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[ { "text": "1. Short title \nThis Act may be cited as the All-American Flag Act.", "id": "S1", "header": "Short title" }, { "text": "2. Requirement for agencies to buy domestically made United States flags \n(a) Requirement for agencies To buy domestically made United States flags \n(1) In general \nChapter 63 of title 41, United States Code, is amended by adding at the end the following new section: 6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 6310. Requirement for agencies to buy domestically made United States flags.. (b) Applicability \nSection 6310 of title 41, United States Code, as added by subsection (a)(1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this Act.", "id": "idD7BD7872EF1A4D8895BA7B00E2659C50", "header": "Requirement for agencies to buy domestically made United States flags" }, { "text": "6310. Requirement for agencies to buy domestically made United States flags \n(a) Requirement \nExcept as provided in subsections (b) through (d), funds appropriated or otherwise available to an agency may not be used for the procurement of any flag of the United States, unless such flag has been 100 percent manufactured in the United States from articles, materials, or supplies that have been grown or 100 percent produced or manufactured in the United States. (b) Availability exception \nSubsection (a) does not apply to the extent that the head of the agency concerned determines that satisfactory quality and sufficient quantity of a flag described in such subsection cannot be procured as and when needed at United States market prices. (c) Exception for certain procurements \nSubsection (a) does not apply to the following: (1) Procurements by vessels in foreign waters. (2) Procurements for resale purposes in any military commissary, military exchange, or nonappropriated fund instrumentality operated by an agency. (3) Procurements for amounts less than the simplified acquisition threshold. (d) Presidential waiver \n(1) In general \nThe President may waive the requirement in subsection (a) if the President determines a waiver is necessary to comply with any trade agreement to which the United States is a party. (2) Notice of waiver \nNot later than 30 days after granting a waiver under paragraph (1), the President shall publish a notice of the waiver in the Federal Register. (e) Definitions \nIn this section: (1) Agency \nThe term agency has the meaning given the term executive agency in section 102 of title 40. (2) Simplified acquisition threshold \nThe term simplified acquisition threshold has the meaning given that term in section 134.", "id": "idBC75387F2D144EDAB7C080AE23EA151D", "header": "Requirement for agencies to buy domestically made United States flags" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Read the Bills Act.", "id": "S1", "header": "Short title" }, { "text": "2. Constitutional authority statement \n(a) In general \nThis Act is enacted pursuant to the power conferred by the Constitution of the United States upon each House of Congress by— (1) article I, section 5, clauses 2 and 3 to determine the rules and keep a journal of its proceedings, respectively; (2) article I, section 7, clause 2 to ensure that bills that become law have been actually passed by, not just passed through, each House of Congress; and (3) article I, section 8, clause 18, which authorizes Congress to make all laws that are necessary and proper for carrying into execution the rules of each House of Congress. (b) Standing provision \nThe provision of this Act under which any person who is aggrieved by the enforcement of any law enacted either in violation of the rules of proceedings of either House of Congress, or by the suspension of the rules, as prescribed herein, shall have standing in a court of law, is enacted pursuant to article III, section 2 of the Constitution of the United States.", "id": "ID2eee756639694f66b4d9cfd4a1baa3a1", "header": "Constitutional authority statement" }, { "text": "3. Findings \nCongress finds the following: (1) The Constitution of the United States vests all legislative powers granted therein in Congress. (2) Each Member of Congress is elected by the people to whom the Member is accountable, and Members must represent the people of their respective State or District in exercising their legislative powers. (3) Establishing a Government of enumerated powers, article I, section 1 of the Constitution of the United States obliges Congress to exercise only those legislative powers provided for in the Constitution of the United States, and article VI of the Constitution of the United States requires that each Member of Congress be bound by oath or affirmation to support the Constitution of the United States by enacting only those laws, and making only those resolutions, that are pursuant to the Constitution of the United States and not prohibited thereby. (4) To ensure that Congress is politically and legally accountable to the people, article I, section 5 of the Constitution of the United States requires each House of Congress to keep a journal of its proceedings and from time to time publish the same. (5) To ensure that no legislation is passed without effective representation of the interests of the people by the elected Members of Congress, article I, section 7 of the Constitution of the United States provides that only a bill “which shall have passed the House of Representatives and the Senate,” and not vetoed by the President, shall become a law. (6) According to section I of the Manual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801 (referred to in this section as Jefferson's Manual ), “nothing tended more to throw power into the hands of administration and those who acted with the majority … than a neglect of, or departure from, the rules of proceeding [which] operated as a check and control of the actions of the majority [and] a shelter and protection to the minority”. (7) According to sections XXII and XL of Jefferson's Manual, it was the rule of the Senate that every bill receive 3 readings, 2 full readings by the Clerk of the Senate, and a third reading of the title of the bill only, because “every member of the Senate had a printed copy [of the bill] in his hand.”. (8) According to sections XXIV, XXV, and XL of Jefferson's Manual, it was the rule of the House of Representatives, following the parliamentary procedure of the English House of Commons, that every bill receive 2 full readings by the Clerk of the House of Representatives, and a reading of the whole contents of the bill verbatim by the Speaker of the House of Representatives before the House of Representatives voted on the bill. (9) Under the current rules of the Senate, the Senate has departed from its original practice of a full first and second reading of each bill, and of ensuring that each Senator has a printed or other verbatim copy of each bill before passage thereof, having by rule XIV of the Standing Rules of the Senate limited each reading of a bill to the reading of the title of the bill only, unless the Senate in any case shall otherwise order. (10) Under the current rules of the House of Representatives, the House of Representatives has by rule XVI (8) and rule XVIII (5) embraced its original practice of full first and second readings of each bill, but has regularly departed from this practice by unanimous consent of the House of Representatives, and has dispensed altogether its original practice of a verbatim third reading of each bill before passage, limiting such third reading to the reading of the title only, including the reading of the title only even when Members of the House of Representatives have no printed or other verbatim copy of the bill before passage. (11) Although section 106 of title 1, United States Code, requires a bill to be made available in written form to each Member of Congress before final passage, Congress has by statute conferred upon itself the power, during the last 6 days of a session of Congress, by concurrent resolution, to vote for passage of a bill that is not in written form at the time of final passage. (12) As a direct consequence of the departure of the Senate and the House of Representatives from the salutary practice of full, verbatim readings of each bill before final passage, and further, as a direct consequence of Congress, by concurrent resolution and otherwise, having permitted certain appropriation, budget, and regulatory bills to be enacted into law without such bills being printed and presented to Congress in written form prior to final passage, Congress has— (A) imposed upon the people of the United States excessively long bills, largely written by an unelected bureaucracy, resulting in generally incomprehensible, cumbersome, oppressive, and burdensome laws, containing hidden provisions for special interests; (B) deprived the people of the United States and their elected Senators and Members of a full and fair opportunity to examine the text of bills, and all amendments thereto, prior to passage; (C) undermined the confidence of the people of the United States as a result of its failure to provide adequate notice to the people before a vote is taken on the bills and amendments thereto; and (D) called into question the integrity and reliability of the legislative processes in both Houses of Congress by its failure to ensure that each Senator and each Member of the House of Representatives has, prior to passage, either listened attentively to the reading of the full text of each bill, and amendments thereto, or has personally read the text thereof. (13) Federal law currently sets forth various requirements relating to the form of bills and resolutions, and the procedure for enacting laws, including— (A) the form of the enacting clause of all Acts of Congress (section 101 of title 1, United States Code); (B) the form of the resolving clause of all joint resolutions (section 102 of title 1, United States Code); (C) a limitation on the use of enacting or resolving words (section 103 of title 1, United States Code); (D) the requirement regarding the numbering of sections and the requirement that each contain a single proposition (section 104 of title 1, United States Code); (E) the style and title for all bills making appropriations (section 105 of title 1, United States Code); and (F) the process by which each bill or joint resolution is handled after passage (section 106 of title 1, United States Code).", "id": "ID2e6b640dfdb248a292a59eff316a6852", "header": "Findings" }, { "text": "4. Text of bill or resolution to specify its constitutional authority, current law \nChapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: 105a. Text of bill or resolution to specify its constitutional authority \n(a) Requirement \n(1) In general \nAny bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration \n(1) In general \nThe requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be submitted for a vote on final passage. (c) No waiver or modification \nNeither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. 105b. Text of bill or resolution to set forth current law \n(a) Requirement \n(1) In general \nAny bill or resolution introduced in either House of Congress that is intended to amend or modify the effect of, or would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth— (A) the current version of the entire section of the current law that the bill or resolution proposes to amend, verbatim; (B) the amendments proposed in the bill or resolution; and (C) the section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution that would strike the text of an entire section of a law. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration \n(1) In general \nThe requirements under subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be submitted to a vote on final passage. (c) No waiver or modification \nNeither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. 105c. Procedures prior to vote on bill or resolution \n(a) In general \n(1) Requirements for vote \nA vote on final passage of a bill (except for private bills) or a resolution may not occur in either House of Congress, unless— (A) the full text of the bill or resolution is published at least 7 days before the vote on an official internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions on searchability, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; (B) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official internet websites described in subparagraph (A) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice under this subparagraph; and (C) except as provided in paragraph (2), the Clerk of the House of Representatives or the Secretary of the Senate has read the full text of the bill or resolution, verbatim, to the respective body of each House of Congress, which have been called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full reading of the text of the bill or resolution. (2) If a bill or resolution is enrolled by either the House of Representatives or the Senate, for any subsequent consideration of the enrolled bill or resolution— (A) it is not necessary for the full text of the bill or resolution to be reread to the House of Congress in which the bill or resolution passed; and (B) the full text of any amendment to the text of the enrolled bill or resolution shall be read, verbatim, to each House of Congress. (b) Affidavit \n(1) In general \nBefore voting in favor of final passage of a bill (except a private bill) or resolution, each Senator and each Member of the House of Representatives, except as provided in paragraph (2), shall sign an affidavit executed under penalty of perjury under section 1621 of title 18 attesting that the Senator or Member— (A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; or (B) prior to voting for passage of such bill or resolution, read attentively each such bill or resolution in its entirety. (2) Vote against passage \nA Senator or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph (1) if the Senator or Member voted against passage of the bill or resolution. (3) Records \nCopies of each affidavit described in paragraph (1) signed by a Senator or a Member of the House of Representatives shall be maintained by the Secretary of the Senate or the Clerk of the House of Representatives, respectively. (c) Journal \nWith respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been satisfied. (d) No waiver or modification \nNeither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. 105d. Enforcement clause \n(a) In general \nAn Act of Congress that does not comply with section 105a, 105b, or 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. (b) Cause of action \nWithout regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28 against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of section 105a, 105b, or 105c) may be brought by— (1) a person aggrieved by an action of an officer or employee in the executive branch of the Federal Government under an Act of Congress that did not comply with sections 105a, 105b, and 105c; (2) a Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with section 105a, 105b, or 105c; and (3) a person individually aggrieved by the failure of a Senator for the State in which the aggrieved person resides or by the failure of a Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member under section 105a, 105b, or 105c..", "id": "IDdf30233161cd4ac39bd795bdfb1f96f8", "header": "Text of bill or resolution to specify its constitutional authority, current law" }, { "text": "105a. Text of bill or resolution to specify its constitutional authority \n(a) Requirement \n(1) In general \nAny bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration \n(1) In general \nThe requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be submitted for a vote on final passage. (c) No waiver or modification \nNeither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section.", "id": "IDca4fee00b0b540a89bd7da6992c10079", "header": "Text of bill or resolution to specify its constitutional authority" }, { "text": "105b. Text of bill or resolution to set forth current law \n(a) Requirement \n(1) In general \nAny bill or resolution introduced in either House of Congress that is intended to amend or modify the effect of, or would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth— (A) the current version of the entire section of the current law that the bill or resolution proposes to amend, verbatim; (B) the amendments proposed in the bill or resolution; and (C) the section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution that would strike the text of an entire section of a law. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. (b) Floor consideration \n(1) In general \nThe requirements under subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager’s amendment. (2) Failure to comply \nAny bill or resolution that does not comply with paragraph (1) shall not be submitted to a vote on final passage. (c) No waiver or modification \nNeither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section.", "id": "ID26b14d62f2054c4bb19c5033dde02270", "header": "Text of bill or resolution to set forth current law" }, { "text": "105c. Procedures prior to vote on bill or resolution \n(a) In general \n(1) Requirements for vote \nA vote on final passage of a bill (except for private bills) or a resolution may not occur in either House of Congress, unless— (A) the full text of the bill or resolution is published at least 7 days before the vote on an official internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions on searchability, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; (B) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official internet websites described in subparagraph (A) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice under this subparagraph; and (C) except as provided in paragraph (2), the Clerk of the House of Representatives or the Secretary of the Senate has read the full text of the bill or resolution, verbatim, to the respective body of each House of Congress, which have been called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full reading of the text of the bill or resolution. (2) If a bill or resolution is enrolled by either the House of Representatives or the Senate, for any subsequent consideration of the enrolled bill or resolution— (A) it is not necessary for the full text of the bill or resolution to be reread to the House of Congress in which the bill or resolution passed; and (B) the full text of any amendment to the text of the enrolled bill or resolution shall be read, verbatim, to each House of Congress. (b) Affidavit \n(1) In general \nBefore voting in favor of final passage of a bill (except a private bill) or resolution, each Senator and each Member of the House of Representatives, except as provided in paragraph (2), shall sign an affidavit executed under penalty of perjury under section 1621 of title 18 attesting that the Senator or Member— (A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; or (B) prior to voting for passage of such bill or resolution, read attentively each such bill or resolution in its entirety. (2) Vote against passage \nA Senator or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph (1) if the Senator or Member voted against passage of the bill or resolution. (3) Records \nCopies of each affidavit described in paragraph (1) signed by a Senator or a Member of the House of Representatives shall be maintained by the Secretary of the Senate or the Clerk of the House of Representatives, respectively. (c) Journal \nWith respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been satisfied. (d) No waiver or modification \nNeither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section.", "id": "IDb0b6c3ff5ddf4edfb1a1429bc88d6142", "header": "Procedures prior to vote on bill or resolution" }, { "text": "105d. Enforcement clause \n(a) In general \nAn Act of Congress that does not comply with section 105a, 105b, or 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. (b) Cause of action \nWithout regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28 against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of section 105a, 105b, or 105c) may be brought by— (1) a person aggrieved by an action of an officer or employee in the executive branch of the Federal Government under an Act of Congress that did not comply with sections 105a, 105b, and 105c; (2) a Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with section 105a, 105b, or 105c; and (3) a person individually aggrieved by the failure of a Senator for the State in which the aggrieved person resides or by the failure of a Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member under section 105a, 105b, or 105c.", "id": "ID0b4601ac37dc4794a2fcfd36bf97148d", "header": "Enforcement clause" }, { "text": "5. Technical and conforming amendments \nThe table of sections for chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 105 the following: 105a. Text of bill or resolution to specify its constitutional authority. 105b. Text of bill or resolution to set forth current law. 105c. Procedures prior to vote on bill or resolution. 105d. Enforcement clause..", "id": "id2D42B74D6CAB464F9BC6C31DFC91CD34", "header": "Technical and conforming amendments" }, { "text": "6. Severability clause \nIf any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected.", "id": "idF834A246E5CC4E7D8483DBE09367F560", "header": "Severability clause" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Accelerated Drug Approval for Prescription Therapies for Coronavirus Act or the ADAPT for COVID Act.", "id": "S1", "header": "Short title" }, { "text": "2. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 506 the following: 506–1. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries \n(a) In general \nThe Secretary may approve an application for approval for a drug under subsection (c) or (j) of section 505 that is currently authorized to be marketed in one or more of the countries included in the list under section 802(b)(1), upon a determination by the Secretary that the sponsor has submitted evidence sufficient to demonstrate all of the criteria under subsection (b)(1). (b) Criteria \n(1) In general \nThe Secretary may approve a drug under subsection (a) only if the Secretary determines that there is evidence that— (A) at the time of application, the drug is authorized to be marketed in a country included in the list under section 802(b)(1); (B) the drug is safe and clinically effective; (C) the manufacturer is capable of manufacturing the drug safely and consistently, and can assure the safety of the supply chain outside the United States; (D) all relevant United States patents or legal exclusivities are expired; (E) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; (F) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and (G) the drug is intended for the treatment or prevention of coronavirus or another disease of epidemic potential. (2) Limitation \nApproval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: (A) The sponsor shall conduct appropriate postapproval studies to verify and describe the predicted effect on irreversible morbidity or mortality or other clinical benefit of the drug. (B) The sponsor shall submit copies of all promotional materials related to the product during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to dissemination of the materials. (c) Timeline \nThe Secretary shall make a determination on an application described in subsection (a) not later than 180 days after the date of submission of such application. (d) Definition \nIn this section, the term coronavirus means SARS–CoV–2, COVID–19, or another coronavirus..", "id": "id4B4766035BE243A5AE8B15005316792A", "header": "Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries" }, { "text": "506–1. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries \n(a) In general \nThe Secretary may approve an application for approval for a drug under subsection (c) or (j) of section 505 that is currently authorized to be marketed in one or more of the countries included in the list under section 802(b)(1), upon a determination by the Secretary that the sponsor has submitted evidence sufficient to demonstrate all of the criteria under subsection (b)(1). (b) Criteria \n(1) In general \nThe Secretary may approve a drug under subsection (a) only if the Secretary determines that there is evidence that— (A) at the time of application, the drug is authorized to be marketed in a country included in the list under section 802(b)(1); (B) the drug is safe and clinically effective; (C) the manufacturer is capable of manufacturing the drug safely and consistently, and can assure the safety of the supply chain outside the United States; (D) all relevant United States patents or legal exclusivities are expired; (E) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; (F) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and (G) the drug is intended for the treatment or prevention of coronavirus or another disease of epidemic potential. (2) Limitation \nApproval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: (A) The sponsor shall conduct appropriate postapproval studies to verify and describe the predicted effect on irreversible morbidity or mortality or other clinical benefit of the drug. (B) The sponsor shall submit copies of all promotional materials related to the product during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to dissemination of the materials. (c) Timeline \nThe Secretary shall make a determination on an application described in subsection (a) not later than 180 days after the date of submission of such application. (d) Definition \nIn this section, the term coronavirus means SARS–CoV–2, COVID–19, or another coronavirus.", "id": "id10D16EF1D83745A69FE0F6750072AF51", "header": "Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Trade Commission Technologists Act of 2021.", "id": "H0F06CE188FC44FF08F38497FC58E7532", "header": "Short title" }, { "text": "2. Establishment of the Office of Technologists \n(a) Office of Technologists \nNot later than 180 days after the date of enactment of this section, the Commission shall establish within the Commission the Office of Technologists (in this section referred to as the Office ) to advise the Commission on technology matters, including the Commission’s use of technology, technical aspects of law enforcement actions, and technology policy recommendations. (b) Personnel \n(1) In general \nThe Commission shall appoint to positions in the Office— (A) not less than 25 technologists; and (B) other necessary employees. (2) Direct hire authority \nThe Commission may make appointments of technologists under paragraph (1) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. (3) Calculation of number of technologists \nFor purposes of paragraph (1)(A), the number of individuals appointed to a position as a technologist shall be determined on a full-time equivalent basis, except that an appointment of an individual to a position as a technologist on a term or temporary basis shall be counted as an appointment to a full-time position, without regard to the number of hours in the administrative workweek of the individual. (4) Compensation \n(A) Rate of pay \nSubject to subparagraph (B), in order to recruit and retain qualified technologists, the Commission may fix the rate of pay, including compensation for night and overtime work and other premium pay, of any technologist appointed under paragraph (1), as the Commission considers necessary for the interest of the Federal Government and just to the individuals employed. (B) Maximum \nThe total amount payable to a technologist appointed under paragraph (1), including compensation for night and overtime work and other premium pay, during any pay period may not exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. (C) Time off \nWith respect to a technologist appointed under paragraph (1) who is not eligible for overtime or other premium pay, the Commission may grant such technologist compensatory time off from duty for overtime work performed. (c) Definitions \nIn this section: (1) Commission \nThe term Commission means the Federal Trade Commission. (2) Technologist \nThe term technologist means an individual with training and expertise regarding the state of the art in information technology, including product development, supply chain management, data privacy and analytics, algorithms, information security, network security, the manufacturing of hardware, software development, computer science, or other related fields. (d) Authorization of appropriation \nThere is authorized to be appropriated such sums as necessary to carry out the requirements of this section.", "id": "H32511BEB7DAF4C17908DF444912A4E23", "header": "Establishment of the Office of Technologists" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Corn Ethanol Mandate Elimination Act of 2021.", "id": "idF1D0F9C2EE6845EDBADCBB678C9A00AE", "header": "Short title" }, { "text": "2. Elimination of corn ethanol mandate for renewable fuel \n(a) Removal of table \nSection 211(o)(2)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B)(i) ) is amended by striking subclause (I). (b) Conforming amendments \nSection 211(o)(2)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B) ) is amended— (1) in clause (i)— (A) by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively; (B) in subclause (I) (as so redesignated), by striking of the volume of renewable fuel required under subclause (I), ; and (C) in subclauses (II) and (III) (as so redesignated), by striking subclause (II) each place it appears and inserting subclause (I) ; and (2) in clause (v), by striking clause (i)(IV) and inserting clause (i)(III). (c) Administration \nNothing in this section or the amendments made by this section affects the volumes of advanced biofuel, cellulosic biofuel, or biomass-based diesel that are required under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ).", "id": "id1046811479884F9B91B1F9EE1A3D1FB1", "header": "Elimination of corn ethanol mandate for renewable fuel" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Enhancing Mental Health and Suicide Prevention Through Campus Planning Act.", "id": "H98302E374ABD432F979925E379BD1AE1", "header": "Short title" }, { "text": "2. Encouraging campus comprehensive mental health and suicide prevention plans \nPart L of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161l et seq. ) is amended— (1) by redesignating section 826 as section 827; and (2) by inserting after section 825 the following new section: 826. Encouraging campus comprehensive mental health and suicide prevention plans \n(a) In general \nThe Secretary shall make efforts to encourage institutions of higher education to develop and implement comprehensive campus mental health and suicide prevention plans. Such efforts— (1) shall be conducted in coordination with the Secretary of Health and Human Services (acting through the Administrator of the Substance Abuse and Mental Health Services Administration); (2) shall align with— (A) the efforts of the Suicide Prevention Resource Center, specifically the Center’s model of nine strategies that form a comprehensive approach to suicide prevention; (B) the 21st Century Cures Act ( Public Law 114–225 ); and (C) the programs authorized under the Garrett Lee Smith Memorial Act ( 42 U.S.C. 201 note; Public Law 108–355 ); (3) shall take into consideration existing State efforts to address mental health and suicide prevention at institutions of higher education; and (4) may be carried out in collaboration with nonprofit organizations and other experts and stakeholders in the field of campus mental health and suicide prevention. (b) Reports \nThe Secretary, or a designee of the Secretary, shall report to Congress on the efforts of the Secretary carried out under this section— (1) not later than 1 year after the date of enactment of the Enhancing Mental Health and Suicide Prevention Through Campus Planning Act ; and (2) 3 years after the date of enactment of such Act. (c) Construction \nNothing in this section shall be construed as creating new statutory requirements for institutions of higher education or granting the Secretary new regulatory authority..", "id": "H50D08BB71D37481B88FC1CC578234E6A", "header": "Encouraging campus comprehensive mental health and suicide prevention plans" }, { "text": "826. Encouraging campus comprehensive mental health and suicide prevention plans \n(a) In general \nThe Secretary shall make efforts to encourage institutions of higher education to develop and implement comprehensive campus mental health and suicide prevention plans. Such efforts— (1) shall be conducted in coordination with the Secretary of Health and Human Services (acting through the Administrator of the Substance Abuse and Mental Health Services Administration); (2) shall align with— (A) the efforts of the Suicide Prevention Resource Center, specifically the Center’s model of nine strategies that form a comprehensive approach to suicide prevention; (B) the 21st Century Cures Act ( Public Law 114–225 ); and (C) the programs authorized under the Garrett Lee Smith Memorial Act ( 42 U.S.C. 201 note; Public Law 108–355 ); (3) shall take into consideration existing State efforts to address mental health and suicide prevention at institutions of higher education; and (4) may be carried out in collaboration with nonprofit organizations and other experts and stakeholders in the field of campus mental health and suicide prevention. (b) Reports \nThe Secretary, or a designee of the Secretary, shall report to Congress on the efforts of the Secretary carried out under this section— (1) not later than 1 year after the date of enactment of the Enhancing Mental Health and Suicide Prevention Through Campus Planning Act ; and (2) 3 years after the date of enactment of such Act. (c) Construction \nNothing in this section shall be construed as creating new statutory requirements for institutions of higher education or granting the Secretary new regulatory authority.", "id": "HD0101D5444F04EE9B7A4245BB9CD26A9", "header": "Encouraging campus comprehensive mental health and suicide prevention plans" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Telecommunications Supply Chain Diversity Promotion Act.", "id": "S1", "header": "Short title" }, { "text": "2. Open network architecture \n(a) Open network architecture testbed \n(1) Definitions \nIn this subsection— (A) the term Applied Research Open-RAN testbed means the testbed established under paragraph (2); (B) the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information; and (C) the term NTIA means the National Telecommunications and Information Administration. (2) Establishment \nThe Assistant Secretary shall establish an applied research open network architecture testbed at the Institute for Telecommunication Sciences of the NTIA to develop and demonstrate network architectures and applications, equipment integration and interoperability at scale, including— (A) Open Radio Access Network (commonly known as Open-RAN ) technology; (B) Virtualized Radio Access Network (commonly known as vRAN ) technology; and (C) cloud native technologies that replicate telecommunications hardware as software-based virtual network elements and functions. (3) Focus; considerations \nIn establishing the Applied Research Open-RAN testbed pursuant to this section, the Assistant Secretary shall ensure that such testbed evaluates issues related to deployment and operation of open network architectures in rural areas. (4) Cooperative research and development agreements \nThe Assistant Secretary shall enter into cooperative research and development agreements as appropriate to obtain equipment, devices, and expertise for the Applied Research Open-RAN testbed, in accordance with section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ). (5) Private sector contributions \nThe Assistant Secretary may accept private contributions to the Applied Research Open-RAN testbed in the form of network equipment or devices for testing purposes. (6) Partnership with Government entities \n(A) Establishment \nIn establishing the Applied Research Open-RAN testbed, the Assistant Secretary shall— (i) consult with the Federal Communications Commission, including with respect to ongoing work by the Commission to develop other testbeds, including private sector testbeds, related to Open-RAN technologies; and (ii) ensure that the work on the testbed is coordinated with the responsibilities of the Assistant Secretary under any relevant memorandum of understanding with the Federal Communications Commission and the National Science Foundation related to spectrum. (B) Operations \nIn operating the Applied Research Open-RAN testbed, the Assistant Secretary shall, in consultation with the Federal Communications Commission, partner with— (i) the First Responder Network Authority of the NTIA (also known as FirstNet ) and the Public Safety Communications Research Division of the National Institute of Standards and Technology to examine use cases and applications for Open-RAN technologies in a public safety network; (ii) other Federal agencies, as appropriate to examine use cases and applications for Open-RAN technologies in other areas of interest to such agencies; and (iii) international partners, as appropriate. (7) Stakeholder input \nThe Assistant Secretary shall seek input from stakeholders regarding the establishment and operation of the Applied Research Open-RAN testbed. (8) Implementation deadline \nNot later than 180 days after the date of enactment of this Act, the Assistant Secretary shall— (A) define metrics and parameters for the Applied Research Open-RAN testbed, including functionality, project configuration and capacity, performance, security requirements, and quality assurance; (B) adopt any rules as necessary, in consultation with the Federal Communications Commission; and (C) begin the development of the Applied Research Open-RAN testbed, including seeking stakeholder input as required by paragraph (7). (9) Report \nNot later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the testbed and any recommendations for additional legislative or regulatory actions relating to the work of the testbed. (10) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated for the administration of the Applied Research Open-RAN testbed $20,000,000 for fiscal year 2022, to remain available until expended. (B) Rule of construction \nNothing in paragraph (6) shall be construed to obligate FirstNet or any other Federal entity to pay for the cost of the Applied Research Open-RAN testbed created under this section in the absence of the appropriation of amounts under this paragraph. (C) Authorization for voluntary support \nA Federal entity, including FirstNet, may voluntarily enter into an agreement with NTIA to provide monetary or nonmonetary support for the Applied Research Open-RAN testbed. (b) Participation in standards-Setting bodies \n(1) Definitions \nIn this section— (A) the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information; (B) the term eligible standards-setting body — (i) means a standards-setting body, participation in which may be funded by a grant awarded under paragraph (2), as determined by the Assistant Secretary; and (ii) includes— (I) the 3rd Generation Partnership Project (commonly known as 3GPP ); (II) the Alliance for Telecommunications Industry Solutions (commonly known as ATIS ); (III) the International Telecommunications Union (commonly known as ITU ); (IV) the Institute for Electrical and Electronics Engineers (commonly known as IEEE ); (V) the World Radiocommunications Conferences (commonly known as the WRC ) of the ITU; (VI) the Internet Engineering Task Force (commonly known as the IETF ); (VII) the International Organization for Standardization (commonly known as the ISO ) and the International Electrotechnical Commission (commonly known as the IEC ); (VIII) the O-RAN Alliance; (IX) the Telecommunications Industry Association (commonly known as TIA ); and (X) any other standards-setting body identified under paragraph (4); (C) the term Secretary means the Secretary of Commerce; and (D) the term standards-setting body means an international body that develops the standards for open network architecture technologies. (2) Grant program \n(A) In general \nThe Secretary, in collaboration with the Assistant Secretary, shall award grants to private sector entities based in the United States to participate in eligible standards-setting bodies. (B) Prioritization \nThe Secretary shall prioritize grants awarded under this section to private sector entities that would not otherwise be able to participate in eligible standards-setting bodies without the grant. (3) Grant criteria \nNot later than 180 days after the date on which amounts are appropriated under paragraph (5), the Secretary, in collaboration with the Assistant Secretary, shall establish criteria for the grants awarded under paragraph (2). (4) Consultation with Federal Communications Commission \nThe Secretary shall consult with the Federal Communications Commission in— (A) determining criteria for the grants awarded under paragraph (2); and (B) determining which standards-setting bodies, if any, in addition to the standards-setting bodies listed in paragraph (1)(B)(ii) are eligible standards-setting bodies. (5) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated for grants under paragraph (2) $30,000,000 in total for fiscal years 2022 through 2025, to remain available until expended. (B) Administrative costs \nThe Secretary may use not more than 2 percent of any funds appropriated under this paragraph for the administration of the grant program established under this subsection.", "id": "id368655D5D6B149B5A3CB3F4924EA8E69", "header": "Open network architecture" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Business Child Care Investment Act.", "id": "S1", "header": "Short title" }, { "text": "2. Small business loans for nonprofit child care providers \nSection 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ) is amended by adding at the end the following: (10) Nonprofit child care providers \n(A) Definition \nIn this paragraph, the term covered nonprofit child care provider means an organization— (i) that— (I) is in compliance with licensing requirements for child care providers of the State in which the organization is located; (II) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (III) is primarily engaged in providing child care for children from birth to compulsory school age; (ii) for which each employee and regular volunteer complies with the criminal background check requirements under section 658H(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(b) ); and (iii) that may— (I) provide care for school-age children outside of school hours or outside of the school year; or (II) offer preschool or prekindergarten educational programs. (B) Eligibility for loan programs \nNotwithstanding any other provision of this subsection, a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of any program under this Act or the Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq.) under which— (i) the Administrator may make loans to small business concerns; (ii) the Administrator may guarantee timely payment of loans to small business concerns; or (iii) the recipient of a loan made or guaranteed by the Administrator may make loans to small business concerns..", "id": "idB1AF31D4F7E04C3FB56539A714F3011D", "header": "Small business loans for nonprofit child care providers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Increasing Access to Biosimilars Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Demonstration project to increase access to biosimilar biological products under the Medicare program \n(a) Establishment \nBeginning not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a 5-year nationwide demonstration project under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) to evaluate the benefits of providing a shared savings payment for biosimilar biological products furnished under such part. At the discretion of the Secretary, the demonstration project may be extended for an additional 2 years past the initial 5-year period. (b) Participation \n(1) In general \nParticipation in the demonstration project shall be voluntary and a participating provider may terminate participation at any time and the Secretary may terminate the participation of such a provider at any time for failure to comply with the requirements of the demonstration project. (2) Application and selection \nTo participate in the demonstration project, an eligible provider shall submit to the Secretary an application in such form and manner and containing such information as specified by the Secretary. Each eligible provider who submits such an application shall be selected by the Secretary for participation under the demonstration project. (3) Participation in innovation center models \nParticipation in the demonstration project shall not preclude an eligible provider from also participating in any model authorized under section 1115A of the Social Security Act ( 42 U.S.C. 1315a ), including the Oncology Care Model and the Oncology Care First Model, or impact metrics or expenditures with respect to an eligible provider under any model authorized under such section. (c) Coverage \nExcept as otherwise provided in this section, payment may be made under the demonstration project for a biosimilar biological product only if such product is covered under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) and such payment shall be made in the same manner as payment is provided for such a product under such part. (d) Additional payment \n(1) In general \nSubject to paragraphs (2) and (3), in addition to the amount of payment that would otherwise be made under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) for a biosimilar biological product furnished or dispensed by a participating provider to a Medicare beneficiary under the demonstration project, there shall be made an additional payment, in an amount determined by the Secretary, that reflects a portion of any difference between such amount of payment under such part, as compared to the amount of payment that would have been made under such part if the reference biological product had been furnished or dispensed to the beneficiary. (2) Medicare Beneficiary Coinsurance Liability \nThe additional payment provided under paragraph (1) shall not be taken into account when determining the amount of coinsurance under section 1833(a)(1)(S) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(S) ) for a biosimilar biological product furnished or dispensed to a Medicare beneficiary by a participating provider under the demonstration project. The Secretary may use a portion of the difference described in such paragraph to waive or reduce the amount of coinsurance otherwise applicable under such section for such a biosimilar biological. (3) Exception to Additional Payment \nA participating provider may only receive the additional payment described in paragraph (1) with respect to a biosimilar biological product furnished or dispensed by the participating provider to a Medicare beneficiary under the demonstration project, if the amount of payment determined under section 1847A of the Social Security Act ( 42 U.S.C. 1395w–3a ) for the biosimilar biologic product is less than the amount of payment determined under such section for the reference biological product. (e) Waiver authority \nThe Secretary may waive such requirements of titles XI and XVIII of the Social Security Act ( 42 U.S.C. 1301 et seq., 1395 et seq.) as may be necessary to carry out the demonstration project. (f) Data collection \n(1) In general \nThe Secretary shall collect data on the sex, race, ethnicity, and geographic and socioeconomic characteristics of Medicare beneficiaries to whom a biosimilar biological product is furnished or dispensed by a participating provider under the demonstration project. (2) Consideration \nThe Secretary shall take into account data collected under paragraph (1) in evaluating the demonstration project in each of the reports submitted under subsection (g). (g) Reports \n(1) Interim evaluation and report \nNot later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains an analysis of the appropriateness of expanding or extending the demonstration project and, to the extent such analysis determines such an expansion or extension appropriate, recommendations for such expansion or extension, respectively. (2) Evaluation and report \nNot later than 1 year after the date of completion of the demonstration project, the Secretary shall submit to Congress a report that contains a final analysis of the project and recommendations described in paragraph (1). (h) Definitions \nIn this section: (1) Biosimilar biological product \nThe term biosimilar biological product has the meaning given that term in section 1847A(c)(6)(H) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(H)). (2) Demonstration project \nThe term demonstration project means the demonstration project conducted under this section. (3) Eligible provider \nThe term eligible provider means a provider of services or supplier that is eligible to receive payment under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) for furnishing or dispensing a biosimilar biological product. (4) Medicare beneficiary \nThe term Medicare beneficiary means an individual who is enrolled for benefits under such part. (5) Participating provider \nThe term participating provider means an eligible provider that has been selected for participation under the project under subsection (b)(2) and with respect to whom such participation has not been terminated. (6) Reference biological product \nThe term reference biological product has the meaning given that term in section 1847A(c)(6)(I) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(I)). (7) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "idd8bf5b8031584479879f727b958615b3", "header": " Demonstration project to increase access to biosimilar biological products under the Medicare program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Preserving Patient Access to Value-Based Care Act.", "id": "S1", "header": "Short title" }, { "text": "2. Advanced payment model incentive, participation, and threshold modifications \n(a) In general \nSection 1833(z) of the Social Security Act ( 42 U.S.C. 1395l(z) ) is amended— (1) in paragraph (1)(A), by striking 2024 and inserting 2026 ; and (2) in paragraph (2)(C)— (A) in clause (i), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; (B) in clause (ii)(I)— (i) in the matter preceding item (aa), by striking 75 percent and inserting the applicable percent (as defined in clause (iv)) for such year ; and (ii) in item (bb)— (I) by striking and other than payments made under title XIX and inserting other than payments made under title XIX ; and (II) by striking State program under that title), and inserting State program under that title, and other than payments made by payers in which no payment or program meeting the requirements described in clause (iii)(II) is available from the payer for participation by the eligible professional) ; and (C) by adding at the end the following new clause: (iv) Applicable percent defined \nFor purposes of clauses (i) and (ii), the term applicable percent means— (I) for 2025, a percent specified by the Secretary, but in no case less than 50 percent or more than 55 percent; and (II) for a subsequent year, a percent specified by the Secretary, but in no case less than the percent specified under this clause for the preceding year or more than 5 percentage points higher than the percent specified under this clause for such preceding year.. (b) Partial qualifying apm participant modifications \nSection 1848(q)(1)(C)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(1)(C)(iii)(III) ) is amended— (1) in item (aa), by striking 75 percent was instead a reference to 50 percent and inserting the applicable percent was instead a reference to 10 percentage points less than the applicable percent ; and (2) in item (bb)— (A) by striking 75 percent and inserting the applicable percent ; (B) by striking 50 percent and inserting 10 percentage points less than the applicable percent.", "id": "id38c6bb263ba6447bb928ad9d370e115d", "header": "Advanced payment model incentive, participation, and threshold modifications" } ]

[ { "text": "1. Short title \nThis Act may be cited as the BuyAmerican.gov Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Buy American law \nThe term Buy American law means any law, regulation, Executive order, or rule relating to Federal contracts, grants, or financial assistance that requires or provides a preference for the purchase or use of goods, products, or materials mined, produced, or manufactured in the United States, including— (A) chapter 83 of title 41, United States Code (commonly referred to as the Buy American Act ); (B) section 5323(j) of title 49, United States Code; (C) section 313 of title 23, United States Code; (D) section 50101 of title 49, United States Code; (E) section 24405 of title 49, United States Code; (F) section 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 ); (G) section 1452(a)(4) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4) ); (H) section 5035 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3914 ); (I) section 2533a of title 10, United States Code (commonly referred to as the Berry Amendment ); (J) section 2533b of title 10, United States Code; and (K) section 604 of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b ). (2) Executive agency \nThe term executive agency has the meaning given the term in section 133 of title 41, United States Code.", "id": "id8C9A94BE7D704641945BF6644826CF50", "header": "Definitions" }, { "text": "3. Sense of Congress on buying American \nIt is the sense of Congress that— (1) every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals; (2) every executive agency should scrupulously monitor, enforce, and comply with Buy American Laws, to the extent they apply, and minimize the use of waivers; and (3) every executive agency should implement processes to routinely audit its compliance with Buy American laws using data from the Federal Procurement Data System–Next Generation.", "id": "idF5D5A89A7A824AFE8F728259CBC8EAE9", "header": "Sense of Congress on buying American" }, { "text": "4. Report on Buy American compliance efforts \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of Commerce, in consultation with the Director of the Office of Management and Budget, the United States Trade Representative, the Secretary of State, and the heads of other executive agencies, shall submit to Congress and the President a report on the implementation of, and compliance with, Buy American laws. (b) Elements \nThe report required under subsection (a) shall include the following elements: (1) An assessment of the monitoring of, enforcement of, implementation of, and compliance with Buy American Laws within each executive agency. (2) A listing of each waiver and exception used by an executive agency and an assessment of waivers by type and impact on domestic jobs and manufacturing. (3) Recommendations for policies for executive agencies to ensure that, to the extent permitted by law, Federal financial assistance awards and Federal contacts maximize the use of goods, products, and materials mined, produced, and manufactured in the United States, including manufactured products, components of manufactured products, and materials such as steel, iron, aluminum, and cement and services. (c) Agency reports \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the head of each executive agency shall submit to the Secretary of Commerce and the Director of the Office of Management and Budget a report on the implementation of, and compliance with, Buy American laws and covering with respect to that agency the elements set forth in subsection (b). (d) Guidance \nThe head of each executive agency shall review the guidance issued to executive agencies in accordance with Executive Order 13788 regarding assessment of waivers and policies addressing Buy American laws and, as necessary, issue additional guidance.", "id": "id90FC8F9746244BACA346756107E49C11", "header": "Report on Buy American compliance efforts" }, { "text": "5. Assessment of impact of free trade agreements \nNot later than 150 days after the date of the enactment of this Act, the Secretary of Commerce and the United States Trade Representative shall assess the impacts in a publicly available report of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences.", "id": "id5CEF0F8056B74402932373C6E485845E", "header": "Assessment of impact of free trade agreements" }, { "text": "6. Judicious use of waivers \n(a) In general \nTo the extent permitted by law, public interest waivers from Buy American Laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. (b) Public interest waiver determinations \nTo the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration.", "id": "id34C296FB216340BAAB02CA0BBBD1FF60", "header": "Judicious use of waivers" }, { "text": "7. Establishment of BuyAmerican.gov website \nNot later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website shall also include the results of routine audits of the Federal Procurement Data System–Next Generation to determine data errors and Buy American law violations after the award of a contract. The website shall provide publicly available contact information for the contracting agencies.", "id": "idb27036e7be284d18b2850b58557d9f1c", "header": "Establishment of BuyAmerican.gov website" }, { "text": "8. Waiver Transparency and Streamlining for grants \n(a) Collection of information \nThe President, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to waive Buy American laws and other domestic content restrictions, utilizing existing reporting requirements whenever possible, for purposes of providing early notice to possible waivers via the website established under subsection (a). The heads of executive agencies shall report to the Administrator as quickly as possible waivers requested or under consideration and waivers granted due to the non-availability of procured items or service providers for purposes of posting such information on the website established under such subsection. (b) Waiver transparency and streamlining \nNot less than 20 days prior to waiving, under his or her statutory authority, any applicable Buy American law, the head of an executive agency shall submit to the Administrator of General Services a notice of the agency’s intention to waive the Buy American law. Not later than 5 days after receiving this information from the head of an executive agency, the Administrator of General Services shall make available to the public, by posting on the website established under section 7, a copy of the information provided pursuant to subsection (a), and shall allow for informal public comment on the request for at least 15 days prior to making a finding based on the request. (c) Information available to the executive agency concerning the request \n(1) Requirement \nNo requested waiver of an applicable Buy American Law may be granted if, in contravention of subsection (b)— (A) information about the waiver was not made available on the website under section 7; or (B) no opportunity for public comment concerning the request was granted. (2) Scope \nInformation made available to the public concerning the request included on the website described in section 7 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include— (A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; (B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; (C) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and (D) a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. (d) Nonavailability waivers \n(1) In general \nExcept as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not suitable. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception \nAn explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation.", "id": "id085EEE8ED87343E1AF8C41E1FD35AA5A", "header": "Waiver Transparency and Streamlining for grants" }, { "text": "9. Waiver transparency and streamlining for procurement \n(a) Publication of information \nNot less than 20 days prior to waiving, pursuant to statutory authority, any applicable Buy American law, the head of an executive agency shall make information concerning the intention to issue a waiver or exception in connection with a Federal procurement available to the Administrator of General Services. A notice of the agency’s intention to waive a Buy American law shall be made available to the public through BuyAmerican.gov and shall include the statutory basis for exercise of the waiver or exception. (b) Nonavailability waivers \n(1) In general \nExcept as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not suitable. The explanation shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception \nAn explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation.", "id": "idF95C679648374800B707C61AC1782A27", "header": "Waiver transparency and streamlining for procurement" }, { "text": "10. Comptroller General report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this Act, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws.", "id": "id4DFBC1B18E774C199B84E290904562E1", "header": "Comptroller General report" }, { "text": "11. Rules of construction \n(a) Disclosure requirements \nNothing in this Act shall be construed as preempting, superseding, or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation. (b) Establishment of successor information systems \nNothing in this Act shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services to move the data required to be included on the website established under subsection (a) to a successor information system. Any such information system shall include a reference to BuyAmerican.gov.", "id": "id5BE205EEA2E24278B907819BA3DAFB13", "header": "Rules of construction" }, { "text": "12. Consistency with international agreements \nThis Act shall be applied in a manner consistent with United States obligations under international agreements.", "id": "id71F1A05A72E041A3A4E1284FC698BABA", "header": "Consistency with international agreements" }, { "text": "1. Short title \nThis Act may be cited as the BuyAmerican.gov Act of 2021.", "id": "id2bbf155f-b635-4299-91e5-4759390bb01a", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Buy American law \nThe term Buy American law means any law, regulation, Executive order, or rule relating to Federal contracts, grants, or financial assistance that requires or provides a preference for the purchase or use of goods, products, or materials mined, produced, or manufactured in the United States, including— (A) chapter 83 of title 41, United States Code (commonly referred to as the Buy American Act ); (B) section 5323(j) of title 49, United States Code; (C) section 313 of title 23, United States Code; (D) section 50101 of title 49, United States Code; (E) section 24405 of title 49, United States Code; (F) section 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 ); (G) section 1452(a)(4) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4) ); (H) section 5035 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3914 ); (I) section 2533a of title 10, United States Code (commonly referred to as the Berry Amendment ); and (J) section 2533b of title 10, United States Code. (2) Executive agency \nThe term executive agency has the meaning given the term agency in paragraph (1) of section 3502 of title 44, United States Code, except that it does not include an independent regulatory agency, as that term is defined in paragraph (5) of such section. (3) Buy American waiver \nThe term Buy American waiver refers to an exception to or waiver of any Buy American law, or the terms and conditions used by an agency in granting an exception to or waiver from Buy American laws.", "id": "id940bf80c-38e8-4d0b-94dc-cc47871e4015", "header": "Definitions" }, { "text": "3. Sense of Congress on buying American \nIt is the sense of Congress that— (1) every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals; (2) every executive agency should scrupulously monitor, enforce, and comply with Buy American laws, to the extent they apply, and minimize the use of waivers; and (3) every executive agency should use available data to routinely audit its compliance with Buy American laws.", "id": "id4e93096d-1937-414d-a1f1-d9dcc528c160", "header": "Sense of Congress on buying American" }, { "text": "4. Assessment of impact of free trade agreements \nNot later than 150 days after the date of the enactment of this Act, the Secretary of Commerce, the United States Trade Representative, and the Director of the Office of Management and Budget shall assess the impacts in a publicly available report of all United States free trade agreements, the World Trade Organization Agreement on Government Procurement, and Federal permitting processes on the operation of Buy American laws, including their impacts on the implementation of domestic procurement preferences.", "id": "id9cc4045d-b6d7-451b-ae19-783eb9596981", "header": "Assessment of impact of free trade agreements" }, { "text": "5. Judicious use of waivers \n(a) In general \nTo the extent permitted by law, a Buy American waiver that is determined by an agency head or other relevant official to be in the public interest shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. (b) Public interest waiver determinations \nTo the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration.", "id": "id38c697b1-8da1-4975-95bb-52a53a26d7e1", "header": "Judicious use of waivers" }, { "text": "6. Establishment of BuyAmerican.gov website \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an Internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws since the date of the enactment of this Act that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website shall also include the results of routine audits to determine data errors and Buy American law violations after the award of a contract. The website shall provide publicly available contact information for the relevant contracting agencies. (b) Utilization of existing website \nThe requirements of subsection (a) may be met by utilizing an existing website, provided that the address of that website is BuyAmerican.gov.", "id": "id0ae34ae3-482a-4e16-a14a-6b180e1f17d0", "header": "Establishment of BuyAmerican.gov website" }, { "text": "7. Waiver Transparency and Streamlining for contracts \n(a) Collection of information \nThe Administrator of General Services, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a Federal contract, utilizing existing reporting requirements whenever possible, for purposes of providing early notice of possible waivers via the website established under section 6. (b) Waiver transparency and streamlining \n(1) Requirement \nPrior to granting a request to waive a Buy American law, the head of an executive agency shall submit a request to invoke a Buy American waiver to the Administrator of General Services, and the Administrator of General Services shall make the request available on or through the public website established under section 6 for public comment for not less than 15 days. (2) Exception \nThe requirement under paragraph (1) does not apply to a request for a Buy American waiver to satisfy an urgent contracting need in an unforeseen and exigent circumstance. (c) Information available to the executive agency concerning the request \n(1) Requirement \nNo Buy American waiver for purposes of awarding a contract may be granted if, in contravention of subsection (b)— (A) information about the waiver was not made available on the website under section 6; or (B) no opportunity for public comment concerning the request was granted. (2) Scope \nInformation made available to the public concerning the request included on the website described in section 6 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include— (A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; (B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; (C) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and (D) a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. (d) Nonavailability waivers \n(1) In general \nExcept as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a Buy American waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not available from a domestic source. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception \nAn explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation.", "id": "id20763521-8f47-4e97-9e5d-49cc78ed50c6", "header": "Waiver Transparency and Streamlining for contracts" }, { "text": "8. Comptroller General report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this Act, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws.", "id": "idf4addd27-24cb-4f29-a345-95db5d86a480", "header": "Comptroller General report" }, { "text": "9. Rules of construction \n(a) Disclosure requirements \nNothing in this Act shall be construed as preempting, superseding, or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation. (b) Establishment of successor information systems \nNothing in this Act shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services to move the data required to be included on the website established under subsection (a) to a successor information system. Any such information system shall include a reference to BuyAmerican.gov.", "id": "id5166613c-b6cb-4405-801a-ae0b4e1acf0f", "header": "Rules of construction" }, { "text": "10. Consistency with international agreements \nThis Act shall be applied in a manner consistent with United States obligations under international agreements.", "id": "id6ccf8e77-25a6-4225-ac6c-e9a532c0a58d", "header": "Consistency with international agreements" }, { "text": "11. Prospective amendments to internal cross-references \n(a) In general \nSection 2(1) is amended— (1) in subparagraph (I), by striking section 2533a and inserting section 4862 ; and (2) in subparagraph (J), by striking section 2533b and inserting section 4863. (b) Effective date \nThe amendments made by subsection (a) shall take effect on January 1, 2022.", "id": "id252D9558F61249DA8CFF31B47070CECA", "header": "Prospective amendments to internal cross-references" } ]

[ { "text": "1. Short title \nThis Act may be cited as the BuyAmerican.gov Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Buy American law \nThe term Buy American law means any law, regulation, Executive order, or rule relating to Federal contracts, grants, or financial assistance that requires or provides a preference for the purchase or use of goods, products, or materials mined, produced, or manufactured in the United States, including— (A) chapter 83 of title 41, United States Code (commonly referred to as the Buy American Act ); (B) section 5323(j) of title 49, United States Code; (C) section 313 of title 23, United States Code; (D) section 50101 of title 49, United States Code; (E) section 24405 of title 49, United States Code; (F) section 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 ); (G) section 1452(a)(4) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4) ); (H) section 5035 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3914 ); (I) section 2533a of title 10, United States Code (commonly referred to as the Berry Amendment ); (J) section 2533b of title 10, United States Code; and (K) section 604 of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b ). (2) Executive agency \nThe term executive agency has the meaning given the term in section 133 of title 41, United States Code.", "id": "id8C9A94BE7D704641945BF6644826CF50", "header": "Definitions" }, { "text": "3. Sense of Congress on buying American \nIt is the sense of Congress that— (1) every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals; (2) every executive agency should scrupulously monitor, enforce, and comply with Buy American Laws, to the extent they apply, and minimize the use of waivers; and (3) every executive agency should implement processes to routinely audit its compliance with Buy American laws using data from the Federal Procurement Data System–Next Generation.", "id": "idF5D5A89A7A824AFE8F728259CBC8EAE9", "header": "Sense of Congress on buying American" }, { "text": "4. Report on Buy American compliance efforts \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of Commerce, in consultation with the Director of the Office of Management and Budget, the United States Trade Representative, the Secretary of State, and the heads of other executive agencies, shall submit to Congress and the President a report on the implementation of, and compliance with, Buy American laws. (b) Elements \nThe report required under subsection (a) shall include the following elements: (1) An assessment of the monitoring of, enforcement of, implementation of, and compliance with Buy American Laws within each executive agency. (2) A listing of each waiver and exception used by an executive agency and an assessment of waivers by type and impact on domestic jobs and manufacturing. (3) Recommendations for policies for executive agencies to ensure that, to the extent permitted by law, Federal financial assistance awards and Federal contacts maximize the use of goods, products, and materials mined, produced, and manufactured in the United States, including manufactured products, components of manufactured products, and materials such as steel, iron, aluminum, and cement and services. (c) Agency reports \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the head of each executive agency shall submit to the Secretary of Commerce and the Director of the Office of Management and Budget a report on the implementation of, and compliance with, Buy American laws and covering with respect to that agency the elements set forth in subsection (b). (d) Guidance \nThe head of each executive agency shall review the guidance issued to executive agencies in accordance with Executive Order 13788 regarding assessment of waivers and policies addressing Buy American laws and, as necessary, issue additional guidance.", "id": "id90FC8F9746244BACA346756107E49C11", "header": "Report on Buy American compliance efforts" }, { "text": "5. Assessment of impact of free trade agreements \nNot later than 150 days after the date of the enactment of this Act, the Secretary of Commerce and the United States Trade Representative shall assess the impacts in a publicly available report of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences.", "id": "id5CEF0F8056B74402932373C6E485845E", "header": "Assessment of impact of free trade agreements" }, { "text": "6. Judicious use of waivers \n(a) In general \nTo the extent permitted by law, public interest waivers from Buy American Laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. (b) Public interest waiver determinations \nTo the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration.", "id": "id34C296FB216340BAAB02CA0BBBD1FF60", "header": "Judicious use of waivers" }, { "text": "7. Establishment of BuyAmerican.gov website \nNot later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website shall also include the results of routine audits of the Federal Procurement Data System–Next Generation to determine data errors and Buy American law violations after the award of a contract. The website shall provide publicly available contact information for the contracting agencies.", "id": "idb27036e7be284d18b2850b58557d9f1c", "header": "Establishment of BuyAmerican.gov website" }, { "text": "8. Waiver Transparency and Streamlining for grants \n(a) Collection of information \nThe President, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to waive Buy American laws and other domestic content restrictions, utilizing existing reporting requirements whenever possible, for purposes of providing early notice to possible waivers via the website established under subsection (a). The heads of executive agencies shall report to the Administrator as quickly as possible waivers requested or under consideration and waivers granted due to the non-availability of procured items or service providers for purposes of posting such information on the website established under such subsection. (b) Waiver transparency and streamlining \nNot less than 20 days prior to waiving, under his or her statutory authority, any applicable Buy American law, the head of an executive agency shall submit to the Administrator of General Services a notice of the agency’s intention to waive the Buy American law. Not later than 5 days after receiving this information from the head of an executive agency, the Administrator of General Services shall make available to the public, by posting on the website established under section 7, a copy of the information provided pursuant to subsection (a), and shall allow for informal public comment on the request for at least 15 days prior to making a finding based on the request. (c) Information available to the executive agency concerning the request \n(1) Requirement \nNo requested waiver of an applicable Buy American Law may be granted if, in contravention of subsection (b)— (A) information about the waiver was not made available on the website under section 7; or (B) no opportunity for public comment concerning the request was granted. (2) Scope \nInformation made available to the public concerning the request included on the website described in section 7 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include— (A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; (B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; (C) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and (D) a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. (d) Nonavailability waivers \n(1) In general \nExcept as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not suitable. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception \nAn explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation.", "id": "id085EEE8ED87343E1AF8C41E1FD35AA5A", "header": "Waiver Transparency and Streamlining for grants" }, { "text": "9. Waiver transparency and streamlining for procurement \n(a) Publication of information \nNot less than 20 days prior to waiving, pursuant to statutory authority, any applicable Buy American law, the head of an executive agency shall make information concerning the intention to issue a waiver or exception in connection with a Federal procurement available to the Administrator of General Services. A notice of the agency’s intention to waive a Buy American law shall be made available to the public through BuyAmerican.gov and shall include the statutory basis for exercise of the waiver or exception. (b) Nonavailability waivers \n(1) In general \nExcept as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not suitable. The explanation shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception \nAn explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation.", "id": "idF95C679648374800B707C61AC1782A27", "header": "Waiver transparency and streamlining for procurement" }, { "text": "10. Comptroller General report \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this Act, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws.", "id": "id4DFBC1B18E774C199B84E290904562E1", "header": "Comptroller General report" }, { "text": "11. Rules of construction \n(a) Disclosure requirements \nNothing in this Act shall be construed as preempting, superseding, or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation. (b) Establishment of successor information systems \nNothing in this Act shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services to move the data required to be included on the website established under subsection (a) to a successor information system. Any such information system shall include a reference to BuyAmerican.gov.", "id": "id5BE205EEA2E24278B907819BA3DAFB13", "header": "Rules of construction" }, { "text": "12. Consistency with international agreements \nThis Act shall be applied in a manner consistent with United States obligations under international agreements.", "id": "id71F1A05A72E041A3A4E1284FC698BABA", "header": "Consistency with international agreements" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Trade Adjustment Assistance For Workers Reauthorization Act of 2021. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Trade adjustment assistance program Subtitle A—Petitions and Determinations Sec. 101. Filing petitions. Sec. 102. Group eligibility requirements. Sec. 103. Eligibility of staffed workers and teleworkers. Sec. 104. Application of determinations of eligibility to workers employed by successors-in-interest. Sec. 105. Notifications to political subdivisions of certain certifications. Sec. 106. Pilot program for expanded eligibility. Sec. 107. Provision of benefit information to workers. Subtitle B—Program Benefits Sec. 111. Modification of qualifying requirements for workers. Sec. 112. Modifications to trade readjustment allowances. Sec. 113. Automatic extension of trade readjustment allowances. Sec. 114. Employment and case management services. Sec. 115. Training for workers. Subtitle C—Other Matters Sec. 121. Agreements with States. Sec. 122. Eligibility criteria for reemployment trade adjustment assistance. Sec. 123. Subpoena power. Sec. 124. Data collection with respect to training. Subtitle D—General Provisions Sec. 131. Extension of trade adjustment assistance program. Sec. 132. Applicability of trade adjustment assistance provisions. Sec. 133. Sense of Congress. TITLE II—Amendments to Worker Adjustment and Retraining Notification Act Sec. 201. Worker Adjustment and Retraining Notification Act. TITLE III—Health care tax credit Sec. 301. Permanent credit for health insurance costs.", "id": "S1", "header": "Short title; table of contents" }, { "text": "101. Filing petitions \nSection 221(a)(1) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) One or more workers in the group of workers. ; and (2) in subparagraph (C)— (A) by striking or a State dislocated worker unit and inserting a State dislocated worker unit ; and (B) by adding at the end before the period the following: , or workforce intermediaries, including labor-management organizations that carry out re-employment and training services.", "id": "H6F2775F480CD4675B4353F4798DE3A6F", "header": "Filing petitions" }, { "text": "102. Group eligibility requirements \n(a) In general \nSection 222(a)(2) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting or failed to increase after absolutely ; and (B) in clause (iii)— (i) by striking to the decline and inserting to any decline or absence of increase ; and (ii) by striking or at the end; (2) in subparagraph (B)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) (i) the sales or production, or both, of such firm have decreased; (ii) (I) exports of articles produced or services supplied by such workers’ firm have decreased; or (II) imports of articles or services necessary for the production of articles or services supplied by such firm have decreased; and (iii) the decrease in exports or imports described in clause (ii) contributed to such workers’ separation or threat of separation and to the decline in the sales or production of such firm.. (b) Repeal \nSection 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (1) in subsections (a) and (b), by striking importantly each place it appears; and (2) in subsection (c)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.", "id": "H1336D5AFEC1242D8A2414B4724566792", "header": "Group eligibility requirements" }, { "text": "103. Eligibility of staffed workers and teleworkers \nSection 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended by adding at the end the following: (f) Treatment of staffed workers and teleworkers \n(1) In general \nFor purposes of subsection (a), workers in a firm include staffed workers and teleworkers. (2) Definitions \nIn this subsection: (A) Staffed worker \nThe term staffed worker means a worker who performs work under the operational control of a firm that is the subject of a petition filed under section 221, even if the worker is directly employed by another firm. (B) Teleworker \nThe term teleworker means a worker who works remotely but who reports to the location listed for a firm in a petition filed under section 221..", "id": "idA118ECED0D224FAEA97D1A7317EA56A9", "header": "Eligibility of staffed workers and teleworkers" }, { "text": "104. Application of determinations of eligibility to workers employed by successors-in-interest \nSection 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ) is further amended by adding at the end the following: (f) Treatment of workers of successors-in-Interest \nIf the Secretary certifies a group of workers of a firm as eligible to apply for adjustment assistance under this chapter, a worker of a successor-in-interest to that firm shall be covered by the certification to the same extent as a worker of that firm..", "id": "id22494BAEAF184259A22DA47F51233466", "header": "Application of determinations of eligibility to workers employed by successors-in-interest" }, { "text": "105. Notifications to political subdivisions of certain certifications \nSection 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ), as amended by section 104, is further amended by adding at the end the following: (g) Notifications to political subdivisions of certain certifications \n(1) Notification to Secretary of Commerce \nUpon issuing a certification or certifications of eligibility under subsection (a) pursuant to one or more petitions filed under section 221 covering more than 1,000 workers within a political subdivision during a calendar year, the Secretary shall notify the Secretary of Commerce. (2) Notification to political subdivisions \nUpon receiving a notification under paragraph (1) with respect to a political subdivision, the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development, shall— (A) notify the political subdivision of economic assistance grants, loans, and other financial assistance available from the Economic Development Administration; and (B) if the political subdivision applies for any such assistance and meets the requirements for receiving the assistance, provide the political subdivision with priority for receiving that assistance..", "id": "idF8C3F152FF2F4843B6F9DAEF9E027443", "header": "Notifications to political subdivisions of certain certifications" }, { "text": "106. Pilot program for expanded eligibility \nSection 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ), as amended by section 105, is further amended by adding at the end the following: (h) Pilot program for expanded eligibility \n(1) In general \nThe Secretary of Labor may establish a pilot program under which the Secretary may certify under subsection (a) as eligible to apply for adjustment assistance under this subchapter groups of workers who do not meet the eligibility requirements under section 222. (2) Requirement \nThe Secretary may not provide to workers covered by a certification of eligibility under paragraph (1) benefits that are reduced relative to the benefits received by other workers under this subchapter. (3) Notification to Congress \nBefore implementing the pilot program under paragraph (1), the Secretary shall submit to Congress a report that includes— (A) a detailed plan for the program; and (B) a justification for each requirement under section 222 to be waived under the program. (4) Termination \nThe pilot program under paragraph (1) shall terminate at such time as the Secretary considers appropriate. (5) Report required \nNot later than 90 days after the termination under paragraph (4) of the pilot program under paragraph (1), the Secretary shall submit to Congress a report on the outcomes for the workers who participated in the program..", "id": "id2E7E217842B7446B8AED0ADF06A41C31", "header": "Pilot program for expanded eligibility" }, { "text": "107. Provision of benefit information to workers \nSection 225 of the Trade Act of 1974 ( 19 U.S.C. 2275 ) is amended— (1) in subsection (a), by inserting after the second sentence the following new sentence: The Secretary shall make every effort to provide such information and assistance to workers in their native language. ; and (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: (2) The Secretary shall provide a second notice to a worker described in paragraph (1) before the worker has exhausted all rights to any unemployment insurance to which the worker is entitled (other than additional compensation described in section 231(a)(3)(B) funded by a State and not reimbursed from Federal funds). ; (C) in paragraph (3), as redesignated by subparagraph (A), by inserting print or digital before newspapers ; and (D) by adding at the end the following: (4) For purposes of providing outreach regarding the benefits available under this chapter to workers covered by a certification made under this subchapter, the Secretary may take any necessary actions, including the following: (A) Collecting the email addresses and telephone numbers of such workers from the employers of such workers to provide outreach to such workers. (B) Partnering with the certified or recognized union, a community-based worker organization, or other duly authorized representatives of such workers. (C) Hiring peer support workers to perform outreach to other workers covered by that certification. (D) Using advertising methods and public information campaigns, including social media, in addition to notice published in print or digital newspapers under paragraph (3)..", "id": "H6527F6C9B82E41B9BEC2E6248C628C9A", "header": "Provision of benefit information to workers" }, { "text": "111. Modification of qualifying requirements for workers \n(a) In general \nSection 231(a) of the Trade Act of 1974 ( 19 U.S.C. 2291(a) ) is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (3) in paragraph (4), as redesignated by paragraph (2), by striking paragraphs (1) and (2) each place it appears and inserting paragraph (1). (b) Conforming amendments \n(1) Weekly amounts \nSection 232 of the Trade Act of 1974 ( 19 U.S.C. 2292 ) is amended by striking section 231(a)(3)(B) each place it appears and inserting section 231(a)(2)(B). (2) Limitations \nSection 233(a) of the Trade Act of 1974 ( 19 U.S.C. 2293(a) ) is amended— (A) in paragraph (1), by striking section 231(a)(3)(A) and inserting section 231(a)(2)(A) ; and (B) in paragraph (2)— (i) by striking adversely affected employment and all that follows through (A) within and inserting adversely affected employment within ; (ii) by striking , and and inserting a period; and (iii) by striking subparagraph (B).", "id": "H8DD2B8D4D6354CA49A19CD2DB1B52C7A", "header": "Modification of qualifying requirements for workers" }, { "text": "112. Modifications to trade readjustment allowances \n(a) Payment To complete training \nSection 233 of the Trade Act of 1974 ( 19 U.S.C. 2293 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting after 104-week period the following: (or, in the case of an adversely affected worker who requires a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period) ; (B) in paragraph (3), by striking 65 additional weeks in the 78-week period and inserting 78 additional weeks in the 91-week period ; and (C) in the flush text, by striking 78-week period and inserting 91-week period ; and (2) by amending subsection (f) to read as follows: (f) Payment of trade readjustment allowances To complete training \nNotwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that includes a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.. (b) Payment to workers in on-the-Job training, customized training, or apprenticeship programs \nSection 233(d) of the Trade Act of 1974 ( 19 U.S.C. 2293(d) ) is amended to read as follows: (d) Payment to workers in on-the-Job training, customized training, or apprenticeship programs \n(1) In general \nExcept as provided in paragraph (2) and notwithstanding any other provision of this chapter, a trade readjustment allowance may be paid under this part to an adversely affected worker for any week during which the worker is receiving on-the-job training or customized training, or is participating in a registered apprenticeship program, under section 236. (2) Income limitation \nThe Secretary shall reduce the amount of the trade readjustment allowance otherwise payable to a worker under paragraph (1) to ensure that the sum of the income of the worker from the on-the-job training, customized training, or apprenticeship program described in that paragraph and the trade readjustment allowance paid to the worker under that paragraph does not exceed $55,000 during a year. (3) Adjustment of income limitation for inflation \n(A) In general \nThe Secretary of Labor shall adjust the income limitation under paragraph (2) on October 1, 2021, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. (B) Special rules for calculation of adjustment \nIn making an adjustment under subparagraph (A), the Secretary— (i) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and (ii) may ignore any such increase of less than 1 percent. (C) Consumer Price Index defined \nFor purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor..", "id": "id0879EA0C08CE4A0094AF018E2A54E966", "header": "Modifications to trade readjustment allowances" }, { "text": "113. Automatic extension of trade readjustment allowances \n(a) In general \nPart I of subchapter B of chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2291 et seq. ) is amended by inserting after section 233 the following new section: 233A. Automatic extension of trade readjustment allowances \n(a) In general \nNotwithstanding the limitations under section 233(a), the Secretary shall extend the period during which trade readjustment allowances are payable to an adversely affected worker who completes training approved under section 236 by the Secretary during a period of heightened unemployment with respect to the State in which the worker seeks benefits, for the shorter of— (1) the 26-week period beginning on the date of completion of such training; or (2) the period ending on the date on which the adversely affected worker secures employment. (b) Job search required \nA worker shall be eligible for an extension under subsection (a) only if the worker is complying with the job search requirements associated with unemployment insurance in the applicable State. (c) Period of heightened unemployment defined \nIn this section, the term period of heightened unemployment with respect to a State means a 90-day period during which, in the determination of the Secretary, either of the following average rates equals or exceeds 5.5 percent: (1) The average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period. (2) The average rate of total unemployment in all States (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period.. (b) Clerical amendment \nThe table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 233 the following: Sec. 233A. Automatic extension of trade readjustment allowances..", "id": "HB6FDB26CB230418CA9F3E6DE876759F4", "header": "Automatic extension of trade readjustment allowances" }, { "text": "233A. Automatic extension of trade readjustment allowances \n(a) In general \nNotwithstanding the limitations under section 233(a), the Secretary shall extend the period during which trade readjustment allowances are payable to an adversely affected worker who completes training approved under section 236 by the Secretary during a period of heightened unemployment with respect to the State in which the worker seeks benefits, for the shorter of— (1) the 26-week period beginning on the date of completion of such training; or (2) the period ending on the date on which the adversely affected worker secures employment. (b) Job search required \nA worker shall be eligible for an extension under subsection (a) only if the worker is complying with the job search requirements associated with unemployment insurance in the applicable State. (c) Period of heightened unemployment defined \nIn this section, the term period of heightened unemployment with respect to a State means a 90-day period during which, in the determination of the Secretary, either of the following average rates equals or exceeds 5.5 percent: (1) The average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period. (2) The average rate of total unemployment in all States (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period.", "id": "HCF575AD89E02448E9B1F93C0F428089E", "header": "Automatic extension of trade readjustment allowances" }, { "text": "114. Employment and case management services \nSection 235 of the Trade Act of 1974 ( 19 U.S.C. 2295 ) is amended— (1) in paragraph (3)— (A) by inserting after regional areas the following: (including information about registered apprenticeship programs, on-the-job training opportunities, and other work-based learning opportunities) ; and (B) by inserting after suitable training the following: , information regarding the track record of a training provider’s ability to successfully place participants into suitable employment ; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) Information related to direct job placement, including facilitating the extent to which employers within the community commit to employing workers who would benefit from the employment and case management services under this section..", "id": "HD473F0B95EF640B1AF5C2068B1E757AD", "header": "Employment and case management services" }, { "text": "115. Training for workers \nSection 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking subparagraph (A); (ii) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; and (iii) in subparagraph (C), as redesignated by clause (ii), by inserting , with a demonstrated ability to place participants into employment before the comma at the end; (B) in paragraph (2)(A)— (i) by striking shall not exceed $450,000,000 and inserting the following: “shall not exceed— (i) $450,000,000 ; (ii) by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (ii) $1,000,000,000 for each of fiscal years 2022 through 2028. ; (C) by striking paragraph (3); (D) by redesignating paragraphs (4) through (11) as paragraphs (3) through (10), respectively; (E) in subparagraph (E) of paragraph (4), as redesignated by subparagraph (D), by inserting , including a pre-apprenticeship program, after coursework ; (F) in subparagraph (B) of paragraph (8), as so redesignated— (i) in clause (i), by striking paragraph (1)(E) and inserting paragraph (1)(D) ; and (ii) in clause (ii), by striking paragraph (1)(F) and inserting paragraph (1)(E) ; and (G) in paragraph (9), as so redesignated— (i) in subparagraph (A), by striking paragraph (5)(A)(i) and inserting paragraph (4)(A)(i) ; and (ii) in subparagraph (B), by striking paragraph (5)(A)(ii) and inserting paragraph (4)(A)(ii) ; (2) in subsection (c)(3)(B), by striking , but may not exceed 104 weeks in any case ; (3) by striking subsection (e); (4) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (5) by adding at the end the following: (g) Reimbursement for out-of-Pocket training expenses \nIf the Secretary approves training for a worker under paragraph (1) of subsection (a), the Secretary may reimburse the worker for out-of-pocket expenses relating to training programs described in paragraph (4) of that subsection that were incurred by the worker on and after the date of the worker's total or partial separation and before the date on which the certification of eligibility under section 222 that covers the worker is issued. (h) Pre-Apprenticeship defined \nFor purposes of subsection (a)(4)(D), the term pre-apprenticeship , with respect to a program, means an initiative or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. )..", "id": "id161A772198344D9B80466EFAF3751D0D", "header": "Training for workers" }, { "text": "121. Agreements with States \n(a) Coordination \nSection 239(f) of the Trade Act of 1974 ( 19 U.S.C. 2311(f) ) is amended— (1) by striking (f) Any agreement and inserting the following: (f) (1) Any agreement ; and (2) by adding at the end the following: (2) Each cooperating State agency shall arrange for training programs to be carried out by entities that— (A) have a proven track record in achieving a satisfactory rate of completion and placement in jobs that provides a living wage, basic benefits that increase economic security, and develop the skills, networks, and experiences necessary to advance along a career path; (B) work to assist workers from underserved communities to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; (C) facilitate joint cooperation between representatives of workers, employers, and communities, especially in underserved rural and urban regions, to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses; and (D) have a proven track record in adequately serving individuals who face the greatest barriers to employment, including people with low incomes, people of color, immigrants, and formerly incarcerated individuals. (3) Each cooperating State agency shall seek, including through agreements and training programs described in this subsection, to ensure the reemployment of adversely affected workers upon completion of training as described in section 236.. (b) Administration \n(1) In general \nSection 239(g) of the Trade Act of 1974 ( 19 U.S.C. 2311(g) ) is amended— (A) by redesignating— (i) paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (ii) paragraph (5) as paragraph (8); (B) by inserting before paragraph (3), as redesignated by subparagraph (A), the following: (1) review each layoff of more than 5 workers in a firm to determine whether trade played a role in the layoff and whether workers in such firm are potentially eligible to receive benefits under this chapter, (2) perform outreach to firms to facilitate and assist with filing petitions under section 221 and collecting necessary supporting information, ; (C) in paragraph (3), as so redesignated, by striking who applies for unemployment insurance of and inserting identified under paragraph (1) of unemployment insurance benefits and ; (D) in paragraph (4), as so redesignated, by inserting and assist with after facilitate ; (E) in paragraph (6), as so redesignated, by striking and at the end; (F) by inserting after paragraph (6), as so redesignated, the following: (7) perform outreach to workers from underserved communities and to firms that employ a majority or a substantial percentage of workers from underserved communities and develop a plan, in consultation with the Secretary, for addressing common barriers to receiving services that such workers have faced, ; (G) in paragraph (8), as so redesignated, by striking funds provided to carry out this chapter are insufficient to make such services available, make arrangements to make such services available through other Federal programs. and inserting support services are needed beyond what may be provided under this chapter, make arrangements to coordinate such services available through other Federal programs; ; and (H) by adding at the end the following: (9) develop a strategy to engage with local workforce development institutions, including local community colleges and other educational institutions, and (10) develop a comprehensive strategy to provide agency staffing to support the requirements of paragraphs (1) through (9).. (2) Limitations on administrative expenses and employment and case management services \nSection 235A of the Trade Act of 1974 ( 19 U.S.C. 2295a ) is amended— (A) by striking Of the funds and inserting (a) In general.—Of the funds ; and (B) by adding at the end the following: (b) Clarification \nActivities described in paragraphs (1) through (9) of section 239(g) shall not be considered to be activities relating to the administration of the trade adjustment assistance for workers program for purposes of the limitation on administrative expenses under subsection (a)(1).. (c) Performance measures \nSection 239(j)(2) of the Trade Act of 1974 ( 19 U.S.C. 2311(j)(2) ) is amended— (1) by amending subparagraph (B) to read as follows: (B) Additional indicators and analytics \nThe Secretary and a cooperating State or cooperating State agency— (i) shall conduct a comparative analysis between the median earnings of workers described in subparagraph (A)(i)(I) and the distributions of earnings across the workforce in the affected economic region; and (ii) may agree upon additional indicators of performance for the trade adjustment assistance program under this chapter, as appropriate. ; and (2) by adding at the end the following: (C) Dashboard \nThe Secretary shall require each cooperating State and cooperating State agency to perform workforce analytics for the purpose of creating a dashboard that includes different measures of job quality for reemployment and training activities provided under this chapter.. (d) Staffing \nSection 239 of the Trade Act of 1974 ( 19 U.S.C. 2311 ) is amended by striking subsection (k) and inserting the following: (k) Staffing \nAn agreement entered into under this section shall provide that the cooperating State or cooperating State agency shall require that any individual engaged in functions to carry out the trade adjustment assistance program under this chapter shall be a State employee covered by a merit system of personnel administration..", "id": "H9821817F8E324DAFB0D12D198657E387", "header": "Agreements with States" }, { "text": "122. Eligibility criteria for reemployment trade adjustment assistance \n(a) In general \nSection 246(a) of the Trade Act of 1974 ( 19 U.S.C. 2318(a) ) is amended— (1) in paragraph (3)(B)(ii), by striking $50,000 and inserting $55,000 ; (2) in paragraph (4)(A), by striking the earlier of and all that follows and inserting the date on which the worker obtains reemployment described in paragraph (3)(B). ; and (3) by adding at the end the following: (8) Adjustment of salary limitation and total amount of payments for inflation \n(A) In general \nThe Secretary of Labor shall adjust the salary limitation under paragraph (3)(B)(ii) and the amount under paragraph (5)(B)(i) on October 1, 2021, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. (B) Special rules for calculation of adjustment \nIn making an adjustment under subparagraph (A), the Secretary— (i) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and (ii) may ignore any such increase of less than 1 percent. (C) Consumer Price Index defined \nFor purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.. (b) Pilot program for expanded eligibility \nSection 246 of the Trade Act of 1974 ( 19 U.S.C. 2318 ) is amended by adding at the end the following: (c) Pilot program for expanded eligibility \n(1) In general \nThe Secretary may establish a pilot program under which the Secretary may provide benefits under paragraph (2) of subsection (a) to workers younger than 50 years of age who otherwise meet the eligibility requirements set forth in paragraph (3) of that subsection. (2) Requirement \nThe Secretary may not provide to workers under paragraph (1) benefits that are reduced relative to the benefits received by other workers under this section. (3) Notification to Congress \nBefore implementing the pilot program under paragraph (1), the Secretary shall submit to Congress a report that includes a detailed plan for the program. (4) Termination \nThe pilot program under paragraph (1) shall terminate at such time as the Secretary considers appropriate. (5) Report required \nNot later than 90 days after the termination under paragraph (4) of the pilot program under paragraph (1), the Secretary shall submit to Congress a report on the outcomes for the workers who participated in the program..", "id": "id1462B1402F25407FA04CB4F1CAEE35F5", "header": "Eligibility criteria for reemployment trade adjustment assistance" }, { "text": "123. Subpoena power \nSection 249 of the Trade Act of 1974 ( 19 U.S.C. 2321 ) is amended— (1) in subsection (a), by adding at the end the following: That authority includes the authority of States to require, by subpoena, a firm to provide information on workers employed by, or totally or partially separated from, the firm that is necessary to make a determination under this chapter or to provide outreach to workers, including the names and address of workers. ; and (2) by adding at the end the following: (c) Enforcement of subpoenas by States \nA State may enforce compliance with a subpoena issued under subsection (a)— (1) as provided for under State law; and (2) by petitioning an appropriate United States district court for an order requiring compliance with the subpoena..", "id": "idA2C9E4600CFE4595B775EC249365349B", "header": "Subpoena power" }, { "text": "124. Data collection with respect to training \nSection 249B of the Trade Act of 1974 ( 19 U.S.C. 2323 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by adding at the end before the period the following: , and the relevant demographic information (including race, ethnicity, gender, income level, and age) regarding such workers ; (ii) in subparagraph (C)— (I) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and (II) by inserting before clause (ii), as so redesignated, the following: (i) the country or countries in which increased imports, shifts in production, and other bases of eligibilities under section 222 originated; ; (B) in paragraph (4)(B), by inserting training provider, after age, ; and (C) by adding at the end the following: (7) Data on individual petitions \n(A) In general \nThe following information with respect to each petition filed under this chapter: (i) The petition number. (ii) The names of the petitioner, firm, and certified or recognized union or other duly authorized representatives of the group of workers. (iii) The names of the city and State in which the firm is located. (iv) A description of the articles produced or services supplied by the firm. (v) The classification of the firm under the North American Industry Classification System or the Standard Industrial Classification. (vi) The relevant demographic information (including race, ethnicity, gender, income level, and age) regarding the workers. (vii) The determination of the Secretary to certify or deny the petition, including the basis for the determination. (viii) If the petition was certified— (I) the country or countries in which increased imports, shifts in production, or other bases of eligibilities under section 222 originated; and (II) the number of workers covered by the petition, the number of workers who received benefits, and the median earnings of workers upon completion of training or receiving other benefits under this chapter. (B) Format \nThe data collected and reported under this paragraph shall be made available to the public, in a searchable format by each type of information required by clauses (i) through (vii), with an option to receive search results in an electronic spreadsheet format. ; and (2) in subsection (d)— (A) in paragraph (2), by striking ; and and inserting a semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) information on compliance with section 239(g) and on the Secretary’s efforts to identify best practices and support the development of proactive outreach programs in each State; and.", "id": "H1121B11E2D9D49E0A575B3AACEE6C0EC", "header": "Data collection with respect to training" }, { "text": "131. Extension of trade adjustment assistance program \n(a) Repeal of termination provision \n(1) In general \nSection 285 of the Trade Act of 1974 ( 19 U.S.C. 2271 note) is repealed. (2) Clerical amendment \nThe table of contents for the Trade Act of 1974 is amended by striking the item relating to section 285. (b) Repeal of snapback provision \nSection 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 ( Public Law 114–27 ; 129 Stat. 379) is repealed. (c) Reemployment trade adjustment assistance \nSection 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) ) is amended by striking June 30, 2021 and inserting September 30, 2028. (d) Authorizations of appropriations \n(1) Trade adjustment assistance for workers \nSection 245(a) of the Trade Act of 1974 ( 19 U.S.C. 2317(a) ) is amended by striking June 30, 2021 and inserting September 30, 2028. (2) Trade adjustment assistance for firms \nSection 255(a) of the Trade Act of 1974 ( 19 U.S.C. 2345(a) ) is amended by striking 2021 and inserting 2028.", "id": "id80D55CC40F5C4A8CB5E53DF4AB49AA09", "header": "Extension of trade adjustment assistance program" }, { "text": "132. Applicability of trade adjustment assistance provisions \n(a) Workers certified before date of enactment \n(1) In general \nExcept as provided in paragraphs (2) and (3), a worker certified as eligible for adjustment assistance under section 222 of the Trade Act of 1974 before the date of the enactment of this Act shall be eligible, on and after such date of enactment, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment. (2) Computation of maximum benefits \nBenefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment. (3) Authority to make adjustments to benefits \nNotwithstanding any provision of chapter 2 of title II of the Trade Act of 1974, for the 90-day period beginning on the date of the enactment of this Act, the Secretary is authorized to make any adjustments to benefits to workers described in paragraph (1) that the Secretary determines to be necessary and appropriate in applying and administering the provisions of such chapter 2, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment, in a manner that ensures parity of treatment between the benefits of such workers and the benefits of workers certified after such date of enactment. (b) Workers not certified pursuant to certain petitions filed before date of enactment \n(1) Certifications of workers not certified before date of enactment \n(A) Criteria if a determination has not been made \nIf, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. (B) Reconsideration of denials of certifications \nIf, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall— (i) reconsider that determination; and (ii) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. (C) Petition described \nA petition described in this subparagraph is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2021, and before the date of the enactment of this Act. (2) Eligibility for benefits \n(A) In general \nExcept as provided in subparagraph (B), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in paragraph (1)(C) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment. (B) Computation of maximum benefits \nBenefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment.", "id": "id7AE4A798FC4249D7863236DC848ECB97", "header": "Applicability of trade adjustment assistance provisions" }, { "text": "133. Sense of Congress \nIt is the sense of Congress that, in administering the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ), a State should— (1) prioritize providing training that leads to employment outcomes that replace 100 percent of an adversely affected worker’s wages; and (2) steer workers toward training that leads to a livable wage and sustainable employment.", "id": "id432E004EC6104D5B9F1261F403AAFC2B", "header": "Sense of Congress" }, { "text": "201. Worker Adjustment and Retraining Notification Act \n(a) Availability of trade adjustment assistance \nSection 3(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(a) ) is amended— (1) in the first sentence— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (B) by striking An employer and inserting (1) An employer ; (2) in the second sentence, by striking If there and inserting the following: (2) If there ; and (3) by adding at the end the following: (3) If the plant closing or mass layoff involved is caused by conditions described in section 222(a)(2) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2) ), then, in serving notice under paragraph (1)(A), the employer shall include in the notice information on the availability of adjustment assistance under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ) for eligible workers.. (b) Notice requirements relating to shifts in production \nSection 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended— (1) in subsection (d), by striking (2) or (3) and inserting (4)(A) or (5) ; and (2) by adding at the end the following: (e) Statement relating to shifts in production of articles or supply of services \n(1) If the plant closing or mass layoff involved is caused by conditions described in section 222(a)(2)(B) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2)(B) ), then, in serving notice under subsection (a), the employer shall include in the notice a statement that the closing or layoff was so caused. (2) Each State that receives a notice under subsection (a) that includes a statement described in paragraph (1) shall notify the Secretary of that receipt, immediately file a petition under subsection (a)(1) of section 221 of the Trade Act of 1974 ( 19 U.S.C. 2271 ) on behalf of that group of workers, and act as the petitioner for that petition under this chapter. (3) If the Secretary receives a petition under paragraph (2) regarding a plant closing or mass layoff affecting a group of workers, the Secretary shall— (A) immediately initiate an investigation under subsection (a)(3) of that section 221; (B) immediately waive the requirements for a hearing under subsection (b) of that section 221; and (C) unless the Secretary issues a determination that includes substantial evidence that the petition has not met the requirements of paragraph (1) or (2)(B) of section 222(a) of the Trade Act of 1974 ( 19 U.S.C. 2272(a) ) within 20 days after receipt of the petition— (i) certify the group of workers under section 222 of that Act ( 19 U.S.C. 2272 ); or (ii) be considered to have issued such certification on the 21st day after receipt of the petition. (4) Even after the Secretary issues such a certification for a group of workers at a firm under paragraph (3)(C), the Secretary may conduct an investigation under subsection (a)(3) of that section 221 to identify additional groups of workers who may be eligible for benefits under this chapter. (f) Notification of downstream producers and suppliers \nOn certification of a group of workers as described in subsection (e)(3)(C), the Secretary, in conjunction with the State in which the site of employment involved is located, shall— (1) endeavor to identify downstream producers and suppliers as defined in section 222(c) of the Trade Act of 1974 ( 19 U.S.C. 2272(c) ) that are potentially impacted by the plant closing or mass layoff involved; (2) provide to such producers and suppliers— (A) concerning benefits available under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ), a description of the benefits, of the means for filing a petition and applying for such benefits, and of the availability of assistance in filing the petition; and (B) concerning benefits available under chapter 3 of that title ( 19 U.S.C. 2341 et seq. ), the description specified in subparagraph (A); and (3) direct the producers and suppliers to provide to their workers the description specified in paragraph (2)(A), concerning benefits described in paragraph (2)(A). (g) State transmittal of notices \nEach State that receives 1 or more notices described in subsection (a)(2) during a calendar quarter shall, not later than 10 days after the end of the quarter, transmit the notices to the Secretary.. (c) Administrative enforcement and database \nSection 5 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104 ) is amended— (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following: (b) Administrative enforcement \n(1) The Secretary may impose a fine on any employer who orders a plant closing or mass layoff in violation of section 3. (2) The Secretary shall deposit the fines in an account. Funds in the account shall be available to States, without appropriation, for an activity authorized under subchapter B of chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2291 et seq. ). (c) Database \n(1) In general \nThe Secretary shall establish and maintain a database, available to the public, of notices served under section 3(a). (2) Features \nIn carrying out paragraph (1), the Secretary shall ensure that all such notices are accessible and searchable by including in the database— (A) a link to the notices, or files containing the notices in portable document format; and (B) an interactive map and search tool that is capable of— (i) sorting the notices, by date and region of the plant closings and mass layoffs described in the notices; and (ii) enabling the user to locate plant closings and mass layoffs of various sizes, in terms of numbers of employees affected. (3) Other information \n(A) In general \nThe Secretary shall ensure that the database includes, for each such notice, information on the political subdivision, county, and local area where the plant closing or mass layoff takes place, the number of affected workers, the date of the notice, the date of the beginning of the plant closing or mass layoff, and the North American Industry Classification System code for the affected industry. (B) Definition \nIn this paragraph, the term local area has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).. (d) Report on plant closings and mass layoffs \nThe Worker Adjustment and Retraining Notification Act is amended by inserting after section 10 ( 29 U.S.C. 2109 ) the following: 10A. Report on plant closings and mass layoffs \nThe Secretary shall annually prepare, submit to Congress, and make available to the public, a report that specifies, for the year involved— (1) the number of plant closings and mass layoffs that occurred, for which employers were subject to the notification requirements of section 3; and (2) the number of such plant closings and mass layoffs for which employers met the requirements.. (e) Conforming amendments \n(1) Worker adjustment and retraining notification act \nSections 8(a) and 11 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2107(a) , 2101 note) are amended by striking of Labor. (2) Trade act of 1974 \nSection 223(a) of the Trade Act of 1974 ( 19 U.S.C. 2273(a) ) is amended by inserting (except as provided in section 3(e)(3)(C) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(e)(3)(C) )) after 40 days.", "id": "id0EBE4BF50051496EB1BA5D2CFC40305C", "header": "Worker Adjustment and Retraining Notification Act" }, { "text": "10A. Report on plant closings and mass layoffs \nThe Secretary shall annually prepare, submit to Congress, and make available to the public, a report that specifies, for the year involved— (1) the number of plant closings and mass layoffs that occurred, for which employers were subject to the notification requirements of section 3; and (2) the number of such plant closings and mass layoffs for which employers met the requirements.", "id": "idB6BA8245E3434F89A396FBB0CC7BC09C", "header": "Report on plant closings and mass layoffs" }, { "text": "301. Permanent credit for health insurance costs \n(a) In general \nSubparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking , and before January 1, 2022. (b) Increase in credit percentage \nSubsection (a) of section 35 of the Internal Revenue Code of 1986 is amended by striking 72.5 percent and inserting 80 percent. (c) Conforming amendments \nSubsections (b) and (e)(1) of section 7527 of the Internal Revenue Code of 1986 are each amended by striking 72.5 percent and inserting 80 percent. (d) Effective date \nThe amendments made by this section shall apply to coverage months beginning after December 31, 2021.", "id": "ided0243cb09864cfda0e9d5eea790eb42", "header": "Permanent credit for health insurance costs" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Grants to Rapidly Invest and Deploy Broadband Act of 2022 or the GRID Broadband Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. GRID broadband grants. Sec. 5. Grant requirements. Sec. 6. Project eligibility requirements. Sec. 7. Prohibition on use for covered communications equipment or services. Sec. 8. Grantee reporting requirements. Sec. 9. NTIA reporting requirements. Sec. 10. Technical support and assistance. Sec. 11. Staffing.", "id": "id905ec6bcb849480b8cd5339fc1ae8ff9", "header": "Short title; table of contents" }, { "text": "2. Purposes \nThe purposes of this Act are to— (1) provide resilient and redundant middle mile fiber optic infrastructure to provide more opportunity for last mile providers to connect to unserved locations and underserved locations in rural and remote areas and urban areas with high-quality, high-speed broadband; (2) enhance the resilience, reliability, and security of the electric grid in order to guarantee delivery of power to critical facilities and electricity-dependent essential services and reduce restoration time following power disturbances; (3) permanently reduce the cost of high-speed broadband across the United States, including for low-income households and small businesses; (4) expand interconnections and the communications capacity of the electric grid of the United States to facilitate deployment of more diverse and distributed generation resources and smart-grid technologies; (5) provide rural and remote areas and urban areas with new economic growth opportunities and ensure equal access to education, healthcare, telework, and e-commerce opportunities; and (6) leverage assets such as tower facilities, buildings, land, and rights-of-way to lower broadband buildout costs to encourage private-sector companies to expand affordable telecommunication offerings.", "id": "id4C994E8E3AFE426B8CB2A632BF5D16C5", "header": "Purposes" }, { "text": "3. Definitions \nIn this Act: (1) Assistant Secretary \nThe term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) Broadband; broadband service \nThe term broadband or broadband service has the meaning given the term broadband internet access service in section 8.1, title 47, Code of Federal Regulations, or any successor regulation. (3) Eligible entity \nThe term eligible entity means— (A) an electric grid operator; (B) a transmission owner or operator; (C) a Transmission Organization (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )); (D) a Federal power marketing administration; (E) an electric utility owned or operated by a Native entity; and (F) a rural or municipal utility. (4) GRID broadband grant \nThe term GRID broadband grant means a grant awarded under section 4. (5) Interconnection \nThe term interconnection means— (A) the physical linking of 2 or more broadband networks for the mutual exchange of traffic on terms and conditions that, where technically feasible without exceeding current (as of the time of receipt of a GRID broadband grant) or reasonably anticipated capacity limitations, are technology-neutral and non-discriminatory; and (B) the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis. (6) Last mile broadband infrastructure \nThe term last mile broadband infrastructure means broadband infrastructure that— (A) connects directly to an end-user location; and (B) is capable of delivering— (i) a speed of not less than 100 megabits per second for downloads; (ii) a speed of not less than 20 megabits per second for uploads; and (iii) latency less than or equal to 100 milliseconds. (7) Last mile provider \nThe term last mile provider means an entity connecting middle mile infrastructure to last mile networks in order to provide retail broadband service, including— (A) an internet service provider; (B) a telecommunications cooperative or other cooperative; (C) a regional planning council; (D) a not-for-profit foundation, corporation, institution, or association; (E) a public power utility or a rural electric cooperative; (F) a Native entity; and (G) a municipality, Tribal government, or other local government. (8) Low-income household \nThe term low-income household means a household whose income is not greater than 200 percent of the Federal Poverty Guidelines for a household of that size. (9) Middle mile infrastructure \nThe term middle mile infrastructure — (A) means any fiber optic broadband infrastructure that does not connect directly to an end-user location or a retail customer; and (B) includes leased dark fiber, interoffice transport, backhaul, carrier-neutral internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services. (10) Native entity \nThe term Native entity has the meaning given the term in section 60401 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1741 ). (11) Program \nThe term Program means the GRID Broadband Facilitation Program established under section 4. (12) Rural and remote area \nThe term rural and remote area means a political subdivision of a State or an unincorporated area that has a population of not more than 10,000 inhabitants. (13) Rural or municipal utility \nThe term rural or municipal utility means— (A) a rural electric cooperative; (B) a utility owned by a political subdivision of a State, such as a municipally owned electricity utility; (C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State; (D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); (E) a utility owned by a Native entity; and (F) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year. (14) Secretary \nThe term Secretary means the Secretary of Energy. (15) Underserved location \nThe term underserved location means a broadband-serviceable location that— (A) is not an unserved location; and (B) lacks access to broadband service offered with— (i) a speed of not less than— (I) 100 megabits per second for downloads; and (II) 20 megabits per second for uploads; and (ii) a latency and jitter sufficient to support real-time, interactive applications. (16) Unserved location \nThe term unserved location means a broadband-serviceable location that— (A) has no access to broadband service; or (B) lacks access to broadband service offered with— (i) a speed of not less than— (I) 25 megabits per second for downloads; and (II) 3 megabits per second for uploads; and (ii) a latency and jitter sufficient to support real-time, interactive applications. (17) Urban area \nThe term urban area has the meaning given the term by the Bureau of the Census in the notice of final program criteria entitled Urban Area Criteria for the 2020 Census–Final Criteria , published in the Federal Register on March 24, 2022 (87 Fed. Reg. 16706), or any successor to that notice.", "id": "id1b9751377867401cba87ddeffb954084", "header": "Definitions" }, { "text": "4. GRID broadband grants \n(a) In general \nThe Assistant Secretary shall establish a program, in consultation with the Secretary, and subject to subsection (c), to be known as the GRID Broadband Facilitation Program , under which the Assistant Secretary makes grants to eligible entities to facilitate— (1) the construction of fiber optic communications infrastructure with sufficient capacity to serve as middle mile infrastructure; (2) the enhancement or expansion of existing (as of the date of the grant award) fiber optics communications infrastructure for the purpose of serving as middle mile infrastructure; (3) the use of lit or dark fiber to increase broadband capability or capacity; or (4) the acquisition or installation of the equipment and other resources necessary for interconnection of middle mile infrastructure with last mile broadband infrastructure to allow for the exchange of internet traffic between networks. (b) Applications for grants \n(1) In general \nThe Assistant Secretary shall establish an application process for GRID broadband grants. (2) Selection priority \nIn selecting projects for which to provide GRID broadband grants, the Assistant Secretary shall give priority to projects that meet criteria described in paragraph (3). (3) Priority criteria \nThe criteria described in this paragraph are that a project— (A) leverages existing (as of the date of the grant award) rights-of-way, easements, assets, and infrastructure to minimize financial, regulatory, and permitting barriers; (B) is located in a State or political subdivision of a State, or within a Tribal jurisdiction, that allows rights-of-way, easements, and cost recovery for constructing and operating middle mile infrastructure by eligible entities; (C) is used to connect or construct middle mile infrastructure on trust land (as defined in section 3765 of title 38, United States Code) that is owned by, or held in trust for the benefit of, as applicable, a Native entity; (D) aligns with broadband access goals established by States, Tribal governments, and localities; (E) is most likely to expeditiously provide affordable broadband service to areas with unserved locations and underserved locations; (F) is most likely to expeditiously provide affordable broadband service to urban areas that have a demonstrated lack of internet usage and access; (G) has partnerships with last mile providers who commit to provide broadband through their last mile infrastructure that— (i) meets the threshold speeds and capabilities for broadband to no longer declare a location an unserved location or underserved location; and (ii) ensures that the networks built by the project are easily scalable to— (I) meet the evolving connectivity needs of households and businesses; and (II) support the deployment of 5G, successor wireless technologies, and other advanced services; (H) helps provide affordable gigabit upload and download speeds to community institutions such as a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity; (I) contributes to broadband resilience and minimizes the occurrence and duration of outages through the creation of alternative network connection paths designed to prevent single points of failure on a broadband network; (J) would accelerate the rate and scope of deployment of 5G infrastructure, successor wireless technologies, and other advanced services; (K) reduces the natural and man-made threats to the telecommunication and electricity networks of the United States that are identified in the North American Energy Resilience Model, as determined in consultation with the Secretary; (L) supports the security of the electric grid by installing a private, closed-loop communications network for grid operators; (M) helps provide monitoring of threats to the electric grid, including with respect to purposeful physical attacks, extreme weather impacts, and wildfire detection; (N) demonstrates the ability to improve critical services to communities such as healthcare, communications for first responders, fire, and safety management, and seismic early warning systems; (O) enhances the ability to sense and monitor power characteristics in near-real time in order to— (i) optimize electric grid operations; and (ii) manage the integration of more distributed resources and intermittent renewable power sources; or (P) will provide significant non-Federal matching funds or other monetary or in-kind consideration. (c) Implementation timeline \nNot later than 180 days after the date of enactment of this Act, the Assistant Secretary shall— (1) issue a notice inviting eligible entities to submit applications for GRID broadband grants, which shall contain details about how awarding decisions will be made; and (2) outline— (A) the requirements for applications for GRID broadband grants; and (B) the allowed uses of GRID broadband grant funds. (d) Interconnection and oversight \n(1) Interconnection \n(A) In general \nAn eligible entity that receives a GRID broadband grant shall offer, for the life of the project, interconnection directly, or indirectly through another entity— (i) to any last mile provider making a bona fide request for available capacity pursuant to a sustainable business plan that meets 1 or more of the priority criteria described in subsection (b)(3); and (ii) on reasonable rates and terms to be negotiated with requesting parties. (B) Nature of interconnection \nThe interconnection required to be offered under subparagraph (A) includes— (i) the ability to connect to the public internet; and (ii) physical interconnection for the exchange of traffic with last mile interconnection. (2) Oversight \nThe Assistant Secretary shall— (A) in consultation with the Secretary, oversee interconnection agreements between recipients of GRID broadband grants and last mile providers seeking to interconnect with— (i) the middle mile infrastructure deployed using GRID broadband grants; and (ii) other middle mile infrastructure owned or operated by eligible entities; and (B) review the interconnection terms and conditions proposed by an eligible entity to ensure that the terms and conditions— (i) provide for reasonable cost recovery by the eligible entity; and (ii) in the case of a recipient of a GRID broadband grant that qualifies under subsection (j) or (k) of section 5— (I) help decrease the cost for resulting last mile broadband service to consumers; and (II) include affordable options for low-income households. (e) Impact on other Federal broadband programs \nThe use of GRID broadband grant funds by an eligible entity, or partner of an eligible entity, shall not impact the eligibility of, or otherwise disadvantage, the eligible entity or partner with respect to participation in any other Federal broadband program. (f) Prohibition on overbuilding \nThe Assistant Secretary shall ensure that GRID broadband grant funds are not used to duplicate existing or planned last mile broadband infrastructure.", "id": "idd40e4e0cd7cf40399a2616a819d89bbf", "header": "GRID broadband grants" }, { "text": "5. Grant requirements \n(a) Open competition \nThe Assistant Secretary shall assess applications for GRID broadband grants on a competitive basis. (b) Competence \nThe Assistant Secretary shall include in the application process established under section 4(b)(1) a requirement that an eligible entity can demonstrate that the entity— (1) is capable of carrying out a proposed project in a competent manner, including by demonstrating that the entity has the financial, technical, and operational capability to— (A) carry out the proposed project consistent with the proposed milestones and budget; and (B) ensure the long-term operation and maintenance of the resulting fiber optics facilities, including middle mile broadband infrastructure; and (2) has the capability to enter into interconnection agreements with last mile providers to provide broadband service. (c) Network impact assessment \nAny applicant for a GRID broadband grant shall disclose the applicant’s proposed interconnection, nondiscrimination, and network management practices. (d) Timeline \nSubject to subsection (e), to be eligible to obtain a GRID broadband grant, an eligible entity shall agree, in the application submitted through the process established under section 4(b)(1), to complete buildout of the middle mile infrastructure described in the application by not later than 3 years after the date on which amounts from the grant are made available to the entity. (e) Interim buildout requirements \nThe Assistant Secretary shall establish interim buildout requirements with milestones for reporting for each eligible entity that receives a GRID broadband grant. (f) Extensions \nAt the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under subsection (d) and modify any interim buildout requirements established under subsection (e) as necessary, if the eligible entity certifies that— (1) the project to build out middle mile infrastructure is underway; and (2) extenuating circumstances require an extension of time to allow completion of the project. (g) Performance \nThe Assistant Secretary may, in addition to other authority under applicable law, and as defined in advance by the Assistant Secretary— (1) deobligate awards to recipients of GRID broadband grants that demonstrate an insufficient level of performance, or wasteful or fraudulent spending; and (2) competitively award funds deobligated under paragraph (1) to new or existing (as of the time of the deobligation) applicants for GRID broadband grants consistent with this Act. (h) Penalties \nThe Assistant Secretary may, in addition to other authority under applicable law, and as defined in advance by the Assistant Secretary, establish a penalty regime, which may include rescission of funds, for recipients of GRID broadband grants that do not meet the requirements of this Act. (i) Cost sharing \n(1) 50 percent match required \nExcept as provided in paragraphs (2) and (3), an application for a GRID broadband grant shall demonstrate the ability to provide supplemental investments or in-kind support valued at not less than 50 percent of the amount of the proposed grant. (2) 20 percent match required \nParagraph (1) shall be applied by substituting 20 percent for 50 percent if the applicant— (A) is a Federal power marketing administration; (B) is a Native entity; or (C) qualifies under subsection (j) or (k). (3) No match required \nParagraph (1) shall not apply if an applicant petitions the Assistant Secretary for a waiver and the Assistant Secretary determines that the petition demonstrates financial need or meets another public interest. (j) Rural service for unserved locations and underserved locations \nIf a recipient of a GRID broadband grant is a rural or municipal utility, or an electric utility owned or operated by a Native entity, seeking to provide broadband service that is affordable and accessible to unserved locations and underserved locations in a rural and remote area, the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure, by the recipient or in partnership with a last mile provider, to meet market demand in that area. (k) Urban service for populations without access \nNotwithstanding section 4(f), if a recipient of a GRID broadband grant is a rural or municipal utility, or an electric utility owned or operated by a Native entity, seeking to provide broadband service that is affordable and accessible to populations in urban areas where it has been shown that cost is a barrier to internet connectivity, the recipient may use a portion of the grant funds to support construction of last mile broadband infrastructure, by the recipient or in partnership with a last mile provider, to meet market demand in that area. (l) Deobligation of awards \nThe Assistant Secretary— (1) shall establish appropriate mechanisms to ensure appropriate use of funds made available under this section; and (2) may, in addition to other authority under applicable law— (A) deobligate grant funds awarded to an eligible entity that— (i) is unable to fulfill the requirements of subsection (b); or (ii) demonstrates an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary; and (B) award grant funds that are deobligated under subparagraph (A) to new or existing applicants consistent with this section. (m) Regulations \nThe Assistant Secretary may issue such regulations or other guidance, forms, instructions, or publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this Act, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. (n) No regulation of rates permitted \nNothing in this Act may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service.", "id": "id457dfefc0689486ca5c26c9789126f04", "header": "Grant requirements" }, { "text": "6. Project eligibility requirements \nAn eligible entity may not receive a GRID broadband grant unless, at the time of the application for the grant, the Assistant Secretary, in consultation with the Secretary, determines that— (1) the project would improve national security by— (A) helping harden the electric grid of the United States against cyberattacks and other threats; and (B) reducing the likelihood of electricity outages at Federal properties dedicated to national security; and (2) the proposed middle mile infrastructure will be capable of supporting the provision of broadband service by a last mile provider, either directly or indirectly through terrestrial or wireless service.", "id": "id7de22b44eec84e23b39b006d079edb36", "header": "Project eligibility requirements" }, { "text": "7. Prohibition on use for covered communications equipment or services \nAn eligible entity or partner of an eligible entity may not use GRID broadband grant funds to purchase or support any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ).", "id": "id1225926581db497aae8e51ae8321aec6", "header": "Prohibition on use for covered communications equipment or services" }, { "text": "8. Grantee reporting requirements \n(a) In general \nAn eligible entity that receives a GRID broadband grant shall submit to the Assistant Secretary a biannual report for the life of the project, in a format specified by the Assistant Secretary, that— (1) describes the entity’s— (A) use of the grant and progress in fulfilling the objectives for which the grant funds were awarded, including meeting any requirements established by the Assistant Secretary under section 5(l); and (B) interconnection agreements with last mile providers, including how those agreements are— (i) increasing the availability of high-speed, high-quality broadband in unserved locations and underserved locations; (ii) ensuring compliance with section 4(d)(1)(A) (relating to open access); and (iii) making broadband service more affordable for consumers; and (2) includes any other information required by the Assistant Secretary. (b) Publication \nThe Assistant Secretary shall make each report submitted under subsection (a) available to the public.", "id": "id79ae68ff6a2f47fd9e5805b612dde71e", "header": "Grantee reporting requirements" }, { "text": "9. NTIA reporting requirements \n(a) Public disclosure \nThe Assistant Secretary shall create and maintain a fully searchable online database that contains— (1) a list of each eligible entity that has applied for a GRID broadband grant and any last mile provider with which the entity has partnered or has proposed to partner; (2) a description of each application described in paragraph (1); (3) the status of each application described in paragraph (1); (4) the name of each eligible entity that has received a GRID broadband grant; (5) the purpose for which an eligible entity described in paragraph (4) received the grant; (6) each biannual report submitted by an eligible entity under section 8(a); and (7) any other information necessary to allow the public to understand and monitor GRID broadband grants awarded by the Assistant Secretary. (b) Protection of certain information \nThe Assistant Secretary may not include in the database created under subsection (a) any— (1) proprietary information; (2) information the disclosure of which the Assistant Secretary, in consultation with the Secretary, determines would pose a threat to national security; or (3) information relating Native American natural, cultural, and historical resources identified as confidential by a Native entity, which shall also be exempt from the disclosure requirements under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (c) Monitoring \nThe Assistant Secretary shall set up sufficient mechanisms to monitor the progress of projects funded by GRID broadband grants, including audits and on-site investigations. (d) Internet disclosure \nThe Assistant Secretary shall, on the searchable database created under section 60102(g)(3)(C) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1702(g)(3)(C) ), provide information sufficient to allow the public to understand and monitor projects funded by GRID broadband grants.", "id": "id84e09244d4a048e9899cc572fc9e6892", "header": "NTIA reporting requirements" }, { "text": "10. Technical support and assistance \n(a) Program assistance \nAs part of the Program, the Assistant Secretary, in consultation with the Secretary, shall provide technical support and assistance to eligible entities to facilitate their participation in the Program. (b) Technical experts \nThe Assistant Secretary, in consultation with the Secretary, shall convene a committee of technical experts to advise the Assistant Secretary on the development and implementation of the Program.", "id": "id2cabf8e75618426bb7e94b1db04128ae", "header": "Technical support and assistance" }, { "text": "11. Staffing \nThe Assistant Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of that subchapter), qualified candidates to any position necessary to administer the Program.", "id": "id702e9cd4435248d6ae9c88690c71d779", "header": "Staffing" } ]

[ { "text": "1. Short title \nThis Act may be cited as the RECA Extension Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Reauthorization of the Radiation Exposure Compensation Act \n(a) In general \nSection 3(d) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended— (1) by striking the first sentence and inserting The Fund shall terminate on the date that is 2 years after the date of enactment of the RECA Extension Act of 2022. ; and (2) by striking 22-year period and inserting 2-year period. (b) Limitation on claims \nSection 8(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended by striking within 22 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000 and inserting not later than 2 years after the date of enactment of the RECA Extension Act of 2022.", "id": "id4A3C639A17E34E5FAC60BD0CAA78F9D0", "header": "Reauthorization of the Radiation Exposure Compensation Act" } ]

[ { "text": "1. Short title \nThis Act may be cited as the RECA Extension Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Reauthorization of the Radiation Exposure Compensation Act \n(a) In general \nSection 3(d) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended— (1) by striking the first sentence and inserting The Fund shall terminate on the date that is 2 years after the date of enactment of the RECA Extension Act of 2022. ; and (2) by striking 22-year period and inserting 2-year period. (b) Limitation on claims \nSection 8(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended by striking within 22 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000 and inserting not later than 2 years after the date of enactment of the RECA Extension Act of 2022.", "id": "id4A3C639A17E34E5FAC60BD0CAA78F9D0", "header": "Reauthorization of the Radiation Exposure Compensation Act" } ]

[ { "text": "1. Short title \nThis Act may be cited as the RECA Extension Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Reauthorization of the Radiation Exposure Compensation Act \n(a) In general \nSection 3(d) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended— (1) by striking the first sentence and inserting The Fund shall terminate on the date that is 2 years after the date of enactment of the RECA Extension Act of 2022. ; and (2) by striking 22-year period and inserting 2-year period. (b) Limitation on claims \nSection 8(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note) is amended by striking within 22 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2000 and inserting not later than 2 years after the date of enactment of the RECA Extension Act of 2022.", "id": "id4A3C639A17E34E5FAC60BD0CAA78F9D0", "header": "Reauthorization of the Radiation Exposure Compensation Act" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Health Care Capacity for Pediatric Mental Health Act of 2022.", "id": "H5A2DD4C82CD9475B8A5439E495ABA7FB", "header": "Short title" }, { "text": "2. Programs to support pediatric mental, emotional, behavioral, and substance use disorder health care \nSubpart V of part D of title III of the Public Health Service Act ( 42 U.S.C. 256 et seq. ) is amended by adding at the end the following: 340A–1. Program to support pediatric mental, emotional, behavioral, and substance use disorder health care integration and coordination \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, contracts, or cooperative agreements to eligible entities for the purpose of supporting pediatric mental, emotional, behavioral, and substance use disorder health care integration and coordination to meet local community needs in underserved and high-need communities. (b) Eligible entities \nEntities eligible for grants under subsection (a) include— (1) children’s hospitals; (2) facilities that provide trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings; and (3) other entities providing trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services, as the Secretary determines appropriate. (c) Prioritization \nIn making awards under subsection (a), the Secretary shall prioritize— (1) applicants that demonstrate plans to utilize funds to expand access to integrated care and care coordination for the prevention, screening, assessment, and treatment of pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders in high-need, rural, or underserved communities; (2) applicants that demonstrate plans to coordinate with and complement initiatives to improve pediatric mental health and substance use disorder care implemented through other Federal programs; and (3) applicants that demonstrate a significant role in care for children in the region. (d) Use of funds \nActivities that may be funded through an award under subsection (a) include— (1) increasing the capacity of eligible entities to integrate trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, and substance use disorder health services, including through telehealth access to, and co-location of, mental, emotional, behavioral, and substance use disorder health providers; (2) facilitating access to trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings, in order to prevent hospitalizations and support children as they transition back to their homes and communities; (3) supporting the collection of data on pediatric mental, emotional, behavioral, and substance use disorder health care needs, service utilization and availability, and demographic data, to identify unmet needs and barriers in access to care, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws; (4) establishing or maintaining community-based pediatric mental health and substance use disorder partnerships, such as partnerships with schools, early childhood education programs, community-based organizations, and community-based mental health and substance use disorder care providers, to address identified gaps in access to care; and (5) training for non-clinical pediatric health care workers, including care coordinators, community health workers, and navigators, on providing trauma-informed, culturally-sensitive, developmentally-appropriate care for pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders, and on local resources to support children and their caregivers. (e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027. 340A–2. Pediatric mental, emotional, behavioral, and substance use disorder health workforce training program \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Centers for Medicare & Medicaid Services, shall award grants, contracts, or cooperative agreements to eligible entities for the purpose of supporting evidence-based pediatric mental, emotional, behavioral, and substance use disorder health workforce training. (b) Eligible entities \nEntities eligible for grants under subsection (a) include— (1) children’s hospitals; (2) facilities that provide trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings, that can prevent hospitalizations and support children as they transition back to their homes and communities; and (3) other entities providing trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services, as the Secretary determines appropriate. (c) Prioritization \nIn making awards under subsection (a), the Secretary shall prioritize applicants that serve high-need, rural, or underserved communities, and that demonstrate plans to utilize funds to expand access to prevention, screening, assessment, and treatment of pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders. (d) Use of funds \nActivities that may be supported through an award under subsection (a) include expanded training to enhance the capabilities of the existing workforce, including primary care providers, pediatricians, psychiatrists, psychologists, nurses, social workers, counselors, and other health care providers, as the Secretary determines appropriate, to provide trauma-informed, culturally-sensitive, developmentally-appropriate care for pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders. (e) Reporting \n(1) Reports from award recipients \nNot later than 180 days after the completion of activities funded by an award under this section, the entity that received such award shall submit a report to the Secretary on the activities conducted using funds from such award, and other information as the Secretary may require. (2) Reports to Congress \nNot later than 180 days after receiving reports from all award recipients, 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 on the projects and activities conducted with funds awarded under this section, and the outcome of such projects and activities. Such report shall include— (A) the number of projects supported by awards made under this section; (B) an overview of the impact, if any, of such projects on access to pediatric mental, emotional, behavioral, and substance use disorder health services; (C) recommendations for improving the investment program under this section; and (D) any other considerations as the Secretary determines appropriate. (f) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027..", "id": "H240086E495A0476093000C4D0CA4A098", "header": "Programs to support pediatric mental, emotional, behavioral, and substance use disorder health care" }, { "text": "340A–1. Program to support pediatric mental, emotional, behavioral, and substance use disorder health care integration and coordination \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, contracts, or cooperative agreements to eligible entities for the purpose of supporting pediatric mental, emotional, behavioral, and substance use disorder health care integration and coordination to meet local community needs in underserved and high-need communities. (b) Eligible entities \nEntities eligible for grants under subsection (a) include— (1) children’s hospitals; (2) facilities that provide trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings; and (3) other entities providing trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services, as the Secretary determines appropriate. (c) Prioritization \nIn making awards under subsection (a), the Secretary shall prioritize— (1) applicants that demonstrate plans to utilize funds to expand access to integrated care and care coordination for the prevention, screening, assessment, and treatment of pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders in high-need, rural, or underserved communities; (2) applicants that demonstrate plans to coordinate with and complement initiatives to improve pediatric mental health and substance use disorder care implemented through other Federal programs; and (3) applicants that demonstrate a significant role in care for children in the region. (d) Use of funds \nActivities that may be funded through an award under subsection (a) include— (1) increasing the capacity of eligible entities to integrate trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, and substance use disorder health services, including through telehealth access to, and co-location of, mental, emotional, behavioral, and substance use disorder health providers; (2) facilitating access to trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings, in order to prevent hospitalizations and support children as they transition back to their homes and communities; (3) supporting the collection of data on pediatric mental, emotional, behavioral, and substance use disorder health care needs, service utilization and availability, and demographic data, to identify unmet needs and barriers in access to care, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws; (4) establishing or maintaining community-based pediatric mental health and substance use disorder partnerships, such as partnerships with schools, early childhood education programs, community-based organizations, and community-based mental health and substance use disorder care providers, to address identified gaps in access to care; and (5) training for non-clinical pediatric health care workers, including care coordinators, community health workers, and navigators, on providing trauma-informed, culturally-sensitive, developmentally-appropriate care for pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders, and on local resources to support children and their caregivers. (e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.", "id": "H981F7413F0E14D4BB9F8B380C5B2CE4D", "header": "Program to support pediatric mental, emotional, behavioral, and substance use disorder health care integration and coordination" }, { "text": "340A–2. Pediatric mental, emotional, behavioral, and substance use disorder health workforce training program \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Centers for Medicare & Medicaid Services, shall award grants, contracts, or cooperative agreements to eligible entities for the purpose of supporting evidence-based pediatric mental, emotional, behavioral, and substance use disorder health workforce training. (b) Eligible entities \nEntities eligible for grants under subsection (a) include— (1) children’s hospitals; (2) facilities that provide trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings, that can prevent hospitalizations and support children as they transition back to their homes and communities; and (3) other entities providing trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services, as the Secretary determines appropriate. (c) Prioritization \nIn making awards under subsection (a), the Secretary shall prioritize applicants that serve high-need, rural, or underserved communities, and that demonstrate plans to utilize funds to expand access to prevention, screening, assessment, and treatment of pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders. (d) Use of funds \nActivities that may be supported through an award under subsection (a) include expanded training to enhance the capabilities of the existing workforce, including primary care providers, pediatricians, psychiatrists, psychologists, nurses, social workers, counselors, and other health care providers, as the Secretary determines appropriate, to provide trauma-informed, culturally-sensitive, developmentally-appropriate care for pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders. (e) Reporting \n(1) Reports from award recipients \nNot later than 180 days after the completion of activities funded by an award under this section, the entity that received such award shall submit a report to the Secretary on the activities conducted using funds from such award, and other information as the Secretary may require. (2) Reports to Congress \nNot later than 180 days after receiving reports from all award recipients, 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 on the projects and activities conducted with funds awarded under this section, and the outcome of such projects and activities. Such report shall include— (A) the number of projects supported by awards made under this section; (B) an overview of the impact, if any, of such projects on access to pediatric mental, emotional, behavioral, and substance use disorder health services; (C) recommendations for improving the investment program under this section; and (D) any other considerations as the Secretary determines appropriate. (f) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.", "id": "H4684613A29CD4BE8AB67DC0AE2A175FF", "header": "Pediatric mental, emotional, behavioral, and substance use disorder health workforce training program" }, { "text": "3. Increasing Federal investment in pediatric mental, emotional, behavioral, and substance use disorder health services \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV Assistance for modernization of pediatric mental, emotional, behavioral, and substance use disorder health care infrastructure \n3401. Increasing Federal investment in pediatric mental, emotional, behavioral, and substance use disorder health services \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, contracts, or cooperative agreements to eligible entities for the purpose of improving their ability to provide trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, and substance use disorder health services, including by— (1) constructing or modernizing sites of care for trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, and substance use disorder health services; (2) expanding capacity to provide trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, or substance use disorder health services, including enhancements to digital infrastructure, telehealth capabilities, or other improvements to patient care infrastructure; and (3) supporting the reallocation of existing resources to accommodate pediatric mental, emotional, and behavioral health and substance use disorder patients, including by converting or adding sufficient capacity to establish or increase the entity’s inventory of licensed and operational, trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, and substance use disorder health care programs, such as partial hospital, day treatment, intensive outpatient programs, or walk-in crisis assessment programs, in order to prevent hospitalizations and support children as they transition back to their homes and communities. (b) Eligible entities \nEntities eligible for grants under subsection (a) include— (1) children’s hospitals; (2) facilities that provide trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings, that can prevent hospitalizations and support children as they transition back to their homes and communities; and (3) other entities providing trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services, as the Secretary determines appropriate. (c) Prioritization \nIn making awards under subsection (a), the Secretary shall prioritize applicants that serve high-need, rural, or underserved communities, and that demonstrate plans to utilize funds to expand access to prevention, screening, assessment, and treatment of pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders. (d) Supplement, not supplant \nFunds provided under this section shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (e) Reporting \n(1) Reports from award recipients \nNot later than 180 days after the completion of activities funded by an award under this section, the entity that received such award shall submit a report to the Secretary on the activities conducted using funds from such award, and other information as the Secretary may require. (2) Reports to Congress \nNot later than 180 days after receiving reports from all award recipients under paragraph (1), 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 on the projects and activities conducted with funds awarded under this section, and the outcome of such projects and activities. Such report shall include— (A) the number of projects supported by awards made under this section; (B) an overview of the impact, if any, of such projects on pediatric health care infrastructure, including any impact on access to pediatric mental, emotional, behavioral, and substance use disorder health services; (C) recommendations for improving the investment program under this section; and (D) any other considerations as the Secretary determines appropriate. (f) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027..", "id": "HF2D2059362414D398BFB4CA5EF287B14", "header": "Increasing Federal investment in pediatric mental, emotional, behavioral, and substance use disorder health services" }, { "text": "3401. Increasing Federal investment in pediatric mental, emotional, behavioral, and substance use disorder health services \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Assistant Secretary for Mental Health and Substance Use, shall award grants, contracts, or cooperative agreements to eligible entities for the purpose of improving their ability to provide trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, and substance use disorder health services, including by— (1) constructing or modernizing sites of care for trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, and substance use disorder health services; (2) expanding capacity to provide trauma-informed, culturally-sensitive, developmentally-appropriate pediatric mental, emotional, behavioral, or substance use disorder health services, including enhancements to digital infrastructure, telehealth capabilities, or other improvements to patient care infrastructure; and (3) supporting the reallocation of existing resources to accommodate pediatric mental, emotional, and behavioral health and substance use disorder patients, including by converting or adding sufficient capacity to establish or increase the entity’s inventory of licensed and operational, trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, and substance use disorder health care programs, such as partial hospital, day treatment, intensive outpatient programs, or walk-in crisis assessment programs, in order to prevent hospitalizations and support children as they transition back to their homes and communities. (b) Eligible entities \nEntities eligible for grants under subsection (a) include— (1) children’s hospitals; (2) facilities that provide trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services in partial hospital, day treatment, intensive outpatient program, or walk-in crisis assessment program settings, that can prevent hospitalizations and support children as they transition back to their homes and communities; and (3) other entities providing trauma-informed, culturally-sensitive, developmentally-appropriate intensive pediatric mental, emotional, behavioral, or substance use disorder health services, as the Secretary determines appropriate. (c) Prioritization \nIn making awards under subsection (a), the Secretary shall prioritize applicants that serve high-need, rural, or underserved communities, and that demonstrate plans to utilize funds to expand access to prevention, screening, assessment, and treatment of pediatric mental health disorders, eating disorders, developmental disorders, and substance use disorders. (d) Supplement, not supplant \nFunds provided under this section shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (e) Reporting \n(1) Reports from award recipients \nNot later than 180 days after the completion of activities funded by an award under this section, the entity that received such award shall submit a report to the Secretary on the activities conducted using funds from such award, and other information as the Secretary may require. (2) Reports to Congress \nNot later than 180 days after receiving reports from all award recipients under paragraph (1), 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 on the projects and activities conducted with funds awarded under this section, and the outcome of such projects and activities. Such report shall include— (A) the number of projects supported by awards made under this section; (B) an overview of the impact, if any, of such projects on pediatric health care infrastructure, including any impact on access to pediatric mental, emotional, behavioral, and substance use disorder health services; (C) recommendations for improving the investment program under this section; and (D) any other considerations as the Secretary determines appropriate. (f) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.", "id": "HA24860CAA4F640E3A31D8B4EE44615DC", "header": "Increasing Federal investment in pediatric mental, emotional, behavioral, and substance use disorder health services" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Improving Diagnosis in Medicine Act of 2022.", "id": "H9733549A1B6040FF8B18FFCC69C28F92", "header": "Short title" }, { "text": "2. Research program to improve diagnostic safety and quality \nPart B of title IX of the Public Health Service Act ( 42 U.S.C. 299b et seq. ) is amended by adding at the end the following: 918. Research program to improve diagnostic safety and quality \n(a) In general \nThe Director shall establish a comprehensive program of research and quality improvement to— (1) assess and understand diagnostic errors, including diagnostic delays, and how to eliminate common failures in the diagnostic process that lead to significant patient harm; and (2) identify, develop, implement, and disseminate evidence-based strategies and best practices for improving diagnostic quality, safety, and health care value. (b) Activities \nThe program established under subsection (a) shall include the following: (1) Continuum of research \nA portfolio of conducted and supported activities that is consistent with the general, research, implementation, and dissemination activities of the Center for Quality Improvement and Patient Safety, as described in section 933, including— (A) investigator-initiated research to assess diagnostic errors and identify improved methods to prevent errors and the harm they cause; (B) translation and synthesis of research findings and development of tools for implementing prevention strategies into practice; (C) implementation research to refine evidence-based tools for improving diagnostic processes and effectively integrate these solutions into practice; and (D) dissemination to promote implementation of effective methods, strategies and tools for wide-scale improvement. (2) Research centers of diagnostic excellence \nConsistent with section 911(b), such Centers shall link research directly with clinical practice in geographically diverse locations throughout the United States, and may include— (A) academic medical and institutional research centers that combine demonstrated multidisciplinary expertise in diagnostic outcomes or quality improvement research with linkages directly or through national, state or local stakeholder partner organizations to relevant sites of care; and (B) provider-based research networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate outcomes and evaluate and promote quality improvement approaches. (3) Financial assistance \nThe Director may provide financial assistance to assist in meeting the costs of planning and establishing new centers, as well as operating existing and new centers, pursuant to section 902(c). (4) Stakeholder engagement \nThe Director shall identify and enter into a supporting agreement (grant or contract) with a nonprofit entity that convenes a coalition of diverse health care stakeholders for the purpose of— (A) raising attention to diagnostic safety and quality concerns; (B) facilitating learning, adoption and spread of effective quality improvement interventions; and (C) catalyzing novel actions by individual member organizations to reduce harms from diagnostic error and improve patient outcomes. (c) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $20,000,000 for fiscal year 2023, $25,000,000 for fiscal year 2024, $30,000,000 for fiscal year 2025, and $35,000,000 for each of fiscal years 2026 and 2027. (2) Reservation \nOf the amount appropriated under paragraph (1) for a fiscal year, $700,000 shall be allocated to carrying out the purpose described in subsection (b)(4). (3) Availability \nAmounts appropriated under this section shall remain available until expended..", "id": "H4969E328EC604F14A94562A012BB5536", "header": "Research program to improve diagnostic safety and quality" }, { "text": "918. Research program to improve diagnostic safety and quality \n(a) In general \nThe Director shall establish a comprehensive program of research and quality improvement to— (1) assess and understand diagnostic errors, including diagnostic delays, and how to eliminate common failures in the diagnostic process that lead to significant patient harm; and (2) identify, develop, implement, and disseminate evidence-based strategies and best practices for improving diagnostic quality, safety, and health care value. (b) Activities \nThe program established under subsection (a) shall include the following: (1) Continuum of research \nA portfolio of conducted and supported activities that is consistent with the general, research, implementation, and dissemination activities of the Center for Quality Improvement and Patient Safety, as described in section 933, including— (A) investigator-initiated research to assess diagnostic errors and identify improved methods to prevent errors and the harm they cause; (B) translation and synthesis of research findings and development of tools for implementing prevention strategies into practice; (C) implementation research to refine evidence-based tools for improving diagnostic processes and effectively integrate these solutions into practice; and (D) dissemination to promote implementation of effective methods, strategies and tools for wide-scale improvement. (2) Research centers of diagnostic excellence \nConsistent with section 911(b), such Centers shall link research directly with clinical practice in geographically diverse locations throughout the United States, and may include— (A) academic medical and institutional research centers that combine demonstrated multidisciplinary expertise in diagnostic outcomes or quality improvement research with linkages directly or through national, state or local stakeholder partner organizations to relevant sites of care; and (B) provider-based research networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate outcomes and evaluate and promote quality improvement approaches. (3) Financial assistance \nThe Director may provide financial assistance to assist in meeting the costs of planning and establishing new centers, as well as operating existing and new centers, pursuant to section 902(c). (4) Stakeholder engagement \nThe Director shall identify and enter into a supporting agreement (grant or contract) with a nonprofit entity that convenes a coalition of diverse health care stakeholders for the purpose of— (A) raising attention to diagnostic safety and quality concerns; (B) facilitating learning, adoption and spread of effective quality improvement interventions; and (C) catalyzing novel actions by individual member organizations to reduce harms from diagnostic error and improve patient outcomes. (c) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $20,000,000 for fiscal year 2023, $25,000,000 for fiscal year 2024, $30,000,000 for fiscal year 2025, and $35,000,000 for each of fiscal years 2026 and 2027. (2) Reservation \nOf the amount appropriated under paragraph (1) for a fiscal year, $700,000 shall be allocated to carrying out the purpose described in subsection (b)(4). (3) Availability \nAmounts appropriated under this section shall remain available until expended.", "id": "id5EAC1CFBE6BA40CAAB549E18F51F6771", "header": "Research program to improve diagnostic safety and quality" }, { "text": "3. Fellowships and training grants \n(a) Ruth Kirschstein awards \nSection 487(a) of the Public Health Service Act ( 42 U.S.C. 288(a) ) is amended by adding at the end the following: (5) For purposes of the program under this subsection, biomedical and behavioral research includes diagnostic safety and quality research.. (b) AHRQ programs \nSection 902(b)(1) of the Public Health Service Act ( 42 U.S.C. 299a(b)(1) ) is amended— (1) by inserting and diagnostic safety and quality after subsection (a) ; and (2) by striking under section 487(d)(3) and inserting for purposes of carrying out section 487.", "id": "id1EDA3822DEAC470ABD959D6E2CD6E469", "header": "Fellowships and training grants" }, { "text": "4. Quality measure development \nSection 931(c)(2) of the Public Health Service Act ( 42 U.S.C. 299b–31(c)(2) ) is amended— (1) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; and (2) by inserting after subparagraph (A) the following: (B) diagnostic safety and quality;.", "id": "id25A2864A82DE4C319FFCA898998A2F17", "header": "Quality measure development" }, { "text": "5. Data for research and improvement \nSection 937(f) of the Public Health Service Act ( 42 U.S.C. 299b–37(f) ) is amended— (1) by striking The Secretary and inserting the following: (1) In general \nThe Secretary ; and (2) adding at the end the following: (2) Consultation with expert panel \nIn carrying out paragraph (1), the Secretary, in coordination with the Director, the Director of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, and the National Library of Medicine, shall convene an expert panel to consider and make recommendations regarding the types, sources, and availability of data needed to accelerate diagnostic safety and quality research, training, and measure development as specified in section 918, including data related to racial, ethnic, and language attributes; gender, age, geography, and socioeconomic conditions; the specificity, interoperability, and socio-technical aspects of electronic vocabularies and ontologies related to presenting symptoms and diagnostic certainty; and the development and use of symptom-based clinical registries. Such panel shall consider enhanced data capabilities that are necessary to support both research and improvement of diagnostic safety and quality..", "id": "id7BDC34CE34FF4CD5887A74B9604CF80A", "header": "Data for research and improvement" }, { "text": "6. Interagency Council on Improving Diagnosis in Health Care \n(a) Establishment \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish within the Office of the Secretary an interagency council to be known as the Interagency Council on Improving Diagnosis in Health Care (referred to in this section as the Council ). (b) Objectives \nThe objectives of the Council shall be the following: (1) Enhance the quality, appropriateness, and effectiveness of diagnosis in health care through— (A) the establishment and support of a broad base of scientific research; (B) the dissemination and implementation of the results of such research; and (C) the promotion of improvements in clinical and health system practices. (2) Identify and eliminate systemic barriers to supporting research in improving diagnosis in health care. (3) Identify knowledge gaps, research and data needs, and opportunities congruent with agency missions to strengthen the clinical and translational research pipeline to improve diagnostic safety and quality, including potential collaborative research initiatives among 2 or more agencies, offices, institutes, or centers within the Department of Health and Human Services or other Federal agencies or offices. (c) Membership \n(1) Chairperson \nThe Director of the Agency for Healthcare Research and Quality (or the Director’s designee) shall be the Chairperson of the Council. (2) Members \n(A) In general \nIn addition to the Chairperson, the Council shall be comprised of the following: (i) At least 1 designee from each of the following, appointed by the head of the applicable department or agency: (I) The Centers for Disease Control and Prevention. (II) The Centers for Medicare & Medicaid Services. (III) The Department of Veterans Affairs. (IV) The Congressionally Directed Medical Research Program of the Department of Defense. (V) The Office of the National Coordinator for Health Information Technology. (ii) Designees from the National Institutes of Health, including a least 1 designee from each of the following: (I) The National Cancer Institute. (II) The National Center for Advancing Translational Sciences. (III) The National Institute of Allergy and Infectious Diseases. (IV) The National Heart, Lung, and Blood Institute. (V) The National Institute of Neurological Disorders and Stroke. (VI) The National Library of Medicine. (VII) The National Institute on Minority Health and Health Disparities. (VIII) The National Institute of Nursing Research. (IX) The Eunice Kennedy Shriver National Institute of Child Health and Human Development. (iii) Designees from such other national research institutes and national centers as may be appropriate, as determined by the Director of the National Institutes of Health. (B) Additional members \nIn addition to the designees under subparagraph (A), the Council may include such other designees from Federal departments or agencies as the Chairperson of the Council deems appropriate. (C) Designation \nA person appointed to the Council as a designee shall be a senior official or employee of the department or agency whose responsibilities and subject matter expertise are relevant to the Council’s objectives listed in subsection (b), as determined by the designating official. (d) Strategic plan; reports \n(1) Strategic Federal Plan to Improve Diagnosis in Health Care \nNot later than 18 months after the date of enactment of this Act, the Council shall develop, submit to the Secretary and Congress, and make publicly available a strategic plan, to be known as the Strategic Federal Plan to Improve Diagnosis, that, consistent with the objectives listed in subsection (b)— (A) identifies coordinated opportunities to enhance scientific research and reduce systemic barriers in order to improve diagnosis in health care; and (B) includes legislative and administrative policy recommendations, including opportunities to remove barriers to, and enhance, inter-agency coordination in the planning, conduct, and funding of, such research. (2) Reports to Congress \nNot later than July 31 of every odd-numbered year beginning with the first such year after the date of submission of the first Strategic Federal Plan to Improve Diagnosis under paragraph (1), the Council shall prepare, submit to the Secretary and Congress, and make publicly available an updated Strategic Federal Plan to Improve Diagnosis that includes— (A) such updates as the Council determines to be appropriate; (B) information on the overall progress of the Federal Government in reducing barriers to research on, and supporting projects to improve, diagnosis in health care; and (C) legislative and administrative policy recommendations, including addressing any needs for greater legislative authority to meet the objectives listed in subsection (b). (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2027.", "id": "H087213E2E1E040BDAAE63E7D3A3A785A", "header": "Interagency Council on Improving Diagnosis in Health Care" }, { "text": "7. National academies report \n(a) In general \nThe Director of the Agency for Healthcare Research and Quality shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine under which such National Academies conducts a study and issues a report on disparities in diagnostic safety and quality that— (1) identifies what is known about the burden and causes of such disparities, including racial, ethnic, socioeconomic, age, gender, geography, language proficiency, and intersectional interactions; and (2) includes recommendations on specific actions that policymakers, researchers, clinicians, and other stakeholders can take to eliminate such burdens. (b) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2023, to remain available until expended.", "id": "idaced2c072b4f40a599aff98c70e0f310", "header": "National academies report" } ]

[ { "text": "That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely:", "id": "S1", "header": null }, { "text": "101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2022, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) Investigations \nFor a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided , That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further , That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) Construction \nFor a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided , That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further , That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further , That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) Operation and maintenance \nUnlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided , That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further , That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further , That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further , That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) Mississippi river and tributaries \nThe reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) Formerly utilized sites remedial action program \nReprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De minimus reprogrammings \nIn no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing authorities program \nSubsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; and (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest.", "id": "id2EBD240003454AA69653DE27AA628A1D", "header": null }, { "text": "102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the report accompanying this Act.", "id": "id9ED7A51547B74720B3402677D115D138", "header": null }, { "text": "103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101.", "id": "id1873853252324946AC51E2B978CAA7B0", "header": null }, { "text": "104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects.", "id": "idA880291CE6E144A0AC7221C6BBFE634B", "header": null }, { "text": "105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ): Provided , That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211 ).", "id": "id712568D5E7FB447D9AF681B742C68418", "header": null }, { "text": "106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers.", "id": "id274E9AD955954F879A9CD8C0218128EF", "header": null }, { "text": "201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2022, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading Bureau of Reclamation—Water and Related Resources shall be expended for the programs, projects, and activities specified in the Senate Recommended columns in the Water and Related Resources table included under the heading Title II—Department of the Interior in the report accompanying this Act. (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act.", "id": "id929FB014860D424DBA85DBF0AB009329", "header": null }, { "text": "202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program—Alternative Repayment Plan and the SJVDP—Alternative Repayment Plan described in the report entitled Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 , prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.", "id": "idE35551CB7FF94381832D97AD1ED74042", "header": null }, { "text": "203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $610,000,000 and inserting $730,000,000.", "id": "idC726098103DB47ECA887AA592B046518", "header": null }, { "text": "204. Title I of Public Law 108–361 (the CALFED Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of Public Law 114–322 , is amended by striking 2021 each place it appears and inserting 2022.", "id": "id055777ABBC5A4788834718C27ECF2167", "header": null }, { "text": "205. Section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) is amended by striking 2021 and inserting 2022.", "id": "id62C48BB21C434C00AC6C6B89C6348B07", "header": null }, { "text": "206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) is amended by striking 2021 and inserting 2022. (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) is amended by striking 2021 and inserting 2022.", "id": "idB5E8EA72FB65470F9B380A6C04ED832E", "header": null }, { "text": "207. Section 1101(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 ) is amended by striking $10,000,000 and inserting $13,000,000.", "id": "idD084B38FB46948F880BA540B93F6FA52", "header": null }, { "text": "301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading Department of Energy—Energy Programs , enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the Final Bill column in the Department of Energy table included under the heading Title III—Department of Energy in the report accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.", "id": "id25DE4DDD925C4004ACADA18CAA91BB0C", "header": null }, { "text": "302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for fiscal year 2022.", "id": "idCB1AECA2E2854C878437E616F90A4FE4", "header": null }, { "text": "303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements.", "id": "idCDE8B089B3FB45EB8F177B6E8F0DE198", "header": null }, { "text": "304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.", "id": "id52561278CD464272A758030904096C16", "header": null }, { "text": "305. No funds shall be transferred directly from Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration to the general fund of the Treasury in the current fiscal year.", "id": "idA1C3EE3B8E02451BB61C04AFC4F1DCDA", "header": null }, { "text": "306. (a) In general \nThe Secretary shall establish an experienced worker program, to be known as Department of Energy Experienced Worker Program , for the purpose of awarding grants and entering into cooperative agreements under subsection (b) for the purpose of using the talents of individuals in the United States who are age 55 or older and are not employees of the Department to provide technical, professional and administrative services to support the mission of the Department of Energy. (b) Grants and Cooperative Agreements \n(1) In general \nNotwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary may make grants to, or enter into cooperative agreements with, private national nonprofit organizations eligible to receive grants under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ) to use the talents of individuals in the United States who are age 55 or older in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (2) Requirements \nPrior to awarding a grant or entering into a cooperative agreement under paragraph (1), the Secretary shall ensure that the grant or cooperative agreement would not— (A) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (B) result in the use of an individual under the Department of Energy Experienced Worker Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (C) affect existing contracts for services.", "id": "idA741DFA905164109A2BE94644723340D", "header": null }, { "text": "307. (a) Of the unobligated balances available to the Department of Energy from amounts appropriated in prior Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts— (1) Defense Nuclear Nonproliferation for the construction project 99–D–143 , $330,000,000; and (2) Naval Reactors , $6,000,000. (b) No amounts may be rescinded under subsection (a) from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "id6E7F3B3042E54DA6A5689054B1CDB3CF", "header": null }, { "text": "308. (a) Definitions \nIn this section: (1) Affected indian tribe \nThe term affected Indian tribe has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (2) High-level radioactive waste \nThe term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (3) Nuclear waste fund \nThe term Nuclear Waste Fund means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ). (4) Secretary \nThe term Secretary means the Secretary of Energy. (5) Spent nuclear fuel \nThe term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (b) Pilot program \nNotwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a pilot program to license, construct, and operate 1 or more Federal consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor. (c) Requests for proposals \nNot later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the 1 or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based approval \nPrior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability \nIn executing this section, the Secretary shall comply with— (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot program plan \nNot later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes— (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for— (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public participation \nPrior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct 1 or more public hearings in the vicinity of each potential site and in at least 1 other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of nuclear waste fund \nThe Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations.", "id": "id41C6CAFD5A3E490E8067B28A5FCFFAF0", "header": null }, { "text": "401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies.", "id": "idCC81FC771809467A9EC9868B6886544E", "header": null }, { "text": "402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for Nuclear Regulatory Commission—Salaries and Expenses shall be expended as directed in the report accompanying this Act. (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.", "id": "id8CAE8EF77E914456A5C828411630F15B", "header": null }, { "text": "501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.", "id": "idDEBB833A9CF54C28A96915F9DF5786E3", "header": null }, { "text": "502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.", "id": "id2B1EDC2361214FF0AF1AB6383EE18176", "header": null }, { "text": "503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).", "id": "id16A603E3622F427C9153F9D63E23844C", "header": null }, { "text": "504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.", "id": "id8A8082EC5E3A4A7FAF675C3F6A3E7401", "header": null }, { "text": "505. For an additional amount for Bureau of Reclamation—Water and Related Resources , $450,000,000, to remain available until expended for activities to address drought, as determined by the Secretary of the Interior: Provided , That not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations to be funded: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "idA72610AD07D54FC9BC008B8A53EE6726", "header": null } ]

[ { "text": "1. Short title \nThis Act may be cited as the Higher Education Access and Success for Homeless and Foster Youth Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \n(a) Homeless and foster youth \nSection 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ) is amended— (1) by redesignating paragraph (10), paragraphs (11) through (22), and paragraphs (23) through (24), as paragraph (11), paragraphs (13) through (25), and paragraphs (26) through (27), respectively; (2) by inserting after paragraph (9) the following: (10) Foster care youth \nThe term foster care youth — (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act ( 42 U.S.C. 672 ) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual’s subsequent adoption, guardianship arrangement, or other form of permanency outcome. ; (3) by inserting after paragraph (11), as redesignated by paragraph (1), the following: (12) Homeless youth \nThe term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). ; and (4) by inserting after paragraph (24), as redesignated by paragraph (1), the following: (25) Unaccompanied \nThe terms unaccompanied and unaccompanied youth have the meaning given the term unaccompanied youth in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ).. (b) Technical correction \nSection 480 of the Higher Education Act of 1965, as amended by section 702(l)(2) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by striking subsections (m) and (n).", "id": "idD7C612C8992048108958A1DEC9866730", "header": "Definitions" }, { "text": "3. Technical corrections to FAFSA Simplification Act \nSection 479D of the Higher Education Act of 1965, as in effect on the effective date of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended— (1) in subsection (a)(1)(D), by inserting the same or before a prior award ; (2) in subsection (b)(5), by inserting the same or before a prior award ; and (3) in subsection (d)(2)— (A) by inserting this section, or paragraph (2), (8), or (9) of section 480(d), after pursuant to section 479A(c), ; and (B) by striking under such paragraph in the same award year and inserting under such provisions in the same or a prior award year.", "id": "idBC2B1201E3A0469F8679F6C1805881EA", "header": "Technical corrections to FAFSA Simplification Act" }, { "text": "4. Student loan ombudsman assistance for homeless and foster youth \nSection 141(f)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1018(f)(3) ) is amended— (1) in subparagraph (A), by striking and after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) receive, review, and resolve expeditiously complaints regarding a student’s independence under paragraph (2) or (8) of section 480(d), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless youth designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act ( 42 U.S.C. 11432 )..", "id": "id898CFF1345A64361B5D771C142E4CDBF", "header": "Student loan ombudsman assistance for homeless and foster youth" }, { "text": "5. Liaisons and Access to Housing for Homeless and Foster Youth \n(a) Access to housing \nSection 487(a)(19) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(19) ) is amended— (1) by striking The institution will not and inserting the following: The institution— (A) will not ; (2) by inserting housing facilities, after libraries, ; (3) by striking institution. and inserting institution; and ; and (4) by adding at the end the following: (B) will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act ( 42 U.S.C. 677 ) or delays attributable to the institution.. (b) Liaisons \nSection 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Liaisons and Access to Housing for Homeless and Foster Youth \nEach institution of higher education participating in any program under this title shall— (1) have designated an appropriate staff person with sufficient capacity and training to act as a liaison to assist homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth in accessing and completing postsecondary education, including by ensuring that those individuals are connected to applicable and available student support services, programs, and community resources such as financial aid, academic advising, housing, food, public benefits, health care, health insurance, mental health care, child care, transportation benefits, and mentoring; (2) post on the institution’s website— (A) the contact information for the liaison designated under paragraph (1); (B) information on the process for providing documentation for a determination of independence under section 479D; and (C) information about student financial assistance and other assistance available to homeless youth, students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including their eligibility as independent students under paragraphs (2) or (8) of sections 480(d); (3) give priority for any institutionally owned or operated housing facilities, including student housing facilities that remain open for occupation during school breaks or on a year-round basis, to— (A) homeless youth; (B) youth who are unaccompanied, at risk of homelessness, and self-supporting; and (C) foster care youth; (4) have developed a plan for how such homeless youth, youth who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth can access housing resources during and between academic terms, through means that may include access to institutionally owned or operated housing during breaks and a list of housing resources in the community that provide short-term housing; and (5) include, in its application for admission, questions (to be answered voluntarily) regarding the applicant’s status as a homeless youth (including unaccompanied homeless youth), youth who is unaccompanied, at risk of homelessness, and self-supporting, or foster care youth, that— (A) can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance; (B) explain the key terms in the question in a manner that applicants can understand in order to self-identify with such status; and (C) with consent of the applicant, may be shared with the liaison after admission but prior to the beginning of the next academic term..", "id": "id962B4E872AA34CE5A53DE1685701179B", "header": "Liaisons and Access to Housing for Homeless and Foster Youth" }, { "text": "6. Serving homeless and foster youth in Federal TRIO programs \nSection 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 ) is amended— (1) in subsection (c)(6), by striking the last sentence and inserting the following: The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to homeless youth and foster care youth, and make available to homeless youth and foster care youth services under such programs, including mentoring, tutoring, and other services provided by such programs. ; and (2) in subsection (f)(2), by striking college students, and and inserting college students, homeless youth, foster care youth, and.", "id": "id187E669FC75B45B681BEBB8350D08643", "header": "Serving homeless and foster youth in Federal TRIO programs" }, { "text": "7. Serving homeless and foster youth in talent search \nSection 402B(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–12(d) ) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth as part of the project; and (7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth..", "id": "id239E4647675348ACA07EBDAD1C7D3DD2", "header": "Serving homeless and foster youth in talent search" }, { "text": "8. Serving homeless and foster youth in upward bound \nSection 402C(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–13(e) ) is amended— (1) in paragraph (4), by striking and after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and (8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth..", "id": "id8120436E38EF464286C57D21175B3B27", "header": "Serving homeless and foster youth in upward bound" }, { "text": "9. Serving homeless and foster youth in student support services \nSection 402D(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–14(e) ) is amended— (1) in paragraph (5), by striking and after the semicolon; (2) in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (7) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (8) require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth, who are enrolled or accepted for enrollment at the institution; and (9) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth..", "id": "id5B07EA1763BF41AB8E69F8A12B9B415D", "header": "Serving homeless and foster youth in student support services" }, { "text": "10. Serving homeless and foster youth in educational opportunity centers \nSection 402F(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–16(c) ) is amended— (1) in paragraph (2), by striking and after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (4) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (5) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and (6) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless youth and foster care youth..", "id": "idBDE222CB4CD7439AB01E9BED5BE5C4FA", "header": "Serving homeless and foster youth in educational opportunity centers" }, { "text": "11. Reports and evaluations \nSection 402H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–18 ) is amended by adding at the end the following: (e) Report regarding homeless and foster youth \nEach entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes— (1) data on the number of homeless youth and foster care youth served through the project; and (2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth..", "id": "idB23790D6779149D698E03DA5E12B898E", "header": "Reports and evaluations" }, { "text": "12. Serving homeless and foster youth in gaining early awareness and readiness for undergraduate programs \n(a) Applications \nSection 404C(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–23(a)(2) ) is amended— (1) in subparagraph (I), by striking and after the semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (K) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless youth and foster care youth; (L) require that such entity submit, as part of the assurance, a description of the activities that will be undertaken to reach out to such homeless youth and foster care youth regarding the project; and (M) require an assurance that such entity will prepare and submit the report required under section 404G(c) at the conclusion of the project regarding such homeless youth and foster care youth.. (b) Permissible activities \nSection 404D(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–24(b) ) is amended by adding at the end the following: (16) Facilitating the recruitment, participation, and retention of homeless youth and foster care youth, which may include— (A) establishing partnerships with community-based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ) to identify students, improve policies and practices, and to establish data sharing agreements; (B) carrying out— (i) activities to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement; and (ii) policies consistent with the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ) to allow for such participation and retention, including allowing continued participation when an eligible student is no longer enrolled in a school served under this chapter on a temporary basis, or providing transitional services and referrals when an eligible student is no longer enrolled in a school served under this chapter on a permanent basis; and (C) carrying out other activities to meet the needs of such homeless youth and foster care youth.. (c) Evaluation and report \nSection 404G of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–27 ) is amended— (1) by redesignating subsections (c) and (d), as subsections (d) and (e), respectively; and (2) inserting after subsection (b) the following: (c) Report regarding homeless and foster youth \nEach entity carrying out a project under section 404A shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes— (1) data on the number of homeless youth and foster care youth served through the project; and (2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless youth and foster care youth..", "id": "idCC2D787F63DC4EF3B570D1AEB91A88DF", "header": "Serving homeless and foster youth in gaining early awareness and readiness for undergraduate programs" }, { "text": "13. Priority for Federal work-study programs for homeless and foster youth \nSection 443(b)(6) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53(b)(6) ) is amended by inserting , and prioritize employment for students who are homeless youth or foster care youth after thereof.", "id": "id988D157CF5D14A57906C580C71455B69", "header": "Priority for Federal work-study programs for homeless and foster youth" }, { "text": "14. Data transparency on the number of pending requests for determination by homeless youth \nSection 483(c)(2)(B) is amended— (1) in clause (i), by striking and after the semicolon; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response to the applicant’s request for the institution to consider the applicant’s special circumstance of being homeless..", "id": "id76d0c6dc10394460a5ae9fcd496b87ca", "header": "Data transparency on the number of pending requests for determination by homeless youth" }, { "text": "15. In-State tuition rates for homeless and foster youth \nSection 135 of the Higher Education Act of 1965 ( 20 U.S.C. 1015d ) is amended— (1) in the section heading, by inserting , homeless youth and foster care youth after children ; (2) in subsection (a)— (A) by striking (a) Requirement.—In the case and inserting the following: (a) Requirement \n(1) Armed forces \nIn the case ; and (B) by adding at the end the following: (2) Homeless and foster youth \nIn the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition and required fees for attendance at a public institution of higher education in the State at a rate that is greater than the rate of tuition and required fees charged for residents of the State. ; and (3) by striking subsections (c) and (d) and inserting the following: (c) Effective date \n(1) Armed forces \nWith respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009. (2) Homeless and foster youth \nWith respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the effective date of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022. (d) Definitions \nIn this section, the terms armed forces and active duty for a period of more than 30 days have the meanings given those terms in section 101 of title 10, United States Code..", "id": "idf57f318307f64b9eb5bb65fc6c41b1af", "header": "In-State tuition rates for homeless and foster youth" }, { "text": "16. Secretarial support and guidance for homeless and foster youth \nPart B of title I ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Secretarial support and guidance for homeless and foster youth \n(a) Guidance \nNot later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. (b) Professional development \nBeginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth. (c) Report \nNot later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion..", "id": "id8B8E03546563411389C2405C9D89F51D", "header": "Secretarial support and guidance for homeless and foster youth" }, { "text": "124. Secretarial support and guidance for homeless and foster youth \n(a) Guidance \nNot later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 479D. (b) Professional development \nBeginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth. (c) Report \nNot later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act of 2022 , and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless youth (including unaccompanied homeless youth), students who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.", "id": "idF6A946DA30FE4C57B523DAA9DB9029DD", "header": "Secretarial support and guidance for homeless and foster youth" }, { "text": "17. Effective date \nThe amendments made by this Act shall take effect and apply as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and in accordance with section 701(b) of such Act.", "id": "id7132c56bcf924005b2522035ef291272", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Improving Trauma Systems and Emergency Care Act.", "id": "idC094B7ADE4DB445F93745D915F3C4036", "header": "Short title" }, { "text": "2. Trauma care reauthorization \n(a) In general \nSection 1201 of the Public Health Service Act ( 42 U.S.C. 300d ) is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) by inserting analyze, after compile, ; and (ii) by inserting and medically underserved areas before the semicolon; (B) in paragraph (4), by adding and after the semicolon; (C) by striking paragraph (5); and (D) by redesignating paragraph (6) as paragraph (5); (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Trauma care readiness and coordination \nThe Secretary, acting through the Assistant Secretary for Preparedness and Response, shall support the efforts of States and consortia of States to coordinate and improve emergency medical services and trauma care during a public health emergency declared by the Secretary pursuant to section 319 or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Such support may include— (1) developing, issuing, and updating guidance, as appropriate, to support the coordinated medical triage and evacuation to appropriate medical institutions based on patient medical need, taking into account regionalized systems of care; (2) disseminating, as appropriate, information on evidence-based or evidence-informed trauma care practices, taking into consideration emergency medical services and trauma care systems, including such practices identified through activities conducted under subsection (a) and which may include the identification and dissemination of performance metrics, as applicable and appropriate; and (3) other activities, as appropriate, to optimize a coordinated and flexible approach to the emergency response and medical surge capacity of hospitals, other health care facilities, critical care, and emergency medical systems.. (b) Grants To improve trauma care in rural areas \nSection 1202 of the Public Health Service Act ( 42 U.S.C. 300d–3 ) is amended— (1) by amending the section heading to read as follows: Grants to improve trauma care in rural areas ; (2) by amending subsections (a) and (b) to read as follows: (a) In general \nThe Secretary shall award grants to eligible entities for the purpose of carrying out research and demonstration projects to support the improvement of emergency medical services and trauma care in rural areas through the development of innovative uses of technology, training and education, transportation of seriously injured patients for the purposes of receiving such emergency medical services, access to prehospital care, evaluation of protocols for the purposes of improvement of outcomes and dissemination of any related best practices, activities to facilitate clinical research, as applicable and appropriate, and increasing communication and coordination with applicable State or Tribal trauma systems. (b) Eligible entities \n(1) In general \nTo be eligible to receive a grant under this section, an entity shall be a public or private entity that provides trauma care in a rural area. (2) Priority \nIn awarding grants under this section, the Secretary shall give priority to eligible entities that will provide services under the grant in any rural area identified by a State under section 1214(d)(1). ; and (3) by adding at the end the following: (d) Reports \nAn entity that receives a grant under this section shall submit to the Secretary such reports as the Secretary may require to inform administration of the program under this section.. (c) Pilot grants for trauma centers \nSection 1204 of the Public Health Service Act ( 42 U.S.C. 300d–6 ) is amended— (1) by amending the section heading to read as follows: Pilot grants for trauma centers ; (2) in subsection (a)— (A) by striking not fewer than 4 and inserting 10 ; (B) by striking that design, implement, and evaluate and inserting to design, implement, and evaluate new or existing ; (C) by striking emergency care and inserting emergency medical ; and (D) by inserting , and improve access to trauma care within such systems before the period; (3) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following: (A) a State or consortia of States; (B) an Indian Tribe or Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); (C) a consortium of level I, II, or III trauma centers designated by applicable State or local agencies within an applicable State or region, and, as applicable, other emergency services providers; or (D) a consortium or partnership of nonprofit Indian Health Service, Indian Tribal, and urban Indian trauma centers. ; (4) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking that proposes a pilot project ; and (ii) by striking an emergency medical and trauma system that— and inserting a new or existing emergency medical and trauma system. Such eligible entity shall use amounts awarded under this subsection to carry out 2 or more of the following activities: ; (B) in paragraph (1)— (i) by striking coordinates and inserting Strengthening coordination and communication ; and (ii) by striking an approach to emergency medical and trauma system access throughout the region, including 9–1–1 Public Safety Answering Points and emergency medical dispatch; and inserting approaches to improve situational awareness and emergency medical and trauma system access, including distribution of patients during a mass casualty incident, throughout the region. ; (C) in paragraph (2)— (i) by striking includes and inserting Providing ; (ii) by inserting support patient movement to after region to ; and (iii) by striking the semicolon and inserting a period; (D) in paragraph (3)— (i) by striking allows for and inserting Improving ; and (ii) by striking ; and and inserting a period; (E) in paragraph (4), by striking includes a consistent and inserting Supporting a consistent ; and (F) by adding at the end the following: (5) Establishing, implementing, and disseminating, or utilizing existing, as applicable, evidence-based or evidence-informed practices across facilities within such emergency medical and trauma system to improve health outcomes, including such practices related to management of injuries, and the ability of such facilities to surge. (6) Conducting activities to facilitate clinical research, as applicable and appropriate. ; (5) in subsection (d)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking the proposed and inserting the applicable emergency medical and trauma system ; (ii) in clause (i), by inserting or Tribal entity after equivalent State office ; and (iii) in clause (vi), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) for eligible entities described in subparagraph (C) or (D) of subsection (b)(1), a description of, and evidence of, coordination with the applicable State Office of Emergency Medical Services (or equivalent State Office) or applicable such office for a Tribe or Tribal organization; and ; (6) in subsection (e)— (A) in paragraph (1), by striking $1 for each $3 and inserting $1 for each $5 ; and (B) by adding at the end the following: (3) Waiver \nThe Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for a State, consortia of States, Indian Tribe or Tribal organization, or trauma center, if the Secretary determines that applying such matching requirement would result in serious hardship or an inability to carry out the purposes of the pilot program. ; (7) in subsection (f), by striking population in a medically underserved area and inserting medically underserved population ; (8) in subsection (g)— (A) in the matter preceding paragraph (1), by striking described in ; (B) in paragraph (2), by striking the system characteristics that contribute to and inserting opportunities for improvement, including recommendations for how to improve ; (C) by striking paragraph (4); (D) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (E) in paragraph (4), as so redesignated, by striking ; and and inserting a semicolon; (F) in paragraph (5), as so redesignated, by striking the period and inserting ; and ; and (G) by adding at the end the following: (6) any evidence-based or evidence-informed strategies developed or utilized pursuant to subsection (c)(5). ; and (9) by amending subsection (h) to read as follows: (h) Dissemination of findings \nNot later than 1 year after the completion of the final project under subsection (a), 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 describing the information contained in each report submitted pursuant to subsection (g) and any additional actions planned by the Secretary related to regionalized emergency care and trauma systems.. (d) Program funding \nSection 1232(a) of the Public Health Service Act ( 42 U.S.C. 300d–32(a) ) is amended by striking 2010 through 2014 and inserting 2023 through 2027.", "id": "id3132B726BFE944408D58331E50D5F095", "header": "Trauma care reauthorization" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Firearms trafficking \n(a) In general \nChapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms \n(a) Definitions \nIn this section— (1) the term actual buyer means the individual for whom a firearm is being purchased, received, or acquired; and (2) the term term of imprisonment exceeding 1 year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. (b) Offenses \nIt shall be unlawful for any person, regardless of whether anything of value is exchanged— (1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that— (A) is material to— (i) the identity of the actual buyer of the firearms; or (ii) the intended trafficking of the firearms; and (B) the person knows or has reasonable cause to believe is false; or (4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). (c) Gift exceptions \nSubsection (b) shall not apply to a firearm that is— (1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or (2) lawfully received or otherwise acquired— (A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or (B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. (d) Penalties \n(1) In general \nSubject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. (2) Organizer enhancement \nIf an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation— (A) the maximum term of imprisonment shall be 25 years; and (B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. (3) Licensees \n(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms \nIf a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking \nIn the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (C) License suspension or revocation \nIf the Attorney General determines, after notice and opportunity for a hearing, that firearms were acquired by or from a licensed manufacturer, licensed importer, licensed collector, or licensed dealer in violation of subsection (b) and the licensee knew, had reasonable cause to believe, or recklessly disregarded that the firearms were acquired in violation of that subsection, the Attorney General— (i) may suspend or revoke the license issued to the licensee under this chapter for not more than 1 year; and (ii) if the license issued to the licensee under this chapter has previously been suspended or revoked under clause (i), may revoke the license for not more than 5 years.. (b) Technical and conforming amendment \nThe table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms.. (c) Directive to sentencing commission \n(1) In general \nPursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirements \nIn carrying out this subsection, the Commission shall— (A) review the penalty structure that the Federal sentencing guidelines currently provide based on the number of firearms involved in the offense; and (B) determine whether any changes to that penalty structure are appropriate in order to carry out the intent of Congress that those penalties reflect— (i) the gravity of the offense; (ii) the number of trafficked firearms purchased by or from the defendant; (iii) the extent of the defendant’s knowledge about the overall scheme to traffic firearms; (iv) the amount of money or value of nonmonetary compensation provided to the defendant for the defendant’s participation; and (v) the defendant’s culpability, including— (I) as mitigating factors, whether the defendant— (aa) is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms; (bb) is a domestic violence survivor; or (cc) has been otherwise exploited by personal affection, fear of reprisals, or economic need to commit an offense under section 932 of title 18, United States Code (as added by subsection (a)); and (II) as aggravating factors, whether— (aa) the trafficked firearms were used in additional crimes; (bb) a person was injured or killed with the trafficked firearms; or (cc) the defendant was previously convicted of a firearms-related offense. (d) Directive to the Attorney General \nNot later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the following information: (1) For the prior 12-month period— (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities— (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. (2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including— (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes.", "id": "idb5f538b8c27746d38599b3a63adf4fe6", "header": "Firearms trafficking" }, { "text": "932. Trafficking in firearms \n(a) Definitions \nIn this section— (1) the term actual buyer means the individual for whom a firearm is being purchased, received, or acquired; and (2) the term term of imprisonment exceeding 1 year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. (b) Offenses \nIt shall be unlawful for any person, regardless of whether anything of value is exchanged— (1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that— (A) is material to— (i) the identity of the actual buyer of the firearms; or (ii) the intended trafficking of the firearms; and (B) the person knows or has reasonable cause to believe is false; or (4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). (c) Gift exceptions \nSubsection (b) shall not apply to a firearm that is— (1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or (2) lawfully received or otherwise acquired— (A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or (B) by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. (d) Penalties \n(1) In general \nSubject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. (2) Organizer enhancement \nIf an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation— (A) the maximum term of imprisonment shall be 25 years; and (B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. (3) Licensees \n(A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms \nIf a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking \nIn the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (C) License suspension or revocation \nIf the Attorney General determines, after notice and opportunity for a hearing, that firearms were acquired by or from a licensed manufacturer, licensed importer, licensed collector, or licensed dealer in violation of subsection (b) and the licensee knew, had reasonable cause to believe, or recklessly disregarded that the firearms were acquired in violation of that subsection, the Attorney General— (i) may suspend or revoke the license issued to the licensee under this chapter for not more than 1 year; and (ii) if the license issued to the licensee under this chapter has previously been suspended or revoked under clause (i), may revoke the license for not more than 5 years.", "id": "id62e1a3cdff684562be6a15b3afec0823", "header": "Trafficking in firearms" }, { "text": "3. Removing relief from disabilities exception for licensees indicted for firearms trafficking \nSection 925(b) of title 18, United States Code, is amended by inserting other than firearms trafficking under section 932, after indicted for a crime punishable by imprisonment for a term exceeding one year,.", "id": "id5d04715b86004ae39a6e667897a969d1", "header": "Removing relief from disabilities exception for licensees indicted for firearms trafficking" }, { "text": "4. Elimination of obligatory stay of effective date of license revocation \nSection 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so..", "id": "id346b18702d804929b70ad1297a0fe1e9", "header": "Elimination of obligatory stay of effective date of license revocation" } ]

[ { "text": "1. Authorization for Additional Funds for the Emergency Broadband Connectivity Fund \nThere are authorized to be appropriated to the Emergency Broadband Connectivity Fund established under subsection (i) of section 904 of title IX of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) $6,000,000,000 for fiscal year 2022 for the purposes described in paragraph (3) of such subsection, and such amount is authorized to remain available until fiscal year 2026.", "id": "H03ABA620DC1642B98710794989E6DEB1", "header": "Authorization for Additional Funds for the Emergency Broadband Connectivity Fund" }, { "text": "2. Grants to States to strengthen National Lifeline Eligibility Verifier \n(a) In general \nNot later than 45 days after the date of the enactment of this Act, the Commission shall establish a program to provide a grant, from amounts appropriated under subsection (d), to each eligible entity for the purpose described under subsection (b). (b) Purpose \nThe Commission shall make a grant to each eligible entity for the purpose of establishing or amending a connection between the databases of such entity that contain information concerning the receipt by a household, or a member of a household, of benefits under a program administered by such entity (including any benefit provided under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.)) and the National Lifeline Eligibility Verifier so that the receipt by a household, or a member of a household, of benefits under such benefits program— (1) is reflected in the National Lifeline Eligibility Verifier; and (2) can be used to verify eligibility for— (A) the Lifeline program established under subpart E, part 54, of title 47, Code of Federal Regulations (or any successor regulation); and (B) the Emergency Broadband Benefit Program established under section 904(b) of title IX of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (c) Disbursement of grant funds \nNot later than 60 days after the program established under subsection (a) is established, funds provided under each grant made under such subsection shall be disbursed to the entity receiving such grant. (d) Authorization of appropriation \nThere are authorized to be appropriated $200,000,000 for fiscal year 2022 for the purposes of carrying out this section, and such amount is authorized to remain available until fiscal year 2026. (e) Eligible entities \nIn this section, the term eligible entity means an entity that— (1) is a State or Tribal entity; and (2) not later than 30 days after the date of the enactment of this Act, submits to the Commission an application containing such information as the Commission may require.", "id": "H0AC09C582F594069A13C0E64F6B65419", "header": "Grants to States to strengthen National Lifeline Eligibility Verifier" }, { "text": "3. Federal coordination between National Eligibility Verifier and National Accuracy Clearinghouse \nNotwithstanding section 11(x)(2)(C)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(x)(2)(C)(i) ), not later than 180 days after the date of the enactment of this Act, the Commission shall, in coordination with the Secretary of Agriculture, establish an automated connection, to the maximum extent practicable, between the National Lifeline Eligibility Verifier and the National Accuracy Clearinghouse established under section 11(x) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(x) ) for the supplemental nutrition assistance program.", "id": "H14FD8B64C27547638BA6FD4E007F239A", "header": "Federal coordination between National Eligibility Verifier and National Accuracy Clearinghouse" }, { "text": "4. Definitions \nIn this Act: (1) Automated connection \nThe term automated connection means a connection between two or more information systems where the manual input of information in one system leads to the automatic input of the same information into any other connected system. (2) Commission \nThe term Commission means the Federal Communications Commission. (3) National Lifeline Eligibility Verifier \nThe term National Lifeline Eligibility Verifier has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation). (4) State \nThe term State has the meaning given such term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (5) Tribal entity \nThe term Tribal entity means any of the following: (A) The governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (B) The Department of Hawaiian Home Lands.", "id": "H1ED077C7985D46E5BBB193EEB6BB4315", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Family Stability and Opportunity Vouchers Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Family stability and opportunity vouchers \nSection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by adding at the end the following: (22) Family stability and opportunity vouchers \n(A) Definitions \nIn this paragraph: (i) The term area of concentrated poverty means a census tract in which the poverty rate is not less than 30 percent, as most recently determined by the Bureau of the Census. (ii) The term at risk of homelessness has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (iii) The term eligible family means a family that— (I) includes a pregnant woman or a child under the age of 6; (II) meets all applicable eligibility requirements under this subsection; and (III) is— (aa) homeless; (bb) unstably housed; (cc) living in an area of concentrated poverty; or (dd) at risk of displacement from— (AA) an opportunity area for children; or (BB) an area rapidly transitioning to become an opportunity area for children. (iv) The term high-performing school shall have the meaning given the term by the Secretary, using the best available evidence. (v) The term homeless has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (vi) The term opportunity area for children shall have the meaning given the term by the Secretary, using the best available evidence. (vii) The term unstably housed , with respect to a family, means a family who— (I) is at risk of homelessness; (II) has moved not less than twice during the 12-month period ending on the date on which a public housing agency selects the family from a waiting list to receive assistance under this paragraph; (III) is living in a unit not accessible to a disabled family member; (IV) is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking; or (V) is living in housing conditions that are dangerous or life-threatening. (B) Competitive award \n(i) In general \nIn each fiscal year for which amounts are authorized to be appropriated under subparagraph (F), the Secretary shall provide assistance to public housing agencies on a competitive basis to be used for— (I) incremental vouchers for eligible families; and (II) additional fees for the cost to the public housing agencies of providing mobility-related services to eligible families. (ii) Selection \nFor the second fiscal year in which the Secretary provides assistance under this paragraph, and each fiscal year thereafter, in selecting public housing agencies to receive assistance under this paragraph, the Secretary shall— (I) consider the performance of public housing agencies in implementing this paragraph; and (II) give preference to public housing agencies that partner with organizations that provide home visiting services, such as the services authorized under section 511 of the Social Security Act ( 42 U.S.C. 711 ) or locally funded initiatives, if those services are available in the service area of the public housing agency. (C) Services required to be offered to families receiving vouchers \n(i) In general \nA public housing agency that receives assistance under this paragraph— (I) shall offer, to each eligible family that the agency selects to receive a voucher, mobility-related services to help the family move to an opportunity area for children with access to— (aa) a high-performing school; or (bb) high-quality childcare and early education; (II) may not require an eligible family to participate in the mobility-related services described in subclause (I) as a condition of receipt of a voucher; and (III) shall adopt mobility-related policies, to be specified by the Secretary. (ii) Minimum assortment of services and policies \nThe Secretary shall establish a minimum assortment of types of mobility-related services that a public housing agency shall offer, and mobility-related policies that a public housing agency shall adopt, under clause (i) based on promising practices and evidence of the effectiveness of the services and policies. (iii) Specific services \nThe types of mobility-related services required to be offered under clause (i)— (I) shall include a customized approach to enable a successful transition to opportunity areas for children; and (II) may include counseling and continued supportive services for families. (iv) Opportunity areas for children; high-performing schools; high-quality child care and early education \nThe Secretary shall establish criteria for areas, schools, and child care and early education to qualify as opportunity areas for children, high-performing schools, and high-quality child care and early education, respectively. (v) Manner of providing services \nA public housing agency may provide mobility-related services as required under clause (i) directly or through a local partnership or contract. (D) Other requirements \n(i) Turnover \nUpon turnover of a voucher issued by a public housing agency using assistance received under this paragraph, the public housing agency shall issue the voucher to another eligible family under this paragraph. (ii) Recapture and reallocation by Secretary \nIf a public housing agency that receives assistance to be used for vouchers under this paragraph determines that it no longer has an identified need for the assistance, the public housing agency shall notify the Secretary, who may recapture the assistance and reallocate the assistance in accordance with this paragraph. (iii) Relation to other laws \nNotwithstanding any other provision of law, with respect to a voucher authorized under this paragraph— (I) the Secretary may not waive any provision of this paragraph or subsection (r); and (II) subsection (b) of section 16 shall apply, except as provided under subsection (d) of that section. (E) Implementation \n(i) Definitions \nNot later than 180 days after the date of enactment of this paragraph, the Secretary shall publish a notice for public comment in the Federal Register that includes any definitions or other specifications required or authorized under this paragraph. (ii) Allocation of funding \n(I) Initial year \nFor the first fiscal year for which amounts are appropriated to be provided to public housing agencies for incremental vouchers under this paragraph, the Secretary shall allocate the amounts to public housing agencies not later than 2 years after the date on which the amounts are appropriated. (II) Subsequent years \nFor any fiscal year after the fiscal year described in subclause (I), the Secretary shall allocate amounts to public housing agencies for incremental vouchers under this paragraph not later than 180 days after the date on which the amounts are appropriated. (F) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of fiscal years 2022 through 2026 such sums as may be necessary to provide assistance to public housing agencies under this paragraph to be used for— (i) not more than 100,000 incremental vouchers each fiscal year, as described in subparagraph (B)(i)(I); (ii) fees for the cost of administering the incremental vouchers described in subparagraph (B)(i)(I); and (iii) additional fees for mobility-related services, as described in subparagraph (B)(i)(II)..", "id": "id45BABB02CDE94605BEFC4954D3170F89", "header": "Family stability and opportunity vouchers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Sponsor Promote and Compensation Act.", "id": "S1", "header": "Short title" }, { "text": "2. Enhanced disclosures for blank check companies during IPO and pre-merger stages \n(a) Definitions \nIn this section— (1) the term blank check company has the meaning given the term in section 7(b)(3) of the Securities Act of 1933 ( 15 U.S.C. 77g(b)(3) ); and (2) the term Commission means the Securities and Exchange Commission. (b) Disclosures \nNot later than 120 days after the date of enactment of this Act, the Commission shall issue rules— (1) establishing enhanced disclosures for blank check companies during an initial public offering or prior to a merger, which shall require the disclosure of— (A) the amount of cash per share expected to be held by the blank check company immediately prior to the merger under various redemption scenarios; (B) any side payments or agreements to pay sponsors, blank check company investors, or private investors in public equity for their participation in the merger, including any rights or warrants to be issued post-merger and the dilutive impact of those rights or warrants; and (C) any fees or other payments to the sponsor, underwriter, and any other party, including the dilutive impact of any warrant that remains outstanding after blank check company investors redeem shares pre-merger; and (2) allowing the disclosures required under paragraph (1) to be more explicit to investors, in particular retail investors.", "id": "idB90D0A6A55E5442AB272975ED87F996D", "header": "Enhanced disclosures for blank check companies during IPO and pre-merger stages" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rural Wind Energy Modernization and Extension Act of 2021.", "id": "HF91C511A3F1440649B22E9ED2F328A8F", "header": "Short title" }, { "text": "2. Qualified distributed wind energy properties added to energy credit \n(a) In general \nSection 48 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in paragraph (7)— (i) in the header, by striking, Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property and inserting Phaseout for fiber-optic solar or qualified fuel cell property , and (ii) by striking qualified fuel cell property, qualified small wind property, or energy property and inserting qualified fuel cell property or energy property , and (B) by adding at the end the following new paragraph: (8) Phaseout for qualified distributed wind energy property \n(A) In general \nSubject to subparagraph (B), in the case of any qualified distributed wind energy property described in paragraph (3)(A)(vi), the energy percentage determined under paragraph (2) shall be equal to— (i) in the case of any property the construction of which begins before January 1, 2028, 30 percent, and (ii) in the case of any property the construction of which begins after December 31, 2027, 10 percent. (B) Placed in service deadline \nIn the case of any qualified distributed wind energy property described in subparagraph (A)(i) which is not placed in service before January 1, 2029, the energy percentage determined under paragraph (2) shall be equal to 10 percent. , (2) by striking qualified small wind energy property each place it appears and inserting qualified distributed wind energy property , and (3) by amending subsection (c)(4) to read as follows: (4) Qualified distributed wind energy property \n(A) In general \nThe term qualified distributed wind energy property means property that uses one or more wind turbines in a single project with a total nameplate capacity not exceeding 10 MW which— (i) are installed on properties with sufficient electrical load such that the annual energy consumption of the property is at least 50 percent of the annual energy produced by the wind energy property, or (ii) are used as part of a subscription-based or shared-ownership program that benefits at least five customers and allocates energy production proportionately to subscription or ownership where no more than 50 percent of the energy produced is claimed by any one owner or subscriber. (B) Wind turbine \nThe term wind turbine means equipment which— (i) uses wind to produce electricity, and (ii) is certified by an accredited certification agency that applies the performance and design standards of the American Wind Energy Association or International Electrotechnical Commission.. (b) Effective date \nThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.", "id": "HA5DC61602A0C424FB9081B749F3114B8", "header": "Qualified distributed wind energy properties added to energy credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Allied Burden Sharing Report Act of 2021.", "id": "id37350D73001D4D40B869E1FD72B77F7B", "header": "Short title" }, { "text": "2. Finding; sense of Congress \n(a) Finding \nCongress finds that section 1003 of the Department of Defense Authorization Act, 1985 ( Public Law 98–525 ; 63 Stat. 2241)— (1) expresses the sense of Congress that, due to threats that are ever-changing, Congress must be informed with respect to allied contributions to the common defense to properly assess the readiness of the United States and the countries described in section 3(b) for threats; and (2) requires the Secretary to submit to Congress an annual report on the contributions of allies to the common defense. (b) Sense of Congress \nIt is the sense of Congress that— (1) the threats facing the United States— (A) extend beyond the global war on terror; and (B) include near-peer threats; and (2) the President should seek from each country described in section 3(b) acceptance of international security responsibilities and agreements to make contributions to the common defense in accordance with the collective defense agreements or treaties to which such country is a party.", "id": "idD9B6EA642D5C49D0BF94368F0836E012", "header": "Finding; sense of Congress" }, { "text": "3. Reports on allied contributions to the common defense \n(a) In general \nNot later than March 1 each year, the Secretary, in coordination with the heads of other Federal agencies, as the Secretary determines to be necessary, shall submit to the appropriate committees of Congress a report containing a description of— (1) the annual defense spending by each country described in subsection (b), including available data on nominal budget figures and defense spending as a percentage of the gross domestic products of each such country for the fiscal year immediately preceding the fiscal year in which the report is submitted; (2) the activities of each such country to contribute to military or stability operations in which the Armed Forces of the United States are a participant or may be called upon in accordance with a cooperative defense agreement to which the United States is a party; (3) any limitations placed by any such country on the use of such contributions; and (4) any actions undertaken by the United States or by other countries to minimize such limitations. (b) Countries described \nThe countries described in this subsection are the following: (1) Each member state of the North Atlantic Treaty Organization. (2) Each member state of the Gulf Cooperation Council. (3) Each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro September 2, 1947, and entered into force December 3, 1948 (TIAS 1838). (4) Australia. (5) Japan. (6) New Zealand. (7) The Philippines. (8) South Korea. (9) Thailand. (c) Form \nEach report under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Availability \nA report submitted under subsection (a) shall be made available on request to any Member of Congress.", "id": "idfc5dfc5c835d4920b361277b3df11e68", "header": "Reports on allied contributions to the common defense" }, { "text": "4. Definitions \nIn this Act: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Secretary \nThe term Secretary means the Secretary of Defense.", "id": "id05e2a4d051a84efab2ae4e1bbd222e0e", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Coastal Fellowships Act.", "id": "id42FABC001D95434287518D88DCE8C4C2", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Coastal State \nThe term coastal State — (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, the Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (2) Fellow \nThe term fellow means an individual awarded a fellowship under section 5. (3) Secretary \nThe term Secretary means the Secretary of Commerce.", "id": "id2c2e4993d7df413e9e65f58ff4e786b2", "header": "Definitions" }, { "text": "3. Establishment of Coastal Management Fellowship \n(a) In general \nThere is established a fellowship program, to be known as the Coastal Management Fellowship. (b) Purposes \nThe purposes of the Coastal Management Fellowship are— (1) to provide on-the-job training, professional mentoring, and educational opportunities in coastal management and policy to qualified individuals as described in section 5; (2) to direct essential workforce assistance to coastal States to support coastal management efforts, including building local-level capacity to adapt to coastal vulnerabilities; and (3) to encourage the next generation of coastal professionals to engage in public service work to help the United States better manage coastal resources and protect coastal communities.", "id": "idd2c1b98641214478a72a21329a811a1a", "header": "Establishment of Coastal Management Fellowship" }, { "text": "4. Establishment of Digital Coast Fellowship \n(a) In general \nThere is established a fellowship program, to be known as the Digital Coast Fellowship. (b) Purposes \nThe purposes of the Digital Coast Fellowship are— (1) to provide on-the-job training, professional mentoring, and educational opportunities in coastal management and policy to qualified individuals as described in section 5; (2) to provide assistance to coastal States and partner organizations to help advance the goals of the Digital Coast program established under section 4 of the Digital Coast Act ( 16 U.S.C. 1467 ); and (3) to encourage the next generation of coastal professionals to engage in public service work to help the United States better manage coastal resources and protect coastal communities.", "id": "id0b16f35c419a4994a22f8aa72258045f", "header": "Establishment of Digital Coast Fellowship" }, { "text": "5. Fellowships \n(a) In general \nThe Secretary shall award fellowships under the Coastal Management Fellowship and the Digital Coast Fellowship in accordance with this section. (b) Qualifications \n(1) In general \nThe Secretary shall award fellowships under this section to individuals selected from among individuals who— (A) have successfully completed a covered degree or will complete a covered degree before the start of the fellowship; and (B) have demonstrated— (i) an interest in pursuing a career in coastal or marine— (I) science; (II) policy; (III) management; or (IV) law; (ii) outstanding potential for such a career; (iii) leadership potential or experience; (iv) a commitment to or significant interest in public service; (v) proficient skills in writing and oral communication; and (vi) such other attributes as the Secretary determines appropriate. (2) Definition of covered degree \nIn this subsection, the term covered degree means a graduate degree from an accredited United States institution, the curriculum for which covers topics relevant to coastal management, as determined by the Secretary. (c) Requirement of geographic balance \nThe Secretary shall award fellowships under this section in a manner that is geographically balanced. (d) Term of fellowship \nA fellowship awarded under this section shall be for a term of not more than 2 years. (e) Stipend \n(1) In general \nEach fellow shall receive an annual stipend of not less than $47,000, which the Secretary shall regularly review and periodically adjust, as determined appropriate by the Secretary— (A) to be commensurate with other similar fellowships; and (B) to account for changes in cost of living and inflation. (2) Locality pay \nThe Secretary shall include a pay adjustment as part of the stipends described in paragraph (1) that is comparable to the locality pay adjustment for the locality pay area in which the host office of the fellow is located, as determined under section 531.603 of title 5, Code of Federal Regulations (or any successor regulation). (f) Status of fellows \nExcept as provided in subsection (h)(3), fellows shall not be considered to be Federal employees. (g) Direct hire authority \n(1) In general \nDuring fiscal year 2022 and any fiscal year thereafter, the head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a candidate who meets the qualifications described in paragraph (2) directly to a position with the Federal agency for which the candidate meets Office of Personnel Management qualification standards. (2) Qualifications \nParagraph (1) applies with respect to a former fellow who has successfully fulfilled the requirements of the fellowship. (3) Limitation \nThe direct hire authority under paragraph (1) shall be exercised with respect to a specific qualified candidate not later than 2 years after the date on which the candidate completed a fellowship awarded under this section. (h) Use of funds \nAmounts authorized to be appropriated under section 6 shall be used for— (1) the award of fellowships under this section, including stipends paid to fellows and other relevant benefits offered to fellows, including health insurance, as identified by the Secretary; (2) administrative costs associated with the Coastal Management Fellowship and the Digital Coast Fellowship; (3) relocation and travel expenses paid to fellows, who shall be considered to be Federal employees for purposes of section 3375 of title 5, United States Code; (4) professional development opportunities for fellows, including costs associated with trainings, certifications, classes, or other opportunities to advance— (A) the professional skills of each fellow; or (B) the ability of each fellow to support the needs of the host office; and (5) such other costs of the Coastal Management Fellowship and the Digital Coast Fellowship as the Secretary may identify.", "id": "idfcd1703963e448fba4de5695a871bd97", "header": "Fellowships" }, { "text": "6. Authorization of appropriations \nThere is authorized to be appropriated to the Secretary for the uses described in section 5(h) $1,910,000 for each of fiscal years 2023 through 2027.", "id": "idC16D5854FD6D405099F7625E9F71E968", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Quality Care for Nursing Home Residents and Workers During COVID–19 Act.", "id": "S1", "header": "Short title" }, { "text": "2. Improving quality of care in skilled nursing facilities and nursing facilities during COVID–19 emergency period \n(a) Medicare \nSection 1819 of the Social Security Act ( 42 U.S.C. 1395i–3 ) is amended by adding at the end the following new subsection: (k) Additional requirements during certain public health emergency \n(1) Skilled nursing facilities \n(A) In general \nDuring the portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subsection, a skilled nursing facility shall comply with the quality of care requirements described in subparagraph (B), the worker safety requirements described in subparagraph (C), and the transparency requirements described in subparagraph (D). (B) Quality of care requirements \nThe quality of care requirements described in this subparagraph are each of the following: (i) Employ, on a full-time basis, an infection preventionist who— (I) has primary professional training in nursing, medical technology, microbiology, epidemiology, or other related field; (II) is qualified by education, training, experience or certification; and (III) has completed specialized training in infection prevention and control. (ii) In the case of a resident who elects to reside with a family member of such resident for any portion of the emergency period described in subparagraph (A), guarantee the right of such resident to resume residency in the facility at any time during the 180-day period immediately following the end of such emergency period. (iii) Notwithstanding subparagraphs (A) and (B) of subsection (c)(2), permit a resident to remain in the facility and not discharge or transfer the resident from the facility unless— (I) the State survey agency approves the discharge or transfer; (II) in the case of a transfer, the transfer is to a facility dedicated to the care of residents who have been diagnosed with COVID–19 if the resident has been diagnosed with COVID–19, or a facility dedicated to the care of residents who have not been diagnosed with COVID–19 if the resident has not been diagnosed with COVID–19; (III) before effecting the discharge or transfer, the facility records the reasons in the resident’s clinical record; (IV) at least 72 hours in advance of the discharge or transfer, the facility provides a notice of the discharge or transfer to the resident (or legal representative of the resident, if applicable), including the reasons therefor and the items described in clause (iii) of subsection (c)(2)(B); and (V) the resident (or legal representative of the resident, if applicable) acknowledges receipt of the notice described in subclause (IV) and provides written consent to the discharge or transfer. (iv) Test (on a weekly basis) each resident for COVID–19, or, in the case that the facility does not have a sufficient number of testing kits for COVID–19, screen each resident for symptoms of COVID–19 and report (on a daily basis until the facility has a sufficient number of such testing kits) to the State survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits. (v) Ensure there is an adequate number of employees to assist residents in communicating with family members and friends through phone calls, e-mail, and virtual communications on at least a weekly basis, without regard to whether a resident has been diagnosed with COVID–19. (C) Worker safety requirements \nThe worker safety requirements described in this subparagraph are each of the following: (i) In the case the facility is not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under section 18(c) of such Act), comply with the Bloodborne Pathogens standard under section 1910.1030 of title 29, Code of Federal Regulations (or a successor regulation). (ii) In the case of a predicted shortage of personal protective equipment, report such predicted shortage to the State health department of the State in which the facility is located at least 24 hours in advance of when such predicted shortage is expected to occur. (iii) Educate each employee on the transmission of COVID–19. (iv) Notwithstanding any other provision of law, provide at least two weeks of paid sick leave to each employee. (v) Before each employee’s shift, test the employee for COVID–19, or, in the case that the facility does not have a sufficient number of testing kits for COVID–19, screen each employee for symptoms of COVID–19 and report (on a daily basis until the facility has a sufficient number of such testing kits) to the State survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits. (D) Transparency requirements \nThe transparency requirements described in this subparagraph are each of the following: (i) Report (on a daily basis) to the State survey agency, the Centers for Medicare & Medicaid Services, and the Centers for Disease Control and Prevention each of the following: (I) The number of confirmed and suspected cases COVID–19 among residents and staff, including the age and race or ethnicity of such residents and staff. (II) The number of deaths related to COVID–19 among residents and staff, including the age and race or ethnicity of such residents and staff. (III) The total number of deaths (without regard to whether a death is related to COVID–19) among residents and staff. (IV) The amount of personal protective equipment available and any projected need regarding such equipment. (V) Information on staffing levels that would otherwise be required to be submitted through the Payroll-Based Journal of the Centers for Medicare & Medicaid Services. (VI) The number of residents and staff who have been tested for COVID–19. (ii) In the case that a resident or employee is diagnosed with COVID–19 or dies as a result of COVID–19, notify all residents, legal representatives of residents, and employees not later than 12 hours after such diagnosis is made or such death occurs. (iii) At any time three or more residents or employees have newly onset COVID–19 symptoms, notify all residents, legal representatives of residents, and employees not later than 72 hours after such three or more residents or employees are known to the facility. (iv) In the case that a resident or employee is suspected to have or is diagnosed with COVID–19, post a notice of such suspicion or diagnosis at each entrance of the facility for the remaining portion of the emergency period described in subparagraph (A). (v) For each day of the portion of the emergency period described in subparagraph (A), post a notice at each entrance of the facility with the information required under subsection (b)(8) for such day. (2) States and Federal Government \n(A) Public availability of information \n(i) In general \nAs soon as possible, but not later than 24 hours after receiving any information required under paragraph (1)(D)(i), the Administrator of the Centers for Medicare & Medicaid Services, in coordination with the Director of the Centers for Disease Control and Prevention, shall make such information publicly available on the Nursing Home Compare website of the Centers for Medicare & Medicaid Services and the COVIDView website of the Centers for Disease Control and Prevention. (ii) HIPAA compliant information only \nInformation may only be made publicly available under clause (i) if the disclosure of such information would otherwise be permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (B) Designation of COVID–19 facilities \nFor purposes of paragraph (1)(B)(iii)(II)— (i) the Administrator of the Centers for Medicare & Medicaid Services shall specify criteria (which shall include the provision of the services of a registered nurse on a 24-hours basis) for each State survey agency to carry out the designation requirement described in clause (ii) with respect to skilled nursing facilities; and (ii) each State survey agency shall designate a skilled nursing facility in the State as a facility dedicated to the care of residents who have been diagnosed with COVID–19 if such facility meets the criteria specified by the Administrator under clause (i). (C) Remote monitoring and surveys \nA State survey agency shall— (i) remotely monitor all skilled nursing facilities with at least one resident or employee who has been diagnosed with COVID–19; (ii) in addition to surveys required under subsection (g), conduct a survey of a skilled nursing facility, in the same manner and subject to the same requirements applicable to standard surveys conducted under subsection (g), if the facility has a ratio of the number of deaths resulting from COVID–19 to the number of COVID–19 diagnoses that exceeds 5 percent, or the State survey agency receives a COVID–19 or staffing related immediate jeopardy complaint regarding the facility; and (iii) ensure that each survey team that conducts a survey under clause (ii) has adequate personal protective equipment while conducting such survey. (3) Civil money penalties \nThe Secretary shall impose a civil money penalty against the operators of a skilled nursing facility in an amount equal to $10,000 per day for each violation of a requirement described in subparagraph (B), (C), or (D) of paragraph (1) or the reporting of false information under clause (i) of such subparagraph (D). The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).. (b) Medicaid \nSection 1919 of the Social Security Act ( 42 U.S.C. 1396r ) is amended by adding at the end the following new subsection: (k) Additional requirements during certain public health emergency \n(1) Nursing facilities \n(A) In general \nDuring the portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subsection, a nursing facility shall comply with the quality of care requirements described in subparagraph (B), the worker safety requirements described in subparagraph (C), and the transparency requirements described in subparagraph (D). (B) Quality of care requirements \nThe quality of care requirements described in this subparagraph are each of the following: (i) Employ, on a full-time basis, an infection preventionist who— (I) has primary professional training in nursing, medical technology, microbiology, epidemiology, or other related field; (II) is qualified by education, training, experience or certification; and (III) has completed specialized training in infection prevention and control. (ii) In the case of a resident who elects to reside with a family member of such resident for any portion of the emergency period described in subparagraph (A), guarantee the right of such resident to resume residency in the facility at any time during the 180-day period immediately following the end of such emergency period. (iii) Notwithstanding subparagraphs (A) and (B) of subsection (c)(2), permit a resident to remain in the facility and not discharge or transfer the resident from the facility unless— (I) the State survey agency approves the discharge or transfer; (II) in the case of a transfer, the transfer is to a facility dedicated to the care of residents who have been diagnosed with COVID–19 if the resident has been diagnosed with COVID–19, or a facility dedicated to the care of residents who have not been diagnosed with COVID–19 if the resident has not been diagnosed with COVID–19; (III) before effecting the discharge or transfer, the facility records the reasons in the resident’s clinical record; (IV) at least 72 hours in advance of the discharge or transfer, the facility provides a notice of the discharge or transfer to the resident (or legal representative of the resident, if applicable), including the reasons therefor and the items described in clause (iii) of subsection (c)(2)(B); and (V) the resident (or legal representative of the resident, if applicable) acknowledges receipt of the notice described in subclause (IV) and provides written consent to the discharge or transfer. (iv) Test (on a weekly basis) each resident for COVID–19, or, in the case that the facility does not have a sufficient number of testing kits for COVID–19, screen each resident for symptoms of COVID–19 and report (on a daily basis until the facility has a sufficient number of such testing kits) to the State survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits. (v) Ensure there is an adequate number of employees to assist residents in communicating with family members and friends through phone calls, e-mail, and virtual communications on at least a weekly basis, without regard to whether a resident has been diagnosed with COVID–19. (C) Worker safety requirements \nThe worker safety requirements described in this subparagraph are each of the following: (i) In the case the facility is not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under section 18(c) of such Act), comply with the Bloodborne Pathogens standard under section 1910.1030 of title 29, Code of Federal Regulations (or a successor regulation). (ii) In the case of a predicted shortage of personal protective equipment, report such predicted shortage to the State health department of the State in which the facility is located at least 24 hours in advance of when such predicted shortage is expected to occur. (iii) Educate each employee on the transmission of COVID–19. (iv) Notwithstanding any other provision of law, provide at least two weeks of paid sick leave to each employee. (v) Before each employee’s shift, test the employee for COVID–19, or, in the case that the facility does not have a sufficient number of testing kits for COVID–19, screen each employee for symptoms of COVID–19 and report (on a daily basis until the facility has a sufficient number of such testing kits) to the State survey agency that the facility does not have a sufficient number of such testing kits and what steps the facility is taking to procure a sufficient number of such testing kits. (D) Transparency requirements \nThe transparency requirements described in this subparagraph are each of the following: (i) Report (on a daily basis) to the State survey agency, the Centers for Medicare & Medicaid Services, and the Centers for Disease Control and Prevention each of the following: (I) The number of confirmed and suspected cases COVID–19 among residents and staff, including the age and race or ethnicity of such residents and staff. (II) The number of deaths related to COVID–19 among residents and staff, including the age and race or ethnicity of such residents and staff. (III) The total number of deaths (without regard to whether a death is related to COVID–19) among residents and staff. (IV) The amount of personal protective equipment available and any projected need regarding such equipment. (V) Information on staffing levels that would otherwise be required to be submitted through the Payroll-Based Journal of the Centers for Medicare & Medicaid Services. (VI) The number of residents and staff who have been tested for COVID–19. (ii) In the case that a resident or employee is diagnosed with COVID–19 or dies as a result of COVID–19, notify all residents, legal representatives of residents, and employees not later than 12 hours after such diagnosis is made or such death occurs. (iii) At any time three or more residents or employees have newly onset COVID–19 symptoms, notify all residents, legal representatives of residents, and employees not later than 72 hours after such three or more residents or employees are known to the facility. (iv) In the case that a resident or employee is suspected to have or is diagnosed with COVID–19, post a notice of such suspicion or diagnosis at each entrance of the facility for the remaining portion of the emergency period described in subparagraph (A). (v) For each day of the portion of the emergency period described in subparagraph (A), post a notice at each entrance of the facility with the information required under subsection (b)(8) for such day. (2) States and Federal Government \n(A) Public availability of information \n(i) In general \nAs soon as possible, but not later than 24 hours after receiving any information required under paragraph (1)(D)(i), the Administrator of the Centers for Medicare & Medicaid Services, in coordination with the Director of the Centers for Disease Control and Prevention, shall make such information publicly available on the Nursing Home Compare website of the Centers for Medicare & Medicaid Services and the COVIDView website of the Centers for Disease Control and Prevention. (ii) HIPAA compliant information only \nInformation may only be made publicly available under clause (i) if the disclosure of such information would otherwise be permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (B) Designation of COVID–19 facilities \nFor purposes of paragraph (1)(B)(iii)(II)— (i) the Administrator of the Centers for Medicare & Medicaid Services shall specify criteria (which shall include the provision of the services of a registered nurse on a 24-hours basis) for each State survey agency to carry out the designation requirement described in clause (ii) with respect to nursing facilities; and (ii) each State survey agency shall designate a nursing facility in the State as a facility dedicated to the care of residents who have been diagnosed with COVID–19 if such facility meets the criteria specified by the Administrator under clause (i). (C) Remote monitoring and surveys \nA State survey agency shall— (i) remotely monitor all nursing facilities with at least one resident or employee who has been diagnosed with COVID–19; (ii) in addition to surveys required under subsection (g), conduct a survey of a nursing facility, in the same manner and subject to the same requirements applicable to standard surveys conducted under subsection (g), if the facility has a ratio of the number of deaths resulting from COVID–19 to the number of COVID–19 diagnoses that exceeds 5 percent, or the State survey agency receives a COVID–19 or staffing related immediate jeopardy complaint regarding the facility; and (iii) ensure that each survey team that conducts a survey under clause (ii) has adequate personal protective equipment while conducting such survey. (3) Civil money penalties \nThe Secretary shall impose a civil money penalty against the operators of a nursing facility in an amount equal to $10,000 per day for each violation of a requirement described in subparagraph (B), (C), or (D) of paragraph (1) or the reporting of false information under clause (i) of such subparagraph (D). The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a)..", "id": "H46312042FD744F04902CA30527D3BC39", "header": "Improving quality of care in skilled nursing facilities and nursing facilities during COVID–19 emergency period" }, { "text": "3. Funding for State strike teams for resident and employee safety in skilled nursing facilities and nursing facilities \n(a) In general \nOf the amounts made available under subsection (c), the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall allocate such amounts among the States, in a manner that takes into account the percentage of skilled nursing facilities and nursing facilities in each State that have residents or employees who have been diagnosed with COVID–19, for purposes of establishing and implementing strike teams in accordance with subsection (b). (b) Use of funds \nA State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility or nursing facility in the State, not later than 72 hours after three or more residents or employees of the facility are diagnosed with or suspected of having COVID–19, to assist the facility in separating residents and employees who have been exposed to COVID–19 from those residents and employees who have not been so exposed, supervising testing for COVID–19, ensuring any applicable whistleblower protections are being enforced, and such other needs as determined necessary by the strike team. Such strike team shall include members of the National Guard, public health officials from State and local health departments, experts in geriatrics and long-term care medicine, representatives of residents or consumers, and representatives of workers. (c) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated $500,000,000. (d) Definitions \nIn this section: (1) Nursing facility \nThe term nursing facility means a nursing facility under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.). (2) Skilled nursing facility \nThe term skilled nursing facility means a skilled nursing facility under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.).", "id": "H70758C88C8524C07ADEC4F7C75FD482A", "header": "Funding for State strike teams for resident and employee safety in skilled nursing facilities and nursing facilities" }, { "text": "4. Reinstitution of requirements waived for skilled nursing facilities and nursing facilities during COVID–19 emergency period \n(a) In general \nWith respect to requirements that the Administrator of the Centers for Medicare & Medicaid Services (referred to in this section as the Administrator ) waived for skilled nursing facilities and nursing facilities under section 1135 or 1812(f) of the Social Security Act ( 42 U.S.C. 1320b–5 , 1395d(f)) for the period beginning on March 1, 2020, and ending on the last day of the emergency period defined in subsection (g)(1)(B) of such section 1135, the Administrator shall terminate the waiver of such requirements before the last day of such emergency period upon the determination that skilled nursing facilities and nursing facilities have the capacity to comply with such requirements and that such waiver is no longer necessary. (b) Plan for conducting waived or postponed surveys \nWith respect to any survey under section 1819(g) or 1919(g) of the Social Security Act ( 42 U.S.C. 1395i–3(g) , 1396r(g)) that is waived or postponed during the period beginning on March 1, 2020, and ending on the last day of the emergency period described in subsection (a), the Administrator shall develop a plan for conducting such survey after such last day. (c) Training and certification of nurse aides \nWith respect to any nurse aide with respect to whom the Administrator waived the application of the requirements under section 483.35(d) of title 42, Code of Federal Regulations, for the period beginning on March 1, 2020, and ending on the last day of the emergency period described in subsection (a), the Administrator shall prohibit the skilled nursing facility or nursing facility employing such nurse aide from retaining such nurse aide after such last day unless such nurse aide satisfies applicable training and certification requirements under such section not later than 15 days after such last day. (d) Definitions \nIn this section: (1) Nursing facility \nThe term nursing facility means a nursing facility under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.). (2) Skilled nursing facility \nThe term skilled nursing facility means a skilled nursing facility under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.).", "id": "HB243B109DB714B35B7D13540FDE8627B", "header": "Reinstitution of requirements waived for skilled nursing facilities and nursing facilities during COVID–19 emergency period" }, { "text": "5. Guidance for certain residential care facilities during COVID–19 emergency period \nNot later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall issue guidance for long-term health care facilities, including assisted living facilities, other residential care facilities, and such facilities that are temporary during the emergency period defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ), that are not subject to oversight by the Centers for Medicare & Medicaid Services on providing access to virtual visitation during any portion of such emergency period in which in-person visitation is restricted and ensuring appropriate infection control and prevention and employee safety during such emergency period. Such guidance shall include— (1) steps that health care facilities described in this subsection should take to provide residents with access to virtual visitation, including through the purchase or installation of devices purchased for the use or benefit of individual or multiple residents, that allows residents to communicate with their families during such emergency period; (2) options for such facilities in notifying residents and resident representatives of such access to virtual visitation and how the facility is addressing any operational issues related to such access to virtual visitation; and (3) steps that health care facilities described in this subsection should take to provide residents and employees with appropriate infection control and prevention, based on requirements for skilled nursing facilities under subsection (k) of section 1819 of the Social Security Act ( 42 U.S.C. 1395i–3 ), as added by section 2(a), and requirements for nursing facilities under subsection (k) of section 1919 of such Act ( 42 U.S.C. 1396r ), as added by section 2(b).", "id": "HDB0ABBED8CF841F2BFA6E063F79B8344", "header": "Guidance for certain residential care facilities during COVID–19 emergency period" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Stewarding Atlantic Fisheries Ecosystems by Supporting Economic Assistance and Sustainability Act of 2022 or the SAFE SEAS Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The North Atlantic right whale is critically endangered, with estimates suggesting fewer than 350 remain, including fewer than 100 breeding females. (2) Harvesters in the North Atlantic have taken previous actions to protect whales, including by implementing weak links, replacing thousands of miles of floating ground line with whale-safe sinking line, and increasing the minimum number of traps per trawl to remove thousands of miles of vertical buoy lines. (3) Seventeen North Atlantic right whale mortalities were observed in 2017, including many determined to have been caused by vessel strikes and entanglements, leading to a declaration of a right whale Unusual Mortality Event. (4) The Department of Commerce has issued regulations revising the Atlantic Large Whale Take Reduction Plan under section 229.32 of title 50, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act) that require lobster and Jonah crab harvesters to make gear modifications. (5) Implementing the federally required gear modifications, including markings, is estimated to cost the industry tens of millions of dollars per year. (6) The fishing industry is a vital driver of regional economies, supporting our coastal communities and stewarding natural resources.", "id": "idb7a357ae47ff4ce5869573ccfb39670c", "header": "Findings" }, { "text": "3. Grant assistance for lobster and Jonah crab harvester gear modification \n(a) Purposes \nThe purposes of this section are to— (1) protect the highly endangered North Atlantic right whale population; (2) facilitate lobster and Jonah crab harvesters’ transition to modified and new gear types in accordance with the Atlantic Large Whale Take Reduction Plan; (3) assist lobster and Jonah crab harvesters with the financial burden of this transition; and (4) assist compliance with any subsequent modifications to the Atlantic Large Whale Take Reduction Plan in any future impacted fisheries. (b) Program authorized \n(1) In general \nThe Secretary of Commerce (referred to in this section as the Secretary ), in coordination with the Atlantic States Marine Fisheries Commission, shall provide grants to States from allotments under paragraph (2) to enable the States to assist lobster and Jonah crab harvesters with the costs of gear modifications, including markings, in accordance with the Atlantic Large Whale Take Reduction Plan. (2) Allotments \n(A) In general \nExcept as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State in proportion to the number of active federally permitted lobster trap harvesters in each State. For purposes of this subparagraph, a federally permitted lobster trap harvester is considered in a State if the Principal Port in the Federal permit application of the lobster trap harvester is in such State. (B) Minimum \nFrom the total amount available for any fiscal year to carry out this section, each State with not less than 20 active federally permitted lobster trap harvesters shall be allotted not less than 4 percent of the total amount. (3) Application \nA State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (4) Allowable uses \nA State that receives a grant under this section shall use the grant funds— (A) to assist State-permitted and federally permitted lobster and Jonah crab harvesters with management measures needed to comply with the Atlantic Large Whale Take Reduction Plan, including the costs of federally required gear modification, configuration, and marking within the Northeast lobster and Jonah crab fisheries, including requirements to modify gear marking, change gear configurations to increase traps fished on trawls, or modify buoy lines to accommodate new weak rope and weak insertions; (B) to implement electronic tracking requirements within the American lobster and Jonah crab fishery; (C) to conduct research to inform future management actions, including in preparation for potential subsequent modifications to the Atlantic Large Whale Take Reduction Plan; and (D) to assist fishery compliance with any subsequent modifications to the Atlantic Large Whale Take Reduction Plan, as necessary. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 and 2024.", "id": "id3c941f750c0045c5b835ae8c2d9f6fe8", "header": "Grant assistance for lobster and Jonah crab harvester gear modification" } ]

[ { "text": "1. NEPA review of geothermal exploration or development activities \n(a) In general \nSection 390(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(b) ) is amended by adding at the end the following: (6) Conversion of an oil or gas well to a geothermal well.. (b) Geothermal Steam Act of 1970 \nThe Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. NEPA review of geothermal exploration or development activities \n(a) In general \nAction by the Secretary in managing land subject to geothermal leasing under this Act with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (referred to in this section as NEPA ) would apply if the activity is conducted pursuant to this Act for the purpose of exploration or development of geothermal resources. (b) Activities described \nThe activities referred to in subsection (a) are the following: (1) Individual surface disturbances of less than 5 acres, on the condition that— (A) the total surface disturbance on the lease is not greater than 150 acres; and (B) site-specific analysis in a document prepared pursuant to NEPA has been previously completed. (2) Drilling a geothermal well at a location or well pad site at which drilling has occurred during the 5-year period preceding the date of spudding the well. (3) Drilling a geothermal well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed the drilling as a reasonably foreseeable activity, on the condition that the land use plan or environmental document was approved during the 5-year period preceding the date of spudding the well. (4) Placement of a pipeline or transmission line in an approved right-of-way corridor, on the condition that the corridor was approved during the 5-year period preceding the date of placement of the pipeline or transmission line. (5) Maintenance of a minor activity, other than any construction or major renovation of a building or facility. (6) Conversion of an oil or gas well to a geothermal well..", "id": "idA8B1A58E503D49DCAB095FABB6C65F21", "header": "NEPA review of geothermal exploration or development activities" }, { "text": "30. NEPA review of geothermal exploration or development activities \n(a) In general \nAction by the Secretary in managing land subject to geothermal leasing under this Act with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (referred to in this section as NEPA ) would apply if the activity is conducted pursuant to this Act for the purpose of exploration or development of geothermal resources. (b) Activities described \nThe activities referred to in subsection (a) are the following: (1) Individual surface disturbances of less than 5 acres, on the condition that— (A) the total surface disturbance on the lease is not greater than 150 acres; and (B) site-specific analysis in a document prepared pursuant to NEPA has been previously completed. (2) Drilling a geothermal well at a location or well pad site at which drilling has occurred during the 5-year period preceding the date of spudding the well. (3) Drilling a geothermal well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed the drilling as a reasonably foreseeable activity, on the condition that the land use plan or environmental document was approved during the 5-year period preceding the date of spudding the well. (4) Placement of a pipeline or transmission line in an approved right-of-way corridor, on the condition that the corridor was approved during the 5-year period preceding the date of placement of the pipeline or transmission line. (5) Maintenance of a minor activity, other than any construction or major renovation of a building or facility. (6) Conversion of an oil or gas well to a geothermal well.", "id": "idE406409585E94BEFA560B626A793B007", "header": "NEPA review of geothermal exploration or development activities" } ]

[ { "text": "1. Notification with respect to potentially harmful devices \nSection 518(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360h(a) ) is amended by adding at the end the following: (3) (A) This paragraph applies in the event that the Secretary— (i) determines that a device meets the conditions described in paragraph (1), but there are no more practicable means available under the provisions of this Act (other than this section) to eliminate the risk described in paragraph (1), and the notification described in paragraph (2) will not provide a timely and practicable means to eliminate such risk; or (ii) otherwise determines that it is necessary to notify the public about an emerging signal concerning a device in order to reduce or limit the number of patients exposed to a potential risk identified based on an emerging signal. (B) For purposes of this paragraph, the term emerging signal mean new information about a marketed device— (i) that supports a new causal association or a new aspect of a known association between a device and an adverse event or set of adverse events; and (ii) for which the Secretary has conducted an initial evaluation and determined that the information has the potential to impact patient management decisions or the known benefit-risk profile of the device. (C) In considering and taking actions under this section, the Secretary shall— (i) to the extent possible, rely solely on valid scientific evidence; and (ii) in any event, base its actions on credible scientific evidence, such that information that is unconfirmed, unreliable, or lacks sufficient strength of evidence shall not constitute an emerging signal or otherwise provide a basis for notification. (D) In the circumstances described in subparagraph (A), the Secretary may issue a public notification subject to the following procedures: (i) Any public notification under this paragraph shall include a description of the device or devices to which the notification applies, and shall reflect a totality of the evidence on which the notification is based and information about the known benefits and risks of the device or devices, including information available from the manufacturer or manufacturers. (ii) To the extent credible scientific evidence is presented to the Secretary that contradicts or modifies the information that serves as a potential basis for a notification, the Secretary shall include such scientific evidence in the public notification in a manner that provides the intended audience with a complete understanding of the overall nature of information concerning the potential risk. (iii) Prior to issuance of the public notification, the Secretary shall— (I) inform the manufacturer or manufacturers of the device or devices at issue, and provide the manufacturers the credible scientific evidence that is the basis for considering a public notification and the Secretary’s initial evaluation of such evidence as described in subparagraph (B)(ii); (II) to the extent the Secretary determines that any of the credible scientific evidence described in subclause (I) cannot be provided to manufacturers because such evidence constitutes confidential commercial information or trade secret information, the Secretary shall provide the manufacturers of the device or devices at issue with a description of the withheld evidence to the extent permissible by law and also generally describe the basis for withholding such evidence; and (III) provide the manufacturers of the device or devices at issue an adequate opportunity to comment as to the nature of the potential risk and the manner and content of an applicable notification, to share information about the potential risk, and to offer recommendations as to the form and content of the proposed notification, including consideration of alternative forms of notification and risk mitigation, and the Secretary shall consider such input from the manufacturers before issuing a public notification. (iv) Provide periodic and timely updates to the notification based on new information or contrary information, including affirmative notice in the event that the emerging signal or other source of potential risk has been determined not to apply or has otherwise been resolved or mitigated, such that no additional actions are required. Information provided by manufacturers subsequent to the initial public notification should be considered by the Secretary for purposes of providing updates. (v) With regard to information provided by manufacturers, the Secretary shall inform such manufacturers how such information affects or alters the Secretary’s initial evaluation and whether the notification will be updated or rescinded as a result of such information. (vi) At least every 6 months after issuance, the Secretary shall evaluate current credible scientific evidence to determine if a public notification should be rescinded, and if such determination is made, promptly provide notice of the rescission to the same audience and in the same manner as the original notification. (E) Not later than September 30, 2023, the Secretary shall revise the Food and Drug Administration guidance titled Public Notification of Emerging Postmarket Medical Device Signals ( Emerging Signals ) , to conform with this subsection. (F) Not later than September 30, 2023, 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 regarding how patients, providers, and the public interpret and comprehend risk-related information provided or ordered by the Secretary relating to devices, including reports under this section, notifications concerning recalls, and notifications concerning adverse events, and whether the relative level of risk and appropriate mitigation for such risk are adequately understood. (G) To the extent the Secretary seeks to rely on data, analysis, or other information or findings provided by third parties that has been funded in whole or in part by, or otherwise performed under contract with, the Food and Drug Administration in making significant decisions concerning devices or considering issuance of orders under this section or section 522, the Secretary shall— (i) obtain access to the raw datasets, inputs, clinical or other assumptions, methods, analytical code, results, and other components underlying or comprising the analysis, conclusions or other findings upon which the Secretary seeks to rely; and (ii) in the event a significant decision is made, or an order under this section or section 522 is under consideration, in reliance on such information or findings, provide the manufacturer or manufacturers subject to such decision or order the information or findings, including the underlying information described in paragraph (1), except that any such underlying information that the Secretary determines to be confidential commercial information or trade secret information may be withheld but shall be described to the manufacturer or manufacturers to the extent permissible by law..", "id": "S1", "header": "Notification with respect to potentially harmful devices" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Extending Government Funding and Delivering Emergency Assistance Act.", "id": "HF6B1916C41C349F787E26E6288CEDCCE", "header": "Short title" }, { "text": "2. Table of Contents \nSec. 1. Short Title Sec. 2. Table of Contents. Sec. 3. References. Division A—Continuing Appropriations Act, 2022 Division B—Disaster Relief Supplemental Appropriations Act, 2022 Division C—Afghanistan Supplemental Appropriations Act, 2022 Division D—Other Matters Title I—Extensions, Technical Corrections, and Other Matters Title II—Budgetary Effects", "id": "HA55635FB49CA488BA9D655D11F282038", "header": "Table of Contents" }, { "text": "3. References \nExcept as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division.", "id": "HBF8C11ECB7E1485DB797E2DDB3B35E88", "header": "References" }, { "text": "The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2022, and for other purposes, namely:", "id": "H20E928E6CF4048F695F4471590B9AE05", "header": null }, { "text": "101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2021 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2021, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021 (division A of Public Law 116–260 ), except section 799D, and including title IV of division O of Public Law 116–260. (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 (division B of Public Law 116–260 ), except the proviso in section 541 and sections 542 and 543. (3) The Department of Defense Appropriations Act, 2021 (division C of Public Law 116–260 ). (4) The Energy and Water Development and Related Agencies Appropriations Act, 2021 (division D of Public Law 116–260 ), except the last proviso under the heading Department of Energy—Energy Programs—Science , the last two provisos under the heading Department of Energy—Energy Programs—Title 17 Innovative Technology Loan Guarantee Program , and the two provisos under the heading Department of Energy—Energy Programs—Advanced Technology Vehicles Manufacturing Loan Program. (5) The Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ), except the matter under the heading Presidential Transition Administrative Support in title II, the matter under the heading General Services Administration—Expenses, Presidential Transition in title V, the proviso and the amount specified in such proviso under the heading District of Columbia—Federal Funds—Federal Payment for Emergency Planning and Security Costs in the District of Columbia in title IV, and title IX. (6) The Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ), except section 538, and including sections 101 through 103 and section 105 of title I of division O of Public Law 116–260. (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021 (division G of Public Law 116–260 ). (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021 (division H of Public Law 116–260 ), except sections 118 and 533. (9) The Legislative Branch Appropriations Act, 2021 (division I of Public Law 116–260 ), except sections 211 and 213, and including section 7 of Public Law 116–260. (10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021 (division J of Public Law 116–260 ), except sections 514, 515, and 517. (11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ), except title IX other than sections 9001 and 9002 and the matter preceding the first proviso and the first proviso under the heading Consular and Border Security Programs. (12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (division L of Public Law 116–260 ), except sections 420 and 421.", "id": "H14ED6AFE178442E78D42316AF51297B4", "header": null }, { "text": "102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2021 or prior years; (2) the increase in production rates above those sustained with fiscal year 2021 funds; or (3) The initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2021. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.", "id": "H166D53EB07B34CCCA02B845713BCC571", "header": null }, { "text": "103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act.", "id": "HA9357A4E25E943A9833819CF8F211C25", "header": null }, { "text": "104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2021.", "id": "H0412F8F1F315477DA67985425C8807C3", "header": null }, { "text": "105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act.", "id": "H4382974BBEE64896BC55AD237B6B2FD3", "header": null }, { "text": "106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2022, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2022 without any provision for such project or activity. (3) December 3, 2021.", "id": "H96D60A169F7D44B7A94F188C559333C3", "header": null }, { "text": "107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.", "id": "H25F977C853C84DDBAFB73291642F6066", "header": null }, { "text": "108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.", "id": "H8D619DCD82BF492A9CF60857B58AFCB4", "header": null }, { "text": "109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2022 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.", "id": "H118E2967C8CB43BD861EC2A1FD72CF28", "header": null }, { "text": "110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities.", "id": "H51BCB24219804CB7AA224CEEC59148BC", "header": null }, { "text": "111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2021, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2021, to be continued through the date specified in section 106(3). (b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2021 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.", "id": "HDCE13CFF0AEA4E30AC1BA0F4CE50E7C4", "header": null }, { "text": "112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2021, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.", "id": "H3EF16B8CA323433C89E0DD7863FD7468", "header": null }, { "text": "113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 ( 22 U.S.C. 2412 ), section 15 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2680 ), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( 22 U.S.C. 6212 ), and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 3094(a)(1) ).", "id": "H77ACB0DF53B74828AAABD9AF85AFFBEB", "header": null }, { "text": "114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress as an emergency requirement pursuant to section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, or as being for disaster relief pursuant to sections 4004(b)(6) and 4005(f) of such concurrent resolution, respectively. (b) All references to sections 251(b)(2)(B), 251(b)(2)(B)(ii)(III), 251(b)(2)(C), 251(b)(2)(C)(ii), 251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II), 251(b)(2)(F), and 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ) shall be treated for each amount incorporated by reference in this Act in the Senate as references to sections 4004(b)(1), 4004(b)(1)(B)(i), 4004(b)(3), 4004(b)(3)(B), 4004(b)(4), 4004(b)(4)(B), 4004(b)(5), 4004(b)(5)(B), respectively, of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and in the House of Representatives as references to sections 4005(a), 4005(a)(2)(A), 4005(c), 4005(c)(2), 4005(d), 4005(d)(2), 4005(e), 4005(e)(2)(A), respectively, of such concurrent resolution. (c) This section shall become effective immediately upon enactment of this Act, and shall remain in effect through the date in section 106(3).", "id": "HA7CCD55ABFCB4363B2192687DA1A9475", "header": null }, { "text": "115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)— (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or (2) which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of— (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or (2) the amount of balances available, as of October 1, 2021, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act. (c) No later than November 22, 2021, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided , That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2021, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request.", "id": "H22B1357EED0E4A42B48016A339591441", "header": null }, { "text": "116. Amounts made available by section 101 for Farm Service Agency—Agricultural Credit Insurance Fund Program Account may be apportioned up to the rate for operations necessary to accommodate approved applications for direct and guaranteed farm ownership loans, as authorized by 7 U.S.C. 1922 et seq.", "id": "H737B12FD923A4B81B9417AA282A73BC1", "header": null }, { "text": "117. Notwithstanding section 101, amounts are available to the Department of Agriculture for Rural Business—Cooperative Service—Rural Microentrepreneur Assistance Program for gross obligations for the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s ) not to exceed $25,000,000.", "id": "HC5A677F54CFB4F67A4F5BD7020373E66", "header": null }, { "text": "118. (a) In carrying out the Special Supplemental Nutrition Program for Women, Infants, and Children for the first quarter of fiscal year 2022, the Secretary of Agriculture shall increase the amount of a cash-value voucher to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation for women and children participants. (b) Amounts made available by section 101 to the Department of Agriculture for Domestic Food Programs-Food and Nutrition Service-Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) shall be apportioned at the rate for operations necessary to accommodate the increase described in subsection (a).", "id": "HB21C2AECB37C4FF9AD10697786C6DDBD", "header": null }, { "text": "119. Notwithstanding sections 102 and 104, in addition to amounts otherwise provided by section 101, amounts are provided to the Department of Defense for Procurement—Other Procurement, Air Force at a rate for operations of $885,000,000, for the procurement of equipment for the Strategic Microelectronic Supply program, and such amounts may be apportioned up to the rate for operations necessary to carry out such procurements.", "id": "H8281EA51A5F34DB3B5CF0067753A1840", "header": null }, { "text": "120. Amounts made available by section 101 to the Department of Defense for Procurement—Procurement, Defense-Wide may be apportioned up to the rate for operations necessary for the procurement of Military Global Positioning System User Equipment Increment 1 Application Specific Integrated Circuits.", "id": "H1CB49EFE7A13401FABAA58FECD34D1F5", "header": null }, { "text": "121. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for Research, Development, Test and Evaluation—Research, Development, Test and Evaluation, Air Force may be apportioned up to the rate of operations necessary for the acquisition of real property by the United States Government.", "id": "H2EF1E7BE0DC949ED8AAA218736673A18", "header": null }, { "text": "122. During the period covered by this Act, the limitation at section 2208(l)(3) of title 10, United States Code, shall not apply with respect to advance billing for orders for relief efforts related to the COVID–19 pandemic.", "id": "HE2D3B1A78D624C31A061555AC541EE62", "header": null }, { "text": "123. (a) Funding provided in prior Acts making appropriations for energy and water development and related agencies for fiscal years 2019, 2020, and 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources for carrying out section 4007 of Public Law 114–322 shall be made available, in accordance with that section and as recommended by the Secretary in a letter dated July 23, 2021, for the construction, pre-construction, or study of the North-of-the-Delta Off Stream Storage (Sites Reservoir Project), the Los Vaqueros Reservoir Phase 2 Expansion Project, the B.F. Sisk Dam Raise and Reservoir Expansion Project, and the Del Puerto Canyon Reservoir. (b) Funding provided in the Energy and Water Development and Related Agencies Appropriations Act, 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources for carrying out section 4009(a) of Public Law 114–322 shall be made available, in accordance with that section and as recommended by the Secretary in a letter dated July 23, 2021, for the North Pleasant Valley Desalter Facility, the Mission Basin Groundwater Purification Facility Well Expansion and Brine Minimization Project, the Los Robles Desalter Project, and the Regional Brackish Water Reclamation Program. (c) Funding provided in the Energy and Water Development and Related Agencies Appropriations Act, 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources for carrying out section 4009(c) of Public Law 114–322 shall be made available, in accordance with that section and as recommended by the Secretary in a letter dated July 23, 2021, for the El Paso Aquifer Storage and Recovery Using Reclaimed Water Project, the Pure Water Soquel: Groundwater Replenishment and Seawater Intrusion Prevention Project, the North San Diego Water Reuse Coalition Project, the Pure Water Oceanside Project, the City of Santa Fe Reuse Pipeline Project, the Replenish Big Bear Project, the Central Coast Blue: Recycled Water Project, the Harvest Water Program, the East County Advanced Water Purification Program: Phase Two, the Ventura Water Pure Program, and the San Juan Watershed Project.", "id": "HBDB4642A55DB4564A5B2AD61E85887E5", "header": null }, { "text": "124. (a) During the period covered by this Act, title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of Public Law 114–322 , shall be applied by substituting 2022 for 2021 each place it appears. (b) During the period covered by this Act, section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting 2022 for 2021. (c) During the period covered by this Act, section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) shall be applied by substituting 2022 for 2021. (d) During the period covered by this Act, section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) shall be applied by substituting 2022 for 2021.", "id": "H22CBDD0247EC48B5B8F53CC0901D1182", "header": null }, { "text": "125. (a) Notwithstanding section 101, section 506 of division D of Public Law 116–260 shall be applied by substituting $841,000,000 for $291,000,000. (b) Amounts provided by this Act for Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded in this appropriation. (c) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of the authority provided in subsection (b).", "id": "H3C619AC5C01D43C189C9C4CBCBD9F84C", "header": null }, { "text": "126. Notwithstanding section 101, amounts are provided for Executive Office of the President and Funds Appropriated to the President—The White House—Salaries and Expenses at a rate for operations of $60,000,000.", "id": "HC52AF3996806408294BEA5ED051FD7F9", "header": null }, { "text": "127. Notwithstanding section 101, amounts are provided for General Services Administration—Allowances and Office Staff for Former Presidents at a rate for operations of $5,000,000.", "id": "H0FB1CD60B84B4A3597E973A9892FAF47", "header": null }, { "text": "128. Amounts made available by section 101 for Small Business Administration—Business Loans Program Account may be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), for guarantees of trust certificates authorized by section 5(g) of the Small Business Act ( 15 U.S.C. 634(g) ), for commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 ( 15 U.S.C. 697 ), and for commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b) ).", "id": "H295860F786494180B92031D53FB63910", "header": null }, { "text": "129. Notwithstanding section 101, amounts are provided for District of Columbia—Federal Funds—Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia at a rate for operations of $249,754,000: Provided , That the second proviso under such heading in title IV of division E of Public Law 116–260 shall be applied by substituting $70,574,000 for $66,743,000.", "id": "H8BC2318B4B7E43789325A92B546E0098", "header": null }, { "text": "130. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds made available under the heading District of Columbia—District of Columbia Funds for such programs and activities under the District of Columbia Appropriations Act, 2021 (title IV of division E of Public Law 116–260 ) at the rate set forth in the Fiscal Year 2022 Local Budget Act of 2021 (D.C. Act 24–173), as modified as of the date of enactment of this Act.", "id": "H63B0D21F33034B7A8005E23570F6AAF2", "header": null }, { "text": "131. Section 330(e)(3) of title 11, United States Code, is amended by striking in that fiscal year at the end of the paragraph.", "id": "H0D9CCADB53E248A0B237A03AF74740A6", "header": null }, { "text": "132. In addition to amounts otherwise provided by section 101, an amount is provided to the Department of Homeland Security for U.S. Citizenship and Immigration Services—Operations and Support for application processing, the reduction of backlogs within asylum, field, and service center offices, and support of the refugee program at a rate for operations of $250,000,000: Provided , That such amounts shall be in addition to any other funds made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ): Provided further , That prior to the obligation of such resources, U.S. Citizenship and Immigration Services shall provide to the Committees on Appropriations of the Senate and the House of Representatives an expenditure plan that identifies backlog reduction metrics and quarterly reports on the execution of such plan.", "id": "HB947348311FF4FDB9ADA37368519A1FD", "header": null }, { "text": "133. Amounts made available by section 101 to the Department of Homeland Security under the heading Federal Emergency Management Agency—Disaster Relief Fund may be apportioned up to the rate for operations necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ).", "id": "H3FFC380B707E4BAFBCB8A6D47E100E49", "header": null }, { "text": "134. (a) Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2021. (b) If this Act is enacted after September 30, 2021, this section shall be applied as if it were in effect on September 30, 2021.", "id": "H23323E8E87A34482A94AA9B4F21F982D", "header": null }, { "text": "135. Amounts made available by section 101 for Department of the Interior—National Park Service—National Recreation and Preservation for heritage partnership programs may be used to provide financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2021, notwithstanding any statutory sunset provision terminating the Secretary’s authority to provide assistance to any such area and notwithstanding any limitation on amounts authorized to be appropriated with respect to any such area: Provided , That the Commission sunset provision in section 804(j) of division B of H.R. 5666 (Appendix D), as amended, as enacted into law by section 1(a)(4) of Public Law 106– 554, shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2021 : Provided further , That the authority in section 295D of Public Law 109–338 , as amended, shall continue in effect through the date specified in section 106(3) of this Act.", "id": "HEEAD1AD30A6644F29C79859FBC5E5F76", "header": null }, { "text": "136. Notwithstanding subsection (c)(2)(B) of section 200303 of title 54, United States Codes, during the period covered by this Act amounts made available from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of such section of such title shall be allocated by the Secretary of the Interior or the Secretary of Agriculture, as appropriate, only for the following agencies and accounts, for the purposes specified, and in the amounts specified multiplied by the percentage of fiscal year 2022 covered by this Act: (1) Department of the Interior—Bureau of Land Management—Land Acquisition , $7,500,000, for Acquisition Management; (2) Department of the Interior—United States Fish and Wildlife Service—Land Acquisition , $17,000,000, for Land Acquisition Management; (3) Department of the Interior—National Park Service—Land Acquisition and State Assistance , $14,500,000, for Acquisition Management; (4) Department of the Interior—Office of the Secretary—Departmental Operations , $19,000,000, for Management Services, Appraisal and Valuation Service Offices-Federal Lands; (5) Department of Agriculture—Forest Service—State and Private Forestry , $6,400,000, for Administrative Funds; and (6) Department of Agriculture—Forest Service—Land Acquisition , $12,000,000, for Acquisition Management.", "id": "HEAAC0DAFF00047FBA3A735A8A05C311A", "header": null }, { "text": "137. (a) In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Indian Health Service—Indian Health Services at a rate for operations of $22,080,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2021 and 2022, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities. (b) In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Indian Health Service—Indian Health Facilities at a rate for operations of $2,261,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2021 and 2022, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities.", "id": "H3F092CEE378E4F1BA26F555046C98A57", "header": null }, { "text": "138. In addition to amounts otherwise provided by section 101, for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health , there is appropriated $1,500,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2022, for the Vessel Sanitation Program.", "id": "HD6B8E390D6C2475AAECE52335345B31B", "header": null }, { "text": "139. (a) Funds made available in Public Law 114–113 to the accounts of the National Institutes of Health that were available for obligation through fiscal year 2016 and were obligated for multi-year research grants shall be available through fiscal year 2022 for the liquidation of valid obligations incurred in fiscal year 2016 if the Director of the National Institutes of Health determines the project suffered an interruption of activities attributable to COVID–19. (b) (1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2021, this section shall be applied as if it were in effect on September 30, 2021.", "id": "H5DB254A5E42F468DB80415B85DF4537A", "header": null }, { "text": "140. In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Substance Abuse and Mental Health Services Administration—Mental Health at a rate for operations of $77,621,000 for an additional amount for carrying out section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ), and such amounts may be apportioned up to the rate for operations necessary to operate and maintain the National Suicide Prevention Lifeline program.", "id": "H452217FAF32F41FBBC29B4E31AF873FA", "header": null }, { "text": "141. In addition to amounts otherwise provided by this Act, for Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance , there is appropriated $2,500,000,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2024, to carry out section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Provided , That not later than November 1, 2021, the Secretary of Health and Human Services shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report detailing steps taken and planned to be taken by the Department to phase out the use of emergency intake sites and a detailed plan for ending the use of emergency intake sites, including a timeline of major milestones and projections for delivered online bed capacity by facility type: Provided further , That such report shall include an aligned spend plan for estimated fiscal year 2022 obligations by major category: Provided further , That the Secretary shall submit monthly reports during fiscal year 2022 to the Committees on Appropriations on all obligations and expenditures incurred by the Department for carrying out such sections 462 and 235: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.", "id": "H4EC45B9C360E4922BA7D66E9AD9298FB", "header": null }, { "text": "142. Amounts made available by section 101 for Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance may be apportioned up to the rate for operations necessary to carry out section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and up to the rate for operations necessary for activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980.", "id": "H2E429139C9D04BB2AF560D5D3B8A6E8D", "header": null }, { "text": "143. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter through fiscal year 2022, the Secretary of Health and Human Services shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate on (1) the total number of children that the Office of Refugee Resettlement has released to sponsors living in the United States, disaggregated by State, and (2) the number of children that the Office of Refugee Resettlement has released to sponsors living in the United States for whom the Office of Refugee Resettlement has successfully conducted safety and welfare checks, and provided post-release services as appropriate, for the most recent quarter such data are available.", "id": "H0052E60DDB854BECA108BA4594AAFC31", "header": null }, { "text": "144. Not later than 10 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate, and disclose on a publicly available website, on all transfers made for carrying out section 462 of the Homeland Security Act of 2002 or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 during fiscal year 2021. This report shall include: (1) a list of the source of funds transferred by public law; (2) the program, project, or activity funds were transferred from and the corresponding amount that was transferred; (3) date of transfer; (4) the number of children referred to the Office of Refugee Resettlement (ORR) by month for fiscal year 2021; and (5) the age distribution of the children referred to ORR by month for fiscal year 2021: Provided , That the report shall be updated every 30 days throughout fiscal year 2022.", "id": "H4160B5E39EDD4A8D90379AFABA864C0A", "header": null }, { "text": "145. During the period covered by this Act, for services furnished under the Community Services Block Grant Act ( CSBG Act ) with funds made available by this Act, by the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), or by the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), States may apply the last sentence of section 673(2) of the CSBG Act by substituting 200 percent for 125 percent.", "id": "H10697384BC1844EAB2B36F266CF1E3C0", "header": null }, { "text": "146. For purposes of annual leave accumulated in fiscal year 2021, the authority provided in section 2106 of division C of Public Law 116–159 shall apply to such leave by substituting 2021 for 2020 in subsections (a) and (d).", "id": "H1D92B802B40A42BAAB94D9661270BBE0", "header": null }, { "text": "147. Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2021, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose.", "id": "H53E4791623A340EFB8ED7D8A592F43BD", "header": null }, { "text": "148. Section 114(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1011c(f) ) shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2021.", "id": "H0D21F87E569C4D0685401BE04AFD23AC", "header": null }, { "text": "149. Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) ) shall be applied through the date specified in section 106(3) of this Act by substituting 2022 for 2021.", "id": "HB2AD39567EFF4908925B8E39C273B0AE", "header": null }, { "text": "150. Notwithstanding section 101, section 116 of division J of Public Law 116–260 shall be applied during the period covered by this Act by substituting fifth fiscal year for fourth fiscal year.", "id": "H7DBB413D3C5448888DAD7E05F935387E", "header": null }, { "text": "151. During the period covered by this Act, the Secretary of Veterans Affairs may transfer up to $193,500,000 of the unobligated balances from amounts made available for fiscal year 2021 under the heading Veterans Health Administration—Medical Services in title II of division F of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ), or in section 8002 of title VIII of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) to the following accounts of the Department in the amounts specified: (1) Veterans Benefits Administration—General Operating Expenses, Veterans Benefits Administration , up to $178,000,000; (2) Departmental Administration—Board of Veterans Appeals , up to $5,800,000; and (3) Departmental Administration—Information Technology Systems , up to $9,700,000: Provided , That the transferred amounts shall be used, in addition to any other amounts available for such purposes, for personnel costs and other expenses to implement the interim final rule entitled Presumptive Service Connection for Respiratory Conditions Due to Exposure to Particulate Matter , published on August 5, 2021 (86 FR 42724), and any revisions to such rule.", "id": "H5863FCA587B24671BFC63E42B2D049B0", "header": null }, { "text": "152. Amounts made available by section 101 to United States Government-funded entities for Related Agency—United States Agency for Global Media—International Broadcasting Operations , Related Programs—The Asia Foundation , Related Programs—United States Institute of Peace , and Related Programs—National Endowment for Democracy may be apportioned up to the rate for operations necessary to support the evacuation of Afghan journalists and other Afghan employees of such entities, following consultation with the Committees on Appropriations.", "id": "HC8E146B0400543E781C0B90AB067E42C", "header": null }, { "text": "153. Section 21009 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) shall continue in effect through the date specified in section 106(3) of this Act.", "id": "H05BD673EF8AC41E1B3A342AB115DCF22", "header": null }, { "text": "154. Amounts made available by section 101 to the United States International Development Finance Corporation for Corporate Capital Account and paid to the Program Account shall be available for the costs of modifying loans and loan guarantees transferred to the Corporation pursuant to section 1463 of the BUILD Act of 2018 (division F of Public Law 115–254 ): Provided , That such costs shall be as defined in section 502 of the Congressional Budget Act of 1974.", "id": "H57B797D33FD042B09488F2C27AB816F3", "header": null }, { "text": "155. Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) shall be applied by substituting the date specified in section 106(3) of this Act for October 1, 2021.", "id": "HCE9326FC843F4D31A10F2C9E2CF8E396", "header": null }, { "text": "156. Notwithstanding section 101, amounts are provided for Department of Transportation—Office of the Secretary—Payments to Air Carriers at a rate for operations of $247,700,000, and such amounts may be apportioned up to the rate for operations necessary to maintain Essential Air Service program operations.", "id": "H92D743D5A49140C196F04EFACD380F52", "header": null }, { "text": "157. Amounts made available by section 101 to the Department of Housing and Urban Development in the third paragraph under the heading Public and Indian Housing—Native American Programs may be apportioned up to the rate for operations necessary to accommodate demand for guaranteed notes and other obligations as authorized by title VI of the Native American Housing Assistance and Self-Determination Act of 1996.", "id": "H1225FAF08869405EA61C4B3C25D6E7EB", "header": null }, { "text": "158. In addition to amounts otherwise provided by section 101, for Procurement—Procurement, Defense-Wide , there is appropriated $1,000,000,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2024, which shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided , That such funds shall be provided to address emergent requirements in support of Operation Guardian of the Walls: Provided further , That such funds shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided further , That nothing in the preceding provisos shall be construed to apply to amounts made available in prior appropriations Acts for the procurement of the Iron Dome defense system: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.", "id": "id419E1BE78B5B47E983244B075B5B77A6", "header": null }, { "text": "This division may be cited as the Continuing Appropriations Act, 2022.", "id": "HA5A0F1E7F50E4D43B80D8C9E5E33D4D3", "header": null }, { "text": "The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely:", "id": "HB03645365C034DF89365764FA15FB87B", "header": null }, { "text": "1301. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law.", "id": "H2B0159EA8AF74C47B64CAA2424352F8D", "header": null }, { "text": "1601. (a) Repayments of the remaining balances of all loans, as of September 30, 2021, by the Federal Emergency Management Agency under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) are hereby cancelled. (b) Of the unobligated balances available to the Department of Homeland Security for Federal Emergency Management Agency—Disaster Relief Fund , such sums as are necessary may be transferred to the Disaster Assistance Direct Loan Program Account for carrying out subsection (a). (c) Each amount repurposed or transferred by this section that was previously designated by the Congress as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget is designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b), or as being for disaster relief pursuant to section 4004(b)(6) and section 4005(f), respectively, of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.", "id": "H04F6DAE36EA043F39EC739F0FD54676F", "header": null }, { "text": "1701. (a) (1) If services performed by the designated employees under paragraph (2) of this subsection at the Department of the Interior or the Department of Agriculture during 2021 are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to be primarily related to emergency wildland fire suppression activities, any premium pay for such services shall be disregarded in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee’s pay is paid on a biweekly or calendar year basis. Any services during 2021 that generate payments payable in 2022 shall be disregarded in applying this subsection. (2) The premium pay waiver under paragraph (1) of this subsection shall apply to individuals serving as wildland firefighters and as fire management response officials, including regional fire directors, deputy regional fire directors, agency officials who directly oversee fire operations, and fire management officers, and individuals serving on incident management teams (IMTs), at the National Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at Operations centers. (3) The Departments of the Interior and Agriculture shall provide a report to Congress detailing the number of positions, including by occupation, grade, and the aggregate pay by type of pay for each individual who receives pay authorized under subsection (a)(1). (b) Any overtime pay for services described in subsection (a) that is payable under an authority outside of title 5, United States Code, shall be disregarded in calculating any annual limit on the amount of overtime pay payable in 2021. (c) Any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee’s aggregate pay for purposes of applying the limitation in section 5307 of title 5, United States Code, during 2021. (d) (1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee’s basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. (2) For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, premium pay means the premium pay paid under the provisions of law cited in section 5547(a). (3) For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay. (4) For the purpose of applying this subsection, basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (e) This section shall take effect as if enacted on January 1, 2021. (f) If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— (1) be considered to be basic pay of the covered employee for any purpose; or (2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code, or other similar provision of law. (g) Not later than 45 days after the date of enactment of this Act, the Secretary of the Interior and Secretary of Agriculture shall jointly provide to the Committees on Appropriations of the House of Representatives and the Senate, the Senate Committee on Agriculture Nutrition and Forestry, the House of Representatives Committee on Agriculture, the Senate Committee on Energy and Natural Resources, the House of Representatives Committee on Natural Resources, Senate Committee on Homeland Security and Governmental Affairs, and the House of Representatives Committee on Oversight and Reform, a framework to modernize the wildland firefighting workforce beginning in fiscal year 2022.", "id": "H5E6221AC5371435B8F2B7421DCAE9330", "header": null }, { "text": "1901. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.", "id": "H5DF887710F7142F5B91BEE461860E035", "header": null }, { "text": "1902. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.", "id": "H20A28EEF5435441C926828971108BF28", "header": null }, { "text": "1903. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022.", "id": "HC1F5A9204BDE4D8192BA730348F5301A", "header": null }, { "text": "1904. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.", "id": "HA8E8DAF180114A8A83E8AF76C752466F", "header": null }, { "text": "This division may be cited as the Disaster Relief Supplemental Appropriations Act, 2022.", "id": "HD94588428E214FCBAD06D4B6402ED11B", "header": null }, { "text": "The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely:", "id": "H36ABE3FDFD2447979EC08F468AA41892", "header": null }, { "text": "2201. Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall provide a written report to the congressional defense committees describing the execution of funds provided in this title, including the amounts obligated and expended, in total and since the previous report; the nature of the costs incurred or services provided by such funds; and any reimbursements or funds transferred by another Federal agency to the Department of Defense which relates to the purpose of the funds provided by this title.", "id": "HA11600D97FEF4354A07DB2820F14D758", "header": null }, { "text": "2202. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law.", "id": "HDB06064542544414BD3CD88E6E3EB2F2", "header": null }, { "text": "2203. The Inspector General of the Department of Defense shall carry out reviews of the activities of the Department of Defense to transport and care for Afghans, including but not limited to, the humane treatment and living conditions of Afghans at any Department of Defense facility; the use of funds by the Department of Defense to support such persons, including the monitoring of potential waste, fraud, or abuse of such funds; and any related issues that the Inspector General may direct: Provided , That the Inspector General shall provide to the congressional defense committees periodic updates on such oversight efforts and a written report to such committees not later than 60 days after the date of enactment of this Act.", "id": "H833F5B9E3354462FB1549C69BB5B0027", "header": null }, { "text": "2204. Title IX of division C of Public Law 116–260 is amended under the heading Afghanistan Security Forces Fund by inserting the following before the penultimate proviso: Provided further , That the Secretary of Defense may obligate and expend funds made available under this heading for costs associated with the termination of contracts previously funded with amounts provided under this heading in prior Acts, and to pay valid invoices in satisfaction of liabilities under such contracts for which the applicable prior appropriation cannot be identified:.", "id": "HA8C872CF101B4E11A3E9A7D3726D0A24", "header": null }, { "text": "2205. Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Service Secretaries and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the disposition of United States property, equipment, and supplies, including property, equipment, and supplies provided to the Afghanistan National Security Forces, which were destroyed, taken out of Afghanistan, or remain in Afghanistan in connection with the United States military withdrawal: Provided, That such report shall include information on the future plans of the Department of Defense regarding any such items.", "id": "H8E563893AC36458AA7A8D2C2258F2232", "header": null }, { "text": "2301. (a) Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services, the Secretary of State, and the Secretary of Homeland Security shall jointly submit a strategy on Afghan evacuee resettlement to the appropriate congressional committees and leadership describing agency roles and responsibilities, vetting, immigration status of each Afghan, and anticipated costs associated with implementing such strategy. (b) Definition of Afghan Evacuee \nIn this section, the term Afghan evacuee means a person whose evacuation from Afghanistan to the United States, or a location overseas controlled by the United States, was facilitated by the United States as part of Operation Allies Refuge.", "id": "H57822EB6BB7B4A25AB0F6DBA16D23537", "header": null }, { "text": "2401. During fiscal years 2022 and 2023, notwithstanding any applicable restrictions on the ability of the Department of State and the United States Agency for International Development to enter into personal services contracts, including section 704 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ) as continued by section 101 of division A of this Act (and any successor provision in a subsequently enacted appropriations Act), the authorities of section 2(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2669(c) ), section 636(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2396(a)(3) ), and section 5(a)(6) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2605(a)(6) ) may be exercised, without regard to the geographic limitations referenced therein, particularly to enter into, extend, and maintain contracts with individuals who have served as locally employed staff of the United States mission in Afghanistan.", "id": "HC6CE2F3059094224B33A02916E2F1559", "header": null }, { "text": "2402. The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, a report on the proposed uses of funds appropriated by this title under the headings Emergencies in the Diplomatic and Consular Service and United States Emergency Refugee and Migration Assistance Fund , by program, project, and activity, for which the obligation of funds is anticipated: Provided , That such report shall be updated (including any changes in proposed uses from the initial plan) and submitted to the Committees on Appropriations every 45 days until September 30, 2023.", "id": "HFBB4B1E6955542D2877983AFE1AC495F", "header": null }, { "text": "2403. Not later than 45 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the Committees on Appropriations a report on the status of the Priority 2 (P–2) designation granting United States Refugee Admissions Program (USRAP) access for certain at risk Afghan nationals and their eligible family members that was announced by the Department of State on August 2, 2021: Provided , That such report shall include the approximate number of Afghan nationals and their eligible family members who have been referred to the program, the number of Afghan nationals who have contacted a Resettlement Support Center to begin processing of their P–2 referral, the estimated time for processing such applications, an assessment of the obstacles facing P–2 eligible individuals seeking to leave Afghanistan, and a plan for augmenting personnel needed for refugee processing or humanitarian parole: Provided further , That such report shall be submitted in unclassified form, but may be accompanied by a classified annex.", "id": "H085ACE0A6A5345F29A7E5686E9D09E37", "header": null }, { "text": "2404. None of the funds appropriated in this title and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban.", "id": "HE5CD60471E8C42759E299C4A1DD600DE", "header": null }, { "text": "2501. In addition to amounts otherwise made available, there is appropriated for U.S. Citizenship and Immigration Services—Immigration Examination Fee Account , $193,000,000, to remain available until expended, for necessary expenses in support of Operation Allies Welcome, to be deposited and used as provided in section 286(n) of the Immigration and Nationality Act ( 8 U.S.C. 1356(n) ): Provided , That such amounts shall be in addition to any other amounts made available for such purposes and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ): Provided further , That amounts provided in this section shall only be for the purposes specified, and notwithstanding any other provision of law are not available for non-expenditure transfer or reprogramming: Provided further , That within 15 days of the date of enactment of this Act, U.S. Citizenship and Immigration Services shall provide to the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives an expenditure plan for the funds provided under this paragraph, and every 30 days thereafter shall provide updated execution data to such Committees for such funds: Provided further , That the reporting requirement in the previous proviso shall end on September 30, 2026.", "id": "H8CF33123969A47219AEEAE632C03C4BB", "header": null }, { "text": "2502. (a) In General \nNotwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if— (1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently— (A) paroled into the United States between July 31, 2021, and September 30, 2022; or (B) paroled into the United States after September 30, 2022, and— (i) is the spouse or child (as such term is defined under section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b) ) of an individual described in subparagraph (A); or (ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child under 6 U.S.C. 279(g)(2) ; and (2) such individual’s parole has not been terminated by the Secretary of Homeland Security. (b) Benefits \nAn individual described in subsection (a) shall be eligible for— (1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) until March 31, 2023; and (2) services described under section 412(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d)(2) ), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien child as defined under 6 U.S.C. 279(g)(2). (c) Expeditious adjudication of asylum applications \nWith respect to an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) filed by an individual described in subsection (a)— (1) the initial interview on the asylum application shall occur not later than 15 days after the date on which an application is filed; and (2) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 150 days after the date an application is filed. (d) Clarification \nNotwithstanding any other provision of law, nothing in this Act shall be interpreted to— (1) preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise entitled; or (2) entitle a person described in subsection (a) to adjustment of status to lawful permanent resident; or (3) preclude a person described in subsection (a) from applying for a driver’s license or identification card for which they are eligible under state law. (e) Report \nNot later than 120 days after the date of enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing the number individuals described in subsection (a); the number of individuals receiving benefits in subsection (b), including their eligibility for benefits as refugees notwithstanding this Act; and any other information deemed relevant by the Secretary.", "id": "H4CF22CB64CBB475FBC3DC0C622641B65", "header": null }, { "text": "2503. Reporting requirement \n(1) In general \nNot later than 60 days after the date of the enactment of this Act, and quarterly thereafter through September 30, 2023, the Secretary of Homeland Security, in coordination with the head of any other applicable Federal agency, shall submit to Congress a report that includes the elements described in paragraph (2). (2) Elements \nThe report required by paragraph (1) shall include the following: (A) A summary of the status of Afghan evacuees, including— (i) the number of the Afghan evacuees present in the United States, located at overseas bases of the United States Armed Forces, or located in third countries who are not located at such a base including— (I) the number who are U.S. lawful permanent residents; (II) the number who are Special Immigrant Visa holders; (III) the number who are Special Immigrant Visa applicants; (IV) the number who are in possession of a valid nonimmigrant visa to enter the United States; (V) the number who are employees of a U.S. Government agency; (VI) the number who are employees of a U.S. funded partner organization, media, or non-profit; (VII) the number of Priority 1 refugee referrals; (VIII) the number of Priority 2 refugee referrals; (IX) the number who have been relocated from the United States to a third country, and the country to which they were relocated; and (X) the number who do not fall into any of the above categories. (ii) the number of Afghan evacuees at overseas bases or other official staging areas who have been flagged as potential security concerns or risks or included on the United States no-fly list and who were therefore denied clearance to enter the United States; (iii) the number of the Afghan evacuees who have been paroled into the United States— (I) the number whose parole was terminated; and (II) the number whose parole has been extended; and (B) The number of Afghan evacuees who have been interviewed by U.S. Citizenship and Immigration Services in connection with an application or petition for immigration benefits, including— (i) the number of such interviews conducted since the United States withdrawal; (ii) the rate at which individuals were granted or refused the benefits that formed the basis for such interviews; (iii) the number of individuals who did not appear at a scheduled interview; and (iv) a description of the procedures for screening for and detecting child marriage, human trafficking, gender-based violence, and marriages entered into or relationships as fiancee or fiance claimed for the sole purpose of securing evacuation. (C) For each Federal department and agency involved in Operation Allies Welcome— (i) as of the date of the report, the costs incurred; and (ii) an identification of the source of appropriated or other funds used to fund the effort. (3) Definition of afghan evacuee \nIn this section, the term Afghan evacuee means a person whose evacuation from Afghanistan to the United States, or a location overseas controlled by the United States, was facilitated by the United States as part of Operation Allies Refuge.", "id": "H50417098BD714A7F85EE22B67DD78E8A", "header": "Reporting requirement" }, { "text": "2504. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.", "id": "H8C7B8B9915AC492DAC4D21BA01E89736", "header": null }, { "text": "2505. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.", "id": "H901E0E30C5434EE5AC76DB837424F92F", "header": null }, { "text": "2506. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022.", "id": "HFB2D931965014A3BAFEC30A608B58A8D", "header": null }, { "text": "2507. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.", "id": "H114FADA46A2446F29D188C86FDFB3162", "header": null }, { "text": "This division may be cited as the Afghanistan Supplemental Appropriations Act, 2022.", "id": "H36A5C8733F414B619F693B866A2EC655", "header": null }, { "text": "3101. Extension of Authority to Make Certain Appointments for National Disaster Medical System \nSection 2812(c)(4)(B) of the Public Health Service Act ( 42 U.S.C. 300hh–11(c)(4)(B) ) is amended by striking September 30, 2021 and inserting December 3, 2021.", "id": "HABCAD7FF96E948C7979D2536FB8EDEDD", "header": "Extension of Authority to Make Certain Appointments for National Disaster Medical System" }, { "text": "3102. Extending Certain Waiver Authorities \n(a) National School Lunch Program Requirement Waivers Addressing COVID–19 \nSection 2202(e) of the Families First Coronavirus Response Act ( Public Law 116–127 ; 42 U.S.C. 1760 note) is amended by striking September 30, 2021 and inserting June 30, 2022: Provided, That such waivers shall only apply to school year 2021–2022. (b) Funding \nThere are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section.", "id": "H226CFD96CC564C00871400468C697BAB", "header": "Extending Certain Waiver Authorities" }, { "text": "3103. Extension of Additional Special Assessments \nSection 3014(a) of title 18, United States Code, is amended by striking September 30, 2021 and inserting December 31, 2021.", "id": "H736A8B0A48AF45B09F96E633687B49C7", "header": "Extension of Additional Special Assessments" }, { "text": "3104. Extension of Temporary Order for Fentanyl-Related Substances \nEffective as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act ( Public Law 116–114 ), section 2 of such Act (as amended by Public Law 117–12 ) is amended by striking October 22, 2021 and inserting January 28, 2022.", "id": "H8CE021F284B54CFD99FAE66D21A87FD3", "header": "Extension of Temporary Order for Fentanyl-Related Substances" }, { "text": "3105. Extending the Increased Federal Medical Assistance Percentage for Territories \n(a) In general \nSection 1905(ff) of the Social Security Act ( 42 U.S.C. 1396d(ff) ) is amended— (1) in paragraph (2), by striking September 30, 2021 and inserting December 3, 2021 ; and (2) in paragraph (3), by striking September 30, 2021 and inserting December 3, 2021. (b) GAO review \nNot later than November 15, 2021, the Comptroller General of the United States shall review the determination of the allotment for Puerto Rico for fiscal year 2022 under section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ), and include in the review the legal opinion of the Comptroller General on the most plausible plain reading of how such fiscal year 2022 allotment level should be calculated.", "id": "H51ECC9426A254AE69810C1EBF46FF3C4", "header": "Extending the Increased Federal Medical Assistance Percentage for Territories" }, { "text": "3106. Medicare Improvement Fund \nSection 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking $165,000,000 and inserting $69,000,000.", "id": "HEB06EBF1B833464EB938A1A0CF903A13", "header": "Medicare Improvement Fund" }, { "text": "3201. Budgetary effects \n(a) Statutory PAYGO scorecards \nThe budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards \nThe budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects \nNotwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated— (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.", "id": "HD367FFA67E17486E9869E73FFA23FA7B", "header": "Budgetary effects" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Natural Immunity Transparency Act.", "id": "H6A4AF899998444FD943A496DECF19033", "header": "Short title" }, { "text": "2. Report on COVID–19 natural immunity \n(a) In general \nNot later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that contains— (1) the number of individuals who recovered from a COVID–19 infection, and never received a COVID–19 vaccine, during the period beginning on January 1, 2020, and ending on such date of enactment, and who subsequently— (A) died from a COVID–19 infection; (B) were hospitalized from a COVID–19 infection; (C) had an additional confirmed case of COVID–19; or (D) transmitted SARS–CoV–2 to another person or persons while reinfected; and (2) the number of individuals who received all recommended doses of a COVID–19 vaccine during the period beginning on December 14, 2020, and ending on such date of enactment, and who subsequently— (A) died from a COVID–19 infection; (B) were hospitalized from a COVID–19 infection; or (C) had a confirmed breakthrough case. (b) Definitions \nIn this section: (1) Breakthrough case \nThe term breakthrough case , with respect to a case of COVID–19, means the detection of SARS–CoV–2 RNA or antigen in a respiratory specimen collected from an individual at least 14 days after the date on which such individual received all recommended doses of a COVID–19 vaccine. (2) COVID–19 vaccine \nThe term COVID–19 vaccine means a vaccine for COVID–19 that has been licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ).", "id": "H5874B32857904711B5FCCFFDD02DC14D", "header": "Report on COVID–19 natural immunity" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Retired Pay Restoration Act.", "id": "S1", "header": "Short\n title" }, { "text": "2. Eligibility for\t\t\t payment of both retired pay and veterans’ disability compensation for\t\t\t certain\t\t\t military retirees with compensable service-connected disabilities \n(a) Extension of\t\t\t concurrent receipt authority to retirees with service-Connected\t\t\t disabilities rated less than 50 percent \nSection 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (b) Clerical amendments \n(1) The heading of section 1414 of such title is amended to read as follows: 1414. Members\t\t\t\teligible for retired pay who are also eligible for veterans’\t\t\t disability\t\t\t\tcompensation: concurrent payment of retired pay and disability compensation \n. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: 1414. Members eligible for retired pay who\t\t\t\tare also eligible for veterans’ disability compensation: concurrent\t\t\t payment of\t\t\t\tretired pay and disability\t\t\t\tcompensation.. (c) Effective date \nThe amendments made by this section shall take effect on January 1, 2022, and shall apply to payments for months beginning on or after that date.", "id": "HD91CC545B2754B1C8FEF38E0D0D89D9F", "header": "Eligibility for\n\t\t\t payment of both retired pay and veterans’ disability compensation for\n\t\t\t certain\n\t\t\t military retirees with compensable service-connected disabilities" }, { "text": "1414. Members\t\t\t\teligible for retired pay who are also eligible for veterans’\t\t\t disability\t\t\t\tcompensation: concurrent payment of retired pay and disability compensation", "id": "H971BAF5751824ABA9F776FC54F12964C", "header": "Members\n\t\t\t\teligible for retired pay who are also eligible for veterans’\n\t\t\t disability\n\t\t\t\tcompensation: concurrent payment of retired pay and disability\n compensation" }, { "text": "3. Coordination of\t\t\t service eligibility for combat-related special compensation and concurrent\t\t\t receipt \n(a) Amendments To\t\t\t standardize similar provisions \n(1) Qualified retirees \nSubsection (a) of section 1414 of title 10, United States Code, as amended by section 2(a), is amended— (A) by striking a member or and all that follows through paid both for that month and inserting a qualified retiree is entitled to be paid both retired pay and veterans’ disability compensation for a month ; and (B) by adding at the end the following new paragraph: (2) Qualified retirees \nFor purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who— (A) is entitled to retired pay (other than by reason of section 12731b of this title); and (B) is also entitled for that month to veterans’ disability compensation.. (2) Disability retirees \nParagraph (2) of subsection (b) of section 1414 of such title is amended to read as follows: (2) Special rule for retirees with fewer than 20 years of service \nThe retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of— (A) the amount of the reduction under sections 5304 and 5305 of title 38; or (B) the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.. (b) Effective date \nThe amendments made by this section shall take effect on January 1, 2022, and shall apply to payments for months beginning on or after that date.", "id": "HB1B77B6A61814B9193386BE1FDF28745", "header": "Coordination of\n\t\t\t service eligibility for combat-related special compensation and concurrent\n\t\t\t receipt" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the United States-Ecuador Partnership Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Facilitating economic and commercial ties. Sec. 5. Promoting inclusive economic development. Sec. 6. Combating illicit economies, corruption, and negative foreign influence. Sec. 7. Strengthening democratic governance. Sec. 8. Fostering conservation and stewardship. Sec. 9. Reporting requirements. Sec. 10. Sunset.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Findings \n(a) Findings \nCongress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (2) On February 7, 2021, and April 11, 2021, Ecuador held democratic elections that included parties from across the political spectrum, paving the way for continued progress towards strengthening democratic institutions. (3) The United States and Ecuador share strategic interests in strengthening Ecuador’s democratic institutions, generating inclusive economic growth, and building capacity in law enforcement, anti-corruption, and conservation efforts. (4) The United States and Ecuador historically have enjoyed strong commercial, investment, and economic ties, yet Ecuador continues to face significant challenges to inclusive economic development, including— (A) the heavy economic toll of the COVID–19 pandemic; (B) vulnerabilities with respect to the growing role of the People’s Republic of China in the financing and refinancing of Ecuador’s debts, and in strategic infrastructure projects and sectors of the Ecuadorian economy; and (C) the need to develop and strengthen open and transparent economic policies that strengthen Ecuador’s integration with global markets, inclusive economic growth, and opportunities for upward social mobility for the Ecuadorian people. (5) Since its establishment in December 2019, the United States Development Finance Corporation has provided more than $440,000,000 in financing to Ecuador. (6) Ecuador’s justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. (7) The activities undertaken by the Government of the People’s Republic of China in Ecuador, including its development of the ECU–911 video surveillance and facial recognition system, financing of the corruptly managed and environmentally deleterious Coca Codo Sinclair Dam, and support for illegal, unreported, and unregulated fishing practices around the Galapagos Islands, pose risks to democratic governance and biodiversity in the country. (8) Ecuador, which is home to several of the Earth’s most biodiverse ecosystems, including the Galapagos Islands, the headwaters of the Amazon river, the Condor mountain range, and the Yasuni Biosphere Reserve, has seen a reduction in its rainforests between 1990 and 2016, due in part to the incursion of criminal networks into protected areas. (9) On March 24, 2021, the Senate unanimously approved Senate Resolution 22 (117th Congress), reaffirming the partnership between the United States and the Republic of Ecuador, and recognizing the restoration and advancement of economic relations, security, and development opportunities in both nations. (10) On August 13, 2021, the United States and Ecuador celebrated the entry into force of the Protocol to the Trade and Investment Council Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Relating to Trade Rules and Transparency, recognizing the steps Ecuador has taken to decrease unnecessary regulatory burden and create a more transparent and predictable legal framework for foreign direct investment in recent years.", "id": "idecd146872b4e4dc4995db1f9b8ce4b27", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the United States should take additional steps to strengthen its bilateral partnership with Ecuador, including by developing robust trade and investment frameworks, increasing law enforcement cooperation, renewing the activities of the United States Agency for International Development in Ecuador, and supporting Ecuador's response to and recovery from the COVID–19 pandemic, as necessary and appropriate; and (2) strengthening the United States-Ecuador partnership presents an opportunity to advance core United States national security interests and work with other democratic partners to maintain a prosperous, politically stable, and democratic Western Hemisphere that is resilient to malign foreign influence.", "id": "idd7df40e7cc064dd5b22fdb9f9bf07bb5", "header": "Sense of Congress" }, { "text": "4. Facilitating economic and commercial ties \nThe Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador by— (1) promoting cooperation and information sharing to encourage awareness of and increase trade and investment opportunities between the United States and Ecuador; (2) supporting efforts by the Government of Ecuador to promote a more open, transparent, and competitive business environment, including by lowering trade barriers, implementing policies to reduce trading times, and improving efficiencies to expedite customs operations for importers and exporters of all sizes, in all sectors, and at all entry ports in Ecuador; (3) establishing frameworks or mechanisms to review the long-term financial sustainability and security implications of foreign investments in Ecuador in strategic sectors or services; (4) establishing competitive and transparent infrastructure project selection and procurement processes in Ecuador that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; (5) developing programs to help the Government of Ecuador improve efficiency and transparency in customs administration, including through support for the Government of Ecuador’s ongoing efforts to digitize its customs process and accept electronic documents required for the import, export, and transit of goods under specific international standards, as well as related training to expedite customs, security, efficiency, and competitiveness; (6) spurring digital transformation that would advance— (A) the provision of digitized government services with the greatest potential to improve transparency, lower business costs, and expand citizens’ access to public services and public information; (B) the provision of transparent and affordable access to the internet and digital infrastructure; and (C) best practices to mitigate the risks to digital infrastructure by doing business with communication networks and communications supply chains with equipment and services from companies with close ties to or susceptible to pressure from governments or security services without reliable legal checks on governmental powers; and (7) identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation, the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity.", "id": "id05eb043c41304d7b8c42c9c5b4b23a33", "header": "Facilitating economic and commercial ties" }, { "text": "5. Promoting inclusive economic development \nThe Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador’s national territory by— (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks.", "id": "ida4977551e61b459ebd61ccfc4b87de3a", "header": "Promoting inclusive economic development" }, { "text": "6. Combating illicit economies, corruption, and negative foreign influence \nThe Secretary of State shall develop and implement a strategy and related programs to increase the capacity of Ecuador’s justice system and law enforcement authorities to combat illicit economies, corruption, transnational criminal organizations, and the harmful influence of malign foreign and domestic actors by— (1) providing technical assistance and support to specialized units within the Attorney General’s office to combat corruption and to promote and protect internationally recognized human rights in Ecuador, including the Transparency and Anti-Corruption Unit, the Anti-Money Laundering Unit, the Task Force to Combat Corruption in Central America, and the Environmental Crimes Unit; (2) strengthening bilateral assistance and complementary support through multilateral anti-corruption mechanisms, as necessary and appropriate, to counter corruption and recover assets derived from corruption, including through strengthening independent inspectors general to track and reduce corruption; (3) improving the technical capacity of prosecutors and financial institutions in Ecuador to combat corruption by— (A) detecting and investigating suspicious financial transactions, and conducting asset forfeitures and criminal analysis; and (B) combating money laundering, financial crimes, and extortion; (4) providing technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to vetted specialized units of Ecuador’s national police and the armed services to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking, transnational criminal activities, illicit mining, and illegal, unregulated, and unreported fishing, among other illicit activities; (5) providing technical assistance to address challenges related to Ecuador’s penitentiary and corrections system; (6) strengthening the regulatory framework of mining through collaboration with key Ecuadorian institutions, such as the Interior Ministry’s Special Commission for the Control of Illegal Mining and the National Police’s Investigative Unit on Mining Crimes, and providing technical assistance in support of their law enforcement activities; (7) providing technical assistance to judges, prosecutors, and ombudsmen to increase capacity to enforce laws against human smuggling and trafficking, illicit mining, illegal logging, illegal, unregulated, and unreported (IUU) fishing, and other illicit economic activities; (8) providing support to the Government of Ecuador to prevent illegal, unreported, and unregulated fishing, including through expanding detection and response capabilities, and the use of dark vessel tracing technology; (9) supporting multilateral efforts to stem illegal, unreported, and unregulated fishing with neighboring countries in South America and within the South Pacific Regional Fisheries Management Organisation; (10) assisting the Government of Ecuador’s efforts to protect defenders of internationally recognized human rights, including through the work of the Office of the Ombudsman of Ecuador, and by encouraging the inclusion of Indigenous and Afro-Ecuadorian communities and civil society organizations in this process; (11) supporting efforts to improve transparency, uphold accountability, and build capacity within the Office of the Comptroller General; (12) enhancing the institutional capacity and technical capabilities of defense and security institutions of Ecuador to conduct national or regional security missions, including through regular bilateral and multilateral cooperation, foreign military financing, international military education, and training programs, consistent with applicable Ecuadorian laws and regulations; (13) enhancing port management and maritime security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; and (14) strengthening cybersecurity cooperation— (A) to effectively respond to cybersecurity threats, including state-sponsored threats; (B) to share best practices to combat such threats; (C) to help develop and implement information architectures that respect individual privacy rights and reduce the risk that data collected through such systems will be exploited by malign state and non-state actors; (D) to strengthen resilience against cyberattacks, misinformation, and propaganda; and (E) to strengthen the resilience of critical infrastructure.", "id": "ida2a75436d651460ca13262c3c53f0107", "header": "Combating illicit economies, corruption, and negative foreign influence" }, { "text": "7. Strengthening democratic governance \n(a) Strengthening democratic governance \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting— (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media— (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro-Ecuadorian communities. (b) Legislative strengthening \nThe Administrator of the United States Agency for International Development, working through the Consortium for Elections and Political Process Strengthening or any equivalent or successor mechanism, shall develop and implement programs to strengthen the National Assembly of Ecuador by providing training and technical assistance to— (1) members and committee offices of the National Assembly of Ecuador, including the Ethics Committee and Audit Committee; (2) assist in the creation of entities that can offer comprehensive and independent research and analysis on legislative and oversight matters pending before the National Assembly, including budgetary and economic issues; and (3) improve democratic governance and government transparency, including through effective legislation. (c) Bilateral legislative cooperation \nTo the degree practicable, in implementing the programs required under subsection (b), the Administrator of the United States Agency for International Development should facilitate meetings and collaboration between members of the United States Congress and the National Assembly of Ecuador.", "id": "id7e035021697446ce944dac7f4bcd3eb5", "header": "Strengthening democratic governance" }, { "text": "8. Fostering conservation and stewardship \nThe Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, shall develop and implement programs and enhance existing programs, as necessary and appropriate, to improve ecosystem conservation and enhance the effective stewardship of Ecuador’s natural resources by— (1) providing technical assistance to Ecuador’s Ministry of the Environment to safeguard national parks and protected forests and protected species, while promoting the participation of Indigenous communities in this process; (2) strengthening the capacity of communities to access the right to prior consultation, encoded in Article 57 of the Constitution of Ecuador and related laws, executive decrees, administrative acts, and ministerial regulations; (3) supporting Indigenous and Afro-Ecuadorian communities as they raise awareness of threats to biodiverse ancestral lands, including through support for local media in such communities and technical assistance to monitor illicit activities; (4) partnering with the Government of Ecuador in support of reforestation and improving river, lake, and coastal water quality; (5) providing assistance to communities affected by illegal mining and deforestation; and (6) fostering mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) establishing regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; and (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences.", "id": "ideb45e18206504476a82f6a8298fc85d2", "header": "Fostering conservation and stewardship" }, { "text": "9. Reporting requirements \n(a) Secretary of state \nThe Secretary of State, in coordination with the heads of other relevant Federal departments and agencies as described in sections 4, 6, and 7(a), shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 6, and 7(a); and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (b) Administrator of the United States Agency for International Development \nThe Administrator of the United States Agency for International Development, in coordination with the heads of other relevant Federal departments and agencies as described in sections 5, 7(b), and 8, shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 7(b), and 8; and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (c) Submission \nThe strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. (d) Appropriate congressional committees \nIn this Act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.", "id": "id75515de2d1f648528d956f76068a8c6e", "header": "Reporting requirements" }, { "text": "10. Sunset \nThis Act shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "idDB674B5952644672A18E17E6A5739C26", "header": "Sunset" }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the United States-Ecuador Partnership Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Facilitating economic and commercial ties. Sec. 5. Promoting inclusive economic development. Sec. 6. Combating illicit economies, corruption, and negative foreign influence. Sec. 7. Strengthening democratic governance. Sec. 8. Fostering conservation and stewardship. Sec. 9. Authorization to transfer excess Coast Guard vessels. Sec. 10. Reporting requirements. Sec. 11. Sunset.", "id": "idb2a3ff67-ac26-482b-b0f8-e00aaeae9afc", "header": "Short title; table of contents" }, { "text": "2. Findings \n(a) Findings \nCongress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (2) On February 7, 2021, and April 11, 2021, Ecuador held democratic elections that included parties from across the political spectrum, paving the way for continued progress towards strengthening democratic institutions. (3) The United States and Ecuador share strategic interests in strengthening Ecuador’s democratic institutions, generating inclusive economic growth, and building capacity in law enforcement, anti-corruption, and conservation efforts. (4) The United States and Ecuador historically have enjoyed strong commercial, investment, and economic ties, yet Ecuador continues to face significant challenges to inclusive economic development, including— (A) the heavy economic toll of the COVID–19 pandemic; (B) vulnerabilities with respect to the growing role of the People’s Republic of China in the financing and refinancing of Ecuador’s debts, and in strategic infrastructure projects and sectors of the Ecuadorian economy; and (C) the need to develop and strengthen open and transparent economic policies that strengthen Ecuador’s integration with global markets, inclusive economic growth, and opportunities for upward social mobility for the Ecuadorian people. (5) Since its establishment in December 2019, the United States Development Finance Corporation has provided more than $440,000,000 in financing to Ecuador. (6) Ecuador’s justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. (7) The activities undertaken by the Government of the People’s Republic of China in Ecuador, including its development of the ECU–911 video surveillance and facial recognition system, financing of the corruptly managed and environmentally deleterious Coca Codo Sinclair Dam, and support for illegal, unreported, and unregulated fishing practices around the Galapagos Islands, pose risks to democratic governance and biodiversity in the country. (8) Ecuador, which is home to several of the Earth’s most biodiverse ecosystems, including the Galapagos Islands, the headwaters of the Amazon river, the Condor mountain range, and the Yasuni Biosphere Reserve, has seen a reduction in its rainforests between 1990 and 2016, due in part to the incursion of criminal networks into protected areas. (9) On March 24, 2021, the Senate unanimously approved Senate Resolution 22 (117th Congress), reaffirming the partnership between the United States and the Republic of Ecuador, and recognizing the restoration and advancement of economic relations, security, and development opportunities in both nations. (10) On August 13, 2021, the United States and Ecuador celebrated the entry into force of the Protocol to the Trade and Investment Council Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Relating to Trade Rules and Transparency, recognizing the steps Ecuador has taken to decrease unnecessary regulatory burden and create a more transparent and predictable legal framework for foreign direct investment in recent years.", "id": "id54a953a4-f5ca-46c7-bc3e-e5e8e1666609", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the United States should take additional steps to strengthen its bilateral partnership with Ecuador, including by developing robust trade and investment frameworks, increasing law enforcement cooperation, renewing the activities of the United States Agency for International Development in Ecuador, and supporting Ecuador's response to and recovery from the COVID–19 pandemic, as necessary and appropriate; and (2) strengthening the United States-Ecuador partnership presents an opportunity to advance core United States national security interests and work with other democratic partners to maintain a prosperous, politically stable, and democratic Western Hemisphere that is resilient to malign foreign influence.", "id": "id8a85c545-6ba2-4761-85a9-938a7086736d", "header": "Sense of Congress" }, { "text": "4. Facilitating economic and commercial ties \nThe Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador by— (1) promoting cooperation and information sharing to encourage awareness of and increase trade and investment opportunities between the United States and Ecuador; (2) supporting efforts by the Government of Ecuador to promote a more open, transparent, and competitive business environment, including by lowering trade barriers, implementing policies to reduce trading times, and improving efficiencies to expedite customs operations for importers and exporters of all sizes, in all sectors, and at all entry ports in Ecuador; (3) establishing frameworks or mechanisms to review the long term financial sustainability and security implications of foreign investments in Ecuador in strategic sectors or services; (4) establishing competitive and transparent infrastructure project selection and procurement processes in Ecuador that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; (5) developing programs to help the Government of Ecuador improve efficiency and transparency in customs administration, including through support for the Government of Ecuador’s ongoing efforts to digitize its customs process and accept electronic documents required for the import, export, and transit of goods under specific international standards, as well as related training to expedite customs, security, efficiency, and competitiveness; (6) spurring digital transformation that would advance— (A) the provision of digitized government services with the greatest potential to improve transparency, lower business costs, and expand citizens’ access to public services and public information; (B) the provision of transparent and affordable access to the internet and digital infrastructure; and (C) best practices to mitigate the risks to digital infrastructure by doing business with communication networks and communications supply chains with equipment and services from companies with close ties to or susceptible to pressure from governments or security services without reliable legal checks on governmental powers; and (7) identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation, the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity.", "id": "ide5755e60-6ef2-406e-97db-1b41c11bbce1", "header": "Facilitating economic and commercial ties" }, { "text": "5. Promoting inclusive economic development \nThe Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador’s national territory by— (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks.", "id": "id157a9b0b-29e4-43dc-aa82-5e8fe6e8a581", "header": "Promoting inclusive economic development" }, { "text": "6. Combating illicit economies, corruption, and negative foreign influence \nThe Secretary of State shall develop and implement a strategy and related programs to increase the capacity of Ecuador’s justice system and law enforcement authorities to combat illicit economies, corruption, transnational criminal organizations, and the harmful influence of malign foreign and domestic actors by— (1) providing technical assistance and support to specialized units within the Attorney General’s office to combat corruption and to promote and protect internationally recognized human rights in Ecuador, including the Transparency and Anti-Corruption Unit, the Anti-Money Laundering Unit, the Task Force to Combat Corruption in Central America, and the Environmental Crimes Unit; (2) strengthening bilateral assistance and complementary support through multilateral anti-corruption mechanisms, as necessary and appropriate, to counter corruption and recover assets derived from corruption, including through strengthening independent inspectors general to track and reduce corruption; (3) improving the technical capacity of prosecutors and financial institutions in Ecuador to combat corruption by— (A) detecting and investigating suspicious financial transactions, and conducting asset forfeitures and criminal analysis; and (B) combating money laundering, financial crimes, and extortion; (4) providing technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to vetted specialized units of Ecuador’s national police and the armed services to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking, transnational criminal activities, illicit mining, and illegal, unregulated, and unreported fishing, among other illicit activities; (5) providing technical assistance to address challenges related to Ecuador’s penitentiary and corrections system; (6) strengthening the regulatory framework of mining through collaboration with key Ecuadorian institutions, such as the Interior Ministry’s Special Commission for the Control of Illegal Mining and the National Police’s Investigative Unit on Mining Crimes, and providing technical assistance in support of their law enforcement activities; (7) providing technical assistance to judges, prosecutors, and ombudsmen to increase capacity to enforce laws against human smuggling and trafficking, illicit mining, illegal logging, illegal, unregulated, and unreported (IUU) fishing, and other illicit economic activities; (8) providing support to the Government of Ecuador to prevent illegal, unreported, and unregulated fishing, including through expanding detection and response capabilities, and the use of dark vessel tracing technology; (9) supporting multilateral efforts to stem illegal, unreported, and unregulated fishing with neighboring countries in South America and within the South Pacific Regional Fisheries Management Organisation; (10) assisting the Government of Ecuador’s efforts to protect defenders of internationally recognized human rights, including through the work of the Office of the Ombudsman of Ecuador, and by encouraging the inclusion of Indigenous and Afro-Ecuadorian communities and civil society organizations in this process; (11) supporting efforts to improve transparency, uphold accountability, and build capacity within the Office of the Comptroller General; (12) enhancing the institutional capacity and technical capabilities of defense and security institutions of Ecuador to conduct national or regional security missions, including through regular bilateral and multilateral cooperation, foreign military financing, international military education, and training programs, consistent with applicable Ecuadorian laws and regulations; (13) enhancing port management and maritime security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; and (14) strengthening cybersecurity cooperation— (A) to effectively respond to cybersecurity threats, including state-sponsored threats; (B) to share best practices to combat such threats; (C) to help develop and implement information architectures that respect individual privacy rights and reduce the risk that data collected through such systems will be exploited by malign state and non-state actors; (D) to strengthen resilience against cyberattacks, misinformation, and propaganda; and (E) to strengthen the resilience of critical infrastructure.", "id": "idf796f236-fecb-4805-b9a5-bcb97e3e3ab9", "header": "Combating illicit economies, corruption, and negative foreign influence" }, { "text": "7. Strengthening democratic governance \n(a) Strengthening democratic governance \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting— (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media— (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro-Ecuadorian communities. (b) Legislative strengthening \nThe Administrator of the United States Agency for International Development, working through the Consortium for Elections and Political Process Strengthening or any equivalent or successor mechanism, shall develop and implement programs to strengthen the National Assembly of Ecuador by providing training and technical assistance to— (1) members and committee offices of the National Assembly of Ecuador, including the Ethics Committee and Audit Committee; (2) assist in the creation of entities that can offer comprehensive and independent research and analysis on legislative and oversight matters pending before the National Assembly, including budgetary and economic issues; and (3) improve democratic governance and government transparency, including through effective legislation. (c) Bilateral legislative cooperation \nTo the degree practicable, in implementing the programs required under subsection (b), the Administrator of the United States Agency for International Development should facilitate meetings and collaboration between members of the United States Congress and the National Assembly of Ecuador.", "id": "id0458b69d-1506-4430-8a41-2e0bb71a1286", "header": "Strengthening democratic governance" }, { "text": "8. Fostering conservation and stewardship \nThe Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, shall develop and implement programs and enhance existing programs, as necessary and appropriate, to improve ecosystem conservation and enhance the effective stewardship of Ecuador’s natural resources by— (1) providing technical assistance to Ecuador’s Ministry of the Environment to safeguard national parks and protected forests and protected species, while promoting the participation of Indigenous communities in this process; (2) strengthening the capacity of communities to access the right to prior consultation, encoded in Article 57 of the Constitution of Ecuador and related laws, executive decrees, administrative acts, and ministerial regulations; (3) supporting Indigenous and Afro-Ecuadorian communities as they raise awareness of threats to biodiverse ancestral lands, including through support for local media in such communities and technical assistance to monitor illicit activities; (4) partnering with the Government of Ecuador in support of reforestation and improving river, lake, and coastal water quality; (5) providing assistance to communities affected by illegal mining and deforestation; and (6) fostering mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) establishing regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; and (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences.", "id": "id8f62e2eb-0b6e-4c61-acdd-9f5306887a35", "header": "Fostering conservation and stewardship" }, { "text": "9. Authorization to transfer excess Coast Guard vessels \n(a) Sense of Congress \nIt is the sense of Congress that the United States should undertake efforts to expand cooperation with the Government of Ecuador to— (1) ensure protections for the Galápagos Marine Reserve; (2) deter illegal, unreported, and unregulated fishing; and (3) increase interdiction of narcotics trafficking and other forms of illicit trafficking. (b) Authority to transfer excess Coast Guard vessels to the Government of Ecuador \nThe President shall conduct a joint assessment with the Government of Ecuador to ensure sufficient capacity exists to maintain Island class cutters. Upon completion of a favorable assessment, the President is authorized to transfer up to two ISLAND class cutters to the Government of Ecuador as excess defense articles pursuant to the authority of section 516 of the Foreign Assistance Act ( 22 U.S.C. 2321j ). (c) Grants not counted in annual total of transferred excess defense articles \nThe value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (b) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j ). (d) Costs of transfers \nAny expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(e) ). (e) Repair and refurbishment in United States shipyards \nTo the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States. (f) Expiration of authority \nThe authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act.", "id": "idece0290c11254e77b99927be02c3372f", "header": "Authorization to transfer excess Coast Guard vessels" }, { "text": "10. Reporting requirements \n(a) Secretary of State \nThe Secretary of State, in coordination with the heads of other relevant Federal departments and agencies as described in sections 4, 6, and 7(a), shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 6, and 7(a); and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (b) Administrator of the United States Agency for International Development \nThe Administrator of the United States Agency for International Development, in coordination with the heads of other relevant Federal departments and agencies as described in sections 5, 7(b), and 8, shall— (1) not later than 180 days after the date of the enactment of this Act, submit to appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 7(b), and 8; and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (c) Submission \nThe strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. (d) Appropriate congressional committees \nIn this act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.", "id": "idd8dba4d5-9c4b-4266-83bb-c50690d8eec8", "header": "Reporting requirements" }, { "text": "11. Sunset \nThis Act shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "id8053356b-6ddd-45d8-8f2c-c1d85ccd5bc5", "header": "Sunset" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the United States-Ecuador Partnership Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Facilitating economic and commercial ties. Sec. 5. Promoting inclusive economic development. Sec. 6. Combating illicit economies, corruption, and negative foreign influence. Sec. 7. Strengthening democratic governance. Sec. 8. Fostering conservation and stewardship. Sec. 9. Reporting requirements. Sec. 10. Sunset.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Findings \n(a) Findings \nCongress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (2) On February 7, 2021, and April 11, 2021, Ecuador held democratic elections that included parties from across the political spectrum, paving the way for continued progress towards strengthening democratic institutions. (3) The United States and Ecuador share strategic interests in strengthening Ecuador’s democratic institutions, generating inclusive economic growth, and building capacity in law enforcement, anti-corruption, and conservation efforts. (4) The United States and Ecuador historically have enjoyed strong commercial, investment, and economic ties, yet Ecuador continues to face significant challenges to inclusive economic development, including— (A) the heavy economic toll of the COVID–19 pandemic; (B) vulnerabilities with respect to the growing role of the People’s Republic of China in the financing and refinancing of Ecuador’s debts, and in strategic infrastructure projects and sectors of the Ecuadorian economy; and (C) the need to develop and strengthen open and transparent economic policies that strengthen Ecuador’s integration with global markets, inclusive economic growth, and opportunities for upward social mobility for the Ecuadorian people. (5) Since its establishment in December 2019, the United States Development Finance Corporation has provided more than $440,000,000 in financing to Ecuador. (6) Ecuador’s justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. (7) The activities undertaken by the Government of the People’s Republic of China in Ecuador, including its development of the ECU–911 video surveillance and facial recognition system, financing of the corruptly managed and environmentally deleterious Coca Codo Sinclair Dam, and support for illegal, unreported, and unregulated fishing practices around the Galapagos Islands, pose risks to democratic governance and biodiversity in the country. (8) Ecuador, which is home to several of the Earth’s most biodiverse ecosystems, including the Galapagos Islands, the headwaters of the Amazon river, the Condor mountain range, and the Yasuni Biosphere Reserve, has seen a reduction in its rainforests between 1990 and 2016, due in part to the incursion of criminal networks into protected areas. (9) On March 24, 2021, the Senate unanimously approved Senate Resolution 22 (117th Congress), reaffirming the partnership between the United States and the Republic of Ecuador, and recognizing the restoration and advancement of economic relations, security, and development opportunities in both nations. (10) On August 13, 2021, the United States and Ecuador celebrated the entry into force of the Protocol to the Trade and Investment Council Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Relating to Trade Rules and Transparency, recognizing the steps Ecuador has taken to decrease unnecessary regulatory burden and create a more transparent and predictable legal framework for foreign direct investment in recent years.", "id": "idecd146872b4e4dc4995db1f9b8ce4b27", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the United States should take additional steps to strengthen its bilateral partnership with Ecuador, including by developing robust trade and investment frameworks, increasing law enforcement cooperation, renewing the activities of the United States Agency for International Development in Ecuador, and supporting Ecuador's response to and recovery from the COVID–19 pandemic, as necessary and appropriate; and (2) strengthening the United States-Ecuador partnership presents an opportunity to advance core United States national security interests and work with other democratic partners to maintain a prosperous, politically stable, and democratic Western Hemisphere that is resilient to malign foreign influence.", "id": "idd7df40e7cc064dd5b22fdb9f9bf07bb5", "header": "Sense of Congress" }, { "text": "4. Facilitating economic and commercial ties \nThe Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador by— (1) promoting cooperation and information sharing to encourage awareness of and increase trade and investment opportunities between the United States and Ecuador; (2) supporting efforts by the Government of Ecuador to promote a more open, transparent, and competitive business environment, including by lowering trade barriers, implementing policies to reduce trading times, and improving efficiencies to expedite customs operations for importers and exporters of all sizes, in all sectors, and at all entry ports in Ecuador; (3) establishing frameworks or mechanisms to review the long-term financial sustainability and security implications of foreign investments in Ecuador in strategic sectors or services; (4) establishing competitive and transparent infrastructure project selection and procurement processes in Ecuador that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; (5) developing programs to help the Government of Ecuador improve efficiency and transparency in customs administration, including through support for the Government of Ecuador’s ongoing efforts to digitize its customs process and accept electronic documents required for the import, export, and transit of goods under specific international standards, as well as related training to expedite customs, security, efficiency, and competitiveness; (6) spurring digital transformation that would advance— (A) the provision of digitized government services with the greatest potential to improve transparency, lower business costs, and expand citizens’ access to public services and public information; (B) the provision of transparent and affordable access to the internet and digital infrastructure; and (C) best practices to mitigate the risks to digital infrastructure by doing business with communication networks and communications supply chains with equipment and services from companies with close ties to or susceptible to pressure from governments or security services without reliable legal checks on governmental powers; and (7) identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation, the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity.", "id": "id05eb043c41304d7b8c42c9c5b4b23a33", "header": "Facilitating economic and commercial ties" }, { "text": "5. Promoting inclusive economic development \nThe Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador’s national territory by— (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks.", "id": "ida4977551e61b459ebd61ccfc4b87de3a", "header": "Promoting inclusive economic development" }, { "text": "6. Combating illicit economies, corruption, and negative foreign influence \nThe Secretary of State shall develop and implement a strategy and related programs to increase the capacity of Ecuador’s justice system and law enforcement authorities to combat illicit economies, corruption, transnational criminal organizations, and the harmful influence of malign foreign and domestic actors by— (1) providing technical assistance and support to specialized units within the Attorney General’s office to combat corruption and to promote and protect internationally recognized human rights in Ecuador, including the Transparency and Anti-Corruption Unit, the Anti-Money Laundering Unit, the Task Force to Combat Corruption in Central America, and the Environmental Crimes Unit; (2) strengthening bilateral assistance and complementary support through multilateral anti-corruption mechanisms, as necessary and appropriate, to counter corruption and recover assets derived from corruption, including through strengthening independent inspectors general to track and reduce corruption; (3) improving the technical capacity of prosecutors and financial institutions in Ecuador to combat corruption by— (A) detecting and investigating suspicious financial transactions, and conducting asset forfeitures and criminal analysis; and (B) combating money laundering, financial crimes, and extortion; (4) providing technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to vetted specialized units of Ecuador’s national police and the armed services to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking, transnational criminal activities, illicit mining, and illegal, unregulated, and unreported fishing, among other illicit activities; (5) providing technical assistance to address challenges related to Ecuador’s penitentiary and corrections system; (6) strengthening the regulatory framework of mining through collaboration with key Ecuadorian institutions, such as the Interior Ministry’s Special Commission for the Control of Illegal Mining and the National Police’s Investigative Unit on Mining Crimes, and providing technical assistance in support of their law enforcement activities; (7) providing technical assistance to judges, prosecutors, and ombudsmen to increase capacity to enforce laws against human smuggling and trafficking, illicit mining, illegal logging, illegal, unregulated, and unreported (IUU) fishing, and other illicit economic activities; (8) providing support to the Government of Ecuador to prevent illegal, unreported, and unregulated fishing, including through expanding detection and response capabilities, and the use of dark vessel tracing technology; (9) supporting multilateral efforts to stem illegal, unreported, and unregulated fishing with neighboring countries in South America and within the South Pacific Regional Fisheries Management Organisation; (10) assisting the Government of Ecuador’s efforts to protect defenders of internationally recognized human rights, including through the work of the Office of the Ombudsman of Ecuador, and by encouraging the inclusion of Indigenous and Afro-Ecuadorian communities and civil society organizations in this process; (11) supporting efforts to improve transparency, uphold accountability, and build capacity within the Office of the Comptroller General; (12) enhancing the institutional capacity and technical capabilities of defense and security institutions of Ecuador to conduct national or regional security missions, including through regular bilateral and multilateral cooperation, foreign military financing, international military education, and training programs, consistent with applicable Ecuadorian laws and regulations; (13) enhancing port management and maritime security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; and (14) strengthening cybersecurity cooperation— (A) to effectively respond to cybersecurity threats, including state-sponsored threats; (B) to share best practices to combat such threats; (C) to help develop and implement information architectures that respect individual privacy rights and reduce the risk that data collected through such systems will be exploited by malign state and non-state actors; (D) to strengthen resilience against cyberattacks, misinformation, and propaganda; and (E) to strengthen the resilience of critical infrastructure.", "id": "ida2a75436d651460ca13262c3c53f0107", "header": "Combating illicit economies, corruption, and negative foreign influence" }, { "text": "7. Strengthening democratic governance \n(a) Strengthening democratic governance \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting— (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media— (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro-Ecuadorian communities. (b) Legislative strengthening \nThe Administrator of the United States Agency for International Development, working through the Consortium for Elections and Political Process Strengthening or any equivalent or successor mechanism, shall develop and implement programs to strengthen the National Assembly of Ecuador by providing training and technical assistance to— (1) members and committee offices of the National Assembly of Ecuador, including the Ethics Committee and Audit Committee; (2) assist in the creation of entities that can offer comprehensive and independent research and analysis on legislative and oversight matters pending before the National Assembly, including budgetary and economic issues; and (3) improve democratic governance and government transparency, including through effective legislation. (c) Bilateral legislative cooperation \nTo the degree practicable, in implementing the programs required under subsection (b), the Administrator of the United States Agency for International Development should facilitate meetings and collaboration between members of the United States Congress and the National Assembly of Ecuador.", "id": "id7e035021697446ce944dac7f4bcd3eb5", "header": "Strengthening democratic governance" }, { "text": "8. Fostering conservation and stewardship \nThe Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, shall develop and implement programs and enhance existing programs, as necessary and appropriate, to improve ecosystem conservation and enhance the effective stewardship of Ecuador’s natural resources by— (1) providing technical assistance to Ecuador’s Ministry of the Environment to safeguard national parks and protected forests and protected species, while promoting the participation of Indigenous communities in this process; (2) strengthening the capacity of communities to access the right to prior consultation, encoded in Article 57 of the Constitution of Ecuador and related laws, executive decrees, administrative acts, and ministerial regulations; (3) supporting Indigenous and Afro-Ecuadorian communities as they raise awareness of threats to biodiverse ancestral lands, including through support for local media in such communities and technical assistance to monitor illicit activities; (4) partnering with the Government of Ecuador in support of reforestation and improving river, lake, and coastal water quality; (5) providing assistance to communities affected by illegal mining and deforestation; and (6) fostering mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) establishing regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; and (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences.", "id": "ideb45e18206504476a82f6a8298fc85d2", "header": "Fostering conservation and stewardship" }, { "text": "9. Reporting requirements \n(a) Secretary of state \nThe Secretary of State, in coordination with the heads of other relevant Federal departments and agencies as described in sections 4, 6, and 7(a), shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 6, and 7(a); and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (b) Administrator of the United States Agency for International Development \nThe Administrator of the United States Agency for International Development, in coordination with the heads of other relevant Federal departments and agencies as described in sections 5, 7(b), and 8, shall— (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 7(b), and 8; and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (c) Submission \nThe strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. (d) Appropriate congressional committees \nIn this Act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.", "id": "id75515de2d1f648528d956f76068a8c6e", "header": "Reporting requirements" }, { "text": "10. Sunset \nThis Act shall terminate on the date that is 5 years after the date of the enactment of this Act.", "id": "idDB674B5952644672A18E17E6A5739C26", "header": "Sunset" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Global Catastrophic Risk Management Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Basic need \nThe term basic need — (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes— (i) food; (ii) water; (iii) shelter; (iv) basic communication services; and (v) public safety. (2) Catastrophic incident \nThe term catastrophic incident means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. (3) Committee \nThe term committee means the interagency committee on global catastrophic risk established under section 3. (4) Critical infrastructure \nThe term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (5) Existential risk \nThe term existential risk means the risk of human extinction. (6) Global catastrophic risk \nThe term global catastrophic risk means the risk of events or incidents consequential enough to significantly harm, set back, or destroy human civilization at the global scale. (7) Global catastrophic and existential threats \nThe term global catastrophic and existential threats means those threats that with varying likelihood can produce consequences severe enough to result in significant harm or destruction of human civilization at the global scale, or lead to human extinction. Examples of global catastrophic and existential threats include severe global pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies. (8) National exercise \nThe term national exercise means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748(b) ). (9) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).", "id": "idBA31D7D6F6CF4EB29E0D47F5FC1C3A17", "header": "Definitions" }, { "text": "3. Interagency committee on global catastrophic risk \n(a) Establishment \nNot later than 90 days after the date of enactment of this Act, the President shall establish an interagency committee on global catastrophic risk. (b) Membership \nThe committee shall include senior representatives of— (1) the Assistant to the President for National Security Affairs; (2) the Director of the Office of Science and Technology Policy; (3) the Director of National Intelligence and the Director of the National Intelligence Council; (4) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (5) the Secretary of State and the Under Secretary of State for Arms Control and International Security; (6) the Attorney General and the Director of the Federal Bureau of Investigation; (7) the Secretary of Energy, the Under Secretary of Energy for Nuclear Security, and the Director of Science; (8) the Secretary of Health and Human Services and the Assistant Secretary for Preparedness and Response; (9) the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, and the Under Secretary of Commerce for Standards and Technology; (10) the Secretary of the Interior and the Director of the United States Geological Survey; (11) the Administrator of the Environmental Protection Agency; (12) the Administrator of the National Aeronautics and Space Administration; (13) the Director of the National Science Foundation; (14) the Secretary of the Treasury; (15) the Chair of the Board of Governors of the Federal Reserve System; (16) the Secretary of Defense; and (17) other stakeholders the President determines appropriate. (c) Chairmanship \nThe committee shall be co-chaired by a senior representative of the President and the Deputy Administrator of the Federal Emergency Management Agency for Resilience.", "id": "idd07f5d98133b45bdb1021d38b9d18f39", "header": "Interagency committee on global catastrophic risk" }, { "text": "4. Report required \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the President, with support from the committee, shall conduct and submit to Congress a detailed assessment of global catastrophic and existential risk. (b) Matters covered \nThe report required under subsection (a) shall include— (1) expert estimates of cumulative global catastrophic and existential risk in the next 30 years, including separate estimates for the likelihood of occurrence and potential consequences; (2) expert-informed analyses of the risk of the most concerning specific global catastrophic and existential threats, including separate estimates, where reasonably feasible and credible, of each threat for its likelihood of occurrence and its potential consequences, as well as associated uncertainties; (3) a comprehensive list of potential catastrophic or existential threats, including even those that may have very low likelihood; (4) technical assessments and lay explanations of the analyzed global catastrophic and existential risks, including their qualitative character and key factors affecting their likelihood of occurrence and potential consequences; (5) an explanation of any factors that limit the ability of the President to assess the risk both cumulatively and for particular threats, and how those limitations may be overcome through future research or with additional resources, programs, or authorities; (6) a review of the effectiveness of intelligence collection, early warning and detection systems, or other functions and programs necessary to evaluate the risk of particular global catastrophic and existential threats, if any exist and as applicable for particular threats; (7) a forecast of if and why global catastrophic and existential risk is likely to increase or decrease significantly in the next 30 years, both qualitatively and quantitatively, as well as a description of associated uncertainties; (8) proposals for how the Federal Government may more adequately assess global catastrophic and existential risk on an ongoing basis in future years; (9) recommendations for legislative actions, as appropriate, to support the evaluation and assessment of global catastrophic and existential risk; and (10) other matters deemed appropriate by the President. (c) Consultation requirement \nIn producing the report required under subsection (a), the President shall regularly consult with experts on global catastrophic and existential risks, including from non-governmental, academic, and private sector institutions. (d) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id37da8f2066e74330a1f0c5bfc614bb9c", "header": "Report required" }, { "text": "5. Report on continuity of operations and continuity of government planning \n(a) In general \nNot later than 180 days after the submission of the report required under section 4, the President shall produce a report on the adequacy of continuity of operations and continuity of government plans based on the assessed global catastrophic and existential risk. (b) Matters covered \nThe report required under subsection (a) shall include— (1) a detailed assessment of the ability of continuity of government and continuity of operations plans and programs, as defined by Executive Order 13961, Presidential Policy Directive–40, or successor policies, to maintain national essential functions following global catastrophes, both cumulatively and for particular threats; (2) an assessment of the need to revise Executive Order 13961, Presidential Policy Directive–40, or successor policies to account for global catastrophic and existential risk cumulatively or for particular threats; (3) a budget proposal for continuity of government and continuity of operations programs necessary to adequately maintain national essential functions during global catastrophes; (4) recommendations for legislative actions necessary to improve continuity of government and continuity of operations plans and programs; and (5) other matters deemed appropriate by the co-chairs. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id04018f08114c44c48a259373c5777145", "header": "Report on continuity of operations and continuity of government planning" }, { "text": "6. Strategy to ensure the health, safety, and general welfare of the civilian population of the united states \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the President, with support from the committee, shall develop and submit to the appropriate committees of Congress a strategy to— (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the strategy \nThe strategy developed under subsection (a) shall include a description of— (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including— (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include— (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategic plan will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; (6) how the strategic plan will be made operational within the larger response strategy of the United States; and (7) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions \nIn designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that— (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors include— (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing plans \nThe President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability \nThe strategy developed under subsection (a) shall be available to the public but may include a classified, or other restricted, annex to be made available to the appropriate committees of Congress and appropriate government entities.", "id": "id5d9d0a110a884c07981641792cf73c5d", "header": "Strategy to ensure the health, safety, and general welfare of the civilian population of the united states" }, { "text": "7. Implementation plan \nNot later than 90 days after the issuance of the strategy required under section 6, the President shall issue a plan to implement and operationalize the strategy, which shall include— (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to— (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy.", "id": "id11df5bc28ce74fe8bf3ecc69bbe92b1f", "header": "Implementation plan" }, { "text": "8. National response exercise \n(a) In general \nNot later than 1 year after the issuance of the implementation plan required under section 7, the Department of Homeland Security shall lead a national exercise, in coordination with the committee, to test and enhance the operationalization of the implementation plan. (b) Requirements \nA national exercise conducted under this section shall include participation from most or all entities implicated by the strategy required under section 4, including: (1) State, local, and Tribal governments. (2) Information sharing and analysis centers. (3) Owners and operators of critical infrastructure.", "id": "id058f96d52d0e47e39e54a3d881bebe6b", "header": "National response exercise" }, { "text": "9. Recommendations \n(a) In general \nThe President shall provide recommendations to Congress for— (1) actions that should be taken to prepare the United States to implement the strategy required under section 6, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 6. (b) Inclusion in reports \nThe President may include the recommendations required under subsection (a) in a report submitted under section 10.", "id": "id9361dfadb35040bf928409f4cd987a19", "header": "Recommendations" }, { "text": "10. Reporting requirements \nNot later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 8, the President shall submit to Congress a report that includes— (1) a description of the efforts of the President to develop and update the strategy required under section 6; (2) a description of the efforts of the President to develop and update the implementation plan required under section 7; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 8.", "id": "id10f0f0eb77cc4ac998cc6597924dc076", "header": "Reporting requirements" }, { "text": "1. Short title \nThis Act may be cited as the Global Catastrophic Risk Management Act of 2022.", "id": "idc4d03edb-474f-4554-918b-178f488708af", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Basic need \nThe term basic need — (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes— (i) food; (ii) water; (iii) shelter; (iv) basic communication services; (v) basic sanitation and health services; and (vi) public safety. (2) Catastrophic incident \nThe term catastrophic incident — (A) means any natural or man-made disaster that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area; and (B) may include an incident— (i) with a sustained national impact over a prolonged period of time; (ii) that may rapidly exceed resources available to State and local government and private sector authorities in the impacted area; or (iii) that may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened. (3) Committee \nThe term committee means the interagency committee on global catastrophic risk established under section 3. (4) Critical infrastructure \nThe term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (5) Existential risk \nThe term existential risk means the potential for an outcome that would result in human extinction. (6) Global catastrophic risk \nThe term global catastrophic risk means the risk of events or incidents consequential enough to significantly harm, set back, or destroy human civilization at the global scale. (7) Global catastrophic and existential threats \nThe term global catastrophic and existential threats means those threats that with varying likelihood can produce consequences severe enough to result in significant harm or destruction of human civilization at the global scale, or lead to human extinction. Examples of global catastrophic and existential threats include severe global pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies. (8) National exercise program \nThe term national exercise program means activities carried out to test and evaluate the national preparedness goal and related plans and strategies as described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748(b) ). (9) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).", "id": "id8b9b5ce6-d402-4bfe-9eb9-9700596599d2", "header": "Definitions" }, { "text": "3. Interagency committee on global catastrophic risk \n(a) Establishment \nNot later than 90 days after the date of enactment of this Act, the President shall establish an interagency committee on global catastrophic risk. (b) Membership \nThe committee shall include senior representatives of— (1) the Assistant to the President for National Security Affairs; (2) the Director of the Office of Science and Technology Policy; (3) the Director of National Intelligence and the Director of the National Intelligence Council; (4) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (5) the Secretary of State and the Under Secretary of State for Arms Control and International Security; (6) the Attorney General and the Director of the Federal Bureau of Investigation; (7) the Secretary of Energy, the Under Secretary of Energy for Nuclear Security, and the Director of Science; (8) the Secretary of Health and Human Services, the Assistant Secretary for Preparedness and Response, and the Assistant Secretary of Global Affairs; (9) the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, and the Under Secretary of Commerce for Standards and Technology; (10) the Secretary of the Interior and the Director of the United States Geological Survey; (11) the Administrator of the Environmental Protection Agency and the Assistant Administrator for Water; (12) the Administrator of the National Aeronautics and Space Administration; (13) the Director of the National Science Foundation; (14) the Secretary of the Treasury; (15) the Chair of the Board of Governors of the Federal Reserve System; (16) the Secretary of Defense, the Assistant Secretary of the Army for Civil Works, and the Chief of Engineers and Commanding General of the Army Corps of Engineers; (17) the Chairman of the Joint Chiefs of Staff; (18) the Administrator of the United States Agency for International Development; and (19) other stakeholders the President determines appropriate. (c) Chairmanship \nThe committee shall be co-chaired by a senior representative of the President and the Deputy Administrator of the Federal Emergency Management Agency for Resilience.", "id": "id8d2d22b6-6dda-4d52-88a6-fb232f9661b6", "header": "Interagency committee on global catastrophic risk" }, { "text": "4. Report required \n(a) In general \nNot later than 1 year after the date of enactment of this Act, and every 10 years thereafter, the President, with support from the committee, shall conduct and submit to Congress a report containing a detailed assessment of global catastrophic and existential risk. (b) Matters covered \nEach report required under subsection (a) shall include — (1) expert estimates of cumulative global catastrophic and existential risk in the next 30 years, including separate estimates for the likelihood of occurrence and potential consequences; (2) expert-informed analyses of the risk of the most concerning specific global catastrophic and existential threats, including separate estimates, where reasonably feasible and credible, of each threat for its likelihood of occurrence and its potential consequences, as well as associated uncertainties; (3) a comprehensive list of potential catastrophic or existential threats, including even those that may have very low likelihood; (4) technical assessments and lay explanations of the analyzed global catastrophic and existential risks, including their qualitative character and key factors affecting their likelihood of occurrence and potential consequences; (5) an explanation of any factors that limit the ability of the President to assess the risk both cumulatively and for particular threats, and how those limitations may be overcome through future research or with additional resources, programs, or authorities; (6) a review of the effectiveness of intelligence collection, early warning and detection systems, or other functions and programs necessary to evaluate the risk of particular global catastrophic and existential threats, if any exist and as applicable for particular threats; (7) a forecast of if and why global catastrophic and existential risk is likely to increase or decrease significantly in the next 30 years, both qualitatively and quantitatively, as well as a description of associated uncertainties; (8) proposals for how the Federal Government may more adequately assess global catastrophic and existential risk on an ongoing basis in future years; (9) recommendations for legislative actions, as appropriate, to support the evaluation and assessment of global catastrophic and existential risk; and (10) other matters deemed appropriate by the President. (c) Consultation requirement \nIn producing the report required under subsection (a), the President, with support from the committee, shall regularly consult with experts on global catastrophic and existential risks, including from non-governmental, academic, and private sector institutions. (d) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id6060be9c-0141-407f-9525-913937973e7d", "header": "Report required" }, { "text": "5. Report on continuity of operations and continuity of government planning \n(a) In general \nNot later than 180 days after the submission of the report required under section 4, the President, with support from the committee, shall produce a report on the adequacy of continuity of operations and continuity of government plans based on the assessed global catastrophic and existential risk. (b) Matters covered \nThe report required under subsection (a) shall include— (1) a detailed assessment of the ability of continuity of government and continuity of operations plans and programs, as defined by Executive Order 13961 (85 Fed. Reg. 79379; relating to governance and integration of Federal mission resilience), Presidential Policy Directive–40 (July 15, 2016; relating to national continuity policy), or successor policies, to maintain national essential functions following global catastrophes, both cumulatively and for particular threats; (2) an assessment of the need to revise Executive Order 13961 (85 Fed. Reg. 79379; relating to governance and integration of Federal mission resilience), Presidential Policy Directive–40 (July 15, 2016; relating to national continuity policy), or successor policies to account for global catastrophic and existential risk cumulatively or for particular threats; (3) an assessment of any technology gaps limiting mitigation of global catastrophic and existential risks for continuity of operations and continuity of government plans; (4) a budget proposal for continuity of government and continuity of operations programs necessary to adequately maintain national essential functions during global catastrophes; (5) recommendations for legislative actions and technology development and implementation actions necessary to improve continuity of government and continuity of operations plans and programs; (6) a plan for increased senior leader involvement in continuity of operations and continuity of government exercises; and (7) other matters deemed appropriate by the co-chairs of the committee. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "idc6a548e0-4e00-42b3-9f29-007f6689de9f", "header": "Report on continuity of operations and continuity of government planning" }, { "text": "6. Enhanced catastrophic incident annex \n(a) In general \nThe President, with support from the committee, shall supplement each Federal Interagency Operational Plan to include an annex containing a strategy to ensure the health, safety, and general welfare of the civilian population affected by catastrophic incidents by— (1) providing for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinating response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promoting personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) developing international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the strategy \nThe strategy required under subsection (a) shall include a description of— (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including— (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include— (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategy will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; and (6) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions \nIn designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that— (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include— (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State, local, Tribal, and territorial governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing plans \nThe President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability \nThe strategy developed under subsection (a) shall be available to the public but may include a classified, or other restricted, annex to be made available to the appropriate committees of Congress and appropriate government entities.", "id": "id1a1d0e3497fd42acbecd3a91dc18f900", "header": "Enhanced catastrophic incident annex" }, { "text": "7. Validation of the strategy through an exercise \nNot later than 1 year after the addition of the annex required under section 6, the Department of Homeland Security shall lead an exercise as part of the national exercise program, in coordination with the committee, to test and enhance the operationalization of the strategy required under section 6.", "id": "idabc5dd33a0334b5fa6a196376ced4ff3", "header": "Validation of the strategy through an exercise" }, { "text": "8. Recommendations \n(a) In general \nThe President shall provide recommendations to Congress for— (1) actions that should be taken to prepare the United States to implement the strategy required under section 6, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 6. (b) Inclusion in reports \nThe President may include the recommendations required under subsection (a) in a report submitted under section 9.", "id": "id08c6635c-a7b8-46b6-a785-f27fd53d1f54", "header": "Recommendations" }, { "text": "9. Reporting requirements \nNot later than 1 year after the date on which Department of Homeland Security leads the exercise under section 7, the President shall submit to Congress a report that includes— (1) a description of the efforts of the President to develop and update the strategy required under section 6; and (2) an after-action report following the conduct of the exercise described in section 7.", "id": "id8620f6fa-14fe-4a3d-b345-cb6c9303aec0", "header": "Reporting requirements" }, { "text": "10. Rule of construction \nNothing in this Act shall be construed to supersede the civilian emergency management authority of the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or the Post Katrina Emergency Management Reform Act ( 6 U.S.C. 701 et seq. ).", "id": "id1b92b227c53846ed983e33bf44f855d6", "header": "Rule of construction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Global Catastrophic Risk Management Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Basic need \nThe term basic need — (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes— (i) food; (ii) water; (iii) shelter; (iv) basic communication services; and (v) public safety. (2) Catastrophic incident \nThe term catastrophic incident means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States. (3) Committee \nThe term committee means the interagency committee on global catastrophic risk established under section 3. (4) Critical infrastructure \nThe term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (5) Existential risk \nThe term existential risk means the risk of human extinction. (6) Global catastrophic risk \nThe term global catastrophic risk means the risk of events or incidents consequential enough to significantly harm, set back, or destroy human civilization at the global scale. (7) Global catastrophic and existential threats \nThe term global catastrophic and existential threats means those threats that with varying likelihood can produce consequences severe enough to result in significant harm or destruction of human civilization at the global scale, or lead to human extinction. Examples of global catastrophic and existential threats include severe global pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies. (8) National exercise \nThe term national exercise means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748(b) ). (9) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).", "id": "idBA31D7D6F6CF4EB29E0D47F5FC1C3A17", "header": "Definitions" }, { "text": "3. Interagency committee on global catastrophic risk \n(a) Establishment \nNot later than 90 days after the date of enactment of this Act, the President shall establish an interagency committee on global catastrophic risk. (b) Membership \nThe committee shall include senior representatives of— (1) the Assistant to the President for National Security Affairs; (2) the Director of the Office of Science and Technology Policy; (3) the Director of National Intelligence and the Director of the National Intelligence Council; (4) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency; (5) the Secretary of State and the Under Secretary of State for Arms Control and International Security; (6) the Attorney General and the Director of the Federal Bureau of Investigation; (7) the Secretary of Energy, the Under Secretary of Energy for Nuclear Security, and the Director of Science; (8) the Secretary of Health and Human Services and the Assistant Secretary for Preparedness and Response; (9) the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, and the Under Secretary of Commerce for Standards and Technology; (10) the Secretary of the Interior and the Director of the United States Geological Survey; (11) the Administrator of the Environmental Protection Agency; (12) the Administrator of the National Aeronautics and Space Administration; (13) the Director of the National Science Foundation; (14) the Secretary of the Treasury; (15) the Chair of the Board of Governors of the Federal Reserve System; (16) the Secretary of Defense; and (17) other stakeholders the President determines appropriate. (c) Chairmanship \nThe committee shall be co-chaired by a senior representative of the President and the Deputy Administrator of the Federal Emergency Management Agency for Resilience.", "id": "idd07f5d98133b45bdb1021d38b9d18f39", "header": "Interagency committee on global catastrophic risk" }, { "text": "4. Report required \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the President, with support from the committee, shall conduct and submit to Congress a detailed assessment of global catastrophic and existential risk. (b) Matters covered \nThe report required under subsection (a) shall include— (1) expert estimates of cumulative global catastrophic and existential risk in the next 30 years, including separate estimates for the likelihood of occurrence and potential consequences; (2) expert-informed analyses of the risk of the most concerning specific global catastrophic and existential threats, including separate estimates, where reasonably feasible and credible, of each threat for its likelihood of occurrence and its potential consequences, as well as associated uncertainties; (3) a comprehensive list of potential catastrophic or existential threats, including even those that may have very low likelihood; (4) technical assessments and lay explanations of the analyzed global catastrophic and existential risks, including their qualitative character and key factors affecting their likelihood of occurrence and potential consequences; (5) an explanation of any factors that limit the ability of the President to assess the risk both cumulatively and for particular threats, and how those limitations may be overcome through future research or with additional resources, programs, or authorities; (6) a review of the effectiveness of intelligence collection, early warning and detection systems, or other functions and programs necessary to evaluate the risk of particular global catastrophic and existential threats, if any exist and as applicable for particular threats; (7) a forecast of if and why global catastrophic and existential risk is likely to increase or decrease significantly in the next 30 years, both qualitatively and quantitatively, as well as a description of associated uncertainties; (8) proposals for how the Federal Government may more adequately assess global catastrophic and existential risk on an ongoing basis in future years; (9) recommendations for legislative actions, as appropriate, to support the evaluation and assessment of global catastrophic and existential risk; and (10) other matters deemed appropriate by the President. (c) Consultation requirement \nIn producing the report required under subsection (a), the President shall regularly consult with experts on global catastrophic and existential risks, including from non-governmental, academic, and private sector institutions. (d) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id37da8f2066e74330a1f0c5bfc614bb9c", "header": "Report required" }, { "text": "5. Report on continuity of operations and continuity of government planning \n(a) In general \nNot later than 180 days after the submission of the report required under section 4, the President shall produce a report on the adequacy of continuity of operations and continuity of government plans based on the assessed global catastrophic and existential risk. (b) Matters covered \nThe report required under subsection (a) shall include— (1) a detailed assessment of the ability of continuity of government and continuity of operations plans and programs, as defined by Executive Order 13961, Presidential Policy Directive–40, or successor policies, to maintain national essential functions following global catastrophes, both cumulatively and for particular threats; (2) an assessment of the need to revise Executive Order 13961, Presidential Policy Directive–40, or successor policies to account for global catastrophic and existential risk cumulatively or for particular threats; (3) a budget proposal for continuity of government and continuity of operations programs necessary to adequately maintain national essential functions during global catastrophes; (4) recommendations for legislative actions necessary to improve continuity of government and continuity of operations plans and programs; and (5) other matters deemed appropriate by the co-chairs. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.", "id": "id04018f08114c44c48a259373c5777145", "header": "Report on continuity of operations and continuity of government planning" }, { "text": "6. Strategy to ensure the health, safety, and general welfare of the civilian population of the united states \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the President, with support from the committee, shall develop and submit to the appropriate committees of Congress a strategy to— (1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) develop international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the strategy \nThe strategy developed under subsection (a) shall include a description of— (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including— (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include— (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategic plan will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; (6) how the strategic plan will be made operational within the larger response strategy of the United States; and (7) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions \nIn designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that— (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors include— (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing plans \nThe President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability \nThe strategy developed under subsection (a) shall be available to the public but may include a classified, or other restricted, annex to be made available to the appropriate committees of Congress and appropriate government entities.", "id": "id5d9d0a110a884c07981641792cf73c5d", "header": "Strategy to ensure the health, safety, and general welfare of the civilian population of the united states" }, { "text": "7. Implementation plan \nNot later than 90 days after the issuance of the strategy required under section 6, the President shall issue a plan to implement and operationalize the strategy, which shall include— (1) steps the President will take to prepare implicated entities for mobilization under the strategy; and (2) specific actions the President will take to— (A) ensure the continued readiness of the United States to implement the strategy; (B) educate the public on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met; (C) ensure the objectives of the strategy are met; and (D) ensure foreign adversaries are not able to undermine the operationalization of the strategy.", "id": "id11df5bc28ce74fe8bf3ecc69bbe92b1f", "header": "Implementation plan" }, { "text": "8. National response exercise \n(a) In general \nNot later than 1 year after the issuance of the implementation plan required under section 7, the Department of Homeland Security shall lead a national exercise, in coordination with the committee, to test and enhance the operationalization of the implementation plan. (b) Requirements \nA national exercise conducted under this section shall include participation from most or all entities implicated by the strategy required under section 4, including: (1) State, local, and Tribal governments. (2) Information sharing and analysis centers. (3) Owners and operators of critical infrastructure.", "id": "id058f96d52d0e47e39e54a3d881bebe6b", "header": "National response exercise" }, { "text": "9. Recommendations \n(a) In general \nThe President shall provide recommendations to Congress for— (1) actions that should be taken to prepare the United States to implement the strategy required under section 6, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 6. (b) Inclusion in reports \nThe President may include the recommendations required under subsection (a) in a report submitted under section 10.", "id": "id9361dfadb35040bf928409f4cd987a19", "header": "Recommendations" }, { "text": "10. Reporting requirements \nNot later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 8, the President shall submit to Congress a report that includes— (1) a description of the efforts of the President to develop and update the strategy required under section 6; (2) a description of the efforts of the President to develop and update the implementation plan required under section 7; and (3) an analysis of the effectiveness and benefit of the national exercise conducted under section 8.", "id": "id10f0f0eb77cc4ac998cc6597924dc076", "header": "Reporting requirements" } ]

[ { "text": "1. Short title \nThis Act may be cited as the United States Pharmaceutical Supply Chain Review Act.", "id": "id49b7723662af4169b8b41578cc20f845", "header": "Short title" }, { "text": "2. Report on foreign investment in pharmaceutical industry \n(a) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Federal Trade Commission, in consultation with the Secretary of the Treasury acting through the Committee on Foreign Investment in the United States (in this section referred to as the Committee ), shall submit to the appropriate congressional committees, the Secretary of Health and Human Services, and the Commissioner of Food and Drugs, a report on foreign investment in the pharmaceutical industry of the United States. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An assessment of— (A) the supply chain of the pharmaceutical industry of the United States and the effect of concentration and reliance on foreign manufacturing within that industry; (B) the effect of foreign investment in the pharmaceutical industry of the United States on domestic capacity to produce drugs and active and inactive ingredients of drugs; and (C) the effect of foreign investment in technologies or other products for sequencing or storage of DNA, including genome and exome analysis, in the United States, including the effect of such investment on the capacity to sequence or store DNA in the United States. (2) The number of reviews and investigations conducted by the Committee, in each of the 10 fiscal years preceding the year in which the study is conducted, with respect to covered transactions (as defined in section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ))— (A) in the pharmaceutical industry of the United States; or (B) relating to the sequencing or storage of DNA in the United States. (3) A short description of each such review or investigation, including whether the transaction was approved or prohibited. (c) Authority \nThe Federal Trade Commission shall have authority under section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) to conduct the studies required to prepare the report required by subsection (a). (d) Publication \nThe Federal Trade Commission shall publish an unclassified summary of the report required by subsection (a) on a publicly available internet website of the Commission. (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.", "id": "id8E1BFE9D5FAC4D068C751624A028FD4B", "header": "Report on foreign investment in pharmaceutical industry" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Technological Hazards Preparedness and Training Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Indian Tribal Government \nThe term Indian Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (3) Local Government; State \nThe terms local government and State have the meaning meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (4) Technological Hazard and Related Emerging Threat \nThe term technological hazard and related emerging threat — (A) means a hazard that involves materials created by humans that pose a unique hazard to the general public and environment and which may result from— (i) an accident; (ii) an emergency caused by another hazard; or (iii) intentional use of the hazardous materials; and (B) includes a chemical, radiological, biological, and nuclear hazard.", "id": "id868A3D5AA3B14715999D6E083823BA0D", "header": "Definitions" }, { "text": "3. Assistance and Training for Communities with Technological Hazards and Related Emerging Threats \n(a) In general \nThe Administrator shall maintain the capacity to provide States and local governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats. (b) Authorities \nThe Administrator shall carry out subsection (a) in accordance with— (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (2) section 1236 of the Disaster Recovery Reform Act of 2018 ( 42 U.S.C. 5196g ); and (3) the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394). (c) Assessment and notification \nIn carrying out subsection (a), the Administrator shall— (1) use any available and appropriate multi-hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and (2) ensure each State and Indian Tribal government is aware of— (A) the communities identified under paragraph (1); and (B) the availability of programming under this section for— (i) technological hazards and related emerging threats preparedness; and (ii) building community capability. (d) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to— (1) actions taken to implement this section; and (2) technological hazards and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report. (e) Consultation \nThe Secretary of Homeland Security may seek continuing input relating to technological hazards and related emerging threats preparedness needs by consulting State, Tribal, Territorial territorial , and local emergency services organizations and private sector stakeholders.", "id": "id0F90C90F90A14FFCA2CB180A15E83FE6", "header": "Assistance and Training for Communities with Technological Hazards and Related Emerging Threats" }, { "text": "4. Authorization of Appropriations \nThere are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2023 through 2024.", "id": "id3B99A3F706414D3697B0DBC73E3AADAB", "header": "Authorization of Appropriations" }, { "text": "5. Savings provision \nNothing in this Act shall diminish or divert resources from— (1) the full completion of federally-led chemical surety material storage missions or chemical demilitarization missions that are underway as of the date of enactment of this Act; or (2) any transitional activities or other community assistance incidental to the completion of the missions described in paragraph (1).", "id": "id47E3CB7EEFA84967AD7C69231B20FD23", "header": "Savings provision" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Technological Hazards Preparedness and Training Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Indian Tribal Government \nThe term Indian Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (3) Local Government; State \nThe terms local government and State have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (4) Technological Hazard and Related Emerging Threat \nThe term technological hazard and related emerging threat — (A) means a hazard that involves materials created by humans that pose a unique hazard to the general public and environment and which may result from— (i) an accident; (ii) an emergency caused by another hazard; or (iii) intentional use of the hazardous materials; and (B) includes a chemical, radiological, biological, and nuclear hazard.", "id": "id868A3D5AA3B14715999D6E083823BA0D", "header": "Definitions" }, { "text": "3. Assistance and Training for Communities with Technological Hazards and Related Emerging Threats \n(a) In general \nThe Administrator shall maintain the capacity to provide States and local governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats. (b) Authorities \nThe Administrator shall carry out subsection (a) in accordance with— (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (2) section 1236 of the Disaster Recovery Reform Act of 2018 ( 42 U.S.C. 5196g ); and (3) the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394). (c) Assessment and notification \nIn carrying out subsection (a), the Administrator shall— (1) use any available and appropriate multi-hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and (2) ensure each State and Indian Tribal government is aware of— (A) the communities identified under paragraph (1); and (B) the availability of programming under this section for— (i) technological hazards and related emerging threats preparedness; and (ii) building community capability. (d) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to— (1) actions taken to implement this section; and (2) technological hazards and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report. (e) Consultation \nThe Secretary of Homeland Security may seek continuing input relating to technological hazards and related emerging threats preparedness needs by consulting State, Tribal, territorial, and local emergency services organizations and private sector stakeholders.", "id": "id0F90C90F90A14FFCA2CB180A15E83FE6", "header": "Assistance and Training for Communities with Technological Hazards and Related Emerging Threats" }, { "text": "4. Authorization of Appropriations \nThere are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2023 through 2024.", "id": "id3B99A3F706414D3697B0DBC73E3AADAB", "header": "Authorization of Appropriations" }, { "text": "5. Savings provision \nNothing in this Act shall diminish or divert resources from— (1) the full completion of federally-led chemical surety material storage missions or chemical demilitarization missions that are underway as of the date of enactment of this Act; or (2) any transitional activities or other community assistance incidental to the completion of the missions described in paragraph (1).", "id": "id47E3CB7EEFA84967AD7C69231B20FD23", "header": "Savings provision" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Technological Hazards Preparedness and Training Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Indian Tribal Government \nThe term Indian Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (3) Local Government; State \nThe terms local government and State have the meaning given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (4) Technological Hazard and Related Emerging Threat \nThe term technological hazard and related emerging threat — (A) means a hazard that involves materials created by humans that pose a unique hazard to the general public and environment and which may result from— (i) an accident; (ii) an emergency caused by another hazard; or (iii) intentional use of the hazardous materials; and (B) includes a chemical, radiological, biological, and nuclear hazard.", "id": "id868A3D5AA3B14715999D6E083823BA0D", "header": "Definitions" }, { "text": "3. Assistance and Training for Communities with Technological Hazards and Related Emerging Threats \n(a) In general \nThe Administrator shall maintain the capacity to provide States and local governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats. (b) Authorities \nThe Administrator shall carry out subsection (a) in accordance with— (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (2) section 1236 of the Disaster Recovery Reform Act of 2018 ( 42 U.S.C. 5196g ); and (3) the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394). (c) Assessment and notification \nIn carrying out subsection (a), the Administrator shall— (1) use any available and appropriate multi-hazard risk assessment and mapping tools and capabilities to identify the communities that have the highest risk of and vulnerability to a technological hazard in each State; and (2) ensure each State and Indian Tribal government is aware of— (A) the communities identified under paragraph (1); and (B) the availability of programming under this section for— (i) technological hazards and related emerging threats preparedness; and (ii) building community capability. (d) Report \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report relating to— (1) actions taken to implement this section; and (2) technological hazards and related emerging threats preparedness programming provided under this section during the 1-year period preceding the date of submission of the report. (e) Consultation \nThe Secretary of Homeland Security may seek continuing input relating to technological hazards and related emerging threats preparedness needs by consulting State, Tribal, Territorial, and local emergency services organizations and private sector stakeholders.", "id": "id0F90C90F90A14FFCA2CB180A15E83FE6", "header": "Assistance and Training for Communities with Technological Hazards and Related Emerging Threats" }, { "text": "4. Authorization of Appropriations \nThere are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2023 through 2024.", "id": "id3B99A3F706414D3697B0DBC73E3AADAB", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Child and Dependent Care Tax Credit Enhancement Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Enhancement of Child and Dependent Care Tax Credit \n(a) In general \nParagraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Applicable percentage \n(A) In general \nFor purposes of paragraph (1), the term applicable percentage means 50 percent reduced (but not below the phaseout percentage) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $125,000. (B) Phaseout percentage \nFor purposes of subparagraph (A), the term phaseout percentage means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $400,000.. (b) Increase in dollar limit on amount creditable \nSubsection (c) of section 21 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking $3,000 and inserting $8,000 ; and (2) in paragraph (2), by striking $6,000 and inserting $16,000. (c) Special rule for married couples filing separate returns \nParagraph (2) of section 21(e) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Married couples filing separate returns \n(A) In general \nIn the case of married individuals who do not file a joint return for the taxable year— (i) the applicable percentage under subsection (a)(2) and the number of qualifying individuals and aggregate amount excludable under section 129 for purposes of subsection (c) shall be determined with respect to each such individual as if the individual had filed a joint return with the individual's spouse, and (ii) the aggregate amount of the credits allowed under this section for such taxable year with respect to both spouses shall not exceed the amount which would have been allowed under this section if the individuals had filed a joint return. (B) Regulations \nThe Secretary shall prescribe such regulations or other guidance as is necessary to carry out the purposes of this subsection.. (d) Adjustment for inflation \nSection 21 of the Internal Revenue Code of 1986 is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Inflation adjustment \n(1) In general \nIn the case of a calendar year beginning after 2022, the $125,000 amount in paragraph (2) of subsection (a) and the dollar amounts in subsection (c) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \nIf any dollar amount, after being increased under paragraph (1), is not a multiple of $100, such dollar amount shall be rounded to the next lowest multiple of $100.. (e) Credit To be\t\t\t refundable \n(1) In general \nThe Internal Revenue Code of 1986 is amended— (A) by redesignating section 21 as section 36C; and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments \n(A) Paragraph (1) of section 23(f) of the Internal Revenue Code of 1986 is amended by striking 21(e) and inserting 36C(e). (B) Paragraph (6) of section 35(g) of such Code is amended by striking 21(e) and inserting 36C(e). (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking this chapter and inserting this subtitle. (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking section 21(e) and inserting section 36C(e). (E) Paragraph (2) of section 129(b) of such Code is amended by striking section 21(d)(2) and inserting section 36C(d)(2). (F) Paragraph (1) of section 129(e) of such Code is amended by striking section 21(b)(2) and inserting section 36C(b)(2). (G) Subsection (e) of section 213 of such Code is amended by striking section 21 and inserting section 36C. (H) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking section 21 and inserting section 36C. (I) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking section 21, 24, or 32, and inserting section 24, 32, or 36C,. (J) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B,. (K) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: Sec. 36C. Expenses for household and\t\t\t\tdependent care services necessary for gainful employment.. (L) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2021.", "id": "id09F29F680F404C49A278AF9B7DCB9017", "header": "Enhancement of Child and Dependent Care Tax Credit" } ]

[ { "text": "1. Prohibition on Federal funds \n(a) In general \nNotwithstanding any other provision of law, no Federal funds made available to the District of Columbia may be used to allow individuals who are not citizens of the United States to vote in any election. (b) Certification \nUpon application for, approval for, or receipt of any Federal funds, the government of the District of Columbia shall certify that the government does not permit individuals who are not citizens of the United States to vote in any election. (c) Application \nThe requirements under this section shall apply with respect to any Federal funds applied for, approved for, received by, or made available to the District of Columbia on or after the date on which this bill is introduced in the Senate.", "id": "id5FA99DFA2DCA4252BCA5A053EFEEBE8B", "header": "Prohibition on Federal funds" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Securing America’s Land from Foreign Interference Act.", "id": "HA384110BA1584EA4B610AF16C3C48D16", "header": "Short title" }, { "text": "2. Prohibition on purchase of public or private real estate located in the United States by the Chinese Communist Party \n(a) In general \nNotwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by any member of the Chinese Communist Party or any foreign person acting for or on behalf of the Chinese Communist Party. (b) Definitions \nIn this section: (1) Foreign person \nThe term foreign person means an individual or entity that is not a United States person. (2) United States \nThe term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (3) United states person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.", "id": "H4DFCD9ED400B4951B35351CE747205BA", "header": "Prohibition on purchase of public or private real estate located in the United States by the Chinese Communist Party" }, { "text": "3. Penalty amount under Agricultural Foreign Investment Disclosure Act of 1978 \nSection 3(b) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502(b) ) is amended by striking exceed 25 percent of and inserting be less than 10 percent, or exceed 25 percent, of.", "id": "idBBDA771A837C4787A19127F4EB33D5EA", "header": "Penalty amount under Agricultural Foreign Investment Disclosure Act of 1978" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Old Pascua Community Land Acquisition Act.", "id": "H35537AAD36354FC5ABFD6D08E4A58017", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Compact-designated area \nThe term Compact Designated Area means the area south of West Grant Road, east of Interstate 10, north of West Calle Adelanto, and west of North 15th Avenue in the City of Tucson, Arizona, as provided specifically in the Pascua Yaqui Tribe—State of Arizona Amended and Restated Gaming Compact signed in 2021. (2) Tribe \nThe term Tribe means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe. (3) Indian tribe \nThe term Indian Tribe — (A) means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (B) does not include any Alaska Native regional or village corporation. (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "HF418B0420A5C46D096D1556919CC015A", "header": "Definitions" }, { "text": "3. Land to be held in trust \nUpon the request of the Tribe, the Secretary shall accept and take into trust for the benefit of the Tribe, subject to all valid existing rights, any land within the Compact-Designated Area that is owned by Tribe.", "id": "H6B8293EB081A4787AC4FC7DF772A2747", "header": "Land to be held in trust" }, { "text": "4. Application of current law \nGaming conducted by the Tribe in the Compact-Designated Area shall be subject to— (1) the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ); and (2) sections 1166 through 1168 of title 18, United States Code.", "id": "H95107A7758AC4398A13649B91D106AA1", "header": "Application of current law" }, { "text": "5. Reaffirmation of status and actions \n(a) Administration \nLand placed into trust pursuant to this Act shall— (1) be a part of the Pascua Yaqui Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and (2) be deemed to have been acquired and taken into trust on September 18, 1978. (b) Rules of construction \nNothing in this Act shall— (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; (3) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or (4) alter or diminish the right of the Tribe to seek to have additional land taken into trust by the United States for the benefit of the Tribe.", "id": "H6AF7878F4ED64F6C9B2F102684846E35", "header": "Reaffirmation of status and actions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Life and Taxpayers Act of 2021.", "id": "H054EAF79F37941E18D6364FAE138DB7B", "header": "Short title" }, { "text": "2. Prohibition on abortion \n(a) Prohibition \nNo Federal funds may be provided (directly or indirectly, including through contract or subcontract) to an entity unless the entity certifies that, during the period for which such funds are provided, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. (b) Exception \nSubsection (a) does not apply with respect to an abortion where— (1) the pregnancy is the result of rape or incest; or (2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by, or arising from, the pregnancy itself. (c) Hospitals \nSubsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period for which funds described in subsection (a) are provided to such hospital, provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)). (d) Definitions \nIn this section: (1) The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with, such entity. (2) The term hospital has the meaning given such term in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) ).", "id": "HAB84F094BD0847A79C4970BB574274DB", "header": "Prohibition on abortion" } ]

[ { "text": "1. Prohibiting 2021 Recovery Rebates from being provided to certain prisoners \n(a) In general \nSection 6428B of the Internal Revenue Code of 1986, as added by section 9601 of the American Rescue Plan Act of 2021, is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; (2) in subsection (j), as so redesignated, by striking subsection (h)(1) each place it appears and inserting subsection (i)(1) ; and (3) by inserting after subsection (g) the following: (h) Special rules with respect to certain prisoners \n(1) Disallowance of credit \n(A) In general \nSubject to subparagraph (B), no credit shall be allowed under subsection (a) to an eligible individual who is, for each day during calendar year 2021— (i) confined in a jail, prison, or other penal institution or correctional facility pursuant to the conviction of the individual for a sex offense involving a minor (other than an offense involving child pornography) under Federal or State law; or (ii) is confined by court order in an institution at public expense in connection with— (I) a verdict or finding that the individual is guilty but insane, with respect to a sex offense involving a minor (other than an offense involving child pornography) under Federal or State law; (II) a verdict or finding that the individual is not guilty of such an offense by reason of insanity; (III) a finding that such individual is incompetent to stand trial under an allegation of such an offense; or (IV) a similar verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect, or mental incompetence). (B) Joint return \nIn the case of eligible individuals filing a joint return where 1 spouse is described in subparagraph (A), subsection (b)(1) shall be applied by substituting $1,400 for $2,800. (2) Denial of advance refund or credit \nNo refund or credit shall be made or allowed under subsection (g) with respect to any individual whom the Secretary has knowledge is, at the time of any determination made pursuant to paragraph (3) of such subsection, described in clause (i) or (ii) of paragraph (1)(A) of this subsection.. (b) Crime Victims Fund \n(1) In general \nThere are transferred to the Crime Victims Fund, established under section 1402 of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101 ), out of any money in the Treasury not otherwise obligated, an amount equal to the total reduction in outlays by reason of the amendment made by subsection (a). (2) Use of funds \nAny amount transferred to the Crime Victims Fund under paragraph (1) shall be merged with and be available for the same purposes as amounts deposited in the Crime Victims Fund under section 1402(b) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(b) ). (c) Effective date \nThe amendments made by subsection (a) shall take effect as if included in the enactment of section 9601 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ).", "id": "S1", "header": "Prohibiting 2021 Recovery Rebates from being provided to certain prisoners" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Mental Health Reform Reauthorization Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Substance abuse and mental health services administration \nSection 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) in paragraph (5), by inserting coordination between programs and Centers of Excellence regarding promising and best practices and dissemination to the field and after , including ; (2) in paragraph (24)(E), by striking ; and and inserting a semicolon; (3) in paragraph (25), by striking the period and inserting ; and ; and (4) by adding at the end the following: (26) coordinate with the Centers for Medicare & Medicaid Services to promote coverage of evidence-based prevention and treatment services, improve quality of care, and identify opportunities for State Medicaid agencies and State mental health and substance use disorder agencies to collaborate, including through the braiding of funds, demonstration programs, waivers, amendments to State plans under section 1912, other State flexibilities, and agency guidance for all populations enrolled in Medicaid programs..", "id": "idF9F7DED0F21D43CE8579DFB3BDEEEB1C", "header": "Substance abuse and mental health services administration" }, { "text": "3. Community mental health services block grant \n(a) Funding \nSection 1920 of the Public Health Service Act ( 42 U.S.C. 300x–9 ) is amended— (1) in subsection (a), by striking $532,571,000 for each of fiscal years 2018 through 2022 and inserting 1,000,000,000 for each of fiscal years 2023 through 2027 ; and (2) by adding at the end the following: (d) Crisis care \n(1) In general \nExcept as provided in paragraph (3), a State shall expend not less than 5 percent of the amount the State receives pursuant to section 1911 for each fiscal year to support evidenced-based programs. (2) Core elements \nAt the discretion of the single State agency responsible for the administration of the program of the State under a grant under section 1911, funds expended pursuant to paragraph (1) may be used to fund some or all of the core crisis care service components, delivered according to evidence-based principles, including the following: (A) Crisis call centers. (B) 24/7 mobile crisis services. (C) Crisis stabilization programs offering acute care or subacute care in a hospital or appropriately licensed facility, as determined by the Substance Abuse and Mental Health Services Administration, with referrals to inpatient or outpatient care. (3) State flexibility \nIn lieu of expending 5 percent of the amount the State receives pursuant to section 1911 for a fiscal year to support evidence-based programs as required by paragraph (1), a State may elect to expend not less than 10 percent of such amount to support such programs by the end of 2 consecutive fiscal years. (e) Prevention \n(1) In general \nExcept as provided in paragraph (3), a State shall expend not less than 5 percent of the amount the State receives pursuant to section 1911 for each fiscal year to support evidenced-based early identification and early intervention programs that prevent or mitigate the development of mental illness in individuals, including children and adolescents, who may be at risk of developing a serious mental illness or serious emotional disturbance, within the meaning of such term as defined by the Secretary pursuant to section 1912, or as determined through the use of evidence-based screening instruments or clinical assessment. (2) Core elements \nAt the discretion of the single State agency responsible for the administration of the program of the State under a grant under section 1911, funds expended pursuant to paragraph (1) shall be used for evidence-based practices that follow or exceed the quality of generally accepted standards of care. (3) State flexibility \nIn lieu of expending 5 percent of the amount the State receives pursuant to section 1911 for a fiscal year to support evidence-based early identification and early intervention programs as required by paragraph (1), a State may elect to expend not less than 10 percent of such amount to support such programs by the end of 2 consecutive fiscal years. (f) Reports by the Secretary \n(1) In general \nThe Secretary shall— (A) commission longitudinal follow-up studies of the population of individuals served by funds expended pursuant to subsection (e)(1) to determine clinical outcomes that may be associated with such funds, including crisis services utilization and emergency department visits and hospitalizations related to mental illness, prevalence of suicidal behavior, mortality, disability income, high school graduation rates, employment status and successful timely reunification, placement stability, and permanency for children in foster care, disaggregated by mental illness diagnosis; and (B) submit a biennial report summarizing incremental findings of the studies conducted under paragraph (1) to Congress. (2) Requirements \nIn carrying out paragraph (1)(A), the Secretary shall— (A) solicit feedback from stakeholders, including pediatric experts, on outcomes to use for different age groups and populations; and (B) consider how States who have received funding are partnering with providers to increase access to mental health services specific to adults and to children. (g) Special rule \nThe requirements described in subsection (b)(1)(A)(vi) for a State plan required under such section shall not apply with respect to funds allocated for the purposes described in subsections (d) and (e).. (b) Restrictions on use of payments \nSection 1916(a) of the Public Health Service Act ( 42 U.S.C. 300x–5(a) ) is amended— (1) in paragraph (3), by adding or after the semicolon; (2) in paragraph (4), by striking ; or and inserting a period; and (3) by striking paragraph (5).", "id": "id056BD2D5E8A9415C82724BB43BC97CBD", "header": "Community mental health services block grant" }, { "text": "4. Grants for jail diversion programs \nSection 520G of the Public Health Service Act ( 42 U.S.C. 290bb–38 ) is amended— (1) in subsection (c)(2)(A)(i)— (A) by inserting support continuity of care (including in consultation with the individual's mental health clinician when feasible and with continuation of previously prescribed psychotropic medication and medication for the treatment of substance use disorder, as appropriate), after evidence-based practices, ; (B) by inserting to relevant medications approved by the Food and Drug Administration after management and access ; and (C) by inserting peer recovery support services, after co-occurring substance use disorder treatment, ; (2) in subsection (e)(4) by inserting and response (including suicide prevention) after crisis intervention ; and (3) in subsection (j), by striking $4,269,000 for each of fiscal years 2018 through 2022 and inserting $6,269,000 for each of fiscal years 2023 through 2027.", "id": "idFE605557E4A1475ABD3BD5CD6BCD1683", "header": "Grants for jail diversion programs" }, { "text": "5. Assisted outpatient treatment \nSection 224 of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 ; 42 U.S.C. 290aa note) is amended— (1) in subsection (e)— (A) in the matter preceding paragraph (1), by striking each of fiscal years 2016, 2017, 2018, 2019, 2020, 2021, and 2022 and inserting fiscal year 2027 ; (B) by striking paragraphs (2) and (3) and inserting the following: (2) Impact of assisted outpatient treatment on rates of psychiatric hospitalization, homelessness, arrest, and incarceration of patients. (3) Significant variations in program design among grantees, including variations in the role of courts in monitoring and motivating patient progress, and the comparative impacts of such variations upon program outcomes. ; and (C) by adding at the end the following: (5) Use of psychiatric advance directives or other methods for patient input in care. ; (2) in subsection (f)(1), by striking local court and inserting local civil court ; and (3) in subsection (g)— (A) in paragraph (1), by striking 2015 through 2022 and inserting 2023 through 2027 ; and (B) in paragraph (2), by striking $15,000,000 for each of and all that follows through 2022 and inserting $21,000,000 for each of fiscal years 2023 through 2027.", "id": "H8480529598964960B058A6D18A0C2F66", "header": "Assisted outpatient treatment" }, { "text": "6. Projects for assistance in transition from homelessness \nPart C of title V of the Public Health Service Act ( 42 U.S.C. 290cc–21 et seq. ) is amended— (1) in section 522(g)(1) ( 42 U.S.C. 290cc–22(g)(1) ) by striking 20 percent and inserting 25 percent ; and (2) in section 535(a) ( 42 U.S.C. 290cc–35(a) ), by striking $64,635,000 for each of fiscal years 2018 through 2022 and inserting $64,635,000 for each of fiscal years 2023 through 2027.", "id": "id902AADDBABED4E8AAA7853660B268EEC", "header": "Projects for assistance in transition from homelessness" }, { "text": "7. Grants to support mental health and substance use disorder parity implementation \n(a) In general \nSection 2794(c) of the Public Health Service Act ( 42 U.S.C. 300gg–94(c) ) (as added by section 1003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended by adding at the end the following: (3) Parity implementation \n(A) In general \nBeginning 60 days after the date of enactment of the Parity Implementation Assistance Act , the Secretary shall award grants to States to implement the mental health and substance use disorder parity provisions of section 2726, provided that in order to receive such a grant, a State is required to request and review from health insurance issuers offering group or individual health insurance coverage the comparative analyses and other information required of such health insurance issuers under subsection (a)(8)(A) of such section 2726 regarding the design and application of nonquantitative treatment limitations imposed on mental health or substance use disorder benefits. (B) Authorization of appropriations \nFor purposes of awarding grants under subparagraph (A), there are authorized to be appropriated $25,000,000 for each of the first five fiscal years beginning after the date of the enactment of this paragraph.. (b) Technical amendment \nSection 2794 of the Public Health Service Act ( 42 U.S.C. 300gg–95 ), as added by section 6603 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is redesignated as section 2795.", "id": "HF3F6F7789804470CA49D20AD328A6466", "header": "Grants to support mental health and substance use disorder parity implementation" }, { "text": "8. Eliminating the opt-out for non-Federal governmental health plans \nSection 2722(a)(2) of the Public Health Service Act ( 42 U.S.C. 300gg–21(a)(2) ) is amended by adding at the end the following new subparagraph: (F) Sunset of election option \n(i) In general \nNotwithstanding the preceding provisions of this paragraph— (I) no election described in subparagraph (A) with respect to the provisions of section 2726 may be made on or after the date of enactment of this subparagraph; and (II) except as provided in clause (ii), no such election with respect to the provisions of section 2726 expiring on or after the date that is 180 days after the date of such enactment may be renewed. (ii) Exception for certain collectively bargained plans \nNotwithstanding clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such subparagraph of varying lengths and that has an election in effect under subparagraph (A) as of the date of enactment of this subparagraph that expires on or after the date that is 180 days after the date of such enactment may extend such election until the date on which the term of the last such agreement expires. (iii) Guidance \nThe Secretary shall issue guidance to plans to support carrying out activities under this section with regard to section 2726, including the requirements under subsection (a)(8) of such section. Such guidance shall include an explanation of documents that are required to be disclosed and analyses that are required to be conducted pursuant to such subsection (a)(8), including how nonquantitative treatment limitations are applied to mental health or substance use disorder benefits and medical or surgical benefits covered under the plan, in order for such plan to demonstrate compliance with this section and section 2726..", "id": "idca411e5990e74b1b950592e006ab6c2c", "header": "Eliminating the opt-out for non-Federal governmental health plans" }, { "text": "9. Minority fellowship program \nSection 597 of the Public Health Service Act ( 42 U.S.C. 290ll ) is amended— (1) in subsection (b), by inserting addiction medicine, after mental health counseling, ; and (2) in subsection (c), by striking $12,669,000 for each of fiscal years 2018 through 2022 and inserting $25,000,000 for each of fiscal years 2023 through 2027.", "id": "idF27FC1834DA542459DA06D79865C011D", "header": "Minority fellowship program" }, { "text": "10. Priority mental health needs of regional and national significance \nSection 520A of the Public Health Service Act ( 42 U.S.C. 290bb–32 ) is amended by striking 2018 through 2022 and inserting 2023 through 2027.", "id": "id1FA7BF840AA74F0187786EBC60EC034C", "header": "Priority mental health needs of regional and national significance" }, { "text": "11. Encouraging innovation and evidence-based programs within the national mental health and substance use policy laboratory \n(a) Reauthorization \nSection 501A(e)(3) of the Public Health Service Act ( 42 U.S.C. 290aa–0(e)(3) ) is amended by striking 2018 through 2020 each place it appears and inserting 2023 through 2027. (b) GAO study \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall perform a report on the work of the National Mental Health and Substance Use Policy Laboratory established under section 501A of the Public Health Service Act ( 42 U.S.C. 290aa–0 ), including— (1) the extent to which such Laboratory is meeting its responsibilities as set forth in such section 501A; and (2) any recommendations for improvement, including methods to expand the use of evidence-based practices across programs, recommendations to improve program evaluations for effectiveness, and dissemination of resources to stakeholders and the public.", "id": "id46C3E1C1234B4360A5F09F2279F80420", "header": "Encouraging innovation and evidence-based programs within the national mental health and substance use policy laboratory" }, { "text": "12. Programs for children with a serious emotional disturbance \nSection 565(f) of the Public Health Service Act ( 42 U.S.C. 290ff–4(f) ) is amended— (1) in paragraph (1), by striking $119,026,000 for each of fiscal years 2018 through 2022 and inserting $125,000,000 for each of fiscal years 2023 through 2027 ; and (2) by moving the margin of paragraph (2) 2 ems to the right.", "id": "id909C7631B5944165B58B60AF11895A55", "header": "Programs for children with a serious emotional disturbance" }, { "text": "13. Mental and behavioral health education and training grants \nSection 756(f) of the Public Health Service Act ( 42 U.S.C. 294e–1(f) ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking 2019 through 2023 and inserting 2023 through 2027 ; and (B) by striking $50,000,000 and inserting $102,000,000 ; (2) in paragraph (1), by striking $15,000,000 and inserting $30,500,000 ; (3) in paragraph (2), by striking $15,000,000 and inserting $30,500,000 ; (4) in paragraph (3), by striking $10,000,000 and inserting $20,500,000 ; and (5) in paragraph (4), by striking $10,000,000 and inserting $20,500,000.", "id": "id5D9B37DA009744F3B65B7915CBA2796E", "header": "Mental and behavioral health education and training grants" }, { "text": "14. Development and dissemination of model training programs under HIPAA \nSection 11004 of the 21st Century Cures Act ( Public Law 114–255 ; 42 U.S.C. 1320d–2 note) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (2) by inserting after subsection (b) the following: (b) Reports to Congress \nThe Secretary shall submit a report to Congress— (1) not later than 1 year after the date of enactment of the Mental Health Reform Reauthorization Act of 2022 , on actions taken pursuant to subsection (b); and (2) not later than 2 years after the date of submission of the report under paragraph (1), on updates made to the model programs and materials described in subsection (a) after the release of the final regulations required under section 3221(i) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ). ; and (3) in subsection (f), as so redesignated, by striking this section— and all that follows through the end of paragraph (3) and inserting the following: this section $1,000,000 for each of fiscal years 2023 through 2027.", "id": "idD0982B67C028431A9ECD08E12F29234C", "header": "Development and dissemination of model training programs under HIPAA" }, { "text": "15. Promoting integration of primary care and behavioral health \nSection 520K of the Public Health Service Act ( 42 U.S.C. 290bb–42 ) is amended— (1) in subsection (c)(2)— (A) in subparagraph (D), by striking ; and and inserting a semicolon; (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: (E) a description of how validated rating scales will be implemented to support the improvement of patient outcomes using measurement-based care, including related to depression screening, patient follow up, and symptom improvement; and ; and (2) in subsection (h), by striking $51,878,000 for each of fiscal years 2018 through 2022 and inserting $52,877,000 for each of fiscal years 2023 through 2027.", "id": "idBBF8146DE28E4225993100E9B9A0D62E", "header": "Promoting integration of primary care and behavioral health" }, { "text": "16. Pediatric mental health care access grant program \nSection 330M of the Public Health Service Act ( 42 U.S.C. 254c–19 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (G)— (I) by inserting developmental-behavioral pediatricians, after adolescent psychiatrists, ; and (II) by inserting , and which may include addiction specialists, after mental health counselors ; (ii) in subparagraph (H), by striking ; and and inserting a semicolon; (iii) in subparagraph (I), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (J) maintain an up-to-date list of community-based supports for children with mental health conditions. ; (B) in paragraph (2), by inserting , and which may include a developmental-behavioral pediatrician and an addiction specialist before the period at the end of the first sentence; and (C) by adding at the end the following: (3) Support to schools and emergency departments \nIn addition to the required activities specified in paragraph (1), a statewide or regional network of pediatric mental health teams referred to in subsection (a), with respect to which a grant under such subsection may be used, may provide support to schools and emergency departments. ; (2) by redesignating subsection (g) as subsection (h); (3) by inserting after subsection (f) the following: (g) Technical assistance \nThe Secretary may award a grant to an eligible entity for purposes of providing technical assistance to recipients of grants under subsection (a). ; and (4) in subsection (h), as so redesignated, by striking $9,000,000 for the period of fiscal years 2018 through 2022 and inserting $14,000,000 for each of fiscal years 2023 through 2025 and $30,000,000 for each of fiscal years 2026 and 2027.", "id": "id2D46EBD9EB9A4985992C0A81CA5C1ACF", "header": "Pediatric mental health care access grant program" }, { "text": "17. Training in behavioral health for primary care providers caring for pediatric populations \nThe Advisory Committee on Training in Primary Care Medicine and Dentistry of the Health Resources and Services Administration shall convene and issue a report that includes— (1) recommendations to optimize the content and competencies of trainees and primary care providers treating pediatric populations to address behavioral health conditions; and (2) best practices for training pediatric providers in behavioral health conditions, utilization of evidence-based screening tools, and follow up care to higher levels of care, when appropriate.", "id": "id06ed1ae5a23447888cb5929a55f0d67d", "header": "Training in behavioral health for primary care providers caring for pediatric populations" }, { "text": "18. First episode psychosis \n(a) Review of use of certain funding \nNot later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall conduct a review of the use by States of funds made available under the Community Mental Health Services Block Grant subpart I of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x et seq. ) for First Episode Psychosis activities. Such review shall consider the following: (1) How the States use funds for evidence-based treatments and services according to the standard of care for those with serious mental illness, including the comprehensiveness of such treatments to include all aspects of the recommended intervention. (2) How State mental health departments are coordinating with State Medicaid departments in the delivery of the treatments and services described in paragraph (1). (3) What percentage of the State funding under the block grant is being applied toward First Episode Psychosis in excess of 10 percent of the amount of the grant, as broken down on a State-by-State basis. The review shall also identify any States that fail to expend the required 10 percent of block grant funds on First Episode Psychosis activities. (4) How many individuals are served by the expenditures described in paragraph (3), broken down on a per-capita basis. (5) How the funds are used to reach individuals in underserved populations, including individuals in rural areas and individuals from minority groups. (b) Report and guidance \n(1) Report \nNot later than 6 months after the completion of the review under subsection (a), the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall submit to the appropriate authorization and appropriations committees of Congress, a report on the finding made as a result of the review conducted under subsection (a). Such report shall include any recommendations with respect to any changes to the Community Mental Health Services Block Grant program, including the set aside required for First Episode Psychosis, that would facilitate improved outcomes for the targeted population involved. (2) Guidance \nNot later than 1 year after the date on which the report is submitted under paragraph (1), the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall update the guidance provided to States under the Community Mental Health Services Block Grant based on the findings and recommendations of the report. (c) Technical assistance \nThe Director of the National Institute of Mental Health shall coordinate with the Assistant Secretary for Mental Health and Substance Use in providing technical assistance to State grantees and provider subgrantees in the delivery of services for First Episode Psychosis under the Community Mental Health Services Block Grant.", "id": "idaa3bd1a0d34048abb7b0e0a9ef80a141", "header": "First episode psychosis" }, { "text": "19. CMS study and report regarding adherence to standard of care for treatment of individuals with serious mental illness and children with serious emotional disturbance under Medicare and Medicaid \n(a) Study \nThe Administrator of the Centers for Medicare & Medicaid Services shall review claims relating to treatment of individuals with serious mental illness and children with serious emotional disturbance made under the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and the Medicaid program established under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) and the State Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ) for purposes of assessing the extent to which such individuals receive evidence-based treatments according to the standard of care for those with serious mental illness and serious emotional disturbance and the extent to which the comprehensiveness of such treatments includes all aspects of a recommended intervention under the applicable standard of care. (b) Report \nNot later than 6 months after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall submit to Congress a report on the study required by subsection (a).", "id": "idca1689fa8e1b49619bcb344be5c50774", "header": "CMS study and report regarding adherence to standard of care for treatment of individuals with serious mental illness and children with serious emotional disturbance under Medicare and Medicaid" }, { "text": "20. Guidance for States relating to coverage recommendations of health care services and interventions for individuals with serious mental illness and children with serious emotional disturbance \nNot later than 2 years after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services, jointly with the Assistant Secretary for Mental Health and Substance Use and the Director of the National Institute of Mental Health— (1) shall provide updated guidance to States concerning— (A) coverage recommendations relating to health care services and interventions for those with serious mental illness, specifically First Episode Psychosis; and (B) the manner in which Federal funding provided to States through programs administered by such agencies, including the Community Mental Health Services Block Grant program under subpart I of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x et seq. ), may be coordinated to support individuals with serious mental illness and serious emotional disturbance; and (2) may streamline relevant State reporting requirements if such streamlining would result in making it easier for States to coordinate funding under the programs described in paragraph (1)(B) to improve treatments for individuals with serious mental illness and serious emotional disturbance.", "id": "id9469f13872384523986d7a084058d4e3", "header": "Guidance for States relating to coverage recommendations of health care services and interventions for individuals with serious mental illness and children with serious emotional disturbance" }, { "text": "21. GAO study on data collection and public reporting \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Assistant Secretary for Mental Health and Substance Use and the Secretary of Health and Human Services, shall perform a study on areas to improve data reporting across programs of the Substance Abuse and Mental Health Services Administration. Such report and evaluation shall include— (1) recommendations for improvements to— (A) data collected from recipients of grants, contract, and cooperative agreements from the Substance Abuse and Mental Health Services Administration; (B) utilization of outcome measures and evidence-based practices; (C) program performance evaluations; and (D) the impact of grant funding on different age groups and populations, including children and adolescents; (2) a review of how the State plans required under section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1 ) and section 1932 of such Act ( 42 U.S.C. 300x–32 ) and reports required under section 1942 of such Act ( 42 U.S.C. 300x–52 ) could be updated and simplified; and (3) areas to improve dissemination and how data should be reported to the public.", "id": "id3f0c193b9d934333b4bf62920340b160", "header": "GAO study on data collection and public reporting" }, { "text": "22. Primary care training and enhancement for mental health \nSection 747(c)(2) of the Public Health Service Act ( 42 U.S.C. 293k(c)(2) ) is amended— (1) by striking Fifteen percent and inserting the following: (A) Physician assistant training programs \nFifteen percent ; and (2) by adding at the end the following: (B) Mental health programs \nTen percent of the amount appropriated pursuant to paragraph (1) in each such fiscal year shall be allocated to training programs focused on mental health, with an emphasis on primary care for pediatric populations..", "id": "id6c4aa9e4c42e42979a56761cfba37d82", "header": "Primary care training and enhancement for mental health" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Safeguarding American Innovation Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Federal Research Security Council. Sec. 4. Federal grant application fraud. Sec. 5. Restricting the acquisition of goods, technologies, and sensitive information to certain aliens. Sec. 6. Limitations on educational and cultural exchange programs. Sec. 7. Amendments to disclosures of foreign gifts.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Federal science agency \nThe term Federal science agency means any Federal department or agency to which more than $100,000,000 in research and development funds were appropriated for the previous fiscal year. (2) Research and development \n(A) In general \nThe term research and development means all research activities, both basic and applied, and all development activities. (B) Development \nThe term development means experimental development. (C) Experimental development \nThe term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research \nThe term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function.", "id": "id0BBEBDF883A64BCF84F9264A59F2E9FB", "header": "Definitions" }, { "text": "3. Federal Research Security Council \n(a) In general \nSubtitle V of title 31, United States Code, is amended by adding at the end the following: 79 Federal Research Security Council \nSec. 7901. Definitions. 7902. Federal Research Security Council establishment and membership. 7903. Functions and authorities. 7904. Strategic plan. 7905. Annual report. 7906. Requirements for Executive agencies. 7901. Definitions \nIn this chapter: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Foreign Relations of the Senate ; (E) the Committee on Armed Services of the Senate ; (F) the Committee on Health, Education, Labor, and Pensions of the Senate ; (G) the Committee on Oversight and Reform of the House of Representatives ; (H) the Committee on Homeland Security of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Permanent Select Committee on Intelligence of the House of Representatives ; (K) the Committee on Foreign Affairs of the House of Representatives ; (L) the Committee on Armed Services of the House of Representatives; and (M) the Committee on Education and Labor of the House of Representatives. (2) Council \nThe term Council means the Federal Research Security Council established under section 7902(a). (3) Executive agency \nThe term Executive agency has the meaning given that term in section 105 of title 5. (4) Federal research security risk \nThe term Federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by Executive agencies. (5) Insider \nThe term insider means any person with authorized access to any United States Government resource, including personnel, facilities, information, research, equipment, networks, or systems. (6) Insider threat \nThe term insider threat means the threat that an insider will use his or her authorized access (wittingly or unwittingly) to harm the national and economic security of the United States or negatively affect the integrity of a Federal agency’s normal processes, including damaging the United States through espionage, sabotage, unauthorized disclosure of national security information or non-public information, or through the loss or degradation of departmental resources, capabilities, and functions. (7) Research and development \n(A) In general \nThe term research and development means all research activities, both basic and applied, and all development activities. (B) Development \nThe term development means experimental development. (C) Experimental development \nThe term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research \nThe term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function. (8) United states research community \nThe term United States research community means— (A) research and development centers of Executive agencies; (B) private research and development centers in the United States, including for-profit and nonprofit research institutes; (C) research and development centers at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (D) research and development centers of States, United States territories, Indian tribes, and municipalities; (E) government-owned, contractor-operated United States Government research and development centers; and (F) any person conducting federally funded research or receiving Federal research grant funding. 7902. Federal Research Security Council establishment and membership \n(a) Establishment \nThere is established, in the Office of Management and Budget, a Federal Research Security Council, which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the United States. (b) Membership \n(1) In general \nThe following agencies shall be represented on the Council: (A) The Office of Management and Budget. (B) The Office of Science and Technology Policy. (C) The Department of Defense. (D) The Department of Homeland Security. (E) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center. (F) The Department of Justice, including the Federal Bureau of Investigation. (G) The Department of Energy. (H) The Department of Commerce, including the National Institute of Standards and Technology. (I) The Department of Health and Human Services, including the National Institutes of Health. (J) The Department of State. (K) The Department of Transportation. (L) The National Aeronautics and Space Administration. (M) The National Science Foundation. (N) The Department of Education. (O) The Small Business Administration. (P) The Council of Inspectors General on Integrity and Efficiency. (Q) Other Executive agencies, as determined by the Chairperson of the Council. (2) Lead representatives \n(A) Designation \nNot later than 45 days after the date of the enactment of this chapter, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council. (B) Functions \nThe lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council. (c) Chairperson \n(1) Designation \nNot later than 45 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall designate a senior-level official from the Office of Management and Budget to serve as the Chairperson of the Council. (2) Functions \nThe Chairperson shall perform functions that include— (A) subject to subsection (d), developing a schedule for meetings of the Council; (B) designating Executive agencies to be represented on the Council under subsection (b)(1)(Q); (C) in consultation with the lead representative of each agency represented on the Council, developing a charter for the Council; and (D) not later than 7 days after completion of the charter, submitting the charter to the appropriate congressional committees. (3) Lead science advisor \nThe Director of the Office of Science and Technology Policy shall be the lead science advisor to the Chairperson for purposes of this chapter. (4) Lead security advisor \nThe Director of the National Counterintelligence and Security Center shall be the lead security advisor to the Chairperson for purposes of this chapter. (d) Meetings \nThe Council shall meet not later than 60 days after the date of the enactment of this chapter and not less frequently than quarterly thereafter. 7903. Functions and authorities \n(a) Definitions \nIn this section: (1) Implementing \nThe term implementing means working with the relevant Federal agencies, through existing processes and procedures, to enable those agencies to put in place and enforce the measures described in this section. (2) Uniform application process \nThe term uniform application process means a process employed by Federal science agencies to maximize the collection of information regarding applicants and applications, as determined by the Council. (b) In general \nThe Chairperson of the Council shall consider the missions and responsibilities of Council members in determining the lead agencies for Council functions. The Council shall perform the following functions: (1) Developing and implementing, across all Executive agencies that award research and development grants, a uniform application process for grants in accordance with subsection (c). (2) Developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information, data, research findings, and research and development grant proposals. (3) Identifying or developing criteria, in accordance with subsection (d), for sharing and receiving information with respect to Federal research security risks in order to mitigate such risks with— (A) members of the United States research community; and (B) other persons participating in federally funded research and development. (4) Identifying an appropriate Executive agency— (A) to accept and protect information submitted by Executive agencies and non-Federal entities based on the processes established under paragraphs (1) and (2); and (B) to facilitate the sharing of information received under subparagraph (A) to support, as necessary and appropriate— (i) oversight of federally funded research and development; (ii) criminal and civil investigations of misappropriated Federal funds, resources, and information; and (iii) counterintelligence investigations. (5) Identifying, as appropriate, Executive agencies to provide— (A) shared services, such as support for conducting Federal research security risk assessments, activities to mitigate such risks, and oversight and investigations with respect to grants awarded by Executive agencies; and (B) common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development. (6) Identifying and issuing guidance, in accordance with subsection (e) and in coordination with the National Insider Threat Task Force established by Executive Order 13587 ( 50 U.S.C. 3161 note) for developing and implementing insider threat programs for Executive agencies to deter, detect, and mitigate insider threats, including the safeguarding of sensitive information from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels and the distinct needs, missions, and systems of each such agency. (7) Identifying and issuing guidance for developing compliance and oversight programs for Executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection (c)(1). Such programs shall include an assessment of— (A) a grantee’s support from foreign sources and affiliations with foreign funding institutions or laboratories; and (B) the impact of such support and affiliations on United States national security and economic interests. (8) Assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the United States. (9) Identifying and issuing guidance to the United States research community, and other recipients of Federal research and development funding, to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data. (10) Identifying and issuing guidance on additional steps that may be necessary to address Federal research security risks arising in the course of Executive agencies providing shared services and common contract solutions under paragraph (5)(B). (11) Engaging with the United States research community in performing the functions described in paragraphs (1), (2), and (3) and with respect to issues relating to Federal research security risks. (12) Carrying out such other functions, as determined by the Council, that are necessary to reduce Federal research security risks. (c) Requirements for uniform grant application process \nIn developing the uniform application process for Federal research and development grants required under subsection (b)(1), the Council shall— (1) ensure that the process— (A) requires principal investigators, co-principal investigators, and senior personnel associated with the proposed Federal research or development grant project— (i) to disclose biographical information, all affiliations, including any foreign military, foreign government-related organizations, and foreign-funded institutions, and all current and pending support, including from foreign institutions, foreign governments, or foreign laboratories, and all support received from foreign sources; and (ii) to certify the accuracy of the required disclosures under penalty of perjury; and (B) uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants; (2) design the process— (A) to reduce the administrative burden on persons applying for Federal research and development funding; and (B) to promote information sharing across the United States research community, while safeguarding sensitive information; and (3) complete the process not later than 1 year after the date of the enactment of the Safeguarding American Innovation Act. (d) Requirements for information sharing criteria \nIn identifying or developing criteria and procedures for sharing information with respect to Federal research security risks under subsection (b)(3), the Council shall ensure that such criteria address, at a minimum— (1) the information to be shared; (2) the circumstances under which sharing is mandated or voluntary; (3) the circumstances under which it is appropriate for an Executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants; (4) the procedures for protecting intellectual capital that may be present in such information; and (5) appropriate privacy protections for persons involved in Federal research and development. (e) Requirements for insider threat program guidance \nIn identifying or developing guidance with respect to insider threat programs under subsection (b)(6), the Council shall ensure that such guidance provides for, at a minimum— (1) such programs— (A) to deter, detect, and mitigate insider threats; and (B) to leverage counterintelligence, security, information assurance, and other relevant functions and resources to identify and counter insider threats; (2) the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats, including through— (A) monitoring user activity on computer networks controlled by Executive agencies; (B) providing employees of Executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats; (C) gathering information for a centralized analysis, reporting, and response capability; and (D) information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations; (3) the development and implementation of policies and procedures under which the insider threat program of an Executive agency accesses, shares, and integrates information and data derived from offices within the agency; (4) the designation of senior officials with authority to provide management, accountability, and oversight of the insider threat program of an Executive agency and to make resource recommendations to the appropriate officials; and (5) such additional guidance as is necessary to reflect the distinct needs, missions, and systems of each Executive agency. (f) Issuance of warnings relating to risks and vulnerabilities in international scientific cooperation \n(1) In general \nThe Council, in conjunction with the lead security advisor under section 7902(c)(4), shall establish a process for informing members of the United States research community and the public, through the issuance of warnings described in paragraph (2), of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the United States research community or place at risk any federally funded research and development. (2) Content \nA warning described in this paragraph shall include, to the extent the Council considers appropriate, a description of— (A) activities by the national government, local governments, research institutions, or universities of a foreign country— (i) to exploit, interfere, or undermine research and development by the United States research community; or (ii) to misappropriate scientific knowledge resulting from federally funded research and development; (B) efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk— (i) the science and technology of that foreign country; or (ii) federally funded research and development; and (C) practices within the research enterprise of a foreign country that do not adhere to the United States scientific values of openness, transparency, reciprocity, integrity, and merit-based competition. (g) Program office and committees \nThe interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) shall be a working group under the Council performing duties authorized under such section and as directed by the Council. The Council shall use any findings or work product, existing or forthcoming, by such working group. The Council may also establish a program office and any committees, working groups, or other constituent bodies the Council deems appropriate, in its sole and unreviewable discretion, to carry out its functions. (h) Exclusion orders \nTo reduce Federal research security risk, the Interagency Suspension and Debarment Committee shall provide quarterly reports to the Council that detail— (1) the number of ongoing investigations by Council Members related to Federal research security that may result, or have resulted, in agency pre-notice letters, suspensions, proposed debarments, and debarments; (2) Federal agencies’ performance and compliance with interagency suspensions and debarments; (3) efforts by the Interagency Suspension and Debarment Committee to mitigate Federal research security risk; (4) proposals for developing a unified Federal policy on suspensions and debarments; and (5) other current suspension and debarment related issues. (i) Savings provision \nNothing in this section may be construed to alter or diminish the authority of any Federal agency or to alter any procedural requirements or remedies that were in place before the date of the enactment of this chapter. 7904. Strategic plan \n(a) In general \nNot later than 180 days after the date of the enactment of this chapter, the Council shall develop a strategic plan for addressing Federal research security risks and for managing such risks, that includes— (1) the criteria and processes required under section 7903(b), including a threshold and requirements for sharing relevant information about such risks with all Executive agencies and, as appropriate, with other Federal entities, foreign governments, and non-Federal entities; (2) an identification of existing authorities for addressing such risks; (3) an identification and promulgation of best practices and procedures, and an identification of available resources, for Executive agencies to assess and mitigate such risks; (4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks; (5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for avoiding and mitigating Federal research security risks by the United States research community and key United States foreign research partners; (6) an evaluation of the effect of implementing new policies or procedures on existing Federal grant processes, regulations, and disclosures of conflicts of interest and conflicts of commitment; (7) a plan for engaging with Executive agencies, the private sector, and other nongovernmental stakeholders to address such risks and share information between Executive agencies, the private sector, and nongovernmental stakeholders; and (8) a plan for identification, assessment, mitigation, and vetting of Federal research security risks. (b) Submission to Congress \nNot later than 7 calendar days after completion of the strategic plan required by subsection (a), the Chairperson of the Council shall submit the plan to the appropriate congressional committees. 7905. Annual report \nNot later than December 15 of each year, the Chairperson of the Council shall submit a report to the appropriate congressional committees that describes— (1) the activities of the Council during the preceding fiscal year; and (2) the progress made toward implementing the strategic plan required under section 7904 after such plan has been submitted to Congress. 7906. Requirements for Executive agencies \n(a) In general \nThe head of each Executive agency on the Council shall be responsible for— (1) assessing Federal research security risks posed by persons participating in federally funded research and development; (2) avoiding or mitigating such risks, as appropriate and consistent with the standards, guidelines, requirements, and practices identified by the Council under section 7903(b); (3) prioritizing Federal research security risk assessments conducted under paragraph (1) based on the applicability and relevance of the research and development to the national security and economic competitiveness of the United States; and (4) ensuring that all agency initiatives impacting federally funded research grant making policy and management to protect the national and economic security interests of the United States are integrated with the activities of the Council. (b) Inclusions \nThe responsibility of the head of an Executive agency for assessing Federal research security risk described in subsection (a) includes— (1) developing an overall Federal research security risk management strategy and implementation plan and policies and processes to guide and govern Federal research security risk management activities by the Executive agency; (2) integrating Federal research security risk management practices throughout the lifecycle of the grant programs of the Executive agency; (3) sharing relevant information with other Executive agencies, as determined appropriate by the Council in a manner consistent with section 7903; and (4) reporting on the effectiveness of the Federal research security risk management strategy of the Executive agency consistent with guidance issued by the Office of Management and Budget and the Council.. (b) Clerical amendment \nThe table of chapters at the beginning of title 31, United States Code, is amended by inserting after the item relating to chapter 77 the following new item: 79. Federal Research Security Council 7901..", "id": "id54E1A3F9508641E79CC5AAD04231E362", "header": "Federal Research Security Council" }, { "text": "7901. Definitions \nIn this chapter: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Foreign Relations of the Senate ; (E) the Committee on Armed Services of the Senate ; (F) the Committee on Health, Education, Labor, and Pensions of the Senate ; (G) the Committee on Oversight and Reform of the House of Representatives ; (H) the Committee on Homeland Security of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Permanent Select Committee on Intelligence of the House of Representatives ; (K) the Committee on Foreign Affairs of the House of Representatives ; (L) the Committee on Armed Services of the House of Representatives; and (M) the Committee on Education and Labor of the House of Representatives. (2) Council \nThe term Council means the Federal Research Security Council established under section 7902(a). (3) Executive agency \nThe term Executive agency has the meaning given that term in section 105 of title 5. (4) Federal research security risk \nThe term Federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by Executive agencies. (5) Insider \nThe term insider means any person with authorized access to any United States Government resource, including personnel, facilities, information, research, equipment, networks, or systems. (6) Insider threat \nThe term insider threat means the threat that an insider will use his or her authorized access (wittingly or unwittingly) to harm the national and economic security of the United States or negatively affect the integrity of a Federal agency’s normal processes, including damaging the United States through espionage, sabotage, unauthorized disclosure of national security information or non-public information, or through the loss or degradation of departmental resources, capabilities, and functions. (7) Research and development \n(A) In general \nThe term research and development means all research activities, both basic and applied, and all development activities. (B) Development \nThe term development means experimental development. (C) Experimental development \nThe term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research \nThe term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function. (8) United states research community \nThe term United States research community means— (A) research and development centers of Executive agencies; (B) private research and development centers in the United States, including for-profit and nonprofit research institutes; (C) research and development centers at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (D) research and development centers of States, United States territories, Indian tribes, and municipalities; (E) government-owned, contractor-operated United States Government research and development centers; and (F) any person conducting federally funded research or receiving Federal research grant funding.", "id": "idF28243E24D8E46448204BA9B4929540D", "header": "Definitions" }, { "text": "7902. Federal Research Security Council establishment and membership \n(a) Establishment \nThere is established, in the Office of Management and Budget, a Federal Research Security Council, which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the United States. (b) Membership \n(1) In general \nThe following agencies shall be represented on the Council: (A) The Office of Management and Budget. (B) The Office of Science and Technology Policy. (C) The Department of Defense. (D) The Department of Homeland Security. (E) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center. (F) The Department of Justice, including the Federal Bureau of Investigation. (G) The Department of Energy. (H) The Department of Commerce, including the National Institute of Standards and Technology. (I) The Department of Health and Human Services, including the National Institutes of Health. (J) The Department of State. (K) The Department of Transportation. (L) The National Aeronautics and Space Administration. (M) The National Science Foundation. (N) The Department of Education. (O) The Small Business Administration. (P) The Council of Inspectors General on Integrity and Efficiency. (Q) Other Executive agencies, as determined by the Chairperson of the Council. (2) Lead representatives \n(A) Designation \nNot later than 45 days after the date of the enactment of this chapter, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council. (B) Functions \nThe lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council. (c) Chairperson \n(1) Designation \nNot later than 45 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall designate a senior-level official from the Office of Management and Budget to serve as the Chairperson of the Council. (2) Functions \nThe Chairperson shall perform functions that include— (A) subject to subsection (d), developing a schedule for meetings of the Council; (B) designating Executive agencies to be represented on the Council under subsection (b)(1)(Q); (C) in consultation with the lead representative of each agency represented on the Council, developing a charter for the Council; and (D) not later than 7 days after completion of the charter, submitting the charter to the appropriate congressional committees. (3) Lead science advisor \nThe Director of the Office of Science and Technology Policy shall be the lead science advisor to the Chairperson for purposes of this chapter. (4) Lead security advisor \nThe Director of the National Counterintelligence and Security Center shall be the lead security advisor to the Chairperson for purposes of this chapter. (d) Meetings \nThe Council shall meet not later than 60 days after the date of the enactment of this chapter and not less frequently than quarterly thereafter.", "id": "idF1CF5DB6B4F54135B0CC10DA11BBFED4", "header": "Federal Research Security Council establishment and membership" }, { "text": "7903. Functions and authorities \n(a) Definitions \nIn this section: (1) Implementing \nThe term implementing means working with the relevant Federal agencies, through existing processes and procedures, to enable those agencies to put in place and enforce the measures described in this section. (2) Uniform application process \nThe term uniform application process means a process employed by Federal science agencies to maximize the collection of information regarding applicants and applications, as determined by the Council. (b) In general \nThe Chairperson of the Council shall consider the missions and responsibilities of Council members in determining the lead agencies for Council functions. The Council shall perform the following functions: (1) Developing and implementing, across all Executive agencies that award research and development grants, a uniform application process for grants in accordance with subsection (c). (2) Developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information, data, research findings, and research and development grant proposals. (3) Identifying or developing criteria, in accordance with subsection (d), for sharing and receiving information with respect to Federal research security risks in order to mitigate such risks with— (A) members of the United States research community; and (B) other persons participating in federally funded research and development. (4) Identifying an appropriate Executive agency— (A) to accept and protect information submitted by Executive agencies and non-Federal entities based on the processes established under paragraphs (1) and (2); and (B) to facilitate the sharing of information received under subparagraph (A) to support, as necessary and appropriate— (i) oversight of federally funded research and development; (ii) criminal and civil investigations of misappropriated Federal funds, resources, and information; and (iii) counterintelligence investigations. (5) Identifying, as appropriate, Executive agencies to provide— (A) shared services, such as support for conducting Federal research security risk assessments, activities to mitigate such risks, and oversight and investigations with respect to grants awarded by Executive agencies; and (B) common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development. (6) Identifying and issuing guidance, in accordance with subsection (e) and in coordination with the National Insider Threat Task Force established by Executive Order 13587 ( 50 U.S.C. 3161 note) for developing and implementing insider threat programs for Executive agencies to deter, detect, and mitigate insider threats, including the safeguarding of sensitive information from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels and the distinct needs, missions, and systems of each such agency. (7) Identifying and issuing guidance for developing compliance and oversight programs for Executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection (c)(1). Such programs shall include an assessment of— (A) a grantee’s support from foreign sources and affiliations with foreign funding institutions or laboratories; and (B) the impact of such support and affiliations on United States national security and economic interests. (8) Assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the United States. (9) Identifying and issuing guidance to the United States research community, and other recipients of Federal research and development funding, to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data. (10) Identifying and issuing guidance on additional steps that may be necessary to address Federal research security risks arising in the course of Executive agencies providing shared services and common contract solutions under paragraph (5)(B). (11) Engaging with the United States research community in performing the functions described in paragraphs (1), (2), and (3) and with respect to issues relating to Federal research security risks. (12) Carrying out such other functions, as determined by the Council, that are necessary to reduce Federal research security risks. (c) Requirements for uniform grant application process \nIn developing the uniform application process for Federal research and development grants required under subsection (b)(1), the Council shall— (1) ensure that the process— (A) requires principal investigators, co-principal investigators, and senior personnel associated with the proposed Federal research or development grant project— (i) to disclose biographical information, all affiliations, including any foreign military, foreign government-related organizations, and foreign-funded institutions, and all current and pending support, including from foreign institutions, foreign governments, or foreign laboratories, and all support received from foreign sources; and (ii) to certify the accuracy of the required disclosures under penalty of perjury; and (B) uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants; (2) design the process— (A) to reduce the administrative burden on persons applying for Federal research and development funding; and (B) to promote information sharing across the United States research community, while safeguarding sensitive information; and (3) complete the process not later than 1 year after the date of the enactment of the Safeguarding American Innovation Act. (d) Requirements for information sharing criteria \nIn identifying or developing criteria and procedures for sharing information with respect to Federal research security risks under subsection (b)(3), the Council shall ensure that such criteria address, at a minimum— (1) the information to be shared; (2) the circumstances under which sharing is mandated or voluntary; (3) the circumstances under which it is appropriate for an Executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants; (4) the procedures for protecting intellectual capital that may be present in such information; and (5) appropriate privacy protections for persons involved in Federal research and development. (e) Requirements for insider threat program guidance \nIn identifying or developing guidance with respect to insider threat programs under subsection (b)(6), the Council shall ensure that such guidance provides for, at a minimum— (1) such programs— (A) to deter, detect, and mitigate insider threats; and (B) to leverage counterintelligence, security, information assurance, and other relevant functions and resources to identify and counter insider threats; (2) the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats, including through— (A) monitoring user activity on computer networks controlled by Executive agencies; (B) providing employees of Executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats; (C) gathering information for a centralized analysis, reporting, and response capability; and (D) information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations; (3) the development and implementation of policies and procedures under which the insider threat program of an Executive agency accesses, shares, and integrates information and data derived from offices within the agency; (4) the designation of senior officials with authority to provide management, accountability, and oversight of the insider threat program of an Executive agency and to make resource recommendations to the appropriate officials; and (5) such additional guidance as is necessary to reflect the distinct needs, missions, and systems of each Executive agency. (f) Issuance of warnings relating to risks and vulnerabilities in international scientific cooperation \n(1) In general \nThe Council, in conjunction with the lead security advisor under section 7902(c)(4), shall establish a process for informing members of the United States research community and the public, through the issuance of warnings described in paragraph (2), of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the United States research community or place at risk any federally funded research and development. (2) Content \nA warning described in this paragraph shall include, to the extent the Council considers appropriate, a description of— (A) activities by the national government, local governments, research institutions, or universities of a foreign country— (i) to exploit, interfere, or undermine research and development by the United States research community; or (ii) to misappropriate scientific knowledge resulting from federally funded research and development; (B) efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk— (i) the science and technology of that foreign country; or (ii) federally funded research and development; and (C) practices within the research enterprise of a foreign country that do not adhere to the United States scientific values of openness, transparency, reciprocity, integrity, and merit-based competition. (g) Program office and committees \nThe interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) shall be a working group under the Council performing duties authorized under such section and as directed by the Council. The Council shall use any findings or work product, existing or forthcoming, by such working group. The Council may also establish a program office and any committees, working groups, or other constituent bodies the Council deems appropriate, in its sole and unreviewable discretion, to carry out its functions. (h) Exclusion orders \nTo reduce Federal research security risk, the Interagency Suspension and Debarment Committee shall provide quarterly reports to the Council that detail— (1) the number of ongoing investigations by Council Members related to Federal research security that may result, or have resulted, in agency pre-notice letters, suspensions, proposed debarments, and debarments; (2) Federal agencies’ performance and compliance with interagency suspensions and debarments; (3) efforts by the Interagency Suspension and Debarment Committee to mitigate Federal research security risk; (4) proposals for developing a unified Federal policy on suspensions and debarments; and (5) other current suspension and debarment related issues. (i) Savings provision \nNothing in this section may be construed to alter or diminish the authority of any Federal agency or to alter any procedural requirements or remedies that were in place before the date of the enactment of this chapter.", "id": "id24541873FC8D4593B4F381AA8BBFB27A", "header": "Functions and authorities" }, { "text": "7904. Strategic plan \n(a) In general \nNot later than 180 days after the date of the enactment of this chapter, the Council shall develop a strategic plan for addressing Federal research security risks and for managing such risks, that includes— (1) the criteria and processes required under section 7903(b), including a threshold and requirements for sharing relevant information about such risks with all Executive agencies and, as appropriate, with other Federal entities, foreign governments, and non-Federal entities; (2) an identification of existing authorities for addressing such risks; (3) an identification and promulgation of best practices and procedures, and an identification of available resources, for Executive agencies to assess and mitigate such risks; (4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks; (5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for avoiding and mitigating Federal research security risks by the United States research community and key United States foreign research partners; (6) an evaluation of the effect of implementing new policies or procedures on existing Federal grant processes, regulations, and disclosures of conflicts of interest and conflicts of commitment; (7) a plan for engaging with Executive agencies, the private sector, and other nongovernmental stakeholders to address such risks and share information between Executive agencies, the private sector, and nongovernmental stakeholders; and (8) a plan for identification, assessment, mitigation, and vetting of Federal research security risks. (b) Submission to Congress \nNot later than 7 calendar days after completion of the strategic plan required by subsection (a), the Chairperson of the Council shall submit the plan to the appropriate congressional committees.", "id": "id58377A5DDDAD4FAA8DCEF928791B259B", "header": "Strategic plan" }, { "text": "7905. Annual report \nNot later than December 15 of each year, the Chairperson of the Council shall submit a report to the appropriate congressional committees that describes— (1) the activities of the Council during the preceding fiscal year; and (2) the progress made toward implementing the strategic plan required under section 7904 after such plan has been submitted to Congress.", "id": "id9EF4249811D54757A04A85910C948AA3", "header": "Annual report" }, { "text": "7906. Requirements for Executive agencies \n(a) In general \nThe head of each Executive agency on the Council shall be responsible for— (1) assessing Federal research security risks posed by persons participating in federally funded research and development; (2) avoiding or mitigating such risks, as appropriate and consistent with the standards, guidelines, requirements, and practices identified by the Council under section 7903(b); (3) prioritizing Federal research security risk assessments conducted under paragraph (1) based on the applicability and relevance of the research and development to the national security and economic competitiveness of the United States; and (4) ensuring that all agency initiatives impacting federally funded research grant making policy and management to protect the national and economic security interests of the United States are integrated with the activities of the Council. (b) Inclusions \nThe responsibility of the head of an Executive agency for assessing Federal research security risk described in subsection (a) includes— (1) developing an overall Federal research security risk management strategy and implementation plan and policies and processes to guide and govern Federal research security risk management activities by the Executive agency; (2) integrating Federal research security risk management practices throughout the lifecycle of the grant programs of the Executive agency; (3) sharing relevant information with other Executive agencies, as determined appropriate by the Council in a manner consistent with section 7903; and (4) reporting on the effectiveness of the Federal research security risk management strategy of the Executive agency consistent with guidance issued by the Office of Management and Budget and the Council.", "id": "id360D1B89F59240F1BD538D823A469758", "header": "Requirements for Executive agencies" }, { "text": "4. Federal grant application fraud \n(a) In general \nChapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud \n(a) Definitions \nIn this section: (1) Federal agency \nThe term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (2) Federal grant \nThe term Federal grant — (A) means a grant awarded by a Federal agency; (B) includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and (C) does not include— (i) direct United States Government cash assistance to an individual; (ii) a subsidy; (iii) a loan; (iv) a loan guarantee; or (v) insurance. (3) Federal grant application \nThe term Federal grant application means an application for a Federal grant. (4) Foreign compensation \nThe term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— (A) a foreign government; (B) a foreign government institution; or (C) a foreign public enterprise. (5) Foreign government \nThe term foreign government includes a person acting or purporting to act on behalf of— (A) a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or (B) a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government. (6) Foreign government institution \nThe term foreign government institution means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government. (7) Foreign public enterprise \nThe term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence. (8) Law enforcement agency \nThe term law enforcement agency — (A) means a Federal, State, local, or Tribal law enforcement agency; and (B) includes— (i) the Office of Inspector General of an establishment (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.)); and (ii) the Office of Inspector General, or similar office, of a State or unit of local government. (9) Outside compensation \nThe term outside compensation means any compensation, resource, or support regardless of monetary value made available to the applicant in support of or related to any research endeavor, including, but not limited to, a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including, but not limited to, materials, travel compensation, or work incentives. (b) Prohibition \nIt shall be unlawful for any individual to knowingly— (1) prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual; (2) forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or (3) prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that— (A) contains a false statement; (B) contains a material misrepresentation; (C) has no basis in law or fact; or (D) fails to disclose a material fact. (c) Exception \nSubsection (b) does not apply to an activity— (1) carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— (A) a law enforcement agency; or (B) a Federal intelligence agency; or (2) authorized under chapter 224. (d) Penalty \nAny individual who violates subsection (b)— (1) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and (2) shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1).. (b) Clerical amendment \nThe table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud..", "id": "id06D047375DAF42A485E87E2F49F2F013", "header": "Federal grant application fraud" }, { "text": "1041. Federal grant application fraud \n(a) Definitions \nIn this section: (1) Federal agency \nThe term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (2) Federal grant \nThe term Federal grant — (A) means a grant awarded by a Federal agency; (B) includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and (C) does not include— (i) direct United States Government cash assistance to an individual; (ii) a subsidy; (iii) a loan; (iv) a loan guarantee; or (v) insurance. (3) Federal grant application \nThe term Federal grant application means an application for a Federal grant. (4) Foreign compensation \nThe term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— (A) a foreign government; (B) a foreign government institution; or (C) a foreign public enterprise. (5) Foreign government \nThe term foreign government includes a person acting or purporting to act on behalf of— (A) a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or (B) a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government. (6) Foreign government institution \nThe term foreign government institution means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government. (7) Foreign public enterprise \nThe term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence. (8) Law enforcement agency \nThe term law enforcement agency — (A) means a Federal, State, local, or Tribal law enforcement agency; and (B) includes— (i) the Office of Inspector General of an establishment (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.)); and (ii) the Office of Inspector General, or similar office, of a State or unit of local government. (9) Outside compensation \nThe term outside compensation means any compensation, resource, or support regardless of monetary value made available to the applicant in support of or related to any research endeavor, including, but not limited to, a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including, but not limited to, materials, travel compensation, or work incentives. (b) Prohibition \nIt shall be unlawful for any individual to knowingly— (1) prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual; (2) forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or (3) prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that— (A) contains a false statement; (B) contains a material misrepresentation; (C) has no basis in law or fact; or (D) fails to disclose a material fact. (c) Exception \nSubsection (b) does not apply to an activity— (1) carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— (A) a law enforcement agency; or (B) a Federal intelligence agency; or (2) authorized under chapter 224. (d) Penalty \nAny individual who violates subsection (b)— (1) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and (2) shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1).", "id": "id71412D86939141618F51286927A606DA", "header": "Federal grant application fraud" }, { "text": "5. Restricting the acquisition of goods, technologies, and sensitive information to certain aliens \n(a) Grounds of inadmissibility \nSection 212(a)(3)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i) ) is amended to read as follows: (i) any activity— (I) to violate any law of the United States relating to espionage or sabotage; (II) to violate or evade any law prohibiting the export from the United States of goods, technologies, or sensitive information; or (III) to acquire export-controlled goods, technologies, or sensitive information through any exclusions for items normally subject to export controls if the Secretary of State has determined that the acquisition of those goods, technologies, or sensitive information by that alien would be contrary to an articulable national security (including economic security) interest of the United States;. (b) Determining factors \n(1) In general \nTo determine whether an alien is inadmissible under section 212(a)(3)(A)(i)(III) of the Immigration and Nationality Act, as amended by subsection (a), officials of the Department of State shall— (A) seek advice and assistance from officials at the Office of the Director of National Intelligence, the Office of Science and Technology Policy, the Department of Health and Human Services, the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Commerce, and other appropriate Federal agencies; (B) make a determination of the alien’s past, current, or intended employment or cooperation with— (i) foreign military and security related organizations that are adversarial to the United States; (ii) foreign institutions involved in the theft of United States research; (iii) entities involved in export control violations or the theft of intellectual property; (iv) a government that seeks to undermine the integrity and security of the United States research community; or (v) other associations or collaborations that pose a national or economic security threat based on intelligence assessments; and (C) weigh the proportionality of risk for the factors listed in subparagraph (B). (2) Machine-readable documents \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State shall— (A) use a machine-readable visa application form; and (B) make available documents submitted in support of a visa application in a machine readable format to assist in— (i) identifying fraud; (ii) conducting lawful law enforcement activities; and (iii) determining the eligibility of applicants for a visa under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (c) Reporting requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall submit a report to Congress that identifies— (1) any criteria used to describe the aliens to which such section 212(a)(3)(A)(i)(III) may apply; and (2) the number of individuals determined to be inadmissible under such section 212(a)(3)(A)(i)(III), including the nationality of each such individual. (d) Classification of annual report \nEach annual report required under subsection (c) shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified appendix detailing the criteria used to describe the aliens to which such section 212(a)(3)(A)(i)(III) applies if the Secretary of State determines that such action— (1) is in the national security and economic security interests of the United States; or (2) is necessary to further the purposes of this Act. (e) Report \nNot later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Commerce, Science, and Transportation of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Oversight and Reform of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Committee on Energy and Commerce of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that— (1) describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the Department of State with authorized Federal agencies; (2) identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable; (3) provides cost estimates, including personnel costs and a cost-benefit analysis for adopting different technologies, including optical character recognition, for— (A) making every element of a visa application, and documents submitted in support of a visa application, machine-readable; and (B) ensuring that such system— (i) protects personally identifiable information; and (ii) permits the sharing of visa information with Federal agencies in accordance with existing law; and (4) includes an estimated timeline for completing the implementation of subsection (b)(2).", "id": "idD10F6B4A4CBE43EFB46AFE54BDDD4D09", "header": "Restricting the acquisition of goods, technologies, and sensitive information to certain aliens" }, { "text": "6. Limitations on educational and cultural exchange programs \nSection 102(b)(5) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2452(b)(5) ) is amended by striking the semicolon at the end and inserting the following: “by developing exchange programs for foreign researchers and scientists, while protecting technologies regulated by export control laws important to the national security and economic interests of the United States, including requiring sponsors— (A) to disclose to the Department of State whether an exchange visitor, as a primary part of his or her exchange program, will have released to them controlled technology or technical data regulated by export control laws at sponsor organizations through research activities, lectures, course work, sponsor employees, officers, agents, third parties at which the sponsor places the exchange visitor, volunteers, or other individuals or entities associated with a sponsor’s administration of the exchange visitor program; (B) to provide a plan to the Department of State that establishes appropriate program safeguards to prevent the unauthorized release of controlled technology or technical data regulated by export control laws at sponsor organizations or through their employees, officers, agents, third parties, volunteers, or other individuals or entities associated with a sponsor’s administration of the exchange visitor program; and (C) to demonstrate, to the satisfaction of the Secretary of State, that programs that will release controlled technology or technical data to an exchange visitor at the sponsor organization through exchange visitor programs have received appropriate authorization from the Department of State, the Department of Commerce, other cognizant Federal agency before the sponsor releases controlled technology or technical data;.", "id": "idAE9B127BC2D34B6FBF7201C1DEB99CD3", "header": "Limitations on educational and cultural exchange programs" }, { "text": "7. Amendments to disclosures of foreign gifts \nSection 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) by amending subsection (a) to read as follows: (a) Disclosure report \n(1) In general \nAn institution shall file a disclosure report with the Secretary not later than March 31 occurring after— (A) the calendar year in which a foreign source gains ownership of, or control over, the institution; or (B) the calendar year in which the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year. (2) Revisions; updates \nThe Secretary shall permit institutions to revise and update disclosure reports previously filed to ensure accuracy, compliance, and the ability to cure. ; (2) by amending subsection (b) to read as follows: (b) Contents of report \nEach report to the Secretary required by this section shall contain the following: (1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity. (2) For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government. (3) In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control. (4) An assurance that the institution will maintain true copies of gift and contract agreements subject to the disclosure requirements under this section for at least the duration of the agreement. (5) An assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the Secretary during a compliance audit or other institutional investigation. ; (3) by amending subsection (e) to read as follows: (e) Public inspection \nNot later than 30 days after receiving a disclosure report under this section, the Secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared. ; (4) in subsection (f), by adding at the end the following: (3) Fines \n(A) In general \nThe Secretary may impose a fine on any institution that repeatedly fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in accordance with subsection (a) in an amount that is not more than 3 times the amount of the gift or contract with the foreign source. (B) Definition of repeatedly fails \nIn this paragraph, the term repeatedly fails means that the institution failed to file a disclosure report for a receipt of a gift from or contract with a foreign source in 3 consecutive years. ; (5) by amending subsection (g) to read as follows: (g) Rulemaking \n(1) In general \nNot later than 1 year after the date of enactment of the Safeguarding American Innovation Act , the Secretary shall issue regulations to carry out this section using the negotiated rulemaking procedure set forth in section 492(b). (2) Elements \nRegulations issued pursuant to paragraph (1) shall— (A) incorporate instructions for— (i) reporting structured gifts and contracts; and (ii) reporting contracts that balances the need for transparency, while protecting the proprietary information of institutes of higher education; and (B) clarify the definition of subunit , for purposes of subsection (i)(4)(C). ; (6) by redesignating subsection (h) as subsection (i); (7) by inserting after subsection (g) the following: (h) Treatment of tuition payment \nA tuition and related fees and expenses payment to an institution by, or a scholarship from, a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this section. ; and (8) in subsection (i), as redesignated— (A) in paragraph (3), by striking or property and inserting , property, resources, or staff, including any funds provided to the institution and used to pay, or designated for the payment of, staff ; and (B) in paragraph (5)(B), by inserting institutes, instructional programs, after centers,.", "id": "id768d13a0cea84942b9e1b23ff9ab03db", "header": "Amendments to disclosures of foreign gifts" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Safeguarding American Innovation Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Federal Research Security Council. Sec. 4. Federal grant application fraud. Sec. 5. Restricting the acquisition of goods, technologies, and sensitive information to certain aliens. Sec. 6. Limitations on educational and cultural exchange programs. Sec. 7. Amendments to disclosures of foreign gifts.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Federal science agency \nThe term Federal science agency means any Federal department or agency to which more than $100,000,000 in research and development funds were appropriated for the previous fiscal year. (2) Research and development \n(A) In general \nThe term research and development means all research activities, both basic and applied, and all development activities. (B) Development \nThe term development means experimental development. (C) Experimental development \nThe term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research \nThe term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function.", "id": "id0BBEBDF883A64BCF84F9264A59F2E9FB", "header": "Definitions" }, { "text": "3. Federal Research Security Council \n(a) In general \nSubtitle V of title 31, United States Code, is amended by adding at the end the following: 79 Federal Research Security Council \nSec. 7901. Definitions. 7902. Federal Research Security Council establishment and membership. 7903. Functions and authorities. 7904. Strategic plan. 7905. Annual report. 7906. Requirements for Executive agencies. 7901. Definitions \nIn this chapter: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Foreign Relations of the Senate ; (E) the Committee on Armed Services of the Senate ; (F) the Committee on Health, Education, Labor, and Pensions of the Senate ; (G) the Committee on Oversight and Reform of the House of Representatives ; (H) the Committee on Homeland Security of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Permanent Select Committee on Intelligence of the House of Representatives ; (K) the Committee on Foreign Affairs of the House of Representatives ; (L) the Committee on Armed Services of the House of Representatives; and (M) the Committee on Education and Labor of the House of Representatives. (2) Council \nThe term Council means the Federal Research Security Council established under section 7902(a). (3) Executive agency \nThe term Executive agency has the meaning given that term in section 105 of title 5. (4) Federal research security risk \nThe term Federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by Executive agencies. (5) Insider \nThe term insider means any person with authorized access to any United States Government resource, including personnel, facilities, information, research, equipment, networks, or systems. (6) Insider threat \nThe term insider threat means the threat that an insider will use his or her authorized access (wittingly or unwittingly) to harm the national and economic security of the United States or negatively affect the integrity of a Federal agency’s normal processes, including damaging the United States through espionage, sabotage, unauthorized disclosure of national security information or non-public information, or through the loss or degradation of departmental resources, capabilities, and functions. (7) Research and development \n(A) In general \nThe term research and development means all research activities, both basic and applied, and all development activities. (B) Development \nThe term development means experimental development. (C) Experimental development \nThe term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research \nThe term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function. (8) United states research community \nThe term United States research community means— (A) research and development centers of Executive agencies; (B) private research and development centers in the United States, including for-profit and nonprofit research institutes; (C) research and development centers at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (D) research and development centers of States, United States territories, Indian tribes, and municipalities; (E) government-owned, contractor-operated United States Government research and development centers; and (F) any person conducting federally funded research or receiving Federal research grant funding. 7902. Federal Research Security Council establishment and membership \n(a) Establishment \nThere is established, in the Office of Management and Budget, a Federal Research Security Council, which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the United States. (b) Membership \n(1) In general \nThe following agencies shall be represented on the Council: (A) The Office of Management and Budget. (B) The Office of Science and Technology Policy. (C) The Department of Defense. (D) The Department of Homeland Security. (E) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center. (F) The Department of Justice, including the Federal Bureau of Investigation. (G) The Department of Energy. (H) The Department of Commerce, including the National Institute of Standards and Technology. (I) The Department of Health and Human Services, including the National Institutes of Health. (J) The Department of State. (K) The Department of Transportation. (L) The National Aeronautics and Space Administration. (M) The National Science Foundation. (N) The Department of Education. (O) The Small Business Administration. (P) The Council of Inspectors General on Integrity and Efficiency. (Q) Other Executive agencies, as determined by the Chairperson of the Council. (2) Lead representatives \n(A) Designation \nNot later than 45 days after the date of the enactment of this chapter, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council. (B) Functions \nThe lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council. (c) Chairperson \n(1) Designation \nNot later than 45 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall designate a senior-level official from the Office of Management and Budget to serve as the Chairperson of the Council. (2) Functions \nThe Chairperson shall perform functions that include— (A) subject to subsection (d), developing a schedule for meetings of the Council; (B) designating Executive agencies to be represented on the Council under subsection (b)(1)(Q); (C) in consultation with the lead representative of each agency represented on the Council, developing a charter for the Council; and (D) not later than 7 days after completion of the charter, submitting the charter to the appropriate congressional committees. (3) Lead science advisor \nThe Director of the Office of Science and Technology Policy shall be the lead science advisor to the Chairperson for purposes of this chapter. (4) Lead security advisor \nThe Director of the National Counterintelligence and Security Center shall be the lead security advisor to the Chairperson for purposes of this chapter. (d) Meetings \nThe Council shall meet not later than 60 days after the date of the enactment of this chapter and not less frequently than quarterly thereafter. 7903. Functions and authorities \n(a) Definitions \nIn this section: (1) Implementing \nThe term implementing means working with the relevant Federal agencies, through existing processes and procedures, to enable those agencies to put in place and enforce the measures described in this section. (2) Uniform application process \nThe term uniform application process means a process employed by Federal science agencies to maximize the collection of information regarding applicants and applications, as determined by the Council. (b) In general \nThe Chairperson of the Council shall consider the missions and responsibilities of Council members in determining the lead agencies for Council functions. The Council shall perform the following functions: (1) Developing and implementing, across all Executive agencies that award research and development grants, a uniform application process for grants in accordance with subsection (c). (2) Developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information, data, research findings, and research and development grant proposals. (3) Identifying or developing criteria, in accordance with subsection (d), for sharing and receiving information with respect to Federal research security risks in order to mitigate such risks with— (A) members of the United States research community; and (B) other persons participating in federally funded research and development. (4) Identifying an appropriate Executive agency— (A) to accept and protect information submitted by Executive agencies and non-Federal entities based on the processes established under paragraphs (1) and (2); and (B) to facilitate the sharing of information received under subparagraph (A) to support, as necessary and appropriate— (i) oversight of federally funded research and development; (ii) criminal and civil investigations of misappropriated Federal funds, resources, and information; and (iii) counterintelligence investigations. (5) Identifying, as appropriate, Executive agencies to provide— (A) shared services, such as support for conducting Federal research security risk assessments, activities to mitigate such risks, and oversight and investigations with respect to grants awarded by Executive agencies; and (B) common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development. (6) Identifying and issuing guidance, in accordance with subsection (e) and in coordination with the National Insider Threat Task Force established by Executive Order 13587 ( 50 U.S.C. 3161 note) for developing and implementing insider threat programs for Executive agencies to deter, detect, and mitigate insider threats, including the safeguarding of sensitive information from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels and the distinct needs, missions, and systems of each such agency. (7) Identifying and issuing guidance for developing compliance and oversight programs for Executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection (c)(1). Such programs shall include an assessment of— (A) a grantee’s support from foreign sources and affiliations with foreign funding institutions or laboratories; and (B) the impact of such support and affiliations on United States national security and economic interests. (8) Assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the United States. (9) Identifying and issuing guidance to the United States research community, and other recipients of Federal research and development funding, to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data. (10) Identifying and issuing guidance on additional steps that may be necessary to address Federal research security risks arising in the course of Executive agencies providing shared services and common contract solutions under paragraph (5)(B). (11) Engaging with the United States research community in performing the functions described in paragraphs (1), (2), and (3) and with respect to issues relating to Federal research security risks. (12) Carrying out such other functions, as determined by the Council, that are necessary to reduce Federal research security risks. (c) Requirements for uniform grant application process \nIn developing the uniform application process for Federal research and development grants required under subsection (b)(1), the Council shall— (1) ensure that the process— (A) requires principal investigators, co-principal investigators, and senior personnel associated with the proposed Federal research or development grant project— (i) to disclose biographical information, all affiliations, including any foreign military, foreign government-related organizations, and foreign-funded institutions, and all current and pending support, including from foreign institutions, foreign governments, or foreign laboratories, and all support received from foreign sources; and (ii) to certify the accuracy of the required disclosures under penalty of perjury; and (B) uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants; (2) design the process— (A) to reduce the administrative burden on persons applying for Federal research and development funding; and (B) to promote information sharing across the United States research community, while safeguarding sensitive information; and (3) complete the process not later than 1 year after the date of the enactment of the Safeguarding American Innovation Act. (d) Requirements for information sharing criteria \nIn identifying or developing criteria and procedures for sharing information with respect to Federal research security risks under subsection (b)(3), the Council shall ensure that such criteria address, at a minimum— (1) the information to be shared; (2) the circumstances under which sharing is mandated or voluntary; (3) the circumstances under which it is appropriate for an Executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants; (4) the procedures for protecting intellectual capital that may be present in such information; and (5) appropriate privacy protections for persons involved in Federal research and development. (e) Requirements for insider threat program guidance \nIn identifying or developing guidance with respect to insider threat programs under subsection (b)(6), the Council shall ensure that such guidance provides for, at a minimum— (1) such programs— (A) to deter, detect, and mitigate insider threats; and (B) to leverage counterintelligence, security, information assurance, and other relevant functions and resources to identify and counter insider threats; (2) the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats, including through— (A) monitoring user activity on computer networks controlled by Executive agencies; (B) providing employees of Executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats; (C) gathering information for a centralized analysis, reporting, and response capability; and (D) information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations; (3) the development and implementation of policies and procedures under which the insider threat program of an Executive agency accesses, shares, and integrates information and data derived from offices within the agency; (4) the designation of senior officials with authority to provide management, accountability, and oversight of the insider threat program of an Executive agency and to make resource recommendations to the appropriate officials; and (5) such additional guidance as is necessary to reflect the distinct needs, missions, and systems of each Executive agency. (f) Issuance of warnings relating to risks and vulnerabilities in international scientific cooperation \n(1) In general \nThe Council, in conjunction with the lead security advisor under section 7902(c)(4), shall establish a process for informing members of the United States research community and the public, through the issuance of warnings described in paragraph (2), of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the United States research community or place at risk any federally funded research and development. (2) Content \nA warning described in this paragraph shall include, to the extent the Council considers appropriate, a description of— (A) activities by the national government, local governments, research institutions, or universities of a foreign country— (i) to exploit, interfere, or undermine research and development by the United States research community; or (ii) to misappropriate scientific knowledge resulting from federally funded research and development; (B) efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk— (i) the science and technology of that foreign country; or (ii) federally funded research and development; and (C) practices within the research enterprise of a foreign country that do not adhere to the United States scientific values of openness, transparency, reciprocity, integrity, and merit-based competition. (g) Program office and committees \nThe interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) shall be a working group under the Council performing duties authorized under such section and as directed by the Council. The Council shall use any findings or work product, existing or forthcoming, by such working group. The Council may also establish a program office and any committees, working groups, or other constituent bodies the Council deems appropriate, in its sole and unreviewable discretion, to carry out its functions. (h) Exclusion orders \nTo reduce Federal research security risk, the Interagency Suspension and Debarment Committee shall provide quarterly reports to the Council that detail— (1) the number of ongoing investigations by Council Members related to Federal research security that may result, or have resulted, in agency pre-notice letters, suspensions, proposed debarments, and debarments; (2) Federal agencies’ performance and compliance with interagency suspensions and debarments; (3) efforts by the Interagency Suspension and Debarment Committee to mitigate Federal research security risk; (4) proposals for developing a unified Federal policy on suspensions and debarments; and (5) other current suspension and debarment related issues. (i) Savings provision \nNothing in this section may be construed to alter or diminish the authority of any Federal agency or to alter any procedural requirements or remedies that were in place before the date of the enactment of this chapter. 7904. Strategic plan \n(a) In general \nNot later than 180 days after the date of the enactment of this chapter, the Council shall develop a strategic plan for addressing Federal research security risks and for managing such risks, that includes— (1) the criteria and processes required under section 7903(b), including a threshold and requirements for sharing relevant information about such risks with all Executive agencies and, as appropriate, with other Federal entities, foreign governments, and non-Federal entities; (2) an identification of existing authorities for addressing such risks; (3) an identification and promulgation of best practices and procedures, and an identification of available resources, for Executive agencies to assess and mitigate such risks; (4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks; (5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for avoiding and mitigating Federal research security risks by the United States research community and key United States foreign research partners; (6) an evaluation of the effect of implementing new policies or procedures on existing Federal grant processes, regulations, and disclosures of conflicts of interest and conflicts of commitment; (7) a plan for engaging with Executive agencies, the private sector, and other nongovernmental stakeholders to address such risks and share information between Executive agencies, the private sector, and nongovernmental stakeholders; and (8) a plan for identification, assessment, mitigation, and vetting of Federal research security risks. (b) Submission to Congress \nNot later than 7 calendar days after completion of the strategic plan required by subsection (a), the Chairperson of the Council shall submit the plan to the appropriate congressional committees. 7905. Annual report \nNot later than December 15 of each year, the Chairperson of the Council shall submit a report to the appropriate congressional committees that describes— (1) the activities of the Council during the preceding fiscal year; and (2) the progress made toward implementing the strategic plan required under section 7904 after such plan has been submitted to Congress. 7906. Requirements for Executive agencies \n(a) In general \nThe head of each Executive agency on the Council shall be responsible for— (1) assessing Federal research security risks posed by persons participating in federally funded research and development; (2) avoiding or mitigating such risks, as appropriate and consistent with the standards, guidelines, requirements, and practices identified by the Council under section 7903(b); (3) prioritizing Federal research security risk assessments conducted under paragraph (1) based on the applicability and relevance of the research and development to the national security and economic competitiveness of the United States; and (4) ensuring that all agency initiatives impacting federally funded research grant making policy and management to protect the national and economic security interests of the United States are integrated with the activities of the Council. (b) Inclusions \nThe responsibility of the head of an Executive agency for assessing Federal research security risk described in subsection (a) includes— (1) developing an overall Federal research security risk management strategy and implementation plan and policies and processes to guide and govern Federal research security risk management activities by the Executive agency; (2) integrating Federal research security risk management practices throughout the lifecycle of the grant programs of the Executive agency; (3) sharing relevant information with other Executive agencies, as determined appropriate by the Council in a manner consistent with section 7903; and (4) reporting on the effectiveness of the Federal research security risk management strategy of the Executive agency consistent with guidance issued by the Office of Management and Budget and the Council.. (b) Clerical amendment \nThe table of chapters at the beginning of title 31, United States Code, is amended by inserting after the item relating to chapter 77 the following new item: 79. Federal Research Security Council 7901..", "id": "id54E1A3F9508641E79CC5AAD04231E362", "header": "Federal Research Security Council" }, { "text": "7901. Definitions \nIn this chapter: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Foreign Relations of the Senate ; (E) the Committee on Armed Services of the Senate ; (F) the Committee on Health, Education, Labor, and Pensions of the Senate ; (G) the Committee on Oversight and Reform of the House of Representatives ; (H) the Committee on Homeland Security of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Permanent Select Committee on Intelligence of the House of Representatives ; (K) the Committee on Foreign Affairs of the House of Representatives ; (L) the Committee on Armed Services of the House of Representatives; and (M) the Committee on Education and Labor of the House of Representatives. (2) Council \nThe term Council means the Federal Research Security Council established under section 7902(a). (3) Executive agency \nThe term Executive agency has the meaning given that term in section 105 of title 5. (4) Federal research security risk \nThe term Federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by Executive agencies. (5) Insider \nThe term insider means any person with authorized access to any United States Government resource, including personnel, facilities, information, research, equipment, networks, or systems. (6) Insider threat \nThe term insider threat means the threat that an insider will use his or her authorized access (wittingly or unwittingly) to harm the national and economic security of the United States or negatively affect the integrity of a Federal agency’s normal processes, including damaging the United States through espionage, sabotage, unauthorized disclosure of national security information or non-public information, or through the loss or degradation of departmental resources, capabilities, and functions. (7) Research and development \n(A) In general \nThe term research and development means all research activities, both basic and applied, and all development activities. (B) Development \nThe term development means experimental development. (C) Experimental development \nThe term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research \nThe term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function. (8) United states research community \nThe term United States research community means— (A) research and development centers of Executive agencies; (B) private research and development centers in the United States, including for-profit and nonprofit research institutes; (C) research and development centers at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (D) research and development centers of States, United States territories, Indian tribes, and municipalities; (E) government-owned, contractor-operated United States Government research and development centers; and (F) any person conducting federally funded research or receiving Federal research grant funding.", "id": "idF28243E24D8E46448204BA9B4929540D", "header": "Definitions" }, { "text": "7902. Federal Research Security Council establishment and membership \n(a) Establishment \nThere is established, in the Office of Management and Budget, a Federal Research Security Council, which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the United States. (b) Membership \n(1) In general \nThe following agencies shall be represented on the Council: (A) The Office of Management and Budget. (B) The Office of Science and Technology Policy. (C) The Department of Defense. (D) The Department of Homeland Security. (E) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center. (F) The Department of Justice, including the Federal Bureau of Investigation. (G) The Department of Energy. (H) The Department of Commerce, including the National Institute of Standards and Technology. (I) The Department of Health and Human Services, including the National Institutes of Health. (J) The Department of State. (K) The Department of Transportation. (L) The National Aeronautics and Space Administration. (M) The National Science Foundation. (N) The Department of Education. (O) The Small Business Administration. (P) The Council of Inspectors General on Integrity and Efficiency. (Q) Other Executive agencies, as determined by the Chairperson of the Council. (2) Lead representatives \n(A) Designation \nNot later than 45 days after the date of the enactment of this chapter, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council. (B) Functions \nThe lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council. (c) Chairperson \n(1) Designation \nNot later than 45 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall designate a senior-level official from the Office of Management and Budget to serve as the Chairperson of the Council. (2) Functions \nThe Chairperson shall perform functions that include— (A) subject to subsection (d), developing a schedule for meetings of the Council; (B) designating Executive agencies to be represented on the Council under subsection (b)(1)(Q); (C) in consultation with the lead representative of each agency represented on the Council, developing a charter for the Council; and (D) not later than 7 days after completion of the charter, submitting the charter to the appropriate congressional committees. (3) Lead science advisor \nThe Director of the Office of Science and Technology Policy shall be the lead science advisor to the Chairperson for purposes of this chapter. (4) Lead security advisor \nThe Director of the National Counterintelligence and Security Center shall be the lead security advisor to the Chairperson for purposes of this chapter. (d) Meetings \nThe Council shall meet not later than 60 days after the date of the enactment of this chapter and not less frequently than quarterly thereafter.", "id": "idF1CF5DB6B4F54135B0CC10DA11BBFED4", "header": "Federal Research Security Council establishment and membership" }, { "text": "7903. Functions and authorities \n(a) Definitions \nIn this section: (1) Implementing \nThe term implementing means working with the relevant Federal agencies, through existing processes and procedures, to enable those agencies to put in place and enforce the measures described in this section. (2) Uniform application process \nThe term uniform application process means a process employed by Federal science agencies to maximize the collection of information regarding applicants and applications, as determined by the Council. (b) In general \nThe Chairperson of the Council shall consider the missions and responsibilities of Council members in determining the lead agencies for Council functions. The Council shall perform the following functions: (1) Developing and implementing, across all Executive agencies that award research and development grants, a uniform application process for grants in accordance with subsection (c). (2) Developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information, data, research findings, and research and development grant proposals. (3) Identifying or developing criteria, in accordance with subsection (d), for sharing and receiving information with respect to Federal research security risks in order to mitigate such risks with— (A) members of the United States research community; and (B) other persons participating in federally funded research and development. (4) Identifying an appropriate Executive agency— (A) to accept and protect information submitted by Executive agencies and non-Federal entities based on the processes established under paragraphs (1) and (2); and (B) to facilitate the sharing of information received under subparagraph (A) to support, as necessary and appropriate— (i) oversight of federally funded research and development; (ii) criminal and civil investigations of misappropriated Federal funds, resources, and information; and (iii) counterintelligence investigations. (5) Identifying, as appropriate, Executive agencies to provide— (A) shared services, such as support for conducting Federal research security risk assessments, activities to mitigate such risks, and oversight and investigations with respect to grants awarded by Executive agencies; and (B) common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development. (6) Identifying and issuing guidance, in accordance with subsection (e) and in coordination with the National Insider Threat Task Force established by Executive Order 13587 ( 50 U.S.C. 3161 note) for developing and implementing insider threat programs for Executive agencies to deter, detect, and mitigate insider threats, including the safeguarding of sensitive information from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels and the distinct needs, missions, and systems of each such agency. (7) Identifying and issuing guidance for developing compliance and oversight programs for Executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection (c)(1). Such programs shall include an assessment of— (A) a grantee’s support from foreign sources and affiliations with foreign funding institutions or laboratories; and (B) the impact of such support and affiliations on United States national security and economic interests. (8) Assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the United States. (9) Identifying and issuing guidance to the United States research community, and other recipients of Federal research and development funding, to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data. (10) Identifying and issuing guidance on additional steps that may be necessary to address Federal research security risks arising in the course of Executive agencies providing shared services and common contract solutions under paragraph (5)(B). (11) Engaging with the United States research community in performing the functions described in paragraphs (1), (2), and (3) and with respect to issues relating to Federal research security risks. (12) Carrying out such other functions, as determined by the Council, that are necessary to reduce Federal research security risks. (c) Requirements for uniform grant application process \nIn developing the uniform application process for Federal research and development grants required under subsection (b)(1), the Council shall— (1) ensure that the process— (A) requires principal investigators, co-principal investigators, and senior personnel associated with the proposed Federal research or development grant project— (i) to disclose biographical information, all affiliations, including any foreign military, foreign government-related organizations, and foreign-funded institutions, and all current and pending support, including from foreign institutions, foreign governments, or foreign laboratories, and all support received from foreign sources; and (ii) to certify the accuracy of the required disclosures under penalty of perjury; and (B) uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants; (2) design the process— (A) to reduce the administrative burden on persons applying for Federal research and development funding; and (B) to promote information sharing across the United States research community, while safeguarding sensitive information; and (3) complete the process not later than 1 year after the date of the enactment of the Safeguarding American Innovation Act. (d) Requirements for information sharing criteria \nIn identifying or developing criteria and procedures for sharing information with respect to Federal research security risks under subsection (b)(3), the Council shall ensure that such criteria address, at a minimum— (1) the information to be shared; (2) the circumstances under which sharing is mandated or voluntary; (3) the circumstances under which it is appropriate for an Executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants; (4) the procedures for protecting intellectual capital that may be present in such information; and (5) appropriate privacy protections for persons involved in Federal research and development. (e) Requirements for insider threat program guidance \nIn identifying or developing guidance with respect to insider threat programs under subsection (b)(6), the Council shall ensure that such guidance provides for, at a minimum— (1) such programs— (A) to deter, detect, and mitigate insider threats; and (B) to leverage counterintelligence, security, information assurance, and other relevant functions and resources to identify and counter insider threats; (2) the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats, including through— (A) monitoring user activity on computer networks controlled by Executive agencies; (B) providing employees of Executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats; (C) gathering information for a centralized analysis, reporting, and response capability; and (D) information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations; (3) the development and implementation of policies and procedures under which the insider threat program of an Executive agency accesses, shares, and integrates information and data derived from offices within the agency; (4) the designation of senior officials with authority to provide management, accountability, and oversight of the insider threat program of an Executive agency and to make resource recommendations to the appropriate officials; and (5) such additional guidance as is necessary to reflect the distinct needs, missions, and systems of each Executive agency. (f) Issuance of warnings relating to risks and vulnerabilities in international scientific cooperation \n(1) In general \nThe Council, in conjunction with the lead security advisor under section 7902(c)(4), shall establish a process for informing members of the United States research community and the public, through the issuance of warnings described in paragraph (2), of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the United States research community or place at risk any federally funded research and development. (2) Content \nA warning described in this paragraph shall include, to the extent the Council considers appropriate, a description of— (A) activities by the national government, local governments, research institutions, or universities of a foreign country— (i) to exploit, interfere, or undermine research and development by the United States research community; or (ii) to misappropriate scientific knowledge resulting from federally funded research and development; (B) efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk— (i) the science and technology of that foreign country; or (ii) federally funded research and development; and (C) practices within the research enterprise of a foreign country that do not adhere to the United States scientific values of openness, transparency, reciprocity, integrity, and merit-based competition. (g) Program office and committees \nThe interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) shall be a working group under the Council performing duties authorized under such section and as directed by the Council. The Council shall use any findings or work product, existing or forthcoming, by such working group. The Council may also establish a program office and any committees, working groups, or other constituent bodies the Council deems appropriate, in its sole and unreviewable discretion, to carry out its functions. (h) Exclusion orders \nTo reduce Federal research security risk, the Interagency Suspension and Debarment Committee shall provide quarterly reports to the Council that detail— (1) the number of ongoing investigations by Council Members related to Federal research security that may result, or have resulted, in agency pre-notice letters, suspensions, proposed debarments, and debarments; (2) Federal agencies’ performance and compliance with interagency suspensions and debarments; (3) efforts by the Interagency Suspension and Debarment Committee to mitigate Federal research security risk; (4) proposals for developing a unified Federal policy on suspensions and debarments; and (5) other current suspension and debarment related issues. (i) Savings provision \nNothing in this section may be construed to alter or diminish the authority of any Federal agency or to alter any procedural requirements or remedies that were in place before the date of the enactment of this chapter.", "id": "id24541873FC8D4593B4F381AA8BBFB27A", "header": "Functions and authorities" }, { "text": "7904. Strategic plan \n(a) In general \nNot later than 180 days after the date of the enactment of this chapter, the Council shall develop a strategic plan for addressing Federal research security risks and for managing such risks, that includes— (1) the criteria and processes required under section 7903(b), including a threshold and requirements for sharing relevant information about such risks with all Executive agencies and, as appropriate, with other Federal entities, foreign governments, and non-Federal entities; (2) an identification of existing authorities for addressing such risks; (3) an identification and promulgation of best practices and procedures, and an identification of available resources, for Executive agencies to assess and mitigate such risks; (4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks; (5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for avoiding and mitigating Federal research security risks by the United States research community and key United States foreign research partners; (6) an evaluation of the effect of implementing new policies or procedures on existing Federal grant processes, regulations, and disclosures of conflicts of interest and conflicts of commitment; (7) a plan for engaging with Executive agencies, the private sector, and other nongovernmental stakeholders to address such risks and share information between Executive agencies, the private sector, and nongovernmental stakeholders; and (8) a plan for identification, assessment, mitigation, and vetting of Federal research security risks. (b) Submission to Congress \nNot later than 7 calendar days after completion of the strategic plan required by subsection (a), the Chairperson of the Council shall submit the plan to the appropriate congressional committees.", "id": "id58377A5DDDAD4FAA8DCEF928791B259B", "header": "Strategic plan" }, { "text": "7905. Annual report \nNot later than December 15 of each year, the Chairperson of the Council shall submit a report to the appropriate congressional committees that describes— (1) the activities of the Council during the preceding fiscal year; and (2) the progress made toward implementing the strategic plan required under section 7904 after such plan has been submitted to Congress.", "id": "id9EF4249811D54757A04A85910C948AA3", "header": "Annual report" }, { "text": "7906. Requirements for Executive agencies \n(a) In general \nThe head of each Executive agency on the Council shall be responsible for— (1) assessing Federal research security risks posed by persons participating in federally funded research and development; (2) avoiding or mitigating such risks, as appropriate and consistent with the standards, guidelines, requirements, and practices identified by the Council under section 7903(b); (3) prioritizing Federal research security risk assessments conducted under paragraph (1) based on the applicability and relevance of the research and development to the national security and economic competitiveness of the United States; and (4) ensuring that all agency initiatives impacting federally funded research grant making policy and management to protect the national and economic security interests of the United States are integrated with the activities of the Council. (b) Inclusions \nThe responsibility of the head of an Executive agency for assessing Federal research security risk described in subsection (a) includes— (1) developing an overall Federal research security risk management strategy and implementation plan and policies and processes to guide and govern Federal research security risk management activities by the Executive agency; (2) integrating Federal research security risk management practices throughout the lifecycle of the grant programs of the Executive agency; (3) sharing relevant information with other Executive agencies, as determined appropriate by the Council in a manner consistent with section 7903; and (4) reporting on the effectiveness of the Federal research security risk management strategy of the Executive agency consistent with guidance issued by the Office of Management and Budget and the Council.", "id": "id360D1B89F59240F1BD538D823A469758", "header": "Requirements for Executive agencies" }, { "text": "4. Federal grant application fraud \n(a) In general \nChapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud \n(a) Definitions \nIn this section: (1) Federal agency \nThe term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (2) Federal grant \nThe term Federal grant — (A) means a grant awarded by a Federal agency; (B) includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and (C) does not include— (i) direct United States Government cash assistance to an individual; (ii) a subsidy; (iii) a loan; (iv) a loan guarantee; or (v) insurance. (3) Federal grant application \nThe term Federal grant application means an application for a Federal grant. (4) Foreign compensation \nThe term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— (A) a foreign government; (B) a foreign government institution; or (C) a foreign public enterprise. (5) Foreign government \nThe term foreign government includes a person acting or purporting to act on behalf of— (A) a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or (B) a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government. (6) Foreign government institution \nThe term foreign government institution means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government. (7) Foreign public enterprise \nThe term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence. (8) Law enforcement agency \nThe term law enforcement agency — (A) means a Federal, State, local, or Tribal law enforcement agency; and (B) includes— (i) the Office of Inspector General of an establishment (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.)); and (ii) the Office of Inspector General, or similar office, of a State or unit of local government. (9) Outside compensation \nThe term outside compensation means any compensation, resource, or support regardless of monetary value made available to the applicant in support of or related to any research endeavor, including, but not limited to, a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including, but not limited to, materials, travel compensation, or work incentives. (b) Prohibition \nIt shall be unlawful for any individual to knowingly— (1) prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual; (2) forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or (3) prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that— (A) contains a false statement; (B) contains a material misrepresentation; (C) has no basis in law or fact; or (D) fails to disclose a material fact. (c) Exception \nSubsection (b) does not apply to an activity— (1) carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— (A) a law enforcement agency; or (B) a Federal intelligence agency; or (2) authorized under chapter 224. (d) Penalty \nAny individual who violates subsection (b)— (1) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and (2) shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1).. (b) Clerical amendment \nThe table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud..", "id": "id06D047375DAF42A485E87E2F49F2F013", "header": "Federal grant application fraud" }, { "text": "1041. Federal grant application fraud \n(a) Definitions \nIn this section: (1) Federal agency \nThe term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (2) Federal grant \nThe term Federal grant — (A) means a grant awarded by a Federal agency; (B) includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and (C) does not include— (i) direct United States Government cash assistance to an individual; (ii) a subsidy; (iii) a loan; (iv) a loan guarantee; or (v) insurance. (3) Federal grant application \nThe term Federal grant application means an application for a Federal grant. (4) Foreign compensation \nThe term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— (A) a foreign government; (B) a foreign government institution; or (C) a foreign public enterprise. (5) Foreign government \nThe term foreign government includes a person acting or purporting to act on behalf of— (A) a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or (B) a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government. (6) Foreign government institution \nThe term foreign government institution means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government. (7) Foreign public enterprise \nThe term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence. (8) Law enforcement agency \nThe term law enforcement agency — (A) means a Federal, State, local, or Tribal law enforcement agency; and (B) includes— (i) the Office of Inspector General of an establishment (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.)); and (ii) the Office of Inspector General, or similar office, of a State or unit of local government. (9) Outside compensation \nThe term outside compensation means any compensation, resource, or support regardless of monetary value made available to the applicant in support of or related to any research endeavor, including, but not limited to, a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including, but not limited to, materials, travel compensation, or work incentives. (b) Prohibition \nIt shall be unlawful for any individual to knowingly— (1) prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual; (2) forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or (3) prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that— (A) contains a false statement; (B) contains a material misrepresentation; (C) has no basis in law or fact; or (D) fails to disclose a material fact. (c) Exception \nSubsection (b) does not apply to an activity— (1) carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— (A) a law enforcement agency; or (B) a Federal intelligence agency; or (2) authorized under chapter 224. (d) Penalty \nAny individual who violates subsection (b)— (1) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and (2) shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1).", "id": "id71412D86939141618F51286927A606DA", "header": "Federal grant application fraud" }, { "text": "5. Restricting the acquisition of goods, technologies, and sensitive information to certain aliens \n(a) Grounds of inadmissibility \nSection 212(a)(3)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i) ) is amended to read as follows: (i) any activity— (I) to violate any law of the United States relating to espionage or sabotage; (II) to violate or evade any law prohibiting the export from the United States of goods, technologies, or sensitive information; or (III) to acquire export-controlled goods, technologies, or sensitive information through any exclusions for items normally subject to export controls if the Secretary of State has determined that the acquisition of those goods, technologies, or sensitive information by that alien would be contrary to an articulable national security (including economic security) interest of the United States;. (b) Determining factors \n(1) In general \nTo determine whether an alien is inadmissible under section 212(a)(3)(A)(i)(III) of the Immigration and Nationality Act, as amended by subsection (a), officials of the Department of State shall— (A) seek advice and assistance from officials at the Office of the Director of National Intelligence, the Office of Science and Technology Policy, the Department of Health and Human Services, the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Commerce, and other appropriate Federal agencies; (B) make a determination of the alien’s past, current, or intended employment or cooperation with— (i) foreign military and security related organizations that are adversarial to the United States; (ii) foreign institutions involved in the theft of United States research; (iii) entities involved in export control violations or the theft of intellectual property; (iv) a government that seeks to undermine the integrity and security of the United States research community; or (v) other associations or collaborations that pose a national or economic security threat based on intelligence assessments; and (C) weigh the proportionality of risk for the factors listed in subparagraph (B). (2) Machine-readable documents \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State shall— (A) use a machine-readable visa application form; and (B) make available documents submitted in support of a visa application in a machine readable format to assist in— (i) identifying fraud; (ii) conducting lawful law enforcement activities; and (iii) determining the eligibility of applicants for a visa under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). (c) Reporting requirement \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall submit a report to Congress that identifies— (1) any criteria used to describe the aliens to which such section 212(a)(3)(A)(i)(III) may apply; and (2) the number of individuals determined to be inadmissible under such section 212(a)(3)(A)(i)(III), including the nationality of each such individual. (d) Classification of annual report \nEach annual report required under subsection (c) shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified appendix detailing the criteria used to describe the aliens to which such section 212(a)(3)(A)(i)(III) applies if the Secretary of State determines that such action— (1) is in the national security and economic security interests of the United States; or (2) is necessary to further the purposes of this Act. (e) Report \nNot later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Commerce, Science, and Transportation of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Oversight and Reform of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Committee on Energy and Commerce of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that— (1) describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the Department of State with authorized Federal agencies; (2) identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable; (3) provides cost estimates, including personnel costs and a cost-benefit analysis for adopting different technologies, including optical character recognition, for— (A) making every element of a visa application, and documents submitted in support of a visa application, machine-readable; and (B) ensuring that such system— (i) protects personally identifiable information; and (ii) permits the sharing of visa information with Federal agencies in accordance with existing law; and (4) includes an estimated timeline for completing the implementation of subsection (b)(2).", "id": "idD10F6B4A4CBE43EFB46AFE54BDDD4D09", "header": "Restricting the acquisition of goods, technologies, and sensitive information to certain aliens" }, { "text": "6. Limitations on educational and cultural exchange programs \nSection 102(b)(5) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2452(b)(5) ) is amended by striking the semicolon at the end and inserting the following: “by developing exchange programs for foreign researchers and scientists, while protecting technologies regulated by export control laws important to the national security and economic interests of the United States, including requiring sponsors— (A) to disclose to the Department of State whether an exchange visitor, as a primary part of his or her exchange program, will have released to them controlled technology or technical data regulated by export control laws at sponsor organizations through research activities, lectures, course work, sponsor employees, officers, agents, third parties at which the sponsor places the exchange visitor, volunteers, or other individuals or entities associated with a sponsor’s administration of the exchange visitor program; (B) to provide a plan to the Department of State that establishes appropriate program safeguards to prevent the unauthorized release of controlled technology or technical data regulated by export control laws at sponsor organizations or through their employees, officers, agents, third parties, volunteers, or other individuals or entities associated with a sponsor’s administration of the exchange visitor program; and (C) to demonstrate, to the satisfaction of the Secretary of State, that programs that will release controlled technology or technical data to an exchange visitor at the sponsor organization through exchange visitor programs have received appropriate authorization from the Department of State, the Department of Commerce, other cognizant Federal agency before the sponsor releases controlled technology or technical data;.", "id": "idAE9B127BC2D34B6FBF7201C1DEB99CD3", "header": "Limitations on educational and cultural exchange programs" }, { "text": "7. Amendments to disclosures of foreign gifts \nSection 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) by amending subsection (a) to read as follows: (a) Disclosure report \n(1) In general \nAn institution shall file a disclosure report with the Secretary not later than March 31 occurring after— (A) the calendar year in which a foreign source gains ownership of, or control over, the institution; or (B) the calendar year in which the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year. (2) Revisions; updates \nThe Secretary shall permit institutions to revise and update disclosure reports previously filed to ensure accuracy, compliance, and the ability to cure. ; (2) by amending subsection (b) to read as follows: (b) Contents of report \nEach report to the Secretary required by this section shall contain the following: (1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity. (2) For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government. (3) In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control. (4) An assurance that the institution will maintain true copies of gift and contract agreements subject to the disclosure requirements under this section for at least the duration of the agreement. (5) An assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the Secretary during a compliance audit or other institutional investigation. ; (3) by amending subsection (e) to read as follows: (e) Public inspection \nNot later than 30 days after receiving a disclosure report under this section, the Secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared. ; (4) in subsection (f), by adding at the end the following: (3) Fines \n(A) In general \nThe Secretary may impose a fine on any institution that repeatedly fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in accordance with subsection (a) in an amount that is not more than 3 times the amount of the gift or contract with the foreign source. (B) Definition of repeatedly fails \nIn this paragraph, the term repeatedly fails means that the institution failed to file a disclosure report for a receipt of a gift from or contract with a foreign source in 3 consecutive years. ; (5) by amending subsection (g) to read as follows: (g) Rulemaking \n(1) In general \nNot later than 1 year after the date of enactment of the Safeguarding American Innovation Act , the Secretary shall issue regulations to carry out this section using the negotiated rulemaking procedure set forth in section 492(b). (2) Elements \nRegulations issued pursuant to paragraph (1) shall— (A) incorporate instructions for— (i) reporting structured gifts and contracts; and (ii) reporting contracts that balances the need for transparency, while protecting the proprietary information of institutes of higher education; and (B) clarify the definition of subunit , for purposes of subsection (i)(4)(C). ; (6) by redesignating subsection (h) as subsection (i); (7) by inserting after subsection (g) the following: (h) Treatment of tuition payment \nA tuition and related fees and expenses payment to an institution by, or a scholarship from, a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this section. ; and (8) in subsection (i), as redesignated— (A) in paragraph (3), by striking or property and inserting , property, resources, or staff, including any funds provided to the institution and used to pay, or designated for the payment of, staff ; and (B) in paragraph (5)(B), by inserting institutes, instructional programs, after centers,.", "id": "id768d13a0cea84942b9e1b23ff9ab03db", "header": "Amendments to disclosures of foreign gifts" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Officer Ella Grace French Task Force Support Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Amendment \nSection 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703(b) ) 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: (4) support for multijurisdictional task forces that coordinate efforts between Federal, State, Tribal, territorial, and local agencies to investigate and disrupt illegal firearms trafficking and straw purchasing..", "id": "idEF8944FB3AAA410CB895FCE85C0F7B89", "header": "Amendment" } ]

[ { "text": "1. Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program \n(a) Establishment \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (referred to in this Act as the IMPACTT Program ). (b) Functions \nThe IMPACTT Program shall— (1) provide outreach and training to Homeland Security Investigations employees and partners who have been exposed to various forms of trauma in working with victims of human trafficking, including— (A) self-awareness training for the relevant employees on recognizing the signs of burnout, compassion fatigue, critical incident stress, traumatic stress, posttraumatic stress, secondary traumatic stress, and vicarious trauma; (B) training material that provides mechanisms for self-care and resilience, and notify of resources available through the U.S. Immigration and Customs Enforcement Employee Assistance Program and other relevant accredited programs, as available; and (C) provide additional training to first line supervisors of relevant employees on recognizing the signs referred to in subparagraph (A) and the appropriate responses to employees exhibiting such signs; (2) include training modules that are carried out by— (A) licensed and accredited clinicians who have been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (B) additional subject matter experts, as available; and (3) be overseen and coordinated by the Homeland Security Investigations Countering Human Trafficking Center to ensure that— (A) appropriate program materials are distributed; (B) training is offered to all relevant employees; and (C) any needed travel and equipment is provided. (c) Authorization of appropriations \nIn addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated $800,000 for each fiscal year to the Secretary of Homeland Security to carry out this subsection.", "id": "id163a459e596749ada1913c6531132e24", "header": "Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program" }, { "text": "2. Homeland Security Investigations Victim Assistance Program \n(a) In general \nSubtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; and (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section.. (b) Technical and conforming amendments \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (1) in section 1(b) ( 6 U.S.C. 101 note)— (A) by striking the item relating to section 442 and inserting the following: Sec. 442. U.S. Immigration and Customs Enforcement. ; and (B) by inserting after the item relating to section 446 the following: Sec. 447. Homeland Security Investigations Victim Assistance Program. ; (2) in section 442— (A) by amending the section heading to read as follows: U.S. Immigration and Customs Enforcement ; (B) striking bureau each place such term appears (except in subsection (a)(1)) and inserting agency ; (C) striking the Bureau of Border Security each place such term appears and inserting U.S. Immigration and Customs Enforcement ; (D) in subsection (a)— (i) in the subsection heading, striking of Bureau ; (ii) in paragraph (3)(C), striking affecting the Bureau of and inserting affecting U.S. ; and (iii) in paragraph (4), striking the Bureau. and inserting the agency. ; and (E) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), striking Bureau of Border Security and inserting U.S. Immigration and Customs Enforcement ; and (ii) in subparagraph (B), striking the Bureau of before Citizenship and Immigration Services and inserting U.S. ; and (3) in section 443(2), by striking such bureau and inserting such agency.", "id": "idecfa57b045454ce786b4c4131c58fe83", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; and (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section.", "id": "id5243dd6ed5a840808cf02b0e76713a39", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "3. Annual report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, with respect to the reporting period— (1) the number of trainings that were provided through the IMPACTT Program and the number of personnel who received such training; and (2) the number of potential human trafficking victims who were assisted by the Homeland Security Investigations Victim Assistance Program.", "id": "id268f3a28d4d8432089c670b87c195059", "header": "Annual report" }, { "text": "1. Short title \nThis Act may be cited as the IMPACTT Human Trafficking Act.", "id": "id1e5b5a59-262f-4881-8aff-ee6eccc8e5e1", "header": "Short title" }, { "text": "2. Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program \n(a) Establishment \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (referred to in this Act as the IMPACTT Program ). (b) Functions \nThe IMPACTT Program shall— (1) provide outreach and training to Homeland Security Investigations employees and partners who have been exposed to various forms of trauma in working with victims of human trafficking, including— (A) self-awareness training for the relevant employees on recognizing the signs of burnout, compassion fatigue, critical incident stress, traumatic stress, posttraumatic stress, secondary traumatic stress, and vicarious trauma; (B) training material that provides mechanisms for self-care and resilience, and notify of resources available through the U.S. Immigration and Customs Enforcement Employee Assistance Program and other relevant accredited programs, as available; and (C) provide additional training to first line supervisors of relevant employees on recognizing the signs referred to in subparagraph (A) and the appropriate responses to employees exhibiting such signs; (2) include training modules that are carried out by— (A) licensed and accredited clinicians who have been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (B) additional subject matter experts, as available; and (3) be overseen and coordinated by the Homeland Security Investigations Countering Human Trafficking Center to ensure that— (A) appropriate program materials are distributed; (B) training is offered to all relevant employees; and (C) any needed travel and equipment is provided. (c) Authorization of appropriations \nIn addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated $800,000 for each fiscal year to the Secretary of Homeland Security to carry out this subsection.", "id": "idEBEA3185586A4D57AA97D0438E30CFF2", "header": "Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program" }, { "text": "3. Homeland Security Investigations Victim Assistance Program \n(a) In general \nSubtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall — (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section.. (b) Technical and conforming amendments \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (1) in section 1(b) ( 6 U.S.C. 101 note)— (A) by striking the item relating to section 442 and inserting the following: Sec. 442. U.S. Immigration and Customs Enforcement. ; and (B) by inserting after the item relating to section 446 the following: Sec. 447. Homeland Security Investigations Victim Assistance Program. ; (2) in section 442— (A) by amending the section heading to read as follows: U.S. Immigration and Customs Enforcement ; (B) striking bureau each place such term appears (except in subsection (a)(1)) and inserting agency ; (C) striking the Bureau of Border Security each place such term appears and inserting U.S. Immigration and Customs Enforcement ; (D) in subsection (a) — (i) in the subsection heading, striking of Bureau ; (ii) in paragraph (3)(C), striking affecting the Bureau of and inserting affecting U.S. ; and (iii) in paragraph (4), striking the Bureau. and inserting the agency. ; and (E) in subsection (b)(2) — (i) in the matter preceding subparagraph (A), striking Bureau of Border Security and inserting U.S. Immigration and Customs Enforcement ; and (ii) in subparagraph (B), striking the Bureau of before Citizenship and Immigration Services and inserting U.S. ; and (3) in section 443(2), by striking such bureau and inserting such agency.", "id": "id9031f05e-86de-473c-8875-f06d7ec68552", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall — (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section.", "id": "id84ae64fb-2474-4f33-bac4-3a07319c5825", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "4. Annual report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, with respect to the reporting period— (1) the number of trainings that were provided through the IMPACTT Program and the number of personnel who received such training; and (2) the number of potential human trafficking victims who were assisted by the Homeland Security Investigations Victim Assistance Program.", "id": "id004f0e22-c6d3-4208-879a-214deb2e1a72", "header": "Annual report" } ]

[ { "text": "1. Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program \n(a) Establishment \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program (referred to in this Act as the IMPACTT Program ). (b) Functions \nThe IMPACTT Program shall— (1) provide outreach and training to Homeland Security Investigations employees and partners who have been exposed to various forms of trauma in working with victims of human trafficking, including— (A) self-awareness training for the relevant employees on recognizing the signs of burnout, compassion fatigue, critical incident stress, traumatic stress, posttraumatic stress, secondary traumatic stress, and vicarious trauma; (B) training material that provides mechanisms for self-care and resilience, and notify of resources available through the U.S. Immigration and Customs Enforcement Employee Assistance Program and other relevant accredited programs, as available; and (C) provide additional training to first line supervisors of relevant employees on recognizing the signs referred to in subparagraph (A) and the appropriate responses to employees exhibiting such signs; (2) include training modules that are carried out by— (A) licensed and accredited clinicians who have been trained on the exposure of various forms of trauma and other stressors experienced in working with victims; and (B) additional subject matter experts, as available; and (3) be overseen and coordinated by the Homeland Security Investigations Countering Human Trafficking Center to ensure that— (A) appropriate program materials are distributed; (B) training is offered to all relevant employees; and (C) any needed travel and equipment is provided. (c) Authorization of appropriations \nIn addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated $800,000 for each fiscal year to the Secretary of Homeland Security to carry out this subsection.", "id": "id163a459e596749ada1913c6531132e24", "header": "Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma Program" }, { "text": "2. Homeland Security Investigations Victim Assistance Program \n(a) In general \nSubtitle D of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: 447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; and (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section.. (b) Technical and conforming amendments \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (1) in section 1(b) ( 6 U.S.C. 101 note)— (A) by striking the item relating to section 442 and inserting the following: Sec. 442. U.S. Immigration and Customs Enforcement. ; and (B) by inserting after the item relating to section 446 the following: Sec. 447. Homeland Security Investigations Victim Assistance Program. ; (2) in section 442— (A) by amending the section heading to read as follows: U.S. Immigration and Customs Enforcement ; (B) striking bureau each place such term appears (except in subsection (a)(1)) and inserting agency ; (C) striking the Bureau of Border Security each place such term appears and inserting U.S. Immigration and Customs Enforcement ; (D) in subsection (a)— (i) in the subsection heading, striking of Bureau ; (ii) in paragraph (3)(C), striking affecting the Bureau of and inserting affecting U.S. ; and (iii) in paragraph (4), striking the Bureau. and inserting the agency. ; and (E) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), striking Bureau of Border Security and inserting U.S. Immigration and Customs Enforcement ; and (ii) in subparagraph (B), striking the Bureau of before Citizenship and Immigration Services and inserting U.S. ; and (3) in section 443(2), by striking such bureau and inserting such agency.", "id": "idecfa57b045454ce786b4c4131c58fe83", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "447. Homeland Security Investigations Victim Assistance Program \n(a) Definitions \nIn this section: (1) Forensic interview specialist \nThe term forensic interview specialist is an interview professional who has specialized experience and training in conducting trauma-informed forensic interviews with victims of crime. (2) Victim assistance specialist \nThe term victim assistance specialist is a victim assistance professional who— (A) has experience working with victims of crime in a service capacity; and (B) has been trained on the exposure of various forms of trauma and other stressors experienced in working with victims. (b) In general \nThere is established, in Homeland Security Investigations of U.S. Immigration and Customs Enforcement, the Victim Assistance Program. (c) Functions \nThe Victim Assistance Program shall— (1) provide oversight, guidance, training, travel, equipment, and coordination to victim assistance personnel throughout the United States; (2) recruit not fewer than— (A) 1 forensic interview specialist and 1 victim assistance specialist for each Homeland Security Investigations Special Agent in Charge office; (B) 1 victim assistance specialist for— (i) every Homeland Security Investigations office participating in a human trafficking task force; (ii) every Homeland Security Investigations regional attaché office; and (iii) every Homeland Security Investigations office participating in a child sexual exploitation task force; (3) provide training regarding victims’ rights, victim-related policies, roles of forensic interviewers and victim assistance specialists, and an approach that is— (A) victim-centered; (B) trauma-informed; and (C) linguistically appropriate; and (4) provide sufficient funding for emergency expenditures to purchase items needed to assist identified victims, including food, clothing, hygiene products, transportation, and temporary shelter that is not otherwise provided by a nongovernmental organization. (d) Authorization of appropriations \nThere is authorized to be appropriated $25,000,000 for each fiscal year to carry out this section.", "id": "id5243dd6ed5a840808cf02b0e76713a39", "header": "Homeland Security Investigations Victim Assistance Program" }, { "text": "3. Annual report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that identifies, with respect to the reporting period— (1) the number of trainings that were provided through the IMPACTT Program and the number of personnel who received such training; and (2) the number of potential human trafficking victims who were assisted by the Homeland Security Investigations Victim Assistance Program.", "id": "id268f3a28d4d8432089c670b87c195059", "header": "Annual report" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Earn to Learn Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Skyrocketing costs of higher education are outpacing available financial aid. Individuals in the United States owe more than $1,500,000,000,000 in student loan debt, and more than 3,000 student loan borrowers default on a student loan every day, many of whom left college before finishing a degree. (2) The cost of paying for public higher education and workforce training programs continues to rise while the purchasing power of Federal Pell Grant aid has significantly diminished. (3) The confluence of these issues forces prospective students to make the tough choice between foregoing postsecondary education and borrowing enough money to pay for college, an amount that is often many times their annual salary and can remain a financial burden for decades after these students graduate. (4) The higher rates of loan delinquencies and default among low- and moderate-income populations often lead to increased financial hardship, fewer assets, and lower net worth. (5) In 2013, the Brookings Institute found that the increasing debt burden represents a drag on recent graduates and also serves as a deterrent to would-be students who may question the trade-off between the debt burden and the payoff of a college degree. (6) During the academic year 2015–2016 the Department of Education found that nearly 3 in 4 students experience unmet need, and that unmet need among college students has risen by 23 percent since academic year 2011–2012. (7) The Federal Reserve System has determined student loan payments are displacing retirement savings, home ownership, small business development, and other forms of building wealth. (8) The Economic Well-Being of U.S. Households in 2018 report by the Federal Reserve found that two-thirds of graduates with a bachelor’s degree or higher feel that their educational investment paid off financially, but only 3 in 10 students who started higher education programs but did not complete a degree share this view. (9) The United States urgently needs a new national, innovative approach to financial aid to help low-income students achieve their educational goals, graduate with affordable amounts of student loan debt, and improve their financial capability.", "id": "id952710da5a1a42289493b5edea65b9b2", "header": "Findings" }, { "text": "3. Purposes \nIt is the purpose of this Act to— (1) establish a proven and innovative matched savings program for low-income students that provides the financial resources and support those students need to attain their educational goals; (2) provide a much-needed supplement to traditional financial aid options through matched savings; (3) give students the tools to succeed by giving students the opportunity to invest in their education and to improve their financial capability through financial empowerment training and success coaching; and (4) help students— (A) develop healthy financial habits and life skills; (B) prepare to embark on a lifetime of healthy financial practices after graduation; and (C) minimize or eliminate student loan debt.", "id": "idf574117e5a0d48d69afcf10dcdea099c", "header": "Purposes" }, { "text": "4. Definitions \nIn this Act: (1) 529 account \nThe term 529 account means a qualified tuition program as defined in section 529(b) of the Internal Revenue Code of 1986. (2) Cost of attendance \nThe term cost of attendance has the meaning given that term in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). (3) Custodial account \nThe term custodial account means a financial account established for the benefit of an eligible student, which shall be treated as a trust if the assets of the custodial account are held by a bank (as defined in section 408(n) of the Internal Revenue Code of 1986 ( 26 U.S.C. 408(n) )) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which such person will administer the custodial account will be consistent with the requirements of this Act. (4) Educational savings account \nThe term educational savings account means an account that is— (A) a custodial account; or (B) a 529 account. (5) Eligible educational institution \nThe term eligible educational institution means the following: (A) Institution of higher education \nAn institution of higher education, as defined in section 101 or 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 , 1002). (B) Area career and technical education school \nAn area career and technical education school, as defined in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). (6) Eligible entity \nThe term eligible entity means a State or a nonprofit organization. (7) Eligible student \n(A) In General \nThe term eligible student means an individual who— (i) is selected to participate in a college match savings program; (ii) has been admitted to an institution of higher education; (iii) is a student from a low-income family, as determined by the eligible entity; (iv) successfully completes a required prerequisite personal finance training program; (v) agrees to contribute savings to the educational savings account administered by the eligible entity under this section; and (vi) meets any other eligibility criteria as defined by the eligible entity. (B) Preliminary eligibility \nNotwithstanding subparagraph (A), a student may be selected to participate in the college match savings program on a preliminary basis and given an educational savings account if the student is from a low-income family, as determined by the eligible entity, who plans to attend an institution of higher education. (8) Financial Capability Training Platform \nThe term Financial Capability Training Platform means a program for use by a college match savings program carried out with a grant under this section that— (A) delivers financial capability training to participating students that is designed to help students improve their financial capability and overall financial well-being; (B) includes an initial assessment to identify individual learning goals and objectives; (C) creates a personal and dynamic learning experience for each individual participant, including ongoing assessments as well as interim milestones related to learning objectives and longer-term goals; and (D) includes modules on student loans, financial aid, budgeting and credit, consumer debt, housing costs, retirement, the importance of emergency savings, banking (including checking and savings accounts), credit use and interest rates, predatory lending practices, privacy, and security, which shall be conducted by or at the direction of the eligible entity. (9) Program Guide \nThe term Program Guide means a guide that includes program policies and procedures, a savings plan agreement template, withdrawal form template, recommended timelines, other key forms, and the structure for implementing and reporting program results for a college match savings program carried out with a grant under this section. (10) Reporting Dashboard \nThe term Reporting Dashboard means a robust online data portal for college match savings programs carried out with a grant under this section that— (A) allows eligible entities to monitor student progress, track achievement, and measure relevant behavioral change; (B) standardizes and facilitates student evaluation across participating institutions; and (C) is in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’). (11) Success Coaching Model \nThe term Success Coaching Model includes— (A) financial capability training to address budgeting, managing student debt, savings, debit management, credit cards, retirement readiness, and credit reports; (B) college readiness training that provides mentoring to help students be better prepared for the challenges of postsecondary education; and (C) workforce readiness training to learn interviewing, resume skills, and career exploration. (12) Secretary \nThe term Secretary means the Secretary of Education.", "id": "id1c5f8718225949ba857ca57dc7abedf5", "header": "Definitions" }, { "text": "5. College savings demonstration grant program \n(a) Grant established \n(1) In General \nNot later than 9 months after the date of enactment of this Act, the Secretary shall establish a college matched savings demonstration grant program described in this section, through which the Secretary shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to carry out the activities described in subsection (e). (2) Tools for grantees \nThe Secretary shall develop the Reporting Dashboard, Financial Capability Training Platform, Program Guide, and Success Coaching Model and make those tools available to grantees. (3) Pell eligibility not affected \nThe Secretary shall ensure that, notwithstanding any other provision of law— (A) participation in the grant program shall not affect a student's eligibility for a Federal Pell Grant; and (B) funds deposited in an educational savings account by a participating student, as well as any matching funds under this section, shall not be considered when a determination is made about that student's eligibility for Federal student aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), including for a Federal Pell Grant. (b) Application \nAn eligible entity that desires to participate in the grant program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine, including, at a minimum— (1) a demonstration of— (A) a commitment of non-Federal matching funds at a ratio of 1:1 (which non-Federal funds may be provided by an entity other than the eligible entity); (B) the ability to launch and implement the program; and (C) a plan for compliance with evaluation and program monitoring; and (2) an assurance that the applicant will utilize the Reporting Dashboard, Financial Capability Training Platform, and Success Coaching Model developed by the Secretary under subsection (a)(2). (c) Selection \n(1) Priority \nIn selecting eligible entities to participate in the grant program, the Secretary shall give priority to eligible entities that— (A) target individuals at a statewide level with networks of participating eligible educational institutions; and (B) commit to supporting selected eligible students through the student's graduation from an institution of higher education. (2) Diversity of projects \nThe Secretary shall ensure, to the maximum extent practical, that the grants awarded under this section include eligible entities that represent a range of communities (both rural and urban) and diverse populations. (d) Amount \nA grant awarded under this section shall be in an amount not to exceed the lesser of— (1) the aggregate amount of funds committed as matching contributions from non-Federal public or private sector sources; or (2) $10,000,000. (e) Uses of funds \n(1) In General \nAn eligible entity receiving a grant under this section shall use the grant funds to— (A) select eligible students, or students who may have preliminary eligibility, in the State in which the eligible entity is located to participate in the grant program; (B) provide selected students with financial literacy education using the Success Coaching Model; (C) after ensuring that a selected eligible student or selected student with preliminary eligibility has completed an agreement regarding the terms and conditions of the educational savings account, establish an educational savings account for each participating eligible student or student who has preliminary eligibility and allow students and their families to deposit funds in that account to save for attendance at an eligible educational institution; and (D) reserve matching funds for participating students in accordance with paragraph (2). (2) Matching funds \n(A) In General \nAfter a student or student's family meets a $500 savings threshold, for every additional $1 a student or student's family contributes to an educational savings account, that amount shall be matched by an additional $8 that the eligible entity will pay to the student's individual account at the student's eligible educational institution once that student meets the requirements of section 4(7)(A), including being accepted to an eligible educational institution. (B) Withdrawal from school \nIf a participating student withdraws from an eligible institution during the drop-add period at that eligible institution, the student shall be responsible for any amounts owed for that academic period and will not receive matching funds for that academic period. (C) Delay of attendance; extenuating circumstances \nSubject to paragraph (3), each eligible entity shall describe in the agreement under paragraph (1)(C) the eligible entity's policy regarding the availability of matching funds in the event a student decides to delay attendance at an eligible institution or in the case of extenuating circumstances, such as illness of a student. (3) Return of deposited funds \n(A) In General \nEach eligible entity shall ensure that a participating student, including a student with preliminary eligibility, who does not meet or maintain the requirements of section 4(7)(A) shall be entitled to withdraw funds that the student or the student's family contributed to the educational savings account in accordance with the terms and conditions that are contained in the agreement for that educational savings account, as described in paragraph (1)(C). (B) Expiration \nOn the date that is 6 years after the date on which a participating eligible student first enrolled in an eligible educational institution, that student's participation in the college matched savings demonstration grant program shall terminate. The eligible entity shall cease reserving matching funds on behalf of that student as described in paragraph (1)(D). Any remaining funds that the student or the student's family deposited in an educational savings account shall be made available for withdrawal in accordance with subparagraph (A). (4) Management costs \nAn eligible entity receiving a grant under this section may use not more than 5 percent of grant funds for management costs, which may include nonadministrative and administrative functions, including program management, reporting requirements, recruitment and enrollment of individuals, and monitoring. (f) Data sharing \nAn eligible entity receiving a grant under this Act shall enter into a data sharing agreement with eligible institutions in order to exchange data necessary to carry out the activities described in this section. Such data sharing shall be carried out in a manner that complies with the requirements of section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’). (g) Annual progress reports \nEach eligible entity receiving a grant under this section shall prepare and submit to the Secretary an annual progress report containing the following information, in the aggregate and in a manner that protects personally identifiable information in accordance with Federal privacy laws: (1) The number and characteristics of participating eligible students making a deposit into an educational savings account. (2) Data on program goals and achievements including enrollment rates, first-year retention rates, program completion, average Federal student loan debt, and share of students borrowing Federal student loans. (3) The amount that the eligible entity has reserved in accordance with subsection (e)(1)(D). (4) The aggregate amounts deposited in educational savings accounts by students and their families, without including any personally identifiable information. (5) What service configurations of the eligible entity (such as configurations relating to peer support, structured planning exercises, mentoring, and case management) increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities. (6) Such other information as the Secretary may require to evaluate the demonstration project. (h) Report to Congress \nNot later than 12 months after the establishment of this demonstration project, the Secretary of Education shall prepare and submit to Congress a report containing the following information: (1) The effects of incentives and organizational or institutional support on college retention in the demonstration project. (2) The savings rates of individuals in the demonstration project, in the aggregate and disaggregated by demographic characteristics including gender, age, family size, race or ethnic background, and income. (3) The effects of educational savings accounts on savings rates, college retention and completion, and how such effects vary among different populations or communities. (4) The lessons to be learned from the demonstration projects conducted under this Act and whether a permanent college savings grant program should be established. (5) The characteristics of educational savings accounts (such as threshold amounts and match rates) required to stimulate participation in the demonstration project, and how such characteristics vary among different populations or communities. (6) Such other factors as may be prescribed by the Secretary. (i) Technical assistance \nThe Secretary of Education may reserve not more than 10 percent of the amounts appropriated under section to provide technical assistance to eligible entities receiving grants under this Act.", "id": "id1315631716FF45C184C84C87779149AB", "header": "College savings demonstration grant program" }, { "text": "6. Authorization of appropriations \nThere are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2021 and each of the succeeding 4 years.", "id": "id072e456935fa4ea59584e1001539f2eb", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Lake Champlain Basin Program Reauthorization Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Lake Champlain Basin Program \nSection 120 of the Federal Water Pollution Control Act ( 33 U.S.C. 1270 ) is amended to read as follows: 120. Lake Champlain Basin Program \n(a) Definitions \nIn this section: (1) Champlain Valley National Heritage Partnership \nThe term Champlain Valley National Heritage Partnership means the Champlain Valley National Heritage Partnership established by section 284(a) of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ). (2) Education and Outreach Committee \n(A) In general \nThe term Education and Outreach Committee means a committee established by the Steering Committee to provide objective information and funding recommendations to the Steering Committee upon request to be used in the decisionmaking process of the Steering Committee, including— (i) funding recommendations relating to educational and outreach opportunities and issues; and (ii) programmatic actions needed to address those educational or outreach opportunities or issues. (B) Inclusion \nThe term Education and Outreach Advisory Committee includes a committee described in subparagraph (A) established before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022. (3) Fiscal agent \nThe term fiscal agent means an organization that is responsible for fiscal and administrative management of the Program under the direction of the Steering Committee and the Administrator. (4) Foundation \nThe term Foundation means the Lake Champlain Basin Program Foundation that may be established pursuant to subsection (d)(1). (5) Lake Champlain Basin \nThe term Lake Champlain Basin means Lake Champlain and the natural watershed of Lake Champlain, including all land, streams, rivers, lakes, and other bodies of water in the United States and Canada that naturally drain into Lake Champlain, including all or a portion of— (A) the counties of Clinton, Franklin, Warren, Essex, and Washington in the State of New York; and (B) the counties of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans, and Caledonia in the State of Vermont. (6) Lake Champlain Citizens Advisory Committee \n(A) In general \nThe term Lake Champlain Citizens Advisory Committee means a committee in the State of Vermont, the State of New York, and, if the Province of Quebec elects to participate, the Province of Quebec, established by the Governor or executive officer of the State or province, as applicable, to advise on the protection and restoration of Lake Champlain. (B) Inclusion \nThe term Lake Champlain Citizens Advisory Committee includes a committee described in subparagraph (A) established before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022. (7) Plan \nThe term Plan means the comprehensive pollution prevention, ecosystem protection and restoration, and climate change response plan adopted and published under subsection (e)(1), including any revisions to that plan. (8) Program \nThe term Program means the Lake Champlain Basin Program established by subsection (b)(1). (9) Steering committee \nThe term Steering Committee means the Steering Committee established and maintained under the most recent Memorandum of Understanding on Environmental Cooperation on the Management of Lake Champlain entered into between the State of New York, the State of Vermont, and, if the Province of Quebec elects to participate, the Province of Quebec, as modified pursuant to this section. (10) Technical Advisory Committee \n(A) In general \nThe term Technical Advisory Committee means a committee established by the Steering Committee to provide objective information and funding recommendations to the Steering Committee upon request to be used in the decisionmaking process of the Steering Committee, including— (i) funding recommendations relating to technical and scientific management issues; and (ii) research or actions needed to address those technical or scientific management issues. (B) Inclusion \nThe term Technical Advisory Committee includes a committee described in subparagraph (A) established before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022. (b) Establishment \n(1) In general \nThere is established a program within the Environmental Protection Agency, to be known as the Lake Champlain Basin Program , that shall coordinate efforts among the Federal Government, applicable State governments, applicable local governments, the Province of Quebec (if the Province of Quebec elects to participate), and other partners to develop, adopt, and implement the Plan. (2) Implementation \nIn implementing the Program, the Administrator— (A) may, with no competitive process, provide support to the State of Vermont, the State of New York, and the Foundation; and (B) shall coordinate actions of the Environmental Protection Agency under subparagraph (A) with the actions of other appropriate Federal agencies. (c) Steering committee \n(1) Maintenance \nThe Steering Committee shall assist in carrying out and overseeing the Program and the Plan. (2) Membership \n(A) In general \nEach of the following shall be a member of the Steering Committee: (i) The highest level official (or a designee) of each of the following: (I) The State environmental agency of the State of New York. (II) The State environmental agency of the State of Vermont. (III) The Ministry for the Environment of the Province of Quebec, if that ministry elects to participate. (ii) A representative of— (I) the State agriculture agency from each of the States of New York and Vermont; and (II) the Quebec Agricultural Ministry, if that ministry elects to participate. (iii) The State Historic Preservation Officer from each of the States of New York and Vermont, or a designee of that officer. (iv) 6 representatives of units of local government entirely within the Lake Champlain Basin, of which— (I) 2 shall be representatives of units of local government in the State of New York; (II) 2 shall be representatives of units of local government in the State of Vermont; and (III) 2 shall be representatives of units of local government in the Province of Quebec, if the Province of Quebec elects to send representatives. (v) The chairperson of— (I) the Lake Champlain Citizens Advisory Committee of the State of New York; (II) the Lake Champlain Citizens Advisory Committee of the State of Vermont; and (III) if the Province of Quebec elects to participate, the Lake Champlain Citizens Advisory Committee of the Province of Quebec. (vi) The chairperson of the Technical Advisory Committee. (vii) The chairperson of the Education and Outreach Committee. (viii) The chairperson of the advisory committee for the Champlain Valley National Heritage Partnership. (ix) A representative from each of— (I) the Region 1 office of the Environmental Protection Agency; (II) the Region 2 office of the Environmental Protection Agency; (III) the Region 5 office of the United States Fish and Wildlife Service; (IV) the Natural Resources Conservation Service New York State office; (V) the Natural Resources Conservation Service Vermont State office; (VI) the National Park Service; and (VII) the New York District of the Corps of Engineers. (x) The Director of the Lake Champlain Sea Grant Institute. (xi) A representative of the Great Lakes Fishery Commission. (xii) Such additional members as may be confirmed by the Steering Committee. (B) Chairperson \nThe position of chairperson of the Steering Committee shall regularly rotate among the members of the Steering Committee described in subparagraph (A)(i). (C) Ratification \nAny actions of the Steering Committee taken before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022 are ratified and confirmed. (d) Lake Champlain Basin Program Foundation \n(1) Establishment \nThe Administrator and the Steering Committee may, in the discretion of the Administrator and by a vote of the Steering Committee, jointly establish a foundation, to be known as the Lake Champlain Basin Foundation , as a charitable and nonprofit corporation. (2) Not an agency \nIf established under paragraph (1), the Foundation shall not be an agency or establishment of the United States. (3) Purposes \nThe purposes of the Foundation, if established under paragraph (1), are— (A) to undertake and conduct activities that support— (i) the work of the Program; and (ii) the purposes of this section; (B) to accept and manage funds of the Foundation for the implementation of the Plan, including— (i) amounts made available to the Foundation by the Administrator; and (ii) amounts made available to Federal agencies under subsection (i)(2) for transfer to the Foundation; (C) to make subgrants, enter into contracts, and administer funds of the Foundation to carry out activities described in subparagraph (A); and (D) to participate with, and otherwise assist, Canada and the Province of Quebec in undertaking and conducting activities that further the work of the Program in fulfilling the purposes of this section and implementing the Plan. (4) Board of Directors \n(A) In general \nIf the Foundation is established under paragraph (1), the Foundation shall be governed by a board of directors (referred to in this subsection as the Board ). (B) Membership \nMembers of the Board shall include— (i) each member of the Steering Committee, unless the member declines to serve on the Board; and (ii) such additional members as may be appointed by the Steering Committee. (C) Recusal \nMembers of the Steering Committee may recuse themselves from votes on the Board. (D) Withdrawal \nMembers of the Board, including members of the Steering Committee that serve as members of the Board, may withdraw from membership on the Board. (E) Removal \nMembers appointed to the Board under subparagraph (B)(ii) may be removed by the Steering Committee. (5) Powers of the Foundation \nSubject to any conditions imposed on the Foundation by the Steering Committee and subject to approval by the Board, the Foundation may— (A) receive funds, including funds made available to Federal agencies under subsection (i)(2) for transfer to the Foundation; (B) retain staff; (C) issue subgrants; (D) enter into contracts; (E) own property; and (F) serve as fiscal agent for the Program, if selected to serve as the fiscal agent by the Administrator. (6) Dissolution \n(A) In general \nThe Administrator and the Steering Committee may jointly dissolve the Foundation. (B) Return of funds \nIf the Administrator and the Steering Committee jointly dissolve the Foundation under subparagraph (A), during the dissolution process, the Foundation shall return all unobligated funds to each Federal agency that provided funds to the Foundation in a manner that is proportional to the amount of funds received from that Federal agency. (e) Pollution prevention, ecosystem protection and restoration, and climate change response plan \n(1) Adoption \n(A) In general \nThe Steering Committee shall adopt and publish a comprehensive pollution prevention, ecosystem protection and restoration, and climate change response plan for Lake Champlain that protects and benefits the water quality, fisheries, wetlands, wildlife, and cultural resources of Lake Champlain and within the Lake Champlain basin. (B) Inclusions \nThe Plan shall include strategies to advance clean water, healthy ecosystems, thriving communities, and an informed and involved public in the Lake Champlain Basin with respect to Lake Champlain. (C) Revision \n(i) In general \nThe Steering Committee shall update and readopt the Plan not less frequently than once every 10 years, but may update and readopt the Plan more frequently as necessary to implement the Program. (ii) Goal \nThe Steering Committee shall have the goal of updating and readopting the Plan every 5 years. (iii) Effect \nA Plan adopted by the Steering Committee shall remain in effect until readopted by the Steering Committee pursuant to clause (i). (2) Use of plan \nThe Plan shall guide the work of the Program. (f) Grant assistance \n(1) Implementation grants \n(A) In general \nThe Administrator may, in consultation with the Steering Committee, make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies, institutions, and organizations for the purpose of implementing the Plan. (B) Federal share \n(i) In general \nSubject to clause (ii), the amount of a grant under subparagraph (A) shall not exceed 75 percent of the cost of the research, survey, study, or other work to be carried out using grant funds. (ii) Exception \n(I) In general \nThe Administrator may, on a case-by-case basis and in consultation with the Steering Committee, increase the Federal share under clause (i) to 85 percent of the costs described in that clause. (II) Requirement \nIn carrying out subclause (I), the Administrator shall be guided by policy adopted by the Steering Committee. (C) Requirements \nThe Administrator may establish such requirements for the administration of grants under subparagraph (A) as the Administrator determines to be appropriate. (2) Fiscal agent grants \n(A) In general \nThe Administrator may award grants to a qualified entity to serve as a fiscal agent for purposes of oversight of the Program. (B) Assessment \nThe Administrator and the Steering Committee shall— (i) as necessary but not less frequently than once every 10 years, assess the effectiveness of the fiscal agent for the purposes described in subparagraph (A); and (ii) if appropriate, select a new qualified entity through a competitive process to serve as a fiscal agent for the purposes described in that subparagraph. (C) No competitive process \n(i) Foundation \nIf the Foundation is established pursuant to subsection (d)(1) and is selected to serve as fiscal agent by the Administrator, the Administrator may award the grants under subparagraph (A) to the Foundation with no competitive process. (ii) Other entities \nIf a qualified entity is selected to serve as a fiscal agent through a competitive process pursuant to subparagraph (B)(ii), the Administrator may award grants under subparagraph (A) to the qualified entity with no competitive process. (g) Great Lakes Fishery Commission \n(1) In general \nThe Great Lakes Fishery Commission may undertake, fund, and support work on Lake Champlain, in the Lake Champlain Basin, and other areas within the Saint Lawrence River basin in Vermont, including through— (A) fisheries and aquatic ecosystem research, monitoring, restoration, and management; (B) sea lamprey control; (C) aquatic invasive species prevention and mitigation; (D) public engagement and education; and (E) other work to implement the Plan. (2) Authorization \nIn carrying out paragraph (1), the Great Lakes Fishery Commission may work with the Program, the Foundation, Federal and State agencies, institutions of higher education, nonprofit organizations, units of local government, and Canadian federal and Quebec provincial authorities. (h) Savings provisions \n(1) No effect on certain authority \nNothing in this section— (A) affects the jurisdiction or powers of— (i) any department or agency of the Federal Government or any State government; or (ii) except as provided in subsection (g), any international organization or entity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory; (B) provides new regulatory authority for the Environmental Protection Agency; or (C) affects section 304 of the Great Lakes Critical Programs Act of 1990 ( 33 U.S.C. 1270 note; Public Law 101–596 ). (2) No effect on obligations \nNothing in this section affects the obligations of Canada, the Province of Quebec, or any agencies or representatives of Canada or the Province of Quebec referenced in this section. (i) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Environmental Protection Agency to carry out the Program $50,000,000 for each of fiscal years 2023 through 2033. (2) Foundation \nIf the Foundation is established pursuant to subsection (d)(1), there is authorized to be appropriated for each fiscal year beginning with the fiscal year during which the Foundation is established through fiscal year 2033 for transfer to the Foundation— (A) $15,000,000 to the United States Fish and Wildlife Service; (B) $5,000,000 to the Natural Resources Conservation Service; and (C) $5,000,000 to the National Oceanic and Atmospheric Administration..", "id": "idF8386AB1E9014E668F9A9F4D2228A89F", "header": "Lake Champlain Basin Program" }, { "text": "120. Lake Champlain Basin Program \n(a) Definitions \nIn this section: (1) Champlain Valley National Heritage Partnership \nThe term Champlain Valley National Heritage Partnership means the Champlain Valley National Heritage Partnership established by section 284(a) of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ). (2) Education and Outreach Committee \n(A) In general \nThe term Education and Outreach Committee means a committee established by the Steering Committee to provide objective information and funding recommendations to the Steering Committee upon request to be used in the decisionmaking process of the Steering Committee, including— (i) funding recommendations relating to educational and outreach opportunities and issues; and (ii) programmatic actions needed to address those educational or outreach opportunities or issues. (B) Inclusion \nThe term Education and Outreach Advisory Committee includes a committee described in subparagraph (A) established before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022. (3) Fiscal agent \nThe term fiscal agent means an organization that is responsible for fiscal and administrative management of the Program under the direction of the Steering Committee and the Administrator. (4) Foundation \nThe term Foundation means the Lake Champlain Basin Program Foundation that may be established pursuant to subsection (d)(1). (5) Lake Champlain Basin \nThe term Lake Champlain Basin means Lake Champlain and the natural watershed of Lake Champlain, including all land, streams, rivers, lakes, and other bodies of water in the United States and Canada that naturally drain into Lake Champlain, including all or a portion of— (A) the counties of Clinton, Franklin, Warren, Essex, and Washington in the State of New York; and (B) the counties of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans, and Caledonia in the State of Vermont. (6) Lake Champlain Citizens Advisory Committee \n(A) In general \nThe term Lake Champlain Citizens Advisory Committee means a committee in the State of Vermont, the State of New York, and, if the Province of Quebec elects to participate, the Province of Quebec, established by the Governor or executive officer of the State or province, as applicable, to advise on the protection and restoration of Lake Champlain. (B) Inclusion \nThe term Lake Champlain Citizens Advisory Committee includes a committee described in subparagraph (A) established before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022. (7) Plan \nThe term Plan means the comprehensive pollution prevention, ecosystem protection and restoration, and climate change response plan adopted and published under subsection (e)(1), including any revisions to that plan. (8) Program \nThe term Program means the Lake Champlain Basin Program established by subsection (b)(1). (9) Steering committee \nThe term Steering Committee means the Steering Committee established and maintained under the most recent Memorandum of Understanding on Environmental Cooperation on the Management of Lake Champlain entered into between the State of New York, the State of Vermont, and, if the Province of Quebec elects to participate, the Province of Quebec, as modified pursuant to this section. (10) Technical Advisory Committee \n(A) In general \nThe term Technical Advisory Committee means a committee established by the Steering Committee to provide objective information and funding recommendations to the Steering Committee upon request to be used in the decisionmaking process of the Steering Committee, including— (i) funding recommendations relating to technical and scientific management issues; and (ii) research or actions needed to address those technical or scientific management issues. (B) Inclusion \nThe term Technical Advisory Committee includes a committee described in subparagraph (A) established before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022. (b) Establishment \n(1) In general \nThere is established a program within the Environmental Protection Agency, to be known as the Lake Champlain Basin Program , that shall coordinate efforts among the Federal Government, applicable State governments, applicable local governments, the Province of Quebec (if the Province of Quebec elects to participate), and other partners to develop, adopt, and implement the Plan. (2) Implementation \nIn implementing the Program, the Administrator— (A) may, with no competitive process, provide support to the State of Vermont, the State of New York, and the Foundation; and (B) shall coordinate actions of the Environmental Protection Agency under subparagraph (A) with the actions of other appropriate Federal agencies. (c) Steering committee \n(1) Maintenance \nThe Steering Committee shall assist in carrying out and overseeing the Program and the Plan. (2) Membership \n(A) In general \nEach of the following shall be a member of the Steering Committee: (i) The highest level official (or a designee) of each of the following: (I) The State environmental agency of the State of New York. (II) The State environmental agency of the State of Vermont. (III) The Ministry for the Environment of the Province of Quebec, if that ministry elects to participate. (ii) A representative of— (I) the State agriculture agency from each of the States of New York and Vermont; and (II) the Quebec Agricultural Ministry, if that ministry elects to participate. (iii) The State Historic Preservation Officer from each of the States of New York and Vermont, or a designee of that officer. (iv) 6 representatives of units of local government entirely within the Lake Champlain Basin, of which— (I) 2 shall be representatives of units of local government in the State of New York; (II) 2 shall be representatives of units of local government in the State of Vermont; and (III) 2 shall be representatives of units of local government in the Province of Quebec, if the Province of Quebec elects to send representatives. (v) The chairperson of— (I) the Lake Champlain Citizens Advisory Committee of the State of New York; (II) the Lake Champlain Citizens Advisory Committee of the State of Vermont; and (III) if the Province of Quebec elects to participate, the Lake Champlain Citizens Advisory Committee of the Province of Quebec. (vi) The chairperson of the Technical Advisory Committee. (vii) The chairperson of the Education and Outreach Committee. (viii) The chairperson of the advisory committee for the Champlain Valley National Heritage Partnership. (ix) A representative from each of— (I) the Region 1 office of the Environmental Protection Agency; (II) the Region 2 office of the Environmental Protection Agency; (III) the Region 5 office of the United States Fish and Wildlife Service; (IV) the Natural Resources Conservation Service New York State office; (V) the Natural Resources Conservation Service Vermont State office; (VI) the National Park Service; and (VII) the New York District of the Corps of Engineers. (x) The Director of the Lake Champlain Sea Grant Institute. (xi) A representative of the Great Lakes Fishery Commission. (xii) Such additional members as may be confirmed by the Steering Committee. (B) Chairperson \nThe position of chairperson of the Steering Committee shall regularly rotate among the members of the Steering Committee described in subparagraph (A)(i). (C) Ratification \nAny actions of the Steering Committee taken before the date of enactment of the Lake Champlain Basin Program Reauthorization Act of 2022 are ratified and confirmed. (d) Lake Champlain Basin Program Foundation \n(1) Establishment \nThe Administrator and the Steering Committee may, in the discretion of the Administrator and by a vote of the Steering Committee, jointly establish a foundation, to be known as the Lake Champlain Basin Foundation , as a charitable and nonprofit corporation. (2) Not an agency \nIf established under paragraph (1), the Foundation shall not be an agency or establishment of the United States. (3) Purposes \nThe purposes of the Foundation, if established under paragraph (1), are— (A) to undertake and conduct activities that support— (i) the work of the Program; and (ii) the purposes of this section; (B) to accept and manage funds of the Foundation for the implementation of the Plan, including— (i) amounts made available to the Foundation by the Administrator; and (ii) amounts made available to Federal agencies under subsection (i)(2) for transfer to the Foundation; (C) to make subgrants, enter into contracts, and administer funds of the Foundation to carry out activities described in subparagraph (A); and (D) to participate with, and otherwise assist, Canada and the Province of Quebec in undertaking and conducting activities that further the work of the Program in fulfilling the purposes of this section and implementing the Plan. (4) Board of Directors \n(A) In general \nIf the Foundation is established under paragraph (1), the Foundation shall be governed by a board of directors (referred to in this subsection as the Board ). (B) Membership \nMembers of the Board shall include— (i) each member of the Steering Committee, unless the member declines to serve on the Board; and (ii) such additional members as may be appointed by the Steering Committee. (C) Recusal \nMembers of the Steering Committee may recuse themselves from votes on the Board. (D) Withdrawal \nMembers of the Board, including members of the Steering Committee that serve as members of the Board, may withdraw from membership on the Board. (E) Removal \nMembers appointed to the Board under subparagraph (B)(ii) may be removed by the Steering Committee. (5) Powers of the Foundation \nSubject to any conditions imposed on the Foundation by the Steering Committee and subject to approval by the Board, the Foundation may— (A) receive funds, including funds made available to Federal agencies under subsection (i)(2) for transfer to the Foundation; (B) retain staff; (C) issue subgrants; (D) enter into contracts; (E) own property; and (F) serve as fiscal agent for the Program, if selected to serve as the fiscal agent by the Administrator. (6) Dissolution \n(A) In general \nThe Administrator and the Steering Committee may jointly dissolve the Foundation. (B) Return of funds \nIf the Administrator and the Steering Committee jointly dissolve the Foundation under subparagraph (A), during the dissolution process, the Foundation shall return all unobligated funds to each Federal agency that provided funds to the Foundation in a manner that is proportional to the amount of funds received from that Federal agency. (e) Pollution prevention, ecosystem protection and restoration, and climate change response plan \n(1) Adoption \n(A) In general \nThe Steering Committee shall adopt and publish a comprehensive pollution prevention, ecosystem protection and restoration, and climate change response plan for Lake Champlain that protects and benefits the water quality, fisheries, wetlands, wildlife, and cultural resources of Lake Champlain and within the Lake Champlain basin. (B) Inclusions \nThe Plan shall include strategies to advance clean water, healthy ecosystems, thriving communities, and an informed and involved public in the Lake Champlain Basin with respect to Lake Champlain. (C) Revision \n(i) In general \nThe Steering Committee shall update and readopt the Plan not less frequently than once every 10 years, but may update and readopt the Plan more frequently as necessary to implement the Program. (ii) Goal \nThe Steering Committee shall have the goal of updating and readopting the Plan every 5 years. (iii) Effect \nA Plan adopted by the Steering Committee shall remain in effect until readopted by the Steering Committee pursuant to clause (i). (2) Use of plan \nThe Plan shall guide the work of the Program. (f) Grant assistance \n(1) Implementation grants \n(A) In general \nThe Administrator may, in consultation with the Steering Committee, make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies, institutions, and organizations for the purpose of implementing the Plan. (B) Federal share \n(i) In general \nSubject to clause (ii), the amount of a grant under subparagraph (A) shall not exceed 75 percent of the cost of the research, survey, study, or other work to be carried out using grant funds. (ii) Exception \n(I) In general \nThe Administrator may, on a case-by-case basis and in consultation with the Steering Committee, increase the Federal share under clause (i) to 85 percent of the costs described in that clause. (II) Requirement \nIn carrying out subclause (I), the Administrator shall be guided by policy adopted by the Steering Committee. (C) Requirements \nThe Administrator may establish such requirements for the administration of grants under subparagraph (A) as the Administrator determines to be appropriate. (2) Fiscal agent grants \n(A) In general \nThe Administrator may award grants to a qualified entity to serve as a fiscal agent for purposes of oversight of the Program. (B) Assessment \nThe Administrator and the Steering Committee shall— (i) as necessary but not less frequently than once every 10 years, assess the effectiveness of the fiscal agent for the purposes described in subparagraph (A); and (ii) if appropriate, select a new qualified entity through a competitive process to serve as a fiscal agent for the purposes described in that subparagraph. (C) No competitive process \n(i) Foundation \nIf the Foundation is established pursuant to subsection (d)(1) and is selected to serve as fiscal agent by the Administrator, the Administrator may award the grants under subparagraph (A) to the Foundation with no competitive process. (ii) Other entities \nIf a qualified entity is selected to serve as a fiscal agent through a competitive process pursuant to subparagraph (B)(ii), the Administrator may award grants under subparagraph (A) to the qualified entity with no competitive process. (g) Great Lakes Fishery Commission \n(1) In general \nThe Great Lakes Fishery Commission may undertake, fund, and support work on Lake Champlain, in the Lake Champlain Basin, and other areas within the Saint Lawrence River basin in Vermont, including through— (A) fisheries and aquatic ecosystem research, monitoring, restoration, and management; (B) sea lamprey control; (C) aquatic invasive species prevention and mitigation; (D) public engagement and education; and (E) other work to implement the Plan. (2) Authorization \nIn carrying out paragraph (1), the Great Lakes Fishery Commission may work with the Program, the Foundation, Federal and State agencies, institutions of higher education, nonprofit organizations, units of local government, and Canadian federal and Quebec provincial authorities. (h) Savings provisions \n(1) No effect on certain authority \nNothing in this section— (A) affects the jurisdiction or powers of— (i) any department or agency of the Federal Government or any State government; or (ii) except as provided in subsection (g), any international organization or entity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory; (B) provides new regulatory authority for the Environmental Protection Agency; or (C) affects section 304 of the Great Lakes Critical Programs Act of 1990 ( 33 U.S.C. 1270 note; Public Law 101–596 ). (2) No effect on obligations \nNothing in this section affects the obligations of Canada, the Province of Quebec, or any agencies or representatives of Canada or the Province of Quebec referenced in this section. (i) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Environmental Protection Agency to carry out the Program $50,000,000 for each of fiscal years 2023 through 2033. (2) Foundation \nIf the Foundation is established pursuant to subsection (d)(1), there is authorized to be appropriated for each fiscal year beginning with the fiscal year during which the Foundation is established through fiscal year 2033 for transfer to the Foundation— (A) $15,000,000 to the United States Fish and Wildlife Service; (B) $5,000,000 to the Natural Resources Conservation Service; and (C) $5,000,000 to the National Oceanic and Atmospheric Administration.", "id": "idE877E361D7594112ACBED0A4289E004A", "header": "Lake Champlain Basin Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Business Wildfire Smoke Recovery Act.", "id": "S1", "header": "Short title" }, { "text": "2. Definition of disaster \nSection 3(k)(2) of the Small Business Act ( 15 U.S.C. 632(k)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) smoke..", "id": "id37EB86243B0F46C3B63E7989ECF9C216", "header": "Definition of disaster" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Renewing Immigration Provisions of the Immigration Act of 1929.", "id": "HE20EC04FE4C64BC4915348A5F194C587", "header": "Short title" }, { "text": "2. Registry \n(a) In general \nSection 249 of the Immigration and Nationality Act ( 8 U.S.C. 1259 ) is amended— (1) in the section header, by striking entered the united states prior to july 1, 1924 or january 1, 1972 ; and inserting are long-term residents of the united states ; and (2) by amending subsection (a) to read as follows: (a) entered the United States at least 7 years before the application date;. (b) Effective date \nThe amendments made by this section shall take effect 60 days after the date of the enactment of this Act.", "id": "HDA6ED359A88640228951D5DFC7FEE102", "header": "Registry" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Health Emergencies And Temperature-related Illness and Deaths Act of 2021 or the Preventing HEAT Illness and Deaths Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Environmental justice community \nThe term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (2) Extreme heat \nThe term extreme heat means heat that exceeds local climatological norms in terms of any combination of the following: (A) Duration. (B) Intensity. (C) Season length. (D) Frequency. (3) Heat \nThe term heat means any combination of the parameters associated with modulating human thermal regulation, such as air temperature, humidity, solar exposure, and wind speed. (4) Heat event \nThe term heat event means an occurrence of extreme heat that may have heat-health implications. (5) Heat-health \nThe term heat-health means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. (6) Planning \nThe term planning means activities performed across timescales (including days, weeks, months, years, and decades) with scenario-based, probabilistic or deterministic information to identify and take actions to proactively mitigate heat-health risks from increased frequency, duration, and intensity of heat waves and increased ambient temperature. (7) Preparedness \nThe term preparedness means activities performed across timescales (including days, weeks, months, years, and decades) with probabilistic or deterministic information to manage risk in advance of a heat event and increased ambient temperature. (8) Urban heat island \nThe term urban heat island means the phenomenon observed in urbanized areas in which heat is more extreme than in the surrounding exurban areas and heat is heterogeneously distributed within urbanized areas, due to factors including— (A) low albedo and impervious surfaces; (B) low vegetation coverage; and (C) waste heat produced in urban areas.", "id": "id1780d30de31d47e29a57c17dd1581f8a", "header": "Definitions" }, { "text": "3. Findings \nCongress makes the following findings: (1) Extreme heat events have been the leading cause of weather-related death in the United States over the last 30 years, according to the Centers for Disease Control and Prevention and the National Weather Service. (2) The fourth National Climate Assessment, mandated by the Global Change Research Act of 1990 ( 15 U.S.C. 2921 et seq. ), finds that during the next few decades, annual average temperature over the contiguous United States is projected to increase by a further 2.2°F relative to current temperatures, regardless of future scenarios. The National Climate Assessment projects that the frequency and intensity of extreme heat events will increase in the future as global temperature increases. (3) Exposure to extreme heat can cause acute heat-related illnesses, such as heat stroke, which already result in more than 65,000 emergency room visits each year and exacerbate respiratory and cardiovascular illnesses. (4) Heat poses the greatest health risks for adults older than 65 years of age, pregnant people, young children, low-income communities, urban communities, communities with low air conditioning prevalence, socially isolated individuals, people with mental or physical disabilities, people with underlying medical conditions, agricultural or other outdoor workers, workers without sufficient access to cooling, athletes, incarcerated individuals, people experiencing homelessness, and military personnel. (5) Increasingly common environmental exposures exacerbated by climate change, such as extreme heat, are significantly associated with serious adverse pregnancy outcomes across the United States. Those adverse pregnancy outcomes disproportionately impact Black mothers. (6) Heat exposure is an issue of environmental justice, as people living in low-income communities, communities of color, and Tribal communities face a number of interacting factors that render them more vulnerable to extreme heat. (7) The impacts of heat on human health are more severe in urban areas where land surface properties create an urban heat island, particularly in neighborhoods with limited availability of or access to green spaces, shade, and tree cover, higher density of building structures, and more vehicular traffic. (8) Limited availability of tree cover and higher temperatures are correlated with low-income neighborhoods in urban areas. In Richmond, Virginia, Baltimore, Maryland, and Washington, D.C., researchers found that heat risk is disproportionately distributed to communities of color in patterns associated with segregation and redlining. (9) Researchers have found that few communities in the United States have sufficient climate and health information, guidance, and resources for heat planning, preparedness, and response. (10) The risks associated with extreme heat have complex interactions and impacts, and the management of those risks requires a transdisciplinary approach. (11) Regions, communities, and populations that face the greatest health consequences of extreme heat often may experience the lowest heat risk perceptions, have limited incentives, or have access to the fewest resources for responding to extreme heat, and as such, may be less likely to take precautions. (12) Research on the impacts of extreme heat on human health and the effectiveness of solutions under varying climate, social, and other contexts is stymied by a lack of access to reliable, timely health observations and surveillance due to proprietary data rights, expense, privacy and security concerns, inconsistent reporting of health outcomes and contributory factors, poor data integration and interoperability, few incentives and little systematic coordination to address those problems, and a lack of adequate climate observation, modeling, and assessment in urban, indoor, and occupational settings. (13) Integrated climate and health research and information, when developed in a collaborative, transdisciplinary manner, can inform long- and medium-range scenario-based planning and decision making to protect vulnerable communities and populations from extreme heat, reduce exposure to extreme heat, and address factors that increase vulnerability. (14) Heat action plans and early warning systems can reduce heat-related morbidity and mortality by clearly identifying roles and responsibilities as well as evidence-based actions and thresholds to enhance preparedness, and by promoting behavior changes and actions taken by local governments, communities, and individuals through awareness and increased risk perception among those most vulnerable to the health impacts of heat.", "id": "id89a8bad135954d04b1125f2d153e7f66", "header": "Findings" }, { "text": "4. National Integrated Heat Health Information System Interagency Committee \n(a) Establishment of committee \nThere is established within the Office of Science and Technology Policy an interagency committee, to be known as the National Integrated Heat Health Information System Interagency Committee (in this section referred to as the Committee ). (b) Purpose \nThe Committee shall coordinate, plan, and direct agencies represented on the Committee to execute, as appropriate, activities across such agencies to ensure the National Integrated Heat Health Information System Program established by section 5 provides a united Federal approach to reducing health risks from heat across timescales (including days, weeks, months, years, and decades). (c) Membership \n(1) In general \nIn order to carry out and achieve the purpose described in subsection (b), the Committee shall include the following: (A) The Director of the National Integrated Heat Health Information System Program. (B) Not fewer than 1 representative from each of the following: (i) From the Department of Commerce, the following: (I) From the National Oceanic and Atmospheric Administration, the following: (aa) The National Weather Service. (bb) The Office of Oceanic and Atmospheric Research, including the Climate Program Office. (II) The National Institute of Standards and Technology. (III) The Bureau of the Census. (ii) From the Department of Health and Human Services, the following: (I) The Centers for Disease Control and Prevention, including the National Institute for Occupational Safety and Health. (II) The Office of the Assistant Secretary of Health and Human Services for Preparedness and Response. (III) The Substance Abuse and Mental Health Services Administration. (IV) The National Institutes of Health. (iii) From the Department of the Interior, the following: (I) The Bureau of Indian Affairs. (II) The Bureau of Land Management. (iv) From the Environmental Protection Agency, the following: (I) The Office of Environmental Justice. (II) The Office of Air and Radiation, if the Administrator of the Environmental Protection Agency determines appropriate. (III) The Office of Research and Development, if the Administrator determines appropriate. (v) The Federal Emergency Management Agency. (vi) The Department of Defense. (vii) The Occupational Safety and Health Administration. (viii) The Department of Agriculture. (ix) The Department of Housing and Urban Development. (x) The Department of Transportation. (xi) The Department of Energy. (xii) Such other Federal agencies as the Director of the Office of Science and Technology Policy considers appropriate. (2) Selection of representatives \nThe head of an agency specified in paragraph (1)(B) shall, in appointing representatives of the agency to the Committee, select representatives who have expertise in areas relevant to the responsibilities of the Committee, such as weather and climate prediction, health impacts, environmental justice, behavioral science, public health hazard preparedness and response, or mental health services. (3) Co-chairs \n(A) In general \nThe members of the Committee shall select 2 individuals from among such members to serve as co-chairs of the Committee, subject to the approval of the Director of the Office of Science and Technology Policy. (B) Selection \n(i) Initial selection \nOf the co-chairs first selected, one co-chair shall be from the National Oceanic and Atmospheric Administration and one co-chair shall be from the Centers for Disease Control and Prevention. (ii) Subsequent selection \nSubsequent co-chairs shall be selected from among the members of the Committee. (C) Terms \nEach co-chair shall serve for a term of not more than 5 years. (D) Responsibilities of co-chairs \nThe co-chairs of the Committee shall— (i) determine the agenda of the Committee, in consultation with other members of the Committee; (ii) direct the work of the Committee; (iii) convene meetings of the Committee not less frequently than once each fiscal quarter; and (iv) if necessary, establish a coordination office for the Committee within the National Oceanic and Atmospheric Administration. (d) Responsibilities of committee \nThe Committee shall promote an integrated, Federal Government-wide approach to reducing health risks and impacts of heat, including by— (1) developing the strategic plan required by subsection (e); (2) overseeing the study required by section 6(a)(1); (3) coordinating across Federal agencies on heat-health communication, research, service delivery, and workforce development; (4) building capacity and partnerships with Federal and non-Federal entities; and (5) annually preparing a budget for the financial assistance program under section 7 specifying how funds will be awarded by the Director of the National Integrated Heat Health Information System Program in alignment with the strategic plan required by subsection (e)(1) and in coordination with the climate and health research grant program under section 5(d)(2). (e) Strategic plan \n(1) In general \nNot later than 2 years after the date of the enactment of this Act, the Committee shall submit to Congress a 5-year integrated strategic plan that outlines the goals and projects of the Committee, including how the Committee will— (A) improve coordination and integration of interagency Federal actions to address health risks of heat; (B) conduct the study required by section 6(a)(1); and (C) oversee the program for providing financial assistance under section 7. (2) Updates \nNot later than 5 years after the submission of the strategic plan required by paragraph (1), and every 5 years thereafter, the Committee shall submit to Congress an update of the plan, which shall include progress made toward goals outlined in the plan and new priorities that emerge. (3) Public availability \nThe Committee shall make the strategic plan required by paragraph (1) and updates to the plan required by paragraph (2) available to the public on an internet website of the National Oceanic and Atmospheric Administration, with clear visuals indicating progress toward goals. (f) Administrative support \nThe Administrator of the National Oceanic and Atmospheric Administration shall provide technical and administrative support to the Committee, using amounts authorized to be appropriated to the Administration. (g) Consultation \nIn carrying out the responsibilities of the Committee, the Committee shall consult with relevant regional, State, Tribal, and local government agencies, international organizations and partners, research institutions, nongovernmental organizations and associations, and medical experts with expertise in emergency response, environmental health, economic or business development, or community engagement.", "id": "iddf7363fe65154c8b80e52e4d47153293", "header": "National Integrated Heat Health Information System Interagency Committee" }, { "text": "5. National Integrated Heat Health Information System Program of the National Oceanic and Atmospheric Administration \n(a) Establishment \nThere is established within the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration a program, to be known as the National Integrated Heat Health Information System Program. (b) Purpose \nThe purpose of the program established by subsection (a) is to improve the capacity of the United States to plan, prepare for, adapt to, and mitigate health risks of extreme heat across multiple timescales. (c) Director \nThe Program shall be headed by a Director. (d) Responsibilities \nIn carrying out the purpose described in subsection (b), the Director shall carry out the following responsibilities: (1) Implementation plan \n(A) In general \nThe Director shall implement the strategic plan required by section 4(e)(1) by developing and implementing a multi-year implementation plan. (B) Elements \nIn developing and implementing the implementation plan under subparagraph (A), the Director shall focus on the following: (i) Developing and sustaining robust relationships with climate, public health, environmental justice, and other Federal and non-Federal partners and decisionmakers— (I) to respond to the demand for actionable information that reduces health risks on multiple timescales; and (II) to develop and deliver timely and accessible decision support services, tools, and information to inform planning, preparedness, and risk-reducing actions across timescales. (ii) Coordinating and collaborating with the international community and global partners to conduct research and learn from, leverage, and contribute to global knowledge. (iii) Enhancing observations, surveillance, and monitoring necessary for the activities described in clauses (i) and (ii). (iv) Communicating, educating, and building awareness and capacity to address heat risk across communities, sectors, and timescales. (v) Implementing and executing the grant program under paragraph (2) and the financial assistance program under section (7). (vi) Conducting the study required by section 6(a)(1). (2) Grant program \nThe Director shall develop and implement a climate and health research grant program, in coordination with the financial assistance program under section 7 and other Federal programs— (A) to improve understanding of— (i) the climate epidemiology and social drivers of heat-health vulnerability and risk; (ii) the drivers of climate variability, predictability, and changes in extreme heat; and (iii) the impacts of extreme heat and compound hazards across timescales; (B) to investigate and evaluate the effectiveness of risk management actions, interventions, policies, standards, codes, and guidelines; and (C) to address other topics as appropriate, including topics outlined in the strategic plan required by section 4(e)(1) and relevant to the study required by section 6(a)(1) and the financial assistance program under section 7. (3) Additional activities \nThe Director shall carry out such other activities as the Committee considers appropriate.", "id": "idc06d3503663744fab20ac8b74a5d0fa5", "header": "National Integrated Heat Health Information System Program of the National Oceanic and Atmospheric Administration" }, { "text": "6. Study on extreme heat information and response \n(a) Study \n(1) In general \nNot later than 2 years after the date of the enactment of this Act, the Director of the National Integrated Heat Health Information System Program shall, in consultation with the entities described in section 4(g), complete a study on extreme heat information and response. (2) Oversight \nThe National Integrated Heat Health Information System Interagency Committee shall oversee the study required by paragraph (1). (3) Elements \nThe study required by paragraph (1) shall— (A) identify policy and research gaps, which may include— (i) regions of the United States with the largest gaps between awareness, preparedness, and capacity to address extreme heat; and (ii) heat-related gaps in data, such as— (I) the number of schools, prisons, and other public facilities that lack air conditioning; and (II) the demographic breakdown of people affected by heat events, including by race, age, gender, occupation, and income; (B) provide recommendations for addressing gaps with respect to policy, research, operations, communications, and data, including the gaps identified under subparagraph (A), affecting heat-health planning, preparedness, response, resilience, adaptation, and environmental justice and equity; (C) provide such other recommendations as the Director considers appropriate, which may include strategies for— (i) communicating warnings to and promoting resilience of populations vulnerable to extreme heat; (ii) effectively distributing extreme heat warnings, including to individuals with limited English proficiency and individuals who are socially isolated or have other established barriers to such information; (iii) designing warnings described in clause (ii) to convey the urgency and severity of heat events and achieve behavior changes that reduce the mortality and morbidity of extreme heat effects, without creating warning fatigue or confusion with other types of weather disaster warnings; (iv) understanding compound and cascading risks, and implementing alternative heat-health risk reduction interventions to manage those risks collectively, such as reducing risk of the transmission of infectious diseases during heat waves by creating outdoor cooling locations or increasing ventilation and filtration in indoor cooling centers; (v) promoting community resilience to heat events and incorporating principles of environmental justice in community response to heat waves; (vi) addressing the impacts of extreme heat on energy cost and availability; and (vii) establishing labor and other standards for workers and heat; and (D) consider such other subjects as the Committee considers appropriate, which may include— (i) the feasibility of enhancing existing nationwide data collection on heat-related illnesses and mortalities to improve and ensure consistent collection of national-level heat illness data across all 50 States, territories, and local jurisdictions of the United States; (ii) mechanisms for financing heat preparedness; and (iii) the effectiveness of county- or local-level heat awareness and communication tools, preparedness plans, or mitigation. (4) Development of definitions \nIn conducting the study required by paragraph (1), the Director shall work with heat and health experts to identify consistent and agreed upon definitions for heat events, heat waves, and other relevant terms. (b) Report \nNot later than 90 days after completing the study required by subsection (a)(1), the Committee shall— (1) make available to the public on an internet website of the National Oceanic and Atmospheric Administration a report on the findings and conclusions of the study; and (2) submit the report to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives.", "id": "id72122d03b19745c8a6fb918934611b0b", "header": "Study on extreme heat information and response" }, { "text": "7. Financial assistance for resilience in addressing extreme heat and health risks \n(a) In general \n(1) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Director of the National Integrated Heat Health Information System Program may, in coordination with the National Integrated Heat Health Information System Interagency Committee, establish and administer a community heat resilience program to provide financial assistance to eligible entities to carry out projects described in subsection (e) to ameliorate human health impacts of extreme heat events. (2) Revision \nUpon completion of the strategic plan required by section 4(e)(1), the Committee may revise the community heat resilience program to ensure the program aligns with the strategic plan and is administered in accordance with the plan. (b) Purpose \nThe purpose of the financial assistance provided under this section is to improve community resilience to heat and heat-health impacts and further scientific research to address adaptation gaps and priorities. (c) Forms of assistance \nFinancial assistance provided under this section may be in the form of contracts, grants, or cooperative agreements. (d) Eligible entities \nEntities eligible to receive financial assistance under this section to carry out projects described in subsection (e) include— (1) nonprofit entities; (2) States; (3) Tribes; (4) local governments; and (5) such other entities as the Director determines to be eligible. (e) Eligible projects \nProjects described in this subsection include the following: (1) Projects for cool roofs, cool pavements, urban forestry or tree plantings and maintenance, the provision of shade, cooling centers, retrofitting buildings for cooling, and acquisitions or upgrades of filtration systems or high-efficiency air conditioning systems. (2) Training programs to support the development and integration of education and training programs for identifying and addressing risks associated with climate change for vulnerable individuals. (3) Projects— (A) to expand public awareness of heat risks; (B) to communicate risks and warnings to geographically, socially, and linguistically isolated communities; (C) to educate such communities about how to respond to extreme heat events; and (D) to further scientific research regarding extreme heat events. (4) Other projects that the Director determines will achieve a significant reduction in heat exposure or increased resilience to extreme heat events. (f) Priorities \nIn selecting eligible entities to receive financial assistance under this section, the Director shall prioritize entities that will carry out projects that provide benefits for historically disadvantaged communities and communities with significant heat disparities associated with race, ethnicity, or income. (g) Distribution of assistance \n(1) Environmental justice and low-income communities \nNot less than 40 percent of the amount of financial assistance provided under this section in any fiscal year shall be provided to eligible entities to implement projects described in subsection (e) in environmental justice communities or low-income communities. (2) Equitable distribution \nThe Director shall seek to equitably distribute financial assistance provided under this section based on geographic location or such other factors as the Director determines appropriate. (h) Matching requirement \n(1) In general \nAn entity that receives financial assistance to carry out a project under this section shall contribute, from non-Federal sources, funds for the project in such amount as the Director determines appropriate. (2) Waiver \nThe Director may waive the requirement under paragraph (1) for an entity if the Director determines that the entity does not have adequate resources to meet the requirement. (i) Reports \nThe Committee shall require the Director to submit to the Committee, on an annual basis, a report on actions, outcomes, research needs, and data gaps under this section.", "id": "id1be0f4743e934fa9b30d1e2b48811d29", "header": "Financial assistance for resilience in addressing extreme heat and health risks" }, { "text": "8. Authorization of appropriations \n(a) National Integrated Heat Health Information System Interagency Committee; National Integrated Heat Health Information System Program; study on extreme heat information and response \nThere are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out sections 4, 5, and 6, including for any administrative costs for the National Integrated Heat Health Information System Interagency Committee and the National Integrated Heat Health Information System Program, the following: (1) For fiscal year 2022, $20,000,000. (2) For fiscal year 2023, $20,000,000. (3) For fiscal year 2024, $20,000,000. (4) For fiscal year 2025, $20,000,000. (5) For fiscal year 2026, $20,000,000. (b) Financial assistance for resilience in addressing extreme heat and health risks \nThere are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out section 7 the following: (1) For fiscal year 2022, $10,000,000. (2) For fiscal year 2023, $10,000,000. (3) For fiscal year 2024, $20,000,000. (4) For fiscal year 2025, $30,000,000. (5) For fiscal year 2026, $30,000,000.", "id": "id44F14CC1F2C8495980120DDF14635437", "header": "Authorization of appropriations" }, { "text": "1. Short title \nThis Act may be cited as the Preventing Health Emergencies And Temperature-related Illness and Deaths Act of 2021 or the Preventing HEAT Illness and Deaths Act of 2021.", "id": "id01283107-684b-4692-8728-e92138ec5b28", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Extreme heat \nThe term extreme heat means heat that substantially exceeds local climatological norms in terms of any combination of the following: (A) Duration of an individual heat event. (B) Intensity. (C) Season length. (D) Frequency. (2) Heat \nThe term heat means any combination of the atmospheric parameters associated with modulating human thermal regulation, such as air temperature, humidity, solar exposure, and wind speed. (3) Heat event \nThe term heat event means an occurrence of extreme heat that may have heat-health implications. (4) Heat-health \nThe term heat-health means health effects to humans from heat or the risk of such effects. (5) Planning \nThe term planning means activities performed across timescales (including days, weeks, months, years, and decades) with scenario-based, probabilistic or deterministic information to identify and take actions to proactively mitigate heat-health risks from increased frequency, duration, and intensity of heat waves and increased ambient temperature. (6) Preparedness \nThe term preparedness means activities performed across timescales (including days, weeks, months, years, and decades) with probabilistic or deterministic information to manage risk in advance of a heat event and increased ambient temperature. (7) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (8) Vulnerable populations \nThe term vulnerable populations means populations that face health, financial, educational, or housing disparities that would render them more susceptible to the negative impacts of extreme heat.", "id": "id028739e7-6270-4a93-a8e2-3760c3944491", "header": "Definitions" }, { "text": "3. National Integrated Heat Health Information System Interagency Committee \n(a) Establishment of Committee \nThere is established within the Office of Science and Technology Policy an interagency committee, to be known as the National Integrated Heat Health Information System Interagency Committee (in this section referred to as the Committee ). (b) Purpose \nThe Committee shall coordinate, plan, and direct agencies represented on the Committee to execute, as appropriate, activities across such agencies to ensure a united Federal approach to reducing health risks from heat across timescales (including days, weeks, months, years, and decades). (c) Membership \n(1) In general \nIn order to carry out and achieve the purpose described in subsection (b), the Committee shall include the following: (A) The Director of the National Integrated Heat Health Information System. (B) Not fewer than 1 representative from each of the following: (i) From the Department of Commerce, the following: (I) From the National Oceanic and Atmospheric Administration, the following: (aa) The National Weather Service. (bb) The Climate Program Office of the Office of Oceanic and Atmospheric Research. (II) The National Institute of Standards and Technology. (III) The Bureau of the Census. (ii) From the Department of Health and Human Services, the following: (I) The National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention. (II) The Office of the Assistant Secretary of Health and Human Services for Preparedness and Response. (III) The Substance Abuse and Mental Health Services Administration. (IV) The National Institutes of Health. (V) The Indian Health Service. (iii) From the Department of the Interior, the following: (I) The Bureau of Indian Affairs. (II) The Bureau of Land Management. (iv) From the Environmental Protection Agency, the following: (I) The Office of Environmental Justice. (II) The Office of Air and Radiation, if the Administrator of the Environmental Protection Agency determines appropriate. (III) The Office of Research and Development, if the Administrator determines appropriate. (v) The Federal Emergency Management Agency. (vi) The Department of Defense. (vii) The Occupational Safety and Health Administration. (viii) The Department of Agriculture. (ix) The Department of Housing and Urban Development. (x) The Department of Transportation. (xi) The Department of Energy. (xii) The National Aeronautics and Space Administration. (xiii) Such other Federal agencies as the Director of the Office of Science and Technology Policy considers appropriate. (2) Selection of representatives \nThe head of an agency specified in paragraph (1)(B) shall, in appointing representatives of the agency to the Committee, select representatives who have expertise in areas relevant to the responsibilities of the Committee. (3) Co-chairs \n(A) In general \nThe members of the Committee shall select 2 individuals from among such members to serve as co-chairs of the Committee, subject to the approval of the Director of the Office of Science and Technology Policy. (B) Selection \n(i) Initial selection \nOf the co-chairs first selected, one co-chair shall be from the National Oceanic and Atmospheric Administration and one co-chair shall be from the Centers for Disease Control and Prevention. (ii) Subsequent selection \nSubsequent co-chairs shall be selected from among the members of the Committee. (C) Terms \nEach co-chair shall serve for a term of not more than 3 years. (D) Responsibilities of co-chairs \nThe co-chairs of the Committee shall— (i) determine the agenda of the Committee, in consultation with other members of the Committee; (ii) direct the work of the Committee; and (iii) convene meetings of the Committee not less frequently than once each fiscal quarter. (d) Responsibilities of committee \nThe Committee shall promote an integrated, Federal Government-wide approach to reducing health risks and impacts of heat, including by— (1) developing the strategic plan required by subsection (e); (2) coordinating across Federal agencies on heat-health communication, research, service delivery, and workforce development; and (3) building capacity and partnerships with Federal and non-Federal entities. (e) Strategic plan \n(1) In general \nNot later than 2 years after the date of the enactment of this Act, the Committee shall submit to Congress and make available on a public website a 5-year integrated strategic plan that outlines the goals and projects of the Committee, including how the Committee will improve coordination and integration of interagency Federal actions to address health risks of heat, including— (A) a strategy for improving and coordinating existing Federal data collection and sharing on heat-related illnesses and mortalities to inform Federal heat-related activities; and (B) mechanisms for financing heat preparedness within such agencies as the Committee considers appropriate. (2) Implementation plans \nThe head of an agency represented on the Committee may implement the portions of the strategic plan required by paragraph (1) that are relevant to that agency by developing and implementing a multi-year implementation plan. (3) Updates \nNot later than 5 years after the submission of the strategic plan required by paragraph (1), and every 5 years thereafter until 2042, the Committee shall submit to Congress an update of the plan, which shall include progress made toward goals outlined in the plan and new priorities that emerge. (f) Consultation \nIn carrying out the responsibilities of the Committee, the Committee shall consult with relevant regional, State, Tribal, and local governments, international organizations and partners, research institutions, nongovernmental organizations and associations, and medical experts with expertise in emergency response, environmental health, economic or business development, or community engagement.", "id": "id2d878431-8ce5-48cd-b72d-8cdf60ca697a", "header": "National Integrated Heat Health Information System Interagency Committee" }, { "text": "4. National Integrated Heat Health Information System \n(a) Establishment \nThe Under Secretary of Commerce for Oceans and Atmosphere shall establish within the National Oceanic and Atmospheric Administration a system, to be known as the National Integrated Heat Health Information System (NIHHIS) (in this section referred to as the System ). (b) Purpose \nThe purpose of the System is— (1) to improve the capacity of weather, subseasonal, and seasonal forecasts for the United States to allow the Federal Government and stakeholders to plan, prepare for, adapt to, and mitigate risks of extreme heat across multiple timescales; and (2) to facilitate the work of the National Integrated Heat Health Information System Interagency Committee. (c) Director \nThe System shall be headed by a Director. (d) Responsibilities \nIn carrying out the purpose described in subsection (b), the Director shall— (1) develop and sustain robust relationships with Federal and non-Federal partners and decisionmakers— (A) to respond to the demand for actionable weather- and climate-related information that reduces health risks on multiple timescales; and (B) to develop and deliver timely and accessible weather- and climate-related decision support services, tools, and information to inform planning, preparedness, and risk-reducing actions across timescales; (2) coordinate and collaborate with the international community and global partners to conduct research and learn from, leverage, and contribute to global weather and climate knowledge as it pertains to extreme heat; (3) enhance observations and monitoring necessary for the activities described in paragraphs (1) and (2); and (4) communicate, educate, and build awareness regarding extreme heat events to communities, educational and economic sectors, Tribal governments, and other relevant stakeholders.", "id": "id7d9abda0-f136-43dd-9957-e4edb141cedf", "header": "National Integrated Heat Health Information System" }, { "text": "5. Study on extreme heat information and response \n(a) Study \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the National Integrated Heat Health Information System Interagency Committee and the entities described in section 3(f), shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine to conduct a study on extreme heat information and response, to be completed not later than 2 years after the date of the enactment of this Act. (2) Elements \nThe study described in paragraph (1) shall— (A) identify the policy, research, operations, communications, and data gaps affecting heat-health planning, preparedness, response, resilience, and adaptation, and impacts to vulnerable populations; (B) provide recommendations for addressing gaps identified under subparagraph (A); (C) provide recommendations, in addition to the recommendations provided under subparagraph (B), which may include strategies for— (i) communicating warnings to and promoting resilience of populations vulnerable to extreme heat; (ii) distributing extreme heat warnings, including to individuals with limited English proficiency and individuals who may have other established barriers to such information; (iii) designing warnings described in clause (ii) to convey the urgency and severity of heat events and achieve behavior changes that reduce the mortality and morbidity of extreme heat effects; (iv) understanding compound and cascading risks to inform development and implementation of heat-health risk reduction interventions; and (v) promoting community resilience and addressing specific decision support service needs of vulnerable populations; and (D) consider the effectiveness of country- or local-level heat awareness and communication tools, preparedness plans, or mitigation. (3) Development of definitions \nIn conducting the study described in paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall work with heat and health experts to identify consistent and agreed upon definitions for heat events, heat waves, and other relevant terms. (b) Report \nNot later than 90 days after completion of the study described in subsection (a)(1), the Committee shall— (1) make available to the public on an internet website of the National Oceanic and Atmospheric Administration a report on the findings and conclusions of the study; and (2) submit the report to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives.", "id": "id6ee6dd7f-65a1-4752-b588-38a4f46d7831", "header": "Study on extreme heat information and response" }, { "text": "6. Financial assistance for research and resilience in addressing extreme heat risks \n(a) Establishment of program \nSubject to the availability of appropriations, not later than 1 year after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall establish and administer a community heat resilience program to provide financial assistance to eligible entities to carry out projects described in subsection (e) to ameliorate human health impacts of extreme heat events. (b) Purpose \nThe purpose of the financial assistance provided under this section is to further scientific research regarding extreme heat and fund efforts to educate communities about extreme heat. (c) Forms of assistance \nFinancial assistance provided under this section may be in the form of contracts, grants, or cooperative agreements. (d) Eligible entities \nEntities eligible to receive financial assistance under this section to carry out projects described in subsection (e) include— (1) nonprofit entities; (2) States; (3) Tribal governments; (4) local governments; and (5) academic institutions. (e) Eligible projects \nProjects described in this subsection include projects— (1) to expand public awareness of heat risks; (2) to conduct heat mapping campaigns; (3) to conduct scientific research to assess gaps and priorities regarding the risks of extreme heat in communities; (4) to communicate risks to isolated communities; and (5) to educate such communities about how to respond to extreme heat events. (f) Priorities \nIn selecting eligible entities to receive financial assistance under this section, the Under Secretary of Commerce for Oceans and Atmosphere shall prioritize entities that will carry out projects that provide benefits for historically disadvantaged communities and communities found to have the greatest risk or highest incidence of heat-related illnesses and mortalities.", "id": "id00eea435139743598fc2ae5732eef6f6", "header": "Financial assistance for research and resilience in addressing extreme heat risks" }, { "text": "7. Authorization of appropriations \n(a) National Integrated Heat Health Information System Interagency Committee; National Integrated Heat Health Information System \nThere is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out sections 3 and 4, including for any administrative costs for the National Integrated Heat Health Information System Interagency Committee and the National Integrated Heat Health Information System, $5,000,000 for each of fiscal years 2023 through 2027. (b) Study on extreme heat information and response \nThere is authorized to be appropriated to the National Oceanic and Atmospheric Administration to contract with the National Academies of Science, Engineering, and Medicine to carry out section 5 $500,000 for each of fiscal years 2023 through 2025. (c) Financial assistance to address extreme heat \nThere is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out section 6 $1,500,000 for each of fiscal years 2023 through 2027.", "id": "idc5a64c27d43a494a9f640e6d38eeb528", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Preventing Health Emergencies And Temperature-related Illness and Deaths Act of 2021 or the Preventing HEAT Illness and Deaths Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Environmental justice community \nThe term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (2) Extreme heat \nThe term extreme heat means heat that exceeds local climatological norms in terms of any combination of the following: (A) Duration. (B) Intensity. (C) Season length. (D) Frequency. (3) Heat \nThe term heat means any combination of the parameters associated with modulating human thermal regulation, such as air temperature, humidity, solar exposure, and wind speed. (4) Heat event \nThe term heat event means an occurrence of extreme heat that may have heat-health implications. (5) Heat-health \nThe term heat-health means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. (6) Planning \nThe term planning means activities performed across timescales (including days, weeks, months, years, and decades) with scenario-based, probabilistic or deterministic information to identify and take actions to proactively mitigate heat-health risks from increased frequency, duration, and intensity of heat waves and increased ambient temperature. (7) Preparedness \nThe term preparedness means activities performed across timescales (including days, weeks, months, years, and decades) with probabilistic or deterministic information to manage risk in advance of a heat event and increased ambient temperature. (8) Urban heat island \nThe term urban heat island means the phenomenon observed in urbanized areas in which heat is more extreme than in the surrounding exurban areas and heat is heterogeneously distributed within urbanized areas, due to factors including— (A) low albedo and impervious surfaces; (B) low vegetation coverage; and (C) waste heat produced in urban areas.", "id": "id1780d30de31d47e29a57c17dd1581f8a", "header": "Definitions" }, { "text": "3. Findings \nCongress makes the following findings: (1) Extreme heat events have been the leading cause of weather-related death in the United States over the last 30 years, according to the Centers for Disease Control and Prevention and the National Weather Service. (2) The fourth National Climate Assessment, mandated by the Global Change Research Act of 1990 ( 15 U.S.C. 2921 et seq. ), finds that during the next few decades, annual average temperature over the contiguous United States is projected to increase by a further 2.2°F relative to current temperatures, regardless of future scenarios. The National Climate Assessment projects that the frequency and intensity of extreme heat events will increase in the future as global temperature increases. (3) Exposure to extreme heat can cause acute heat-related illnesses, such as heat stroke, which already result in more than 65,000 emergency room visits each year and exacerbate respiratory and cardiovascular illnesses. (4) Heat poses the greatest health risks for adults older than 65 years of age, pregnant people, young children, low-income communities, urban communities, communities with low air conditioning prevalence, socially isolated individuals, people with mental or physical disabilities, people with underlying medical conditions, agricultural or other outdoor workers, workers without sufficient access to cooling, athletes, incarcerated individuals, people experiencing homelessness, and military personnel. (5) Increasingly common environmental exposures exacerbated by climate change, such as extreme heat, are significantly associated with serious adverse pregnancy outcomes across the United States. Those adverse pregnancy outcomes disproportionately impact Black mothers. (6) Heat exposure is an issue of environmental justice, as people living in low-income communities, communities of color, and Tribal communities face a number of interacting factors that render them more vulnerable to extreme heat. (7) The impacts of heat on human health are more severe in urban areas where land surface properties create an urban heat island, particularly in neighborhoods with limited availability of or access to green spaces, shade, and tree cover, higher density of building structures, and more vehicular traffic. (8) Limited availability of tree cover and higher temperatures are correlated with low-income neighborhoods in urban areas. In Richmond, Virginia, Baltimore, Maryland, and Washington, D.C., researchers found that heat risk is disproportionately distributed to communities of color in patterns associated with segregation and redlining. (9) Researchers have found that few communities in the United States have sufficient climate and health information, guidance, and resources for heat planning, preparedness, and response. (10) The risks associated with extreme heat have complex interactions and impacts, and the management of those risks requires a transdisciplinary approach. (11) Regions, communities, and populations that face the greatest health consequences of extreme heat often may experience the lowest heat risk perceptions, have limited incentives, or have access to the fewest resources for responding to extreme heat, and as such, may be less likely to take precautions. (12) Research on the impacts of extreme heat on human health and the effectiveness of solutions under varying climate, social, and other contexts is stymied by a lack of access to reliable, timely health observations and surveillance due to proprietary data rights, expense, privacy and security concerns, inconsistent reporting of health outcomes and contributory factors, poor data integration and interoperability, few incentives and little systematic coordination to address those problems, and a lack of adequate climate observation, modeling, and assessment in urban, indoor, and occupational settings. (13) Integrated climate and health research and information, when developed in a collaborative, transdisciplinary manner, can inform long- and medium-range scenario-based planning and decision making to protect vulnerable communities and populations from extreme heat, reduce exposure to extreme heat, and address factors that increase vulnerability. (14) Heat action plans and early warning systems can reduce heat-related morbidity and mortality by clearly identifying roles and responsibilities as well as evidence-based actions and thresholds to enhance preparedness, and by promoting behavior changes and actions taken by local governments, communities, and individuals through awareness and increased risk perception among those most vulnerable to the health impacts of heat.", "id": "id89a8bad135954d04b1125f2d153e7f66", "header": "Findings" }, { "text": "4. National Integrated Heat Health Information System Interagency Committee \n(a) Establishment of committee \nThere is established within the Office of Science and Technology Policy an interagency committee, to be known as the National Integrated Heat Health Information System Interagency Committee (in this section referred to as the Committee ). (b) Purpose \nThe Committee shall coordinate, plan, and direct agencies represented on the Committee to execute, as appropriate, activities across such agencies to ensure the National Integrated Heat Health Information System Program established by section 5 provides a united Federal approach to reducing health risks from heat across timescales (including days, weeks, months, years, and decades). (c) Membership \n(1) In general \nIn order to carry out and achieve the purpose described in subsection (b), the Committee shall include the following: (A) The Director of the National Integrated Heat Health Information System Program. (B) Not fewer than 1 representative from each of the following: (i) From the Department of Commerce, the following: (I) From the National Oceanic and Atmospheric Administration, the following: (aa) The National Weather Service. (bb) The Office of Oceanic and Atmospheric Research, including the Climate Program Office. (II) The National Institute of Standards and Technology. (III) The Bureau of the Census. (ii) From the Department of Health and Human Services, the following: (I) The Centers for Disease Control and Prevention, including the National Institute for Occupational Safety and Health. (II) The Office of the Assistant Secretary of Health and Human Services for Preparedness and Response. (III) The Substance Abuse and Mental Health Services Administration. (IV) The National Institutes of Health. (iii) From the Department of the Interior, the following: (I) The Bureau of Indian Affairs. (II) The Bureau of Land Management. (iv) From the Environmental Protection Agency, the following: (I) The Office of Environmental Justice. (II) The Office of Air and Radiation, if the Administrator of the Environmental Protection Agency determines appropriate. (III) The Office of Research and Development, if the Administrator determines appropriate. (v) The Federal Emergency Management Agency. (vi) The Department of Defense. (vii) The Occupational Safety and Health Administration. (viii) The Department of Agriculture. (ix) The Department of Housing and Urban Development. (x) The Department of Transportation. (xi) The Department of Energy. (xii) Such other Federal agencies as the Director of the Office of Science and Technology Policy considers appropriate. (2) Selection of representatives \nThe head of an agency specified in paragraph (1)(B) shall, in appointing representatives of the agency to the Committee, select representatives who have expertise in areas relevant to the responsibilities of the Committee, such as weather and climate prediction, health impacts, environmental justice, behavioral science, public health hazard preparedness and response, or mental health services. (3) Co-chairs \n(A) In general \nThe members of the Committee shall select 2 individuals from among such members to serve as co-chairs of the Committee, subject to the approval of the Director of the Office of Science and Technology Policy. (B) Selection \n(i) Initial selection \nOf the co-chairs first selected, one co-chair shall be from the National Oceanic and Atmospheric Administration and one co-chair shall be from the Centers for Disease Control and Prevention. (ii) Subsequent selection \nSubsequent co-chairs shall be selected from among the members of the Committee. (C) Terms \nEach co-chair shall serve for a term of not more than 5 years. (D) Responsibilities of co-chairs \nThe co-chairs of the Committee shall— (i) determine the agenda of the Committee, in consultation with other members of the Committee; (ii) direct the work of the Committee; (iii) convene meetings of the Committee not less frequently than once each fiscal quarter; and (iv) if necessary, establish a coordination office for the Committee within the National Oceanic and Atmospheric Administration. (d) Responsibilities of committee \nThe Committee shall promote an integrated, Federal Government-wide approach to reducing health risks and impacts of heat, including by— (1) developing the strategic plan required by subsection (e); (2) overseeing the study required by section 6(a)(1); (3) coordinating across Federal agencies on heat-health communication, research, service delivery, and workforce development; (4) building capacity and partnerships with Federal and non-Federal entities; and (5) annually preparing a budget for the financial assistance program under section 7 specifying how funds will be awarded by the Director of the National Integrated Heat Health Information System Program in alignment with the strategic plan required by subsection (e)(1) and in coordination with the climate and health research grant program under section 5(d)(2). (e) Strategic plan \n(1) In general \nNot later than 2 years after the date of the enactment of this Act, the Committee shall submit to Congress a 5-year integrated strategic plan that outlines the goals and projects of the Committee, including how the Committee will— (A) improve coordination and integration of interagency Federal actions to address health risks of heat; (B) conduct the study required by section 6(a)(1); and (C) oversee the program for providing financial assistance under section 7. (2) Updates \nNot later than 5 years after the submission of the strategic plan required by paragraph (1), and every 5 years thereafter, the Committee shall submit to Congress an update of the plan, which shall include progress made toward goals outlined in the plan and new priorities that emerge. (3) Public availability \nThe Committee shall make the strategic plan required by paragraph (1) and updates to the plan required by paragraph (2) available to the public on an internet website of the National Oceanic and Atmospheric Administration, with clear visuals indicating progress toward goals. (f) Administrative support \nThe Administrator of the National Oceanic and Atmospheric Administration shall provide technical and administrative support to the Committee, using amounts authorized to be appropriated to the Administration. (g) Consultation \nIn carrying out the responsibilities of the Committee, the Committee shall consult with relevant regional, State, Tribal, and local government agencies, international organizations and partners, research institutions, nongovernmental organizations and associations, and medical experts with expertise in emergency response, environmental health, economic or business development, or community engagement.", "id": "iddf7363fe65154c8b80e52e4d47153293", "header": "National Integrated Heat Health Information System Interagency Committee" }, { "text": "5. National Integrated Heat Health Information System Program of the National Oceanic and Atmospheric Administration \n(a) Establishment \nThere is established within the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration a program, to be known as the National Integrated Heat Health Information System Program. (b) Purpose \nThe purpose of the program established by subsection (a) is to improve the capacity of the United States to plan, prepare for, adapt to, and mitigate health risks of extreme heat across multiple timescales. (c) Director \nThe Program shall be headed by a Director. (d) Responsibilities \nIn carrying out the purpose described in subsection (b), the Director shall carry out the following responsibilities: (1) Implementation plan \n(A) In general \nThe Director shall implement the strategic plan required by section 4(e)(1) by developing and implementing a multi-year implementation plan. (B) Elements \nIn developing and implementing the implementation plan under subparagraph (A), the Director shall focus on the following: (i) Developing and sustaining robust relationships with climate, public health, environmental justice, and other Federal and non-Federal partners and decisionmakers— (I) to respond to the demand for actionable information that reduces health risks on multiple timescales; and (II) to develop and deliver timely and accessible decision support services, tools, and information to inform planning, preparedness, and risk-reducing actions across timescales. (ii) Coordinating and collaborating with the international community and global partners to conduct research and learn from, leverage, and contribute to global knowledge. (iii) Enhancing observations, surveillance, and monitoring necessary for the activities described in clauses (i) and (ii). (iv) Communicating, educating, and building awareness and capacity to address heat risk across communities, sectors, and timescales. (v) Implementing and executing the grant program under paragraph (2) and the financial assistance program under section (7). (vi) Conducting the study required by section 6(a)(1). (2) Grant program \nThe Director shall develop and implement a climate and health research grant program, in coordination with the financial assistance program under section 7 and other Federal programs— (A) to improve understanding of— (i) the climate epidemiology and social drivers of heat-health vulnerability and risk; (ii) the drivers of climate variability, predictability, and changes in extreme heat; and (iii) the impacts of extreme heat and compound hazards across timescales; (B) to investigate and evaluate the effectiveness of risk management actions, interventions, policies, standards, codes, and guidelines; and (C) to address other topics as appropriate, including topics outlined in the strategic plan required by section 4(e)(1) and relevant to the study required by section 6(a)(1) and the financial assistance program under section 7. (3) Additional activities \nThe Director shall carry out such other activities as the Committee considers appropriate.", "id": "idc06d3503663744fab20ac8b74a5d0fa5", "header": "National Integrated Heat Health Information System Program of the National Oceanic and Atmospheric Administration" }, { "text": "6. Study on extreme heat information and response \n(a) Study \n(1) In general \nNot later than 2 years after the date of the enactment of this Act, the Director of the National Integrated Heat Health Information System Program shall, in consultation with the entities described in section 4(g), complete a study on extreme heat information and response. (2) Oversight \nThe National Integrated Heat Health Information System Interagency Committee shall oversee the study required by paragraph (1). (3) Elements \nThe study required by paragraph (1) shall— (A) identify policy and research gaps, which may include— (i) regions of the United States with the largest gaps between awareness, preparedness, and capacity to address extreme heat; and (ii) heat-related gaps in data, such as— (I) the number of schools, prisons, and other public facilities that lack air conditioning; and (II) the demographic breakdown of people affected by heat events, including by race, age, gender, occupation, and income; (B) provide recommendations for addressing gaps with respect to policy, research, operations, communications, and data, including the gaps identified under subparagraph (A), affecting heat-health planning, preparedness, response, resilience, adaptation, and environmental justice and equity; (C) provide such other recommendations as the Director considers appropriate, which may include strategies for— (i) communicating warnings to and promoting resilience of populations vulnerable to extreme heat; (ii) effectively distributing extreme heat warnings, including to individuals with limited English proficiency and individuals who are socially isolated or have other established barriers to such information; (iii) designing warnings described in clause (ii) to convey the urgency and severity of heat events and achieve behavior changes that reduce the mortality and morbidity of extreme heat effects, without creating warning fatigue or confusion with other types of weather disaster warnings; (iv) understanding compound and cascading risks, and implementing alternative heat-health risk reduction interventions to manage those risks collectively, such as reducing risk of the transmission of infectious diseases during heat waves by creating outdoor cooling locations or increasing ventilation and filtration in indoor cooling centers; (v) promoting community resilience to heat events and incorporating principles of environmental justice in community response to heat waves; (vi) addressing the impacts of extreme heat on energy cost and availability; and (vii) establishing labor and other standards for workers and heat; and (D) consider such other subjects as the Committee considers appropriate, which may include— (i) the feasibility of enhancing existing nationwide data collection on heat-related illnesses and mortalities to improve and ensure consistent collection of national-level heat illness data across all 50 States, territories, and local jurisdictions of the United States; (ii) mechanisms for financing heat preparedness; and (iii) the effectiveness of county- or local-level heat awareness and communication tools, preparedness plans, or mitigation. (4) Development of definitions \nIn conducting the study required by paragraph (1), the Director shall work with heat and health experts to identify consistent and agreed upon definitions for heat events, heat waves, and other relevant terms. (b) Report \nNot later than 90 days after completing the study required by subsection (a)(1), the Committee shall— (1) make available to the public on an internet website of the National Oceanic and Atmospheric Administration a report on the findings and conclusions of the study; and (2) submit the report to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives.", "id": "id72122d03b19745c8a6fb918934611b0b", "header": "Study on extreme heat information and response" }, { "text": "7. Financial assistance for resilience in addressing extreme heat and health risks \n(a) In general \n(1) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Director of the National Integrated Heat Health Information System Program may, in coordination with the National Integrated Heat Health Information System Interagency Committee, establish and administer a community heat resilience program to provide financial assistance to eligible entities to carry out projects described in subsection (e) to ameliorate human health impacts of extreme heat events. (2) Revision \nUpon completion of the strategic plan required by section 4(e)(1), the Committee may revise the community heat resilience program to ensure the program aligns with the strategic plan and is administered in accordance with the plan. (b) Purpose \nThe purpose of the financial assistance provided under this section is to improve community resilience to heat and heat-health impacts and further scientific research to address adaptation gaps and priorities. (c) Forms of assistance \nFinancial assistance provided under this section may be in the form of contracts, grants, or cooperative agreements. (d) Eligible entities \nEntities eligible to receive financial assistance under this section to carry out projects described in subsection (e) include— (1) nonprofit entities; (2) States; (3) Tribes; (4) local governments; and (5) such other entities as the Director determines to be eligible. (e) Eligible projects \nProjects described in this subsection include the following: (1) Projects for cool roofs, cool pavements, urban forestry or tree plantings and maintenance, the provision of shade, cooling centers, retrofitting buildings for cooling, and acquisitions or upgrades of filtration systems or high-efficiency air conditioning systems. (2) Training programs to support the development and integration of education and training programs for identifying and addressing risks associated with climate change for vulnerable individuals. (3) Projects— (A) to expand public awareness of heat risks; (B) to communicate risks and warnings to geographically, socially, and linguistically isolated communities; (C) to educate such communities about how to respond to extreme heat events; and (D) to further scientific research regarding extreme heat events. (4) Other projects that the Director determines will achieve a significant reduction in heat exposure or increased resilience to extreme heat events. (f) Priorities \nIn selecting eligible entities to receive financial assistance under this section, the Director shall prioritize entities that will carry out projects that provide benefits for historically disadvantaged communities and communities with significant heat disparities associated with race, ethnicity, or income. (g) Distribution of assistance \n(1) Environmental justice and low-income communities \nNot less than 40 percent of the amount of financial assistance provided under this section in any fiscal year shall be provided to eligible entities to implement projects described in subsection (e) in environmental justice communities or low-income communities. (2) Equitable distribution \nThe Director shall seek to equitably distribute financial assistance provided under this section based on geographic location or such other factors as the Director determines appropriate. (h) Matching requirement \n(1) In general \nAn entity that receives financial assistance to carry out a project under this section shall contribute, from non-Federal sources, funds for the project in such amount as the Director determines appropriate. (2) Waiver \nThe Director may waive the requirement under paragraph (1) for an entity if the Director determines that the entity does not have adequate resources to meet the requirement. (i) Reports \nThe Committee shall require the Director to submit to the Committee, on an annual basis, a report on actions, outcomes, research needs, and data gaps under this section.", "id": "id1be0f4743e934fa9b30d1e2b48811d29", "header": "Financial assistance for resilience in addressing extreme heat and health risks" }, { "text": "8. Authorization of appropriations \n(a) National Integrated Heat Health Information System Interagency Committee; National Integrated Heat Health Information System Program; study on extreme heat information and response \nThere are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out sections 4, 5, and 6, including for any administrative costs for the National Integrated Heat Health Information System Interagency Committee and the National Integrated Heat Health Information System Program, the following: (1) For fiscal year 2022, $20,000,000. (2) For fiscal year 2023, $20,000,000. (3) For fiscal year 2024, $20,000,000. (4) For fiscal year 2025, $20,000,000. (5) For fiscal year 2026, $20,000,000. (b) Financial assistance for resilience in addressing extreme heat and health risks \nThere are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out section 7 the following: (1) For fiscal year 2022, $10,000,000. (2) For fiscal year 2023, $10,000,000. (3) For fiscal year 2024, $20,000,000. (4) For fiscal year 2025, $30,000,000. (5) For fiscal year 2026, $30,000,000.", "id": "id44F14CC1F2C8495980120DDF14635437", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the NEPA Data Transparency and Accountability Act.", "id": "id84D07B244B6E48579E02C0D31686D409", "header": "Short title" }, { "text": "2. Required reports under NEPA \nTitle I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 105 ( 42 U.S.C. 4335 ) as section 106; and (2) by inserting after section 104 ( 42 U.S.C. 4334 ) the following: 105. Required reports \n(a) Definitions \nIn this section: (1) Environmental assessment \nThe term environmental assessment has the meaning given the term in section 1508.9 of title 40, Code of Federal Regulations (or a successor regulation). (2) Environmental impact statement \nThe term environmental impact statement means a detailed statement required under section 102(2)(C). (3) Federal agency \nThe term Federal agency includes a State that has assumed responsibility under section 327 of title 23, United States Code. (4) Head of a Federal agency \nThe term head of a Federal agency includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327 of title 23, United States Code. (5) NEPA process \n(A) In general \nThe term NEPA process means the entirety of every process, analysis, or other measure, including an environmental impact statement, required to be carried out by a Federal agency under this title before the agency undertakes a proposed action. (B) Period \nFor purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and (ii) ends on the date on which the Federal agency issues, with respect to the proposed action— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under this title. (6) Project sponsor \nThe term project sponsor means a Federal agency or other entity, including a private or public-private entity, that seeks approval of a proposed action. (b) Reports \n(1) NEPA data \n(A) In general \nThe head of each Federal agency that carries out the NEPA process shall carry out a process to track, and annually submit to Congress a report containing, the information described in subparagraph (B). (B) Information described \nThe information referred to in subparagraph (A) is, with respect to the Federal agency issuing the report under that subparagraph— (i) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (ii) the length of time the Federal agency took to issue the categorical exclusions described in clause (i); (iii) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a categorical exclusion is pending; (iv) the number of proposed actions for which an environmental assessment was issued during the reporting period; (v) the length of time the Federal agency took to complete each environmental assessment described in clause (iv); (vi) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vii) the number of proposed actions for which an environmental impact statement was issued during the reporting period; (viii) the length of time the Federal agency took to complete each environmental impact statement described in clause (vii); and (ix) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) NEPA costs \n(A) In general \nNot later than 1 year after the date of enactment of this subsection, the Chair of the Council on Environmental Quality and the Director of the Office of Management and Budget shall jointly develop a methodology to assess the comprehensive costs of the NEPA process. (B) Requirements \nThe head of each Federal agency that carries out the NEPA process shall— (i) adopt the methodology developed under subparagraph (A); and (ii) use the methodology developed under subparagraph (A) to annually submit to Congress a report describing— (I) the comprehensive cost of the NEPA process for each proposed action that was carried out within the reporting period; and (II) for a proposed action for which the head of the Federal agency is still completing the NEPA process at the time the report is submitted— (aa) the amount of money expended to date to carry out the NEPA process for the proposed action; and (bb) an estimate of the remaining costs before the NEPA process for the proposed action is complete..", "id": "S1", "header": "Required reports under NEPA" }, { "text": "105. Required reports \n(a) Definitions \nIn this section: (1) Environmental assessment \nThe term environmental assessment has the meaning given the term in section 1508.9 of title 40, Code of Federal Regulations (or a successor regulation). (2) Environmental impact statement \nThe term environmental impact statement means a detailed statement required under section 102(2)(C). (3) Federal agency \nThe term Federal agency includes a State that has assumed responsibility under section 327 of title 23, United States Code. (4) Head of a Federal agency \nThe term head of a Federal agency includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327 of title 23, United States Code. (5) NEPA process \n(A) In general \nThe term NEPA process means the entirety of every process, analysis, or other measure, including an environmental impact statement, required to be carried out by a Federal agency under this title before the agency undertakes a proposed action. (B) Period \nFor purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and (ii) ends on the date on which the Federal agency issues, with respect to the proposed action— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under this title. (6) Project sponsor \nThe term project sponsor means a Federal agency or other entity, including a private or public-private entity, that seeks approval of a proposed action. (b) Reports \n(1) NEPA data \n(A) In general \nThe head of each Federal agency that carries out the NEPA process shall carry out a process to track, and annually submit to Congress a report containing, the information described in subparagraph (B). (B) Information described \nThe information referred to in subparagraph (A) is, with respect to the Federal agency issuing the report under that subparagraph— (i) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (ii) the length of time the Federal agency took to issue the categorical exclusions described in clause (i); (iii) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a categorical exclusion is pending; (iv) the number of proposed actions for which an environmental assessment was issued during the reporting period; (v) the length of time the Federal agency took to complete each environmental assessment described in clause (iv); (vi) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vii) the number of proposed actions for which an environmental impact statement was issued during the reporting period; (viii) the length of time the Federal agency took to complete each environmental impact statement described in clause (vii); and (ix) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) NEPA costs \n(A) In general \nNot later than 1 year after the date of enactment of this subsection, the Chair of the Council on Environmental Quality and the Director of the Office of Management and Budget shall jointly develop a methodology to assess the comprehensive costs of the NEPA process. (B) Requirements \nThe head of each Federal agency that carries out the NEPA process shall— (i) adopt the methodology developed under subparagraph (A); and (ii) use the methodology developed under subparagraph (A) to annually submit to Congress a report describing— (I) the comprehensive cost of the NEPA process for each proposed action that was carried out within the reporting period; and (II) for a proposed action for which the head of the Federal agency is still completing the NEPA process at the time the report is submitted— (aa) the amount of money expended to date to carry out the NEPA process for the proposed action; and (bb) an estimate of the remaining costs before the NEPA process for the proposed action is complete.", "id": "id6E524A34D37243838C9A84449BA41D2C", "header": "Required reports" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Defenders of Bataan and Corregidor Congressional Gold Medal Act.", "id": "id062C43D8155C4B9FB57193D8932ABFC2", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the Armed Forces ) and Filipino troops in the Far East under the command of General Douglas MacArthur. (2) On December 8, 1941, the 200th and 515th Coast Artillery Regiments, successors to the New Mexico National Guardsmen who made up part of the famed Rough Riders of the Spanish-American War, were the first to fire. (3) Despite being cut off from supply lines and reinforcements, members of the Armed Forces and Philippine troops quickly executed a plan to delay the Japanese invasion and defend the Philippines against that invasion. (4) Combined Armed Forces and Filipino ground forces fought a prolonged 6-month resistance to Imperial Japan’s invasion of the Philippines. With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from— (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. (5) By December 10, 1941, the United States Army Air Corps airfields at Del Carmen, Clark, Nichols, and Nielson on Luzon in the Philippines, as well as the nearby United States naval facilities at Cavite and Olongapo, had been destroyed. The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. (6) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. First stationed at Fort Stotsenberg north of Manila, they are credited as being the first to fire in the defense of the Philippines on December 8, 1941. (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. The 192nd and 194th Tank Battalions had arrived in the Philippines on or before Thanksgiving Day, 1941. (8) Barely 1/2 of the men from the National Guard units described in paragraph (7) returned home at the end of the war, with the majority dying as prisoners of war of the Imperial Japanese Army. (9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. Because of the heroic actions of the defenders of Bataan, members of the Armed Forces and other Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (10) On April 9, 1942, approximately 12,000 members of the Armed Forces and 66,000 Filipino soldiers became prisoners of war with the surrender of the Armed Forces and Filipino forces on the Bataan Peninsula in the Philippines by Major General Edward P. King. (11) Beginning on April 9, 1942, and lasting for almost 2 weeks, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the Bataan Death March. They marched from Marviveles north to the San Fernando train station. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. Survivors then marched an additional 3 miles to the makeshift prisoner-of-war camp at Camp O’Donnell, an unfinished Philippine Army training facility. (12) During this forced march, an estimated 700 members of the Armed Forces and possibly 10,000 Filipino soldiers died from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. Hundreds of men on the Death March remain unaccounted for from the march and its immediate aftermath. (13) Conditions at the prisoner-of-war camps were appalling, leading to increased disease and malnutrition, which precipitated extraordinary death rates of as high as 300 per day. (14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (15) On May 6, 1942, Corregidor, which had become the military command center for all the Philippines, United States Forces in the Philippines (USFIP), was surrendered by Lt. General Jonathan M. Wainwright. Nearly 10,000 members of the Armed Forces as well as more than 3,000 Filipino soldiers and nurses became prisoners of war of Imperial Japan. (16) On June 6, 1942, the prisoners at Camp O’Donnell were transferred to Camp Cabanatuan, north of Camp O’Donnell. (17) Nearly 26,000 of the 50,000 Filipino prisoners of war died at Camp O’Donnell and survivors were gradually paroled from September through December 1942. (18) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard hell ships and succumbed in great numbers because of the abysmal conditions. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone claimed nearly 1,800 lives of members of the Armed Forces. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (20) The veterans of Bataan and Corregidor represented the best of the United States and the Philippines, hailed from various locales across both countries, and represented true diversity. (21) Over the subsequent decades, the veterans of Bataan and Corregidor formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. (22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD–5), in memory of their valor and honorable resistance against Imperial Japanese forces. (23) Many of the survivors of Bataan and Corregidor have died and those who remain continue to tell their stories. (24) The people of the United States and the Philippines are forever indebted to these men for— (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty.", "id": "idB84C31655143469291EB82E251E764E3", "header": "Findings" }, { "text": "3. Congressional gold medal \n(a) Award authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the collective award, on behalf of Congress, of a gold medal of appropriate design to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. (b) Design and striking \nFor purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution \n(1) In general \nFollowing the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of congress \nIt is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor.", "id": "IDa5e36b17c9ab4199b9b6825535c55488", "header": "Congressional gold medal" }, { "text": "4. Duplicate medals \n(a) Striking of duplicates \nUnder such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 3. (b) Selling of duplicates \nThe Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. (c) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund.", "id": "IDea2738d9a6014d3e9f49e51a3060432d", "header": "Duplicate medals" }, { "text": "5. Status of medals \n(a) National medals \nMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "ID5386fcf55b4248118ed186093dc1d86c", "header": "Status of medals" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Business Establishment Registration Waiver Act.", "id": "S1", "header": "Short title" }, { "text": "2. Waiver of annual establishment registration fees for small businesses \nSection 738 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j ) is amended— (1) in subsection (a)(3)(B)— (A) by striking No fee and inserting the following: (i) In general \nNo fee ; and (B) by adding at the end the following: (ii) Small businesses fee waiver \n(I) Definition of small business \nFor the purposes of this clause, the term small business means an entity that reported $1,000,000 or less of gross receipts or sales in its most recent Federal income tax return for a taxable year, including such returns of all of its affiliates. (II) Waiver \nThe Secretary may grant a waiver of the fee required under subparagraph (A) for the annual registration (excluding the initial registration) of an establishment for a year, if the Secretary finds that the establishment is a small business and paying the fee for such year represents a financial hardship to the establishment as determined on the basis of criteria established by the Secretary. (III) Firms submitting tax returns to the united states internal revenue service \nThe establishment shall support its claim that it meets the definition under subclause (I) by submission of a copy of its most recent Federal income tax return for a taxable year, and a copy of such returns of its affiliates, which show an amount of gross sales or receipts that is less than the maximum established in subclause (I). The establishment, and each of such affiliates, shall certify that the information provided is a true and accurate copy of the actual tax forms they submitted to the Internal Revenue Service. If no tax forms are submitted for any affiliate, the establishment shall certify that the establishment has no affiliates. (IV) Firms not submitting tax returns to the united states internal revenue service \nIn the case of an establishment that has not previously submitted a Federal income tax return, the establishment and each of its affiliates shall demonstrate that it meets the definition under subclause (I) by submission of a signed certification, in such form as the Secretary may direct through a notice published in the Federal Register, that the establishment or affiliate meets the criteria for a small business and a certification, in English, from the national taxing authority, if extant, of the country in which the establishment or, if applicable, affiliate is headquartered. The certification from such taxing authority shall bear the official seal of such taxing authority and shall provide the establishment's or affiliate's gross receipts or sales for the most recent year in both the local currency of such country and in United States dollars, the exchange rate used in converting such local currency to dollars, and the dates during which these receipts or sales were collected. The establishment shall also submit a statement signed by the head of the establishment's firm or by its chief financial officer that the establishment has submitted certifications for all of its affiliates, or that the establishment has no affiliates. (V) Request for waiver \nAn establishment seeking a fee waiver for a year under this clause shall submit supporting information to the Secretary at least 60 days before the fee is required pursuant to subparagraph (C). The decision of the Secretary regarding whether an entity may receive the waiver for such year is not reviewable. ; (2) in subsection (d)(2)(B)(iii), by inserting , if extant, after national taxing authority ; and (3) in subsection (e)(2)(B)(iii), by inserting , if extant, after national taxing authority.", "id": "idCBF3D1A06CD8482B8E9337F7C4609F7E", "header": "Waiver of annual establishment registration fees for small businesses" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the United States-Colombia Strategic Alliance Act of 2022. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Designation of Colombia as a major non-NATO ally. TITLE I—Supporting inclusive economic growth Sec. 101. Colombian-American Enterprise Fund. Sec. 102. Strategy for promoting and strengthening nearshoring in the Western Hemisphere. Sec. 103. United States-Colombia Labor Compact. Sec. 104. Supporting efforts to combat corruption. Sec. 105. Increasing English language proficiency. Sec. 106. Partnership for STEM education. Sec. 107. Supporting women entrepreneurs. Sec. 108. Supporting women and girls in science and technology. TITLE II—Advancing peace and democratic governance in Colombia Sec. 201. Supporting peace and justice. Sec. 202. Advancing integrated rural development. Sec. 203. Empowering Afro-Colombian and Indigenous communities in Colombia. Sec. 204. Protecting human rights defenders. TITLE III—Strengthening security cooperation Sec. 301. Establishment of United States-Colombia security consultative committee. Sec. 302. Cooperation on cyber defense and combating cyber crimes. Sec. 303. Classified report on the activities of certain terrorist and criminal groups. Sec. 304. Counternarcotics and rural security strategy. Sec. 305. Classified report on the malicious activities of state actors in the Andean region. TITLE IV—Protecting biodiversity Sec. 401. Protecting tropical forests. Sec. 402. Public-private partnership to build responsible gold value chains. Sec. 403. Supporting the protected areas of Colombia. TITLE V—Addressing humanitarian needs Sec. 501. Colombia Relief and Development Coherence Strategy. Sec. 502. Senior Humanitarian Coordinator. Sec. 503. Support for establishment of assisted voluntary return and reintegration programming. Sec. 504. Assessment of healthcare infrastructure needs in rural areas. Sec. 505. Strategy for refugee resettlement in the Western Hemisphere. TITLE VI—Global issues Sec. 601. Authorities related to counternarcotics. Sec. 602. Ensuring the integrity of communications cooperation.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Findings \nCongress makes the following findings: (1) On June 19, 2022, the United States and Colombia will celebrate 200 years of formal diplomatic relations, commemorating the United States Congress’ recognition of the independence of Colombia. (2) On May 15, 2022, the United States and Colombia will celebrate 10 years since the entry into force of the United States-Colombia Trade Promotion Agreement, which has contributed to economic growth in both the United States and Colombia. (3) On July 13, 2000, the United States and Colombia launched Plan Colombia, an ambitious bilateral strategy that strengthened Colombia’s institutions and capacity to combat drug trafficking, organized crime, and violence, and promote rule of law. (4) On February 4, 2016, the United States and Colombia launched a new chapter in bilateral security cooperation between the two countries through the announcement of Peace Colombia, the successor strategy to Plan Colombia aimed at supporting Colombia’s consolidation of peace, democratic governance, and security. (5) To implement Plan Colombia and its successor strategies, the United States Congress has appropriated more than $12,000,000,000 since 2000. The Government of Colombia has contributed more than 90 percent of the total costs of the implementation of Plan Colombia. (6) Increased military and security cooperation through Plan Colombia and Peace Colombia has helped Colombia expand and professionalize its police and armed forces. (7) The United States and Colombia have entered into formal partnerships with governments throughout Latin America and the Caribbean to bolster hemispheric security cooperation through the United States-Colombia Action Plan on Regional Security Cooperation (USCAP). (8) In May 2017, Colombia became the first Latin American partner of the North Atlantic Treaty Organization. (9) Colombia is the second most biodiverse country on Earth and is home to 10 percent of the world’s flora and fauna. (10) Colombia hosts more than 1,800,000 refugees from Venezuela. In addition, Colombia has a population of 8,100,000 registered victims of internal displacement since 1985. (11) Colombia is the United States third-largest trade partner in Latin America, with United States goods and services trade with Colombia totaling an estimated $40,700,000,000 in 2019. (12) The Government of Colombia is a strong advocate for democratic governance in Latin America and the Caribbean, publicly condemning ongoing violations of civil liberties and human rights in Cuba, Nicaragua, and Venezuela. (13) The Government of Colombia has been an active participant in global peacekeeping and peacebuilding missions, including the United Nations Stabilization Mission in Haiti (MINUSTAH), the United Nations Integrated Peacebuilding Office in Sierra Leone (UNOSIL), and the Multinational Force and Observers in the Sinai, since 1979. (14) In February 2021, Colombian President Ivan Duque announced he would grant temporary protected status to nearly 1,800,000 Venezuelan refugees in the country.", "id": "id9c063a456ed44379852451c050e4f947", "header": "Findings" }, { "text": "3. Designation of Colombia as a major non-NATO ally \nSection 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ) is amended by adding at the end the following new subsection: (c) Additional designations \n(1) In general \nEffective on the date of the enactment of the United States-Colombia Strategic Alliance Act of 2022 , Colombia is designated as a major non-NATO ally for purposes of this Act, the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), and section 2350a of title 10, United States Code. (2) Notice of termination of designation \nThe President shall notify Congress in accordance with subsection (a)(2) before terminating the designation of a country specified in paragraph (1)..", "id": "id5002be5840954c4abad7a4ffd949d906", "header": "Designation of Colombia as a major non-NATO ally" }, { "text": "101. Colombian-American Enterprise Fund \n(a) Designation \nThe President shall designate a private, nonprofit organization (to be known as the Colombian-American Enterprise Fund ) to receive funds and support made available under this section after determining that such organization has been designated for the purposes specified in subsection (b). The President shall make such designation only after consultation with the leadership of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (b) Purposes \nThe purposes are this section are the purposes described in section 1421(g)(3) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g)(3) ). (c) Board of Directors \n(1) Appointment \nThe Colombian-American Enterprise Fund shall be governed by a Board of Directors pursuant to paragraphs (5) and (6) of section 1421(g) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g) ). (2) United States Government liaison to the Board \nThe President shall appoint the United States Ambassador to Colombia, or the Ambassador’s designee, as a liaison to the Board. The liaison appointed under this paragraph shall not have any voting authority. (3) Nongovernment liaisons to the Board \n(A) In general \nUpon the recommendation of the Board of Directors, the President may appoint up to 2 additional liaisons to the Board of Directors in addition to the liaison specified in paragraph (2), of which not more than 1 may be a noncitizen of the United States. A liaison appointed under this subparagraph shall not have any voting authority. (B) NGO community \nOne of the additional liaisons to the Board should be from the nongovernmental organization community, with significant prior experience in development financing and an understanding of development policy priorities for Colombia. (C) Technical expertise \nOne of the additional liaisons to the Board should have extensive demonstrated industry, sector, or technical experience and expertise in a priority investment sector described in subsection (e) for the Colombia-American Enterprise Fund. (d) Grants \nThe President is authorized to use $200,000,000 in funds appropriated by any Act, in this fiscal year or prior fiscal years, making appropriations for the Department of State, foreign operations, and related programs, including funds previously obligated, that are otherwise available for such purposes, notwithstanding any other provision of law— (1) to carry out the purposes set forth in subsection (b) through the Colombian-American Enterprise Fund in accordance with section 1421(g)(4)(A) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g)(4)(A) ); and (2) to pay for the administrative expenses of the Colombian-American Enterprise Fund, in accordance with the limitation under section 1421(g)(4)(B) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g)(4)(B) ). (e) Prioritization \nIn carrying out the purposes of the Colombian-American Enterprise Fund described in subsection (b), the Board of Directors shall not be prohibited from making investments, grants, and expenditures in any economic sector, but shall prioritize such activities in the following sectors: (1) Not less than 35 percent of the investments, grants, and expenditures of the Colombian-American Enterprise Fund shall go to projects and activities of small and medium-sized businesses in Colombia working to close the digital divide, enabling digital transformation, and developing and applying advanced digital technologies, including big data, artificial intelligence, and the Internet of Things. (2) Not less than 50 percent of the investments, grants, and expenditures, of the Colombian-American Enterprise Fund shall go to small and medium-sized businesses owned by women. (3) Small and medium-sized businesses dedicated to advancing the growth, sustainability, modernization, and formalization of Colombia’s agriculture sector. (f) Notification \nNot later than 15 days before designating an organization to operate as the Colombia-American Enterprise Fund pursuant to subsection (a), the President shall notify the Chairmen and Ranking Members of the appropriate congressional committees of— (1) the identity of the organization to be designated to operate as the Colombian-American Enterprise Fund; (2) the names and qualifications of the individuals who will comprise the initial Board of Directors; and (3) the amount of the grant intended to fund the Colombian-American Enterprise Fund. (g) Briefing \nNot later than one year after the designation of the Fund, and annually thereafter, the President shall brief the appropriate congressional committees on— (1) a summary of the Fund’s beneficiaries; (2) progress by the Fund in achieving the purposes set forth in subsection (b); (3) recommendations on how the Fund can better achieve the purposes set forth in subsection (b); and (4) the reporting requirements described in subsection (h). (h) Compliance \nThe Colombian-American Enterprise Fund shall be subject to the reporting and oversight requirements described in paragraphs (7) and (8) of section 1421(g) of the BUILD Act of 2018 ( 22 U.S.C. 9621(g) ), respectively. (i) Best practices \n(1) In general \nTo the maximum extent practicable, the Board of Directors of the Colombian-American Enterprise Fund should adopt the best practices and procedures used by other American Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5421 ). (2) Implementation \nIn implementing this section, the President shall ensure that the articles of incorporation of the Colombia-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund) and the terms of United States Government grant agreements with the Fund are, to the maximum extent practicable, consistent with the articles of incorporation and the terms of grant agreements established for other American Enterprise Funds, including those established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5421 ) and comparable provisions of law. (j) Return of funds to Treasury \nAny funds resulting from the liquidation, dissolution, or winding up of the Colombian-American Enterprise Fund, in whole or in part, shall be returned to the Treasury of the United States. (k) Termination \nThe Colombian-American Enterprise Fund shall terminate on— (1) the date that is 10 years after the date of the first expenditure of amounts from the fund; or (2) the date on which the fund is liquidated.", "id": "id1724a3076bd14ad68d78e3eb56577d70", "header": "Colombian-American Enterprise Fund" }, { "text": "102. Strategy for promoting and strengthening nearshoring in the Western Hemisphere \n(a) Strategy \nThe Secretary of State, in coordination with the United States Agency for International Development and the United States International Development Finance Corporation, and the heads of all other relevant Federal departments and agencies, shall develop and implement a strategy to increase supply chain resiliency and security by promoting and strengthening nearshoring efforts to relocate supply chains from the People’s Republic of China to the Western Hemisphere. (b) Elements \nThe strategy required under subsection (a) shall— (1) be informed by consultations with— (A) the governments of allies and partners in the Western Hemisphere; and (B) labor organizations, trade unions, and companies and other private sector enterprises in the United States; (2) provide a description of how reshoring and nearshoring initiatives can be pursued in a complementary fashion to strengthen United States national interests; (3) include an assessment of the status and effectiveness of current efforts by regional governments, multilateral development banks, and the private sector to promote nearshoring to the Western Hemisphere, major challenges hindering such efforts, and how the United States can strengthen the effectiveness of such efforts; (4) identify countries within Latin America and the Caribbean with comparative advantages for sourcing and manufacturing critical goods and countries with the greatest nearshoring opportunities; (5) identify how activities by the United States Agency for International Development and the United States International Development Finance Corporation can effectively be leveraged to strengthen and promote nearshoring to Latin America and the Caribbean; (6) advance diplomatic initiatives to secure specific national commitments by governments in Latin America and the Caribbean to undertake efforts to create favorable conditions for nearshoring in the region, including commitments to develop formalized national nearshoring strategies, address corruption and rule of law concerns, modernize digital and physical infrastructure, lower trade barriers, improve ease of doing business, and finance and incentivize nearshoring initiatives; (7) advance diplomatic initiatives to harmonize standards and regulations, expedite customs operations, and facilitate economic integration in the region; and (8) develop and implement programs to finance, incentivize, or otherwise promote nearshoring to the Western Hemisphere in accordance with the findings made pursuant to paragraphs (3), (4), and (5), including, at minimum, programs to develop physical and digital infrastructure, promote transparency in procurement processes, provide technical assistance in implementing national nearshoring strategies, mobilize private investment, and secure commitments by private entities to relocate supply chains from the People’s Republic of China to the Western Hemisphere. (c) Coordination with multilateral development banks \nIn implementing the strategy required under subsection (a), the Secretary of State and the heads of all other relevant Federal departments and agencies shall coordinate with the United States Executive Directors of the Inter-American Development Bank and the World Bank. (d) Prioritization \nAs part of the effort described in this section, the Secretary of State shall prioritize Colombia. (e) Annual report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the strategy required under subsection (a) and progress made in its implementation.", "id": "idcec39e1c5a234b9aa1ea9ec5260caeee", "header": "Strategy for promoting and strengthening nearshoring in the Western Hemisphere" }, { "text": "103. United States-Colombia Labor Compact \n(a) Findings \nCongress makes the following findings: (1) In July 2020, the Government of Colombia, through the Ministry of Labor and the Department of Planning, established a Misión de Empleo to evaluate labor market challenges and make recommendations. The mission made several critical findings, including— (A) the majority of Colombian workers labor under precarious conditions, with few opportunities for upward mobility, low and unstable incomes, incomplete and erratic protections, and limited access to labor justice; (B) the number of labor inspectors in Colombia is 55 percent below recommendations by the International Labor Organization, and the proportion of labor judges to the population is 83 percent below the average of Organization for Economic Cooperation and Development countries; and (C) capacity building is needed to strengthen the Ministry of Labor’s ability to inspect labor conditions and violations and the ability of labor courts to resolve complaints. (b) Compact authority \nThe Secretary of State, in coordination with the Secretary of Labor and the United States Trade Representative, is authorized to enter into a bilateral agreement of not less than 7 years in duration with the Government of Colombia to continue strengthening labor rights and labor policies in the country. The agreement shall be known as the United States-Colombia Labor Compact (referred to in this section as the Compact ). (c) Compact elements \nThe Compact shall establish a multi-year strategy to— (1) address the findings in the 2021 Executive Report of the Misión de Empleo de Colombia; (2) further advance the objectives set forth under the related goals of the 2016 peace accord and the Colombian Action Plan Related to Labor Rights of April 7, 2011 (referred to in this section as the Labor Action Plan ); (3) promote labor formalization in Colombia; (4) protect internationally recognized labor rights, including with respect to freedom of association, elimination of all forms of forced or compulsory labor, prohibitions on child labor, and acceptable work conditions related to hours worked and occupational health and safety; and (5) address and prevent violence against labor organizations and trade unions and prosecute the perpetrators of such violence. (d) Strategy requirements \nThe strategy required under subsection (c) shall— (1) be informed by consultations with labor organizations, trade unions, and companies and other private sector enterprises in the United States and Colombia; (2) be informed by assessments, including assessments by the Department of Labor’s International Labor Affairs Bureau, of the areas in Colombia experiencing the highest incidence of labor rights violations and violence against labor organizations and trade unions; (3) identify clear and measurable goals, objectives, and benchmarks under the Compact to detect, deter, and respond to labor rights violations and violence against labor leaders; (4) set out clear roles, responsibilities, and objectives under the Compact, which shall include a description of policies and financial commitments of the United States Government and the Government of Colombia; (5) provide for the conduct of an impact evaluation not later than 1 year after the conclusion of the negotiations of the Compact and biannually thereafter; and (6) provide for a full accounting of all funds expended under the Compact, which shall include full audit authority for the Office of the Inspector General of the Department of State, the Office of the Inspector General of the United States Agency for International Development, and the Government Accountability Office, as appropriate. (e) Establishment of Task Force \nThe President shall establish an interagency task force to advance, monitor, enforce, and evaluate the negotiation and signing of the Compact (referred to in this section as the Labor Task Force ), which shall consist of— (1) the Secretary of State, who shall serve as the Chair; (2) the Administrator of the United States Agency for International Development; (3) the Secretary of Labor; (4) the United States Trade Representative; and (5) any other Federal officials as may be designated by the President. (f) Activities of the Labor Task Force \nThe Labor Task Force shall— (1) engage with the Government of Colombia to design and implement the Compact; (2) engage in consultation and advocacy with nongovernmental organizations, including labor organizations and trade unions in the United States and Colombia, to advance the purposes of this section; (3) assess efforts by the United States Government and the Government of Colombia to implement the Compact; and (4) establish regular meetings of the Labor Task Force to ensure closer coordination across departments and agencies in the development of policies regarding the Compact. (g) Specific focus \nThe activities described in subsection (f) shall include an in-depth analysis of the impact of the United States-Colombia Trade Promotion Agreement on vulnerable populations, including women and Afro-Colombian, Indigenous, and migrant communities, and recommendations on ways to ensure that those communities are better assisted and protected. (h) Congressional notification \nNot later than 15 days after entering into a Compact with the Government of Colombia, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall submit to the Committee on Foreign Relations of the Senate, the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives— (1) a copy of the proposed Compact; and (2) a copy of any annexes, appendices, or implementation plans related to the Compact. (i) Reports \nNot later than 1 year after entering into a Compact, and annually during the period in which the Compact is in effect, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the progress made under the Compact and includes recommendations for strengthening United States implementation of the Compact.", "id": "id1a91e8b8ae934878929a8c650a1344b3", "header": "United States-Colombia Labor Compact" }, { "text": "104. Supporting efforts to combat corruption \n(a) Technical assistance \nThe Secretary of State shall engage with the Government of Colombia for the purpose of developing and implementing a multi-year strategy, including through the provision of technical assistance, to combat corruption and address the misuse of public resources. The Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of the Treasury in the development of the strategy. (b) Elements \nThe strategy required under subsection (a) shall— (1) assess the scope of public and private sector corruption in Colombia, including specific cases of significant corruption; (2) provide technical assistance for the purposes of combating corruption and increasing transparency in Colombia; (3) develop and implement programming to support investigative journalism, protection of journalists reporting on public and private sector corruption, civil society anti-corruption initiatives; (4) consult and advocate with nongovernmental organizations and the private sector to advance the purposes of this section; and (5) establish regular United States interagency meetings to ensure closer coordination across United States departments and agencies in the development of policies regarding transparency and corruption in Colombia. (c) Briefings \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the strategy required under subsection (a). Not later than 1 year after the briefing on the strategy, and annually thereafter, the Secretary of State shall brief the committees on the implementation of the strategy.", "id": "id4c703f0839fb4c75801fff22b190ee13", "header": "Supporting efforts to combat corruption" }, { "text": "105. Increasing English language proficiency \n(a) Partnership authorized \nThe Secretary of State and the Administrator of the United States Agency for International Development are authorized to establish a 5-year public-private partnership to support— (1) innovative in-country solutions for improving English language proficiency among primary and secondary school teachers in Colombia; and (2) the creation of English language accelerator courses, including specialized courses in business and technology. (b) Elements \nIn designing and implementing the partnership authorized under subsection (a), the Secretary of State and the Administrator of the United States Agency for International Development shall— (1) complement ongoing efforts by the Ministry of Education of Colombia and other relevant institutions; (2) target teachers from schools in low-income communities and underrepresented communities, including Afro-Colombian and Indigenous communities; and (3) consult with the Government of Colombia, civil society, and academia. (c) Purpose \nThe purpose of the partnership authorized under subsection (a) is to increase English language proficiency among primary and secondary school teachers, enhance teachers’ use of emerging digital technologies for English language learning, and ensure continuity of teacher development, thereby increasing student outcomes and the ability of Colombian youth to access higher education and higher quality livelihoods. (d) Authorization of appropriations \nThere is authorized to be appropriated to the United States Agency for International Development $12,000,000 for each of fiscal years 2023 through 2027 for the creation of the partnership authorized under subsection (a). (e) Monitoring and evaluation framework \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a monitoring and evaluation framework that includes objectives and indicators related to the partnership authorized under subsection (a). (f) Assessments of partnership impact \nNot later than 2 years and 5 years after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a comprehensive assessment on the impact of the partnership authorized under subsection (a) that uses the monitoring and evaluation framework submitted pursuant to subsection (e). (g) Briefing \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the partnership authorized under subsection (a).", "id": "idadb9f35548ea4c59873ccacededd44cd", "header": "Increasing English language proficiency" }, { "text": "106. Partnership for STEM education \n(a) In general \nThe United States Administrator of the United States Agency for International Development shall support Colombia’s Ministry of Education in the development of K–12 STEM curricula, the development of a STEM teacher education and degree program at public schools, and the training of 10,000 new K–12 public school educators, including in underrepresented and Afro-Colombian and Indigenous communities. (b) Coordination \nIn designing and implementing the program required under subsection (a), the Administrator of the United States Agency for International Development shall coordinate with the Chief Executive Officer of the Millennium Challenge Corporation and the Chief Executive Officer of the Peace Corps. (c) Authorization \nThere is authorized to be appropriated to the United States Agency for International Development $10,000,000 for each of fiscal years 2023 through 2027 for the creation of the program authorized under subsection (a). (d) Briefings \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the results of the program required under subsection (a).", "id": "id174f531516d04e3cab6266ea012043ad", "header": "Partnership for STEM education" }, { "text": "107. Supporting women entrepreneurs \n(a) In general \nThe Secretary of State and the Administrator of the United States Agency for International Development shall design and implement a new program to promote women’s entrepreneurship through initiatives that— (1) promote policies and legislative efforts to reduce barriers to women’s entrepreneurship and women’s ownership of small and medium-sized enterprises; (2) increase access to credit and financing; and (3) provide training and mentorship to women entrepreneurs, including women from Afro-Colombian and Indigenous communities. (b) Coordination \nIn designing and implementing the program required under subsection (a), the Secretary of State and the Administrator of the United States Agency for International Development shall coordinate with the Chief Executive Officer of the United States International Development Finance Corporation. (c) Briefings \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the results of the program required under subsection (a).", "id": "id4b1d9bca147142008a5ca74ebb5d3ede", "header": "Supporting women entrepreneurs" }, { "text": "108. Supporting women and girls in science and technology \n(a) In general \nThe Secretary of State shall establish TechWomen and TechGirls programs designed to empower and inspire women and girls from Latin America and the Caribbean to advance careers in science and technology. (b) Participation \nIn carrying out subsection (a), the Secretary of State shall— (1) during the first 5 years of the programs, prioritize the participation of Colombian women and girls; and (2) take steps to include underrepresented women and girls from across Latin America and the Caribbean, including women from low-income and underrepresented communities, including Afro-Colombian and Indigenous communities, in the programs. (c) Authorization of appropriations \nThere is authorized to be appropriated $1,000,000 for fiscal year 2023 to carry out this section.", "id": "id74e57bf00fee4eb79330d9f21d86dd2c", "header": "Supporting women and girls in science and technology" }, { "text": "201. Supporting peace and justice \n(a) Policy \nIt is the policy of the United States to support peace, justice, and democratic governance in Colombia, including the full and timely implementation of the 2016 peace accord. (b) Evaluation framework \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an evaluation framework that assesses the impact of United States diplomatic engagement and foreign assistance programming in support of the peace process in Colombia. (2) Consultation \nThe Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the development of the evaluation framework required under paragraph (1).", "id": "id65e95a5b01e84598acae0508c0f7962d", "header": "Supporting peace and justice" }, { "text": "202. Advancing integrated rural development \n(a) Supporting agricultural cooperatives \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Secretary of Commerce, and in consultation with the Chief Executive Officer of the Inter-American Foundation, shall develop and implement programs to support the ability of rural cooperatives in conflict-affected areas of Colombia to bring products into national and international markets by— (1) supporting research; (2) developing new skills; (3) building resilience capacities, including capacity to adapt to the effects of climate change; (4) integrating best practices in sustainable agriculture; (5) promoting standardization and quality control; (6) supporting commercialization; (7) enabling access to financing; and (8) promoting access to markets. (b) Prioritization \nPrograms required under subsection (a) shall prioritize communities seeking to shift away from illicit economies, including such economies related to the trafficking of narcotics, wildlife, minerals and other natural resources, and other goods. (c) Consultation \nIn developing the programs required under subsection (a), the Secretary of State shall consult with representatives of the Government of Colombia, the private sector, human rights, labor, and humanitarian organizations, and underrepresented populations including women, Indigenous populations, and Afro-Colombians. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State and the Administrator of the United States Agency for International Development $10,000,000 for each of fiscal years 2023 and 2024 to carry out the programs required under subsection (a). (e) Briefings \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States International Development Finance Corporation shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the programs required under subsection (a).", "id": "idfbeefe3bf6ca41eaa0293b99fb0e092c", "header": "Advancing integrated rural development" }, { "text": "203. Empowering Afro-Colombian and Indigenous communities in Colombia \n(a) In general \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States International Development Finance Corporation, and in consultation with the Chief Executive Officer of the Inter-American Foundation, shall develop and implement initiatives to— (1) support the implementation of the ethnic chapter of Colombia’s 2016 peace accord, which safeguards the rights of the Indigenous and Black populations of Colombia; (2) provide technical assistance and capacity-building support to Afro-Colombian community councils in Colombia; (3) increase the participation of individuals from Afro-Colombian and Indigenous communities in existing bilateral initiatives and in educational and cultural exchange programs of the Department of State and the United States Agency for International Development; and (4) increase access to finance and credit for small and medium-sized businesses owner by Afro-Colombian and Indigenous entrepreneurs. (b) Prioritization \nDuring the 5-year period beginning on the date of the enactment of this Act— (1) the Administrator of the United States Agency for International Development shall dedicate not less than 10 percent of the amounts appropriated to the United States Agency for International Development and allocated for Colombia to programs that empower and support Afro-Colombian and Indigenous communities in Colombia; and (2) not less than 50 percent of the funding dedicated under paragraph (1) shall be directly provided to Afro-Colombian and Indigenous-led organizations to implement the programs described in that paragraph.", "id": "idfd262598d1ca4cfc831fa050c278e5f4", "header": "Empowering Afro-Colombian and Indigenous communities in Colombia" }, { "text": "204. Protecting human rights defenders \n(a) Authorization of appropriations \nThere are authorized to be appropriated $20,000,000 for each of the fiscal years 2022 through 2026 to provide critical assistance to human rights defenders and anti-corruption activists in Colombia through the Department of State’s Human Rights Defenders Fund. (b) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter through the end of 2024, the Secretary of State, in cooperation with the Administrator of the United States Agency for International Development, shall submit a report to Congress that includes— (1) details regarding Department of State and United States Agency for International Development programs to— (A) support the work of human rights defenders, anti-corruption activists, and other civil society actors in Colombia; and (B) provide assistance when such individuals are under threat, including specific processes by which such individuals can request assistance from United States embassies; (2) detailed information contained in the Country Reports on Human Rights Practices regarding the intimidation of, and attacks against, such individuals and the response of the foreign government; (3) a strategy for any increased engagement and measures of success toward defending human rights defenders and anti-corruption activists; and (4) an accounting of funds used to execute the Human Rights Defender Fund.", "id": "id025d6853932242e18e8624f5518c6ed6", "header": "Protecting human rights defenders" }, { "text": "301. Establishment of United States-Colombia security consultative committee \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall establish a consultative committee to include the Government of Colombia to develop a strategy for jointly strengthening Colombia’s national security and defense institutions, and capacity to carry out operations across the territory of Colombia, including in rural and urban areas, related to— (1) counterterrorism and counterinsurgency; (2) counternarcotics and countering other forms of illicit trafficking; (3) cyber defense and cyber crimes; (4) border and maritime security and air defense; and (5) stabilization. (b) Additional elements \nThe consultative committee shall evaluate existing technologies, equipment, and weapons systems, as well as necessary upgrades to such technologies, equipment, and systems of Colombia’s national security and defense institutions in order to ensure the continued defense of the national sovereignty and national territory of Colombia. (c) Bilateral security and defense cooperation \nNot later than 180 days after the establishment of the consultative committee required under subsection (a), the Secretary of State, in coordination with the Secretary of Defense, is authorized to enter into consultations with the Government of Colombia to strengthen existing, or establish new, bilateral security and defense cooperation or lines of effort to address capacity-building and resource needs identified by the consultative committee. (d) Briefings \n(1) Consultative committee \nNot later than 30 days after the establishment of the United States-Colombia Security Consultative Committee required under subsection (a), and not later than 15 days after any meeting of the Consultative Committee thereafter, the Secretary of State and the Secretary of Defense shall jointly brief any of the appropriate congressional committees on progress made under the committee, pursuant to a request by any one of the appropriate congressional committees. (2) Bilateral security and defense cooperation \nNot later than 30 days after the completion of any consultations with the Government of Colombia pursuant to subsection (c), the Secretary of State and the Secretary of Defense shall brief the appropriate congressional committees on the implementation of the agreed upon areas of cooperation or lines of effort. (e) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Armed Services of the House of Representatives.", "id": "id9029CA1A0FFA445792E0297D5ABC460F", "header": "Establishment of United States-Colombia security consultative committee" }, { "text": "302. Cooperation on cyber defense and combating cyber crimes \n(a) Diplomatic engagement \nThe Secretary of State, in coordination with the Attorney General of the United States, shall engage with the Government of Colombia to support and facilitate Colombia’s adoption of improved standards to address cyber crimes, especially such crimes that are state-directed, including— (1) supporting the development of Colombia’s strategies to deter, investigate, and prosecute cyber crime, to protect critical infrastructure, and to promote the use of new technologies, as part of a broader and more coordinated effort to protect the information technology systems and networks of citizens, businesses, and governments; (2) supporting the development of protocols that allow cyber preparedness and ensure protection and resilience to critical infrastructure; (3) supporting the Government of Colombia in the implementation of relevant international conventions, such as the Budapest Convention on Cybercrime, of which Colombia is a party; (4) continuing to develop partnerships among foreign partners, including in Latin America and the Caribbean, responsible for preventing, investigating, and prosecuting such crimes, and the private sector, in order to streamline and improve the procurement of timely information in the context of mutual assistance proceedings; (5) working, in cooperation with like-minded democracies in international organizations, to advance standards for digital governance and promote a secure, reliable, free, and open internet; (6) supporting the adoption of new technologies to enhance the technical capabilities of cyber security agencies in Colombia; and (7) supporting the efforts of the Government of Colombia to build national resilience against foreign disinformation efforts. (b) Digital infrastructure access and security strategy \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall develop and implement a strategy for leveraging United States expertise to share best practices and lessons learned and assist the Government of Colombia. The strategy shall— (1) improve and secure its digital infrastructure, including critical infrastructure; (2) protect technological assets, including data privacy, digital evidence, and electronically store information; (3) advance cyber security to protect against cyber crime and cyber espionage; (4) promote exchanges and technical training programs, including know-how transfer in cyber security and disinformation and misinformation; (5) promote the adoption or development of new technologies to enhance protection against cyber crime and cyber espionage; and (6) promote digital hygiene programs. (c) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State for the development and implementation of the strategy required under subsection (b) $3,000,000 for each of fiscal years 2023 through 2025. (d) Semiannual briefing requirement \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the implementation of the diplomatic engagement described in subsection (a) and the implementation of the strategy described in subsection (b).", "id": "id1723cff6b47d4342bacb50a0757b69fb", "header": "Cooperation on cyber defense and combating cyber crimes" }, { "text": "303. Classified report on the activities of certain terrorist and criminal groups \n(a) Finding \nOn November 30, 2021, the United States designated the Revolutionary Armed Forces of Colombia–People’s Army (FARC–EP) and Segunda Marquetalia as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (b) Reports required \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, acting through the Assistant Secretary of State for the Bureau of Intelligence and Research of the Department of State, and in coordination with the Secretary of Defense, the Director of National Intelligence, and the Director of the Central Intelligence Agency, shall submit to the appropriate congressional committees a classified report detailing the activities of the Revolutionary Armed Forces of Colombia-EP, Segunda Marquetalia, the Ejército de Liberación Nacional, Clan del Golfo, and other Colombian organized criminal groups. (c) Elements \nEach report required by subsection (b) shall include— (1) the name or names of each group covered by the report; (2) a description of each group and the geographic presence of the group; (3) a description of the leadership and structure of each group; (4) the operating modalities and capabilities of each group; (5) the rate of growth and recruitment strategies of each group; and (6) any linkages between such groups and any other countries, including the regime of Nicolás Maduro in Venezuela. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Armed Services of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Permanent Select Committee on Intelligence of the House of Representatives; and (6) the Committee on Armed Services of the House of Representatives.", "id": "ida29d1032ebaf429398731929ddfb2bc0", "header": "Classified report on the activities of certain terrorist and criminal groups" }, { "text": "304. Counternarcotics and rural security strategy \n(a) In general \nThe Secretary of State shall develop and implement a strategy and related programs to support the Government of Colombia’s efforts to counter narcotics trafficking and transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, environmental crimes, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime, by supporting— (1) the eradication of illicit coca crops and the destruction of laboratories used to produce illicit narcotics; (2) the interdiction of illicit narcotics and other forms of contraband; (3) efforts to disrupt illicit financial networks, including through technical assistance to financial intelligence units, including the enhancement of anti-money laundering and asset forfeiture programs; (4) civilian law enforcement agencies, including support for— (A) the enhancement of management of complex, multi-actor criminal cases; (B) the enhancement of intelligence collection capacity and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation; and (C) port, airport, and border security officials, agencies, and systems, including— (i) improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and (ii) assistance to canine units; (5) justice sector institutions to enhance efforts to successfully prosecute drug trafficking organizations, transnational criminal organizations, and individuals and entities involved in money laundering and financial crimes related to narcotics trafficking and other illicit economies; (6) the inclusion of human rights in law enforcement training programs; and (7) advancing rural security initiatives, including the protection of community leaders and members of organized civil society who promote the rule of law and democratic governance. (b) Prioritization \nDuring the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall dedicate— (1) not less than 10 percent of the amounts appropriated to the International Narcotics Control and Law Enforcement account for Colombia to combating money laundering and financial crimes; and (2) not less than 10 percent of the amounts appropriated to the International Narcotics Control and Law Enforcement account for Colombia to research, innovation initiatives, and new technologies that can be utilized to combat illicit trafficking and all forms of transnational organized crime, as described in subsection (a). (c) Briefings \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the programs required under subsection (a).", "id": "ide4993208997b459ca88cab847bc70207", "header": "Counternarcotics and rural security strategy" }, { "text": "305. Classified report on the malicious activities of state actors in the Andean region \n(a) Report required \nNot later than 90 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, acting through the Assistant Secretary of State for the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Defense Intelligence Agency, shall submit a classified report to the appropriate congressional committees detailing the malicious activities of state actors in the Andean region, including— (1) disinformation, misinformation, and all other information operations; (2) election interference; (3) cyber attacks and aggressions; (4) sales or donations of weapons or military equipment; (5) security cooperation; (6) the direct and indirect supply of technologies, equipment, and weapons to irregular armed actors operating in the Andean region; (7) the provision of technologies, equipment, and weapons systems to the regime of Nicolas Maduro in Venezuela and the implications for the security of countries in the Andean region; and (8) other threats to United States national interests and national security. (b) Establishment of position \nThe Secretary of State shall establish a watcher position in the Andean region as necessary to fulfill the requirements detailed under subsection (a). (c) Annual briefing requirement \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the official designated for the watcher position established pursuant to subsection (b) shall brief the appropriate congressional committees on— (1) the steps that United States embassies in the Andean region have taken to advance the issues described in subsection (a); and (2) the nature and extent of the extra-regional diplomatic, economic, security, defense, and intelligence presence and influence in the Andean region.", "id": "ide9197703b5c6468c899485c645820e83", "header": "Classified report on the malicious activities of state actors in the Andean region" }, { "text": "401. Protecting tropical forests \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Chief of the Forest Service of the Department of Agriculture, shall develop and implement a joint 3-year strategy, in coordination with the Government of Colombia, which shall be known as the Strategy for Protecting Colombia’s Tropical Forests (referred to in this section as the strategy ), to protect the biodiversity of Colombia and address deforestation. (b) Elements \nThe strategy shall describe how the United States will— (1) empower and fund local communities, especially Indigenous and Afro-Colombian communities, to manage natural resources, address deforestation and forest degradation, and combat illegal activities causing environmental harm in their communities, including drug-trafficking activities and illegal logging, mining, fishing, and wildlife trade; (2) protect social and environmental activists and whistleblowers; (3) strengthen community-based prevention mechanisms and support community-led efforts to address illegal activities related to natural resources, including those activities described in paragraph (1); (4) advance the development of markets to promote alternatives to activities related to drug trafficking and illegally obtained wood, fish, wildlife, or minerals, as appropriate; (5) promote transparency in product sourcing and responsible supply chains; (6) prevent, detect, investigate, and prosecute crimes related to natural resources; (7) promote partnerships with nongovernmental organizations, international organizations, and the private sector; (8) work within the United States interagency process to end the import of illegally or unsustainably sourced wildlife, timber, agricultural commodities, or fish, or illegally sourced gold or other minerals into the United States from Colombia; and (9) consult with civil society to address the drivers of deforestation and forest degradation, and promote the conservation of intact forests. (c) Regional diplomatic coordination \nThe United States shall work with the Government of Colombia, and in cooperation with international organizations, to support the development of partnerships among Latin American and Caribbean officials responsible for preventing, investigating, and prosecuting environmental crimes, and in cooperation with the private sector, to protect the region’s biodiversity and address deforestation and forest degradation. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State and the United States Agency for International Development for the development and implementation of the strategy— (1) $5,000,000 for fiscal year 2023; (2) $7,000,000 for fiscal year 2024; and (3) $8,000,000 for fiscal year 2025. (e) Briefings \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the strategy. Not later than one year after the briefing on the strategy, and annually thereafter, the Secretary of State shall brief the committees on the implementation of the strategy.", "id": "id112c8e2a9011464b97018832d88637bf", "header": "Protecting tropical forests" }, { "text": "402. Public-private partnership to build responsible gold value chains \n(a) Best practices \nThe Administrator of the United States Agency for International Development, in coordination with the Government of Colombia, shall consult with the Government of Switzerland regarding best practices developed through their public-private partnership, the Swiss Better Gold Initiative, which aims to improve transparency and traceability in the international gold trade. (b) In general \nThe Administrator of the United States Agency for International Development shall coordinate with the Government of Colombia to establish a public-private partnership to advance the best practices described in subsection (a), including supporting programming in Colombia that will— (1) support formalization and compliance with appropriate environmental and labor standards in artisanal and small-scale gold mining (ASGM); (2) increase access to financing for ASGM miners committed to taking significant steps to formalize their operations and comply with labor and environmental standards; (3) enhance the traceability and support the establishment of a certification process for ASGM gold; (4) support a public relations campaign to promote responsibly sourced gold; (5) facilitate contact between Colombian vendors of responsibly sourced gold and United States companies; and (6) promote policies and practices in Colombia that are conducive to the formalization of ASGM and improvement of environmental and labor standards in ASGM. (c) Meeting \nThe Secretary of State, the Administrator of the United States Agency for International Development, or the President’s Special Envoy for Climate Change should, without delegation and in coordination with the Government of Colombia, host a meeting with senior representatives of the private sector and international governmental and nongovernmental partners and make commitments to improve due diligence and increase the responsible sourcing of gold.", "id": "idb31aa4fe83ae43d8bce63325ee36da30", "header": "Public-private partnership to build responsible gold value chains" }, { "text": "403. Supporting the protected areas of Colombia \nThe Secretary of State and the Secretary of the Treasury shall instruct United States executive directors of international financial institutions to use the voice, vote, and influence of the United States to establish or contribute to a Conservation Trust Fund to support the conservation and responsible management of protected areas of Colombia. Activities implemented through the Conservation Trust Fund shall include an innovation challenge to enhance conservation of protected areas and increase protections for park rangers, environmental activists, and Afro-Colombian and Indigenous communities.", "id": "id9557448fe7bd43ac955456aa3f924539", "header": "Supporting the protected areas of Colombia" }, { "text": "501. Colombia Relief and Development Coherence Strategy \n(a) Strategy required \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall develop and implement a strategy, to be known as the Colombia Relief and Development Coherence Strategy , to support Colombia’s responses to the separate but related challenges of assisting internally displaced persons, refugees, vulnerable migrants, and people affected by natural disasters. The strategy shall— (1) be publicly available in English and Spanish; (2) describe concurrent efforts and clarify United States agency responsibilities in Colombia for assisting— (A) asylum seekers; (B) refugees; (C) internally displaced persons; and (D) vulnerable migrants; (3) include a description of the assistance that shall be provided for the populations described in paragraph (2), including— (A) emergency assistance, protection, water, sanitation, hygiene, food, shelter, emergency education, and psychosocial assistance; and (B) integration programs in the education, health, livelihoods, shelter, and social protection sectors; (4) include a description of the technical assistance and capacity-building efforts to be provided for civil society organizations and relevant institutions in Colombia, such as the Victims Unit of the Government of Colombia and relevant government ministries; (5) describe outreach, coordination, and programming with the private sector to support the populations described in paragraph (2); and (6) describe how the Department of State and the United States Agency for International Development will mobilize additional donor contributions towards humanitarian appeals. (b) Description of interagency coordination efforts \nThe strategy developed under subsection (a) shall include a description of how the Department of State will lead interagency coordination efforts in implementing the strategy, including a description of mechanisms to coordinate programming, advocacy, monitoring and evaluation, communications, participation in international fora, and funding announcements.", "id": "idC6468260A2E9440A8013D4145A89E926", "header": "Colombia Relief and Development Coherence Strategy" }, { "text": "502. Senior Humanitarian Coordinator \n(a) Designation \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate a senior officer (to be known as the Senior Humanitarian Coordinator ), selected from among senior officers at the GS–15 level or equivalent, to coordinate Department of State and United States Agency for International Development humanitarian and development programming and policies for asylum seekers, refugees, internally displaced persons, and vulnerable migrants in the Western Hemisphere. (b) Location \nThe Senior Humanitarian Coordinator shall be based in Washington, DC. (c) Supervision \nThe Senior Humanitarian Coordinator shall report to the Assistant Secretary of State for Western Hemisphere Affairs and the Assistant Secretary of State for Population, Refugees, and Migration. (d) Duties \nThe Senior Humanitarian Coordinator shall— (1) ensure that United States assistance and diplomatic engagement with respect to the populations described in subsection (a), through all stages of displacement, is consistent with the strategy described in section 501(a) and similar strategies; and (2) coordinate all of the efforts, activities, and programs related to the strategy described in section 501(a), the interagency coordination required pursuant to section 501(b), and similar efforts across the Western Hemisphere region.", "id": "id04544f8697d2479e8ed3eb5ba311f4bc", "header": "Senior Humanitarian Coordinator" }, { "text": "503. Support for establishment of assisted voluntary return and reintegration programming \nThe Secretary of State is authorized to establish and contribute to a regional funding mechanism for Latin America and the Caribbean to support Assisted Voluntary Return and Reintegration programming for stranded migrants, particularly such migrants in Colombia, Panama, and Costa Rica. The programming shall include— (1) providing transportation to migrants’ country of origin; (2) providing increased support to migrants upon return to their country of origin; (3) capacity building for government and civil society to develop protection-sensitive entry and returns processes; (4) boosting migration data collection and analysis; and (5) stemming dangerous irregular migration through the Darien Gap.", "id": "id2e155392cbff460591f0b7856a99b39e", "header": "Support for establishment of assisted voluntary return and reintegration programming" }, { "text": "504. Assessment of healthcare infrastructure needs in rural areas \n(a) Assessment \nThe Director of the Centers for Disease Control and Prevention, in coordination with the Department of State, shall conduct an assessment with the Government of Colombia to identify initiatives to strengthen public health infrastructure and increase access to health services in conflict-affected communities in Colombia. The assessment shall include specific recommendations on ways to increase access to healthcare services for survivors of gender-based violence and Afro-Colombian and Indigenous populations. (b) Submission \nThe Director of the Centers for Disease Control and Prevention shall submit the assessment conducted under subsection (a) to the Committee on Foreign Relations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives.", "id": "id694ef9e16be1424bac5b85a4ff697a42", "header": "Assessment of healthcare infrastructure needs in rural areas" }, { "text": "505. Strategy for refugee resettlement in the Western Hemisphere \n(a) Resettlement strategy required \nThe Secretary of State shall develop and implement a 4-year refugee resettlement strategy for the Western Hemisphere. (b) Elements \nThe strategy required by subsection (a) shall include— (1) an assessment of legal protections for refugees in refugee-hosting countries; (2) an assessment of refugee integration in the Western Hemisphere; (3) an assessment of United States efforts to promote the resettlement of refugees, as much as possible, to other countries in the Western Hemisphere, to the greatest degree possible; (4) a description of challenges for increasing refugee resettlement rates for refugees from the Western Hemisphere; and (5) a description of how the United States is working with the United Nations High Commissioner for Refugees to increase the identification and referral of refugees in need of resettlement to the United States, including Venezuelans, Nicaraguans, Cubans, and Haitians. (c) Submission \nThe Secretary of State shall submit the strategy required by subsection (a) to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.", "id": "id838194ff38b04043a69dc26e8db21878", "header": "Strategy for refugee resettlement in the Western Hemisphere" }, { "text": "601. Authorities related to counternarcotics \nSubsection (d) of section 481 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 ) is amended to read as follows: (d) Use of herbicides for aerial eradication \n(1) Prohibition on herbicides \nNotwithstanding any other provision of law, none of the amounts authorized for assistance under subsection (a)(4) or any other provision of this Act may be used to purchase an herbicide or chemical agent for aerial eradication programs. (2) Technical assistance \nThe President, with the assistance of appropriate Federal agencies, is authorized to provide technical assistance to foreign governments related to the effective management, operation, and implementation of aerial eradication programs. (3) Monitoring \nThe President shall include in the annual international narcotics control strategy report required under section 489(a) reporting on the impact on the environment and the health of individuals of any technical assistance related to aerial eradication programs. (4) Report upon determination of harm to environment or health \nIf the President determines that any technical assistance related to aerial eradication programs is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, together with such recommendations as the President deems appropriate..", "id": "id804a6ce2e40c47879158bb7b8fe391a3", "header": "Authorities related to counternarcotics" }, { "text": "602. Ensuring the integrity of communications cooperation \n(a) Determination \nNotwithstanding any other provision of law, not later than 15 days after any Federal department or agency determines that any communications equipment provided by the United States to a foreign government has been used for unlawful purposes, the President shall provide to the appropriate congressional committees the following notifications: (1) Unclassified notification \nAn unclassified notification that indicates that such an incident occurred and the country in which it occurred. (2) Classified notification \nA classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. (b) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence of the Senate; (3) the Committee on Armed Services of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Permanent Select Committee on Intelligence of the House of Representatives; and (6) the Committee on Armed Services of the House of Representatives.", "id": "idb8ed7b813261404398cfb979847f4cc1", "header": "Ensuring the integrity of communications cooperation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Maternal Vaccinations Act.", "id": "id5691C8B2CB4B437FBFA5A233541E653C", "header": "Short title" }, { "text": "2. Maternal vaccination awareness and equity campaign \n(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ), acting through the Director of the Centers for Disease Control and Prevention, shall carry out a national campaign to— (1) increase awareness of the importance of maternal vaccinations for the health of pregnant and postpartum individuals and their children; and (2) increase maternal vaccination rates, with a focus on communities with historically high rates of unvaccinated individuals. (b) Consultation \nIn carrying out the campaign under this section, the Secretary shall consult with relevant community-based organizations, health care professional associations and public health associations, State public health departments and local public health departments, Tribal-serving organizations, nonprofit organizations, and nationally recognized private entities. (c) Activities \nThe campaign under this section shall— (1) focus on increasing maternal vaccination rates in communities with historically high rates of unvaccinated individuals, including for pregnant and postpartum individuals from racial and ethnic minority groups; (2) include efforts to engage with pregnant and postpartum individuals in communities with historically high rates of unvaccinated individuals to seek input on the development and effectiveness of the campaign; (3) provide evidence-based, culturally congruent resources and communications efforts; and (4) be carried out in partnership with trusted individuals and entities in communities with historically high rates of unvaccinated individuals, including community-based organizations, community health centers, perinatal health workers, and maternity care providers. (d) Collaboration \nThe Secretary shall ensure that the information and resources developed for the campaign under this section are made publicly available and shared with relevant Federal, State, and local entities. (e) Evaluation \nNot later than the end of fiscal year 2025, the Secretary shall— (1) establish quantitative and qualitative metrics to evaluate the campaign under this section; and (2) submit a report detailing the impact of the campaign under this section to Congress. (f) Definitions \nIn this Act: (1) Maternity care provider \nThe term maternity care provider means a health care provider who— (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (2) Perinatal health worker \nThe term perinatal health worker means a doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter, or navigator. (g) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2022 through 2026.", "id": "id5F85439B3A9A445197D67EAA9475C5F1", "header": "Maternal vaccination awareness and equity campaign" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Americans from Fentanyl Trafficking Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Placement of fentanyl-related substances in schedule I \n(a) In general \nSchedule I of section 202(c) of the Controlled substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end the following: (e) (1) Fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. (2) For purposes of paragraph (1), the term fentanyl-related substance means any substance that— (A) is not listed in another schedule; (B) has not been approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or granted an exemption for investigational use under subsection (i) of such section 505; and (C) is structurally related to fentanyl by— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; or (v) replacement of the N-propionyl group by another acyl group.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on January 28, 2022.", "id": "idF1AB91100CE6431F9AB975D03FC30AFD", "header": "Placement of fentanyl-related substances in schedule I" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Safe Home Act of 2021.", "id": "H66B5907C33EE4931BA0E59CBCEA195C5", "header": "Short title" }, { "text": "2. Sense of Congress \nIt is the sense of Congress that: (1) Adopted children may be most at risk of experiencing an unregulated custody transfer because the challenges associated with adoptions, including the child’s mental health needs and the difficulties many families face in acquiring support services, may lead families to seek out unregulated custody transfers. (2) Many adopted children experience trauma, and the disruption and placement in another home by unregulated custody transfer creates additional trauma and instability for the child. (3) Children who experience an unregulated custody transfer may be placed with families who have not completed required child welfare or criminal background checks or clearances. (4) Social services agencies and courts are often unaware of the placement of children through unregulated custody transfer and therefore do not conduct assessments on the child’s safety and well-being in such placements. (5) Such lack of placement oversight places a child at risk for future abuse and increases the likelihood that the child may experience— (A) physical, sexual, or emotional abuse or neglect; (B) contact with unsafe adults or youth; and (C) exposure to unsafe or isolated environments. (6) The caregivers with whom a child is placed through unregulated custody transfer often have no legal responsibility with respect to such child, placing the child at risk for additional unregulated custody transfers. (7) Such caregivers also may not have complete records, including birth, medical, or immigration records. (8) A child adopted through intercountry adoption may be at risk of not acquiring United States citizenship if an unregulated custody transfer occurs before the adoptive parents complete all necessary steps to finalize the adoption of such child. (9) Engaging in, or offering to engage in, unregulated custody transfer is a form of child abuse.", "id": "HBF97137A66A44483BEBBCCD28786EF55", "header": "Sense of Congress" }, { "text": "3. Treatment of unregulated custody transfer \n(a) In general \nSection 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended— (1) in paragraph (2)— (A) by striking or an act or failure and inserting an act or failure ; and (B) by inserting , or an unregulated custody transfer after serious harm ; (2) in paragraph (7), by striking ; and and inserting a semicolon; (3) in paragraph (8), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new paragraph: (9) the term unregulated custody transfer means the abandonment of a child by the child’s parent, legal guardian, or a person or entity acting on behalf, and with the consent, of such parent or guardian— (A) by placing a child with a person who is not— (i) the child’s parent, step-parent, grandparent, adult sibling, adult uncle or aunt, legal guardian, or other adult relative; (ii) a friend of the family who is an adult and with whom the child is familiar; or (iii) a member of the federally recognized Indian tribe of which the child is also a member; (B) with the intent of severing the relationship between the child and the parent or guardian of such child; and (C) without— (i) reasonably ensuring the safety of the child and permanency of the placement of the child, including by conducting an official home study, background check, and supervision; and (ii) transferring the legal rights and responsibilities of parenthood or guardianship under applicable Federal and State law to a person described in subparagraph (A).. (b) Technical amendment \nParagraph (5) of section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by striking 450b and inserting 5304. (c) Effective date \nThe amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this section.", "id": "H658E3468B5B84E5E896EDB89ECD59C7F", "header": "Treatment of unregulated custody transfer" }, { "text": "4. Report and guidance on unregulated custody transfers \nSection 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5114 ) is amended to read as follows: 204. Report and guidance on unregulated custody transfers \n(a) Report to Congress \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of State, shall provide to the Committee on Education and Labor of the House of Representatives, the Committee on Ways and Means of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on unregulated custody transfers of children, including of adopted children. (2) Elements \nThe report required under paragraph (1) shall include— (A) the causes, methods, and characteristics of unregulated custody transfers, including the use of social media and the internet; (B) the effects of unregulated custody transfer on children, including the lack of assessment of a child’s safety and well-being by social services agencies and courts due to such unregulated custody transfer; (C) the prevalence of unregulated custody transfers within each State and across all States; and (D) recommended policies for preventing, identifying, and responding to unregulated custody transfers, including of adopted children, that include— (i) amendments to Federal and State law to address unregulated custody transfers; (ii) amendments to child protection practices to address unregulated custody transfers; and (iii) methods of providing the public information regarding adoption and child protection. (b) Guidance to States \n(1) In general \nNot later than 1 year after the date of the enactment of this section, the Secretary, in consultation with the Secretary of State, shall issue guidance and technical assistance to States related to preventing, identifying, and responding to unregulated custody transfers, including of adopted children. (2) Elements \nThe guidance required under paragraph (1) shall include— (A) education and training materials related to preventing, identifying, and responding to unregulated custody transfers for employees of State, local, and Tribal agencies that provide child welfare services; (B) model State laws with respect to unregulated custody transfers; and (C) guidance on appropriate pre-adoption training and post-adoption services for domestic and international adoptive families to promote child permanency. (c) Definitions \nIn this section— (1) the term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (2) the term unregulated custody transfer has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act..", "id": "H1D25CC9279E6404986C45DF8C666046E", "header": "Report and guidance on unregulated custody transfers" }, { "text": "204. Report and guidance on unregulated custody transfers \n(a) Report to Congress \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of State, shall provide to the Committee on Education and Labor of the House of Representatives, the Committee on Ways and Means of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on unregulated custody transfers of children, including of adopted children. (2) Elements \nThe report required under paragraph (1) shall include— (A) the causes, methods, and characteristics of unregulated custody transfers, including the use of social media and the internet; (B) the effects of unregulated custody transfer on children, including the lack of assessment of a child’s safety and well-being by social services agencies and courts due to such unregulated custody transfer; (C) the prevalence of unregulated custody transfers within each State and across all States; and (D) recommended policies for preventing, identifying, and responding to unregulated custody transfers, including of adopted children, that include— (i) amendments to Federal and State law to address unregulated custody transfers; (ii) amendments to child protection practices to address unregulated custody transfers; and (iii) methods of providing the public information regarding adoption and child protection. (b) Guidance to States \n(1) In general \nNot later than 1 year after the date of the enactment of this section, the Secretary, in consultation with the Secretary of State, shall issue guidance and technical assistance to States related to preventing, identifying, and responding to unregulated custody transfers, including of adopted children. (2) Elements \nThe guidance required under paragraph (1) shall include— (A) education and training materials related to preventing, identifying, and responding to unregulated custody transfers for employees of State, local, and Tribal agencies that provide child welfare services; (B) model State laws with respect to unregulated custody transfers; and (C) guidance on appropriate pre-adoption training and post-adoption services for domestic and international adoptive families to promote child permanency. (c) Definitions \nIn this section— (1) the term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (2) the term unregulated custody transfer has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act.", "id": "H9A9189E6E01048F68150733E93D362A3", "header": "Report and guidance on unregulated custody transfers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Sickle Cell Disease Comprehensive Care Act.", "id": "HA79558D9CC6049EAAC8963718EE60076", "header": "Short title" }, { "text": "2. Medicaid demonstration project to improve outpatient clinical care for individuals with sickle cell disease \nSection 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (cc) Demonstration project To improve outpatient clinical care for individuals with sickle cell disease \n(1) In general \nNotwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this subsection, not later than the date that is 1 year after the date of the enactment of this subsection, the Secretary shall, in consultation, as appropriate, with the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, and the Deputy Assistant Secretary for Minority Health, conduct a 5-year demonstration project (referred to in this subsection as the demonstration project ) for the purpose described in paragraph (2) under which the Secretary shall— (A) for the first 18-month period of such project, award planning grants described in paragraph (3); and (B) for the remaining 42-month period of such project, provide payments to each State selected under paragraph (4) in accordance with paragraph (5). (2) Purpose \nThe purpose described in this paragraph is for each State that participates in the demonstration project to improve access to high-quality outpatient care for individuals receiving services under the State plan (or waiver of such plan) who are living with sickle cell disease (with a focus on, but not limited to, young adults and pregnant women), to improve clinical, mental health, ancillary, and support services, and to reduce overall and long-term costs, as appropriate, to the State associated with treating individuals with sickle cell disease under the State plan (or waiver of such plan) through the following activities: (A) Supporting the creation or augmentation of multi-disciplinary care teams that include the physicians needed to adequately treat an individual for sickle cell disease and its complications, as determined by the Secretary in consultation with the appropriate stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (B) Conducting an assessment of the barriers to care experienced by individuals with sickle cell disease enrolled under the State plan (or waiver of such plan), taking into account social, demographic, and economic factors, geography, provider shortages, and other issues contributing to health inequities, as determined by the Secretary in consultation with relevant stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (C) Identifying best practices for improving health equity for individuals with sickle cell disease enrolled under the State plan (or waiver of such plan) which take into account the results of the assessment described in subparagraph (B), and communicating such best practices through the provision of education, training, and technical assistance to providers participating under the State plan (or waiver of such plan), including to care teams described in subparagraph (A). (D) Expanding expertise of providers participating under the State plan (or waiver of such plan) on care for sickle cell disease by disseminating clinical practice guidelines for sickle cell disease and providing education, training, and technical assistance with respect to such guidelines to such providers. (E) Ensuring that sickle cell disease patients enrolled under the State plan (or waiver of such plan) are getting primary and preventive services in an appropriate outpatient setting or through telehealth services, as appropriate, including by providing additional reimbursement for care coordinators, community health workers, and other non-traditional service providers. (F) Developing an individualized, comprehensive, patient-centered care plan for individuals with sickle cell disease that accommodates patient preferences in a culturally and linguistically appropriate manner. (G) Ensuring that sickle cell disease patients enrolled under the State plan (or waiver of such plan) are provided with coordination of, and access to, the following services, as determined to be clinically appropriate: (i) Treatments and medications, including chronic and exchange transfusions and disease-modifying medications. (ii) Appropriate diagnostic testing such as magnetic resonance imaging. (iii) Pain management treatment and palliative care. (iv) Services provided by subspecialists such as obstetricians and gynecologists, reproductive health specialists, urologists, ophthalmologists, neurologists, nephrologists, psychologists, orthopedists, cardiologists, and pulmonologists. (v) Supportive clinical services, including vision and dental care. (vi) Mental health services and substance use disorder treatment. (vii) Transportation to medical services and social support services and referrals to community-based organizations. (viii) Any other therapies approved by the Food and Drug Administration for the treatment of sickle cell disease or its complications. (ix) Any other services deemed appropriate for the treatment of sickle cell disease or its complications by the State. (H) Providing other services or taking other actions deemed necessary to improve treatment of sickle cell disease under the State plan (or waiver of such plan), as determined by the Secretary in coordination with relevant stakeholders, including organizations representing sickle cell disease patients, hematologists, and other specialists in sickle cell disease care and treatment. (3) Planning grants \n(A) In general \nThe Secretary shall award planning grants to at least 10 States selected in accordance with subparagraph (B) for purposes of preparing an application described in paragraph (4)(C) and carrying out the activities described in subparagraph (C). (B) Selection \nIn selecting States for purposes of this paragraph, the Secretary shall— (i) select States that have a State plan approved under this title; (ii) give priority to States that have participated in the sickle cell disease surveillance data collection program of the Centers for Disease Control and Prevention or precursors to such program; and (iii) select States in a manner to recognize States with a higher prevalence of sickle cell disease patients that could be reached through this demonstration project. (C) Activities described \nActivities described in this subparagraph are, with respect to a State, each of the following: (i) Activities that support an assessment of the treatment needs and gaps in care in the State for individuals with sickle cell disease in order to improve the network of providers that treat this population, including the following: (I) An estimate of the number of individuals enrolled under the State plan (or a waiver of such plan) who have sickle cell disease. (II) Information on the capacity of providers with the knowledge needed to treat sickle cell disease and the complications of sickle cell disease, including information on providers who provide such services and their participation under the State plan (or waiver of such plan). (III) Information on the gaps in care for treatment of individuals with sickle cell disease under the State plan (or waiver of such plan), including information based on the assessments described in subclauses (I) and (II). (ii) Activities that, taking into account the results of the assessment described in clause (i), support the development of State infrastructure to recruit prospective providers and provide training and technical assistance to providers with respect to treatment of sickle cell disease under the State plan (or a waiver of such plan). (D) Funding \nFor the purpose of making grants under this paragraph, there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000, to remain available until expended. (4) Post-planning grant states \n(A) In general \nThe Secretary shall, with respect to the remaining 42-month period of the demonstration project conducted under paragraph (1), select up to 10, but not less than 5 States in accordance with subparagraph (B) for purposes of carrying out the activities described in paragraph (2) and receiving payments in accordance with paragraph (5). The Secretary may select all States that received a planning grant in paragraph (3). (B) Selection \nIn selecting States for purposes of this paragraph, the Secretary shall— (i) select States that received a planning grant under paragraph (3) and have successfully completed the activities described in subparagraph (C) of such paragraph; (ii) select States that submit to the Secretary an application in accordance with the requirements in subparagraph (C); and (iii) select States in a manner consistent with reaching as many sickle cell disease patients as possible through the demonstration project. (C) Applications \n(i) In general \nA State seeking to be selected for purposes of this paragraph shall submit to the Secretary, at such time and in such form and manner as the Secretary requires, an application that includes such information as the Secretary may require, in addition to the following: (I) A proposed process for carrying out the activities described in paragraph (2). (II) A review of reimbursement methodologies and other policies related to sickle cell disease treatment under the State plan (or waiver of such plan) that may create barriers to increasing the number of providers delivering such services. (III) The development of a plan, taking into account activities carried out under paragraph (3)(C)(ii), that will result in long-term and sustainable provider networks under the State plan (or waiver of such plan) for sickle cell disease. (IV) A proposed process for reporting the information required under paragraph (6)(A). (V) The expected financial impact of the demonstration project under this subsection on the State. (VI) A description of all funding sources available to the State to provide treatment for sickle cell disease under the State plan (or waiver of such plan) in the State. (VII) A preliminary plan for how the State will sustain any increase in the capacity of providers to deliver treatment for sickle cell disease and the complications of sickle cell disease resulting from the demonstration project under this subsection after the termination of such demonstration project. (VIII) A description of how the State will coordinate the goals of the demonstration project with any waiver granted (or submitted by the State and pending) pursuant to section 1115 for the delivery of services to treat sickle cell disease under the State plan, as applicable. (ii) Consultation \nIn completing an application under clause (i), a State shall consult with relevant stakeholders, including Medicaid managed care plans, hematologists and other sickle cell disease specialists, and Medicaid beneficiaries and sickle cell disease advocates, and include in such application a description of such consultation. (5) Payments \n(A) Enhanced FMAP for sickle cell disease treatment \nNotwithstanding section 1905(b), for each quarter occurring during the period for which the demonstration project is conducted (after the first 18 months of such period), the Federal medical assistance percentage for each State selected under paragraph (4) with respect to amounts expended by the State for medical assistance for medically necessary services to treat sickle cell disease shall be equal to 100 percent. (B) Case management services for sickle cell disease patients \n(i) In general \nDuring the period for which the demonstration project is conducted (after the first 18 months of such period), a State selected under paragraph (4) may provide a multi-disciplinary care team described in paragraph (2)(A) with payments for the provision of case management and care coordination services to an individual with sickle cell disease who is eligible under the State plan (or waiver of such plan). Payments made to such a team shall be treated as medical assistance for purposes of section 1903(a) except that the Federal medical assistance percentage applicable to such payments shall be equal to 100 percent. (ii) Methodology \nA State that elects to make case management and care coordination payments to a multi-disciplinary care team under this subparagraph shall specify in a State's application under paragraph (4) the methodology the State will use for determining payment for the provision of such services. Such methodology shall not be limited to a per-member-per-month basis and may provide (as proposed by the State and subject to approval by the Secretary) for alternate models of payment. (6) Reports \n(A) State reports \nA State receiving payments under paragraph (5) shall, for the period of the demonstration project under this subsection, submit to the Secretary a quarterly report, with respect to expenditures for treatment of sickle cell disease and complications of sickle cell disease for which payment is made to the State under this subsection, on the following: (i) The specific activities with respect to which payment under this subsection was provided. (ii) The number of individuals enrolled under the State plan (or a waiver of such plan) who received treatment for sickle cell disease or complications related to sickle cell disease under the demonstration project compared to the estimated number of such individuals who would have otherwise received such services in the absence of such demonstration project. (iii) The number of individuals enrolled under the State plan (or waiver of such plan) who received treatment for sickle cell disease or complications related to sickle cell disease under the demonstration project who utilized the services beyond clinical sickle cell disease services, including mental health, ancillary and support services and the impact on their health outcomes, including emergency department visits and inpatient hospital stays. (iv) The reductions in inpatient days, reductions in emergency department visits, and reductions in the total cost of care compared to these metrics before the demonstration project was implemented. (v) Other matters as determined by the Secretary. (B) CMS reports \n(i) Initial report \nNot later than 18 months after the date of enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Administrator of the Health Resources and Services Administration, shall submit to Congress an initial report on— (I) the States awarded planning grants under paragraph (3); (II) the criteria used in such selection; and (III) the activities carried out by such States under such planning grants. (ii) Interim report \nNot later than 3 years after the date of enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services shall, submit to Congress an interim report— (I) on activities carried out under the demonstration project under this subsection; (II) on the extent to which States selected under paragraph (4) have achieved the activities submitted in their applications under subparagraph (C) of such paragraph; (III) with a description of the strengths and limitations of such demonstration project; and (IV) with a plan for the sustainability of such project. (iii) Final report \nNot later than 1 year following the implementation of the demonstration project, the Secretary shall submit to Congress and make public a final report— (I) providing updates on the matters reported in the interim report under clause (ii); (II) including a description of any changes made with respect to the demonstration project under this subsection after the submission of such interim report; and (III) evaluating such demonstration project. (C) Report on experiences of States \nNot later than 3 years after the date of the enactment of this subsection, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Director of the Agency for Healthcare Research and Quality, shall submit to Congress a summary on the experiences of States awarded planning grants under paragraph (3) and States selected under paragraph (4). (7) Data sharing and best practices \nDuring the period of the demonstration project under this subsection, the Secretary shall, in collaboration with States selected under paragraph (4), facilitate information sharing and the exchange of identified best practices between— (A) providers who treat sickle cell disease; and (B) States selected under paragraph (4) and States that were not so selected. (8) CMS funding \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, $50,000,000 to the Centers for Medicare & Medicaid Services for purposes of implementing this subsection, including completing the reports to Congress required under this Act. Such amount shall remain available until expended..", "id": "H9D04A5FDAE35404ABFE09BE84237A70E", "header": "Medicaid demonstration project to improve outpatient clinical care for individuals with sickle cell disease" } ]

[ { "text": "1. Report on efforts to capture and detain United States citizens as hostages \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on efforts by the Government of Venezuela to detain United States citizens and permanent residents. (b) Elements \nThe report required under subsection (a) shall include, regarding the seizure and detainment of United States citizens or permanent resident aliens— (1) the names and positions of Venezuelan persons or those acting on their behalf who have engaged in those activities; (2) a description of any roles played by transnational criminal organizations, and an identification of those organizations; and (3) where relevant, an assessment of whether and how United States citizens and permanent resident aliens have been lured to Venezuela. (c) Form \nThe report required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex listing the total number of United States citizens and permanent resident aliens presently in custody of Venezuelan state actors operating in the hemisphere. (d) Appropriate committees of Congress defined \nIn this Act, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.", "id": "S1", "header": "Report on efforts to capture and detain United States citizens as hostages" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Guaranteed Refugee Admission Ceiling Enhancement Act or the GRACE Act.", "id": "S1", "header": "Short title" }, { "text": "2. Admission of refugees \nSection 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) is amended— (1) in subsection (a)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general \nExcept as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year shall be such number as the President determines is— (A) justified by humanitarian concerns or otherwise in the national interest; and (B) not fewer than 125,000. (2) Absence of determination \nIf the President does not issue a determination under paragraph (1) before the beginning of a fiscal year, the number of refugees who may be admitted under this section shall be 125,000. ; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (7), respectively; (C) by inserting after paragraph (2) the following: (3) Numerical goals \nEach officer of the Federal Government responsible for refugee admissions or refugee resettlement shall treat as the numerical goals for refugee admissions under this section for the applicable fiscal year— (A) (i) a determination under paragraph (1); or (ii) in the absence of a determination under paragraph (1), the number under paragraph (2); and (B) a determination under subsection (b). ; and (D) by inserting after paragraph (4), as redesignated, the following: (5) Consideration of resettlement needs \nIn making a determination under paragraph (1), the President shall consider the number of refugees who, during the calendar year beginning immediately after the beginning of the applicable fiscal year, are in need of resettlement in a third country, as determined by the United Nations High Commissioner for Refugees in the most recently published projected global resettlement needs report. (6) Regional allocations \nThe President shall determine regional allocations for admissions under this subsection, which shall— (A) consider the projected needs identified by the United Nations High Commissioner for Refugees in the projected global resettlement needs report for the calendar year beginning immediately after the beginning of the applicable fiscal year; and (B) include an unallocated reserve that the Secretary of State, after notifying the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives , may use for 1 or more regions in which the need for additional refugee admissions arises. ; and (2) by adding at the end the following: (g) Quarterly reports on admissions \nNot later than 15 days after the last day of each quarter, the President shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: (1) Refugees admitted \n(A) The number of refugees admitted to the United States during the preceding quarter. (B) The number of refugees admitted to the United States during the preceding quarter, expressed as a percentage of the number of refugees authorized to be admitted in accordance with the determinations under subsections (a) and (b) for the applicable fiscal year. (C) The cumulative number of refugees admitted to the United States during the applicable fiscal year, as of the last day of the preceding quarter. (D) The number of refugees to be admitted to the United States during the remainder of the applicable fiscal year so as to achieve the numerical goals set forth in the determinations under subsections (a) and (b) for such fiscal year. (E) The number of refugees from each region admitted to the United States during the preceding quarter, expressed as a percentage of the allocation for each region under subsection (a)(6) for the applicable fiscal year. (2) Aliens with Security Advisory Opinions \n(A) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were security-cleared during the preceding quarter, expressed as a percentage of all cases successfully adjudicated by the Director of the U.S. Citizenship and Immigration Services in the applicable fiscal year. (B) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were admitted to the United States during the preceding quarter. (3) Circuit rides \n(A) For the preceding quarter— (i) the number of Refugee Corps officers deployed on circuit rides, expressed as a percentage of the overall number of Refugee Corps officers; (ii) the number of individuals interviewed— (I) on each circuit ride; and (II) at each circuit ride location; (iii) the number of circuit rides; and (iv) for each circuit ride— (I) the duration of the circuit ride; (II) the average number of interviews conducted daily on the circuit ride; and (III) the percentages of interviews conducted for— (aa) individuals who require Security Advisory Opinions; and (bb) individuals who do not require Security Advisory Opinions. (B) For the subsequent quarter— (i) the number of circuit rides scheduled; and (ii) the number of circuit rides planned. (4) Processing \nFor the preceding quarter— (A) the average number of days between— (i) the date on which an individual is identified by the United States Government as a refugee; and (ii) the date on which such individual is interviewed by the Secretary of Homeland Security; (B) the average number of days between— (i) the date on which an individual identified by the United States Government as a refugee is interviewed by the Secretary of Homeland Security; and (ii) the date on which such individual is admitted to the United States; and (C) with respect to individuals identified by the United States Government as refugees who have been interviewed by the Secretary of Homeland Security, the approval, denial, and hold rates for the applications for admission of such individuals, by nationality. (5) Plan and additional information \n(A) A plan that describes the procedural or personnel changes necessary to ensure the admission of the number of refugees authorized to be admitted to the United States in accordance with determinations under subsections (a) and (b), including a projection of the number of refugees to be admitted to the United States each month so as to achieve the numerical goals set forth in such determinations. (B) Additional information relating to the pace of refugee admissions, as determined by the President. (h) Rule of construction \nNothing in this section may be construed— (1) to inhibit the expeditious processing of refugee and asylum applications; or (2) to restrict the authority of the Secretary of Homeland Security to admit aliens to the United States under any other Act..", "id": "id6F2F5472F34F41D199E33B79CC8E6575", "header": "Admission of refugees" } ]

[ { "text": "1. U.S. Senator Dennis Chávez Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 400 North Main Street in Belen, New Mexico, shall be known and designated as the U.S. Senator Dennis Chávez Post Office. (b) References \nAny 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 U.S. Senator Dennis Chávez Post Office.", "id": "id3527f6387aaf4bbe820f7c2b167da172", "header": "U.S. Senator Dennis Chávez Post Office" } ]

[ { "text": "1. U.S. Senator Dennis Chávez Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 400 North Main Street in Belen, New Mexico, shall be known and designated as the U.S. Senator Dennis Chávez Post Office. (b) References \nAny 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 U.S. Senator Dennis Chávez Post Office.", "id": "id3527f6387aaf4bbe820f7c2b167da172", "header": "U.S. Senator Dennis Chávez Post Office" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Acting on the Annual Duplication Report Act of 2021. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Title I—Department of Defense Sec. 101. Enhancing Federal revenue through reviewing and reporting on use and management of administrative surcharges under foreign military sales program. Sec. 102. Modification of calculation of military housing contractor pay for privatized military housing. Title II—Department of Education Sec. 201. Maximizing effective use and recoupment of Federal student loans by closing the forbearance loophole and amending default rates. Title III—Department of Energy Sec. 301. Increasing Federal revenue by reviewing and reporting on optimal size of Strategic Petroleum Reserve. Title IV—Department of Housing and Urban Development Sec. 401. Optimizing revenue intake and saving taxpayer dollars at Ginnie Mae by assessing current practices and exploring alternative governance structures to provide better oversight. Title V—Department of the Treasury Sec. 501. Saving Federal funds by authorizing changes to the composition of circulating coins. Sec. 502. Reducing the resource drain by requiring that electronically prepared paper returns include scannable code. Sec. 503. Protecting the security of taxpayer information held by third-party providers by improving coordination and establishing minimum security requirements to reduce fragmentation.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Findings; sense of Congress \n(a) Findings \nCongress makes the following findings: (1) The annual reports prepared by the Comptroller General of the United States under section 21 of the Joint Resolution entitled Joint Resolution increasing the statutory limit on the public debt , approved February 12, 2010 ( 31 U.S.C. 712 note; Public Law 111–139 ), have produced approximately $429,000,000,000 in financial benefits for the Federal Government. (2) 2021 marks the 100-year anniversary of the creation of the Government Accountability Office and its contributions to improving the management and fiscal responsibility of the Federal Government. (3) The 2021 report entitled Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions in Financial Benefits (GAO–21–455SP) identified 112 new actions that Congress or the executive branch can take to improve efficiency and effectiveness across the Federal Government, and potentially to save tens of billions of dollars. (4) Those financial benefits cannot be realized without full implementation of the actions and recommendations set forth by the Comptroller General of the United States. (5) Of the 112 new actions, one requires legislation to be fully implemented, and it concerns adjusting the rate calculation for paying military housing contractors. (b) Sense of Congress \nIt is the sense of Congress that— (1) it is the responsibility of Congress and the executive branch to take action to implement recommendations made in the annual reports of the Government Accountability Office on reducing duplication in Federal programs to be good stewards of taxpayer dollars; (2) legislation and adequate resources are needed to ensure that all potential financial benefits are realized from the implementation of those recommendations; and (3) while some recommendations for congressional action from previous reports have been resolved, Congress must continue to pursue the recommendations that have gone unaddressed in addition to the new recommendation for action presented in the 2021 report.", "id": "id546407c41ca64c9091293b523c5f50d0", "header": "Findings; sense of Congress" }, { "text": "101. Enhancing Federal revenue through reviewing and reporting on use and management of administrative surcharges under foreign military sales program \n(a) Foreign military sales program defined \nIn this section, the term foreign military sales program means the program authorized under chapter 2 of the Arms Export Control Act ( 22 U.S.C. 2761 et seq. ). (b) Review \n(1) In general \nThe Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall review options for expanding the use of administrative surcharges under the foreign military sales program, including practices for managing administrative surcharges and contract administration services surcharges. (2) Matters to be included \nThe review conducted under paragraph (1) shall include the following: (A) A determination of which specific expenses are incurred by the United States Government in operation of the foreign military sales program that the administrative surcharge does not pay for as of the date of the enactment of this Act. (B) The estimated annual cost of each of such specific expenses. (C) An assessment of the costs and benefits of funding such specific expenses through the administrative surcharge, including any data to support such an assessment. (D) An assessment of how the Department of Defense calculates the lower bound, or safety level, for the administrative surcharge account and the contract administration services surcharge account, including what specific factors inform the calculation and whether such a method for calculating the safety level is still valid or should be revisited. (E) An assessment of the process used by the Department of Defense to review and set rates for the administrative surcharge and the contract administration services surcharge, including the extent to which outside parties are consulted and any proposals the Department of Defense may have for better ensuring that the rates are set appropriately. (F) Such other matters as the Secretary of Defense determines to be appropriate. (c) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on— (1) the findings of the review conducted under subsection (b); and (2) any legislative changes needed to allow the administrative surcharge under the foreign military sales program to pay for any expenses currently not covered by that surcharge.", "id": "id1b45d340d9864f378371857fa452842e", "header": "Enhancing Federal revenue through reviewing and reporting on use and management of administrative surcharges under foreign military sales program" }, { "text": "102. Modification of calculation of military housing contractor pay for pri­va­tized military housing \nSection 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note) is amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii).", "id": "id26e8cfcd90264afc96e8c1539c032e1d", "header": "Modification of calculation of military housing contractor pay for pri­va­tized military housing" }, { "text": "201. Maximizing effective use and recoupment of Federal student loans by closing the forbearance loophole and amending default rates \n(a) Default management plan \nSection 435(a)(7)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(a)(7)(A) ) is amended— (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following: (ii) Prohibition \nThe plan required under clause (i) shall not include placing students in forbearance as a means of reducing the cohort default rate of the institution.. (b) Forbearance rules \nSection 435(m)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m)(1) ) is amended by adding at the end the following: (D) With respect to a cohort default rate calculated for an institution under this paragraph for fiscal year 2021 and for each succeeding fiscal year, the cohort default rate shall be calculated such that in determining the number of current and former students at an institution who enter repayment for such fiscal year— (i) any student who is in nonmandatory forbearance for such fiscal year for a period of greater than 18 months but less than 36 months shall not be counted as entering repayment for that fiscal year; (ii) any student described in clause (i) shall be counted as entering repayment for the first fiscal year for which the student ceases to be in a period of forbearance and otherwise meets the requirements for being in repayment; and (iii) any student who is in a period of nonmandatory forbearance for 3 or more years shall be counted as in default and included in the institution’s total number of students in default..", "id": "id93184d4d694144c8a391ad57d12ec321", "header": "Maximizing effective use and recoupment of Federal student loans by closing the forbearance loophole and amending default rates" }, { "text": "301. Increasing Federal revenue by reviewing and reporting on optimal size of Strategic Petroleum Reserve \n(a) Review \n(1) In general \nThe Secretary of Energy (referred to in this section as the Secretary ) shall conduct a review of options for a long-range target for the optimal size and configuration of the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ) (referred to in this section as the Reserve ). (2) Matters to be considered \nIn conducting the review under paragraph (1), the Secretary shall consider— (A) the volume of petroleum and petroleum products to be held in the Reserve; (B) the infrastructure and modernization needs of the Reserve; (C) the projections for future oil production and consumption in the United States; (D) the efficacy of the existing Reserve to respond to domestic supply disruptions; (E) the obligations of the International Energy Agency; (F) the expected responses of the private sector to any supply disruptions due to a suboptimal size and configuration of the Reserve; and (G) the costs and benefits of a range of potential sizes and configurations of the Reserve. (b) Report \nNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing— (1) the findings of the review conducted under subsection (a); and (2) recommendations for legislation needed to optimize the size and configuration of the Reserve.", "id": "id082828eb49734baca2856790d93cd70f", "header": "Increasing Federal revenue by reviewing and reporting on optimal size of Strategic Petroleum Reserve" }, { "text": "401. Optimizing revenue intake and saving taxpayer dollars at Ginnie Mae by assessing current practices and exploring alternative governance structures to provide better oversight \n(a) Definitions \nIn this section— (1) the term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Oversight and Reform of the House of Representatives; (2) the term Association means the Government National Mortgage Association; and (3) the term Secretary means the Secretary of Housing and Urban Development. (b) Guaranty fee study and report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study and submit to the appropriate congressional committees and the Comptroller General of the United States a report on the adequacy of the guaranty fee of the Association for single-family mortgage-backed securities, which shall— (1) evaluate the extent to which the level of the guaranty fee for single-family mortgage-backed securities provides the Association with sufficient reserves to cover potential losses under different economic scenarios, including adverse scenarios, based on an actuarial or similar analysis; (2) identify the types of standards that the Association could use to set the guaranty fee for single-family mortgage-backed securities and evaluate which standard or standards would enable the Association to set the guaranty fee at an appropriate level in line with the mission of the Association; (3) assess the benefits and costs of adopting a risk-based guaranty fee for single-family mortgage-backed securities that imposes a higher fee on higher risk issuers; (4) analyze how and to what extent an increase in the guaranty fee (for all issuers and a subset of riskier issuers) would affect borrowers’ financing, closing, and other related costs for federally insured mortgage loans; and (5) if warranted, include recommendations for any necessary amendments to the National Housing Act ( 12 U.S.C. 1701 et seq. ) to change the guaranty fee for single-family mortgage-backed securities, including for establishing a standard under which the Association can determine the level of the guaranty fee for single-family mortgage-backed securities. (c) Reliance on contractors study and report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study and submit to the appropriate congressional committees and the Comptroller General of the United States a report evaluating the workforce composition of the Association in consideration of the critical functions of the Association, which shall— (1) analyze— (A) the number of Federal employees and contractors by type of role or position that the Association uses to perform compliance, risk management, and other critical functions, and the cost of a full-time equivalent Federal employee versus a contractor for comparable roles or positions; (B) the extent to which the Association could use Federal employees instead of contractors by role or position to perform critical functions; (C) the types and amounts of costs that the Association could save by using Federal employees instead of contractors, where possible, to perform critical functions, such as savings from differences in pay and not having to oversee contractors; (D) whether the Association would face any legal or other obstacles in using Federal employees instead of contractors to perform critical functions; and (E) the potential negative and positive effects of using Federal employees instead of contractors on the ability of the Association to achieve the mission of the Association; and (2) if warranted, include recommendations for any necessary amendments to the National Housing Act ( 12 U.S.C. 1701 et seq. ) to change the funding structure of the Association. (d) Compensation structure study and report \nNot later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study and submit to the appropriate congressional committees and the Comptroller General of the United States a report evaluating the workforce challenges of the Association, which shall— (1) analyze, quantitatively to the extent possible, the challenges of the Association in hiring and retaining staff, including compensation, during the 3-year period preceding the report; (2) identify and summarize the options that the Association has pursued within existing authorities to address the staffing challenges of the Association, including which agencies or offices were involved, and the key decisions and outcomes of those efforts; (3) identify options that the Association did not pursue within existing authorities to address the staffing challenges of the Association and the reasons for not pursuing those options; (4) identify and evaluate options outside of existing authorities that the Association could use to address the staffing challenges of the Association and the potential benefits and costs of those options; and (5) if warranted, include recommendations for any necessary amendments to the National Housing Act ( 12 U.S.C. 1701 et seq. ) to change how the Government National Mortgage Association sets compensation. (e) Review of reforms to Ginnie Mae’s organizational and oversight structure \nThe Comptroller General of the United States shall conduct a study and submit to the appropriate congressional committees a report on alternate ways of overseeing the Association to address increasing risks, which shall— (1) review the reports submitted by the Secretary under subsections (b), (c), and (d) to determine if the reports addressed the required provisions and assess any recommendations made in those reports; (2) identify key challenges or constraints that the Association has faced under the governance and funding structure of the Association as a government corporation within the Department of Housing and Urban Development; (3) identify alternative models under which the governance and funding structure of the Association could be reorganized to better support housing policy priorities in the United States and to ensure that the Association fulfilling the role of increasing liquidity in the housing finance market while also minimizing risk to the taxpayer; (4) evaluate the potential positive and negative impacts of the models described in paragraph (3) on the Association, the Department of Housing and Urban Development, and other stakeholders; (5) obtain input from relevant stakeholders, such as Federal entities, lenders, issuers, investors, affordable housing advocates, and researchers, on reforms to the organizational and oversight structure of the Association; (6) consider the housing finance system and ways in which alternative oversight structures of the Association could impact the system; and (7) review such other information as the Comptroller General determines relevant.", "id": "id3c6e76d8c6914c1d8be31d3d18ea3346", "header": "Optimizing revenue intake and saving taxpayer dollars at Ginnie Mae by assessing current practices and exploring alternative governance structures to provide better oversight" }, { "text": "501. Saving Federal funds by authorizing changes to the composition of circulating coins \n(a) Section 5112 of title 31, United States Code, is amended by adding at the end the following: (bb) Composition of circulating coins \n(1) In general \nNotwithstanding any other provision of law, and subject to the other provisions of this subsection, the Director of the United States Mint (referred to in this subsection as the Director ), in consultation with the Secretary, may modify the metallic composition of circulating coins to a new metallic composition (including by prescribing reasonable manufacturing tolerances with respect to those coins) if a study and analysis conducted by the United States Mint, including solicitation of input, including input on acceptor tolerances and requirements, from industry stakeholders who could be affected by changes in the composition of circulating coins, indicates that the modification will— (A) reduce costs incurred by the taxpayers of the United States; (B) be seamless, which shall mean the same diameter and weight as United States coinage being minted on the date of enactment of this subsection and that the coins will work interchangeably in most coin acceptors using electromagnetic signature technology; and (C) have as minimal an adverse impact as possible on the public and stakeholders. (2) Notification to Congress \nOn the date that is at least 90 legislative days before the date on which the Director begins making a modification described in paragraph (1), the Director shall submit to Congress notice that— (A) provides a justification for the modification, including the support for that modification in the study and analysis required under paragraph (1) with respect to the modification; (B) describes how the modification will reduce costs incurred by the taxpayers of the United States; (C) certifies that the modification will be seamless, as described in paragraph (1)(B); and (D) certifies that the modification will have as minimal an adverse impact as possible on the public and stakeholders. (3) Congressional authority \nThe Director may begin making a modification proposed under this subsection not earlier than the date that is 90 legislative days after the date on which the Director submits to Congress the notice required under paragraph (2) with respect to that modification, unless Congress, during the period of 90 legislative days beginning on the date on which the Director submits that notice— (A) finds that the modification is not justified in light of the information contained in that notice; and (B) enacts a joint resolution of disapproval of the proposed modification. (4) Procedures \nFor purpose of paragraph (3)— (A) a joint resolution of disapproval is a joint resolution the matter after the resolving clause of which is as follows: That Congress disapproves the modification submitted by the Director of the United States Mint. ; and (B) the procedural rules in the House of Representatives and the Senate for a joint resolution of disapproval described under paragraph (3) shall be the same as provided for a joint resolution of disapproval under chapter 8 of title 5, United States Code.. (b) Determination of budgetary effects \nThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.", "id": "id21d35a2a06e84043bd43d983de06aa7b", "header": "Saving Federal funds by authorizing changes to the composition of circulating coins" }, { "text": "502. Reducing the resource drain by requiring that electronically prepared paper returns include scannable code \n(a) In General \nSubsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Special rule for returns prepared electronically and submitted on paper \nThe Secretary shall require that any return of tax which is prepared electronically, but is printed and filed on paper, bear a code which can, when scanned, convert such return to electronic format.. (b) Conforming amendment \nParagraph (1) of section 6011(e) of such Code is amended by striking paragraph (3) and inserting paragraphs (3) and (8). (c) Effective date \nThe amendments made by this section shall apply to returns of tax the due date for which (determined without regard to extensions) is after December 31, 2021.", "id": "ide9e8904ba77249cfb7ed368e21e57165", "header": "Reducing the resource drain by requiring that electronically prepared paper returns include scannable code" }, { "text": "503. Protecting the security of taxpayer information held by third-party providers by improving coordination and establishing minimum security requirements to reduce fragmentation \n(a) Regulation of security requirements for tax return preparers and authorized E-File providers \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall prescribe standards for the security of return information and information technology systems that are consistent with security standards issued by the National Institute for Standards and Technology. (2) Penalty for failure to secure information \n(A) In general \nSection 6695 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Failure To comply with electronic return security standards \nAny person who is authorized by the Secretary to provide electronic filing services and who fails to secure return information and information technology standards in such manner as prescribed by the Secretary shall pay a penalty of $500 for each such failure. The maximum penalty imposed under this subsection on any person with respect to any calendar year shall not exceed $25,000.. (B) Inflation adjustment \nSection 6695(i) of such Code, as redesignated by subparagraph (A), is amended— (i) by redesignating paragraph (2) as paragraph (3); (ii) by inserting after paragraph (1) the following new paragraph: (2) Failure to comply with security standards \nIn the case of any failure described in subsection (h) in a calendar year beginning after 2022, each of the dollar amounts under subsection (h) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. ; and (iii) in paragraph (3) (as redesignated by clause (i)), by striking paragraph (1) and inserting paragraph (1) or (2). (C) Effective date \nThe amendments made by this paragraph shall apply to failures described in section 6695(h) of the Internal Revenue Code of 1986 (as added by subparagraph (A)) after the date that is 60 days after the date the Secretary prescribes the standards required under paragraph (1). (b) Coordination of taxpayer information security \nNot later than 180 days after the date of enactment of this Act, the Commissioner of Internal Revenue shall develop an organizational plan to create a centralized body or other governance structure to coordinate all aspects of the Internal Revenue Service’s efforts to protect return information while being held or transmitted by those authorized by the Internal Revenue Service to provide electronic filing services. The Commissioner shall transmit the organizational plan to the Committee on Finance of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Ways and Means of the House of Representatives , and the Committee on Oversight and Reform of the House of Representatives.", "id": "id1a8475b251314b3cb3f53e1e3a5caf66", "header": "Protecting the security of taxpayer information held by third-party providers by improving coordination and establishing minimum security requirements to reduce fragmentation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Open America's Ports Act.", "id": "S1", "header": "Short title" }, { "text": "2. Repeal of PVSA and adjustment of Jones Act requirements for passenger vessels \n(a) Repeal of PVSA domestic requirements \nSection 55103 of title 46, United States Code (commonly referred to as the Passenger Vessel Services Act of 1886 ), is repealed. (b) Adjustment of Jones Act requirements \nChapter 121 of title 46, United States Code, is amended— (1) in section 12103, by adding at the end the following: (d) Nonapplicability \nThe requirements of this section shall not apply to any vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. ; (2) in section 12112(a)— (A) in paragraph (1), by inserting except in the case of a vessel described in subparagraph (C) of paragraph (2), before satisfies ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking or after the semicolon; (ii) in subparagraph (B)(iii), by striking ; and and inserting ; or ; and (iii) by adding at the end the following: (C) transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port; and ; and (3) in section 12121(b), by striking 55102, and 55103 and inserting and 55102. (c) Adjustment of citizenship and Navy Reserve requirements \nSection 8103(k) of title 46, United States Code, is amended to read as follows: (k) Exemption for passenger vessels \nSubsections (a) and (b) shall not apply to any vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port.. (d) Conforming amendments \nChapter 551 of title 46, United States Code, is amended— (1) by repealing section 55104; and (2) in section 55121— (A) in the section heading, by striking and passengers ; (B) by striking subsection (a); (C) by striking (b) and all that follows through States.— ; and (D) by striking sections 55102 and 55103 of this title do and inserting section 55102 of this title does.", "id": "id2EF4D9CE38744535A79ACF33CC869852", "header": "Repeal of PVSA and adjustment of Jones Act requirements for passenger vessels" }, { "text": "3. Adjustments relating to permits to land temporarily for alien crewmen \nSection 252(a) of the Immigration and Nationality Act ( 8 U.S.C. 1282(a) ) is amended, in the matter preceding paragraph (1), by striking not to exceed— and all that follows through the period at the end of paragraph (2) and inserting “not to exceed the period of time during which the crewman is in possession of a valid, unexpired visa issued pursuant to such paragraph, if the immigration officer is satisfied that the crewman intends to depart— (1) on the vessel or aircraft on which the crewman arrived; or (2) on a vessel or aircraft other than the vessel or aircraft on which the crewman arrived..", "id": "id428B2C538C7B4056B41B39D14BDDF942", "header": "Adjustments relating to permits to land temporarily for alien crewmen" }, { "text": "4. Rule of construction \nNothing in the amendments made by this Act shall be construed to exempt a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, from any applicable law of the United States except as explicitly provided in such amendments.", "id": "idD5930ED877694765A92122EAF7E01520", "header": "Rule of construction" } ]

[ { "text": "1. Short title \nThis Act may be cited as Billy’s Law or the Help Find the Missing Act.", "id": "H2EDFEE295E7F4E17B01B094CBD7DBB19", "header": "Short title" }, { "text": "2. Authorization of the national missing and unidentified persons system \n(a) In general \nThe Attorney General, shall maintain the National Missing and Unidentified Persons System or NamUs , consistent with the following: (1) The NamUs shall be a national information clearinghouse and resource center for missing, unidentified, and unclaimed person cases across the United States administered by the National Institute of Justice and managed through an agreement with an eligible entity. (2) The NamUs shall coordinate or provide— (A) online database technology which serves as a national information clearinghouse to help expedite case associations and resolutions; (B) various free-of-charge forensic services to aid in the identification of missing persons and unidentified remains; (C) investigative support for criminal justice efforts to help missing and unidentified person case resolutions; (D) technical assistance for family members of missing persons; (E) assistance and training by coordinating State and local service providers in order to support individuals and families impacted by the loss or disappearance of a loved one; and (F) training and outreach from NamUs subject matter experts, including assistance with planning and facilitating Missing Person Day events across the country. (b) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section not more than a total of $7,000,000 for each of the fiscal years 2023 through 2028. (c) Permissible use of funds \n(1) In general \nThe permissible use of funds awarded under this section for the implementation and maintenance of the agreement created in subparagraph (a)(1) include the use of funds— (A) to hire additional personnel to provide case support and perform other core NamUs functions; (B) to develop new technologies to facilitate timely data entry into the relevant data bases; (C) to conduct contracting activities relevant to core NamUs services; (D) to provide forensic analyses to support the identification of missing and unidentified persons, to include, but not limited to DNA typing, forensic odontology, fingerprint examination, and forensic anthropology; (E) to train State, local, and Tribal law enforcement personnel and forensic medicine service providers to use NamUs resources and best practices for the investigation of missing and unidentified person cases; (F) to assist States in providing information to the NCIC database, the NamUs database, or any future database system for missing, unidentified, and unclaimed person cases; (G) to report to law enforcement authorities in the jurisdiction in which the remains were found information on every deceased, unidentified person, regardless of age; (H) to participate in Missing Person Days and other events to directly support family members of the missing with NamUs case entries and DNA collections; (I) to provide assistance and training by coordinating State and local service providers in order to support individuals and families; (J) to conduct data analytics and research projects for the purpose of enhancing knowledge, best practices, and training related to missing and unidentified person cases, as well as developing NamUs system enhancements; (K) to create and maintain a secure, online, nationwide critical incident response tool for professionals that will connect law enforcement, medico-legal and emergency management professionals, as well as victims and families during a critical incident; and (L) for other purposes consistent with the goals of this section. (d) Amendments to the Crime Control Act of 1990 To require reports of missing children to NamUs \n(1) Reporting requirement \nSection 3701(a) of the Crime Control Act of 1990 ( 34 U.S.C. 41307(a) ) is amended by striking the period and inserting the following: and, consistent with section 3 (including rules promulgated pursuant to section 3(c)) of the Help Find the Missing Act, shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases.. (2) State requirements \nSection 3702 of the Crime Control Act of 1990 ( 34 U.S.C. 41308 ) is amended— (A) in paragraph (2), by striking or the National Crime Information Center computer database and inserting , the National Crime Information Center computer database, or the NamUs databases ; (B) in the matter following paragraph (3), by striking and the National Crime Information Center computer networks and inserting , the National Crime Information Center computer networks, and the NamUs databases ; and (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting or the NamUs databases after National Crime Information Center ; and (ii) in subparagraph (A), by striking and National Crime Information Center computer networks and inserting , National Crime Information Center computer networks, and the NamUs databases. (3) Effective date \nThe amendments made by this subsection shall apply with respect to reports made before, on, or after the date of enactment of this Act.", "id": "id6d8094ae7c204f8e823631be547cf41d", "header": "Authorization of the national missing and unidentified persons system" }, { "text": "3. Information sharing \n(a) Access to NCIC \nNot later than 1 year after the date of enactment of this Act, the Attorney General shall, in accordance with this section, provide access to the NCIC Missing Person and Unidentified Person Files to the National Institute of Justice or its designee administering the NamUs program as a grantee or contractor, for the purpose of reviewing missing and unidentified person records in NCIC for case validation and NamUs data reconciliation. (b) Electronic data sharing \nNot later than 6 months after the date of enactment of this Act, the Attorney General shall, in accordance with this section, have completed an assessment of the NCIC and NamUs system architectures and governing statutes, policies, and procedures and provide a proposed plan for the secure and automatic data transmission of missing and unidentified person records that are reported to and entered into the NCIC database, with the following criteria, to be electronically transmitted to the NamUs system. (1) Missing Person cases with an MNP (Missing Person) code of CA (Child Abduction) or AA (Amber Alert) within 72 hours of entry into NCIC; (2) Missing Person cases with an MNP code EME (Endangered) or EMI (Involuntary) within 30 days of entry into NCIC; (3) All other Missing Person cases that have been active (non-cancelled) in NCIC for 180 days; (4) Unidentified person cases that have been active (non-cancelled) in NCIC for 60 days; (5) Once case data are transmitted to NamUs, cases are marked as such within NCIC, and any updates to such cases will be transmitted to NamUs within 24 hours. (c) Rules on confidentiality \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Director of the FBI, shall promulgate rules pursuant to notice and comment that specify the information the Attorney General may allow NamUs to access from the NCIC Missing Person and Unidentified Person files or be transmitted from the NCIC database to the NamUs databases for purposes of this Act. Such rules shall— (A) provide for the protection of confidential, private, and law enforcement sensitive information contained in the NCIC Missing Person and Unidentified Person files; and (B) specify the circumstances in which access to portions of information in the Missing Person and Unidentified Person files may be withheld from the NamUs databases.", "id": "idb62d8b24933d443c9c65e727666f3784", "header": "Information sharing" }, { "text": "4. Incentive grants program \n(a) Establishment \n(1) In general \nThe Attorney General shall establish a program to provide grants to qualifying law enforcement agencies, forensic medicine service providers, forensic science service providers, and other authorized agencies to facilitate the process of reporting information regarding missing persons and unidentified remains to the NCIC database and NamUs databases for purposes of assisting in locating such missing persons and identifying such remains. (2) Certification \nA statewide agency applying for a grant under this section shall certify that the agency will assist other State, local, and Tribal agencies in that State and, upon request, provide information required under subsection (b) in the format and within the timeframe under that subsection. No applicant may receive a grant in an amount greater than what the Attorney General determines necessary to perform its statewide responsibilities under this section. (b) Requirements \n(1) In general \nAs a condition of a grant under this section, a grant recipient shall, with respect to each case reported to the agency or office of the recipient relating to a missing person described in a category under subsection (e) or relating to unidentified remains— (A) not later than 72 hours after such case is reported to the agency or office and consistent with subsection (c), submit to the NCIC database and NamUs databases— (i) in the case of a missing person described in a category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); (B) not later than 60 days after the original entry of the report, verify and update any original report entered into the State law enforcement system, the NCIC database, or NamUs databases after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on DNA profiles that have been uploaded to the National DNA Index System under subparagraph (E); (ii) fingerprints, medical and dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (C) not later than 180 days after such case is reported to the agency office and consistent with subsection (c), submit to the NamUs database (i) in the case of a missing person described in category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); (D) not later than 30 days after entry into the NamUs database after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on DNA profiles that have been uploaded to National DNA Index Systems under subparagraph (C); (ii) fingerprints, medical dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (E) not later than 60 days after the original entry of the report, to the greatest extent possible, submit to the National DNA Index System of the FBI, established pursuant to section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12592 ), either directly or through use of NamUs victims assistance resources and DNA collection services, DNA samples and information relating to such case. (2) Sharing of information \nFor purposes of subparagraph (B), in the case of information a grant recipient authorizes to be transferred, entered, or shared under section 3 between the NCIC database and NamUs databases, any update to such information shall be made with respect to both databases unless specified otherwise by the recipient. (c) Submission of reports \nTo satisfy subsection (b)(1)(A), a recipient of a grant under this section shall submit information required under such subsection to the NCIC database. (d) Clarification \nIn no case may a recipient of a grant under this section use funds to enter or help facilitate the entrance of any false or misleading information about missing persons or unidentified remains. (e) Categories of missing persons \nThe categories of missing persons described in this subsection are the following: (1) A missing person age 18 or older who— (A) is senile or is suffering from a proven mental or physical disability, as documented by a source deemed credible to an appropriate law enforcement entity; or (B) is missing under circumstances that indicate, as determined by an appropriate law enforcement entity— (i) that the person’s physical safety may be endangered; (ii) that the disappearance may not have been voluntary, such as abduction or kidnapping; or (iii) that the disappearance may have been caused by a natural disaster or catastrophe (such as an airplane crash or terrorist attack). (2) A missing person who does not meet the criteria described in paragraph (1) but who meets one of the following criteria: (A) There is a reasonable concern, as determined by an appropriate law enforcement entity, for the safety of the missing person. (B) The person is under age 21 and emancipated under the laws of the person’s State of residence. (f) Minimum information required \n(1) Content for missing persons \nThe minimum information described in this section, with respect to a missing person, is the following: (A) The full name, date of birth, gender or biological sex, race or ethnicity, height, weight, eye color, and hair color of the missing person. (B) If the missing person is American Indian or Alaska Native, any Tribal enrollment or affiliation information, or if the missing person is Native Hawaiian, the Native Hawaiian organization. (C) The date and location of the last known contact with the missing person, including the city, county, and State where the person went missing. (D) If the missing person was last seen on Tribal or Native Hawaiian land under the jurisdiction of the United States. (E) The category described in subsection (e) in which the missing person is classified. (F) Circumstances of the disappearance. (G) The law enforcement agency investigating the case, to include any name, case number, assigned investigator, and contact information. (2) Content for unidentified human remains \nThe minimum information described in this section, with respect to unidentified human remains, is the following: (A) If possible, the estimated age, gender or biological sex, race or ethnicity, height, weight, hair color, and eye color. (B) If possible, any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics. (C) If possible, a description of clothing found on the decedent. (D) The city, county, or other locality and the State where the unidentified human remains were found. (E) If the remains were found on Tribal or Hawaiian Native land under the jurisdiction of the United States. (F) The forensic medicine service provider or Justice of the Peace with primary jurisdiction and legal authority over the remains. (G) The name of the lead law enforcement agency investigating the case, to include agency name, case number, assigned investigator, and contact information. (H) Information on the extent to which DNA samples are available, including the availability of such samples submitted to the National DNA Index System under subsection (b)(1)(C). (g) Administration \nThe Attorney General shall prescribe requirements, including with respect to applications, for grants awarded under this section and shall determine the amount of each such grant. (h) Confidentiality \nAs a condition of a grant under this section, the recipient of the grant shall ensure that information reported under the grant meets the requirements promulgated by the Attorney General under section 3(c)(1)(A). (i) Annual summary \nFor each of the fiscal years 2023 through 2027, the Attorney General shall publish an annual statistical summary of the reports required by subsection (c). (j) Funding \n(1) Matching requirement \nThe Attorney General may not make a grant under subsection (a) unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the purposes described in this section, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount equal to not less than $1 for each $2 of Federal funds provided in the grant. (2) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2023 through 2027.", "id": "ida0cd3c05b771470987a1a3878b847eb0", "header": "Incentive grants program" }, { "text": "5. Report on best practices \nNot later than 1 year after the date of the enactment of this Act, the Attorney General shall issue a report to offices of forensic medicine service providers, and Federal, State, local, and Tribal law enforcement agencies describing the best practices for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. Such best practices shall— (1) provide an overview of the NCIC database and NamUs databases; (2) describe how local law enforcement agencies, and offices of forensic medicine service providers should access and use the NCIC database and NamUs databases; (3) describe the appropriate and inappropriate uses of the NCIC database and NamUs databases; and (4) describe the standards and protocols for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains.", "id": "id02e22195bc5f44c594ec7f2fdcef60a7", "header": "Report on best practices" }, { "text": "6. Report to congress \n(a) In general \nNot later than 1 year after the date of the enactment of this Act and biennially thereafter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report describing the status of the NCIC database and NamUs databases. (b) Contents \nThe report required by subsection (a) shall describe, to the extent available, information on— (1) the process of information sharing between the NCIC database and NamUs databases; and (2) the programs funded by grants awarded under section 4.", "id": "id17bb1d1c8054453083581fc27dba675d", "header": "Report to congress" }, { "text": "7. Definitions \nIn this Act: (1) Authorized agency \nThe term authorized agency means a Government agency with an originating agency identification (ORI) number and that is a criminal justice agency, as defined in section 20.3 of title 28, Code of Federal Regulations. (2) FBI \nThe term FBI means the Federal Bureau of Investigation. (3) Forensic medicine service provider \nThe term forensic medicine service provider means a State or unit of local government forensic medicine service provider having not fewer than 1 part-time or full-time employed forensic pathologist, or forensic pathologist under contract, who conducts medicolegal death investigations, including examinations of human remains, and who provides reports or opinion testimony with respect to such activity in courts of law within the United States. (4) Forensic science service provider \nThe term forensic science service provider means a State or unit of local government agency having not fewer than 1 full-time analyst who examines physical evidence in criminal or investigative matters and provides reports or opinion testimony with respect to such evidence in courts in the United States. (5) Nam U s databases \nThe term NamUs databases means the National Missing and Unidentified Persons System Missing Persons database and National Missing and Unidentified Persons System Unidentified Decedents database maintained by the National Institute of Justice of the Department of Justice, which serves as a clearinghouse and resource center for missing, unidentified, and unclaimed person cases. (6) NCIC database \nThe term NCIC database means the National Crime Information Center Missing Person File and National Crime Information Center Unidentified Person File of the National Crime Information Center database of the FBI, established pursuant to section 534 of title 28, United States Code. (7) Qualifying law enforcement agency defined \nThe term qualifying law enforcement agency means a State, local, or Tribal law enforcement agency. (8) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.", "id": "id87d15e93515a49b0a85fa2e95681b39a", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Gun Records Restoration and Preservation Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds as follows: (1) The Tiahrt Amendments prevent the collection of valuable information, and the establishment of effective policies to prevent illegal guns from being used in crimes. (2) The Tiahrt Amendments impede enforcement of the gun laws by requiring most background check records to be destroyed within 24 hours, and by barring the Federal Government from requiring annual inventory audits by owners of gun shops. (3) A 2012 study by researchers at Johns Hopkins Bloomberg School of Public Health found that the Tiahrt Amendments dramatically increased gun trafficking to the criminal market. (4) A 2016 study from the University of Pittsburgh Graduate School of Public Health found that in 2008, 79 percent of all guns recovered by police from crime scenes belonged to someone other than the perpetrator—30 percent had been stolen. (5) Every year, more than 123,000 Americans are shot. (6) 2020 was one of the deadliest years on record for the United States, with an estimated 19,300 people killed in firearm homicides or non-suicide related shootings, which is a 25 percent increase over 2019. (7) In 2019, 58.9 percent of firearm homicide victims were Black and 15.9 percent of firearm homicide victims were Hispanic. (8) In 2019, the National Tracing Center at the Bureau of Alcohol, Tobacco, Firearms and Explosives processed 450,000 trace requests on firearms from Federal, State, and local law enforcement agencies. (9) Having effective policies to prevent illegal gun trafficking makes our families and communities safer. (10) Repealing the Tiahrt Amendments would support law enforcement efforts and give the public vital information needed to craft the most effective policies against illegal guns.", "id": "IDf2a4d13636724de08dc1b56d328a5660", "header": "Findings" }, { "text": "3. Repeal of certain limitations on the use of database information of the Bureau of Alcohol, Tobacco, Firearms and Explosives \n(a) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 6th proviso. (b) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010. (c) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009. (d) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008. (e) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year. (f) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking with respect to any fiscal year.", "id": "ID7edf65606ee84f32b5ba7e9d73920a09", "header": "Repeal of certain limitations on the use of database information of the Bureau of Alcohol, Tobacco, Firearms and Explosives" }, { "text": "4. Elimination of prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces \nSection 644 of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 note; Public Law 108–7 ; 117 Stat. 473) is repealed.", "id": "IDcc66e3bca3c843e1965085d384f8ad11", "header": "Elimination of prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces" }, { "text": "5. Repeal of limitations on imposition of requirement that firearms dealers conduct physical check of firearms inventory \nThe 5th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 248) is amended by striking and any fiscal year thereafter.", "id": "ID2593e4d5883449e1b4cf846c4687043b", "header": "Repeal of limitations on imposition of requirement that firearms dealers conduct physical check of firearms inventory" }, { "text": "6. Elimination of prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees \nThe matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609) is amended by striking the 1st proviso.", "id": "ID90ae376f823441f491f32c08299a83f3", "header": "Elimination of prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees" }, { "text": "7. Repeal of requirement to destroy instant criminal background check records within 24 hours \nSection 511 of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period.", "id": "ID0b52dd48ba3c436b8a6af51fdc5b9c11", "header": "Repeal of requirement to destroy instant criminal background check records within 24 hours" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021 or the Jabara-Heyer NO HATE Act.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The incidence of violence known as hate crimes, or crimes motivated by bias, poses a serious national problem. (2) According to data obtained by the Federal Bureau of Investigation, the incidence of such violence increased in 2019, the most recent year for which data is available. (3) In 1990, Congress enacted the Hate Crime Statistics Act ( Public Law 101–275 ; 28 U.S.C. 534 note) to provide the Federal Government, law enforcement agencies, and the public with data regarding the incidence of hate crime. The Hate Crime Statistics Act and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (division E of Public Law 111–84 ; 123 Stat. 2835) have enabled Federal authorities to understand and, where appropriate, investigate and prosecute hate crimes. (4) A more complete understanding of the national problem posed by hate crime is in the public interest and supports the Federal interest in eradicating bias-motivated violence referenced in section 249(b)(1)(C) of title 18, United States Code. (5) However, a complete understanding of the national problem posed by hate crimes is hindered by incomplete data from Federal, State, and local jurisdictions through the Uniform Crime Reports program authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation. (6) Multiple factors contribute to the provision of inaccurate and incomplete data regarding the incidence of hate crime through the Uniform Crime Reports program. A significant contributing factor is the quality and quantity of training that State and local law enforcement agencies receive on the identification and reporting of suspected bias-motivated crimes. (7) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions. (8) Federal financial assistance with regard to certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.", "id": "HC4A3E473BB8D41F183EA71C0AD5CDA07", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Hate crime \nThe term hate crime means an act described in section 245, 247, or 249 of title 18, United States Code, or in section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 ). (2) Priority agency \nThe term priority agency means— (A) a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or (B) a law enforcement agency of a unit of local government that— (i) serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and (ii) has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most recent calendar years for which such data is available. (3) State \nThe 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 ). (4) Uniform Crime Reports \nThe term Uniform Crime Reports means the reports authorized under section 534 of title 28, United States Code, and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use— (A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. (5) Unit of local government \nThe term unit of local government 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 ).", "id": "id3B4F5C410D0F401F96EA9C06970ACAA3", "header": "Definitions" }, { "text": "4. Reporting of hate crimes \n(a) Implementation grants \n(1) In general \nThe Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System. (2) Priority \nIn making grants under paragraph (1), the Attorney General shall give priority to States and units of local government with larger populations. (b) Reporting \n(1) Compliance \n(A) In general \nExcept as provided in subparagraph (B), in each fiscal year beginning after the date that is 3 years after the date on which a State or unit of local government first receives a grant under subsection (a), the State or unit of local government shall provide to the Attorney General, through the Uniform Crime Reporting system, information pertaining to hate crimes committed in that jurisdiction during the preceding fiscal year. (B) Extensions; waiver \nThe Attorney General— (i) may provide a 120-day extension to a State or unit of local government that is making good faith efforts to comply with subparagraph (A); and (ii) shall waive the requirements of subparagraph (A) if compliance with that subparagraph by a State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively. (2) Failure to comply \nIf a State or unit of local government that receives a grant under subsection (a) fails to substantially comply with paragraph (1) of this subsection, the State or unit of local government shall repay the grant in full, plus reasonable interest and penalty charges allowable by law or established by the Attorney General.", "id": "id78993F4D99DA4E1DBB95B3DF6EAA5E5D", "header": "Reporting of hate crimes" }, { "text": "5. Grants for State-run hate crime hotlines \n(a) Grants authorized \n(1) In general \nThe Attorney General shall make grants to States to create State-run hate crime reporting hotlines. (2) Grant period \nA grant made under paragraph (1) shall be for a period of not more than 5 years. (b) Hotline requirements \nA State shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to— (A) law enforcement if appropriate; and (B) local support services; (2) any personally identifiable information that an individual provides to an agency of the State through the hotline is not directly or indirectly disclosed, without the consent of the individual, to— (A) any other agency of that State; (B) any other State; (C) the Federal Government; or (D) any other person or entity; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, and local hate crime laws; and (B) local law enforcement resources and applicable local support services; and (4) the hotline is accessible to— (A) individuals with limited English proficiency, where appropriate; and (B) individuals with disabilities. (c) Best practices \nThe Attorney General shall issue guidance to States on best practices for implementing the requirements of subsection (b).", "id": "idaf7c65f49eb94db798c263b73689558a", "header": "Grants for State-run hate crime hotlines" }, { "text": "6. Information collection by States and units of local government \n(a) Definitions \nIn this section: (1) Applicable agency \nThe term applicable agency , with respect to an eligible entity that is— (A) a State, means— (i) a law enforcement agency of the State; and (ii) a law enforcement agency of a unit of local government within the State that— (I) is a priority agency; and (II) receives a subgrant from the State under this section; and (B) a unit of local government, means a law enforcement agency of the unit of local government that is a priority agency. (2) Covered agency \nThe term covered agency means— (A) a State law enforcement agency; and (B) a priority agency. (3) Eligible entity \nThe term eligible entity means— (A) a State; or (B) a unit of local government that has a priority agency. (b) Grants \n(1) In general \nThe Attorney General may make grants to eligible entities to assist covered agencies within the jurisdiction of the eligible entity in conducting law enforcement activities or crime reduction programs to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program, including— (A) adopting a policy on identifying, investigating, and reporting hate crimes; (B) developing a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (C) establishing a unit specialized in identifying, investigating, and reporting hate crimes; (D) engaging in community relations functions related to hate crime prevention and education such as— (i) establishing a liaison with formal community-based organizations or leaders; and (ii) conducting public meetings or educational forums on the impact of hate crimes, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crimes; and (E) providing hate crime trainings for agency personnel. (2) Subgrants \nA State that receives a grant under paragraph (1) may award a subgrant to a priority agency of a unit of local government within the State for the purposes under that paragraph. (c) Information required of States and units of local government \n(1) In general \nFor each fiscal year in which an eligible entity receives a grant under subsection (b), the eligible entity shall— (A) collect information from each applicable agency summarizing the law enforcement activities or crime reduction programs conducted by the agency to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program; and (B) submit to the Attorney General a report containing the information collected under subparagraph (A). (2) Semiannual law enforcement agency report \n(A) In general \nIn collecting the information required under paragraph (1)(A), an eligible entity shall require each applicable agency to submit a semiannual report to the eligible entity that includes a summary of the law enforcement activities or crime reduction programs conducted by the agency during the reporting period to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program. (B) Contents \nIn a report submitted under subparagraph (A), a law enforcement agency shall, at a minimum, disclose— (i) whether the agency has adopted a policy on identifying, investigating, and reporting hate crimes; (ii) whether the agency has developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (iii) whether the agency has established a unit specialized in identifying, investigating, and reporting hate crimes; (iv) whether the agency engages in community relations functions related to hate crime, such as— (I) establishing a liaison with formal community-based organizations or leaders; and (II) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and (v) the number of hate crime trainings for agency personnel, including the duration of the trainings, conducted by the agency during the reporting period. (d) Compliance and redirection of funds \n(1) In general \nExcept as provided in paragraph (2), beginning not later than 1 year after the date of this Act, an eligible entity receiving a grant under subsection (b) shall comply with subsection (c). (2) Extensions; waiver \nThe Attorney General— (A) may provide a 120-day extension to an eligible entity that is making good faith efforts to collect the information required under subsection (c); and (B) shall waive the requirements of subsection (c) for a State or unit of local government if compliance with that subsection by the State or unit of local government would be unconstitutional under the constitution of the State or of the State in which the unit of local government is located, respectively.", "id": "id38f383b508e4499ba9be7efae4f3d7a0", "header": "Information collection by States and units of local government" }, { "text": "7. Requirements of the Attorney General \n(a) Information collection and analysis; report \nIn order to improve the accuracy of data regarding the incidence of hate crime provided through the Uniform Crime Reports program, and promote a more complete understanding of the national problem posed by hate crime, the Attorney General shall— (1) collect and analyze the information provided by States and units of local government under section 6 for the purpose of developing policies related to the provision of accurate data obtained under the Hate Crime Statistics Act ( Public Law 101–275 ; 28 U.S.C. 534 note) by the Federal Bureau of Investigation; and (2) for each calendar year beginning after the date of enactment of this Act, publish and submit to Congress a report based on the information collected and analyzed under paragraph (1). (b) Contents of report \nA report submitted under subsection (a) shall include— (1) a qualitative analysis of the relationship between— (A) the number of hate crimes reported by State law enforcement agencies or priority agencies through the Uniform Crime Reports program; and (B) the nature and extent of law enforcement activities or crime reduction programs conducted by those agencies to prevent, address, or otherwise respond to hate crime; and (2) a quantitative analysis of the number of State law enforcement agencies and priority agencies that have— (A) adopted a policy on identifying, investigating, and reporting hate crimes; (B) developed a standardized system of collecting, analyzing, and reporting the incidence of hate crime; (C) established a unit specialized in identifying, investigating, and reporting hate crimes; (D) engaged in community relations functions related to hate crime, such as— (i) establishing a liaison with formal community-based organizations or leaders; and (ii) conducting public meetings or educational forums on the impact of hate crime, services available to hate crime victims, and the relevant Federal, State, and local laws pertaining to hate crime; and (E) conducted hate crime trainings for agency personnel during the reporting period, including— (i) the total number of trainings conducted by each agency; and (ii) the duration of the trainings described in clause (i).", "id": "id0bef2157c94c487a8c11af1670e91437", "header": "Requirements of the Attorney General" }, { "text": "8. Alternative sentencing \nSection 249 of title 18, United States Code, is amended by adding at the end the following: (e) Supervised release \nIf a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of supervised release after imprisonment under section 3583, the court may order, as an explicit condition of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant's offense..", "id": "idabb0aa7c36aa46cea1813a0e5fe0baaa", "header": "Alternative sentencing" } ]

[ { "text": "That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 2023, and for other purposes, namely:", "id": "S1", "header": null }, { "text": "101. Notwithstanding any other provision of law, any amounts appropriated under this Act under the heading SENATE under the heading Contingent Expenses of the Senate under the heading Senators' official personnel and office expense account shall be available for obligation only during the fiscal year or fiscal years for which such amounts are made available. Any unexpended balances under such allowances remaining after the end of the period of availability shall be returned to the Treasury in accordance with the undesignated paragraph under the center heading GENERAL PROVISION under chapter XI of the Third Supplemental Appropriation Act, 1957 ( 2 U.S.C. 4107 ) and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate).", "id": "idE9D40B115B88419BB3ADB5C852CD4633", "header": null }, { "text": "102. (a) Definitions \nIn this section— (1) the term appropriate committees of the Senate means the Committee on Appropriations and the Committee on Rules and Administration of the Senate; (2) the term Fellowships Programs means the SFC Sean Cooley and SPC Christopher Horton Congressional Gold Star Family Fellowship Program (commonly referred to as the Green and Gold Congressional Aide Program ) established under Senate Resolution 442 (117th Congress), agreed to November 4, 2021, and the McCain-Mansfield Fellowship Program established under Senate Resolution 443 (117th Congress), agreed to November 4, 2021, or any successor program to such programs; (3) the term Fund means the Sergeant at Arms Fellowships Fund established under subsection (b); and (4) the term Sergeant at Arms means the Sergeant at Arms and Doorkeeper of the Senate. (b) Establishment \nThere is established under the heading Contingent Expenses of the Senate an account to be known as the Sergeant at Arms Fellowships Fund. (c) Use of amounts \n(1) In general \nAmounts in the Fund shall be available to the Sergeant at Arms for the costs of compensation of fellows under the Fellowships Programs and the administration of the Fellowships Programs, except as provided in paragraph (2). (2) Agency contributions \nAgency contributions for the Fellowships Programs shall be paid from the appropriations account for Salaries, Officers and Employees of the Senate. (d) Transfer authority for joint operation \nIf the Sergeant at Arms enters into an agreement with the Chief Administrative Officer of the House of Representatives for the joint operation of 1 or more of the Fellowships Programs with the comparable programs of the House of Representatives, the Sergeant at Arms may, as provided in advance in appropriations Acts, transfer amounts in the Fund to the Chief Administrative Officer of the House of Representatives for costs described in subsection (c)(1). (e) Oversight \nThe Sergeant at Arms shall provide to the appropriate committees of the Senate— (1) a plan regarding the administration of the Fund by the Sergeant at Arms prior to obligation of any funds, to be updated and resubmitted following any changes to the plan; and (2) annual reports regarding the costs of the Fellowships Programs paid from the Fund. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Fund for fiscal year 2023, and each fiscal year thereafter, such sums as are necessary for the compensation of fellows under the Fellowships Programs during the fiscal year and for the administration of the Fellowships Programs. (g) Exclusion for purposes of staffing limits on the office of the sergeant at arms \nThe payment of compensation to any individual serving in a fellowship under the Fellowships Programs by the Sergeant at Arms shall not be included for purposes of any limitation on staffing levels of the Office of the Sergeant at Arms.", "id": "id25F9A97098784C22B28D8D24BFD4F078", "header": null }, { "text": "110. (a) The Chief of the Capitol Police shall have authority to accept unpaid religious chaplain services, whereby volunteers from multiple faiths, authorized by their respective religious endorsing agency or organization, may advise, administer, and perform spiritual care and religious guidance for Capitol Police employees. (b) Chaplains shall not be required to perform any rite, ritual, or ceremony, and employees shall not be required to receive such rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or employees or the chaplain’s endorsing agency or organization. (c) Effective date \nThis section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.", "id": "idB16D032523B94B619F38EA115264D224", "header": null }, { "text": "111. Section 12 of division G of the Consolidated Appropriations Act, 2005 ( 2 U.S.C. 1975 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting for official duty after United States ; (B) in paragraph (1), by adding and at the end; (C) by striking paragraph (2); and (D) by redesignating paragraph (3) as paragraph (2); (2) by striking subsection (c); (3) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; and (4) in subsection (d), as so redesignated, by striking subsection (d) and inserting subsection (c).", "id": "idAE4C685458894CEF8898C9ACCAED19A5", "header": null }, { "text": "120. None of the funds made available in this Act for the Architect of the Capitol may be used to make incentive or award payments to contractors for work on contracts or programs for which the contractor is behind schedule or over budget, unless the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program.", "id": "id34F9C9B3CC404C0E9610579C6A13ECF9", "header": null }, { "text": "130. (a) In General \nFor fiscal year 2023, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $308,554,000. (b) Activities \nThe activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch.", "id": "id22E03ED379384AECBF463A4227DD74CB", "header": null }, { "text": "201. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration.", "id": "idA195CDD9991E4C96981B86983910F6BC", "header": null }, { "text": "202. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2023 unless expressly so provided in this Act.", "id": "id7605709B1CCB44CCBA93EE6B374E1AAA", "header": null }, { "text": "203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto.", "id": "idFBD7424E4AB54A73840082EB2AB46592", "header": null }, { "text": "204. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law.", "id": "idA5B99D0FBB2947F6936CAE3EB9D65955", "header": null }, { "text": "205. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000.", "id": "idF79E39138A5544279AEB220291D34875", "header": null }, { "text": "206. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.", "id": "id3866474D801E421C883A66A584C22FCA", "header": null }, { "text": "207. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by section 402(b)(8) of the Capitol Visitor Center Act of 2008 ( 2 U.S.C. 2242(b)(8) ). (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol.", "id": "id1B2232254D994D32A9BBCE206A992921", "header": null }, { "text": "208. (a) None of the funds appropriated or otherwise made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation for a high or moderate impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems unless the agency, office, or other entity acquiring the equipment or system has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high or moderate impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the Federal Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system is in the vital national security interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate in a manner that identifies the telecommunications equipment for inclusion in a high or moderate impact system intended for acquisition and a detailed description of the mitigation strategies identified in paragraph (1), provided that such report may include a classified annex as necessary.", "id": "idC153AC70085A48E4828BA235A21E7883", "header": null }, { "text": "209. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities or other official government activities.", "id": "idBA1816DD3BF645A192883E53723F46E8", "header": null }, { "text": "210. All agencies and offices funded by this Act that contract with a food service provider or providers shall confer and coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.", "id": "id862060FD35D44708B49D57AD42C27386", "header": null }, { "text": "211. In addition to the amounts appropriated under this Act under the heading Office of the attending physician , there is hereby appropriated to the Office of the Attending Physician $5,000,000, to remain available until expended, for response to COVID–19, including testing, subject to the same terms and conditions as the amounts appropriated under such heading.", "id": "id17FEA72A3AD745B593C1FC503E9E5AE0", "header": null }, { "text": "212. Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 ) (relating to cost of living adjustments for Members of Congress) during fiscal year 2023.", "id": "id2FEE356743564948A3BC03027EFC162A", "header": null }, { "text": "213. Notwithstanding any other provision of law, an entity may use amounts appropriated or otherwise made available under this Act to pay the compensation of an officer or employee without regard to the officer’s or employee’s immigration status if the officer or employee has been issued an employment authorization document under the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children , dated June 15, 2012.", "id": "id814790A619014487B5426194A6532479", "header": null } ]

[ { "text": "1. Short title \nThis Act may be cited as the Safe Shelters Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Office of Refugee Resettlement shelter grant process \n(a) Definitions \nIn this section: (1) Adverse action \nThe term adverse action means an adverse criminal or regulatory action taken by the Federal Government or a State or local government with respect to contracting with a government entity or to the care of children, including— (A) the suspension or revocation of an operating license; and (B) any ongoing or pending investigation by the Federal Government or a State or local government. (2) Secretary \nThe term Secretary means the Secretary of Health and Human Services. (3) Unaccompanied alien child \nThe term unaccompanied alien child has the meaning given the term in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). (b) Disclosure and licensure \nWith respect to Office of Refugee Resettlement grants to open or fund shelter facilities for unaccompanied alien children, the Secretary shall require each applicant— (1) to disclose in the grant application any adverse action taken against the applicant during the 5-year period immediately preceding the date on which the application is submitted; and (2) to be licensed to operate such a facility in the applicable State as of such date. (c) Information sharing \nIn considering an application for a grant referred to in subsection (b), the Secretary shall seek to collaborate with the appropriate regulatory agencies of the State in which the applicant intends to operate to conduct a review of State databases for information on adverse actions taken against the applicant.", "id": "idE8B576DCA19F41E7B25DFCBB6AABD791", "header": "Office of Refugee Resettlement shelter grant process" } ]

[ { "text": "1. Exemption from H–2B numerical limitation for certain forestry conservation workers \n(a) In general \nSection 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) Except as provided in subparagraph (B), the numerical limitation under paragraph (1)(B) shall not apply to principal aliens described in section 101(a)(15)(H)(ii)(b) who are employed or have received an offer of employment for the work of— (i) orchard work and seed collection; (ii) tree planting; (iii) nursery care; (iv) forest management; (v) harvesting pine straw or other minor forest products; (vi) timber stand improvement; (vii) herbicide application; (viii) fire prevention and fire management activities; (ix) brush clearing and vegetation management; (x) maintenance of right of ways; (xi) habitat protection and restoration; (xii) watershed protection and restoration; (xiii) land reclamation; or (xiv) other activities with a direct forest health or conservation nexus. (B) The exemptions described in subparagraph (A) shall not apply to landscaping or groundskeeping.. (b) Sunset \nThe amendment made by subsection (a) shall remain in effect until the date that is 5 years after the date of the enactment of this Act.", "id": "id3385A6A20BB24721B524CE30232751F4", "header": "Exemption from H–2B numerical limitation for certain forestry conservation workers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Save Our Ser­vice­mem­bers Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Evaluation and standardization of suicide prevention efforts by the Department of Defense \nNot later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall— (1) direct the Defense Suicide Prevention Office to collaborate with each Secretary of a military department— (A) to develop and implement a process to ensure that individual non-clinical suicide prevention efforts are assessed for effectiveness among members of the Armed Forces; and (B) to develop consistent suicide-related definitions to be used throughout the Department of Defense; (2) require the use of suicide-related definitions developed under paragraph (1)(B) to be used in any updated policies of the Department of Defense or any military department; and (3) enhance collaboration between the Defense Suicide Prevention Office and the Psychological Health Center of Excellence on the production of annual suicide reports to minimize duplication of efforts by the Department of Defense.", "id": "idA713B369F30A4C1EB5C311D81D66457F", "header": "Evaluation and standardization of suicide prevention efforts by the Department of Defense" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Parental Bereavement Act of 2021 or the Sarah Grace-Farley-Kluger Act.", "id": "H1C5CAC2EC73B415C919D99F9E444E4C3", "header": "Short title" }, { "text": "2. Family leave because of the death of a son or daughter \n(a) Family leave \n(1) Entitlement to leave \nSection 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following new subparagraph: (G) Because of the death of a son or daughter.. (2) Requirements relating to leave \n(A) Schedule \nSection 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the third sentence the following new sentence: Leave under subsection (a)(1)(G) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise.. (B) Substitution of paid leave \nSection 102(d)(2)(B) of such Act ( 29 U.S.C. 2612(d)(2)(B) ) is amended, in the first sentence, by striking (C) or (D) and inserting (C), (D), or (G). (C) Notice \nSection 102(e) of such Act ( 29 U.S.C. 2612(e) ) is amended by adding at the end the following new paragraph: (4) Notice for leave due to death of a son or daughter \nIn any case in which the necessity for leave under subsection (a)(1)(G) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.. (D) Spouses employed by same employer \nSection 102(f)(1)(A) of such Act ( 29 U.S.C. 2612(f)(1)(A) ) is amended by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (G). (E) Certification requirements \nSection 103 of such Act ( 29 U.S.C. 2613 ) is amended by adding at the end the following: (g) Certification related to the death of a son or daughter \nAn employer may require that a request for leave under section 102(a)(1)(G) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.. (F) Failure to return from leave \nSection 104(c) of such Act ( 29 U.S.C. 2614(c) ) is amended— (i) in paragraph (2)(B)(i), by inserting before the semicolon the following: , or a death that entitles the employee to leave under section 102(a)(1)(G) ; and (ii) in paragraph (3)(A)— (I) in the matter preceding clause (i), by inserting , or the death, before described ; (II) in clause (ii), by striking or at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii) the following: (iii) a certification that meets such requirements as the Secretary may by regulation prescribe, in the case of an employee unable to return to work because of a death specified in section 102(a)(1)(G); or. (G) Employees of local educational agencies \nSection 108 of such Act ( 29 U.S.C. 2618 ) is amended— (i) in subsection (c)(1)— (I) in the matter preceding subparagraph (A), by inserting after medical treatment the following: , or under section 102(a)(1)(G) that is foreseeable, ; and (II) in subparagraph (A), by inserting after to exceed the following: (except in the case of leave under section 102(a)(1)(G)) ; (ii) in subsection (c)(2), by striking section 102(e)(2) and inserting paragraphs (2) and (4) of section 102(e), as applicable ; and (iii) in subsection (d), in paragraphs (2) and (3), by striking or (C) each place it appears and inserting (C), or (G). (b) Family leave for civil service employees \n(1) Entitlement to leave \nSection 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: (F) Because of the death of a son or daughter.. (2) Requirements relating to leave \n(A) Schedule \nSection 6382(b)(1) of such title is amended by inserting after the third sentence the following new sentence: Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise.. (B) Substitution of paid leave \nSection 6382(d)(1) of such title is amended, in the first sentence, by striking or (E) and inserting (E), or (F). (C) Notice \nSection 6382(e) of such title is amended by adding at the end the following new paragraph: (4) In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employing agency as is reasonable and practicable.. (D) Certification requirements \nSection 6383 of such title is amended by adding at the end the following: (g) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe. If the Office issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer..", "id": "H7FC34AD6D87E4B7DA7B92DA08CD857C5", "header": "Family leave because of the death of a son or daughter" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Abortion is Health Care Everywhere Act of 2022.", "id": "H1C491677751E4CAE9ADA3603B6BD391A", "header": "Short title" }, { "text": "2. Findings; sense of Congress \n(a) Findings \nCongress makes the following findings: (1) International agreements have recognized reproductive rights for more than 25 years, and the 2015 United Nations Sustainable Development Goals reiterated the centrality of reproductive rights to gender equality. (2) Studies have repeatedly demonstrated that when people, including young women and adolescent girls, gender nonconforming individuals, and transgender men, are able to control their reproductive lives, there are enormous social and economic benefits, not just for the individual and their family, but for entire communities. (3) Countries that prioritize reproductive health, rights, and justice and human rights are more likely to have better overall health throughout their countries. (4) Health system cost is reduced when abortion is widely available and integrated with other types of health care. (5) Without access to safe abortion care, people risk their lives to end their pregnancies. At least 24,100 people in low- and middle-income countries die every year from complications from unsafe abortions. (6) Ninety-seven percent of unsafe abortions occur in developing countries in Africa, Asia, and Latin America. In low- and middle-income countries, the annual cost of post-abortion care for all who need is estimated to be $4,000,000,000. The majority of this cost is attributed to treating complications from abortions provided in unsafe conditions. (7) Restricting abortion does not reduce either the need for or number of abortions. Abortion rates are similar in countries where it is highly restricted by law and where it is broadly legal. (8) When abortions are performed in accordance with World Health Organization guidelines and standards, there is minimal risk of severe complications or death. (9) United States law restricting United States foreign assistance funding from being used to provide safe abortion services has the effect of harming people who seek to terminate their pregnancies in several ways, including by blocking access to services and erecting barriers to providers obtaining the training and equipment needed to deliver care to those in need. (10) Since the enactment of section 104(f)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b(f)(1) ) (commonly referred to as the Helms amendment ) in 1973, dozens of governments across the globe have liberalized abortion laws and policies. (11) In countries where the United States supports family planning and reproductive health care and in which abortion is legal on, at least some grounds, support for safe abortion could avert more than 19,000,000 unsafe abortions and 17,000 maternal deaths each year. (b) Sense of Congress \nIt is the sense of Congress that— (1) abortion is a critical component of sexual and reproductive health care and should be accessible and affordable for all people; (2) all people have the right to make their own choices about their sexual and reproductive health, and to access quality and affordable sexual and reproductive health care; and (3) as part of their commitment to prevent unsafe abortions and preventable deaths and to ensure that all people have access to comprehensive sexual and reproductive health care and can exercise their right to full control over their sexuality and reproduction, developing countries and donor governments must work collaboratively to deploy funding, align policies, and mobilize expertise to make safe abortion services available to those seeking to terminate pregnancies.", "id": "HCF66570AC17245D297E020FE852A498E", "header": "Findings; sense of Congress" }, { "text": "3. Statement of policy \nIt is the policy of the United States Government— (1) to recognize safe abortion as a critical component of comprehensive maternal and reproductive health care and include safe abortion services as part of foreign assistance programs funded by the United States Government; (2) to make safe abortion widely available and integrated with other types of health care; and (3) to work to end unsafe abortion and to promote safe abortion services by providing funding and collaborating with affected governments and service providers to provide training, commodities and equipment, and access to safe abortion services.", "id": "H77347070185B4782B793B6D387D80205", "header": "Statement of policy" }, { "text": "4. Use of funds for comprehensive reproductive health care services \nSection 104 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b ) is amended— (1) in subsection (f)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (2) by redesignating subsection (g) as subsection (h); and (3) by inserting after subsection (f), as amended, the following: (g) Use of funds for comprehensive reproductive health care services \nNotwithstanding any other provision of law, funds made available to carry out this part may be used to provide comprehensive reproductive health care services, including abortion services, training, and equipment..", "id": "H1EA9F61F6B0448A8AB566AFBC517C137", "header": "Use of funds for comprehensive reproductive health care services" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Natural Infrastructure Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the American Society of Civil Engineers has estimated that the direct, cumulative repair needs for public infrastructure in the United States is $4,600,000,000,000; and (2) installing natural infrastructure is often lower-cost, more resilient, and more beneficial to the public than repairing or replacing gray infrastructure.", "id": "id8e7f33b245d949caac2ea520b20e684e", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) Natural infrastructure \nThe term natural infrastructure means constructed landscape features and systems that employ nature-based solutions that promote, use, restore, or emulate natural ecological processes. (2) Program \nThe term Program means the joint natural infrastructure science program established under section 4(a). (3) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.", "id": "ida9c26e7f0e964eeaa7c14b69953fbe20", "header": "Definitions" }, { "text": "4. Joint natural infrastructure science program \n(a) Establishment \nThe Secretary, in coordination with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish a joint natural infrastructure science program to respond to the emerging research needs of civil engineers, local governments, developers, and the construction industry. (b) Coordination \nIn administering the Program, the Secretary shall work closely with research programs at institutions of higher education to supplement the current research efforts undertaken by those institutions of higher education. (c) Purposes \nThe principal purposes of the Program shall be— (1) to provide, with respect to natural infrastructure, practical research that— (A) is responsive to the needs of civil engineers, local governments, developers, and the construction industry; and (B) takes into account, to the maximum extent practicable, local cultural considerations; (2) to engage with and listen to clients of the Program, including civil engineers, local governments, developers, and the members of the construction industry— (A) to learn the needs of those clients; and (B) to develop focused, strategic lines of new research responsive to those needs; (3) (A) to solicit proposals from scientists for funding provided under the Program; and (B) to award funding to those scientists through a competitive, rigorous peer-review process that is designed to ensure that the best projects are funded; and (4) to disseminate research findings, including associated environmental valuations, using a suite of communication tools to ensure that civil engineers, local governments, developers, and members of the construction industry are aware of, understand, and can use the information to make sound decisions and implement projects. (d) Program plan \nNot later than September 30, 2023, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a Program plan that includes— (1) an assessment of the current state of knowledge about natural infrastructure; (2) an integrated approach to improve knowledge sharing; (3) an approach for project monitoring and evaluation; and (4) an approach for setting research priorities. (e) Stakeholder advisory group \n(1) Membership \nThe Secretary shall establish a stakeholder advisory group consisting of technical experts, including, at a minimum, 5 individuals selected from among the following potential members: (A) A representative of a local government. (B) A developer. (C) A representative of a construction industry association or construction company. (D) A civil engineer or environmental engineer. (E) A researcher from an institution of higher education. (F) A member of an Alaska Native organization, a Native Hawaiian organization, or an Indian Tribe (as those terms are defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) with experience with natural infrastructure. (G) An environmental scientist. (2) Duties \nThe stakeholder advisory group established under paragraph (1) shall meet not less frequently than annually— (A) to consider both immediate and long-term scientific needs with respect to research relating to natural infrastructure; (B) to suggest to the Secretary appropriate topic areas for research relating to natural infrastructure, specific issues to be researched within those topic areas, and information transfer needs for which the Secretary shall solicit proposals in accordance with subsection (c)(3); and (C) to assist the Secretary in drafting the Program plan described in subsection (d). (f) Authorization of appropriations \nFor each of fiscal years 2023 through 2033, there is authorized to be appropriated to carry out this section $4,000,000, including for activities to be carried out by the Secretary and the Secretary of Agriculture under this section.", "id": "id4aac1d947d3b4f9eaf168797e10f3890", "header": "Joint natural infrastructure science program" }, { "text": "5. Assessment of natural infrastructure projects \n(a) Evaluation \nSubject to the availability of appropriations, beginning in fiscal year 2023, the Secretary shall annually— (1) select not fewer than 30 natural infrastructure projects completed under the Program or by any other entity or individual in the United States; and (2) assess the costs and effectiveness of those natural infrastructure projects. (b) Geographic and project diversity \nThe Secretary, to the maximum extent practicable, shall select natural infrastructure projects under subsection (a)(1) that, taken together, reflect a diversity of— (1) geographic locations; and (2) types of natural infrastructure. (c) Report \nBeginning in fiscal year 2024, and annually thereafter, the Secretary shall publish a report that— (1) lists the natural infrastructure projects selected under subsection (a)(1); (2) discloses— (A) the costs of those natural infrastructure projects; and (B) the results of the assessment of the effectiveness of those natural infrastructure projects carried out under subsection (a)(2); and (3) if applicable, includes recommendations to improve the construction, costs, and effectiveness of future natural infrastructure projects.", "id": "id4a45f6f8c0494b9882ddc45799829685", "header": "Assessment of natural infrastructure projects" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Territory Economic Development Tax Credit Act.", "id": "id234371A0BB4141D09D926F8DFB1557D5", "header": "Short title" }, { "text": "2. Credit for economic activity in possessions of the United States \n(a) In general \nSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Possession economic activity credit \n(a) Allowance of credit \n(1) In general \nExcept as otherwise provided in this section, in the case of a qualified domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount determined under paragraph (2). (2) Determination of amount \nThe amount determined under this paragraph is— (A) in the case of a qualified domestic corporation described in subsection (b)(1)(A), the lesser of— (i) the portion of the tax which is attributable to the taxable income, from sources without the United States, from— (I) the active conduct of a trade or business within a possession of the United States, or (II) the sale or exchange of substantially all of the assets used by the taxpayer in the active conduct of such trade or business, or (ii) the wage and asset limitation with respect to such corporation, and (B) in the case of a qualified domestic corporation described in subsection (b)(1)(B), the lesser of— (i) the intangible low-taxed income tax amount, or (ii) the sum of the qualified domestic corporation's pro rata share (determined in a manner similar to the manner provided in section 951A(e)(1)) of the wage and asset limitations with respect to each foreign qualified corporation of which such qualified domestic corporation is a United States shareholder. (b) Qualified domestic corporation; qualified corporation \nFor purposes of this section— (1) In general \nThe term qualified domestic corporation means any domestic corporation which is— (A) a qualified corporation, or (B) a United States shareholder of a foreign corporation which— (i) is a qualified corporation, and (ii) is wholly owned by corporations which are members of the same affiliated group as such United States shareholder. (2) Qualified corporation \nThe term qualified corporation means any corporation if such corporation meets the following requirements: (A) Source qualification \n80 percent or more of the gross income of the corporation for the 3-year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States (determined without regard to section 904(f)). (B) Trade or business qualification \n75 percent or more of the gross income of the corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. (3) Special rule for separate and clearly identified units of foreign corporations \n(A) In general \nIn the case of a United States shareholder of a foreign corporation which— (i) is not a qualified corporation but with respect to which the ownership requirements of paragraph (1)(B)(ii) are met, and (ii) has an eligible foreign business unit which, if such unit were a corporation, would be a qualified corporation with respect to which such ownership requirements would be met, then, for purposes of this section, the United States shareholder may elect to treat such unit as a separate foreign corporation which meets the requirements of paragraph (1)(B) and with respect to which such shareholder is a United States shareholder. (B) Eligible foreign business unit \nFor purposes of this paragraph, the term eligible foreign business unit means a separate and clearly identified foreign unit of a trade or business, including a partnership or an entity treated as disregarded as a separate entity from its owner (under section 7701 or other provision under this title), which maintains separate books and records. (C) Special election for affiliated groups \nIn the case of an affiliated group described in paragraph (1)(B)(ii), the election under subparagraph (A) with respect to any eligible foreign business unit shall be made by the common parent of such group and shall apply uniformly to all members of such group which are United States shareholders with respect to the foreign corporation which has such unit. (c) Wage and asset limitation \n(1) In general \nThe wage and asset limitation with respect to any qualified corporation for any taxable year is an amount equal to the sum of the following amounts: (A) 40 percent of the sum of— (i) the aggregate amount of the qualified corporation's qualified possession wages for such taxable year, plus (ii) the allocable employee fringe benefit expenses of the qualified corporation for such taxable year. (B) 25 percent of the depreciation allowances for the taxable year with respect to qualified tangible property. (C) In the case of a qualified domestic corporation described in subsection (b)(1)(A), the amount of the possession income taxes for the taxable year attributable to income described in subsection (a)(2)(A)(i). (2) Qualified possession wages \nFor purposes of this section— (A) In general \nThe term qualified possession wages means wages paid or incurred by the qualified corporation during the taxable year in connection with the active conduct of a trade or business within a possession of the United States to any employee for services performed in such possession, but only if such services are performed while the principal place of employment of such employee is within such possession. (B) Limitation on amount of wages taken into account \n(i) In general \nThe amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. (ii) Treatment of part-time employees, etc \nIf— (I) any employee is not employed by the qualified corporation on a substantially full-time basis at all times during the taxable year, or (II) the principal place of employment of any employee with the qualified corporation is not within a possession at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). (C) Treatment of certain employees \nThe term qualified possession wages shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. All qualified corporations treated as 1 corporation under subsection (f)(1) shall be treated as 1 employer for purposes of the preceding sentence. (D) Wages \n(i) In general \nExcept as provided in clause (ii), the term wages has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). For purposes of the preceding sentence, such subsection (b) shall be applied as if the term United States included all possessions of the United States. (ii) Special rule for agricultural labor and railway labor \nIn any case to which subparagraph (A) or (B) of paragraph (1) of section 51(h) applies, the term wages has the meaning given to such term by section 51(h)(2). (3) Allocable employee fringe benefit expenses \n(A) In general \nThe allocable employee fringe benefit expenses of any qualified corporation for any taxable year is an amount which bears the same ratio to the amount determined under subparagraph (B) for such taxable year as— (i) the aggregate amount of the qualified corporation's qualified possession wages for such taxable year, bears to (ii) the aggregate amount of the wages paid or incurred by such qualified corporation during such taxable year. In no event shall the amount determined under the preceding sentence exceed 15 percent of the amount referred to in clause (i). (B) Expenses taken into account \nFor purposes of subparagraph (A), the amount determined under this subparagraph for any taxable year is the aggregate amount allowable (or, in the case of a foreign corporation, which would be allowable if such foreign corporation were a domestic corporation) as a deduction under this chapter to the qualified corporation for such taxable year with respect to— (i) employer contributions under a stock bonus, pension, profit-sharing, or annuity plan, (ii) employer-provided coverage under any accident or health plan for employees, and (iii) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (2)(D) shall not be taken into account under this subparagraph. (4) Depreciation rules \nFor purposes of this section— (A) Depreciation allowances \nThe term depreciation allowances means the depreciation deductions allowable (or, in the case of a foreign corporation, which would be allowable if such foreign corporation were a domestic corporation) under section 167 to the qualified corporation. (B) Qualified tangible property \nThe term qualified tangible property means any tangible property— (i) which is used by the qualified corporation in a possession of the United States in the active conduct of a trade or business within such possession, (ii) to which section 168 applies, and (iii) which is not 3-year property for purposes of such section. (d) Intangible low-Taxed income tax amount \nFor purposes of this section— (1) In general \nThe intangible low-taxed income tax amount is an amount equal to the lesser of— (A) the eligible possession intangible low-tax income tax amount, or (B) the global intangible low-taxed income tax amount. (2) Eligible possession intangible low-taxed income tax amount \n(A) In general \nThe eligible possession intangible low-taxed income tax amount is an amount equal to the excess of— (i) the product of— (I) the rate in effect under section 11 for the taxable year, and (II) the sum of the possession intangible low-taxed income amount for such taxable year and the amount which would be treated as a dividend under section 78 if only amounts attributable to such possession intangible low-tax income amount were taken into account under such section for such taxable year, reduced by the possession ILTI deduction for such taxable year, over (ii) an amount equal to the amount described in section 960(d), determined— (I) by substituting possession intangible low-taxed income amount (as defined in section 30E(d)(2)(B)) for global intangible low-taxed income (as defined in section 951A(b)) in paragraph (2)(A) thereof, and (II) by only taking into account income from the active conduct of a trade or business and from sources (determined under rules similar to the rules of part I of chapter N) within possessions of the United States for purposes of determining the amounts under paragraphs (2)(B) and (3) thereof. (B) Possession intangible low-taxed income amount \nThe possession intangible low-taxed income amount is equal to the amount of global intangible low-taxed income (as defined in section 951A(b)) for the taxable year, determined— (i) by only taking into account income from the active conduct of a trade or business and from sources (determined under rules similar to the rules of part I of chapter N) within possessions of the United States for purposes of determining the tested income and tested loss, and (ii) for purposes of determining the qualified business asset investment, by only taking into account specified tangible property which is predominantly used— (I) in the production of income described in clause (i), and (II) in possessions of the United States. (C) Possession ILTI deduction \nThe possession ILTI deduction is 50 percent (37.5 percent in the case of taxable years beginning after December 31, 2025) of— (i) the possession intangible low-taxed income amount (if any) for such taxable year, and (ii) the amount which would be treated as a dividend under section 78 if only amounts attributable to the amount described in clause (i) were taken into account. Rules similar to the rules of section 250(a)(2) (applied by substituting possession intangible low-taxed income amount (as defined in section 30E(d)(2)(B)) for global intangible low-taxed income amount in subsection (a)(1)(B)(i) for purposes of determining the amount described and taken into account therein) shall apply for purposes of this subparagraph. (3) Global intangible low-taxed income tax amount \nFor purposes of this subsection, the global intangible low-taxed income tax amount is an amount equal to the excess of— (A) the product of— (i) the rate in effect under section 11 for the taxable year, and (ii) the sum of global intangible low-taxed income amount determined under section 951A(b) for such taxable year and the amount which would be treated as a dividend under section 78 if only amounts attributable to such global intangible low-taxed income amount were taken into account under such section for such taxable year, reduced by an amount equal to the amount determined under section 250(a)(1)(B), over (B) an amount equal to the amount described in section 960(d) (determined after the application of section 904). (e) Possession \nThe term possession of the United States includes the Commonwealth of Puerto Rico and the Virgin Islands. (f) Credit not allowed against certain taxes \nThe credit provided by subsection (a) shall not be allowed against the tax imposed by— (1) section 531 (relating to the tax on accumulated earnings), (2) section 541 (relating to personal holding company tax), or (3) section 1351 (relating to recoveries of foreign expropriation losses). (g) Other rules \n(1) Denial of Double Benefit \n(A) Branches \nIn the case of a qualified domestic corporation described in subsection (b)(1)(A)— (i) no credit or deduction shall be allowed under this chapter for— (I) the portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of wages taken into account in determining the wage and asset limitation under subsection (c)(1)(A), (II) the portion of employee fringe benefit expenses for the taxable year which is equal to the amount of such expenses taken into account in determining the wage and asset limitation under subsection (c)(1)(A), and (III) the portion of depreciation allowances for the taxable year which is equal to the amount of such allowances taken into account under subsection (c)(1)(B), and (ii) any tax of a foreign country or a possession of the United States which is paid or accrued with respect to taxable income which is taken into account in computing the credit under subsection (a)(2)(A) shall not be treated as income, war profits, or excess profits taxes paid or accrued to a foreign country or possession of the United States, and no deduction shall be allowed under this title with respect to any amounts so paid or accrued. (B) Controlled foreign corporations \nIn the case of a qualified domestic corporation described in subsection (b)(1)(B), for purposes of determining tested income or tested loss under section 951A— (i) the deductions described in section 951A(c)(2)(A)(ii) attributable to wages shall be reduced by the amounts described in subparagraph (A)(i)(I), (ii) the deductions described in section 951A(c)(2)(A)(ii) attributable to employee fringe benefit expenses shall be reduced by the amounts described in subparagraph (A)(i)(II), and (iii) the deductions described in section 951A(c)(2)(A)(ii) attributable to depreciation allowances shall be reduced by the amounts described in subparagraph (A)(i)(III). (2) Carryover of certain unused limitation \n(A) Branches \n(i) In general \nIn the case of a qualified domestic corporation described in subsection (b)(1)(A), if the wage and asset limitation with respect to such corporation exceeds the amount described in subsection (a)(2)(A)(i), then such excess shall be a carryover to the first preceding taxable year and to any of the first 10 succeeding taxable years, in that order, and, subject to the limitations of clause (ii), shall be added to the wage and asset limitation for the taxable year to which it is carried. (ii) Limitation \nThe unused amount which may be taken into account under clause (i) for any taxable year shall not exceed the amount (if any) by which the amount described in subsection (a)(2)(A)(i) for such taxable year exceeds the sum of— (I) the wage and asset limitation with respect to such corporation for such taxable year determined without regard to this paragraph, and (II) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused amount. (B) Controlled foreign corporations \n(i) In general \nIn the case of a qualified domestic corporation described in subsection (b)(1)(B), if the amount described in subsection (a)(2)(B)(ii) for any taxable year exceeds the intangible low-taxed income tax amount, then such excess shall be a carryover to the first preceding taxable year and to any of the first 10 succeeding taxable years, in that order, and, subject to the limitations of clause (ii), shall be added to the amount described in subsection (a)(2)(B)(ii) for the taxable year to which it is carried. (ii) Limitation \nThe unused amount which may be taken into account under clause (i) for any taxable year shall not exceed the amount (if any) by which the intangible low-taxed income tax amount for such taxable year exceeds the sum of— (I) the amount described in subsection (a)(2)(B)(ii) for such taxable year determined without regard to this paragraph, and (II) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused amount. (3) Separate application to each possession \nFor purposes of determining the amount of the credit allowed under this section, this section shall be applied separately with respect to each possession.. (b) Conforming amendments \n(1) Section 904(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Coordination with section 30E \nFor purposes of subsection (a), in the case of a qualified domestic corporation described in section 30E(b)(1)(A), the taxable income shall not include any portion thereof taken into account for purposes of the credit (if any) allowed by section 30E (without regard to subsection (c) thereof).. (2) Section 904(f)(1) of such Code is amended by inserting and section 30E after For purposes of this subpart. (3) Section 904(g)(1) of such Code is amended by striking section 936 and inserting section 30E. (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 30E. Possession economic activity credit.. (c) Treatment of credit under BEAT \nSection 59A(b)(1)(B)(ii) of the Internal Revenue Code of 1986 is amended by redesignating subclause (II) as subclause (III) and by inserting after subclause (I) the following new subclause: (II) the credit allowed under section 30E, plus. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "id3CB2736D826444B6AF7149307424D8E2", "header": "Credit for economic activity in possessions of the United States" }, { "text": "30E. Possession economic activity credit \n(a) Allowance of credit \n(1) In general \nExcept as otherwise provided in this section, in the case of a qualified domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount determined under paragraph (2). (2) Determination of amount \nThe amount determined under this paragraph is— (A) in the case of a qualified domestic corporation described in subsection (b)(1)(A), the lesser of— (i) the portion of the tax which is attributable to the taxable income, from sources without the United States, from— (I) the active conduct of a trade or business within a possession of the United States, or (II) the sale or exchange of substantially all of the assets used by the taxpayer in the active conduct of such trade or business, or (ii) the wage and asset limitation with respect to such corporation, and (B) in the case of a qualified domestic corporation described in subsection (b)(1)(B), the lesser of— (i) the intangible low-taxed income tax amount, or (ii) the sum of the qualified domestic corporation's pro rata share (determined in a manner similar to the manner provided in section 951A(e)(1)) of the wage and asset limitations with respect to each foreign qualified corporation of which such qualified domestic corporation is a United States shareholder. (b) Qualified domestic corporation; qualified corporation \nFor purposes of this section— (1) In general \nThe term qualified domestic corporation means any domestic corporation which is— (A) a qualified corporation, or (B) a United States shareholder of a foreign corporation which— (i) is a qualified corporation, and (ii) is wholly owned by corporations which are members of the same affiliated group as such United States shareholder. (2) Qualified corporation \nThe term qualified corporation means any corporation if such corporation meets the following requirements: (A) Source qualification \n80 percent or more of the gross income of the corporation for the 3-year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States (determined without regard to section 904(f)). (B) Trade or business qualification \n75 percent or more of the gross income of the corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. (3) Special rule for separate and clearly identified units of foreign corporations \n(A) In general \nIn the case of a United States shareholder of a foreign corporation which— (i) is not a qualified corporation but with respect to which the ownership requirements of paragraph (1)(B)(ii) are met, and (ii) has an eligible foreign business unit which, if such unit were a corporation, would be a qualified corporation with respect to which such ownership requirements would be met, then, for purposes of this section, the United States shareholder may elect to treat such unit as a separate foreign corporation which meets the requirements of paragraph (1)(B) and with respect to which such shareholder is a United States shareholder. (B) Eligible foreign business unit \nFor purposes of this paragraph, the term eligible foreign business unit means a separate and clearly identified foreign unit of a trade or business, including a partnership or an entity treated as disregarded as a separate entity from its owner (under section 7701 or other provision under this title), which maintains separate books and records. (C) Special election for affiliated groups \nIn the case of an affiliated group described in paragraph (1)(B)(ii), the election under subparagraph (A) with respect to any eligible foreign business unit shall be made by the common parent of such group and shall apply uniformly to all members of such group which are United States shareholders with respect to the foreign corporation which has such unit. (c) Wage and asset limitation \n(1) In general \nThe wage and asset limitation with respect to any qualified corporation for any taxable year is an amount equal to the sum of the following amounts: (A) 40 percent of the sum of— (i) the aggregate amount of the qualified corporation's qualified possession wages for such taxable year, plus (ii) the allocable employee fringe benefit expenses of the qualified corporation for such taxable year. (B) 25 percent of the depreciation allowances for the taxable year with respect to qualified tangible property. (C) In the case of a qualified domestic corporation described in subsection (b)(1)(A), the amount of the possession income taxes for the taxable year attributable to income described in subsection (a)(2)(A)(i). (2) Qualified possession wages \nFor purposes of this section— (A) In general \nThe term qualified possession wages means wages paid or incurred by the qualified corporation during the taxable year in connection with the active conduct of a trade or business within a possession of the United States to any employee for services performed in such possession, but only if such services are performed while the principal place of employment of such employee is within such possession. (B) Limitation on amount of wages taken into account \n(i) In general \nThe amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. (ii) Treatment of part-time employees, etc \nIf— (I) any employee is not employed by the qualified corporation on a substantially full-time basis at all times during the taxable year, or (II) the principal place of employment of any employee with the qualified corporation is not within a possession at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). (C) Treatment of certain employees \nThe term qualified possession wages shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. All qualified corporations treated as 1 corporation under subsection (f)(1) shall be treated as 1 employer for purposes of the preceding sentence. (D) Wages \n(i) In general \nExcept as provided in clause (ii), the term wages has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). For purposes of the preceding sentence, such subsection (b) shall be applied as if the term United States included all possessions of the United States. (ii) Special rule for agricultural labor and railway labor \nIn any case to which subparagraph (A) or (B) of paragraph (1) of section 51(h) applies, the term wages has the meaning given to such term by section 51(h)(2). (3) Allocable employee fringe benefit expenses \n(A) In general \nThe allocable employee fringe benefit expenses of any qualified corporation for any taxable year is an amount which bears the same ratio to the amount determined under subparagraph (B) for such taxable year as— (i) the aggregate amount of the qualified corporation's qualified possession wages for such taxable year, bears to (ii) the aggregate amount of the wages paid or incurred by such qualified corporation during such taxable year. In no event shall the amount determined under the preceding sentence exceed 15 percent of the amount referred to in clause (i). (B) Expenses taken into account \nFor purposes of subparagraph (A), the amount determined under this subparagraph for any taxable year is the aggregate amount allowable (or, in the case of a foreign corporation, which would be allowable if such foreign corporation were a domestic corporation) as a deduction under this chapter to the qualified corporation for such taxable year with respect to— (i) employer contributions under a stock bonus, pension, profit-sharing, or annuity plan, (ii) employer-provided coverage under any accident or health plan for employees, and (iii) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (2)(D) shall not be taken into account under this subparagraph. (4) Depreciation rules \nFor purposes of this section— (A) Depreciation allowances \nThe term depreciation allowances means the depreciation deductions allowable (or, in the case of a foreign corporation, which would be allowable if such foreign corporation were a domestic corporation) under section 167 to the qualified corporation. (B) Qualified tangible property \nThe term qualified tangible property means any tangible property— (i) which is used by the qualified corporation in a possession of the United States in the active conduct of a trade or business within such possession, (ii) to which section 168 applies, and (iii) which is not 3-year property for purposes of such section. (d) Intangible low-Taxed income tax amount \nFor purposes of this section— (1) In general \nThe intangible low-taxed income tax amount is an amount equal to the lesser of— (A) the eligible possession intangible low-tax income tax amount, or (B) the global intangible low-taxed income tax amount. (2) Eligible possession intangible low-taxed income tax amount \n(A) In general \nThe eligible possession intangible low-taxed income tax amount is an amount equal to the excess of— (i) the product of— (I) the rate in effect under section 11 for the taxable year, and (II) the sum of the possession intangible low-taxed income amount for such taxable year and the amount which would be treated as a dividend under section 78 if only amounts attributable to such possession intangible low-tax income amount were taken into account under such section for such taxable year, reduced by the possession ILTI deduction for such taxable year, over (ii) an amount equal to the amount described in section 960(d), determined— (I) by substituting possession intangible low-taxed income amount (as defined in section 30E(d)(2)(B)) for global intangible low-taxed income (as defined in section 951A(b)) in paragraph (2)(A) thereof, and (II) by only taking into account income from the active conduct of a trade or business and from sources (determined under rules similar to the rules of part I of chapter N) within possessions of the United States for purposes of determining the amounts under paragraphs (2)(B) and (3) thereof. (B) Possession intangible low-taxed income amount \nThe possession intangible low-taxed income amount is equal to the amount of global intangible low-taxed income (as defined in section 951A(b)) for the taxable year, determined— (i) by only taking into account income from the active conduct of a trade or business and from sources (determined under rules similar to the rules of part I of chapter N) within possessions of the United States for purposes of determining the tested income and tested loss, and (ii) for purposes of determining the qualified business asset investment, by only taking into account specified tangible property which is predominantly used— (I) in the production of income described in clause (i), and (II) in possessions of the United States. (C) Possession ILTI deduction \nThe possession ILTI deduction is 50 percent (37.5 percent in the case of taxable years beginning after December 31, 2025) of— (i) the possession intangible low-taxed income amount (if any) for such taxable year, and (ii) the amount which would be treated as a dividend under section 78 if only amounts attributable to the amount described in clause (i) were taken into account. Rules similar to the rules of section 250(a)(2) (applied by substituting possession intangible low-taxed income amount (as defined in section 30E(d)(2)(B)) for global intangible low-taxed income amount in subsection (a)(1)(B)(i) for purposes of determining the amount described and taken into account therein) shall apply for purposes of this subparagraph. (3) Global intangible low-taxed income tax amount \nFor purposes of this subsection, the global intangible low-taxed income tax amount is an amount equal to the excess of— (A) the product of— (i) the rate in effect under section 11 for the taxable year, and (ii) the sum of global intangible low-taxed income amount determined under section 951A(b) for such taxable year and the amount which would be treated as a dividend under section 78 if only amounts attributable to such global intangible low-taxed income amount were taken into account under such section for such taxable year, reduced by an amount equal to the amount determined under section 250(a)(1)(B), over (B) an amount equal to the amount described in section 960(d) (determined after the application of section 904). (e) Possession \nThe term possession of the United States includes the Commonwealth of Puerto Rico and the Virgin Islands. (f) Credit not allowed against certain taxes \nThe credit provided by subsection (a) shall not be allowed against the tax imposed by— (1) section 531 (relating to the tax on accumulated earnings), (2) section 541 (relating to personal holding company tax), or (3) section 1351 (relating to recoveries of foreign expropriation losses). (g) Other rules \n(1) Denial of Double Benefit \n(A) Branches \nIn the case of a qualified domestic corporation described in subsection (b)(1)(A)— (i) no credit or deduction shall be allowed under this chapter for— (I) the portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of wages taken into account in determining the wage and asset limitation under subsection (c)(1)(A), (II) the portion of employee fringe benefit expenses for the taxable year which is equal to the amount of such expenses taken into account in determining the wage and asset limitation under subsection (c)(1)(A), and (III) the portion of depreciation allowances for the taxable year which is equal to the amount of such allowances taken into account under subsection (c)(1)(B), and (ii) any tax of a foreign country or a possession of the United States which is paid or accrued with respect to taxable income which is taken into account in computing the credit under subsection (a)(2)(A) shall not be treated as income, war profits, or excess profits taxes paid or accrued to a foreign country or possession of the United States, and no deduction shall be allowed under this title with respect to any amounts so paid or accrued. (B) Controlled foreign corporations \nIn the case of a qualified domestic corporation described in subsection (b)(1)(B), for purposes of determining tested income or tested loss under section 951A— (i) the deductions described in section 951A(c)(2)(A)(ii) attributable to wages shall be reduced by the amounts described in subparagraph (A)(i)(I), (ii) the deductions described in section 951A(c)(2)(A)(ii) attributable to employee fringe benefit expenses shall be reduced by the amounts described in subparagraph (A)(i)(II), and (iii) the deductions described in section 951A(c)(2)(A)(ii) attributable to depreciation allowances shall be reduced by the amounts described in subparagraph (A)(i)(III). (2) Carryover of certain unused limitation \n(A) Branches \n(i) In general \nIn the case of a qualified domestic corporation described in subsection (b)(1)(A), if the wage and asset limitation with respect to such corporation exceeds the amount described in subsection (a)(2)(A)(i), then such excess shall be a carryover to the first preceding taxable year and to any of the first 10 succeeding taxable years, in that order, and, subject to the limitations of clause (ii), shall be added to the wage and asset limitation for the taxable year to which it is carried. (ii) Limitation \nThe unused amount which may be taken into account under clause (i) for any taxable year shall not exceed the amount (if any) by which the amount described in subsection (a)(2)(A)(i) for such taxable year exceeds the sum of— (I) the wage and asset limitation with respect to such corporation for such taxable year determined without regard to this paragraph, and (II) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused amount. (B) Controlled foreign corporations \n(i) In general \nIn the case of a qualified domestic corporation described in subsection (b)(1)(B), if the amount described in subsection (a)(2)(B)(ii) for any taxable year exceeds the intangible low-taxed income tax amount, then such excess shall be a carryover to the first preceding taxable year and to any of the first 10 succeeding taxable years, in that order, and, subject to the limitations of clause (ii), shall be added to the amount described in subsection (a)(2)(B)(ii) for the taxable year to which it is carried. (ii) Limitation \nThe unused amount which may be taken into account under clause (i) for any taxable year shall not exceed the amount (if any) by which the intangible low-taxed income tax amount for such taxable year exceeds the sum of— (I) the amount described in subsection (a)(2)(B)(ii) for such taxable year determined without regard to this paragraph, and (II) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused amount. (3) Separate application to each possession \nFor purposes of determining the amount of the credit allowed under this section, this section shall be applied separately with respect to each possession.", "id": "idA184B03420B341F5B58925897CDF6875", "header": "Possession economic activity credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Zombie Programs Survival Guide Act.", "id": "S1", "header": "Short title" }, { "text": "2. Guidance for agencies \n(a) Definitions \n(1) Covered agency \nThe term covered agency means— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title, 44, United States Code. (2) Federal financial assistance; program \nThe terms Federal financial assistance and program have the meaning given those terms in section 1122(a) of title 31, United States Code. (3) Relevant report \nThe term relevant report means— (A) a report described in section 3516(a)(2) of title 31, United States Code; or (B) the consolidated report described in section 3516(a)(1) of title 31, United States Code. (b) Guidance \nNot later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance that requires the head of each covered agency to include, on an annual basis, in a relevant report— (1) a list of each program and revolving fund of the covered agency that— (A) provides Federal financial assistance; and (B) did not provide Federal financial assistance during the 1-year period preceding the date of the report; (2) an explanation of why each program or revolving fund described in paragraph (1) did not award Federal financial assistance during the 1-year period preceding the date of the report; and (3) the amount of budget authority available for each program or revolving fund described in paragraph (1).", "id": "id8466CB3AF098461A9EE7E28A32E9C901", "header": "Guidance for agencies" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Elder Justice Reauthorization and Modernization Act of 2021.", "id": "H86F99D2E265D4644811A095C0D8451DE", "header": "Short title" }, { "text": "2. Reauthorization of funding for programs to prevent, and investigate elder abuse, neglect, and exploitation \n(a) Nursing home worker training grants \nSection 2041 of the Social Security Act ( 42 U.S.C. 1397m ) is amended to read as follows: 2041. Nursing home worker training grants \n(a) In general \n(1) State entitlement \n(A) In general \nEach State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments \n(i) In general \nSubject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set, divided by (II) the total number of such residents of all States. (ii) Limitation \nThe amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments \nSubject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations \n(I) Frequency \nThe Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation \nSubject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2026 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations \n(A) In general \nThe Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula \nThe Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants \nA State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds \n(1) Required uses \nA State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(1)(A); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses \nA State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings \nA State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation \nA State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline \nA State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration \nA State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports \n(1) State reports \nNot less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report. (2) Report to the Congress \nNot later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(1)(A) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(1)(A) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(1)(A) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation \nOut of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2022 through 2025 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions \nIn this section: (1) Available amount \nThe term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual \nThe term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting \nThe term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act.. (b) Adult protective services functions and grant programs \n(1) Direct funding; State entitlement \nSection 2042 of the Social Security Act ( 42 U.S.C. 1397m–1 ) is amended— (A) in subsection (a), by striking paragraph (2) and inserting the following: (2) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $8,000,000 for each of fiscal years 2023 through 2025 to carry out this section. ; (B) in subsection (b)— (i) in paragraph (2), by striking the availability of appropriations and ; and (ii) by striking paragraph (5) and inserting the following: (5) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $400,000,000 for each of fiscal years 2023 through 2025 to carry out this section. ; and (C) in subsection (c), by striking paragraph (6) and inserting the following: (6) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $75,000,000 for each of fiscal years 2023 through 2025 to carry out this section.. (2) State entitlement; grants to Indian tribes and tribal organizations \nSection 2042 of such Act ( 42 U.S.C. 1397m–1 ) is amended— (A) in subsection (a)(1)(A), by striking State and local and inserting State, local, and tribal ; (B) in subsection (b)(1), by striking the Secretary shall annually award grants to States in the amounts calculated under paragraph (2) and inserting each State shall be entitled to annually receive from the Secretary in the amounts calculated under paragraph (2), and the Secretary may annually award to each Indian tribe and tribal organization in accordance with paragraph (3), grants ; (C) in subsection (b)(2)— (i) in the paragraph heading, by inserting for a State after payment ; (ii) by inserting that remains after the reservation under paragraph (3)(B) before multiplied ; and (iii) in subparagraph (B)(i)— (I) by inserting that so remains after such year ; and (II) by inserting amount so appropriated and inserting remaining amount ; and (D) in subsection (b), by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively, and inserting after paragraph (2) the following: (3) Amount of payment to Indian tribe or tribal organization \n(A) In general \nThe Secretary, in consultation with Indian tribes and tribal organizations, shall determine the amount of any grant to be made to each Indian tribe and tribal organization from the amount reserved under subparagraph (B) of this paragraph. Paragraphs (4) and (5) shall apply to grantees under this paragraph in the same manner in which the paragraphs apply to States. (B) Reservation of funds \nThe Secretary shall reserve 2 percent of the amount made available by subsection (b)(6) for each fiscal year for grants under this paragraph. ; (3) in subsection (c)— (A) in paragraph (1), by striking to States and inserting to States, Indian tribes, and tribal organizations ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting and Indian tribes and tribal organizations after government ; and (ii) in subparagraph (D), by inserting or Indian tribe or tribal organization, as the case may be after government ; (C) in paragraph (4), by inserting or Indian tribe or tribal organization after a State the 1st place it appears; and (D) in paragraph (5)— (i) by inserting or Indian tribe or tribal organization after Each State ; and (ii) by inserting or Indian tribe or tribal organization, as the case may be after the State ; and (4) by adding at the end the following: (d) Definitions of Indian tribe and tribal organization \nIn this section, the terms Indian tribe and tribal organization have the meanings given the terms in section 419.. (c) Long-Term care ombudsman program grants and training \nSection 2043 of the Social Security Act ( 42 U.S.C. 1397m–2 ) is amended— (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this subsection— (A) $22,500,000 for fiscal year 2023; and (B) $30,000,000 for each of fiscal years 2024 and 2025. ; and (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $30,000,000 for each of fiscal years 2023 through 2025 to carry out this subsection.. (d) Incentives for developing and sustaining structural competency in providing health and human services \n(1) In general \nPart II of subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397m–5 ) is amended by adding at the end the following: 2047. Incentives for developing and sustaining structural competency in providing health and human services \n(a) Grants to States To support linkages to legal services and medical legal partnerships \n(1) In general \nWithin 2 years after the date of the enactment of this section, the Secretary shall establish and administer a program of grants to States to support the adoption of evidence-based approaches to establishing or improving and maintaining real-time linkages between health and social services and supports for vulnerable elders or in conjunction with authorized representatives of vulnerable elders, including through the following: (A) Medical-legal partnerships \nThe establishment and support of medical-legal partnerships, the incorporation of the partnerships in the elder justice framework and health and human services safety net, and the implementation and operation of such a partnership by an eligible grantee— (i) at the option of a State, in conjunction with an area agency on aging; (ii) in a solo provider practice in a health professional shortage area (as defined in section 332(a) of the Public Health Service Act), a medically underserved community (as defined in section 399V of such Act), or a rural area (as defined in section 330J of such Act); (iii) in a minority-serving institution of higher learning with health, law, and social services professional programs; (iv) in a federally qualified health center, as described in section 330 of the Public Health Service Act, or look-alike, as described in section 1905(l)(2)(B) of this Act; or (v) in certain hospitals that are critical access hospitals, Medicare-dependent hospitals, sole community hospitals, rural emergency hospitals, or that serve a high proportion of Medicare or Medicaid patients. (B) Legal hotlines development or expansion \nThe provision of incentives to develop, enhance, and integrate platforms, such as legal assistance hotlines, that help to facilitate the identification of older adults who could benefit from linkages to available legal services such as those described in subparagraph (A). (2) State reports \nEach State to which a grant is made under this subsection shall submit to the Secretary biannual reports on the activities carried out by the State pursuant to this subsection, which shall include assessments of the effectiveness of the activities with respect to— (A) the number of unique individuals identified through the mechanism outlined in paragraph (1)(B) who are referred to services described in paragraph (1)(A), and the average time period associated with resolving issues; (B) the success rate for referrals to community-based resources; and (C) other factors determined relevant by the Secretary. (3) Evaluation \nThe Secretary shall, by grant, contract, or interagency agreement, evaluate the activities conducted pursuant to this subsection, which shall include a comparison among the States. (4) Report to the Congress \nEvery 4 years, the Secretary shall submit to the Congress a written report on the activities conducted under this subsection. (5) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $125,000,000 for each of fiscal years 2022 through 2025 to carry out this subsection. (6) Supplement not supplant \nSupport provided to area agencies on aging, State units on aging, eligible entities, or other community-based organizations pursuant to this subsection shall be used to supplement and not supplant any other Federal, State, or local funds expended to provide the same or comparable services described in this subsection. (b) Grants and training To support area agencies on aging or other community-Based organizations To address social isolation among vulnerable older adults and people with disabilities \n(1) Grants \nThe Secretary shall make grants to eligible area agencies on aging or other community-based organizations for the purpose of— (A) conducting outreach to individuals at risk for, or already experiencing, social isolation or loneliness, through established screening tools or other methods identified by the Secretary; (B) developing community-based interventions for the purposes of mitigating loneliness or social isolation (including evidence-based programs, as defined by the Secretary, developed with multi-stakeholder input for the purposes of promoting social connection, mitigating social isolation or loneliness, or preventing social isolation or loneliness) among at-risk individuals; (C) connecting at-risk individuals with community social and clinical supports; and (D) evaluating the effect of programs developed and implemented under subparagraphs (B) and (C). (2) Training \n(A) In general \nThe Secretary shall establish programs to provide and improve training for area agencies on aging or community-based organizations with respect to addressing and preventing social isolation and loneliness among older adults and people with disabilities. (B) Prioritization authority \nFor purposes of connecting at-risk individuals with existing community social and clinical supports, the Secretary may, in carrying out subparagraph (A), prioritize models that incorporate training and service delivery in coordination with medical-legal partnerships. (3) Evaluation \nNot later than 3 years after the date of the enactment of this section and every 3 years thereafter, the Secretary shall submit to the Congress a written report which assesses the extent to which the programs established under this subsection address social isolation and loneliness among older adults and people with disabilities. (4) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $62,500,000 for each of fiscal years 2022 through 2025 to carry out this subsection. (5) Coordination \nThe Secretary shall coordinate with resource centers, grant programs, or other funding mechanisms established under section 411(a)(18) of the Older Americans Act ( 42 U.S.C. 3032(a)(18) ), section 417(a)(1) of such Act ( 42 U.S.C. 3032F(a)(1) ), or other programs as determined by the Secretary. (c) Definitions \nIn this section: (1) Area agency on aging \nThe term area agency on aging means an area agency on aging designated under section 305 of the Older Americans Act of 1965. (2) Social isolation \nThe term social isolation means objectively being alone, or having few relationships or infrequent social contact. (3) Loneliness \nThe term loneliness means subjectively feeling alone, or the discrepancy between one’s desired level of social connection and one’s actual level of social connection. (4) Social connection \nThe term social connection means the variety of ways one can connect to others socially, through physical, behavioral, social-cognitive, and emotional channels. (5) Community-based organization \nThe term community-based organization includes, except as otherwise provided by the Secretary, a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.. (2) Clarification that medical-legal partnerships are authorized adult protective services activities \nSection 2011 of such Act ( 42 U.S.C. 1397j ) is amended— (A) in paragraph (2)(D), by inserting , including through a medical-legal partnership before the period; and (B) by redesignating paragraphs (16) through (22) as paragraphs (17) through (23), respectively, and inserting after paragraph (15) the following: (16) Medical-legal partnership \nThe term medical-legal partnership means an arrangement in a health care or social services setting which integrates lawyers and social workers to address the needs of an individual patient related to social determinants of health, and to help clinicians, case managers, and social workers address structural problems at the root of many health inequities, including a multidisciplinary team integrated into such a setting to address the needs and establish and maintain structural competence within clinicians, case managers, and social workers to best address structural problems at the root of many health inequities.. (e) Technical amendment \nSection 2011(12)(A) of the Social Security Act ( 42 U.S.C. 1397j(12)(A) ) is amended by striking 450b and inserting 5304.", "id": "H678C1AAE346D40E4987D21AD4F9BAD5E", "header": "Reauthorization of funding for programs to prevent, and investigate elder abuse, neglect, and exploitation" }, { "text": "2041. Nursing home worker training grants \n(a) In general \n(1) State entitlement \n(A) In general \nEach State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments \n(i) In general \nSubject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set, divided by (II) the total number of such residents of all States. (ii) Limitation \nThe amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments \nSubject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations \n(I) Frequency \nThe Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation \nSubject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2026 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations \n(A) In general \nThe Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula \nThe Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants \nA State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds \n(1) Required uses \nA State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(1)(A); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses \nA State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings \nA State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation \nA State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline \nA State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration \nA State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports \n(1) State reports \nNot less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report. (2) Report to the Congress \nNot later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(1)(A) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(1)(A) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(1)(A) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation \nOut of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2022 through 2025 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions \nIn this section: (1) Available amount \nThe term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual \nThe term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting \nThe term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act.", "id": "HF8450D5647DD4844A303192F9BCFE3CD", "header": "Nursing home worker training grants" }, { "text": "2047. Incentives for developing and sustaining structural competency in providing health and human services \n(a) Grants to States To support linkages to legal services and medical legal partnerships \n(1) In general \nWithin 2 years after the date of the enactment of this section, the Secretary shall establish and administer a program of grants to States to support the adoption of evidence-based approaches to establishing or improving and maintaining real-time linkages between health and social services and supports for vulnerable elders or in conjunction with authorized representatives of vulnerable elders, including through the following: (A) Medical-legal partnerships \nThe establishment and support of medical-legal partnerships, the incorporation of the partnerships in the elder justice framework and health and human services safety net, and the implementation and operation of such a partnership by an eligible grantee— (i) at the option of a State, in conjunction with an area agency on aging; (ii) in a solo provider practice in a health professional shortage area (as defined in section 332(a) of the Public Health Service Act), a medically underserved community (as defined in section 399V of such Act), or a rural area (as defined in section 330J of such Act); (iii) in a minority-serving institution of higher learning with health, law, and social services professional programs; (iv) in a federally qualified health center, as described in section 330 of the Public Health Service Act, or look-alike, as described in section 1905(l)(2)(B) of this Act; or (v) in certain hospitals that are critical access hospitals, Medicare-dependent hospitals, sole community hospitals, rural emergency hospitals, or that serve a high proportion of Medicare or Medicaid patients. (B) Legal hotlines development or expansion \nThe provision of incentives to develop, enhance, and integrate platforms, such as legal assistance hotlines, that help to facilitate the identification of older adults who could benefit from linkages to available legal services such as those described in subparagraph (A). (2) State reports \nEach State to which a grant is made under this subsection shall submit to the Secretary biannual reports on the activities carried out by the State pursuant to this subsection, which shall include assessments of the effectiveness of the activities with respect to— (A) the number of unique individuals identified through the mechanism outlined in paragraph (1)(B) who are referred to services described in paragraph (1)(A), and the average time period associated with resolving issues; (B) the success rate for referrals to community-based resources; and (C) other factors determined relevant by the Secretary. (3) Evaluation \nThe Secretary shall, by grant, contract, or interagency agreement, evaluate the activities conducted pursuant to this subsection, which shall include a comparison among the States. (4) Report to the Congress \nEvery 4 years, the Secretary shall submit to the Congress a written report on the activities conducted under this subsection. (5) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $125,000,000 for each of fiscal years 2022 through 2025 to carry out this subsection. (6) Supplement not supplant \nSupport provided to area agencies on aging, State units on aging, eligible entities, or other community-based organizations pursuant to this subsection shall be used to supplement and not supplant any other Federal, State, or local funds expended to provide the same or comparable services described in this subsection. (b) Grants and training To support area agencies on aging or other community-Based organizations To address social isolation among vulnerable older adults and people with disabilities \n(1) Grants \nThe Secretary shall make grants to eligible area agencies on aging or other community-based organizations for the purpose of— (A) conducting outreach to individuals at risk for, or already experiencing, social isolation or loneliness, through established screening tools or other methods identified by the Secretary; (B) developing community-based interventions for the purposes of mitigating loneliness or social isolation (including evidence-based programs, as defined by the Secretary, developed with multi-stakeholder input for the purposes of promoting social connection, mitigating social isolation or loneliness, or preventing social isolation or loneliness) among at-risk individuals; (C) connecting at-risk individuals with community social and clinical supports; and (D) evaluating the effect of programs developed and implemented under subparagraphs (B) and (C). (2) Training \n(A) In general \nThe Secretary shall establish programs to provide and improve training for area agencies on aging or community-based organizations with respect to addressing and preventing social isolation and loneliness among older adults and people with disabilities. (B) Prioritization authority \nFor purposes of connecting at-risk individuals with existing community social and clinical supports, the Secretary may, in carrying out subparagraph (A), prioritize models that incorporate training and service delivery in coordination with medical-legal partnerships. (3) Evaluation \nNot later than 3 years after the date of the enactment of this section and every 3 years thereafter, the Secretary shall submit to the Congress a written report which assesses the extent to which the programs established under this subsection address social isolation and loneliness among older adults and people with disabilities. (4) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $62,500,000 for each of fiscal years 2022 through 2025 to carry out this subsection. (5) Coordination \nThe Secretary shall coordinate with resource centers, grant programs, or other funding mechanisms established under section 411(a)(18) of the Older Americans Act ( 42 U.S.C. 3032(a)(18) ), section 417(a)(1) of such Act ( 42 U.S.C. 3032F(a)(1) ), or other programs as determined by the Secretary. (c) Definitions \nIn this section: (1) Area agency on aging \nThe term area agency on aging means an area agency on aging designated under section 305 of the Older Americans Act of 1965. (2) Social isolation \nThe term social isolation means objectively being alone, or having few relationships or infrequent social contact. (3) Loneliness \nThe term loneliness means subjectively feeling alone, or the discrepancy between one’s desired level of social connection and one’s actual level of social connection. (4) Social connection \nThe term social connection means the variety of ways one can connect to others socially, through physical, behavioral, social-cognitive, and emotional channels. (5) Community-based organization \nThe term community-based organization includes, except as otherwise provided by the Secretary, a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.", "id": "HD61569CE1AEB4C88978DED6AB4773FB5", "header": "Incentives for developing and sustaining structural competency in providing health and human services" }, { "text": "3. Assessment reports \n(a) In general \nNot later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the programs, coordinating bodies, registries, and activities established or authorized under subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397l et seq. ) or section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i–3a(b)). Each such report shall assess the extent to which such programs, coordinating bodies, registries, and activities have improved access to, and the quality of, resources available to aging Americans and their caregivers to ultimately prevent, detect, and treat abuse, neglect, and exploitation, and shall include, as appropriate, recommendations to Congress on funding levels and policy changes to help these programs, coordinating bodies, registries, and activities better prevent, detect, and treat abuse, neglect, and exploitation of aging Americans. (b) Appropriation \nOut of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2022 through 2025 to carry out this section.", "id": "H9DC104E55C9346EC9F5A4121943FCE0B", "header": "Assessment reports" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Fair Elections Now Act of 2022. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Small Donor Incentive Programs Sec. 101. Sense of the Senate regarding small donor incentive programs. TITLE II—Small Dollar Financing of Senate Election Campaigns Sec. 201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 202. Prohibition on joint fundraising committees. Sec. 203. Exception to limitation on coordinated expenditures by political party committees with participating candidates. TITLE III—Responsibilities of the Federal Election Commission Sec. 301. Petition for certiorari. Sec. 302. Electronic filing of FEC reports. TITLE IV—Revenue Provisions Sec. 401. Freedom From Influence Fund revenue. TITLE V—Miscellaneous Provisions Sec. 501. Severability. Sec. 502. Effective date.", "id": "S1", "header": "Short title; table of contents" }, { "text": "101. Sense of the Senate regarding small donor incentive programs \nIt is the sense of the Senate that Congress should take steps to allow more Americans to fully participate in our democracy through authorizing publicly financed small donor incentive programs, including small-dollar voucher programs that broaden and diversify the number of Americans who are able to have their voice heard in the marketplace of ideas.", "id": "idb42e8be17296455c9b58d737fb7e98c1", "header": "Sense of the Senate regarding small donor incentive programs" }, { "text": "201. Eligibility requirements and benefits of fair elections financing of Senate election campaigns \nThe Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following: V Fair Elections Financing of Senate Election Campaigns \nA General provisions \n501. Definitions \nIn this title: (1) Allocation from the fund \nThe term allocation from the Fund means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. (2) Commission \nThe term Commission means the Federal Election Commission. (3) Enhanced matching contribution \nThe term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524. (4) Enhanced support qualifying period \nThe term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. (5) Fair elections qualifying period \nThe term Fair Elections qualifying period means, with respect to any candidate for Senator, the period— (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (6) Fair elections start date \nThe term Fair Elections start date means, with respect to any candidate, the date that is 180 days before— (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (7) Fund \nThe term Fund means the Freedom From Influence Fund established by section 502. (8) Immediate family \nThe term immediate family means, with respect to any candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (9) Matching contribution \nThe term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. (10) Nonparticipating candidate \nThe term nonparticipating candidate means a candidate for Senator who is not a participating candidate. (11) Participating candidate \nThe term participating candidate means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. (12) Qualifying contribution \nThe term qualifying contribution means, with respect to a candidate, a contribution that— (A) is in an amount that is— (i) not less than $5; and (ii) not more than $200; (B) is made by an individual who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (13) Qualified small dollar contribution \nThe term qualified small dollar contribution means, with respect to a candidate, any contribution (or series of contributions)— (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed $200 per election. (14) Qualifying multicandidate political committee contribution \n(A) In general \nThe term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)). (B) Qualified account \nFor purposes of subparagraph (A), the term qualified account means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: (i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. (ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C). 502. Freedom from Influence Fund \n(a) Establishment \nThere is established in the Treasury a fund to be known as the Freedom from Influence Fund. (b) Amounts held by Fund \nThe Fund shall consist of the following amounts: (1) Appropriated amounts \n(A) In general \nAmounts appropriated to the Fund. (B) Sense of the Senate regarding appropriations \nIt is the sense of the Senate that— (i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has a contract with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to each contract, except that the aggregate tax on each contract for any taxable year shall not exceed $500,000; and (ii) the revenue from such tax should be appropriated to the Fund. (2) Voluntary contributions \nVoluntary contributions to the Fund. (3) Other deposits \nAmounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of allocations from the Fund); (C) section 532 (relating to violations); and (D) any other section of this Act. (4) Investment returns \nInterest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment \nThe Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund \n(1) In general \nThe sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. (2) Insufficient amounts \nUnder regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply. B Eligibility and certification \n511. Eligibility \n(a) In general \nA candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 513(d)(2). (4) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election \nNotwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement \n(a) In general \nA candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the sum of— (A) 2,000; plus (B) 500 for each congressional district in the State with respect to which the candidate is seeking election; and (2) a total dollar amount of qualifying contributions equal to 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate. (b) Requirements relating to receipt of qualifying contribution \nEach qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions \nThe Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements \n(a) General rule \nA candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000; and (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc \nA political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $200; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Special rules for personal funds \nA candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (1) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (2) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (d) Requirements relating to subsequent contributions and notification requirements \n(1) Restriction on subsequent contributions \n(A) Prohibiting donor from making subsequent nonqualified contributions during election cycle \nAn individual who makes a qualified small dollar contribution to a candidate with respect to an election may not make any subsequent contribution to such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Treatment of subsequent nonqualified contributions \nIf, notwithstanding the prohibition described in subparagraph (A), an individual who makes a qualified small dollar contribution to a candidate with respect to an election makes a subsequent contribution to such candidate with respect to the election which is prohibited under subparagraph (A) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (i) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (13)(C) of section 501 (relating to the aggregate amount of qualified small dollar contributions that may be made by an individual to a candidate), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in such paragraph. (ii) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom from Influence Fund established by section 502 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. (C) No effect on ability to make multiple contributions \nNothing in this subsection may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets the definition of a qualified small dollar contribution under section 501(13). (2) Notification requirements for candidates \n(A) Notification \nEach authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (i) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (ii) A statement that a contribution which meets the definition of a qualified small dollar contribution under section 501(13) shall be treated as a qualified small dollar contribution under this title. (iii) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (B) Alternative methods of meeting requirements \nAn authorized committee may meet the requirements of subparagraph (A)— (i) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (ii) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). (e) Exception \nNotwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Certification \n(a) In general \nNot later than 5 days after a candidate for Senator files an affidavit under section 511(a)(4), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission’s determination. (b) Revocation of certification \n(1) In general \nThe Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits \nIf certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits \n521. Benefits for participating candidates \n(a) In general \nFor each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; (3) enhanced matching contributions, as provided in section 524; and (4) for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. (b) Restriction on uses of allocations from the fund \nAllocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. (c) Remitting allocations from the fund \n(1) In general \nNot later than the date that is 180 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate’s campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. (2) Exceptions \n(A) Subsequent election \nIn the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. (B) Candidate seeking certification for next election cycle \nNotwithstanding paragraph (1), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination that the candidate does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. 522. Allocations from the fund \n(a) In general \nThe Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (d)(1), after the date on which such candidate is certified as a participating candidate under section 514; (2) in the case of a general election after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment \nThe Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Timing of payment \nThe Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after date of the applicable certification as described in subsection (a). (d) Amounts \n(1) Primary election allocation; initial allocation \nExcept as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation \nThe Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation \nExcept as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation \nThe Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections \n(A) In general \nIn the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined \nFor purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (e) Base amount \n(1) In general \nExcept as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the sum of— (A) $750,000; plus (B) $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (2) Indexing \nIn each even-numbered year after 2027— (A) each dollar amount under paragraph (1) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions \n(a) In general \nThe Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals after the date on which such candidate is certified under section 514. (b) Limitation \nThe aggregate payments under subsection (a) with respect to any candidate shall not exceed 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (d)(5) thereof). (c) Time of payment \nThe Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports \n(1) In general \nEach participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports \nEach report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; and (B) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports \nReports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; and (B) once every week after the period described in subparagraph (A) and until the date of the election. (4) Limitation on regulations \nThe Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals \nThe Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Enhanced matching support \n(a) In general \nIn addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. (b) Eligibility \nA candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. (c) Amount \n(1) In general \nSubject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or (B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. (2) Limit \nThe amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (3) No effect on aggregate limit \nThe amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. 525. Political advertising vouchers \n(a) In general \nThe Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates \nThe Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts \nThe Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office. (d) Use \n(1) Exclusive use \nVouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee \n(A) In general \nA participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations \nThe transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations \nAny political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under FECA \nIf a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange , shall not be considered a contribution for the purposes of sections 315 and 513. (e) Value; acceptance; redemption \n(1) Voucher \nEach voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance \nA broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption \nThe Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration \n(A) Candidates \nA voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees \nA voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca \nThe use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions \nIn this section: (1) Broadcasting station \nThe term broadcasting station has the meaning given that term by section 315(f)(1) of the Communications Act of 1934. (2) Political party \nThe term political party means a major party or a minor party as defined in section 9002 (3) or (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or (4)). D Administrative provisions \n531. Duties of the Federal Election Commission \n(a) Duties and powers \n(1) Administration \nThe Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— (A) to establish procedures for— (i) verifying the amount of valid qualifying contributions with respect to a candidate; (ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; (iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (vi) the administration of the voucher program under section 525; and (B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. (2) Review of Fair Elections financing \n(A) In general \nAfter each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(13); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; (vii) the amount and usage of vouchers under section 525; (viii) the overall satisfaction of participating candidates and the American public with the program; and (ix) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. (B) Criteria for review \nIn conducting the review under subparagraph (A), the Commission shall consider the following: (i) Qualifying contributions and qualified small dollar contributions \nThe Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. (ii) Review of program benefits \nThe Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. (C) Recommendations for adjustment of amounts \nBased on the review conducted under subparagraph (A), the Commission shall make recommendations to Congress for any adjustment of the following amounts: (i) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). (ii) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). (iii) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). (iv) The base amount for candidates under section 522(d). (v) The maximum amount of matching contributions a candidate may receive under section 523(b). (vi) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). (vii) The dollar amount for vouchers under section 525(c). (D) Report \nNot later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A) and any recommendations developed under subparagraph (C). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. (b) Reports \nNot later than March 30, 2026, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Violations and penalties \n(a) Civil penalty for violation of contribution and expenditure requirements \nIf a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of freedom from influence fund \n(1) In general \nIf the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded \nAny action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title..", "id": "idfe149aaed3124ac6a51a2d951374d1ad", "header": "Eligibility requirements and benefits of fair elections financing of Senate election campaigns" }, { "text": "501. Definitions \nIn this title: (1) Allocation from the fund \nThe term allocation from the Fund means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. (2) Commission \nThe term Commission means the Federal Election Commission. (3) Enhanced matching contribution \nThe term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524. (4) Enhanced support qualifying period \nThe term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. (5) Fair elections qualifying period \nThe term Fair Elections qualifying period means, with respect to any candidate for Senator, the period— (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (6) Fair elections start date \nThe term Fair Elections start date means, with respect to any candidate, the date that is 180 days before— (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (7) Fund \nThe term Fund means the Freedom From Influence Fund established by section 502. (8) Immediate family \nThe term immediate family means, with respect to any candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (9) Matching contribution \nThe term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. (10) Nonparticipating candidate \nThe term nonparticipating candidate means a candidate for Senator who is not a participating candidate. (11) Participating candidate \nThe term participating candidate means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. (12) Qualifying contribution \nThe term qualifying contribution means, with respect to a candidate, a contribution that— (A) is in an amount that is— (i) not less than $5; and (ii) not more than $200; (B) is made by an individual who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (13) Qualified small dollar contribution \nThe term qualified small dollar contribution means, with respect to a candidate, any contribution (or series of contributions)— (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed $200 per election. (14) Qualifying multicandidate political committee contribution \n(A) In general \nThe term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)). (B) Qualified account \nFor purposes of subparagraph (A), the term qualified account means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: (i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. (ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C).", "id": "id874ccc08c09f4ef4ab513e5db05962f2", "header": "Definitions" }, { "text": "502. Freedom from Influence Fund \n(a) Establishment \nThere is established in the Treasury a fund to be known as the Freedom from Influence Fund. (b) Amounts held by Fund \nThe Fund shall consist of the following amounts: (1) Appropriated amounts \n(A) In general \nAmounts appropriated to the Fund. (B) Sense of the Senate regarding appropriations \nIt is the sense of the Senate that— (i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has a contract with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to each contract, except that the aggregate tax on each contract for any taxable year shall not exceed $500,000; and (ii) the revenue from such tax should be appropriated to the Fund. (2) Voluntary contributions \nVoluntary contributions to the Fund. (3) Other deposits \nAmounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of allocations from the Fund); (C) section 532 (relating to violations); and (D) any other section of this Act. (4) Investment returns \nInterest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment \nThe Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund \n(1) In general \nThe sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. (2) Insufficient amounts \nUnder regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply.", "id": "idEF43F65FD1074F1686380CDF3BBECC94", "header": "Freedom from Influence Fund" }, { "text": "511. Eligibility \n(a) In general \nA candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 513(d)(2). (4) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election \nNotwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law.", "id": "iddf945f74f3e24a9186aee2e930431dce", "header": "Eligibility" }, { "text": "512. Qualifying contribution requirement \n(a) In general \nA candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the sum of— (A) 2,000; plus (B) 500 for each congressional district in the State with respect to which the candidate is seeking election; and (2) a total dollar amount of qualifying contributions equal to 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate. (b) Requirements relating to receipt of qualifying contribution \nEach qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions \nThe Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section.", "id": "id45a2bb595b2b466dabbd549b064dd7e4", "header": "Qualifying contribution requirement" }, { "text": "513. Contribution and expenditure requirements \n(a) General rule \nA candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000; and (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; (G) vouchers provided to the candidate under section 525; (H) subject to subsection (c), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions); and (I) subject to subsection (d), contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc \nA political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $200; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Special rules for personal funds \nA candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (1) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (2) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (d) Requirements relating to subsequent contributions and notification requirements \n(1) Restriction on subsequent contributions \n(A) Prohibiting donor from making subsequent nonqualified contributions during election cycle \nAn individual who makes a qualified small dollar contribution to a candidate with respect to an election may not make any subsequent contribution to such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Treatment of subsequent nonqualified contributions \nIf, notwithstanding the prohibition described in subparagraph (A), an individual who makes a qualified small dollar contribution to a candidate with respect to an election makes a subsequent contribution to such candidate with respect to the election which is prohibited under subparagraph (A) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (i) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (13)(C) of section 501 (relating to the aggregate amount of qualified small dollar contributions that may be made by an individual to a candidate), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in such paragraph. (ii) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom from Influence Fund established by section 502 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. (C) No effect on ability to make multiple contributions \nNothing in this subsection may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets the definition of a qualified small dollar contribution under section 501(13). (2) Notification requirements for candidates \n(A) Notification \nEach authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (i) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (ii) A statement that a contribution which meets the definition of a qualified small dollar contribution under section 501(13) shall be treated as a qualified small dollar contribution under this title. (iii) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (B) Alternative methods of meeting requirements \nAn authorized committee may meet the requirements of subparagraph (A)— (i) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (ii) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). (e) Exception \nNotwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund.", "id": "idfbd61675f00a4c08a975e816549544a1", "header": "Contribution and expenditure requirements" }, { "text": "514. Certification \n(a) In general \nNot later than 5 days after a candidate for Senator files an affidavit under section 511(a)(4), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission’s determination. (b) Revocation of certification \n(1) In general \nThe Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits \nIf certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received.", "id": "id08963e4b1058426eb9a0d41cd4dcab1a", "header": "Certification" }, { "text": "521. Benefits for participating candidates \n(a) In general \nFor each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; (3) enhanced matching contributions, as provided in section 524; and (4) for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. (b) Restriction on uses of allocations from the fund \nAllocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. (c) Remitting allocations from the fund \n(1) In general \nNot later than the date that is 180 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate’s campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. (2) Exceptions \n(A) Subsequent election \nIn the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. (B) Candidate seeking certification for next election cycle \nNotwithstanding paragraph (1), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination that the candidate does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld.", "id": "id51be476f6c0b429d9f52512ed6084c1a", "header": "Benefits for participating candidates" }, { "text": "522. Allocations from the fund \n(a) In general \nThe Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (d)(1), after the date on which such candidate is certified as a participating candidate under section 514; (2) in the case of a general election after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment \nThe Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Timing of payment \nThe Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after date of the applicable certification as described in subsection (a). (d) Amounts \n(1) Primary election allocation; initial allocation \nExcept as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation \nThe Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation \nExcept as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation \nThe Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections \n(A) In general \nIn the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined \nFor purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (e) Base amount \n(1) In general \nExcept as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the sum of— (A) $750,000; plus (B) $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (2) Indexing \nIn each even-numbered year after 2027— (A) each dollar amount under paragraph (1) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.", "id": "idadfb4ef35a534b33b45a1b6da745267d", "header": "Allocations from the fund" }, { "text": "523. Matching payments for qualified small dollar contributions \n(a) In general \nThe Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals after the date on which such candidate is certified under section 514. (b) Limitation \nThe aggregate payments under subsection (a) with respect to any candidate shall not exceed 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (d)(5) thereof). (c) Time of payment \nThe Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports \n(1) In general \nEach participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports \nEach report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; and (B) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports \nReports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; and (B) once every week after the period described in subparagraph (A) and until the date of the election. (4) Limitation on regulations \nThe Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals \nThe Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial.", "id": "id9cc6e7c6f9b64a258f6ab5cc9bef01ae", "header": "Matching payments for qualified small dollar contributions" }, { "text": "524. Enhanced matching support \n(a) In general \nIn addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. (b) Eligibility \nA candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. (c) Amount \n(1) In general \nSubject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or (B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. (2) Limit \nThe amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (3) No effect on aggregate limit \nThe amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523.", "id": "idfa4761f2f46c4cdc92182f5079e4df34", "header": "Enhanced matching support" }, { "text": "525. Political advertising vouchers \n(a) In general \nThe Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates \nThe Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts \nThe Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office. (d) Use \n(1) Exclusive use \nVouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee \n(A) In general \nA participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations \nThe transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations \nAny political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under FECA \nIf a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange , shall not be considered a contribution for the purposes of sections 315 and 513. (e) Value; acceptance; redemption \n(1) Voucher \nEach voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance \nA broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption \nThe Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration \n(A) Candidates \nA voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees \nA voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca \nThe use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions \nIn this section: (1) Broadcasting station \nThe term broadcasting station has the meaning given that term by section 315(f)(1) of the Communications Act of 1934. (2) Political party \nThe term political party means a major party or a minor party as defined in section 9002 (3) or (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or (4)).", "id": "id14b56c6519db4956b5aec96e511168e1", "header": "Political advertising vouchers" }, { "text": "531. Duties of the Federal Election Commission \n(a) Duties and powers \n(1) Administration \nThe Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— (A) to establish procedures for— (i) verifying the amount of valid qualifying contributions with respect to a candidate; (ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; (iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (vi) the administration of the voucher program under section 525; and (B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. (2) Review of Fair Elections financing \n(A) In general \nAfter each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(13); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; (vii) the amount and usage of vouchers under section 525; (viii) the overall satisfaction of participating candidates and the American public with the program; and (ix) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. (B) Criteria for review \nIn conducting the review under subparagraph (A), the Commission shall consider the following: (i) Qualifying contributions and qualified small dollar contributions \nThe Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. (ii) Review of program benefits \nThe Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. (C) Recommendations for adjustment of amounts \nBased on the review conducted under subparagraph (A), the Commission shall make recommendations to Congress for any adjustment of the following amounts: (i) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). (ii) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). (iii) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). (iv) The base amount for candidates under section 522(d). (v) The maximum amount of matching contributions a candidate may receive under section 523(b). (vi) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). (vii) The dollar amount for vouchers under section 525(c). (D) Report \nNot later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A) and any recommendations developed under subparagraph (C). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. (b) Reports \nNot later than March 30, 2026, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle.", "id": "idcb45cc2dfea44ef9978ceef33e13ce25", "header": "Duties of the Federal Election Commission" }, { "text": "532. Violations and penalties \n(a) Civil penalty for violation of contribution and expenditure requirements \nIf a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of freedom from influence fund \n(1) In general \nIf the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded \nAny action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title.", "id": "id984e71e38dbd40399e902c64c4fe01cd", "header": "Violations and penalties" }, { "text": "202. Prohibition on joint fundraising committees \nSection 302(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(e) ) is amended by adding at the end the following new paragraph: (6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate..", "id": "id1f511233a99440c8bcb7118de6fbd09b", "header": "Prohibition on joint fundraising committees" }, { "text": "203. Exception to limitation on coordinated expenditures by political party committees with participating candidates \nSection 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3)(A), by striking in the case of and inserting except as provided in paragraph (6), in the case of ; and (2) by adding at the end the following new paragraph: (6) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund means a fund established by the national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), that only accepts qualified coordinated expenditure contributions. (C) In this paragraph, the term qualified coordinated expenditure contribution means, with respect to the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), any contribution (or series of contributions)— (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election..", "id": "id9a6fcc7656e14f1b8c0fb837376feb3f", "header": "Exception to limitation on coordinated expenditures by political party committees with participating candidates" }, { "text": "301. Petition for certiorari \nSection 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal.", "id": "idf49be5ccb881428cbe9eed5b8ac863ef", "header": "Petition for certiorari" }, { "text": "302. Electronic filing of FEC reports \nSection 304(a)(11) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11) ) is amended— (1) in subparagraph (A), by striking under this Act— and all that follows and inserting under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. ; (2) in subparagraph (B), by striking 48 hours and all that follows through filed electronically) and inserting 24 hours ; and (3) by striking subparagraph (D).", "id": "idb7f62e4db7c548f7aa02f505264965fe", "header": "Electronic filing of FEC reports" }, { "text": "401. Freedom From Influence Fund revenue \n(a) In general \nThe Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Tax on Payments Pursuant to Certain Government Contracts \nSec. 4501. Imposition of tax. 4501. Imposition of tax \n(a) Tax imposed \nThere is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. (b) Limitation \nThe aggregate amount of tax imposed per contract under subsection (a) for any calendar year shall not exceed $500,000. (c) Qualified person \nFor purposes of this section, the term qualified person means any person which— (1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and (2) has a contract with the Government of the United States with a value in excess of $10,000,000. (d) Payment of tax \nThe tax imposed by this section shall be paid by the person receiving such payment. (e) Use of revenue generated by tax \nIt is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Freedom From Influence Fund and used for the public financing of Senate elections.. (b) Conforming amendment \nThe table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following: Chapter 37—Tax on Payments Pursuant to Certain Government Contracts. (c) Effective date \nThe amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act.", "id": "idA4091E32E78642B185DDF50C288B8DE8", "header": "Freedom From Influence Fund revenue" }, { "text": "4501. Imposition of tax \n(a) Tax imposed \nThere is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. (b) Limitation \nThe aggregate amount of tax imposed per contract under subsection (a) for any calendar year shall not exceed $500,000. (c) Qualified person \nFor purposes of this section, the term qualified person means any person which— (1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and (2) has a contract with the Government of the United States with a value in excess of $10,000,000. (d) Payment of tax \nThe tax imposed by this section shall be paid by the person receiving such payment. (e) Use of revenue generated by tax \nIt is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Freedom From Influence Fund and used for the public financing of Senate elections.", "id": "idFC221CC5DD124232B5B89A76E308C207", "header": "Imposition of tax" }, { "text": "501. Severability \nIf any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.", "id": "ida458653ccee041ed8d364796689056ad", "header": "Severability" }, { "text": "502. Effective date \n(a) In general \nExcept as may otherwise be provided in this Act and in the amendments made by this Act, this Act and the amendments made by this Act shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this Act and the amendments made by this Act by the deadline set forth in subsection (b). (b) Deadline for regulations \nNot later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this Act and the amendments made by this Act.", "id": "id9be66302d31e44debec6b8f56fca8d95", "header": "Effective date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Our Well-being by Expanding Russian Sanctions Act or the POWERS Act.", "id": "S1", "header": "Short title" }, { "text": "2. Expansion of Protecting Europe's Energy Security Act of 2019 \nSection 7503(a)(1)(B) of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) is amended— (1) in clause (iv), by striking ; or and inserting a semicolon; (2) in clause (v), by striking ; and and inserting ; or ; and (3) by adding at the end the following: (vi) engaged in any transaction with any foreign person described in any of clauses (i) through (v); and.", "id": "idCA3245BBBF6A4337A75EBB18CE006509", "header": "Expansion of Protecting Europe's Energy Security Act of 2019" }, { "text": "3. Reinstatement of waived sanctions \nAny sanctions under section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92 ; 22 U.S.C. 9526 note) or any other provision of law waived with respect to Nord Stream 2 AG or any corporate officer of Nord Stream 2 AG before the date of the enactment of this Act— (1) shall be reinstated; and (2) notwithstanding subsection (f) of that section, may not be waived except pursuant to an Act of Congress.", "id": "idB9D4D9974EAF4E16B86179738120B9CF", "header": "Reinstatement of waived sanctions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Heritage Area Authority Extension Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Extension of certain National Heritage Area authorities \n(a) Illinois and Michigan Canal National Heritage Corridor \nSection 126 of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 ( 54 U.S.C. 320101 note; Public Law 98–398 ; 98 Stat. 1456; 120 Stat. 1853) is amended by striking the date that is 15 years after the date of enactment of this section and inserting September 30, 2036. (b) John H. Chafee Blackstone River Valley National Heritage Corridor \nSection 10(a) of Public Law 99–647 ( 54 U.S.C. 320101 note; 100 Stat. 3630; 104 Stat. 1018; 128 Stat. 3804) is amended by striking 2021 and inserting 2036. (c) Delaware and Lehigh National Heritage Corridor \nSection 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 ( 54 U.S.C. 320101 note; Public Law 100–692 ; 102 Stat. 4558; 112 Stat. 3260; 123 Stat. 1293; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended— (1) in subsection (c)(1), by striking 2021 and inserting 2036 ; and (2) in subsection (d), by striking 2021 and inserting 2036. (d) The Last Green Valley National Heritage Corridor \nSection 106(b) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 note; Public Law 103–449 ; 108 Stat. 4755; 113 Stat. 1728; 123 Stat. 1291; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (e) National Coal Heritage Area \nSection 107 of the National Coal Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4244; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036. (f) Tennessee Civil War Heritage Area \nSection 208 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4248; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036. (g) Augusta Canal National Heritage Corridor \nSection 310 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4252; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036. (h) Rivers of Steel National Heritage Area \nSection 408 of the Steel Industry American Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4256; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036. (i) Essex National Heritage Area \nSection 507 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4260; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036. (j) South Carolina National Heritage Corridor \nSection 607 of the South Carolina National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4264; 127 Stat. 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661; 133 Stat. 778) is amended by striking 2021 and inserting 2036. (k) America's Agricultural Heritage Partnership \nSection 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036. (l) Ohio & Erie National Heritage Canalway \nSection 809 of the Ohio & Erie Canal National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4275; 122 Stat. 826; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036. (m) Maurice D. Hinchey Hudson River Valley National Heritage Area \nSection 910 of the Hudson River Valley National Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4281; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036. (n) MotorCities National Heritage Area \nSection 109 of the Automobile National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 105–355 ; 112 Stat. 3252; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (o) Lackawanna Valley National Heritage Area \nSection 108 of the Lackawanna Valley National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 818; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (p) Schuylkill River Valley National Heritage Area \nSection 209 of the Schuylkill River Valley Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 824; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (q) Wheeling National Heritage Area \nSubsection (i) of the Wheeling National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–291 ; 114 Stat. 967; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (r) Yuma Crossing National Heritage Area \nSection 7 of the Yuma Crossing National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–319 ; 114 Stat. 1284; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (s) Erie Canalway National Heritage Corridor \nSection 811 of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–295; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (t) Blue Ridge National Heritage Area \nSubsection (j) of the Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1280; 133 Stat. 778) is amended by striking 2021 and inserting 2036. (u) National Aviation Heritage Area \nSection 512 of the National Aviation Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3367; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036. (v) Oil Region National Heritage Area \nSection 608 of the Oil Region National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3372; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036. (w) Northern Rio Grande National Heritage Area \nSection 208 of the Northern Rio Grande National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1790) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (x) Atchafalaya National Heritage Area \nSection 221 of the Atchafalaya National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1795) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (y) Arabia Mountain National Heritage Area \nSection 240 of the Arabia Mountain National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1799) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (z) Mormon Pioneer National Heritage Area \nSection 260 of the Mormon Pioneer National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1807) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (aa) Freedom's Frontier National Heritage Area \nSection 269 of the Freedom's Frontier National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1813) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (bb) Upper Housatonic Valley National Heritage Area \nSection 280B of the Upper Housatonic Valley National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1819) is amended by striking the day occurring 15 years after the date of the enactment of this subtitle and inserting September 30, 2036. (cc) Champlain Valley National Heritage Partnership \nSection 289 of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (dd) Great Basin National Heritage Route \nSection 291J of the Great Basin National Heritage Route Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1831) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (ee) Gullah/Geechee Cultural Heritage Corridor \nSection 295L of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1837) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (ff) Crossroads of the American Revolution National Heritage Area \nSection 297H of the Crossroads of the American Revolution National Heritage Area Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1844) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (gg) Abraham Lincoln National Heritage Area \nSection 451 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 824) is amended by striking the date that is 15 years after the date of the enactment of this subtitle and inserting September 30, 2036. (hh) Journey Through Hallowed Ground National Heritage Area \nSection 411 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 809) is amended by striking the date that is 15 years after the date of enactment of this subtitle and inserting September 30, 2036. (ii) Niagara Falls National Heritage Area \nSection 432 of the Consolidated Natural Resources Act of 2008 ( 54 U.S.C. 320101 note; Public Law 110–229 ; 122 Stat. 818) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036. (jj) Kenai Mountains-Turnagain Arm National Heritage Area \nSection 8010(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1288) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036.", "id": "id6dd4cff980ac45779bee48941ce84c99", "header": "Extension of certain National Heritage Area authorities" }, { "text": "3. Authorizations of appropriations for certain National Heritage Areas \n(a) Rivers of Steel National Heritage Area \nSection 409(a) of the Steel Industry American Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4256; 129 Stat. 2551; 133 Stat. 778) is amended, in the second sentence, by striking $20,000,000 and inserting $22,000,000. (b) Essex National Heritage Area \nSection 508(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4260; 129 Stat. 2551; 133 Stat. 778) is amended, in the second sentence, by striking $20,000,000 and inserting $22,000,000. (c) South Carolina National Heritage Corridor \nSection 608(a) of the South Carolina National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4264; 122 Stat. 824; 133 Stat. 2714) is amended, in the second sentence, by striking $17,000,000 and inserting $19,000,000. (d) America’s Agricultural Heritage Partnership \nSection 708(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is amended, in the second sentence, by striking $17,000,000 and inserting $19,000,000. (e) Ohio & Erie National Heritage Canalway \nSection 812(a) of the Ohio & Erie Canal National Heritage Corridor Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4275; 133 Stat. 778) is amended by striking $20,000,000 and inserting $22,000,000. (f) Maurice D. Hinchey Hudson River Valley National Heritage Area \nSection 909(c) of the Hudson River Valley National Heritage Area Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4280; 122 Stat. 824) is amended, in the matter preceding paragraph (1), by striking $15,000,000 and inserting $17,000,000. (g) MotorCities National Heritage Area \nSection 110(a) of the Automobile National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 105–355 ; 112 Stat. 3252; 133 Stat. 778) is amended, in the second sentence, by striking $12,000,000 and inserting $14,000,000. (h) Wheeling National Heritage Area \nSubsection (h)(1) of the Wheeling National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–291 ; 114 Stat. 967; 133 Stat. 778) is amended by striking $15,000,000 and inserting $17,000,000. (i) Erie Canalway National Heritage Corridor \nSection 810(a)(1) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–303; 131 Stat. 461; 133 Stat. 2714) is amended by striking $14,000,000 and inserting $16,000,000. (j) Illinois and Michigan Canal National Heritage Corridor \nSection 125(a) of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 ( 54 U.S.C. 320101 note; Public Law 98–398 ; 98 Stat. 1456; 120 Stat. 1853) is amended by striking $10,000,000 and inserting $12,000,000. (k) The Last Green Valley National Heritage Corridor \nSection 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 note; Public Law 103–449 ; 108 Stat. 4756; 113 Stat. 1729; 123 Stat. 1292; 133 Stat. 2714) is amended, in the first sentence, by striking $17,000,000 and inserting $19,000,000. (l) Lackawanna Valley National Heritage Area \nSection 109(a) of the Lackawanna Valley National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 818; 134 Stat. 1505) is amended by striking $12,000,000 and inserting $14,000,000. (m) Schuylkill River Valley National Heritage Area \nSection 210(a) of the Schuylkill River Valley National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 106–278 ; 114 Stat. 824) is amended by striking $10,000,000 and inserting $12,000,000. (n) Blue Ridge National Heritage Area \nSubsection (i)(1) of the Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 note; Public Law 108–108 ; 117 Stat. 1280; 133 Stat. 778) is amended by striking $14,000,000 and inserting $16,000,000.", "id": "id930051e40910440ab836b375ad185384", "header": "Authorizations of appropriations for certain National Heritage Areas" }, { "text": "4. Extension of certain National Heritage and Cultural Heritage Corridor commissions \n(a) Erie Canalway National Heritage Corridor Commission \nSection 804(j) of the Erie Canalway National Heritage Corridor Act ( 54 U.S.C. 320101 note; Public Law 106–554 ; 114 Stat. 2763A–299; 123 Stat. 1294; 128 Stat. 3802) is amended by striking 2021 and inserting 2036. (b) Gullah/Geechee Cultural Heritage Corridor Commission \nSection 295D(d) of the Gullah/Geechee Cultural Heritage Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1833; 130 Stat. 962) is amended by striking 15 years after the date of enactment of this Act and inserting on September 30, 2036.", "id": "id154a67d7490d4334a30cf194a90232a5", "header": "Extension of certain National Heritage and Cultural Heritage Corridor commissions" }, { "text": "5. Extension of deadline to complete certain management plans \nSection 6001(c)(1) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 54 U.S.C. 320101 note; Public Law 116–9 ; 133 Stat. 772) is amended by striking 3 and inserting 5.", "id": "id3b4892c458424e60aa2ab775b24f8326", "header": "Extension of deadline to complete certain management plans" }, { "text": "6. Redesignation of heritage areas \n(a) Silos & Smokestacks National Heritage Area \n(1) Redesignation \nThe America’s Agricultural Heritage Partnership established by section 703(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ; 110 Stat. 4266) shall be known and designated as the Silos & Smokestacks National Heritage Area. (2) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the partnership referred to in subsection (a) shall be deemed to be a reference to the Silos & Smokestacks National Heritage Area. (b) Great Basin National Heritage Area \n(1) Designation of the Great Basin National Heritage Area \nThe Great Basin National Heritage Route Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended— (A) by striking the Heritage Route each place it appears and inserting the Heritage Area ; (B) by striking along each place it appears and inserting in ; (C) in the subtitle heading, by striking Route and inserting Area ; (D) in section 291, by striking Route and inserting Area ; (E) in section 291A(a)— (i) in paragraphs (2) and (3), by striking the Great Basin Heritage Route each place it appears and inserting the Great Basin National Heritage Area ; and (ii) in paragraph (13), by striking a Heritage Route and inserting a Heritage Area ; (F) in section 291B, by striking paragraph (2) and inserting the following: (2) Heritage area \nThe term Heritage Area means the Great Basin National Heritage Area established by section 291C(a). ; (G) in section 291C— (i) in the section heading, by striking Route and inserting Area ; and (ii) in subsection (a), by striking Heritage Route and inserting Heritage Area ; and (H) in section 291L(d), in the subsection heading, by striking in Heritage Route and inserting in Heritage Area. (2) Designation of Great Basin Heritage Area Partnership \nThe Great Basin National Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking Great Basin Heritage Route Partnership each place it appears and inserting Great Basin Heritage Area Partnership.", "id": "id2b610284496b498297608a61645de1f4", "header": "Redesignation of heritage areas" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Promoting Local Arts and Creative Economy Workforce Act of 2022 or the PLACE Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Findings and definitions Sec. 101. Findings. Sec. 102. Definitions. TITLE II—Creative workforce advancement Sec. 201. Department of Labor. Sec. 202. Department of Education. Sec. 203. Economic Development Administration programs. Sec. 204. Creative jobs training through Bureau of Prisons reentry and skills development programs. Sec. 205. Grants relating to the creative economy. Sec. 206. Promotion for veterans with service-connected disabilities of job training and resources in creative industries and occupations. Sec. 207. Disaster assistance for creative industry workers through FEMA. Sec. 208. Department of Health and Human Services. Sec. 209. Disaster unemployment assistance. TITLE III—Tax incentives Sec. 301. Tax incentives. TITLE IV—Cultural trade promotion Sec. 401. Promotion by Export-Import Bank of the United States of exports by creative industries and occupations. Sec. 402. Promotion of exports from creative industries and occupations. Sec. 403. Collaboration to improve access to reliable international shipping services. Sec. 404. Demonstration program to promote use of creative industries and occupations in certain economic planning. Sec. 405. Trade and Development Agency. TITLE V—Federal support for the creative economy Sec. 501. Collaboration. Sec. 502. Creative Economy Advisory Board. Sec. 503. Travel and Tourism Advisory Board. Sec. 504. Federal Council on the Arts and Humanities. Sec. 505. Art in Architecture program funding. Sec. 506. Office of Readiness, Recovery, and Resilience.", "id": "S1", "header": "Short title; table of contents" }, { "text": "101. Findings \nCongress makes the following findings: (1) The United States economy has changed rapidly as automation, artificial intelligence, digital technologies, and modern information and communication systems have transformed the way people in the United States work, live, and interact. (2) The United States must establish policies and create programs capable of responding to changing economic realities. (3) The United States must develop strategies to maximize current assets and help grow a United States economy and workforce that can thrive in a challenging environment of constant change and reinvention. (4) The Nation needs to strengthen and improve Federal support for a Next Generation economy and workforce. (5) The United States must explore sustainable strategies to create jobs that will endure, will remain reliant on a local workforce, and are unlikely to move overseas. (6) There is great value and untapped potential in the Nation's rich history, the creative freedoms enjoyed by its people, and the many cultures and traditions that make the United States so unique. (7) Promoting local arts and enhancing the creative economy of the United States would support the Nation's diverse citizenry, rich traditions, and vast creative talents, including the unique history and continuing vitality of Native American communities. (8) The United States must embrace the opportunities and challenges the country faces and reimagine the role of the Federal Government in providing support for local arts activity and expanding the creative economy. (9) The United States needs to engage workers from around the Nation to develop, hone, and share expressions of their cultural heritage, including languages, creative collaborations, and artistic skills. (10) The Nation needs to recognize that there is a broad range of undervalued and underutilized human potential in the United States, and the existence of that human potential has profound social, economic, and workforce ramifications. (11) Securing the future well-being of individuals, families, communities, and the Nation will depend in part on adopting Federal policies that will increase support for the creative economy. (12) The Nation needs to improve creative workforce readiness and develop an education and job training plan, including a plan for education and training through specialized vocational schools and apprenticeship programs, to ensure that individuals of all ages in the United States can realize their full creative potential now and in the future. (13) Investing in a creative economy workforce would help showcase the Nation’s creative arts, strengthen its capacity for job growth, promote economic inclusion, boost entrepreneurship, improve and revitalize rural, remote, and underserved areas, and empower communities to share their stories.", "id": "id2b409985e87f4980910be835498ea824", "header": "Findings" }, { "text": "102. Definitions \nIn this Act: (1) Creative industry or occupation \nThe term creative industry or occupation means— (A) an industry that— (i) has a substantial current or potential impact (including through positions that lead to economic self-sufficiency and opportunities for advancement) on a State, regional, or local economy or a Native American community's economy, as appropriate; and (ii) contributes to the growth of businesses or nonprofit organizations that have their origin in individual creativity, skill, and talent, including businesses or nonprofit organizations focused on design, crafts, music, visual and media arts, performing arts, language, literature, or expressions of Native cultures or regional or local heritage culture; and (B) an occupation that— (i) currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a substantial potential impact on a State, regional, or local economy or a Native American community's economy, as appropriate; and (ii) is comprised of— (I) businesses or nonprofit organizations described in subparagraph (A)(ii); or (II) individuals who are self-employed or sole proprietors and whose work has an origin in individual creativity, skill, and talent, including a focus on design, crafts, music, visual arts, media arts, performing arts, language, literature, or expressions of Native cultures or regional or local heritage culture. (2) Native American \nThe term Native American , used with respect to culture, means the culture of a Native American, as defined in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ).", "id": "id1f0ca39b65264f79b9522313018bf6fc", "header": "Definitions" }, { "text": "201. Department of Labor \n(a) Workforce Innovation and Opportunity Act \n(1) Definition \nSection 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended by adding at the end the following: (72) Creative industry or occupation \nThe term creative industry or occupation has the meaning given the term in section 102 of the PLACE Act.. (2) Unified State plans \nSection 102(b)(1)(A) of such Act ( 29 U.S.C. 3112(b)(1)(A) ) is amended— (A) in clause (i), by striking occupations; and inserting occupations, and creative industries and occupations; ; and (B) in clause (ii), by striking those industries and occupations and the sectors, industries, and occupations described in clause (i). (3) Regional coordination \nSection 106(c)(1)(C) of such Act ( 29 U.S.C. 3121(c)(1)(C) ) is amended by striking occupations and inserting occupations, and regional creative industries and occupations,. (4) Local plans \nSection 108(b)(1)(B) of such Act ( 29 U.S.C. 3123(b)(1)(B) ) is amended by striking occupations; and inserting occupations, and creative industries and occupations;. (5) Native american programs \nSection 166(d)(2)(A)(i) of such Act ( 29 U.S.C. 3221(d)(2)(A)(i) ) is amended by inserting development of skills relating to creative industries or occupations and before training on. (6) National dislocated worker grants \nSection 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (A) in subsection (a)— (i) in paragraph (1)— (I) in subparagraph (A), by striking or at the end; (II) in subparagraph (B), by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (C) for purposes of assistance provided under subsection (b)(1)(E), an opioid crisis, as declared by the Secretary after consultation with the Secretary of Health and Human Services. ; and (ii) by adding at the end the following: (3) Dislocated worker \n(A) In general \nThe term dislocated worker means— (i) a dislocated worker, as defined in section 3; and (ii) for purposes of assistance provided under subsection (b)(1)(E), a recovering individual. (B) Recovering individual \nThe term recovering individual means an individual who— (i) left employment, or has never been employed, due mainly to opioid use; and (ii) (I) has successfully completed a supervised drug rehabilitation program for opioid use and is no longer engaging in the illegal use of opioids, or has otherwise been rehabilitated successfully and is no longer engaging in such illegal use; (II) is participating in a supervised rehabilitation program and is no longer engaging in such illegal use; or (III) is erroneously regarded as engaging in such illegal use, but is not engaging in such illegal use. ; and (B) in subsection (b)(1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) to provide employment and training assistance in a creative industry or occupation, in an area where an opioid crisis has been declared, as described in subsection (a)(1)(C).. (b) Creative economy grant program \n(1) In general \nThe Secretary of Labor, acting through the Assistant Secretary for Employment and Training, shall make grants to eligible entities to enable those eligible entities to provide wage subsidies for individuals in a creative industry or occupation. (2) Eligible entity \n(A) In General \nTo be eligible to receive such a grant, an entity shall be a business (including a nonprofit organization) that— (i) is engaged in a creative industry or occupation and has its origin in individual creativity, skill, and talent, including focusing on design, crafts, music, visual arts, media arts, performing arts, language, literature, or expressions of Native cultures or regional or local heritage culture; and (ii) has fewer than 500 full-time equivalent employees, as determined in accordance with subparagraph (B). (B) Full-time equivalent basis \nFor purposes of determining the number of full-time equivalent employees under subparagraph (A)(ii)— (i) any employee working not fewer than 30 hours per week shall be considered a full-time employee; and (ii) any employee working not fewer than 10 hours and fewer than 30 hours per week shall be counted as one-half of a full-time employee. (3) Application \nTo be eligible to receive such a grant, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. (4) Use of funds \nAn entity that receives a grant under this section shall use the grant funds to provide wage subsidies for any individual who earns income through creative, cultural, or artistic-based pursuits to produce ideas, content, goods, or services, without regard for the employment status of the individual.", "id": "ide7aafd0130fc49b09fed3eabcaaa8d2d", "header": "Department of Labor" }, { "text": "202. Department of Education \n(a) Corrections education \nSection 225(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3305(b) ) is amended— (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: (7) education that relates to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 );. (b) Adult education \nSection 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) gain education or skills relating to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) ; and (2) in paragraph (2), by inserting skills relating to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) before or integrated education and training. (c) Career and technical education \nSection 3(5) of the Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(5) ) is amended— (1) in subparagraph (C), by striking and after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) may be related to a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ).. (d) Work study \nSection 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 ) is amended by adding at the end the following: (f) Creative industry or occupation \n(1) In General \nFunds granted to an institution under this section may be used to compensate (including compensation for time spent in training and travel directly related to relevant activities) students employed in projects that support a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). (2) Federal share \nThe Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent.. (e) Elementary and Secondary Education \nSection 4642(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7292(a)(1) ) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) workforce training for a creative industry or occupation (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 );.", "id": "idA33BF97E0FAD42D3922DA69C63748B4F", "header": "Department of Education" }, { "text": "203. Economic Development Administration programs \n(a) Creative economy apprenticeship and internship grants \nTitle II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 ( 42 U.S.C. 3147 ) the following: 208. Creative economy apprenticeship and internship grants \n(a) Definitions \nIn this section: (1) Apprenticeship program \nThe term apprenticeship program means a program under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), to provide workforce training relating to a creative industry or occupation. (2) Creative industry or occupation \nThe term creative industry or occupation has the meaning given the term in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022. (3) Eligible entity \nThe term eligible entity means an eligible entity as determined by the Secretary. (4) Internship program \nThe term internship program means a paid internship program to provide workforce training relating to a creative industry or occupation that is conducted in accordance with such regulations and policies relating to paid internships as the Secretary of Labor may promulgate. (b) Apprenticeship programs \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Creative Economy Apprenticeship Grant Program , under which the Secretary shall provide to eligible entities grants, on a competitive basis, for use in accordance with paragraph (3). (2) Applications \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination by Secretary \n(i) In general \nThe Secretary shall determine whether to approve or disapprove an application submitted under subparagraph (A) by not later than 90 days after the date of receipt of the application. (ii) Action on approval \nOn approval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity a grant in accordance with paragraph (4). (iii) Action on disapproval \nOn disapproval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity— (I) a notice of the disapproval, including a description of the reasons for the disapproval; and (II) an opportunity to remedy any deficiency identified by the Secretary under subclause (I) by submitting to the Secretary a revised application by not later than 30 days after the date of the disapproval. (3) Use of funds \nAn eligible entity shall use a grant provided under this subsection to carry out an apprenticeship program. (4) Allocation \nOf the amounts made available to carry out this subsection for each fiscal year, the Secretary shall allocate to each eligible entity the application of which is approved under paragraph (2) during that fiscal year an amount based on the proportion that— (A) the number of individuals served by the apprenticeship program of the eligible entity; bears to (B) the total number of individuals served by the apprenticeship programs of all eligible entities that receive assistance under this subsection for the fiscal year. (c) Internship programs \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Creative Economy Internship Grant Program , under which the Secretary shall provide to eligible entities grants, on a competitive basis, for use in accordance with paragraph (3). (2) Applications \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination by Secretary \n(i) In general \nThe Secretary shall determine whether to approve or disapprove an application submitted under subparagraph (A) by not later than 90 days after the date of receipt of the application. (ii) Action on approval \nOn approval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity a grant in accordance with paragraph (4). (iii) Action on disapproval \nOn disapproval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity— (I) a notice of the disapproval, including a description of the reasons for the disapproval; and (II) an opportunity to remedy any deficiency identified by the Secretary under subclause (I) by submitting to the Secretary a revised application by not later than 30 days after the date of the disapproval. (3) Use of funds \nAn eligible entity shall use a grant provided under this subsection to carry out an internship program. (4) Allocation \nOf the amounts made available to carry out this subsection for each fiscal year, the Secretary shall allocate to each eligible entity the application of which is approved under paragraph (2) during that fiscal year an amount based on the proportion that— (A) the number of individuals served by the internship program of the eligible entity; bears to (B) the total number of individuals served by the internship programs of all eligible entities that receive assistance under this subsection for the fiscal year. (d) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.. (b) Grants for economic adjustment \nSection 209(c)(5) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149(c)(5) ) is amended by inserting , including through the promotion of creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ) before the period at the end.", "id": "id4C80B3D3B4744CCFB052750105AD6888", "header": "Economic Development Administration programs" }, { "text": "208. Creative economy apprenticeship and internship grants \n(a) Definitions \nIn this section: (1) Apprenticeship program \nThe term apprenticeship program means a program under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), to provide workforce training relating to a creative industry or occupation. (2) Creative industry or occupation \nThe term creative industry or occupation has the meaning given the term in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022. (3) Eligible entity \nThe term eligible entity means an eligible entity as determined by the Secretary. (4) Internship program \nThe term internship program means a paid internship program to provide workforce training relating to a creative industry or occupation that is conducted in accordance with such regulations and policies relating to paid internships as the Secretary of Labor may promulgate. (b) Apprenticeship programs \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Creative Economy Apprenticeship Grant Program , under which the Secretary shall provide to eligible entities grants, on a competitive basis, for use in accordance with paragraph (3). (2) Applications \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination by Secretary \n(i) In general \nThe Secretary shall determine whether to approve or disapprove an application submitted under subparagraph (A) by not later than 90 days after the date of receipt of the application. (ii) Action on approval \nOn approval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity a grant in accordance with paragraph (4). (iii) Action on disapproval \nOn disapproval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity— (I) a notice of the disapproval, including a description of the reasons for the disapproval; and (II) an opportunity to remedy any deficiency identified by the Secretary under subclause (I) by submitting to the Secretary a revised application by not later than 30 days after the date of the disapproval. (3) Use of funds \nAn eligible entity shall use a grant provided under this subsection to carry out an apprenticeship program. (4) Allocation \nOf the amounts made available to carry out this subsection for each fiscal year, the Secretary shall allocate to each eligible entity the application of which is approved under paragraph (2) during that fiscal year an amount based on the proportion that— (A) the number of individuals served by the apprenticeship program of the eligible entity; bears to (B) the total number of individuals served by the apprenticeship programs of all eligible entities that receive assistance under this subsection for the fiscal year. (c) Internship programs \n(1) Establishment \nThe Secretary shall establish a program, to be known as the Creative Economy Internship Grant Program , under which the Secretary shall provide to eligible entities grants, on a competitive basis, for use in accordance with paragraph (3). (2) Applications \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination by Secretary \n(i) In general \nThe Secretary shall determine whether to approve or disapprove an application submitted under subparagraph (A) by not later than 90 days after the date of receipt of the application. (ii) Action on approval \nOn approval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity a grant in accordance with paragraph (4). (iii) Action on disapproval \nOn disapproval by the Secretary of an application under clause (i), the Secretary shall provide to the applicable eligible entity— (I) a notice of the disapproval, including a description of the reasons for the disapproval; and (II) an opportunity to remedy any deficiency identified by the Secretary under subclause (I) by submitting to the Secretary a revised application by not later than 30 days after the date of the disapproval. (3) Use of funds \nAn eligible entity shall use a grant provided under this subsection to carry out an internship program. (4) Allocation \nOf the amounts made available to carry out this subsection for each fiscal year, the Secretary shall allocate to each eligible entity the application of which is approved under paragraph (2) during that fiscal year an amount based on the proportion that— (A) the number of individuals served by the internship program of the eligible entity; bears to (B) the total number of individuals served by the internship programs of all eligible entities that receive assistance under this subsection for the fiscal year. (d) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.", "id": "idD33DEF23E4D6445D9D77ACCC1A8DC2AC", "header": "Creative economy apprenticeship and internship grants" }, { "text": "204. Creative jobs training through Bureau of Prisons reentry and skills development programs \nSection 231(a) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(a) ) is amended by adding at the end the following: (3) Ensuring that reentry and skills development programs for prisoners include skills training for jobs in creative industries and occupations, as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2021..", "id": "id0DF21CE30B2C4024AA805819CCE81111", "header": "Creative jobs training through Bureau of Prisons reentry and skills development programs" }, { "text": "205. Grants relating to the creative economy \nTo the extent practicable, grant programs relating to economic development administered by the Department of Health and Human Services, Commissioner of the Administration for Native Americans, or the head of an agency with assets or resources relating to workforce development, may be used to support efforts to provide workforce training related to the creative economy (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ).", "id": "id9BB1E722CF144BAAA68D6CFB83B9FECD", "header": "Grants relating to the creative economy" }, { "text": "206. Promotion for veterans with service-connected disabilities of job training and resources in creative industries and occupations \nSection 3116 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) In carrying out this section, the Secretary shall assist in making available and promote job training and resources that— (1) are provided by nonprofit organizations, educational institutions, Native American (as defined in section 3765 of this title) governments and organizations, and Federal, State, and local governments; and (2) relate to creative industries and occupations, as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2021..", "id": "id3BDC00DDD53445C2AB1E1BC4181944E3", "header": "Promotion for veterans with service-connected disabilities of job training and resources in creative industries and occupations" }, { "text": "207. Disaster assistance for creative industry workers through FEMA \n(a) In general \nThe President, acting through the Administrator of the Federal Emergency Management Agency, shall promulgate rules to ensure that expenses incurred, as a result of a major disaster or emergency, by a self-employed or freelance worker or worker in a creative microenterprise, including those workers whose work focuses on design, crafts, music, visual arts, media arts, performing arts, language, literature, and expressions of Native American culture and local or regional heritage culture, to repair or replace tools needed by the self-employed or freelance worker or worker in a creative microenterprise are considered eligible expenses for assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ). (b) Requirement \nThe rules promulgated under subsection (a) may not require, as a condition of receiving such assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ), an applicant— (1) to apply or be declined for assistance from the Small Business Administration; or (2) to demonstrate that assistance received from the Small Business Administration does not satisfy the total necessary expenses or serious needs arising out of a major disaster or emergency.", "id": "idBBA495F3DBE44C88AA30B159BB447342", "header": "Disaster assistance for creative industry workers through FEMA" }, { "text": "208. Department of Health and Human Services \nThe Administration for Native Americans of the Department of Health and Human Services shall, in carrying out job training programs, including under the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq. ), include training for creative industries and occupations.", "id": "idC4817A98C89C4A33B68A17E081510D30", "header": "Department of Health and Human Services" }, { "text": "209. Disaster unemployment assistance \nThe Administrator of the Federal Emergency Management Agency shall amend the regulations implementing the disaster unemployment assistance program authorized under section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5177 ) to ensure that— (1) the assistance amount for a self-employed worker is calculated based on the business receipts of the self-employed worker rather than net profit; and (2) the assistance amount is not calculated by counting gross receipts of a self-employed worker against the net profit of the self-employed worker.", "id": "id9CE6C2669E084FCCA86EEBFA046E0531", "header": "Disaster unemployment assistance" }, { "text": "301. Tax incentives \n(a) New markets tax credit and guidelines for qualified community development entities \nNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall issue guidelines for the creation and operation of community development entities focused on the creative industries or occupations, which would allow such entities to be treated as qualified community development entities for purposes of section 45D(c) of the Internal Revenue Code of 1986. (b) Work opportunity credit for hiring certain displaced workers \n(1) In general \nParagraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting , or , and by adding at the end the following new subparagraph: (K) a qualified displaced worker.. (2) Qualified displaced worker \nSubsection (d) of section 51 of such Code is amended by adding at the end the following new paragraph: (16) Qualified displaced worker \nThe term qualified displaced worker means an individual who, immediately before beginning work for the employer— (A) is an eligible TAA recipient (as defined in section 35(c)(2)), (B) is an eligible alternative TAA recipient (as defined in section 35(c)(3)), or (C) is eligible for employment and training activities for dislocated workers under chapter 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3171 et seq. ) or assistance under section 170 of such Act ( 29 U.S.C. 3225 ).. (3) Effective date \nThe amendments made by this subsection shall apply to individuals beginning work for the employer after the date of the enactment of this Act. (c) Above-the-Line deduction of expenses of performing artists \n(1) In general \nSection 62(a)(2)(B) of the Internal Revenue Code of 1986 is amended— (A) by striking performing artists.— The deductions and inserting performing artists.— (i) In general \nThe deductions , and (B) by adding at the end the following new clauses: (ii) Phaseout \nThe amount of expenses taken into account under clause (i) shall be reduced (but not below zero) by 10 percentage points for each $2,000 ($4,000 in the case of a joint return), or fraction thereof, by which the taxpayer’s adjusted gross income (determined without regard to this subparagraph) for the taxable year exceeds $100,000 (200 percent of such amount in the case of a joint return). (iii) Cost-of-living adjustment \nIn the case of any taxable year beginning in a calendar year after 2021, the $100,000 amount under clause (ii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.. (2) Clarification regarding commission paid to performing artist’s manager or agent \nSection 62(a)(2)(B)(i) of such Code, as amended by subsection (a), is amended by inserting before the period at the end the following: , including any commission paid to the performing artist’s manager or agent. (3) Conforming amendments \n(A) Section 62(a)(2)(B)(i) of such Code, as amended by this subsection, is further amended by striking by him and inserting by the performing artist. (B) Section 62(b)(1) of such Code is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (4) Effective date \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (d) Charitable contributions of certain items created by the taxpayer \n(1) In general \nSubsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Special rule for certain contributions of literary, musical, or artistic compositions \n(A) In general \nIn the case of a qualified artistic charitable contribution— (i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and (ii) no reduction in the amount of such contribution shall be made under paragraph (1). (B) Qualified artistic charitable contribution \nFor purposes of this paragraph, the term qualified artistic charitable contribution means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if— (i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, (ii) the taxpayer— (I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and (II) attaches to the taxpayer’s income tax return for the taxable year in which such contribution was made a copy of such appraisal, (iii) the donee is an organization described in subsection (b)(1)(A), (iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee’s exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), (v) the taxpayer receives from the donee a written statement representing that the donee’s use of the property will be in accordance with the provisions of clause (iv), and (vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been— (I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and (II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). (C) Maximum dollar limitation; no carryover of increased deduction \nThe increase in the deduction under this section by reason of this paragraph for any taxable year— (i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and (ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). (D) Artistic adjusted gross income \nFor purposes of this paragraph, the term artistic adjusted gross income means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to— (i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and (ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). (E) Paragraph not to apply to certain contributions \nSubparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. (F) Copyright treated as separate property for partial interest rule \nIn the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3).. (2) Effective date \nThe amendment made by this subsection shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.", "id": "id1CAB0F12CD344C30BA9E4448256B5030", "header": "Tax incentives" }, { "text": "401. Promotion by Export-Import Bank of the United States of exports by creative industries and occupations \nSection 2(b)(1) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1) ) is amended by adding at the end the following: (N) (i) The Bank shall— (I) undertake efforts to enhance the Bank's capacity to provide information about the Bank's programs to creative industries or occupations that have not previously participated in the Bank's programs; and (II) promote the export of goods produced and services provided by creative industries or occupations. (ii) Not later than 1 year after the date of enactment of this subparagraph, the President of the Bank shall submit to Congress a report on the activities undertaken pursuant to this subparagraph. (iii) In this subparagraph, the term creative industry or occupation has the meaning given that term in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2021..", "id": "id731268426A504321BA130C77BB2409AD", "header": "Promotion by Export-Import Bank of the United States of exports by creative industries and occupations" }, { "text": "402. Promotion of exports from creative industries and occupations \n(a) Promotion of exports by United States and Foreign Commercial Service \nSection 2301(b) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721(b) ) is amended, in the matter preceding paragraph (1), by inserting after medium-sized businesses the following: and creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ). (b) Strategic plan of Trade Promotion Coordinating Committee \nSection 2312(c) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4727(c) ) is amended— (1) in paragraph (6), by striking ; and and inserting a semicolon; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (8) consider how to promote exports of goods and services from creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 ).. (c) Promotion of exports of Native Hawaiian arts and crafts and exports from Native Hawaiian-Owned Businesses \nSection 2307 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4726 ) is amended— (1) by inserting or Native Hawaiian after American Indian each place it appears; (2) in subsection (a)— (A) by inserting or Native Hawaiian after include Indian ; and (B) by inserting or Native Hawaiian-owned after Indian-owned ; and (3) in subsection (e), by striking hand made or hand crafted and inserting made.", "id": "id7E36CB2A50C14D11B6DB2ACA94A9BE5C", "header": "Promotion of exports from creative industries and occupations" }, { "text": "403. Collaboration to improve access to reliable international shipping services \nThe Under Secretary of Commerce for International Trade, the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service appointed under section 2301(a)(2) of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721(a)(2) ), and the Postmaster General shall consult and collaborate with respect to how to better connect microenterprises and small businesses to fast, reliable international shipping services that meet the expectations of the modern consumer.", "id": "id1548525939F740F6A4DBE0A64FA1C8A6", "header": "Collaboration to improve access to reliable international shipping services" }, { "text": "404. Demonstration program to promote use of creative industries and occupations in certain economic planning \nNot later than 120 days after the date of enactment of this Act, the Secretary of Commerce shall establish a demonstration program to assess the feasibility and advisability of providing support to local arts agencies and nonprofits through the Economic Development Administration Planning and Local Technical Assistance Program authorized under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) to promote the use of creative industries and occupations in the economic planning of local governments, including in comprehensive economic development strategies.", "id": "id78DC2043691C4C9D9567ED64F10462C6", "header": "Demonstration program to promote use of creative industries and occupations in certain economic planning" }, { "text": "405. Trade and Development Agency \nSection 661(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2421(a) ) is amended— (1) by striking the subsection designation and heading and all that follows through The Trade in the first sentence, and inserting the following: (a) Treatment; purpose \n(1) Treatment \nThe Trade ; (2) in the second sentence of paragraph (1) (as so designated), by striking The purpose and inserting the following: (2) Purpose \nThe purpose ; and (3) in paragraph (2) (as so designated), by striking such as energy, transportation, telecommunications, and environment. and inserting the following: such as— (A) energy; (B) transportation; (C) telecommunications; (D) the environment; and (E) creative industries and occupations (as defined in section 102 of the Promoting Local Arts and Creative Economy Workforce Act of 2022 )..", "id": "id0C39DBA04E2F4B01B17DECB54F85F802", "header": "Trade and Development Agency" }, { "text": "501. Collaboration \nIn carrying out this Act, and the amendments made by this Act, the head of each relevant Federal agency shall, to the greatest extent practicable, collaborate with the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities.", "id": "id8EC2B5479ABB457AADBED0F1915B56F6", "header": "Collaboration" }, { "text": "502. Creative Economy Advisory Board \n(a) Establishment; Resources \n(1) Establishment \nThe Secretary of Commerce shall establish, pursuant to section 3 of the Act of February 14, 1903 ( 15 U.S.C. 1512 ; 32 Stat. 826, chapter 552; 95 Stat. 154), and the Federal Advisory Committee Act (5 U.S.C. App.), an advisory board, to be known as the Creative Economy Advisory Board (referred to in this section as the Advisory Board ). (2) Resources \nThe Secretary of Commerce shall make available to the Advisory Board such personnel, funds, and other resources as may be appropriate to enable the Advisory Board to carry out the activities described in subsection (d). (b) Membership \n(1) In general \nThe Advisory Board shall be composed of 15 members, to be appointed by the Secretary of Commerce from among individuals with expertise relating to the issues described in subsection (d)(1). (2) Date of appointment \nThe appointment of the members of the Advisory Board shall be made not later than 120 days after the date of enactment of this Act. (c) Term; vacancies \n(1) Term \nA member shall be appointed to serve on the Advisory Board for a term of 2 years. (2) Vacancies \nA vacancy on the Advisory Board— (A) shall not affect the powers of the Advisory Board; and (B) shall be filled in the same manner as the original appointment was made. (d) Duties \n(1) Studies \nNot less frequently than biannually, the Advisory Board shall conduct a study of all matters relating to— (A) cultural tourism; (B) heritage tourism; (C) the creative economy (including creative industries and occupations); and (D) international cultural trade and activity. (2) Recommendations \nThe Advisory Board shall develop recommendations regarding the matters described in paragraph (1). (3) Report \nNot later than 1 year after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Advisory Board shall submit to the Secretary of Commerce a report that contains— (A) a detailed statement of the findings and conclusions of the Advisory Board under the most recent study under paragraph (1); and (B) the recommendations of the Advisory Board for such administrative actions as the Advisory Board considers to be appropriate. (e) Powers \n(1) Hearings \nThe Advisory Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Board considers to be advisable to carry out this section. (2) Information from Federal agencies \n(A) In general \nThe Advisory Board may secure directly from a Federal agency such information as the Advisory Board considers to be necessary to carry out this section. (B) Provision of information \nOn request of the Advisory Board, the head of a Federal agency shall provide the requested information to the Advisory Board. (3) Postal services \nThe Advisory Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts \nThe Advisory Board may accept, use, and dispose of gifts or donations of services or property. (f) Personnel matters \n(1) No compensation of members \nExcept as provided in paragraph (2), a member of the Advisory Board shall serve without compensation. (2) Travel expenses \nA member of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Board.", "id": "id5EE95854C43B4E4CBEC35F90BDA46365", "header": "Creative Economy Advisory Board" }, { "text": "503. Travel and Tourism Advisory Board \nNotwithstanding any other provision of law (including regulations), the Secretary of Commerce shall appoint to serve as a permanent member of the United States Travel and Tourism Advisory Board established pursuant to section 3 of the Act of February 14, 1903 ( 15 U.S.C. 1512 ; 32 Stat. 826, chapter 552; 95 Stat. 154), and the Federal Advisory Committee Act (5 U.S.C. App.) a representative of creative industries and occupations.", "id": "idC94A5C9412CF43ADA1E4C7B079EE1285", "header": "Travel and Tourism Advisory Board" }, { "text": "504. Federal Council on the Arts and the Humanities \nSection 9 of the National Foundation on the Arts and the Humanities Act of 1965 ( 20 U.S.C. 958 ) is amended— (1) in subsection (b)— (A) by inserting the Administrator of the Small Business Administration, the Secretary of the Treasury, after Assistant Secretary for Aging, ; and (B) by striking The President shall designate the presiding officer of the Council from among the members. and inserting The co-Chairs of the Council shall be the Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities. ; and (2) in subsection (c)— (A) in paragraph (6), by striking and after the semicolon; (B) in paragraph (7), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (8) coordinate the creative industry or occupation programs of the Federal agencies; (9) establish goals and priorities for the creative industries or occupations and their development that will strengthen the creative economy of the United States; (10) work with industry organizations, Federal agencies, and industry nonprofit organizations to identify and reduce regulatory, logistical, and fiscal barriers within the Federal Government and State governments that inhibit creative industry and occupation growth; and (11) identify technological, market, or business challenges that may best be addressed by public-private partnerships, and are likely to attract both participation and primary funding from industry, and encourage the formation of those public-private partnerships..", "id": "idF848D2EA7DB04DCB9A07A9DECB6F5FDD", "header": "Federal Council on the Arts and the Humanities" }, { "text": "505. Art in Architecture program funding \nNotwithstanding any other provision of law (including regulations), of the amounts made available for each fiscal year to the General Services Administration for construction, the Administrator of General Services shall use not less than 1 percent to carry out the Art in Architecture program of the General Services Administration under part 102–77 of title 41, Code of Federal Regulations (or successor regulations).", "id": "idA62D9576577141C798512E327E20BD1C", "header": "Art in Architecture program funding" }, { "text": "506. Office of Readiness, Recovery, and Resilience \n(a) Office established \nThere shall be established within the National Endowment for the Arts an Office of Readiness, Recovery, and Resilience (referred to in this section as the Office ). (b) Purposes \nThe purposes of the Office are— (1) to build upon the work of the National Endowment for the Arts, as of the date of enactment of this Act, in support of the disaster and emergency management-related needs of artists and arts organizations in the recovery phase; (2) to improve the preparedness of artists and arts organizations, and to improve their resilience, in the face of the growing climate emergency; (3) to focus on and meet the range of preparedness, response, and recovery needs of artists and arts organizations; and (4) to support the role artists and arts organizations can play in community mitigation and recovery through the arts. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "id6A7DA11629E54D9CB71C6A367F0153B6", "header": "Office of Readiness, Recovery, and Resilience" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Supporting Early-childhood Educators’ Deductions Act or the SEED Act.", "id": "H8813371004194E83B0C70BC35DFABD71", "header": "Short title" }, { "text": "2. Educator expense deduction to include early childhood educators \n(a) In general \nSection 62 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)(2)(D), by striking elementary and secondary in the heading and inserting early childhood, elementary, and secondary ; (2) in subsection (d)(1)(A), by striking kindergarten through grade 12 teacher and inserting, early childhood or kindergarten through grade 12 teacher, educator ; and (3) in subsection (d)(1)(B), by striking elementary education or secondary education and inserting early childhood education (through pre-kindergarten) or elementary or secondary education. (b) Effective date \nThe amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020.", "id": "HA9DB30466BCD47F08A24207C516947F3", "header": "Educator expense deduction to include early childhood educators" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Expand Housing Opportunities Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Workforce Housing Development Act Sec. 101. Short title. Sec. 102. Competitive grant program to support workforce housing units. TITLE II—State Affordable Housing Trust Fund Match Act Sec. 201. Short title. Sec. 202. State affordable housing trust fund match. TITLE III—Prevent Evictions Act Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Landlord-tenant mediation competitive grant program.", "id": "S1", "header": "Short title; table of contents" }, { "text": "101. Short title \nThis title may be cited as the Workforce Housing Development Act.", "id": "idE111BA24CDCF44A79542EA9E67FE2847", "header": "Short title" }, { "text": "102. Competitive grant program to support workforce housing units \n(a) Definitions \nIn this section: (1) Affordable \nThe term affordable , with respect to a workforce housing unit, means that the total housing costs for the unit do not exceed 30 percent of the income of the buyer of the workforce housing unit. (2) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (3) Dwelling \nThe term dwelling means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by 1 or more individuals. (4) Eligible entity \nThe term eligible entity means— (A) a State or unit of local government; (B) a nonprofit housing developer; (C) an agency or instrumentality of a State; (D) a public housing agency; (E) a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ); (F) a resident-owned community; and (G) any other entity that supports housing development, as determined by the Secretary. (5) First-time homebuyer \nThe term first-time homebuyer has the meaning given the term in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ). (6) Nonprofit housing developer \nThe term nonprofit housing developer means a nonprofit organization having as one of its principal purposes the creation, development, or preservation of housing, including a subsidiary of a public housing agency. (7) Program \nThe term Program means the grant program established under this section. (8) Public housing agency; State \nThe terms public housing agency and State have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (9) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (10) Total housing costs \nThe term total housing costs means mortgage principal and interest, taxes, and insurance. (11) Workforce housing unit \nThe term workforce housing unit means a 1- to 4-unit dwelling— (A) that is the primary residence of the buyer; (B) in which none of the units are rented; and (C) that is affordable to buyers with incomes of not more than 100 percent of the area median income. (b) Establishment \nThe Secretary shall establish a competitive grant program to award grants to eligible entities to increase the supply of affordable workforce housing units. (c) Use of funds \nA recipient of a grant under the Program shall use grant funds for the construction, preservation, or rehabilitation of workforce housing units, which shall remain affordable for a period of not less than 5 years from the sale of the workforce housing unit. (d) Application and selection process \n(1) Application \nAn eligible entity desiring a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing— (A) a description of the construction, preservation, or rehabilitation projects to be supported by the grant; and (B) any additional information as the Secretary may require. (2) Selection of grantees \n(A) In general \nThe Secretary shall establish criteria to award grants under the Program on a competitive basis, which may include consideration of whether— (i) the median price of workforce housing units in the area to be served by the grant is increasing; (ii) the supply of available workforce housing units in the area to be served by the grant is decreasing; and (iii) whether employers in the area to be served by the grant are struggling to recruit employees due to the lack of affordable housing options. (B) Priority \nThe Secretary shall prioritize awarding grants to eligible entities that demonstrate a lack of affordable workforce housing units in the area to be served by the grant. (e) Report to Congress \nNot later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the implementation of the Program, which shall include— (1) a list of grant recipients and the amount awarded to each grant recipient; (2) a description of the projects assisted using grant funds, including the number of affordable workforce housing units created, preserved, and rehabilitated under the Program; (3) a description of the households that purchased homes assisted under the Program, including the number of first-time homebuyers; and (4) any other metrics that the Secretary determines necessary. (f) Workforce Housing Development Fund \n(1) In general \nThere is established in the Treasury a fund to be known as the Workforce Housing Development Fund to carry out the Program. (2) Authorization of appropriations \nThere is authorized to be appropriated and deposited into the fund established under paragraph (1) such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter.", "id": "idCFC05FCB47104C24BF46736C57164630", "header": "Competitive grant program to support workforce housing units" }, { "text": "201. Short title \nThis title may be cited as the State Affordable Housing Trust Fund Match Act.", "id": "idee85159f8940425ca08509b994f89d64", "header": "Short title" }, { "text": "202. State affordable housing trust fund match \nSection 217 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12747 ) is amended by adding at the end the following: (e) State affordable housing trust fund match \n(1) Definitions \nIn this subsection: (A) Affordable housing needs \nThe term affordable housing needs means housing, housing construction, or housing improvements designated for low-income individuals, including individuals experiencing substance use disorders, veterans, individuals in rural communities, individuals experiencing homelessness, or individuals experiencing disabilities. (B) Bonus amount \nThe term bonus amount means an increased amount allocated to a State under paragraph (2)(A). (C) Covered housing assistance \nThe term covered housing assistance — (i) means housing-related assistance that— (I) is provided by the Federal Government or a State or local government, or an agency or instrumentality thereof; and (II) imposes affordable housing quality or safety measures that are acceptable to the Secretary; and (ii) includes— (I) assistance provided under— (aa) the HOME Investment Partnerships Program under this title; (bb) the Federal Housing Administration’s Risk-Sharing Programs under section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 ); (cc) the Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); or (dd) the Housing Trust Fund under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ); (II) tax credits provided under section 42 of the Internal Revenue Code of 1986; and (III) funding derived from proceeds of bonds that are— (aa) exempt from tax under section 103 of the Internal Revenue Code of 1986; and (bb) part of an issue 95 percent or more of the proceeds of which are used to provide qualified residential rental projects (as defined in section 142(d) of such Code). (D) COVID–19 emergency period \nThe term COVID–19 emergency period means the period beginning in fiscal year 2020 and ending in the fiscal year that begins after the last day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. (E) Eligible State \n(i) In general \nThe term eligible State , with respect to eligibility to receive a bonus amount for a fiscal year, means a State that made a qualifying expenditure during any of the 3 preceding fiscal years, subject to clause (ii). (ii) COVID–19 emergency \nIf the 3-fiscal year period referred to in clause (i) would include a fiscal year occurring during the COVID–19 emergency period, a State may elect to have the Secretary apply that clause by substituting the 3 most recent fiscal years that did not coincide with the COVID–19 emergency period for the 3 preceding fiscal years. (F) Housing for individuals experiencing substance use disorders \nThe term housing for individuals experiencing substance use disorders means— (i) housing that— (I) is designed to meet the needs of an individual experiencing a substance use disorder or a family that includes such an individual; and (II) makes available supportive services that address the physical health, mental health, behavioral health, substance use treatment, or other needs of an individual described in subclause (I), which may include such services to the family of the individual; and (ii) recovery housing, as defined in section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 ). (G) Qualifying expenditure \nThe term qualifying expenditure means an expenditure— (i) that was obligated, through a State affordable housing trust fund, for a project that also received covered housing assistance; (ii) (I) not less than 20 percent of the beneficiaries of which are households with an income that is not more than 30 percent of the area median income; or (II) not less than 40 percent of the beneficiaries of which are households with an income that is not more than 60 percent of the area median income; (iii) that has a period of affordability of not less than 15 years; and (iv) that has not been counted for purposes of the non-Federal matching requirement under section 220. (H) Qualifying expenditure for extremely low-income households \nThe term qualifying expenditure for extremely low-income households means a qualifying expenditure that satisfies the criterion under subclause (I) of subparagraph (G)(ii). (I) Qualifying expenditure for low-income households \nThe term qualifying expenditure for low-income households means a qualifying expenditure that satisfies the criterion under subclause (II) of subparagraph (G)(ii). (J) State affordable housing trust fund \nThe term State affordable housing trust fund means a fund operated by a State, or an agency or instrumentality thereof— (i) that— (I) provides financial assistance for a variety of affordable housing needs; and (II) receives public funding; and (ii) without regard to whether the State (or agency or instrumentality) designates the fund as a trust fund or otherwise. (2) Bonus amounts \n(A) In general \nSubject to subparagraph (B), for fiscal year 2023 and each fiscal year thereafter, with respect to an eligible State that submits a complete application to the Secretary under paragraph (4), the Secretary shall increase the amount that would otherwise be allocated to the State under this section by an amount equal to the sum of the amounts calculated by the Secretary for the State under subparagraphs (A) and (B) of paragraph (3). (B) Demand exceeding available funds \nIf the total amount of bonus amounts that would otherwise be allocated under subparagraph (A) for a fiscal year exceeds the amounts made available to carry out this subsection for that fiscal year, the Secretary shall reduce the bonus amount allocated to each State under subparagraph (A) on a pro rata basis. (3) Bonus amount formulas \n(A) Standard amount \nThe amount calculated under this subparagraph for a State for a fiscal year shall be 50 percent of the average amount that the State obligated for qualifying expenditures for low-income households during each of the preceding 3 fiscal years, subject to subparagraph (D). (B) Enhanced amount \nThe amount calculated under this subparagraph for a State for a fiscal year shall be not more than 75 percent of the average amount that the State obligated, during each of the preceding 3 fiscal years, subject to subparagraph (D), for— (i) qualifying expenditures for low-income households for projects that substantially complied with the definition of the term housing for individuals experiencing substance use disorders under paragraph (1); or (ii) qualifying expenditures for extremely low-income households. (C) No double-counting of qualifying expenditures \nA qualifying expenditure by a State or State-designated entity counted under subparagraph (B) may not be counted under subparagraph (A). (D) COVID–19 emergency \nIf the 3-fiscal year period referred to in subparagraphs (A) and (B) would include a fiscal year occurring during the COVID–19 emergency period, a State may elect to have the Secretary make the calculation under those subparagraphs using the 3 most recent fiscal years that did not coincide with the COVID–19 emergency period. (4) Application \n(A) In general \nAn eligible State that wishes to receive a bonus amount shall submit to the Secretary an application, as part of the annual action plan required under section 91.320 of title 24, Code of Federal Regulations (or any successor regulation), in accordance with subparagraph (B). (B) Contents \nAn application submitted under subparagraph (A) shall include, for purposes of determining the amount of the bonus amount— (i) a list of each qualifying expenditure that the State wishes to be counted for purposes of calculating the amount of the bonus amount, including the fiscal year in which the qualifying expenditure was made; (ii) a description of each project that the State has funded using a qualifying expenditure described in clause (i); (iii) whether the State wishes each qualifying expenditure described in clause (i) to be counted in calculating— (I) the standard amount under paragraph (3)(A); or (II) the enhanced amount under paragraph (3)(B); (iv) the amount of each qualifying expenditure described in clause (i); (v) an explanation of how each qualifying expenditure described in clause (i)— (I) satisfies the definition of the term qualifying expenditure under paragraph (1), including the requirement under clause (i) of that definition; and (II) if applicable— (aa) funded a project that substantially complies with the definition of the term housing for individuals experiencing substance use disorders under paragraph (1); or (bb) was a qualifying expenditure for extremely low-income households; and (vi) a timeline for completion of each project described in clause (ii). (C) Tracking of funds \nThe Secretary shall, for each State that wishes to receive a bonus amount— (i) require the State to develop and maintain a system to— (I) track obligated funds from a State affordable housing trust fund; and (II) ensure that each obligation described in subclause (I) that the State claims as a qualifying expenditure under subparagraph (B)(i) constitutes a qualifying expenditure; and (ii) establish minimum requirements for agreements, between the State and each entity that receives assistance from the State in the form of a qualifying expenditure, which shall include— (I) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the assistance to ensure compliance with the definition of the term qualifying expenditure under paragraph (1); and (II) any other requirements that the Secretary determines are necessary to ensure appropriate administration of amounts from State affordable housing trust funds for purposes of this subsection. (5) Oversight \n(A) Report to Congress \nNot later than September 30, 2026, and every 4 years thereafter, the Secretary shall submit a report to Congress regarding the implementation of this subsection during the preceding 4-year period. (B) Contents \nIn each report submitted under subparagraph (A), the Secretary shall— (i) identify each State that received a bonus amount, and the amount of the bonus amount; (ii) describe whether States have increased investment in and obligation of funds from State affordable housing trust funds as a result of the increased funding provided under this subsection; (iii) describe how many more units were created by the bonus amount in each State that received a bonus amount; (iv) describe the populations targeted by projects that were funded with qualifying expenditures or funded by bonus amounts, such as individuals experiencing substance use disorders, veterans, individuals in rural communities, individuals experiencing homelessness, or individuals experiencing disabilities; (v) describe the average length of affordability periods for— (I) projects funded with qualifying expenditures; and (II) projects funded by bonus amounts; (vi) for each State that received a bonus amount, describe whether the State used the bonus amount for— (I) rehabilitation of owner-occupied housing; (II) assistance to home buyers; or (III) rental housing activities; and (vii) assess any other metric that the Secretary determines necessary. (6) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for fiscal year 2023 and each fiscal year thereafter such amounts as may be necessary to carry out this subsection. (7) Relation to minimum State allocation \nNothing in this subsection shall be construed to authorize the Secretary to consider the amount of a bonus amount allocated to a State in determining under subsection (b)(2) whether the formula established under subsection (b) would allocate less than $3,000,000 to the State..", "id": "idcf8e2e7a3db744b2928d754a4b274746", "header": "State affordable housing trust fund match" }, { "text": "301. Short title \nThis title may be cited as the Prevent Evictions Act.", "id": "id1bb3a78fc4464fc69ef82788b80ebb75", "header": "Short title" }, { "text": "302. Definitions \nIn this title: (1) Covered grant \nThe term covered grant means an implementation grant or program expansion grant. (2) Eligible entity \nThe term eligible entity means a State or a court thereof, a political subdivision of a State or a court thereof, a Tribal government, or any other appropriate public or nonprofit entity as determined by the Secretary, that is formulating or carrying out a program that primarily involves meditation between landlords and tenants. (3) Implementation grant \nThe term implementation grant means a grant awarded under section 303(b). (4) Program expansion grant \nThe term program expansion grant means a grant awarded under section 303(c). (5) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development.", "id": "id4d6e58bd2f5742f6a6533e4d4d7f0a7f", "header": "Definitions" }, { "text": "303. Landlord-tenant mediation competitive grant program \n(a) In general \nThe Secretary shall award competitive grants under subsections (b) and (c) to eligible entities to assist those entities in establishing and administering, or continuing, landlord-tenant mediation programs. (b) Implementation grants \n(1) In general \nThe Secretary shall award competitive grants to eligible entities to assist the entities in establishing and administering landlord-tenant mediation programs. (2) Term \nThe term of an implementation grant shall be 2 years. (3) Amount \nThe amount of an implementation grant shall be not more than $1,500,000. (4) Use of funds \nAn eligible entity may use an implementation grant to establish— (A) a statewide mediation program; or (B) a mediation program in a political subdivision of a State or in the jurisdiction of an Indian Tribe that demonstrates a high need for such a program due to— (i) the rate of evictions in the political subdivision or Tribal jurisdiction; or (ii) other characteristics of the political subdivision or Indian Tribe that contribute to the rate of evictions in the political subdivision or Tribal jurisdiction. (5) Federal share \nThe Federal share of the cost of a mediation program established using an implementation grant may not exceed 50 percent. (c) Program expansion grants \n(1) In general \nThe Secretary shall award competitive grants to eligible entities to assist the entities in continuing activities related to landlord-tenant mediation. (2) Term \nThe term of a program expansion grant shall be 3 years. (3) Amount \nThe amount of a program expansion grant shall be not more than $1,000,000. (4) Maintenance of effort \n(A) In general \nSubject to subparagraph (B), amounts made available to an eligible entity under a program expansion grant shall be used to supplement, and not supplant, contributions made by the eligible entity for existing landlord-tenant mediation activities. (B) Reduction of existing funding \nTo the extent that amounts from a program expansion grant are used to replace funding for existing landlord-tenant mediation activities that is reduced for reasons beyond the control of the eligible entity, such use shall not be considered supplanting of amounts contributed by the eligible entity for purposes of subparagraph (A). (d) General rules for covered grants \n(1) Use of funds \nAn eligible entity may use a covered grant to pay for operating costs, staff salaries, mediator compensation, information technology, interpreters, outreach services, and recruitment. (2) Good faith participation \nAn eligible entity that receives a covered grant shall encourage each party participating in the landlord-tenant mediation program funded by the grant to make a good faith effort to discuss potential resolutions. (3) Geographic and population diversity \nThe Secretary shall ensure, to the maximum extent practicable, that recipients of covered grants represent— (A) diverse geographical areas of the United States; and (B) States, political subdivisions of States, and Indian Tribes of varying population sizes. (4) Free to tenants \nA tenant may not be charged for participating in landlord-tenant mediation funded by a covered grant. (e) Oversight requirements \nFor each year of a covered grant received by an eligible entity, the eligible entity shall submit to the Secretary a report that— (1) describes how the eligible entity used the grant funds during that year; and (2) includes any performance data, relating to programs funded by the covered grant, that the eligible entity submitted to a State or political subdivision thereof, if applicable. (f) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter.", "id": "idb01c806fd32a4a0f8b49a74a3fff6959", "header": "Landlord-tenant mediation competitive grant program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Flood Insurance Program Reauthorization and Reform Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Reauthorization and affordability Sec. 101. Reauthorization. Sec. 102. Cap on annual premium increases. Sec. 103. Targeted means-tested assistance. Sec. 104. Optional monthly installment premium payment plans. Sec. 105. Study on business interruption coverage. Sec. 106. Cooperative coverage fairness. Sec. 107. Coverage limits. Sec. 108. Study on participation rates. Sec. 109. National Flood Insurance Act definitions regarding the Write Your Own Program. TITLE II—Mitigation and mapping Sec. 201. Mitigation for high-risk properties. Sec. 202. Increased cost of compliance coverage. Sec. 203. Flood mitigation assistance grants. Sec. 204. Urban mitigation opportunities. Sec. 205. Community Rating System Regional Coordinator. Sec. 206. Mitigation loan program. Sec. 207. Revolving loan funds. Sec. 208. Mapping modernization. Sec. 209. Levee-protected areas. Sec. 210. Community-wide flood mitigation activities. TITLE III—Solvency Sec. 301. Forbearance on NFIP interest payments. Sec. 302. Cap on Write Your Own company compensation. Sec. 303. Third-party service provider costs; transparency. Sec. 304. Availability of NFIP claims data. Sec. 305. Refusal of mitigation assistance. Sec. 306. Multiple structure mitigation. TITLE IV—Policyholder protection and fairness Sec. 401. Earth movement fix and engineer standards. Sec. 402. Coverage of pre-FIRM condominium basements and study on street raising. Sec. 403. Guidance on remediation and policyholder duties. Sec. 404. Appeal of decisions relating to flood insurance coverage. Sec. 405. Accountability for underpayments and overpayments by Write Your Own companies. Sec. 406. Policyholders’ right to know. Sec. 407. Exclusion of service providers from participation in the National Flood Insurance Program. Sec. 408. Deadline for claim processing. Sec. 409. No manipulation of engineer reports. Sec. 410. Improved training of floodplain managers, agents, and adjusters. Sec. 411. Flood insurance continuing education and training. Sec. 412. Shifting of attorney fees and other expenses. Sec. 413. Restriction on defense of claims litigation. Sec. 414. Reforming use of proof of loss forms. Sec. 415. Agent Advisory Council. Sec. 416. Disclosure of flood risk information prior to transfer of property.", "id": "idB0AA79349C9044B3B3F1A43E190588E4", "header": "Table of contents" }, { "text": "3. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) National Flood Insurance Program \nThe term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (3) National Flood Mitigation Fund \nThe term National Flood Mitigation Fund means the fund established under section 1367 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104d ). (4) Write Your Own Company \nThe term Write Your Own Company has the meaning given the term in section 1370(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4121(a) ), as amended by section 109 of this Act.", "id": "id40D07D3EB7F240FDBECBA0255019991A", "header": "Definitions" }, { "text": "101. Reauthorization \n(a) In general \n(1) Financing \nSection 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) is amended by striking September 30, 2021 and inserting September 30, 2026. (2) Program expiration \nSection 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 ) is amended by striking September 30, 2021 and inserting September 30, 2026. (3) Retroactive effective date \nIf this Act is enacted after December 3, 2021, the amendments made by paragraphs (1) and (2) shall take effect as if enacted on December 3, 2021. (b) Continued operation during lapse of appropriations \nSection 1310(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(f) ) is amended— (1) by inserting (1) after (f) ; and (2) by adding at the end the following: (2) (A) In this paragraph, the term period of a lapse in appropriations from the Fund means a period, on or after the first day of a fiscal year, during which an appropriation Act for the fiscal year with respect to the Fund has not been enacted and continuing appropriations are not in effect for the fiscal year with respect to the Fund. (B) Notwithstanding paragraph (1), during a period of a lapse in appropriations from the Fund, amounts in the Fund not otherwise appropriated shall be available to the Administrator to carry out the flood insurance program under this title, subject to the same terms and conditions (except with respect to the period of availability), and in an amount not greater than the rate for operations, provided for the Fund in the most recently enacted regular or continuing appropriation Act. (C) Amounts in the Fund shall be available under subparagraph (B) for a fiscal year during the period beginning on the first day of a period of a lapse in appropriations from the Fund during the fiscal year and ending on the date on which the regular appropriation Act for the fiscal year with respect to the Fund is enacted (whether or not such law makes amounts available from the Fund) or a law making continuing appropriations with respect to the Fund is enacted, as the case may be. (D) Expenditures and obligations made under this paragraph shall be charged to the Fund whenever a regular appropriation Act, or a law making continuing appropriations, with respect to the Fund is enacted for the applicable fiscal year..", "id": "id9A03B150701340808C3E5BF8A1DE7048", "header": "Reauthorization" }, { "text": "102. Cap on annual premium increases \n(a) Definition \nIn this section, the term covered cost — (1) means— (A) the amount of an annual premium with respect to any policy for flood insurance under the National Flood Insurance Program; (B) any surcharge imposed with respect to a policy described in subparagraph (A) (other than a surcharge imposed under section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) )), including a surcharge imposed under section 1308A(a) of that Act ( 42 U.S.C. 4015a(a) ); and (C) a fee described in paragraph (1)(B)(iii) or (2) of section 1307(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a) ); and (2) does not include any cost associated with the purchase of insurance under section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) ), including any surcharge that relates to insurance purchased under such section 1304(b). (b) Limitation on increases \n(1) Limitation \n(A) In general \nDuring the 5-year period beginning on the date of enactment of this Act, notwithstanding section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) ), and subject to subparagraph (B), the Administrator may not, in any year, increase the amount of any covered cost by an amount that is more than 9 percent, as compared with the amount of the covered cost during the previous year, except where the increase in the covered cost relates to an exception under paragraph (1)(C)(iii) of such section 1308(e). (B) Decrease of amount of deductible or increase in amount of coverage \nIn the case of a policyholder described in section 1308(e)(1)(C)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e)(1)(C)(ii) ), the Administrator shall establish a process by which the Administrator determines an increase in covered costs for the policyholder that is— (i) proportional to the relative change in risk based on the action taken by the policyholder; and (ii) in compliance with subparagraph (A). (2) New rating systems \n(A) Classification \nWith respect to a property, the limitation under paragraph (1) shall remain in effect for each year until the covered costs with respect to the property reflect full actuarial rates, without regard to whether, at any time until the year in which those covered costs reflect full actuarial rates, the property is rated or classified under the Risk Rating 2.0 methodology (or any substantially similar methodology). (B) New policyholder \nIf a property to which the limitation under paragraph (1) applies is sold before the covered costs for the property reflect full actuarial rates determined under the Risk Rating 2.0 methodology (or any substantially similar methodology), that limitation shall remain in effect for each year until the year in which those full actuarial rates takes effect. (c) Rule of construction \nNothing in subsection (b) may be construed as prohibiting the Administrator from reducing, in any year, the amount of any covered cost, as compared with the amount of the covered cost during the previous year. (d) Average historical loss year \nSection 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended by striking subsection (h) and inserting the following: (h) Rule of construction \nFor purposes of this section, the calculation of an average historical loss year shall be computed in accordance with generally accepted actuarial principles.. (e) Disclosure with respect to the affordability standard \nSection 1308(j) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(j) ) is amended, in the second sentence, by inserting and shall include in the report the number of those exceptions as of the date on which the Administrator submits the report and the location of each policyholder insured under those exceptions, organized by county and State after of the Senate.", "id": "idC2442318D7164A848428AD8AB739F6CB", "header": "Cap on annual premium increases" }, { "text": "103. Targeted means-tested assistance \n(a) Means-Tested program \n(1) In general \nChapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by inserting after section 1308A ( 42 U.S.C. 4015a ) the following: 1308B. Flood insurance assistance \n(a) Definitions \nIn this section: (1) Covered property \nThe term covered property means— (A) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (B) personal property relating to a dwelling described in subparagraph (A). (2) Eligible policyholder \nThe term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located. (3) Housing expenses \nThe term housing expenses means, with respect to a household, the total amount that the household spends in a year on— (A) mortgage payments or rent; (B) property taxes; (C) homeowners insurance; and (D) premiums for flood insurance under the national flood insurance program. (4) Insurance costs \nThe term insurance costs means, with respect to a covered property for a year— (A) risk premiums and fees estimated under section 1307 and charged under section 1308; (B) surcharges assessed under sections 1304 and 1308A; and (C) any amount established under section 1310A(c). (b) Authority \nSubject to the availability of appropriations, the Administrator is authorized to carry out a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (c) Eligibility \nTo determine eligibility for means-tested assistance under this section, the Administrator may accept any of the following with respect to an eligible policyholder: (1) Income verification from the National Directory of New Hires established under section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ). (2) A self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section 1746 of title 28, United States Code. (3) Any other method identified by the Administrator in interim guidance, or a final rule, issued under subsection (e). (d) Discount \nThe Administrator may establish graduated discounts available to eligible policyholders under this section, which shall be based on the following factors: (1) The percentage by which the household income of an eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located. (2) The housing expenses of an eligible policyholder. (3) The number of eligible policyholders participating in the program established under this section. (4) The availability of funding. (5) Any other factor that the Administrator finds reasonable and necessary to carry out the purposes of this section. (e) Implementation \n(1) In general \nThe Administrator shall issue final rules to implement this section. (2) Interim guidance \n(A) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue interim guidance to implement this section, which shall— (i) include— (I) a description of how the Administrator will determine— (aa) eligibility for households to participate in the program established under this section; and (bb) assistance levels for eligible households to which assistance is provided under this section; (II) the methodology that the Administrator will use to determine the amount of assistance provided to eligible households under this section; and (III) any requirements to which eligible policyholders to which assistance is provided under this section will be subject; and (ii) expire on the later of— (I) the date that is 84 months after the date of enactment of this section; or (II) the date on which the final rules issued under paragraph (1) take effect. (B) Rule of construction \nNothing in subparagraph (A) may be construed to preclude the Administrator from amending the interim guidance issued under that subparagraph. (f) Collection of demographic information \nThe Administrator, in order to evaluate and monitor the effectiveness of this section, and to comply with the reporting requirements under subsection (g), may request demographic information, and other information, with respect to an eligible policyholder to which assistance is provided under this section, which may include— (1) the income of the eligible policyholder, as compared with the area median income for the area in which the property to which the policy applies is located; and (2) demographic characteristics of the eligible policyholder, including the race and ethnicity of the eligible policyholder. (g) Reports to Congress \n(1) In general \nNot later than 2 years after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report regarding the implementation and effectiveness of this section. (2) Contents \nEach report submitted under paragraph (1) shall include information regarding, for the period covered by the report— (A) the distribution of household area median income for eligible policyholders to which assistance is provided under this section; (B) the number of eligible policyholders to which assistance is provided under this section, which shall be disaggregated by income and demographic characteristics; (C) the cost of providing assistance under this section; and (D) the average amount of assistance provided to an eligible policyholder under this section, which shall be disaggregated as described in subparagraph (B). (h) Risk communication \nFor the purposes of the communication required under section 1308(l), the Administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder, which shall reflect the insurance costs with respect to the property before that assistance is provided. (i) Funding \n(1) Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this section— (A) $250,000,000 for fiscal year 2022; (B) $340,000,000 for fiscal year 2023; (C) $400,000,000 for fiscal year 2024; (D) $500,000,000 for fiscal year 2025; and (E) $600,000,000 for fiscal year 2026. (2) Notification \nIf, in a fiscal year, the Administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section, the Administrator shall submit to Congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year. (3) Distribution of premium \nWith respect to the amount of the discounts provided under this section in a fiscal year, and any administrative expenses incurred in carrying out this section for that fiscal year, the Administrator shall, from amounts made available to carry out this section for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 an amount equal to those discounts and administrative expenses, except to the extent that section 1310A applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which section 1310A applies in the National Flood Insurance Reserve Fund established under section 1310A.. (2) Use of savings \nIn addition to any amounts made available to the Administrator to carry out section 1308B of the National Flood Insurance Act of 1968, as added by paragraph (1), the Administrator shall use any amounts saved as a direct result of the amendments made by section 302(a) of this Act to carry out such section 1308B. (b) National Flood Insurance Act of 1968 \nThe National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) is amended— (1) in section 1308(e) ( 42 U.S.C. 4015(e) )— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C)(iii), by adding or at the end; and (iii) by adding at the end the following: (D) in the case of a property with respect to which assistance is provided under section 1308B, if— (i) the applicable policyholder is no longer eligible to receive assistance under that section; (ii) the assistance so provided has been decreased under that section; or (iii) the Administrator is not authorized, or lacks appropriated funds, to carry out that section; ; and (B) in paragraph (3), by striking period; and and inserting the following: period, except in the case of a property with respect to which assistance is provided under section 1308B if a condition described in clause (i), (ii), or (iii) of paragraph (1)(D) is applicable; and ; and (2) in section 1366(d) ( 42 U.S.C. 4104c(d) )— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) Flood insurance assistance \nIn the case of mitigation activities to structures insured by policyholders that are eligible for assistance under section 1308B, in an amount up to 100 percent of all eligible costs.. (c) Information comparisons with the national directory of new hires for flood insurance assistance income verification \nSection 453(j) of the Social Security Act ( 42 U.S.C. 653(j) ) is amended by adding at the end the following new paragraph: (12) Information comparisons for flood insurance assistance \n(A) Furnishing of information by fema \nThe Administrator of the Federal Emergency Management Agency (in this paragraph, referred to as the Administrator ) shall furnish to the Secretary, on such periodic basis as determined by the Administrator in consultation with the Secretary, information in the custody of the Administrator for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are applying for, or receiving benefits under, section 1308B of the National Flood Insurance Act of 1968. (B) Requirement to seek minimum information \nThe Administrator shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). (C) Duties of the secretary \n(i) Information disclosure \nThe Secretary, in cooperation with the Administrator, shall compare information in the National Directory of New Hires with information provided by the Administrator with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Administrator, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure \nThe Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by fema \nThe Administrator may use information resulting from a data match pursuant to this paragraph only— (i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). (E) Disclosure of information by fema \n(i) Purpose of disclosure \nThe Administrator may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). (ii) Disclosures permitted \nSubject to clause (iii), the Administrator may disclose information resulting from a data match pursuant to this paragraph only to contractors of the Federal Emergency Management Agency, private insurance companies participating in the Write Your Own Program of the Federal Emergency Management Agency, the Inspector General of the Department of Homeland Security, and the Attorney General, in connection with the administration of a program described in subparagraph (A). Information obtained by the Administrator pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. (iii) Conditions on disclosure \nDisclosures under this paragraph shall be— (I) made in accordance with data security and control policies established by the Administrator and approved by the Secretary; (II) subject to audit in a manner satisfactory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). (iv) Restrictions on redisclosure \nA person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretary and the Administrator. (F) Reimbursement of HHS costs \nThe Administrator shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (G) Consent \nThe Administrator shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual)..", "id": "id5a3d88e314934b02893271cdd95fb3fc", "header": "Targeted means-tested assistance" }, { "text": "1308B. Flood insurance assistance \n(a) Definitions \nIn this section: (1) Covered property \nThe term covered property means— (A) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (B) personal property relating to a dwelling described in subparagraph (A). (2) Eligible policyholder \nThe term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located. (3) Housing expenses \nThe term housing expenses means, with respect to a household, the total amount that the household spends in a year on— (A) mortgage payments or rent; (B) property taxes; (C) homeowners insurance; and (D) premiums for flood insurance under the national flood insurance program. (4) Insurance costs \nThe term insurance costs means, with respect to a covered property for a year— (A) risk premiums and fees estimated under section 1307 and charged under section 1308; (B) surcharges assessed under sections 1304 and 1308A; and (C) any amount established under section 1310A(c). (b) Authority \nSubject to the availability of appropriations, the Administrator is authorized to carry out a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (c) Eligibility \nTo determine eligibility for means-tested assistance under this section, the Administrator may accept any of the following with respect to an eligible policyholder: (1) Income verification from the National Directory of New Hires established under section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ). (2) A self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section 1746 of title 28, United States Code. (3) Any other method identified by the Administrator in interim guidance, or a final rule, issued under subsection (e). (d) Discount \nThe Administrator may establish graduated discounts available to eligible policyholders under this section, which shall be based on the following factors: (1) The percentage by which the household income of an eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located. (2) The housing expenses of an eligible policyholder. (3) The number of eligible policyholders participating in the program established under this section. (4) The availability of funding. (5) Any other factor that the Administrator finds reasonable and necessary to carry out the purposes of this section. (e) Implementation \n(1) In general \nThe Administrator shall issue final rules to implement this section. (2) Interim guidance \n(A) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue interim guidance to implement this section, which shall— (i) include— (I) a description of how the Administrator will determine— (aa) eligibility for households to participate in the program established under this section; and (bb) assistance levels for eligible households to which assistance is provided under this section; (II) the methodology that the Administrator will use to determine the amount of assistance provided to eligible households under this section; and (III) any requirements to which eligible policyholders to which assistance is provided under this section will be subject; and (ii) expire on the later of— (I) the date that is 84 months after the date of enactment of this section; or (II) the date on which the final rules issued under paragraph (1) take effect. (B) Rule of construction \nNothing in subparagraph (A) may be construed to preclude the Administrator from amending the interim guidance issued under that subparagraph. (f) Collection of demographic information \nThe Administrator, in order to evaluate and monitor the effectiveness of this section, and to comply with the reporting requirements under subsection (g), may request demographic information, and other information, with respect to an eligible policyholder to which assistance is provided under this section, which may include— (1) the income of the eligible policyholder, as compared with the area median income for the area in which the property to which the policy applies is located; and (2) demographic characteristics of the eligible policyholder, including the race and ethnicity of the eligible policyholder. (g) Reports to Congress \n(1) In general \nNot later than 2 years after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report regarding the implementation and effectiveness of this section. (2) Contents \nEach report submitted under paragraph (1) shall include information regarding, for the period covered by the report— (A) the distribution of household area median income for eligible policyholders to which assistance is provided under this section; (B) the number of eligible policyholders to which assistance is provided under this section, which shall be disaggregated by income and demographic characteristics; (C) the cost of providing assistance under this section; and (D) the average amount of assistance provided to an eligible policyholder under this section, which shall be disaggregated as described in subparagraph (B). (h) Risk communication \nFor the purposes of the communication required under section 1308(l), the Administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder, which shall reflect the insurance costs with respect to the property before that assistance is provided. (i) Funding \n(1) Authorization of appropriations \nThere is authorized to be appropriated to the Administrator to carry out this section— (A) $250,000,000 for fiscal year 2022; (B) $340,000,000 for fiscal year 2023; (C) $400,000,000 for fiscal year 2024; (D) $500,000,000 for fiscal year 2025; and (E) $600,000,000 for fiscal year 2026. (2) Notification \nIf, in a fiscal year, the Administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section, the Administrator shall submit to Congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year. (3) Distribution of premium \nWith respect to the amount of the discounts provided under this section in a fiscal year, and any administrative expenses incurred in carrying out this section for that fiscal year, the Administrator shall, from amounts made available to carry out this section for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 an amount equal to those discounts and administrative expenses, except to the extent that section 1310A applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which section 1310A applies in the National Flood Insurance Reserve Fund established under section 1310A.", "id": "ida4906b3d638542f2bc9d6097f079db35", "header": "Flood insurance assistance" }, { "text": "104. Optional monthly installment premium payment plans \nSection 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) ) is amended— (1) by striking With respect to and inserting the following: (1) Annual or monthly option \nSubject to paragraph (2), with respect to ; and (2) by adding at the end the following: (2) Monthly installment \nWith respect to a policyholder that opts under paragraph (1) to pay premiums on a monthly basis, the Administrator may charge the policyholder an annual fee of not more than $15. (3) Exemption from rule making; pilot program \nDuring the period beginning on the date of enactment of this paragraph and ending on the date on which the Administrator promulgates regulations carrying out paragraph (1), the Administrator may, notwithstanding any other provision of law— (A) adopt policies and procedures to carry out that paragraph without— (i) undergoing notice and comment rule making under section 553 of title 5, United States Code; or (ii) conducting regulatory analyses otherwise required by statute, regulation, or Executive order; or (B) carry out that paragraph by establishing a pilot program that gradually implements the requirements of that paragraph..", "id": "idC51B02638DAD4AE08E4800A851DBAA41", "header": "Optional monthly installment premium payment plans" }, { "text": "105. Study on business interruption coverage \n(a) In general \nThe Administrator shall conduct a study on the feasibility and soundness of offering coverage for interruption business losses caused by a flood under the National Flood Insurance Program (referred to in this section as business interruption coverage ). (b) Contents \nIn conducting the study under subsection (a), the Administrator shall, at a minimum— (1) evaluate insurance industry best practices for offering business interruption coverage, including the types of coverage provided and the utilization rate; (2) estimate the potential risk premium rates for business interruption coverage based on the flood risk reflected in the flood insurance rate map or other risk metrics in effect at the time of purchase; (3) analyze the operational and administrative expenses associated with providing business interruption coverage and adjusting claims; (4) identify potential obstacles that may prevent the Administrator from offering business interruption coverage; (5) evaluate the benefits of providing business interruption coverage; (6) analyze any potential impacts on the financial position of the National Flood Insurance Program; and (7) develop a feasibility implementation plan and projected timelines for offering business interruption coverage. (c) Availability of experts \nIn conducting the study under subsection (a), the Administrator may accept and utilize the personnel and services of any other Federal agency, and appoint and fix the compensation of temporary personnel without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, or employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Deadline \nThe Administrator shall complete the study required under subsection (a) not later than September 30 of the second full fiscal year after the date of enactment of this Act.", "id": "id18C596CEF35B4EADBCDD0FCED4913C95", "header": "Study on business interruption coverage" }, { "text": "106. Cooperative coverage fairness \n(a) In general \nSection 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 ) is amended by adding at the end the following: (e) Cooperatives \n(1) Definition \nIn this subsection, the term cooperative building has the meaning given the term in section 1312(d). (2) Equal treatment with condominiums \nNotwithstanding any other provision of law, an owner of a share of a cooperative building shall be eligible to purchase flood insurance coverage under the national flood insurance program on the same terms as a condominium owner.. (b) Payment of claims \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ) is amended— (1) in subsection (c)— (A) in the subsection heading, by inserting and cooperative after condominium ; (B) by inserting or owners of a share of a cooperative building after condominium owners ; and (C) by inserting or cooperative association after condominium association each place that term appears; and (2) by adding at the end the following: (d) Definitions \nIn this section, the terms cooperative association and cooperative building have the meanings given the terms by the Administrator..", "id": "id227D557E492543A4BEEA5AAD9676C51C", "header": "Cooperative coverage fairness" }, { "text": "107. Coverage limits \n(a) In general \nSection 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 ), as amended by section 106(a), is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking In addition to any other terms and conditions under subsection (a), such regulations and inserting The Administrator ; (B) in paragraph (2)— (i) by striking shall be made and inserting may be made ; and (ii) by striking $250,000 and inserting the baseline amount ; (C) in paragraph (3)— (i) by striking shall be made and inserting may be made ; and (ii) by striking $100,000 and inserting 50 percent of the baseline amount ; and (D) in paragraph (4)— (i) by striking shall be made each place that term appears and inserting may be made ; and (ii) by striking $500,000 each place that term appears and inserting 200 percent of the baseline amount ; and (2) by adding at the end the following: (f) Definition \nSubject to paragraph (2), in this section, the term baseline amount means an amount determined by the Administrator that is equal to the maximum original principal obligation of a conventional mortgage secured by a single-family residence that may be purchased by the Federal National Mortgage Association, as established under the seventh sentence of section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ), which the Administrator may not— (1) increase more than once every 5 years; (2) increase with respect to any particular property pursuant to the 11th or 12th sentence of such section 302(b)(2); or (3) decrease.. (b) Authority of Administrator To sell policies \nThe Administrator may sell a policy for flood insurance under the National Flood Insurance Program that meets the requirements of paragraphs (2), (3), and (4) of section 1306(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013(b) ), as amended by subsection (a), without regard to— (1) section 61.6 of title 44, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (2) any other provision of law.", "id": "id1E00482B6F4E483EB2121A7C30DA946D", "header": "Coverage limits" }, { "text": "108. Study on participation rates \n(a) Definitions \nIn this section— (1) the term 500-year floodplain has the meaning given the term in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 40 U.S.C. 4004(a) ); (2) the terms Federal agency lender , improved real estate , and regulated lending institution have the meanings given those terms in section 3(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4003(a) ); and (3) the term property with a Federally backed mortgage means improved real estate or a mobile home securing a loan that was— (A) made by a regulated lending institution or Federal agency lender; or (B) purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (b) Study \nThe Comptroller General of the United States shall conduct a study that proposes to address, through programmatic and regulatory changes, how to increase the rate at which properties in the United States are covered by flood insurance. (c) Considerations \nIn conducting the study required under subsection (b), the Comptroller General of the United States shall— (1) consider— (A) expanding participation in the National Flood Insurance Program beyond areas having special flood hazards to areas of moderate or minimum risk with respect to flooding; (B) automatically enrolling consumers in the National Flood Insurance Program and providing those consumers with the opportunity to decline such enrollment; and (C) bundling flood insurance coverage that diversifies risk across all or multiple forms of peril; and (2) determine— (A) the percentage of properties with Federally backed mortgages located in an area having special flood hazards that are covered by flood insurance that satisfies the requirement under section 102(b) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b) ); and (B) the percentage of properties with Federally backed mortgages located in the 500-year floodplain that are covered by flood insurance that would satisfy the requirement described in subparagraph (A) if that requirement applied to such properties. (d) Report \nNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding the results of the study conducted under subsection (b).", "id": "idBEFC7AEF8CC047F5BD935E87B4344C0C", "header": "Study on participation rates" }, { "text": "109. National Flood Insurance Act definitions regarding the Write Your Own program \nSection 1370(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4121(a) ) is amended— (1) in paragraph (14), by striking and at the end; (2) in paragraph (15), by striking the period at the end; and (3) by adding at the end the following: (16) the term Write Your Own Program means the program under which the Federal Emergency Management Agency enters into a standard arrangement with private property insurance companies to— (A) sell contracts for Federal flood insurance under their own business lines of insurance; and (B) adjust and pay claims arising under the contracts described in subparagraph (A); and (17) the term Write Your Own Company means a private property insurance company that participates in the Write Your Own Program..", "id": "idBBA0ED4A12694A8F94C5F189D0164806", "header": "National Flood Insurance Act definitions regarding the Write Your Own program" }, { "text": "201. Mitigation for high-risk properties \n(a) In general \nSection 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) is amended by adding at the end the following: (n) Flood mitigation activities \nThe President shall set aside from the Disaster Relief Fund an amount equal to 10 percent of the average amount appropriated to the Fund during the preceding 10 fiscal years to provide assistance for mitigation activities under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ) for— (1) severe repetitive loss structures; and (2) properties insured under the national flood insurance program with the largest increase in the actuarial risk for the property compared to the actuarial risk for the previous fiscal year as a result of Risk Rating 2.0, as in effect on October 1, 2021.. (b) Applicability \nThe amendment made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) by subsection (a) shall apply to funds appropriated on or after the date of enactment of this Act. (c) Technical and conforming amendment \nEffective on October 5, 2023, section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) is amended by redesignating subsection (n), as added by subsection (a) of this section, as subsection (m).", "id": "id1EBDB7D930A2413FAF0454212FC5DC23", "header": "Mitigation for high-risk properties" }, { "text": "202. Increased cost of compliance coverage \nSection 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) ) is amended— (1) in paragraph (4), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (3) in subparagraph (C), as so redesignated, by striking the period at the end and inserting a semicolon; (4) by redesignating paragraph (4) as subparagraph (F), and adjusting the margins accordingly; (5) by inserting after subparagraph (C), as so redesignated, the following: (D) properties identified by the Administrator as priorities for mitigation activities before the occurrence of damage to or loss of property which is covered by flood insurance; (E) properties outside an area having special flood hazards if the communities in which the properties are located have, under section 1361, established land use and control measures for the areas in which the properties are located; and ; (6) by inserting before The national flood insurance program the following: (1) In general.— ; (7) in the flush text following subparagraph (F)(iv), as so redesignated, by striking The Administrator and inserting the following: (2) Premium \nThe Administrator ; and (8) by adding at the end the following: (3) Amount of coverage \nEach policy for flood insurance coverage made available under this title shall provide coverage under this subsection having an aggregate liability for any single property of $60,000. (4) Eligible mitigation activities \n(A) In general \nEligible mitigation methods the cost of which is covered by coverage provided under this subsection shall include— (i) alternative methods of mitigation identified in the guidelines issued pursuant to section 1361(d); (ii) pre-disaster mitigation projects for eligible structures; and (iii) costs associated with the purchase, clearing, and stabilization of property that is part of an acquisition or relocation project that complies with subparagraph (B). (B) Acquisition and relocation project eligibility and requirements \n(i) In general \nAn acquisition or relocation project shall be eligible to receive assistance pursuant to subparagraph (A)(iii) only if— (I) any property acquired, accepted, or from which a structure will be removed shall be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetland and natural floodplain management practices; and (II) any new structure erected on such property will be— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of the construction of the structure. (ii) Further assistance \nIf an acquisition or relocation project is assisted pursuant to subparagraph (A)(iii)— (I) no person may apply to a Federal entity for disaster assistance with regard to any property acquired, accepted, or from which a structure was removed as part of such acquisition or relocation project; and (II) no Federal entity may provide disaster assistance for such property. (iii) Requirement to maintain flood insurance coverage \n(I) In general \nNotwithstanding any other provision of law, any assisted structure shall, at all times, maintain insurance against flood damage, in accordance with Federal law, for the life of such structure. (II) Transfer of property \n(aa) Duty to notify \nIf any part of a property on which an assisted structure is located is transferred, the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing, including in all documents evidencing the transfer of ownership of the property, that such transferee is required to— (AA) obtain flood insurance in accordance with applicable Federal law with respect to such assisted structure, if such structure is not so insured on the date on which the structure is transferred; and (BB) maintain flood insurance in accordance with applicable Federal law with respect to such structure. (bb) Failure to notify \nIf a transferor fails to make a notification in accordance with item (aa) and such assisted structure is damaged by a flood disaster, the transferor shall pay the Federal Government an amount equal to the amount of any disaster relief provided by the Federal Government with respect to such assisted structure. (III) Assisted structure defined \nFor the purposes of this clause, the term assisted structure means a structure on property that is part of an acquisition or relocation project assisted pursuant to subparagraph (A) that was, as part of such acquisition or relocation project— (aa) altered; (bb) improved; (cc) replaced; (dd) repaired; or (ee) restored. (C) Eligible structure defined \nFor purposes of this paragraph, the term eligible structure means any structure that— (i) was constructed in compliance with the Flood Insurance Rate Map and local building and zoning codes in effect on the date of construction of the structure; and (ii) has not previously been altered, improved, replaced, or repaired using assistance provided under this subsection. (5) Treatment of coverage limits \nAny amount of coverage provided for a property pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section 1306(b) and any claim on such coverage shall not be considered a claim for purposes of section 1307(h) or subsection (a)(3) or (h)(3) of section 1366. (6) Implementation \nNotwithstanding any other provision of law, the Administrator may implement this subsection by adopting 1 or more standard endorsements to the Standard Flood Insurance Policy by publication of such standards in the Federal Register, or by comparable means..", "id": "H7CDF7F6D22E54AF6978B286524B02033", "header": "Increased cost of compliance coverage" }, { "text": "203. Flood mitigation assistance grants \n(a) Flood Mitigation Assistance Grant Program priority \nSection 1366 of the National Flood Insurance Act ( 42 U.S.C. 4104c ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the second sentence of the matter preceding subparagraph (A), as so redesignated, by striking assistance shall be and inserting the following: assistance shall— (1) be ; (C) in paragraph (1)(C), as so redesignated, by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (2) in addition to the requirement under paragraph (1)(C), give priority to properties— (A) that are repetitive loss structures; (B) with respect to which the Administrator makes a determination that the premium rates with respect to a policy for flood insurance coverage under this title— (i) are unaffordable; or (ii) will soon become unaffordable as a result of a risk adjustment under Risk Rating 2.0, as in effect on the date of that determination; and (C) for which aggregate losses exceed the replacement value of the properties. ; and (2) in subsection (h), by adding at the end the following: (4) Unaffordable \nThe term unaffordable means, with respect to the premium rates for a policy for flood insurance coverage under this title, that, in a year, those rates are in such an amount that the housing expenses (as defined in section 1308B(a)) of the household that is the subject of the policy are, for that year, more than 30 percent of the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986).. (b) Additional mitigation assistance \n(1) Appropriations from general fund of Treasury \nFor each of the first 5 full fiscal years after the date of enactment of this Act, there is authorized to be appropriated $1,000,000,000 to the National Flood Mitigation Fund to provide mitigation assistance under this subsection. (2) Rule of construction \nThe authorization of appropriations under subparagraph (A) shall not be construed to authorize the transfer or crediting to the National Flood Mitigation Fund of any amounts from the National Flood Insurance Fund.", "id": "id240EF3FF4D0A445793DA28E6C3E21CA5", "header": "Flood mitigation assistance grants" }, { "text": "204. Urban mitigation opportunities \n(a) Mitigation strategies \nSection 1361(d)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102(d)(1) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking and at the end; and (3) by inserting after subparagraph (B) the following: (C) with respect to buildings in dense urban environments, methods that can be deployed on a block or neighborhood scale; and (D) elevation of mechanical systems; and. (b) Mitigation credit \nSection 1308(k) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(k) ) is amended— (1) by striking shall take into account and inserting shall— (1) take into account ; (2) in paragraph (1), as so designated, by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (2) offer a reduction of the risk premium rate charged to a policyholder in an amount that is not less than 10 percent of that rate if the policyholder implements any mitigation method described in paragraph (1)..", "id": "id0896C71453E0489CAB0C360346F66806", "header": "Urban mitigation opportunities" }, { "text": "205. Community Rating System Regional Coordinator \nSection 1315(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4022(b) ) is amended by adding at the end the following: (5) Regional coordinator \n(A) In general \nThe Administrator shall appoint a regional coordinator in each region served by a Regional Office (as defined in section 501 of the Homeland Security Act of 2002 ( 6 U.S.C. 311 )) to provide technical assistance to small communities to enable those communities to effectively participate in and benefit from the community rating system program. (B) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this paragraph, which shall remain available until expended..", "id": "id13E36E9B2EAF4BAE8986283DAE4276DC", "header": "Community Rating System Regional Coordinator" }, { "text": "206. Mitigation loan program \n(a) Definition \nIn this section, the term mitigation measure means, with respect to a structure, a measure undertaken to reduce the risk of flood damage to the structure. (b) Establishment \nThe Administrator may establish a pilot program through which the Administrator may provide low-interest loans to policyholders under the National Flood Insurance Program for the purposes described in subsection (c). (c) Purposes of loans \nA loan provided to a policyholder under the pilot program established under subsection (b) shall be used to undertake mitigation measures with respect to the insured property that cost less than the cost of the estimated amount of premiums that would be paid with respect to the property during the 50-year period beginning in the year in which the loan is made and if those mitigation measures were not undertaken. (d) Sale of property \nIf a property with respect to which a loan has been made under this section is sold, upon that sale, the outstanding loan balance shall— (1) be repaid using the proceeds of the sale; or (2) carry over to the purchaser of the property if the purchaser so consents before the execution of the sale.", "id": "idE63B0F3FF2A649DB8AF1393EE878E666", "header": "Mitigation loan program" }, { "text": "207. Revolving loan funds \n(a) In general \nChapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ), as amended by section 103, is amended by adding at the end the following: 1327. State or Tribal government revolving loan funds for flood mitigation \n(a) Definitions \nIn this section: (1) Community rating system \nThe term Community Rating System means the community rating system program carried out under section 1315(b). (2) Intended use plan \nThe term intended use plan means a plan prepared under subsection (d)(1). (3) Low-income geographic area \nThe term low-income geographic area means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ). (4) Low-income homeowner \nThe term low-income homeowner means the owner of a primary residence, the household income of which in a taxable year is not more than 80 percent of the median income for the area in which the residence is located. (5) Participating entity \nThe term participating entity means a State or Tribal government that— (A) has entered into an agreement under subsection (b)(1); and (B) agrees to comply with the requirements of this section. (6) Pre-FIRM building \nThe term pre-FIRM building means a building for which construction or substantial improvement occurred before the later of— (A) December 31, 1974; or (B) the effective date of the rate map published by the Administrator under section 1360 for the area in which the building is located. (7) State or Tribal government loan fund \nThe term State or Tribal government loan fund means a flood mitigation assistance revolving loan fund established by a State or Tribal government under this section. (8) Tribal government \nThe term Tribal government means the recognized government of an Indian tribe, or the governing body of an Alaska Native regional or village corporation, that has been determined eligible to receive services from the Bureau of Indian Affairs. (b) General authority \n(1) In general \nThe Administrator may enter into an agreement with a State or Tribal government to provide a capitalization grant for the State or Tribal government to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease— (A) the loss of life and property; (B) the cost of flood insurance; and (C) Federal disaster payments. (2) Timing of deposit and agreements for distribution of funds \n(A) In general \nNot later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating entity under paragraph (1), the participating entity shall— (i) deposit the grant in the State or Tribal government loan fund of the participating entity; and (ii) enter into 1 or more binding agreements that provide for the participating entity to distribute the grant funds for purposes authorized under subsection (c) such that— (I) in the case of the initial grant made to a participating entity under this section, not less than 75 percent of the amount of the grant shall be distributed before the end of the 2-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity; and (II) in the case of any subsequent grant made to a participating entity under this section, not less than 90 percent of the amount of the grant shall be distributed before the end of the 1-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity. (B) Noncompliance \nExcept as provided in subparagraph (C), if a participating entity does not comply with subparagraph (A) with respect to a grant, the Administrator shall reallocate the grant in accordance with paragraph (3)(B). (C) Exception \nThe Administrator may not reallocate any funds under subparagraph (B) to a participating entity that violated subparagraph (A) with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available. (3) Allocation \n(A) In general \nThe Administrator shall allocate amounts made available to carry out this section to participating entities— (i) for the participating entities to deposit in the State or Tribal government loan fund established by the participating entity; and (ii) except as provided in paragraph (6), in accordance with the requirements described in subparagraph (B). (B) Requirements \nThe requirements described in this subparagraph are as follows: (i) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated. (ii) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating entity after following the procedures described in clause (iii). (iii) The procedures described in this clause are as follows: (I) Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating entity during the previous fiscal year by the number of properties insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, for that fiscal year. (II) Add together each quotient obtained under subclause (I). (III) For each participating entity, divide the quotient obtained under subclause (I) with respect to that State or Tribal government jurisdiction, as applicable, by the sum obtained under subclause (II). (IV) For each participating entity, multiply the amount that is 50 percent of the total amount made available under subparagraph (A) by the quotient obtained under subclause (III). (iv) Except as provided in paragraph (5), in a fiscal year— (I) a participating entity may not receive more than 15 percent of the total amount that is made available under subparagraph (A) in that fiscal year; and (II) if a participating entity, based on the requirements under clauses (i) through (iii), would, but for the limitation under subclause (I) of this clause, receive an amount that is greater than the amount that the State or Tribal government jurisdiction, as applicable, is authorized to receive under that subclause, the difference between the authorized amount and the amount otherwise due to the State or Tribal government jurisdiction, as applicable, under clauses (i) through (iii) shall be allocated to other participating entities— (aa) that, in that fiscal year, have not received an amount under subparagraph (A) that is more than the authorized amount under subclause (I) of this clause; and (bb) by using the requirements under clauses (i) through (iii), except that a participating entity may receive an allocation under this subclause only if the allocation does not result in the State or Tribal government jurisdiction, as applicable, receiving a total amount for the fiscal year under subparagraph (A) that is greater than the authorized amount under subclause (I). (4) No revolving fund required \n(A) In general \nNotwithstanding any other provision of this section, and subject to subparagraph (B), a participating entity that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the participating entity has established a State or Tribal government loan fund. (B) Matching \nA participating entity that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 25 percent of the amount that the participating entity receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A). (5) Allocation of remaining funds \nAfter allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating entities, using the procedures described in clauses (i) through (iii) of paragraph (3)(B). (6) Reservation of funds \nThe Administrator shall reserve not more than 1.5 percent of the amount made available to carry out this section in a fiscal year— (A) for administrative costs incurred by the Federal Emergency Management Agency in carrying out this section; (B) to provide technical assistance to recipients of grants under this section; and (C) to enter into grant agreements with insular areas, with the grant funds to be distributed— (i) according to criteria established by the Administrator; and (ii) for a purpose described in subsection (c)(2). (c) Use of funds \n(1) In general \nAmounts deposited in a State or Tribal government loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used— (A) consistent with paragraph (2) and subsection (g), to provide financial assistance for— (i) homeowners, businesses, and nonprofit organizations that are eligible to participate in the national flood insurance program; and (ii) any local government that participates in the national flood insurance program; (B) as a source of revenue and security for leveraged loans, the proceeds of which shall be deposited in the State or Tribal government loan fund; or (C) for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating entity to provide matching funds under subsection (f), if the proceeds from the sale of the bonds are deposited in the State or Tribal government loan fund. (2) Purposes \nA recipient of financial assistance provided through amounts from a State or Tribal government loan fund— (A) shall use the amounts to reduce— (i) flood risk; or (ii) potential claims for losses covered under the national flood insurance program; (B) shall use the amounts in a cost-effective manner under requirements established by the participating entity, which may require an applicant for financial assistance to submit any information that the participating entity considers relevant or necessary before the date on which the applicant receives the assistance; (C) shall use the amounts for projects that— (i) meet design and construction standards established by the Administrator; (ii) are located in communities that— (I) participate in the national flood insurance program; and (II) have developed a community flood risk mitigation plan that has been approved by the Administrator under section 1366; (iii) address— (I) a repetitive loss structure or a severe repetitive loss property; or (II) flood risk in the 500-year floodplain, areas of residual flood risk, or other areas of potential flood risk, as identified by the Administrator; and (iv) address current risk and anticipate future risk, such as sea-level rise, and flood risk resulting from wildfire; (D) may use the amounts— (i) for projects relating to— (I) structural elevation; (II) floodproofing; (III) the relocation or removal of buildings from the 100-year floodplain or other areas of flood risk, including the acquisition of properties for such a purpose; (IV) environmental restoration activities that directly reduce flood risk, including green infrastructure; (V) any eligible activity described in subparagraphs (A) through (G) of section 1366(c)(3); or (VI) other activities determined appropriate by the Administrator; (ii) with respect to a project described in clause (i), only for expenditures directly related to a project described in that clause, including expenditures for planning, design, and associated pre-construction activities; (iii) to acquire, for the purposes of permanent protection, land, buildings, or a conservation easement from a willing seller or grantor, provided that— (I) the use of the land will be committed in perpetuity, with assurances from the recipient, that the land will only be used for open spaces, recreational use, or wetland management practices; and (II) no new structure will be erected on the property acquired other than— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of a construction of the structure; and (iv) the recipient may make no subsequent application for disaster assistance for any purpose and no such assistance will be provided to the applicant from any Federal source; (E) may not use the amounts— (i) to construct buildings or expand existing buildings, unless the activity is for the purpose of flood mitigation; (ii) to improve any structure, unless the recipient has obtained flood insurance coverage, which shall be maintained for the useful life of the structure, in an amount that is not less than the lesser of— (I) the eligible project costs with respect to the structure; and (II) the maximum insurable limit for the structure under the national flood insurance program coverage for the structure; (iii) to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ); (iv) for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or (v) to acquire real property or an interest in real property unless the property is purchased from a willing seller; and (F) to the maximum extent practicable, shall, in using those amounts, give priority to projects that assist low-income homeowners and low-income geographical areas. (d) Intended use plans \n(1) In general \nAfter providing the opportunity for public review and comment, each participating entity shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State or Tribal government loan fund of the participating entity. (2) Consultation during preparation \nEach participating entity, in preparing an intended use plan, shall ensure that the State or Tribal government agency with primary responsibility for floodplain management— (A) provides oversight with respect to the preparation of the intended use plan; and (B) consults with any other appropriate State or Tribal government agency, including agencies responsible for coastal and environmental management. (3) Contents \nA participating entity shall, in each intended use plan— (A) include— (i) an explanation of the mitigation and resiliency benefits the participating entity intends to achieve, including by— (I) reducing future damage and loss associated with flooding; (II) reducing the number of severe repetitive loss properties and repetitive loss structures in the State or Tribal government jurisdiction, as applicable; (III) decreasing the number of flood insurance claims in the State or Tribal government jurisdiction, as applicable; and (IV) increasing the rating under the Community Rating System for communities in the State or Tribal government jurisdiction, as applicable; (ii) information with respect to the availability of, and the application process for receiving, financial assistance from the State or Tribal government loan fund of the participating entity; (iii) the criteria and methods established for the distribution of amounts from the State or Tribal government loan fund of the participating entity; (iv) the amount of financial assistance that the participating entity anticipates providing to— (I) local government projects; and (II) projects for homeowners, business, or nonprofit organizations; (v) the expected terms of the assistance provided under clause (iv); and (vi) a description of the financial status of the State or Tribal government loan fund and the short-term and long-term goals of the State or Tribal government loan fund; and (B) provide, to the maximum extent practicable, that priority for the use of amounts from the State or Tribal government loan fund shall be given to projects that— (i) address severe repetitive loss properties and repetitive loss structures; (ii) assist low-income homeowners and low-income geographic areas; and (iii) address flood risk for pre-FIRM buildings. (4) Publication \nEach participating entity shall publish and periodically update a list of all projects receiving funding from the State or Tribal government loan fund of the participating entity, which shall include identification of— (A) the community in which the project is located; (B) the type and amount of assistance provided for each project; and (C) the expected funding schedule and date of completion of each project. (e) Fund management \nAmounts in a State or Tribal government loan fund shall— (1) remain available for providing financial assistance under this section until distributed; (2) if the amounts are not required for immediate distribution or expenditure, be invested in interest-bearing obligations; and (3) except as provided in subsection (i), include only— (A) amounts received from capitalization grants made under this section; (B) repayments of loans made from the fund; and (C) interest earned on amounts in the fund. (f) Matching funds \n(1) Full grant \nOn or before the date on which a participating entity receives a capitalization grant, the participating shall deposit into the State or Tribal government loan fund of the participating entity, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 20 percent of the total amount of the capitalization grant. (2) Reduced grant \nIf, with respect to a capitalization grant, a participating entity deposits in the State or Tribal government loan fund of the participating entity an amount from non-Federal sources that is less than 20 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall— (A) reduce the amount of the capitalization grant received by the participating entity to the amount that is 5 times the amount so deposited; and (B) in accordance with subsection (b)(5), allocate the difference between the amount that the participating entity would have received if the participating entity had complied with paragraph (1) and the amount of the reduced grant that the participating entity receives under subparagraph (A). (g) Types of assistance \nUnless otherwise prohibited by law of a participating entity, the participating entity may use the amounts deposited into a State or Tribal government loan fund under this section only— (1) to make a loan, on the condition that— (A) the interest rate for the loan is not more than the market interest rate; (B) the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed; (C) the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period— (i) ends on a date that is not later than 30 years after the date on which the project is completed; and (ii) is not longer than the expected design life of the project; (D) the recipient of the loan demonstrates, based on verified and documented information that, as of the date on which the loan is made, the recipient has a reasonable ability to repay the loan, according to the terms of the loan, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(F); and (E) payments of principal and interest with respect to the loan will be deposited into the State or Tribal government loan fund; (2) to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate; (3) to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would— (A) improve credit market access; or (B) reduce the interest rate with respect to the obligation; (4) as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the participating entity if the proceeds of the sale of the bonds will be deposited into the State or Tribal government loan fund; or (5) to earn interest on those amounts. (h) Assistance for low-Income homeowners and low-Income geographic areas \n(1) In general \nNotwithstanding any other provision of this section, if a participating entity uses amounts from a State or Tribal government loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the participating entity may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan. (2) Limitation \nFor each fiscal year, the total amount of additional subsidization provided by a participating entity under paragraph (1) may not exceed 30 percent of the amount of the capitalization grant allocated to the participating entity for that fiscal year. (i) Administration of fund \n(1) In general \nA participating entity may combine the financial administration of a State or Tribal government loan fund with the financial administration of any other revolving fund established by the participating entity if— (A) combining the administration of the funds would— (i) be convenient and avoid administrative costs; and (ii) not violate the law of the participating entity; and (B) the Administrator determines that— (i) amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State or Tribal government loan fund, and interest earned on amounts in a State or Tribal government loan fund will be— (I) accounted for separately from amounts from other revolving funds; and (II) used only for purposes authorized under this section; and (ii) after consulting with the appropriate State or Tribal government agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State or Tribal government agency with primary responsibility for floodplain management. (2) Administrative and technical costs \n(A) In general \nFor each fiscal year, a participating entity may use the amount described in subparagraph (B) to— (i) pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State or Tribal government loan fund; (ii) provide appropriate oversight of projects authorized under this section; and (iii) provide technical assistance and outreach to recipients in the State or Tribal government jurisdiction of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State or Tribal government jurisdiction under this section. (B) Description \nThe amount described in this subparagraph is an amount equal to the sum of— (i) any fees collected by a participating entity to recover the costs described in subparagraph (A)(i), regardless of the source; and (ii) the greatest of— (I) $400,000; (II) 0.2 percent of the value of the State or Tribal government loan fund of a participating entity, as of the date on which the valuation is made; and (III) an amount equal to 7 percent of all grant awards made to a participating entity for the State or Tribal government loan fund of the participating entity under this section for the fiscal year. (3) Audit and report \n(A) Audit requirement \nNot less frequently than biennially, each participating entity shall conduct an audit of the State or Tribal government loan fund of the participating entity. (B) Report \nEach participating entity shall submit to the Administrator a biennial report regarding the activities of the participating entity under this section during the period covered by the report, including— (i) the result of any audit conducted by the participating entity under subparagraph (A); and (ii) a review of the effectiveness of the State or Tribal government loan fund of the participating entity with respect to— (I) the intended use plans of the participating entity; and (II) meeting the objectives described in subsection (b)(1). (4) Oversight \nIn conducting oversight with respect to State or Tribal government loan funds established under this section, the Administrator— (A) shall— (i) periodically audit the funds in accordance with procedures established by the Comptroller General of the United States; and (ii) not less frequently than once every 4 years, review each State or Tribal government loan fund to determine the effectiveness of the fund in reducing flood risk; and (B) may, at any time— (i) make recommendations to a participating entity with respect to the administration of the State or Tribal government loan fund of the participating entity; or (ii) require specific changes with respect to a State or Tribal government loan fund of the participating entity in order to improve the effectiveness of the fund. (j) Liability protections \nThe Federal Emergency Management Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency, in carrying out this section. (k) Regulations \nThe Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that— (1) ensure that each participating entity to which funds are allocated under this section uses the funds as efficiently as possible; (2) reduce, to the maximum extent practicable, waste, fraud, and abuse with respect to the implementation of this section; and (3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from a State or Tribal government loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. (l) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2022 through 2031.. (b) Consideration of mitigation measures funded by State loan funds in flood insurance premium rates \n(1) Estimated rates \nSection 1307(a)(1)(A)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1)(A)(ii) ) is amended by striking and similar measures and inserting similar measures, and any activities funded through amounts from a State or Tribal government loan fund established under section 1327. (2) Chargeable rates \nSection 1308(b)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(b)(1) ) is amended by striking and similar measures and inserting similar measures, and any activities funded through amounts from a State or Tribal government loan fund established under section 1327.", "id": "idF8167BE4B0DB4C8EB7EFC2A204BBC564", "header": "Revolving loan funds" }, { "text": "1327. State or Tribal government revolving loan funds for flood mitigation \n(a) Definitions \nIn this section: (1) Community rating system \nThe term Community Rating System means the community rating system program carried out under section 1315(b). (2) Intended use plan \nThe term intended use plan means a plan prepared under subsection (d)(1). (3) Low-income geographic area \nThe term low-income geographic area means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ). (4) Low-income homeowner \nThe term low-income homeowner means the owner of a primary residence, the household income of which in a taxable year is not more than 80 percent of the median income for the area in which the residence is located. (5) Participating entity \nThe term participating entity means a State or Tribal government that— (A) has entered into an agreement under subsection (b)(1); and (B) agrees to comply with the requirements of this section. (6) Pre-FIRM building \nThe term pre-FIRM building means a building for which construction or substantial improvement occurred before the later of— (A) December 31, 1974; or (B) the effective date of the rate map published by the Administrator under section 1360 for the area in which the building is located. (7) State or Tribal government loan fund \nThe term State or Tribal government loan fund means a flood mitigation assistance revolving loan fund established by a State or Tribal government under this section. (8) Tribal government \nThe term Tribal government means the recognized government of an Indian tribe, or the governing body of an Alaska Native regional or village corporation, that has been determined eligible to receive services from the Bureau of Indian Affairs. (b) General authority \n(1) In general \nThe Administrator may enter into an agreement with a State or Tribal government to provide a capitalization grant for the State or Tribal government to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease— (A) the loss of life and property; (B) the cost of flood insurance; and (C) Federal disaster payments. (2) Timing of deposit and agreements for distribution of funds \n(A) In general \nNot later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating entity under paragraph (1), the participating entity shall— (i) deposit the grant in the State or Tribal government loan fund of the participating entity; and (ii) enter into 1 or more binding agreements that provide for the participating entity to distribute the grant funds for purposes authorized under subsection (c) such that— (I) in the case of the initial grant made to a participating entity under this section, not less than 75 percent of the amount of the grant shall be distributed before the end of the 2-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity; and (II) in the case of any subsequent grant made to a participating entity under this section, not less than 90 percent of the amount of the grant shall be distributed before the end of the 1-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity. (B) Noncompliance \nExcept as provided in subparagraph (C), if a participating entity does not comply with subparagraph (A) with respect to a grant, the Administrator shall reallocate the grant in accordance with paragraph (3)(B). (C) Exception \nThe Administrator may not reallocate any funds under subparagraph (B) to a participating entity that violated subparagraph (A) with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available. (3) Allocation \n(A) In general \nThe Administrator shall allocate amounts made available to carry out this section to participating entities— (i) for the participating entities to deposit in the State or Tribal government loan fund established by the participating entity; and (ii) except as provided in paragraph (6), in accordance with the requirements described in subparagraph (B). (B) Requirements \nThe requirements described in this subparagraph are as follows: (i) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated. (ii) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating entity after following the procedures described in clause (iii). (iii) The procedures described in this clause are as follows: (I) Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating entity during the previous fiscal year by the number of properties insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, for that fiscal year. (II) Add together each quotient obtained under subclause (I). (III) For each participating entity, divide the quotient obtained under subclause (I) with respect to that State or Tribal government jurisdiction, as applicable, by the sum obtained under subclause (II). (IV) For each participating entity, multiply the amount that is 50 percent of the total amount made available under subparagraph (A) by the quotient obtained under subclause (III). (iv) Except as provided in paragraph (5), in a fiscal year— (I) a participating entity may not receive more than 15 percent of the total amount that is made available under subparagraph (A) in that fiscal year; and (II) if a participating entity, based on the requirements under clauses (i) through (iii), would, but for the limitation under subclause (I) of this clause, receive an amount that is greater than the amount that the State or Tribal government jurisdiction, as applicable, is authorized to receive under that subclause, the difference between the authorized amount and the amount otherwise due to the State or Tribal government jurisdiction, as applicable, under clauses (i) through (iii) shall be allocated to other participating entities— (aa) that, in that fiscal year, have not received an amount under subparagraph (A) that is more than the authorized amount under subclause (I) of this clause; and (bb) by using the requirements under clauses (i) through (iii), except that a participating entity may receive an allocation under this subclause only if the allocation does not result in the State or Tribal government jurisdiction, as applicable, receiving a total amount for the fiscal year under subparagraph (A) that is greater than the authorized amount under subclause (I). (4) No revolving fund required \n(A) In general \nNotwithstanding any other provision of this section, and subject to subparagraph (B), a participating entity that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the participating entity has established a State or Tribal government loan fund. (B) Matching \nA participating entity that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 25 percent of the amount that the participating entity receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A). (5) Allocation of remaining funds \nAfter allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating entities, using the procedures described in clauses (i) through (iii) of paragraph (3)(B). (6) Reservation of funds \nThe Administrator shall reserve not more than 1.5 percent of the amount made available to carry out this section in a fiscal year— (A) for administrative costs incurred by the Federal Emergency Management Agency in carrying out this section; (B) to provide technical assistance to recipients of grants under this section; and (C) to enter into grant agreements with insular areas, with the grant funds to be distributed— (i) according to criteria established by the Administrator; and (ii) for a purpose described in subsection (c)(2). (c) Use of funds \n(1) In general \nAmounts deposited in a State or Tribal government loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used— (A) consistent with paragraph (2) and subsection (g), to provide financial assistance for— (i) homeowners, businesses, and nonprofit organizations that are eligible to participate in the national flood insurance program; and (ii) any local government that participates in the national flood insurance program; (B) as a source of revenue and security for leveraged loans, the proceeds of which shall be deposited in the State or Tribal government loan fund; or (C) for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating entity to provide matching funds under subsection (f), if the proceeds from the sale of the bonds are deposited in the State or Tribal government loan fund. (2) Purposes \nA recipient of financial assistance provided through amounts from a State or Tribal government loan fund— (A) shall use the amounts to reduce— (i) flood risk; or (ii) potential claims for losses covered under the national flood insurance program; (B) shall use the amounts in a cost-effective manner under requirements established by the participating entity, which may require an applicant for financial assistance to submit any information that the participating entity considers relevant or necessary before the date on which the applicant receives the assistance; (C) shall use the amounts for projects that— (i) meet design and construction standards established by the Administrator; (ii) are located in communities that— (I) participate in the national flood insurance program; and (II) have developed a community flood risk mitigation plan that has been approved by the Administrator under section 1366; (iii) address— (I) a repetitive loss structure or a severe repetitive loss property; or (II) flood risk in the 500-year floodplain, areas of residual flood risk, or other areas of potential flood risk, as identified by the Administrator; and (iv) address current risk and anticipate future risk, such as sea-level rise, and flood risk resulting from wildfire; (D) may use the amounts— (i) for projects relating to— (I) structural elevation; (II) floodproofing; (III) the relocation or removal of buildings from the 100-year floodplain or other areas of flood risk, including the acquisition of properties for such a purpose; (IV) environmental restoration activities that directly reduce flood risk, including green infrastructure; (V) any eligible activity described in subparagraphs (A) through (G) of section 1366(c)(3); or (VI) other activities determined appropriate by the Administrator; (ii) with respect to a project described in clause (i), only for expenditures directly related to a project described in that clause, including expenditures for planning, design, and associated pre-construction activities; (iii) to acquire, for the purposes of permanent protection, land, buildings, or a conservation easement from a willing seller or grantor, provided that— (I) the use of the land will be committed in perpetuity, with assurances from the recipient, that the land will only be used for open spaces, recreational use, or wetland management practices; and (II) no new structure will be erected on the property acquired other than— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of a construction of the structure; and (iv) the recipient may make no subsequent application for disaster assistance for any purpose and no such assistance will be provided to the applicant from any Federal source; (E) may not use the amounts— (i) to construct buildings or expand existing buildings, unless the activity is for the purpose of flood mitigation; (ii) to improve any structure, unless the recipient has obtained flood insurance coverage, which shall be maintained for the useful life of the structure, in an amount that is not less than the lesser of— (I) the eligible project costs with respect to the structure; and (II) the maximum insurable limit for the structure under the national flood insurance program coverage for the structure; (iii) to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ); (iv) for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or (v) to acquire real property or an interest in real property unless the property is purchased from a willing seller; and (F) to the maximum extent practicable, shall, in using those amounts, give priority to projects that assist low-income homeowners and low-income geographical areas. (d) Intended use plans \n(1) In general \nAfter providing the opportunity for public review and comment, each participating entity shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State or Tribal government loan fund of the participating entity. (2) Consultation during preparation \nEach participating entity, in preparing an intended use plan, shall ensure that the State or Tribal government agency with primary responsibility for floodplain management— (A) provides oversight with respect to the preparation of the intended use plan; and (B) consults with any other appropriate State or Tribal government agency, including agencies responsible for coastal and environmental management. (3) Contents \nA participating entity shall, in each intended use plan— (A) include— (i) an explanation of the mitigation and resiliency benefits the participating entity intends to achieve, including by— (I) reducing future damage and loss associated with flooding; (II) reducing the number of severe repetitive loss properties and repetitive loss structures in the State or Tribal government jurisdiction, as applicable; (III) decreasing the number of flood insurance claims in the State or Tribal government jurisdiction, as applicable; and (IV) increasing the rating under the Community Rating System for communities in the State or Tribal government jurisdiction, as applicable; (ii) information with respect to the availability of, and the application process for receiving, financial assistance from the State or Tribal government loan fund of the participating entity; (iii) the criteria and methods established for the distribution of amounts from the State or Tribal government loan fund of the participating entity; (iv) the amount of financial assistance that the participating entity anticipates providing to— (I) local government projects; and (II) projects for homeowners, business, or nonprofit organizations; (v) the expected terms of the assistance provided under clause (iv); and (vi) a description of the financial status of the State or Tribal government loan fund and the short-term and long-term goals of the State or Tribal government loan fund; and (B) provide, to the maximum extent practicable, that priority for the use of amounts from the State or Tribal government loan fund shall be given to projects that— (i) address severe repetitive loss properties and repetitive loss structures; (ii) assist low-income homeowners and low-income geographic areas; and (iii) address flood risk for pre-FIRM buildings. (4) Publication \nEach participating entity shall publish and periodically update a list of all projects receiving funding from the State or Tribal government loan fund of the participating entity, which shall include identification of— (A) the community in which the project is located; (B) the type and amount of assistance provided for each project; and (C) the expected funding schedule and date of completion of each project. (e) Fund management \nAmounts in a State or Tribal government loan fund shall— (1) remain available for providing financial assistance under this section until distributed; (2) if the amounts are not required for immediate distribution or expenditure, be invested in interest-bearing obligations; and (3) except as provided in subsection (i), include only— (A) amounts received from capitalization grants made under this section; (B) repayments of loans made from the fund; and (C) interest earned on amounts in the fund. (f) Matching funds \n(1) Full grant \nOn or before the date on which a participating entity receives a capitalization grant, the participating shall deposit into the State or Tribal government loan fund of the participating entity, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 20 percent of the total amount of the capitalization grant. (2) Reduced grant \nIf, with respect to a capitalization grant, a participating entity deposits in the State or Tribal government loan fund of the participating entity an amount from non-Federal sources that is less than 20 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall— (A) reduce the amount of the capitalization grant received by the participating entity to the amount that is 5 times the amount so deposited; and (B) in accordance with subsection (b)(5), allocate the difference between the amount that the participating entity would have received if the participating entity had complied with paragraph (1) and the amount of the reduced grant that the participating entity receives under subparagraph (A). (g) Types of assistance \nUnless otherwise prohibited by law of a participating entity, the participating entity may use the amounts deposited into a State or Tribal government loan fund under this section only— (1) to make a loan, on the condition that— (A) the interest rate for the loan is not more than the market interest rate; (B) the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed; (C) the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period— (i) ends on a date that is not later than 30 years after the date on which the project is completed; and (ii) is not longer than the expected design life of the project; (D) the recipient of the loan demonstrates, based on verified and documented information that, as of the date on which the loan is made, the recipient has a reasonable ability to repay the loan, according to the terms of the loan, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(F); and (E) payments of principal and interest with respect to the loan will be deposited into the State or Tribal government loan fund; (2) to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate; (3) to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would— (A) improve credit market access; or (B) reduce the interest rate with respect to the obligation; (4) as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the participating entity if the proceeds of the sale of the bonds will be deposited into the State or Tribal government loan fund; or (5) to earn interest on those amounts. (h) Assistance for low-Income homeowners and low-Income geographic areas \n(1) In general \nNotwithstanding any other provision of this section, if a participating entity uses amounts from a State or Tribal government loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the participating entity may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan. (2) Limitation \nFor each fiscal year, the total amount of additional subsidization provided by a participating entity under paragraph (1) may not exceed 30 percent of the amount of the capitalization grant allocated to the participating entity for that fiscal year. (i) Administration of fund \n(1) In general \nA participating entity may combine the financial administration of a State or Tribal government loan fund with the financial administration of any other revolving fund established by the participating entity if— (A) combining the administration of the funds would— (i) be convenient and avoid administrative costs; and (ii) not violate the law of the participating entity; and (B) the Administrator determines that— (i) amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State or Tribal government loan fund, and interest earned on amounts in a State or Tribal government loan fund will be— (I) accounted for separately from amounts from other revolving funds; and (II) used only for purposes authorized under this section; and (ii) after consulting with the appropriate State or Tribal government agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State or Tribal government agency with primary responsibility for floodplain management. (2) Administrative and technical costs \n(A) In general \nFor each fiscal year, a participating entity may use the amount described in subparagraph (B) to— (i) pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State or Tribal government loan fund; (ii) provide appropriate oversight of projects authorized under this section; and (iii) provide technical assistance and outreach to recipients in the State or Tribal government jurisdiction of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State or Tribal government jurisdiction under this section. (B) Description \nThe amount described in this subparagraph is an amount equal to the sum of— (i) any fees collected by a participating entity to recover the costs described in subparagraph (A)(i), regardless of the source; and (ii) the greatest of— (I) $400,000; (II) 0.2 percent of the value of the State or Tribal government loan fund of a participating entity, as of the date on which the valuation is made; and (III) an amount equal to 7 percent of all grant awards made to a participating entity for the State or Tribal government loan fund of the participating entity under this section for the fiscal year. (3) Audit and report \n(A) Audit requirement \nNot less frequently than biennially, each participating entity shall conduct an audit of the State or Tribal government loan fund of the participating entity. (B) Report \nEach participating entity shall submit to the Administrator a biennial report regarding the activities of the participating entity under this section during the period covered by the report, including— (i) the result of any audit conducted by the participating entity under subparagraph (A); and (ii) a review of the effectiveness of the State or Tribal government loan fund of the participating entity with respect to— (I) the intended use plans of the participating entity; and (II) meeting the objectives described in subsection (b)(1). (4) Oversight \nIn conducting oversight with respect to State or Tribal government loan funds established under this section, the Administrator— (A) shall— (i) periodically audit the funds in accordance with procedures established by the Comptroller General of the United States; and (ii) not less frequently than once every 4 years, review each State or Tribal government loan fund to determine the effectiveness of the fund in reducing flood risk; and (B) may, at any time— (i) make recommendations to a participating entity with respect to the administration of the State or Tribal government loan fund of the participating entity; or (ii) require specific changes with respect to a State or Tribal government loan fund of the participating entity in order to improve the effectiveness of the fund. (j) Liability protections \nThe Federal Emergency Management Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency, in carrying out this section. (k) Regulations \nThe Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that— (1) ensure that each participating entity to which funds are allocated under this section uses the funds as efficiently as possible; (2) reduce, to the maximum extent practicable, waste, fraud, and abuse with respect to the implementation of this section; and (3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from a State or Tribal government loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. (l) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2022 through 2031.", "id": "id6A94598C40FA47499708C7B80B8D51C1", "header": "State or Tribal government revolving loan funds for flood mitigation" }, { "text": "208. Mapping modernization \n(a) Amendments to the Biggert-Waters Flood Insurance Reform Act of 2012 \nThe Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4004 et seq. ) is amended— (1) in section 100215 ( 42 U.S.C. 4101a )— (A) in subsection (b)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) the Director of the United States Geological Survey; ; and (III) in subparagraph (F), as so redesignated— (aa) in the matter preceding clause (i), by striking 16 and inserting 17 ; (bb) in clause (xiii), by striking and at the end; (cc) in clause (xiv), by striking the period at the end and inserting ; and ; and (dd) by adding at the end the following: (xv) an expert in the field of catastrophic risk modeling. ; (ii) in paragraph (2), in the second sentence, by striking paragraph (1)(E) and inserting paragraph (1)(F) ; and (iii) by adding at the end the following: (3) Conflicts of interest \nA member of the Council— (A) may not, while serving on the Council, be employed or retained by— (i) a Federal Emergency Management Agency contractor or consultant; or (ii) a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (B) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. ; and (B) by adding at the end the following: (m) Private or community flood maps \n(1) Standards and procedures \nIn addition to the other duties of the Council under this section, not later than 1 year after the date of enactment of this subsection, the Council shall develop and establish a set of standards, guidelines, and procedures for— (A) State and local governments, federally or State-recognized metropolitan planning organizations (commonly known as MPOs ), federally or State-recognized councils of local governments, and federally or State-recognized rural transportation planning organizations to use in mapping flood risks and developing alternative maps to the flood insurance rate maps developed by the Administrator; and (B) certification, by the Administrator not later than 90 days after the date on which a map developed under subparagraph (A) is submitted to the Administrator, for use under the National Flood Insurance Program in the case of any area covered by a flood insurance rate map developed or approved by the Administrator that has not been updated or reissued during the preceding 3-year period. (2) Treatment \nOn and after the date on which the Administrator certifies a map under paragraph (1)(B), and subject to the requirements of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 ), the map— (A) shall be considered the flood insurance rate map in effect for all purposes of the National Flood Insurance Program with respect to the area covered by the map; and (B) may not be revised, updated, or replaced in accordance with the standards, guidelines, and procedures established under paragraph (1) before the expiration of the 3-year period beginning on that date of certification. (3) Exemption from rulemaking \nUntil the date on which the Administrator promulgates regulations implementing paragraphs (1) and (2), the Administrator may adopt policies and procedures, notwithstanding any other provision of law, necessary to implement those paragraphs without regard to section 553 of title 5, United States Code, and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order. ; and (2) in section 100216 ( 42 U.S.C. 4101b )— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in clause (v), by striking and at the end; (bb) in clause (vi), by adding and at the end; and (cc) by inserting after clause (vi) the following: (vii) all other areas of the United States that are not described in clauses (i) through (vi); ; (II) in subparagraph (B), by striking and at the end; (III) in subparagraph (C), by striking the period at the end and inserting , including the most recently available and best remote sensing technology; ; and (IV) by adding at the end the following: (D) when appropriate, partner with other Federal agencies, States, and private entities in order to meet the objectives of the program; and (E) consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps. ; and (ii) in paragraph (3)— (I) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (II) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (III) in the matter preceding clause (i), as so redesignated, by striking Administrator shall include— and inserting the following: Administrator— (A) shall include— ; (IV) in subparagraph (A)(v), as so redesignated, by striking the period at the end and inserting ; and ; and (V) by adding at the end the following: (B) may include— (i) any relevant information that is obtained under paragraph (1)(E); and (ii) cadastral features, including, for each cadastral feature— (I) the associated parcel identification data for that feature; and (II) to the maximum extent practicable, using public and private sector address data, the address of that feature. ; (B) in subsection (c)(2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (D) not later than 5 years after the date on which the National Geodetic Survey completes the modernization of the National Spatial Reference System in 2022, updated to conform with the geospatial data provided by that system; and (E) spatially accurate in accordance with the common protocols for geographic information systems under applicable law. ; (C) by redesignating subsection (f) as subsection (g); (D) by inserting after subsection (e) the following: (f) Incorporating building-Specific flood risk information \n(1) Establishment \n(A) In general \nNot later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2021 , the Administrator, in coordination with, and as recommended by, the Technical Mapping Advisory Council, shall establish a dynamic, database-derived digital display environment for flood hazard risk production and dissemination. (B) Consultation with States and communities \nIn designing and constructing the environment under subparagraph (A), the Administrator shall— (i) leverage and partner with States and communities that have successfully implemented the same approach; and (ii) consider adopting the techniques and technologies used by States and communities described in clause (i) and applying them nationwide. (2) Digital display \n(A) In general \nIn carrying out paragraph (1), the Administrator shall create a digital display prompted through dynamic querying of a spatial, relational building database that includes— (i) special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ); and (ii) structure-specific flood risk information, including, for each property address— (I) the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations; (II) elevation data applicable to the property; (III) any letter of map changes; (IV) to the maximum extent practicable, the full risk premium rate estimated for the structure under section 1307(a)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1) ) based on elevation data and, where applicable, the level of protection provided by levee systems; (V) the disclosure described in section 1308(l) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(l) ), which shall include— (aa) the extent to which, if any, the chargeable premium rate applicable to the property is less than the full risk premium rate under section 1307(a)(1) of that Act ( 42 U.S.C. 4014(a)(1) ); and (bb) an explanation of the difference described in item (aa) and the methodology used to rate the property; (VI) the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the 10 percent annual chance event to the 0.2 percent annual chance event; (VII) the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method; and (VIII) the claims history of the structure, including the amount and date of each loss. (B) Privacy requirements \nWith respect to the database described in subparagraph (A), including any data used to create that database, the Administrator may not disseminate the database to any person other than the owner or leaseholder of a property identified in the database. (3) Database \n(A) In general \nThe Administrator shall— (i) develop a spatial, relational database of buildings for which flood hazard has been identified through the National Flood Insurance Program; and (ii) obtain the data necessary to support the digital display created under paragraph (2). (B) Data \nThe data obtained under subparagraph (A) shall include, at a minimum— (i) footprints and elevations (including lowest adjacent grade and first floor) from Light Detection and Ranging (commonly known as LiDAR ) data collections or other data collection methods that meet or exceed the standards for buildings, as determined by the Administrator; (ii) elevation data; (iii) parcel, address, and imagery data necessary for the identification, assessment, and reduction of flood hazards for individual properties; (iv) flood insurance rate maps, studies, and supporting data; (v) letters of map change; and (vi) any other data that the Administrator determines necessary to collect to meet the objectives of this section. (4) Data procurement \nThe Administrator shall obtain any data necessary to establish the environment under paragraph (1), including by— (A) directing communities participating in the National Flood Insurance Program, by regulation, to collect and supply information, including elevation data, for each structure that obtains a construction or other development permit within— (i) a special flood hazard area; or (ii) an advisory special flood hazard area adopted by the community; (B) issuing guidelines and standards, as determined by the Administrator; (C) partnering with other Federal, State, local, and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the Administrator under subparagraph (B); and (D) contracting with private companies to obtain new LiDAR data collections or elevation data. (5) NFIP premium credit \nThe Administrator shall provide a 1-time premium credit of not more than $500 to a policyholder for the purchase of an elevation certificate. (6) Mass letters of map change \nIn coordination with States and communities that have successfully implemented a dynamic, database-derived digital display environment for flood hazard risk production and dissemination, the Administrator shall issue guidelines for the adoption and integration into the program established under subsection (a) of LiDAR-based letter of map amendment approaches. (7) Annual report \nThe Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual progress report on the implementation of this subsection, which shall include recommendations to reduce the cost and improve the implementation of this subsection. ; and (E) in subsection (g), as so redesignated— (i) by striking this section $400,000,000 and inserting the following: this section— (1) $500,000,000 ; and (ii) by striking the period at the end and inserting the following: ; and (2) $500,000,000 for each of fiscal years 2022 through 2027.. (b) Appeals \n(1) In general \n(A) Right to appeal \nSection 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) is amended by adding at the end the following: (k) Appeals of existing maps \n(1) Right to appeal \nSubject to paragraph (6), a State or local government, or the owner or lessee of real property, that makes a formal request to the Administrator to update a flood insurance rate map that the Administrator denies may at any time appeal the denial in accordance with this subsection. (2) Basis for appeal \nThe basis for an appeal under this subsection shall be the possession of knowledge or information that— (A) the base flood elevation level or designation of any aspect of a flood insurance rate map is scientifically or technically inaccurate; or (B) factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features. (3) Appeals process \n(A) Administrative adjudication \nThe Administrator shall determine an appeal under this subsection by making a final adjudication on the record, after providing an opportunity for an administrative hearing. (B) Rights upon adverse decision \n(i) Optional arbitration \nIf an appeal determined under subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, that party may request that an appeal of the adverse decision be heard— (I) through independent, non-binding arbitration; or (II) by the Scientific Resolution Panel provided for in section 1363A. (ii) Process \nNotwithstanding any provision of section 1363A(c)(4) regarding the binding nature of the recommendations of the Scientific Resolution Panel, the Administrator shall establish a process for the purposes of clause (i) under which an arbitrator or the Scientific Resolution Panel, as applicable, provides a non-binding recommendation to the Administrator. (4) Relief \n(A) Wholly successful appeals \nIf the Administrator determines in an appeal under this subsection that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area— (i) the policyholder may cancel the policy at any time during the year in which the Administrator makes the determination; and (ii) the Administrator shall provide the policyholder a refund equal to the amount of— (I) any premiums that the policyholder paid during the year described in clause (i); and (II) any premiums that the policyholder paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding the year described in clause (i). (B) Partially successful appeals \nIf the Administrator determines in an appeal under this subsection that mitigating factors have reduced, but not eliminated, the risk of flooding to a property, the Administrator shall— (i) reduce the amount of flood insurance coverage required to be maintained for the property by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) provide the policyholder a refund equal to the difference between— (I) the amount of any premiums that the policyholder paid during the period— (aa) beginning on the later of— (AA) the date on which the mitigating factor was created; or (BB) January 1 of the second year preceding the date on which the determination is made; and (bb) ending on the date on which the reduction in the amount of flood insurance required, as described in clause (i), takes effect; and (II) the amount of premiums that the policyholder would have been required to pay if the reduced amount of flood insurance coverage required, as described in clause (i), had been in effect during the period described in subclause (I) of this clause. (C) Additional relief \nThe Administrator may provide additional refunds in excess of the amounts required under subparagraphs (A) and (B) if the Administrator determines that such additional refunds are warranted. (5) Recovery of costs \n(A) Appeal expenses \nIf a State or local government, or the owner or lessee of real property, incurs any expense in connection with an appeal under this subsection that is based on a scientific or technical error made by the Administrator and that is successful in whole or part regarding the designation of the base flood elevation or any aspect of a flood insurance rate map, including elevation or designation of a special flood hazard area, the Administrator shall reimburse the State, local government, owner, or lessee in accordance with subparagraph (B). (B) Reimbursable expenses \nThe Administrator— (i) may reimburse a party under subparagraph (A) for reasonable expenses described in that subparagraph— (I) including for a service provided by a surveyor, engineer, or scientific expert; and (II) to the extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) may not reimburse a party under subparagraph (A) for— (I) the cost of legal services; or (II) the payment of any fee or expense, the payment of which was agreed to be contingent upon the result of the appeal. (6) Guidance \nThe Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code.. (B) Technical and conforming amendments \nSection 1310(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(a) ) is amended— (i) in paragraph (7), by striking and at the end; (ii) in paragraph (8), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (9) for providing reimbursements of expenses of flood insurance rate map appeals under section 1360(k)(5).. (2) Deadline for issuance of guidance \nNot later than 180 days after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (k)(6) of section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ), as added by paragraph (1)(A). (3) Issuance of regulations for map appeals \nNot later than 180 days after the date of enactment of this Act, the Administrator shall issue the regulations required to be issued under subsection (f) of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 ) and any relevant guidance to implement that subsection.", "id": "id017150E403D344F79F0CF32B5DAE45A5", "header": "Mapping modernization" }, { "text": "209. Levee-protected areas \nSection 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b) ) is amended by adding at the end the following: (4) Areas protected by levee systems \n(A) Applicability \nTo facilitate the implementation of this section, and notwithstanding any other provision of law, this paragraph shall apply to a community in which the Administrator establishes rates for flood insurance under the National Flood Insurance Program in a levee-protected area. (B) Non-accredited levee systems \n(i) Assessment of protection provided by non-accredited levee systems \nWith respect to an area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, for levee accreditation on a National Flood Insurance Program rate map under the Risk Rating 2.0 methodology (or any substantially similar methodology), the Administrator shall, not later than 1 year after the date of enactment of this paragraph— (I) through rules issued under section 553 of title 5, United States Code, establish— (aa) the analysis that the Administrator will perform to determine the level of protection provided by the non-accredited levee system; and (bb) the procedure by which the Administrator will establish rates for flood insurance under the National Flood Insurance Program for that area; and (II) (aa) issue guidance with respect to the matters described in items (aa) and (bb) of subclause (I); or (bb) use the levee analysis and mapping procedure of the Federal Emergency Management Agency, as in effect on the date of enactment of this paragraph, for purposes of updating flood insurance rate maps and establishing rates for flood insurance under the National Flood Insurance Program, working with established Local Levee Partnership Teams or their equivalent for verification of accurate results. (ii) Rate for areas without sufficient data \nWith respect to a structure that is located in an area described in clause (i), and for which the Administrator does not have sufficient data to assess risk, the Administrator may not increase the rates for flood insurance under the National Flood Insurance Program for that structure until the Administrator— (I) carries out clause (i) with respect to that area; and (II) makes available to all parties affected by the increased rate the data on which the Administrator is relying in establishing that increased rate. (C) Mandatory purchase requirement for levee systems \nIn any area in which the pertinent levee system meets the minimum design, operation, and maintenance standards described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, the Administrator may not— (i) designate the levee-protected area a special flood hazard area; or (ii) impose any requirement to purchase flood insurance for a structure located in the area. (D) Appeals process \n(i) In general \nNot later than 1 year after the date of enactment of this paragraph, the Administrator shall develop an appeals process for communities located within a levee-protected area described in this paragraph that disputes the assessment made by the Administrator of the level of protection provided by the levee or the residual risk associated with the levee. (ii) Definition requirements \nWith respect to the appeals process established under clause (i)— (I) subject to subclause (II), the Administrator shall make clear which definition of the terms levee and residual risk shall apply for the purposes of the appeal; and (II) an appellant in an appeal brought under that process may require that the Administrator use the definition of the term levee in section 59.1 of title 44, Code of Federal Regulations, or any successor regulation..", "id": "idf16a4b0c5e8148abafc17d1dcfdb9de3", "header": "Levee-protected areas" }, { "text": "210. Community-wide flood mitigation activities \nIt is the sense of Congress that the Administrator should consider flood mitigation activities that— (1) provide benefits to an entire floodplain or community, or to a portion of such a community; (2) consider all available and practicable approaches; and (3) the Administrator determines— (A) are technically feasible; (B) have the highest net benefits; and (C) are consistent with mitigation plans approved by the Administrator.", "id": "id593b382575054044aad7156affaf29c3", "header": "Community-wide flood mitigation activities" }, { "text": "301. Forbearance on NFIP interest payments \n(a) In general \nDuring the 5-year period beginning on the date of enactment of this Act, the Secretary of the Treasury may not charge the Administrator interest on amounts borrowed by the Administrator under section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) that were outstanding as of the date of enactment of this Act, including amounts borrowed after the date of enactment of this Act that refinance debts that existed before the date of enactment of this Act. (b) Use of saved amounts \nThere shall be deposited into the National Flood Mitigation Fund an amount equal to the interest that would have accrued on the borrowed amounts during the 5-year period described in subsection (a) at the time at which those interest payments would have otherwise been paid, which, notwithstanding any provision of section 1367 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104d ), the Administrator shall use to carry out the program established under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ). (c) No retroactive accrual \nAfter the 5-year period described in subsection (a), the Secretary of the Treasury shall not require the Administrator to repay any interest that, but for that subsection, would have accrued on the borrowed amounts described in that subsection during that 5-year period.", "id": "id5EE96594066247E7A6021167EA326DF2", "header": "Forbearance on NFIP interest payments" }, { "text": "302. Cap on Write Your Own company compensation \n(a) In general \nSection 1311 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4018 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Limitation on compensation; minimum agent commissions \nIn negotiating with appropriate representatives of the insurance industry under subsection (a), the Administrator shall ensure that— (1) any reimbursement paid to a property and casualty insurance company for selling, writing, and servicing flood insurance policies is not more than 22.46 percent of the aggregate amount of premiums charged by the insurance company; and (2) an insurance company pays a portion of the reimbursement described in paragraph (1) to agents of the company as a commission, in an amount that is not less than 15 percent of the aggregate amount of the premiums sold by the agent.. (b) Technical and conforming amendments \nSection 1311 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4018 ), as amended by subsection (a), is amended— (1) in subsection (a), by striking The Administrator and inserting In general.—The Administrator ; and (2) in subsection (c), as so redesignated by subsection (a) of this section, by striking For purposes of subsection (a) and inserting Definitions.—For purposes of this section.", "id": "id6F68BBF4AB794C8DAD00ACEFA0C2DACC", "header": "Cap on Write Your Own company compensation" }, { "text": "303. Third-party service provider costs; transparency \n(a) In general \nSection 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4081 note) is amended— (1) by striking Not later than 12 months after the date of enactment of this Act, the Administrator and inserting the following: (1) In general \nThe Administrator ; and (2) by adding at the end the following: (2) Vendor costs; transparency \nIn issuing the rule under paragraph (1), the Administrator shall— (A) develop a schedule to determine the actual costs of Write Your Own third-party service providers, including claims adjusters and engineering companies; (B) provide that if a Write Your Own company requests reimbursement for the costs of a service or product provided to the company by a vendor, the Administrator only reimburses the company for the actual costs of the service or products; and (C) require that all reimbursements to Write Your Own companies be made public, including a description of the product or service provided to which the reimbursement pertains.. (b) Deadline for revised rule \nNot later than 90 days after the date of enactment of this Act, the Administrator shall issue a revised rule under section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4081 note), as amended by subsection (a).", "id": "idC3E2CF3B426C49D6807755EFAF8EE422", "header": "Third-party service provider costs; transparency" }, { "text": "304. Availability of NFIP claims data \n(a) Study required \n(1) In general \nThe Administrator shall study the feasibility of selling or licensing the use of historical structure-specific National Flood Insurance Program claims data (referred to in this section as covered claims data ) to nongovernmental entities. (2) Contents \nIn conducting the study required under paragraph (1), the Administrator shall, at a minimum— (A) investigate 1 or more methods of providing the most specific covered claims data possible while reasonably protecting policyholder privacy; (B) review existing means, as of the date of enactment of this Act, by which the Federal Government and nongovernmental entities provide leases or licenses to private persons, and the various regulations, terms, conditions, and guidance employed; (C) identify potential uses for covered claims data and any known risks concerning those uses, including the risk that private insurance companies will use the data to issue flood insurance policies with respect to properties that have the lowest level of flood risk, which would require the National Flood Insurance Program to issue those policies with respect to properties with higher levels of flood risk; (D) identify mechanisms for determining the likely market value for access to covered claims data; (E) consider whether selling or licensing the use of covered claims data, as described in paragraph (1), would be in compliance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ); (F) review the costs of researching, developing, and producing previous releases of covered claims data and identify if releasing this data has benefitted the National Flood Insurance Program in a tangible way that benefits policyholders; and (G) recommend actions the Administrator could take, if any, to prevent unintended consequences associated with the sale or licensing for private insurance purposes covered claims data. (b) Report by Administrator \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection (a), which shall include an analysis of any recommendations made by the study.", "id": "ida4d49ea752264fe7a1190311c0f3663d", "header": "Availability of NFIP claims data" }, { "text": "305. Refusal of mitigation assistance \nSection 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), in the first sentence, by inserting and, with respect to financial assistance described in paragraph (2), using amounts made available from the Disaster Relief Fund in accordance with section 203(n) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(n) ) after section 1367 ; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) Refusal of assistance \n(1) Definition \nIn this subsection, the term bona fide offer of assistance means an offer of assistance made by the Administrator to a policyholder under the national flood insurance program that— (A) relates to mitigation activities with respect to the structure insured under that program; (B) covers 100 percent of the cost of the mitigation activities described in subparagraph (A); (C) permits the policyholder to continue to live in the structure to which the policy relates; and (D) is carried out under a mitigation plan. (2) Penalty \nIf, after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2021 , a policyholder under the national flood insurance program refuses a bona fide offer of assistance with respect to the property so insured, the Administrator shall, notwithstanding any other provision of this title, increase the chargeable risk premium rate for flood insurance under this title for the property by 25 percent each year until— (A) the policyholder accepts the bona fide offer of assistance; or (B) that chargeable risk premium rate is actuarially sound..", "id": "id925FD2927E9F48B2817E54870BE6218B", "header": "Refusal of mitigation assistance" }, { "text": "306. Multiple structure mitigation \nSection 1308A(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015a(a) ) is amended— (1) in the first sentence, by striking The Administrator and inserting the following: (1) In general \nExcept as provided in paragraph (2), the Administrator ; and (2) by adding at the end the following: (2) Relief for small businesses and nonprofits \n(A) Definition \nIn this paragraph, the term covered small business or nonprofit organization means a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) or an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code that owns not fewer than 3 structures that are located on a single property. (B) Relief \nThe Administrator may not impose a surcharge under this section for a policy for flood insurance coverage under the National Flood Insurance Program for a covered small business concern or nonprofit organization with respect to more than 2 detached units or buildings located on a single property if the covered small business or nonprofit organization certifies to the Administrator that the savings from the surcharge not being imposed shall be used for flood mitigation on the property on which the units or buildings are located. (C) Rules \nNot later than 1 year after the date of enactment of this paragraph, the Administrator shall issue rules establishing the process for submitting a certification described in subparagraph (B)..", "id": "id6e272b897de64f3a9a99026e174ed9e6", "header": "Multiple structure mitigation" }, { "text": "401. Earth movement fix and engineer standards \n(a) Rebuttable presumption for foundation and structural damage \n(1) In general \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 106(b), is amended by adding at the end the following: (e) Rebuttable presumption for foundation and structural damage \n(1) In general \nFor the purposes of the Administrator determining coverage under the standard flood insurance policy under the national flood insurance program, a rebuttable presumption that physical damage to the foundation of, or structural damage to, a structure was not caused by earth movement shall apply if— (A) flood caused direct physical change to the structure; and (B) there is damage to the foundation of, or structural damage to, the structure that was not present before the flood, as demonstrated by a certification from the policyholder. (2) Rebuttal \nIn determining coverage as a result of the rebuttable presumption under paragraph (1), an insurance company may rebut the presumption only by providing the Administrator with an engineering report that— (A) meets standards issued by the Administrator under paragraph (3); and (B) clearly demonstrates that the physical damage to the foundation of, or structural damage to, a structure described in paragraph (1) was caused directly by earth movement that was not— (i) caused by the horizontal pressure from standing or slow-moving floodwater (commonly known as hydrostatic pressure ); (ii) caused by the force of floodwater that causes the vertical uplift from the underside of a horizontal foundation component, such as a concrete slab, footer, or structural floor assembly (commonly known as buoyancy ); (iii) caused by pressure imposed on an object, such as a wall of a building, by high-velocity floodwater or waves flowing against and around the building (commonly known as hydrodynamic force ); (iv) caused by floodwater moving along the surface of the ground causing soil to suddenly erode or undermine, resulting in failure of a foundation or to one of the structural components of the foundation (commonly known as scouring ); or (v) otherwise caused by flood. (3) Minimum standards for engineering reports \nThe Administrator shall issue minimum standards— (A) regarding the form and content of engineering reports used to assist insurance claims adjusters with respect to carrying out this subsection; and (B) that— (i) include a requirement that any such engineering report shall be signed and have a seal affixed by an engineer who is licensed in the State in which the property to which the claim relates is located; and (ii) are consistent with generally accepted practices in— (I) the field of forensic engineering; and (II) the insurance industry. (4) Documentation of condition of foundation \n(A) In general \nIf the holder of a policy for flood insurance coverage made available under this title documents the condition of the foundation of a structure covered by the policy with a photograph, video recording, or otherwise, and submits the documentation to the Administrator or the Write Your Own Company that sold the policy, as applicable, the Administrator or Write Your Own Company, respectively, shall keep the documentation and use the documentation when adjusting a claim that arises under the policy. (B) Notice to policyholders \nThe Administrator shall notify a policyholder, when the policyholder purchases or renews a flood insurance policy sold under this title, that the policyholder may document the condition of the foundation of a structure covered by the policy in accordance with subparagraph (A). (5) Rule of construction \nNothing in this subsection may be construed to modify the terms and conditions of the standard flood insurance policy.. (2) Application \nThe amendment made by paragraph (1) shall apply with respect to a claim with a date of loss that is on or after the date that is 90 days after the date of enactment of this Act. (b) Regulations \nNot later than 90 days after the date of enactment of this Act, the Administrator shall issue the standards required under subsection (e)(3) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as added by subsection (a)(1).", "id": "id3E41BE6713A34B039687C4C7985A9643", "header": "Earth movement fix and engineer standards" }, { "text": "402. Coverage of pre-FIRM condominium basements and study on street raising \n(a) Basement clarification \n(1) In general \nSection 1305 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4012 ) is amended by adding at the end the following: (e) Availability of insurance for pre-FIRM condominium basements \n(1) Definition \nIn this subsection, the term pre-FIRM condominium building means a condominium building that was not constructed or substantially improved after the later of— (A) December 31, 1974; or (B) the effective date of the initial flood insurance rate map published by the Administrator under section 1360 for the area in which the building is located. (2) Coverage \nThe Administrator shall offer an optional rider to a contract for flood insurance made available under this title that covers the basement of a pre-FIRM condominium building that serves as a separate residential unit within that condominium building.. (2) Amendments to regulations \nNot later than 180 days after the date of enactment of this Act, the Administrator shall make any amendments to the regulations of the Federal Emergency Management Agency that are necessary as a result of the amendment made by paragraph (1). (b) Study on consequences of street-Raising \n(1) Definition \nIn this subsection, the term affected property means a property containing an area— (A) the floor of which was located at or above grade before the community raised the street adjacent to the property; and (B) after the street-raising described in subparagraph (A), that was designated as a basement because of the street-raising. (2) Study; report \nNot later than 1 year after the date of enactment of this Act, the Administrator shall study and submit to Congress a report on the consequences of street-raising on flood insurance coverage for an affected property under the National Flood Insurance Program, including the cost implications for the property owner.", "id": "id59227CC1FD044B85A30308E983DF4E3F", "header": "Coverage of pre-FIRM condominium basements and study on street raising" }, { "text": "403. Guidance on remediation and policyholder duties \n(a) In general \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 401(a)(1), is amended by adding at the end the following: (f) Guidance on mold remediation \n(1) In general \nThe Administrator shall issue guidance relating to the identification of reasonable actions that a policyholder of coverage for flood insurance made available under this title may take to inspect and maintain the property to which that coverage applies— (A) after a flood recedes; and (B) in order to avoid damage to the property that is caused by mold, mildew, moisture, or water. (2) Considerations \nIn developing guidance under paragraph (1), the Administrator shall consider— (A) any applicable laws and regulations; (B) the terms and conditions of the standard flood insurance policy; (C) technical best practices; (D) the costs of remediation in relation to the condition of a property described in that paragraph; and (E) the actions that the Administrator may reasonably expect a policyholder described in that paragraph to take, given the likely challenges faced by the policyholder after a flood. (3) Regular review \nThe Administrator shall— (A) regularly review the guidance issued under paragraph (1); and (B) revise the guidance issued under paragraph (1) as the Administrator determines appropriate. (4) Annual distribution \nThe Administrator shall provide a copy of the guidance issued under paragraph (1) to a policyholder at the time of the purchase or renewal of a flood insurance policy sold under this title.. (b) Initial issuance \nNot later than 1 year after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (f) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as added by subsection (a) of this section. (c) Accessibility, reasonableness, and degree of damage \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by subsection (a), is amended by adding at the end the following: (g) Exclusion of certain damage \nFor purposes of determining whether damage caused by mold, mildew, moisture, or water to a property shall be excluded from coverage under the standard flood insurance policy— (1) subject to paragraph (2), only the degree of damage caused by mold, mildew, moisture, or water that could have been avoided through inspection and maintenance may be excluded from that coverage; and (2) the condition of the property to which the damage relates may not be considered to be attributable to the policyholder with respect to the property, including any failure by the policyholder to inspect and maintain the property after a flood recedes, if— (A) the policyholder was denied access to the property after the flood receded because of— (i) a lawful government order; (ii) a determination by local authorities that the property— (I) is unsafe or unstable; or (II) shall be condemned; or (iii) otherwise unsafe conditions; (B) a reasonable individual exercising reasonable judgment could not be expected to inspect, maintain, or mitigate the damage to the property under the circumstances; or (C) the policyholder faced particular challenges, including— (i) practical or financial difficulty in inspecting or maintaining the property; (ii) the need to address other more immediate priorities, including— (I) the health and well-being of the policyholder and the family of the policyholder; (II) the preservation of basic items; (III) displacement; and (IV) other issues that make inspection and maintenance of the property a near-term challenge for the policyholder; and (iii) the unavailability of contractors or other individuals to perform any required inspection and maintenance..", "id": "id3846f63b4a9a478589b210d0f85679bc", "header": "Guidance on remediation and policyholder duties" }, { "text": "404. Appeal of decisions relating to flood insurance coverage \n(a) Enhanced policyholder appeals process \n(1) In general \nPart C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ) is amended by adding at the end the following: 1349. Appeal of decisions relating to flood insurance coverage \n(a) Definition \nIn this section, the term Office , except as otherwise specified, means the Independent Office for Policyholder Appeals established under subsection (b). (b) Independent Office for Policyholder Appeals \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Independent Office for Policyholder Appeals to provide for a non-adversarial and fair administrative review of appeals submitted under subsection (c)(1). (c) Appeals process \n(1) Right to appeal \nA policyholder of a flood insurance policy issued under the National Flood Insurance Program may appeal the denial of a claim arising under the policy in writing to the Office not later than 1 year after receipt of the denial. (2) Exhaustion of administrative appeals required before filing civil action \nA policyholder of a flood insurance policy issued under the National Flood Insurance Program may not institute an action on a denied claim arising under the policy against the Administrator in a United States district court under section 1333 or 1341, as applicable, unless the policyholder has exhausted the appeals process under this section. (d) Duties and responsibilities \nIn administering appeals submitted under subsection (c)(1), the Office shall— (1) issue final appeal decisions through an appeal process established by the Office; (2) disseminate information to appellants concerning the information that an appellant may include in the appeal submissions; (3) provide an appellant with an opportunity to discuss any issue on appeal with a claims expert in the Office; (4) provide aggregated appeals data to the Office of the Flood Insurance Advocate for use in fulfilling the duties and responsibilities of that office under section 24(b) of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033(b) ); and (5) publish final appeal decisions to a public-facing website— (A) to inform the public; and (B) for awareness to support transparency and training for Write Your Own Companies and contractors of the Federal Emergency Management Agency. (e) Regulations \n(1) In general \nFor purposes of implementing the appeals process under this section, the Administrator may promulgate new regulations or use regulations that were in effect on the date of enactment of this section, except that— (A) the Administrator may not declare any appeal ineligible if the policyholder submits the appeal to the Office not later than 1 year after the date on which the policyholder receives the denial of the applicable claim, as required under subsection (c)(1); (B) upon receiving all information necessary to complete an appeal, the Office shall notify the appellant that the Office will make a final decision not later than 90 days after receipt of that information; and (C) not later than 90 days after receipt of all information necessary to complete an appeal, the Office shall make a final decision on the appeal. (2) Enforcement of final decision deadline \nIf the Office does not comply with the deadline under paragraph (1)(C) with respect to an appeal, and the policyholder that brought the appeal is ultimately successful, the Administrator shall pay to the policyholder interest on the claim that is the subject of the appeal, which shall— (A) begin accruing on the date on which the policyholder submits the appeal; and (B) be calculated using the rate of return on a 3-year Treasury bill, as in effect on the date described in subparagraph (A). (3) All information necessary \nFor purposes of paragraph (1), the term all information necessary includes information obtained from a physical reinspection of the property or from an expert report, if that information is needed in order to complete the review of the appeal. (4) Liability protection \nNo cause of action shall lie or be maintained in any court against the United States, and any such action shall be promptly dismissed, for violation of the notification requirement under paragraph (1)(B).. (2) Effective date for new appeals process \nSubsection (c) of section 1349 of the National Flood Insurance Act of 1968, as added by paragraph (1), shall take effect on the date that is 180 days after the date of enactment of this Act. (b) Repeal and transfer \n(1) In general \nEffective on the date that is 180 days after the date of enactment of this Act, section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note; Public Law 108–264 ) is repealed, and any appeals that were pending before the Administrator under that section on the day before that effective date shall be transferred to the Independent Office for Policyholder Appeals established under section 1349 of the National Flood Insurance Act of 1968 (as added by subsection (a)) for disposition under such section 1349. (2) Technical and conforming amendments \n(A) Table of contents \nThe table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 205. (B) Other amendment \nSection 204(a)(3) of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note; Public Law 108–264 ) is amended by striking section 205 and inserting section 1349 of the National Flood Insurance Act of 1968. (c) Judicial review reform \n(1) Government Program With Industry Assistance \nSection 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ) is amended— (A) by striking In the event the program and inserting the following: (a) In general \nIf the program ; (B) in subsection (a), as so designated— (i) by inserting or the Administrator’s fiscal agent after upon the disallowance by the Administrator ; (ii) by striking within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim and inserting not later than 1 year after exhausting available administrative remedies, may institute an action against the insurer on such claim ; and (C) by adding at the end the following: (b) Exhaustion of administrative remedies \nFor the purposes of subsection (a), a claimant exhausts available administrative remedies if— (1) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (2) the Administrator— (A) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (B) the Administrator makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations \n(1) Issues raised on appeal \nAn action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition \nFor purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages.. (2) Industry program with Federal financial assistance \nSection 1333 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 ) is amended— (A) by striking The insurance companies and other insurers and inserting the following: (a) In general \nThe insurance companies and other insurers ; (B) in subsection (a), as so designated, by striking within one year after the date of mailing of notice of disallowance or partial disallowance of the claim, may institute an action on such claim against such company or other insurer and inserting not later than 1 year after exhausting available administrative remedies, may institute an action on the claim against the company or other insurer ; and (C) by adding at the end the following: (b) Exhaustion of administrative remedies \nFor the purposes of subsection (a), a claimant exhausts available administrative remedies if— (1) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (2) the Administrator— (A) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (B) the Administrator makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations \n(1) Issues raised on appeal \nAn action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition \nFor purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages..", "id": "id449CD47DB0484396ABAAE8876E664F85", "header": "Appeal of decisions relating to flood insurance coverage" }, { "text": "1349. Appeal of decisions relating to flood insurance coverage \n(a) Definition \nIn this section, the term Office , except as otherwise specified, means the Independent Office for Policyholder Appeals established under subsection (b). (b) Independent Office for Policyholder Appeals \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Independent Office for Policyholder Appeals to provide for a non-adversarial and fair administrative review of appeals submitted under subsection (c)(1). (c) Appeals process \n(1) Right to appeal \nA policyholder of a flood insurance policy issued under the National Flood Insurance Program may appeal the denial of a claim arising under the policy in writing to the Office not later than 1 year after receipt of the denial. (2) Exhaustion of administrative appeals required before filing civil action \nA policyholder of a flood insurance policy issued under the National Flood Insurance Program may not institute an action on a denied claim arising under the policy against the Administrator in a United States district court under section 1333 or 1341, as applicable, unless the policyholder has exhausted the appeals process under this section. (d) Duties and responsibilities \nIn administering appeals submitted under subsection (c)(1), the Office shall— (1) issue final appeal decisions through an appeal process established by the Office; (2) disseminate information to appellants concerning the information that an appellant may include in the appeal submissions; (3) provide an appellant with an opportunity to discuss any issue on appeal with a claims expert in the Office; (4) provide aggregated appeals data to the Office of the Flood Insurance Advocate for use in fulfilling the duties and responsibilities of that office under section 24(b) of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033(b) ); and (5) publish final appeal decisions to a public-facing website— (A) to inform the public; and (B) for awareness to support transparency and training for Write Your Own Companies and contractors of the Federal Emergency Management Agency. (e) Regulations \n(1) In general \nFor purposes of implementing the appeals process under this section, the Administrator may promulgate new regulations or use regulations that were in effect on the date of enactment of this section, except that— (A) the Administrator may not declare any appeal ineligible if the policyholder submits the appeal to the Office not later than 1 year after the date on which the policyholder receives the denial of the applicable claim, as required under subsection (c)(1); (B) upon receiving all information necessary to complete an appeal, the Office shall notify the appellant that the Office will make a final decision not later than 90 days after receipt of that information; and (C) not later than 90 days after receipt of all information necessary to complete an appeal, the Office shall make a final decision on the appeal. (2) Enforcement of final decision deadline \nIf the Office does not comply with the deadline under paragraph (1)(C) with respect to an appeal, and the policyholder that brought the appeal is ultimately successful, the Administrator shall pay to the policyholder interest on the claim that is the subject of the appeal, which shall— (A) begin accruing on the date on which the policyholder submits the appeal; and (B) be calculated using the rate of return on a 3-year Treasury bill, as in effect on the date described in subparagraph (A). (3) All information necessary \nFor purposes of paragraph (1), the term all information necessary includes information obtained from a physical reinspection of the property or from an expert report, if that information is needed in order to complete the review of the appeal. (4) Liability protection \nNo cause of action shall lie or be maintained in any court against the United States, and any such action shall be promptly dismissed, for violation of the notification requirement under paragraph (1)(B).", "id": "id1a7f3a6aad28436990a2bb1346105a3e", "header": "Appeal of decisions relating to flood insurance coverage" }, { "text": "405. Accountability for underpayments and overpayments by Write Your Own companies \nSection 1348 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4084 ) is amended by adding at the end the following: (c) Underpayments and overpayments \n(1) Accountability for underpayments \nIf the Administrator determines through any audit that the pool or an insurance company or other private organization described in subsection (a) has not adjusted a claim in accordance with adjusting standards that are in effect as of the date on which the adjustment is performed and, as a result of that failure, has underpaid or overpaid a claim of a policyholder, the penalty imposed by the Administrator with respect to such a failure may not be less for an overpayment of a claim than for an underpayment of a claim. (2) Safe harbor for certain overpayments \nThe Administrator may not impose a penalty on the pool or an insurance company or other private organization described in subsection (a) for overpayment of a claim of a policyholder for reasons described in paragraph (1) of this subsection if— (A) the overpayment was not in bad faith; and (B) the amount of the overpayment was not more than 4 percent of the coverage limit of the policy. (d) GAO report \nNot later than 2 years after the date of enactment of this subsection, and triennially thereafter, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding any penalties imposed by the Administrator under subsection (c)(1)..", "id": "idf82f46558262401db52c82135173bc54", "header": "Accountability for underpayments and overpayments by Write Your Own companies" }, { "text": "406. Policyholders’ right to know \n(a) Use \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 403(c), is amended by adding at the end the following: (h) Use of technical assistance reports \nWhen adjusting claims for any damage to or loss of property that is covered by flood insurance made available under this title, the Administrator may rely upon technical assistance reports, as defined in section 1312A(a), only if the reports are final and are prepared in compliance with applicable State and Federal laws regarding professional licensure and conduct.. (b) Disclosure \nChapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by inserting after section 1312 ( 42 U.S.C. 4019 ) the following: 1312A. Disclosure of claims documents and technical assistance reports \n(a) Definitions \nIn this section— (1) the term policyholder means any person listed as a named or additional insured on the declarations page of a policy for flood insurance coverage made available under this title; and (2) the term technical assistance report means a report created for the purpose of furnishing technical assistance to an insurance claims adjuster assigned under the national flood insurance program, including any report created by an engineer, a surveyor, a salvor, an architect, or a certified public accountant. (b) Provision of copies \n(1) In general \nNotwithstanding section 552a of title 5, United States Code, not later than 1 week after the date on which the Administrator receives a written request, or a request submitted online, from a policyholder, and with respect to a claim for loss submitted by the policyholder for any damage to or loss of property that is covered by the policy, the Administrator shall provide a true, complete, and unredacted copy of— (A) all documents that constitute the claim file of the insurance company with respect to the claim, in accordance with the memorandum issued by the Administrator on June 1, 2018, entitled Guidance for the Release of Claim File Information to Policyholders (WYO Bulletin W–18012) (or any successor document); (B) any document created by any adjuster in scoping the loss, including measurements, photographs, and notes; (C) any estimates of damages with respect to the claim; (D) any draft and final technical assistance report relating to adjusting and paying or denying the claim; (E) any proof of loss, supplemental proofs of loss, or any equivalent notices, together with supporting documentation, with respect to the claim; and (F) any document relating to the denial or partial denial of the claim. (2) Rule of construction \nNothing in paragraph (1) may be construed to limit the right of a policyholder to receive a disclosure under section 552a of title 5, United States Code, or any other provision of law. (c) Direct disclosure by Write Your Own companies and direct servicing agents \n(1) In general \nA Write Your Own Company or direct servicing agent in possession of any technical assistance report that is subject to disclosure under subsection (b) may disclose such technical assistance report without further review or approval by the Administrator. (2) Affirmative notification \nA Write Your Own Company, or any other entity servicing a claim under the national flood insurance program, shall, not later than 30 days after the date on which the company or entity receives notice of a claim, notify the claimant that the claimant or an authorized representative of the claimant may obtain, upon request, a copy of any claim-related document described in subsection (b)(1) that pertains to the claimant.. (c) Transmission of report without approval \n(1) Definition \nIn this subsection, the term final engineering report means an engineering report, survey, or other document in connection with a claim for losses covered by a policy for flood insurance coverage made available under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) that— (A) is based on an on-site inspection; (B) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (C) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Transmission \nA Write Your Own Company or a National Flood Insurance Program direct servicer may, without obtaining further review or approval by the Administrator, transmit to a policyholder a final engineering report in the possession of the Write Your Own Company or the direct servicer in connection with a claim submitted by the policyholder.", "id": "id4c1248133da7478cba9d87be6d7470f6", "header": "Policyholders’ right to know" }, { "text": "1312A. Disclosure of claims documents and technical assistance reports \n(a) Definitions \nIn this section— (1) the term policyholder means any person listed as a named or additional insured on the declarations page of a policy for flood insurance coverage made available under this title; and (2) the term technical assistance report means a report created for the purpose of furnishing technical assistance to an insurance claims adjuster assigned under the national flood insurance program, including any report created by an engineer, a surveyor, a salvor, an architect, or a certified public accountant. (b) Provision of copies \n(1) In general \nNotwithstanding section 552a of title 5, United States Code, not later than 1 week after the date on which the Administrator receives a written request, or a request submitted online, from a policyholder, and with respect to a claim for loss submitted by the policyholder for any damage to or loss of property that is covered by the policy, the Administrator shall provide a true, complete, and unredacted copy of— (A) all documents that constitute the claim file of the insurance company with respect to the claim, in accordance with the memorandum issued by the Administrator on June 1, 2018, entitled Guidance for the Release of Claim File Information to Policyholders (WYO Bulletin W–18012) (or any successor document); (B) any document created by any adjuster in scoping the loss, including measurements, photographs, and notes; (C) any estimates of damages with respect to the claim; (D) any draft and final technical assistance report relating to adjusting and paying or denying the claim; (E) any proof of loss, supplemental proofs of loss, or any equivalent notices, together with supporting documentation, with respect to the claim; and (F) any document relating to the denial or partial denial of the claim. (2) Rule of construction \nNothing in paragraph (1) may be construed to limit the right of a policyholder to receive a disclosure under section 552a of title 5, United States Code, or any other provision of law. (c) Direct disclosure by Write Your Own companies and direct servicing agents \n(1) In general \nA Write Your Own Company or direct servicing agent in possession of any technical assistance report that is subject to disclosure under subsection (b) may disclose such technical assistance report without further review or approval by the Administrator. (2) Affirmative notification \nA Write Your Own Company, or any other entity servicing a claim under the national flood insurance program, shall, not later than 30 days after the date on which the company or entity receives notice of a claim, notify the claimant that the claimant or an authorized representative of the claimant may obtain, upon request, a copy of any claim-related document described in subsection (b)(1) that pertains to the claimant.", "id": "idb82530c939a640f6aa30c394031a7e2f", "header": "Disclosure of claims documents and technical assistance reports" }, { "text": "407. Exclusion of service providers from participation in the National Flood Insurance Program \nPart C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ), as amended by section 404, is amended by adding at the end the following: 1350. Exclusion of certain service providers from participation in the National Flood Insurance Program \n(a) Definitions \nIn this section: (1) Excluded service provider \nThe term excluded service provider means a service provider that is excluded by the Administrator under this section from participation in the National Flood Insurance Program. (2) Service provider \nThe term service provider means any attorney, accountant, appraiser, adjuster, engineer, or other individual or entity that directly or indirectly provides, has provided, or is likely to provide services to the National Flood Insurance Program. (3) Should know \nThe term should know — (A) means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information; and (B) does not require specific intent to defraud. (b) Effect of exclusion \n(1) Prohibition on making payments to excluded service providers \nThe Administrator may not make any payment or reimbursement for any service furnished under this title by a service provider excluded under this section during the period of exclusion. (2) Prohibition on entering into new contracts or agreements \nThe Administrator may not enter into or extend any contract or agreement under this title with a service provider excluded under this section during the period of exclusion. (3) Exception \nThe Administrator may waive the applicability of paragraph (1) or (2) to a particular transaction upon making a written determination that the waiver is essential for the operation of the National Flood Insurance Program. (c) Causes for exclusion \nThe Administrator may exclude from participation in the National Flood Insurance Program a service provider— (1) that is criminally convicted or found civilly liable (as applicable) for— (A) any act in connection with obtaining, attempting to obtain, or performing a contract or subcontract for the National Flood Insurance Program; (B) fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal tax laws, or receiving stolen property; (C) an act relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the business of insurance; (D) any other act indicating a lack of business integrity or business honesty that seriously and directly affects the responsibility of a service provider to provide services to the National Flood Insurance Program; or (E) attempting, soliciting, or conspiring to commit an act described in subparagraphs (A) through (D); (2) that is, at the time of the exclusion under this subsection, debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994 ( 31 U.S.C. 6101 note; Public Law 103–355 )); (3) whose license to provide professional services has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; (4) that surrendered a license described in paragraph (3) while a formal disciplinary proceeding was pending before a State licensing authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity; (5) that has provided professional services to the National Flood Insurance Program— (A) at a price or rate substantially higher than the provider's customary charge for such services; (B) in a manner that substantially exceeds the needs of the National Flood Insurance Program; or (C) that are of a quality that fails to meet professionally recognized standards for those services; (6) that has violated the terms of a contract or agreement related to the National Flood Insurance Program to an extent so serious as to justify exclusion under this subsection, such as— (A) willful failure to perform in accordance with the terms of a contract or agreement related to the National Flood Insurance Program; or (B) a history of failure to perform, or of unsatisfactory performance of, a contract or agreement related to the National Flood Insurance Program; (7) that has engaged in conduct detrimental to the National Flood Insurance Program so serious or compelling in nature that it affects the responsibility of the service provider to provide services to the National Flood Insurance Program; or (8) that, in the case of an attorney, has committed an act subject to disbarment under paragraph (1), regardless of criminal or civil findings of liability. (d) Exclusion of affiliates \nThe Administrator may exclude from participation in the National Flood Insurance Program a service provider that— (1) is an entity directly or indirectly owned, or with a control interest of 5 percent or more held, by an individual or entity excluded from participation under this section; or (2) (A) directly or indirectly owns, has a control interest in, or is an officer or managing employee of an entity excluded under this section; and (B) knows or should know of the action constituting the basis for the entity's exclusion. (e) Notice and decision-Making \n(1) Notice of proposal to exclude \nBefore excluding a service provider under this section, the Administrator shall issue a notice of proposed exclusion to the service provider, by certified mail, return receipt requested, that states— (A) that the exclusion is being considered; (B) the reasons for the proposed exclusion in terms sufficient to put the service provider on notice of the conduct or transaction upon which it is based; (C) the cause relied upon under subsection (c) for proposing exclusion; (D) that, not later than 30 days after receipt of the notice, the service provider may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed exclusion, including any additional specific information that raises a genuine dispute over the material facts; (E) the Administrator’s procedures governing exclusion decision-making; (F) the effect of the issuance of the notice of proposed exclusion; and (G) the potential effect of an actual exclusion. (2) Administrator’s decision to exclude \n(A) Exclusion based on conviction or judgment or without dispute over material facts \n(i) In general \nIn the case of a proposed exclusion under this section based on a criminal conviction or civil judgment, or in which there is no genuine dispute over material facts, the Administrator shall make an exclusion decision on the basis of all the information in the administrative record, including any submission made by the service provider. (ii) Timing \nThe Administrator shall make a decision under clause (i) not later than— (I) 30 days after receipt of any information and argument submitted by the service provider in opposition to the proposed exclusion, unless the Administrator extends that period for good cause; or (II) if the service provider does not submit any information or argument in opposition to the proposed exclusion, 60 days after the date on which the Administrator issues the notice of proposed exclusion under paragraph (1), unless the Administrator extends that period for good cause. (B) Exclusion proceedings involving dispute of material fact \n(i) Written findings of fact \nIn the case of a proposed exclusion under this section in which additional proceedings are necessary to resolve disputed material facts, the Administrator shall prepare written findings of fact. (ii) Basis for factual findings \nThe Administrator shall base a determination under clause (i) on the facts as found, together with any information and argument submitted by the service provider and any other information in the administrative record. (iii) Referral to administrative law judge \nThe Administrator— (I) may refer a matter involving disputed material facts to an administrative law judge for findings of fact; and (II) may reject any findings of fact made under subclause (I), in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. (iv) Conclusion of proceedings \nThe Administrator shall make a decision regarding a proposed exclusion under this subparagraph after the conclusion of the proceedings with respect to disputed facts. (C) Burden of proof \nIn the case of any proposed exclusion under this section that is not based on a criminal conviction or civil judgment, the cause for exclusion shall be established by a preponderance of the evidence. (3) Notice of exclusion decision \n(A) Notice of exclusion \nIf the Administrator decides to exclude a service provider from participation in the National Flood Insurance Program under this section, the Administrator shall provide the service provider prompt notice by certified mail, return receipt requested— (i) referring to the notice of proposed exclusion; (ii) specifying the reasons for exclusion; and (iii) stating the period of exclusion, including effective dates. (B) Notice of no exclusion \nIf the Administrator decides not to exclude a service provider from participation in the National Flood Insurance Program under this section, the Administrator shall promptly notify the service provider, by certified mail, return receipt requested. (f) Considerations when making exclusion determination \nA determination relating to the appropriateness of excluding a service provider under this section or the length of such an exclusion is committed to the Administrator’s sole discretion, but in making such a determination, the Administrator shall consider— (1) the nature of any services involved and the circumstances under which they were provided; (2) the degree of culpability and history of prior offenses or improper conduct of the service provider involved; and (3) such other matters as justice may require. (g) Notification to licensing agencies of exclusion \nThe Administrator shall— (1) promptly notify the appropriate agency or authority having responsibility for the licensing or certification of a service provider excluded under this section of the fact of the exclusion, as well as the reasons for the exclusion; (2) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and (3) request that the agency or authority keep the Administrator fully and currently informed with respect to any actions taken in response to the request. (h) Construction \n(1) Determination of conviction \n(A) In general \nFor the purposes of this section, an individual or entity shall be considered to have been convicted of a criminal offense if— (i) a judgment of conviction for the offense has been entered against the individual or entity by a Federal, State, or local court; (ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to the offense; (iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court with respect to the offense; or (iv) the case of an individual, the individual has entered a first offender or other program pursuant to which a judgment of conviction for the offense has been withheld. (B) Effect of appeal or request for relief \nA determination of conviction under subparagraph (A) shall be made without regard to the pendency or outcome of any appeal (other than a judgment of acquittal based on innocence) or request for relief on behalf of the individual or entity. (2) Application of other proceedings \nThis section shall not be construed to limit or supersede any other Federal or State criminal or civil action or Federal suspension or debarment proceeding..", "id": "idc1322a5f33d645d3ad22bbadb2855f85", "header": "Exclusion of service providers from participation in the National Flood Insurance Program" }, { "text": "1350. Exclusion of certain service providers from participation in the National Flood Insurance Program \n(a) Definitions \nIn this section: (1) Excluded service provider \nThe term excluded service provider means a service provider that is excluded by the Administrator under this section from participation in the National Flood Insurance Program. (2) Service provider \nThe term service provider means any attorney, accountant, appraiser, adjuster, engineer, or other individual or entity that directly or indirectly provides, has provided, or is likely to provide services to the National Flood Insurance Program. (3) Should know \nThe term should know — (A) means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information; and (B) does not require specific intent to defraud. (b) Effect of exclusion \n(1) Prohibition on making payments to excluded service providers \nThe Administrator may not make any payment or reimbursement for any service furnished under this title by a service provider excluded under this section during the period of exclusion. (2) Prohibition on entering into new contracts or agreements \nThe Administrator may not enter into or extend any contract or agreement under this title with a service provider excluded under this section during the period of exclusion. (3) Exception \nThe Administrator may waive the applicability of paragraph (1) or (2) to a particular transaction upon making a written determination that the waiver is essential for the operation of the National Flood Insurance Program. (c) Causes for exclusion \nThe Administrator may exclude from participation in the National Flood Insurance Program a service provider— (1) that is criminally convicted or found civilly liable (as applicable) for— (A) any act in connection with obtaining, attempting to obtain, or performing a contract or subcontract for the National Flood Insurance Program; (B) fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal tax laws, or receiving stolen property; (C) an act relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the business of insurance; (D) any other act indicating a lack of business integrity or business honesty that seriously and directly affects the responsibility of a service provider to provide services to the National Flood Insurance Program; or (E) attempting, soliciting, or conspiring to commit an act described in subparagraphs (A) through (D); (2) that is, at the time of the exclusion under this subsection, debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994 ( 31 U.S.C. 6101 note; Public Law 103–355 )); (3) whose license to provide professional services has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; (4) that surrendered a license described in paragraph (3) while a formal disciplinary proceeding was pending before a State licensing authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity; (5) that has provided professional services to the National Flood Insurance Program— (A) at a price or rate substantially higher than the provider's customary charge for such services; (B) in a manner that substantially exceeds the needs of the National Flood Insurance Program; or (C) that are of a quality that fails to meet professionally recognized standards for those services; (6) that has violated the terms of a contract or agreement related to the National Flood Insurance Program to an extent so serious as to justify exclusion under this subsection, such as— (A) willful failure to perform in accordance with the terms of a contract or agreement related to the National Flood Insurance Program; or (B) a history of failure to perform, or of unsatisfactory performance of, a contract or agreement related to the National Flood Insurance Program; (7) that has engaged in conduct detrimental to the National Flood Insurance Program so serious or compelling in nature that it affects the responsibility of the service provider to provide services to the National Flood Insurance Program; or (8) that, in the case of an attorney, has committed an act subject to disbarment under paragraph (1), regardless of criminal or civil findings of liability. (d) Exclusion of affiliates \nThe Administrator may exclude from participation in the National Flood Insurance Program a service provider that— (1) is an entity directly or indirectly owned, or with a control interest of 5 percent or more held, by an individual or entity excluded from participation under this section; or (2) (A) directly or indirectly owns, has a control interest in, or is an officer or managing employee of an entity excluded under this section; and (B) knows or should know of the action constituting the basis for the entity's exclusion. (e) Notice and decision-Making \n(1) Notice of proposal to exclude \nBefore excluding a service provider under this section, the Administrator shall issue a notice of proposed exclusion to the service provider, by certified mail, return receipt requested, that states— (A) that the exclusion is being considered; (B) the reasons for the proposed exclusion in terms sufficient to put the service provider on notice of the conduct or transaction upon which it is based; (C) the cause relied upon under subsection (c) for proposing exclusion; (D) that, not later than 30 days after receipt of the notice, the service provider may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed exclusion, including any additional specific information that raises a genuine dispute over the material facts; (E) the Administrator’s procedures governing exclusion decision-making; (F) the effect of the issuance of the notice of proposed exclusion; and (G) the potential effect of an actual exclusion. (2) Administrator’s decision to exclude \n(A) Exclusion based on conviction or judgment or without dispute over material facts \n(i) In general \nIn the case of a proposed exclusion under this section based on a criminal conviction or civil judgment, or in which there is no genuine dispute over material facts, the Administrator shall make an exclusion decision on the basis of all the information in the administrative record, including any submission made by the service provider. (ii) Timing \nThe Administrator shall make a decision under clause (i) not later than— (I) 30 days after receipt of any information and argument submitted by the service provider in opposition to the proposed exclusion, unless the Administrator extends that period for good cause; or (II) if the service provider does not submit any information or argument in opposition to the proposed exclusion, 60 days after the date on which the Administrator issues the notice of proposed exclusion under paragraph (1), unless the Administrator extends that period for good cause. (B) Exclusion proceedings involving dispute of material fact \n(i) Written findings of fact \nIn the case of a proposed exclusion under this section in which additional proceedings are necessary to resolve disputed material facts, the Administrator shall prepare written findings of fact. (ii) Basis for factual findings \nThe Administrator shall base a determination under clause (i) on the facts as found, together with any information and argument submitted by the service provider and any other information in the administrative record. (iii) Referral to administrative law judge \nThe Administrator— (I) may refer a matter involving disputed material facts to an administrative law judge for findings of fact; and (II) may reject any findings of fact made under subclause (I), in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. (iv) Conclusion of proceedings \nThe Administrator shall make a decision regarding a proposed exclusion under this subparagraph after the conclusion of the proceedings with respect to disputed facts. (C) Burden of proof \nIn the case of any proposed exclusion under this section that is not based on a criminal conviction or civil judgment, the cause for exclusion shall be established by a preponderance of the evidence. (3) Notice of exclusion decision \n(A) Notice of exclusion \nIf the Administrator decides to exclude a service provider from participation in the National Flood Insurance Program under this section, the Administrator shall provide the service provider prompt notice by certified mail, return receipt requested— (i) referring to the notice of proposed exclusion; (ii) specifying the reasons for exclusion; and (iii) stating the period of exclusion, including effective dates. (B) Notice of no exclusion \nIf the Administrator decides not to exclude a service provider from participation in the National Flood Insurance Program under this section, the Administrator shall promptly notify the service provider, by certified mail, return receipt requested. (f) Considerations when making exclusion determination \nA determination relating to the appropriateness of excluding a service provider under this section or the length of such an exclusion is committed to the Administrator’s sole discretion, but in making such a determination, the Administrator shall consider— (1) the nature of any services involved and the circumstances under which they were provided; (2) the degree of culpability and history of prior offenses or improper conduct of the service provider involved; and (3) such other matters as justice may require. (g) Notification to licensing agencies of exclusion \nThe Administrator shall— (1) promptly notify the appropriate agency or authority having responsibility for the licensing or certification of a service provider excluded under this section of the fact of the exclusion, as well as the reasons for the exclusion; (2) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and (3) request that the agency or authority keep the Administrator fully and currently informed with respect to any actions taken in response to the request. (h) Construction \n(1) Determination of conviction \n(A) In general \nFor the purposes of this section, an individual or entity shall be considered to have been convicted of a criminal offense if— (i) a judgment of conviction for the offense has been entered against the individual or entity by a Federal, State, or local court; (ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to the offense; (iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court with respect to the offense; or (iv) the case of an individual, the individual has entered a first offender or other program pursuant to which a judgment of conviction for the offense has been withheld. (B) Effect of appeal or request for relief \nA determination of conviction under subparagraph (A) shall be made without regard to the pendency or outcome of any appeal (other than a judgment of acquittal based on innocence) or request for relief on behalf of the individual or entity. (2) Application of other proceedings \nThis section shall not be construed to limit or supersede any other Federal or State criminal or civil action or Federal suspension or debarment proceeding.", "id": "id762695E9973B407BB013F6E14A57C427", "header": "Exclusion of certain service providers from participation in the National Flood Insurance Program" }, { "text": "408. Deadline for claim processing \n(a) In general \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 406(a), is amended by adding at the end the following: (i) Deadline for approval of claims \n(1) In general \nThe Administrator shall provide that, in the case of a claim for damage to or loss of property that is covered by a policy for flood insurance made available under this title— (A) except as provided in paragraph (2), not later than 60 days after the date on which a proof of loss or comparable submission is provided to the Administrator— (i) an initial determination regarding approval of the claim for payment or disapproval of the claim shall be made; and (ii) notification of the determination described in clause (i) shall be provided to the policyholder making the claim; and (B) payment of an approved claim shall be made as soon as possible after that approval. (2) Extension of deadline \nThe Administrator shall— (A) provide that the period described in paragraph (1)(A) may be extended by an additional period of 30 days under extraordinary circumstances; and (B) by regulation— (i) establish criteria for— (I) demonstrating the extraordinary circumstances described in subparagraph (A); and (II) determining to which claims the extraordinary circumstances described in subparagraph (A) apply; and (ii) provide that, if the deadline imposed under paragraph (1)(A), as extended under subparagraph (A), if applicable, is not satisfied the amount of the claim to which the deadline relates shall be increased with interest, which shall begin accruing on the date on which the initial claim is filed. (3) Deadline tolled during certain communication with policyholder \nThe deadline under paragraph (1) shall be tolled during any period during which the Administrator or a Write Your Own Company is trying to obtain more information from a policyholder regarding a claim made by the policyholder, or is otherwise working with a policyholder to develop such a claim.. (b) Applicability \nThe amendment made by subsection (a) shall apply to any claim for damage to or loss of property that is covered by a policy for flood insurance made available under the National Flood Insurance Program that is made after the date of enactment of this Act.", "id": "id8bb114120e3748618060513a03151aed", "header": "Deadline for claim processing" }, { "text": "409. No manipulation of engineer reports \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 408(a), is amended by adding at the end the following: (j) Final engineering reports \n(1) Definitions \nIn this subsection— (A) the term covered claim means any claim for losses covered by a policy for flood insurance coverage made available under this title; and (B) the term final engineering report means an engineering report, survey, or other document in connection with a covered claim that— (i) is based on an on-site inspection; (ii) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (iii) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Prohibition on manipulation and transmission to third parties \nThe Administrator shall require that, in the case of any on-site inspection of a property by an engineer for the purpose of assessing any covered claim, the final engineering report— (A) may not— (i) include alterations by, or at the request of, anyone other than the person responsible for the report; or (ii) be transmitted to any other person before the final engineering report is transmitted to the policyholder who submitted the covered claim; and (B) shall include a certification, signed by the person responsible for the final engineering report, that the final engineering report does not contain any alterations described in subparagraph (A)..", "id": "id3a0c62330e114ade8d6ad7ea0788f0b2", "header": "No manipulation of engineer reports" }, { "text": "410. Improved training of floodplain managers, agents, and adjusters \n(a) Local floodplain managers \nEach regional office of the Federal Emergency Management Agency shall— (1) provide training to local floodplain managers, agents, and claim adjusters in the region regarding the responsibilities and procedures of local floodplain managers with respect to conducting substantial damage and substantial improvement determinations; (2) work with applicable State agencies to provide the training described in paragraph (1); and (3) verify that the individuals described in paragraph (1) are completing the training described in that paragraph. (b) Major disaster training \nAfter a flood that is declared a major disaster by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the Administrator shall, if determined appropriate, provide— (1) refresher training to prepare insurance claims adjusters for the unique circumstances of the major disaster; and (2) any briefings that are necessary to prepare and inform floodplain managers, agents, and claim adjusters regarding any atypical circumstances and issues arising from the natural disaster.", "id": "id252f76bc9e4a4180b72b27c26652c3b6", "header": "Improved training of floodplain managers, agents, and adjusters" }, { "text": "411. Flood insurance continuing education and training \n(a) In general \nThe Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended— (1) in section 201 ( 42 U.S.C. 4011 note)— (A) in paragraph (1), by striking Director of the and inserting Administrator of the ; and (B) in paragraph (2), by inserting 4001 after U.S.C. ; and (2) by striking section 207 ( 42 U.S.C. 4011 note) and inserting the following: 207. Continuing education requirements for insurance agents \n(a) In general \nThe Director shall require each insurance agent who sells flood insurance policies under the Program to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course \nIf an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States \n(1) In general \nIf an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial \nIf an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction \nAny reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.. (b) Technical and conforming amendment \nThe table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: Sec. 207. Continuing education requirements for insurance agents..", "id": "id229343251FD7460F94B285222F906124", "header": "Flood insurance continuing education and training" }, { "text": "207. Continuing education requirements for insurance agents \n(a) In general \nThe Director shall require each insurance agent who sells flood insurance policies under the Program to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course \nIf an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States \n(1) In general \nIf an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial \nIf an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction \nAny reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.", "id": "ideb184c0550d140a5af6f74d74304d768", "header": "Continuing education requirements for insurance agents" }, { "text": "412. Shifting of attorney fees and other expenses \nSection 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as amended by section 405(c), is amended by adding at the end the following: (d) Attorney fees and other expenses \nA Write Your Own Company against which an action is instituted under this subsection shall be considered an agency of the United States for the purposes of section 2412(d) of title 28, United States Code..", "id": "idFF9F94B2AA484A2FBFC2B65445412D64", "header": "Shifting of attorney fees and other expenses" }, { "text": "413. Restriction on defense of claims litigation \n(a) Restriction on defense of claims litigation \n(1) In general \nSection 1345 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 ) is amended by adding at the end the following: (f) Restriction on defense of claims litigation \nThe Administrator may not enter into any contract, agreement, or other appropriate arrangement under subsection (a) that delegates the authority of the Administrator to defend actions instituted under section 1341.. (2) Implementation \nNotwithstanding any other provision of law, the Administrator may implement the amendment made by paragraph (1) by adopting 1 or more standard endorsements to the Standard Flood Insurance Policy by publication of those standards in the Federal Register, or by comparable means. (3) Effective date \nThe amendment made by paragraph (1) shall take effect on the date that is 1 year after the date of enactment of this Act. (4) Transition \nNotwithstanding the amendment made by paragraph (1), in the case of an action instituted under subsection (b) of section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as added by section 407, before the effective date under paragraph (3) of this subsection, the Administrator may authorize a Write Your Own Company to continue to defend the action after that effective date. (b) Appointment of temporary personnel \n(1) In general \nSection 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as amended by section 412, is amended by adding at the end the following: (e) Appointment of temporary personnel \nThe Administrator may appoint and fix the compensation of such temporary personnel as may be necessary to support the defense of an action instituted under this section, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.. (2) Funding \nSection 1310(d)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(d)(1) ) is amended by inserting after losses, the following: including the costs associated with the hiring of temporary personnel under section 1341(e),.", "id": "idBD40E96932C3464DA5C7A6D303893591", "header": "Restriction on defense of claims litigation" }, { "text": "414. Reforming use of proof of loss forms \n(a) In general \nSection 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 409, is amended by adding at the end the following: (k) No condition of payment of undisputed claim on proof of loss \n(1) In general \nNotwithstanding any other provision of law, or any term or condition of a standard flood insurance policy, the Administrator— (A) may not condition payment of an undisputed claim based on the submission of a proof of loss; and (B) may instead accept a report submitted by the insurance adjuster the Administrator hires to investigate the claim, if the report is signed by the policyholder, unless the Administrator determines that conditions make signature impracticable. (2) Refusal to accept amount paid \nUpon the refusal of a policyholder to accept the amount paid under paragraph (1), the Administrator may require the policyholder to submit a proof of loss within a timeframe determined by the Administrator.. (b) Guidance to defense attorneys \nThe Administrator shall issue guidance for best practices for attorneys defending actions instituted under section 1333 or 1341, as applicable, of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 , 4072) (as amended by section 404(c)) relating to how to respond to unintentional errors in a proof of loss submitted by a policyholder under the National Flood Insurance Policy.", "id": "ide04a0a2a89494b8896f97142b68a3a9b", "header": "Reforming use of proof of loss forms" }, { "text": "415. Agent Advisory Council \nPart C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ), as amended by section 407, is amended by adding at the end the following: 1351. Agent Advisory Council \n(a) Establishment \nThere is established a council to be known as the Agent Advisory Council (in this section referred to as the Council ). (b) Membership \n(1) Members \nThe Council shall consist of— (A) the Administrator, or the designee of the Administrator; and (B) 11 additional members appointed by the Administrator or the designee of the Administrator, of whom— (i) 1 shall be a member of the National Association of Insurance Commissioners; (ii) 2 shall be members of the Independent Insurance Agents and Brokers of America; (iii) 1 shall be a member of United Policyholders; (iv) 1 shall be a representative of the Emergency Management Institute of the Federal Emergency Management Agency; (v) 1 shall be a representative of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency; (vi) 2 shall be members of the National Association of Professional Insurance Agents; (vii) 1 shall be a representative of a recognized professional association or organization representing homebuilders or land developers; (viii) 1 shall be a representative of a recognized professional association or organization representing the real estate industry; and (ix) 1 of whom shall be a representative of a recognized consumer protection group. (2) Qualifications \n(A) In general \nEach member of the Council shall have experience with— (i) contacting policyholders under the national flood insurance program, including with respect to applying for flood insurance and processing a claim for damage to or loss of property that is covered by flood insurance; and (ii) riverine and coastal flood insurance policies. (B) Considerations \nThe Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of governmental and private members, and includes geographic diversity. (C) Conflicts of interest \nA member of the Council— (i) may not, while serving on the Council, be employed or retained— (I) by a Federal Emergency Management Agency contractor or consultant; or (II) by a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (ii) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. (3) Consultation \nIn appointing a member of the Council from an entity described in clauses (i) through (viii) of paragraph (1)(B), the Administrator or the designee of the Administrator, as applicable, shall consult with the entity. (4) Chairperson \nThe members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the Chairperson ). (c) Duties \nThe Council shall— (1) provide recommendations to the Administrator on— (A) improving the customer experience for policyholders under the national flood insurance program; (B) training insurance agents that issue flood insurance policies; and (C) improving the processing and handling of claims for damage to or loss of property that is covered by flood insurance; and (2) submit to the Administrator an annual report that includes— (A) a description of the activities of the Council; and (B) a summary of recommendations made by the Council to the Administrator. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council shall receive no additional compensation for serving on the Council. (2) Travel expenses \nEach member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (e) Meetings and actions \n(1) Meetings \n(A) In general \nThe Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of the members of the Council. (B) Initial meeting \nThe Administrator, or a designee of the Administrator, shall request and coordinate the initial meeting of the Council. (2) Action by majority vote \nThe Council may take action by a vote of the majority of the members. (f) Officers \nThe Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (g) Staff \nUpon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency to assist the Council in carrying out the duties of the Council. (h) Powers \nIn carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research as the Council considers appropriate. (i) Report to Congress and OMB \nThe Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Director of the Office of Management and Budget an annual report on— (1) the recommendations made by the Council; and (2) any recommendations made by the Council during the year covered by the report that, as of the date on which the report is submitted, have been deferred or not acted upon, together with an explanatory statement with respect to those recommendations. (j) Applicability of the Federal Advisory Committee Act \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council..", "id": "id53391C1FB6AB4FCB8CDCEED97639B149", "header": "Agent Advisory Council" }, { "text": "1351. Agent Advisory Council \n(a) Establishment \nThere is established a council to be known as the Agent Advisory Council (in this section referred to as the Council ). (b) Membership \n(1) Members \nThe Council shall consist of— (A) the Administrator, or the designee of the Administrator; and (B) 11 additional members appointed by the Administrator or the designee of the Administrator, of whom— (i) 1 shall be a member of the National Association of Insurance Commissioners; (ii) 2 shall be members of the Independent Insurance Agents and Brokers of America; (iii) 1 shall be a member of United Policyholders; (iv) 1 shall be a representative of the Emergency Management Institute of the Federal Emergency Management Agency; (v) 1 shall be a representative of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency; (vi) 2 shall be members of the National Association of Professional Insurance Agents; (vii) 1 shall be a representative of a recognized professional association or organization representing homebuilders or land developers; (viii) 1 shall be a representative of a recognized professional association or organization representing the real estate industry; and (ix) 1 of whom shall be a representative of a recognized consumer protection group. (2) Qualifications \n(A) In general \nEach member of the Council shall have experience with— (i) contacting policyholders under the national flood insurance program, including with respect to applying for flood insurance and processing a claim for damage to or loss of property that is covered by flood insurance; and (ii) riverine and coastal flood insurance policies. (B) Considerations \nThe Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of governmental and private members, and includes geographic diversity. (C) Conflicts of interest \nA member of the Council— (i) may not, while serving on the Council, be employed or retained— (I) by a Federal Emergency Management Agency contractor or consultant; or (II) by a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (ii) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. (3) Consultation \nIn appointing a member of the Council from an entity described in clauses (i) through (viii) of paragraph (1)(B), the Administrator or the designee of the Administrator, as applicable, shall consult with the entity. (4) Chairperson \nThe members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the Chairperson ). (c) Duties \nThe Council shall— (1) provide recommendations to the Administrator on— (A) improving the customer experience for policyholders under the national flood insurance program; (B) training insurance agents that issue flood insurance policies; and (C) improving the processing and handling of claims for damage to or loss of property that is covered by flood insurance; and (2) submit to the Administrator an annual report that includes— (A) a description of the activities of the Council; and (B) a summary of recommendations made by the Council to the Administrator. (d) Compensation \n(1) In general \nExcept as provided in paragraph (2), a member of the Council shall receive no additional compensation for serving on the Council. (2) Travel expenses \nEach member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (e) Meetings and actions \n(1) Meetings \n(A) In general \nThe Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of the members of the Council. (B) Initial meeting \nThe Administrator, or a designee of the Administrator, shall request and coordinate the initial meeting of the Council. (2) Action by majority vote \nThe Council may take action by a vote of the majority of the members. (f) Officers \nThe Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (g) Staff \nUpon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency to assist the Council in carrying out the duties of the Council. (h) Powers \nIn carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research as the Council considers appropriate. (i) Report to Congress and OMB \nThe Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Director of the Office of Management and Budget an annual report on— (1) the recommendations made by the Council; and (2) any recommendations made by the Council during the year covered by the report that, as of the date on which the report is submitted, have been deferred or not acted upon, together with an explanatory statement with respect to those recommendations. (j) Applicability of the Federal Advisory Committee Act \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.", "id": "id25B7A0E67A3F44A1BA97D92B3C4FE075", "header": "Agent Advisory Council" }, { "text": "416. Disclosure of flood risk information prior to transfer of property \n(a) In general \nChapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ), as amended by section 207, is amended by adding at the end the following: 1328. Disclosure of flood risk information prior to transfer of property \n(a) In general \nAfter September 30, 2022, no new flood insurance coverage may be provided under this title for any real property unless an appropriate public body has imposed, by statute or regulation, a duty on any seller or lessor of improved real estate to provide to any purchaser or lessee (with respect to a lease for a term that is not shorter than 30 days) of the property a property flood hazard disclosure that the Administrator has determined meets the requirements of subsection (b). (b) Disclosure requirements \n(1) Requirements for sellers \nA property flood hazard disclosure for the sale of a property shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the seller of any— (i) prior physical damage caused by flood to a structure located on the property; (ii) prior insurance claim for a loss covered under the national flood insurance program or private flood insurance with respect to the property; (iii) previous notification regarding the designation of the property as a repetitive loss structure or severe repetitive loss structure (as defined in section 1366(h)); and (iv) Federal legal obligation to obtain and maintain flood insurance running with the property; (C) discloses to the maximum extent feasible, in a manner to be determined by the Administrator— (i) the relative flood risk associated with the property as indicated in flood hazard data maintained by the Administrator under this title; and (ii) the availability of and approximate cost of flood insurance for the property; and (D) is delivered by, or on behalf of, the seller to the purchaser before the purchaser becomes obligated under any contract to purchase the property. (2) Requirements for lessors \nA property flood hazard disclosure for a rental property with a lease for a term that is not shorter than 30 days shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the lessor— (i) of any Federal legal obligation to obtain and maintain flood insurance running with the property; (ii) regarding any prior physical damage caused by flood with respect to the unit being leased; and (iii) of the availability of coverage under this title for contents located in a structure on the property; and (C) is delivered by, or on behalf of, the lessor to the lessee before the lessee becomes obligated under any contract to lease the property. (3) Rule of construction \nNothing in this section may be construed as preventing a State from adopting disclosure requirements in addition to the requirements of this section.. (b) Availability of flood insurance coverage \nSection 1305(c) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4012(c) ) is amended— (1) in paragraph (1), by striking , and at the end and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) given satisfactory assurance that, not later than October 1, 2024, property flood hazard disclosure requirements will have been adopted for the area (or subdivision) that meet the requirements of section 1328..", "id": "H892E697F78D8431BA324BCA2090BA083", "header": "Disclosure of flood risk information prior to transfer of property" }, { "text": "1328. Disclosure of flood risk information prior to transfer of property \n(a) In general \nAfter September 30, 2022, no new flood insurance coverage may be provided under this title for any real property unless an appropriate public body has imposed, by statute or regulation, a duty on any seller or lessor of improved real estate to provide to any purchaser or lessee (with respect to a lease for a term that is not shorter than 30 days) of the property a property flood hazard disclosure that the Administrator has determined meets the requirements of subsection (b). (b) Disclosure requirements \n(1) Requirements for sellers \nA property flood hazard disclosure for the sale of a property shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the seller of any— (i) prior physical damage caused by flood to a structure located on the property; (ii) prior insurance claim for a loss covered under the national flood insurance program or private flood insurance with respect to the property; (iii) previous notification regarding the designation of the property as a repetitive loss structure or severe repetitive loss structure (as defined in section 1366(h)); and (iv) Federal legal obligation to obtain and maintain flood insurance running with the property; (C) discloses to the maximum extent feasible, in a manner to be determined by the Administrator— (i) the relative flood risk associated with the property as indicated in flood hazard data maintained by the Administrator under this title; and (ii) the availability of and approximate cost of flood insurance for the property; and (D) is delivered by, or on behalf of, the seller to the purchaser before the purchaser becomes obligated under any contract to purchase the property. (2) Requirements for lessors \nA property flood hazard disclosure for a rental property with a lease for a term that is not shorter than 30 days shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the lessor— (i) of any Federal legal obligation to obtain and maintain flood insurance running with the property; (ii) regarding any prior physical damage caused by flood with respect to the unit being leased; and (iii) of the availability of coverage under this title for contents located in a structure on the property; and (C) is delivered by, or on behalf of, the lessor to the lessee before the lessee becomes obligated under any contract to lease the property. (3) Rule of construction \nNothing in this section may be construed as preventing a State from adopting disclosure requirements in addition to the requirements of this section.", "id": "H8D67FE7B32BF4FBBA7548318DF0F6FE7", "header": "Disclosure of flood risk information prior to transfer of property" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Behavioral Intervention Guidelines Act of 2021.", "id": "HA9BA914A123042698A79D0434CD0CDB0", "header": "Short title" }, { "text": "2. Best practices for behavioral intervention teams \nThe Public Health Service Act is amended by inserting after section 520G of such Act ( 42 U.S.C. 290bb–38 ) the following new section: 520H. Best practices for behavioral intervention teams \n(a) In general \nThe Secretary shall identify and facilitate the development of best practices to assist elementary schools, secondary schools, and institutions of higher education in establishing and using behavioral intervention teams. (b) Elements \nThe best practices under subsection (a)(1) shall include guidance on the following: (1) How behavioral intervention teams can operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights of individuals. (2) The use of behavioral intervention teams to identify concerning behaviors, implement interventions, and manage risk through the framework of the school’s or institution’s rules or code of conduct, as applicable. (3) How behavioral intervention teams can, when assessing an individual— (A) access training on evidence-based, threat-assessment rubrics; (B) ensure that such teams— (i) have trained, diverse stakeholders with varied expertise; and (ii) use cross validation by a wide-range of individual perspectives on the team; and (C) use violence risk assessment. (4) How behavioral intervention teams can help mitigate— (A) inappropriate use of a mental health assessment; (B) inappropriate limitations or restrictions on law enforcement’s jurisdiction over criminal matters; (C) attempts to substitute the behavioral intervention process in place of a criminal process, or impede a criminal process, when an individual’s behavior has potential criminal implications; (D) endangerment of an individual’s privacy by failing to ensure that all applicable Federal and State privacy laws are fully complied with; or (E) inappropriate referrals to, or involvement of, law enforcement when an individual’s behavior does not warrant a criminal response. (c) Consultation \nIn carrying out subsection (a)(1), the Secretary shall consult with— (1) the Secretary of Education; (2) the Director of the National Threat Assessment Center of the United States Secretary Service; (3) the Attorney General and the Director of the Bureau of Justice Assistance; (4) teachers and other educators, principals, school administrators, school board members, school psychologists, mental health professionals, and parents of students; (5) local law enforcement agencies and campus law enforcement administrators; (6) privacy experts; and (7) other education and mental health professionals as the Secretary deems appropriate. (d) Publication \nNot later than 2 years after the date of enactment of this section, the Secretary shall publish the best practices under subsection (a)(1) on the internet website of the Department of Health and Human Services. (e) Technical assistance \nThe Secretary shall provide technical assistance to institutions of higher education, elementary schools, and secondary schools to assist such institutions and schools in implementing the best practices under subsection (a). (f) Definitions \nIn this section: (1) The term behavioral intervention team means a team of qualified individuals who— (A) are responsible for identifying and assessing individuals exhibiting concerning behaviors, experiencing distress, or who are at risk of harm to self or others; (B) develop and facilitate implementation of evidence-based interventions to mitigate the threat of harm to self or others posed by an individual and address the mental and behavioral health needs of individuals to reduce risk; and (C) provide information to students, parents, and school employees on recognizing behavior described in this subsection. (2) The terms elementary school , parent , and secondary school have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term institution of higher education has the meaning given to such term in section 102 of the Higher Education Act of 1965. (4) The term mental health assessment means an evaluation, primarily focused on diagnosis, determining the need for involuntary commitment, medication management, and on-going treatment recommendations. (5) The term violence risk assessment means a broad determination of the potential risk of violence based on evidence-based literature..", "id": "H68D95788C61C42A69B617076D5047A76", "header": "Best practices for behavioral intervention teams" }, { "text": "520H. Best practices for behavioral intervention teams \n(a) In general \nThe Secretary shall identify and facilitate the development of best practices to assist elementary schools, secondary schools, and institutions of higher education in establishing and using behavioral intervention teams. (b) Elements \nThe best practices under subsection (a)(1) shall include guidance on the following: (1) How behavioral intervention teams can operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights of individuals. (2) The use of behavioral intervention teams to identify concerning behaviors, implement interventions, and manage risk through the framework of the school’s or institution’s rules or code of conduct, as applicable. (3) How behavioral intervention teams can, when assessing an individual— (A) access training on evidence-based, threat-assessment rubrics; (B) ensure that such teams— (i) have trained, diverse stakeholders with varied expertise; and (ii) use cross validation by a wide-range of individual perspectives on the team; and (C) use violence risk assessment. (4) How behavioral intervention teams can help mitigate— (A) inappropriate use of a mental health assessment; (B) inappropriate limitations or restrictions on law enforcement’s jurisdiction over criminal matters; (C) attempts to substitute the behavioral intervention process in place of a criminal process, or impede a criminal process, when an individual’s behavior has potential criminal implications; (D) endangerment of an individual’s privacy by failing to ensure that all applicable Federal and State privacy laws are fully complied with; or (E) inappropriate referrals to, or involvement of, law enforcement when an individual’s behavior does not warrant a criminal response. (c) Consultation \nIn carrying out subsection (a)(1), the Secretary shall consult with— (1) the Secretary of Education; (2) the Director of the National Threat Assessment Center of the United States Secretary Service; (3) the Attorney General and the Director of the Bureau of Justice Assistance; (4) teachers and other educators, principals, school administrators, school board members, school psychologists, mental health professionals, and parents of students; (5) local law enforcement agencies and campus law enforcement administrators; (6) privacy experts; and (7) other education and mental health professionals as the Secretary deems appropriate. (d) Publication \nNot later than 2 years after the date of enactment of this section, the Secretary shall publish the best practices under subsection (a)(1) on the internet website of the Department of Health and Human Services. (e) Technical assistance \nThe Secretary shall provide technical assistance to institutions of higher education, elementary schools, and secondary schools to assist such institutions and schools in implementing the best practices under subsection (a). (f) Definitions \nIn this section: (1) The term behavioral intervention team means a team of qualified individuals who— (A) are responsible for identifying and assessing individuals exhibiting concerning behaviors, experiencing distress, or who are at risk of harm to self or others; (B) develop and facilitate implementation of evidence-based interventions to mitigate the threat of harm to self or others posed by an individual and address the mental and behavioral health needs of individuals to reduce risk; and (C) provide information to students, parents, and school employees on recognizing behavior described in this subsection. (2) The terms elementary school , parent , and secondary school have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term institution of higher education has the meaning given to such term in section 102 of the Higher Education Act of 1965. (4) The term mental health assessment means an evaluation, primarily focused on diagnosis, determining the need for involuntary commitment, medication management, and on-going treatment recommendations. (5) The term violence risk assessment means a broad determination of the potential risk of violence based on evidence-based literature.", "id": "H246B22F5A3AE4FF2AF7159867D66CAD1", "header": "Best practices for behavioral intervention teams" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Decent, Affordable, Safe Housing for all Act or the DASH Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Housing assistance Subtitle A—General housing assistance Sec. 111. Rental vouchers for the homeless. Sec. 112. Land acquisition and construction. Sec. 113. Modular construction pilot program. Sec. 114. Supporting pro-housing development. Sec. 115. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants. Subtitle B—Rural housing assistance Sec. 121. Rural housing reinvestment. Sec. 122. Permanent establishment of housing preservation and revitalization program. Sec. 123. Eligibility for rural housing vouchers. Sec. 124. Amount of voucher assistance. Sec. 125. Use of available rental assistance. Sec. 126. Funding for multifamily technical improvements. Sec. 127. Plan for preserving affordability of rental projects. Sec. 128. Covered housing programs. TITLE II—Revenue provisions Sec. 201. Extension of period for rehabilitation expenditures. Sec. 202. Extension of basis expenditure deadline. Sec. 203. Tax-exempt bond financing requirement. Sec. 204. Increases in State allocations. Sec. 205. Buildings designated to serve extremely low-income households. Sec. 206. Inclusion of Indian areas as difficult development areas for purposes of certain buildings. Sec. 207. Inclusion of rural areas as difficult development areas. Sec. 208. Increase in credit for bond-financed projects designated by housing credit agency. Sec. 209. Repeal of qualified contract option. Sec. 210. Modification and clarification of rights relating to building purchase. Sec. 211. Prohibition of local approval and contribution requirements. Sec. 212. Adjustment of credit to provide relief during COVID–19 outbreak. Sec. 213. Increase in credit for low-income housing supportive services. Sec. 214. Study of tax incentives for the conversion of commercial property to affordable housing. Sec. 215. Renters credit. Sec. 216. Middle-income housing tax credit. Sec. 217. Neighborhood homes credit. Sec. 218. First-time homebuyer refundable credit.", "id": "S1", "header": "Short title; table of contents" }, { "text": "2. Findings \nCongress finds the following: (1) The United States has a deficit of 7,000,000 units of housing due to slowed development after the Great Recession. Public-private partnerships can spark a boost in construction to address this lack of available and affordable homes. (2) During the last 20 years, rent has increased faster than income for renters in all 50 States and the District of Columbia. (3) There is no county in the United States in which an individual working at minimum wage can afford a modest 1- or 2-bedroom home. A renter would need to make more than $20 an hour to afford the average 1-bedroom rent. In no State does the minimum wage exceed $16 an hour. (4) Artificial limits on construction and development of diverse types of housing limit supply, increase housing prices, and often induce sprawl. (5) The most affordable and environmentally friendly types of housing developments are illegal in many jurisdictions in the United States. Dense, multifamily housing creates far fewer carbon emissions than standalone single-family housing. (6) In 10 States, Housing Choice Voucher recipients wait longer than 3 years for assistance. Nationwide, only 1 in 4 households eligible for housing assistance receives it. (7) More than 1,500,000 children in the United States experienced homelessness in 2018, including students staying in other people’s homes due to lack of alternatives. More than 11,000 children were living outside in 2020. Children living in or exiting the child welfare system are especially vulnerable to homelessness. (8) The strongest indicator that a person will experience homelessness as an adult is if the person experienced homelessness as a child. Experiencing homelessness harms children educationally, socially, emotionally, and physically. (9) Unsheltered homelessness has increased in recent years, and Black, Indigenous, and Hispanic Americans are severely overrepresented in the population of people experiencing homelessness. (10) Extremely low-income renters are much more likely to be non-White, as 1 in 5 Black renters, 18 percent of Indigenous renters, and 16 percent of Hispanic renters are extremely low-income, while only 6 percent of White renters are extremely low-income. (11) In 2020, the difference in homeownership rates between Black and White Americans was larger than in 1960, before the enactment of the Fair Housing Act (title VIII of Public Law 90–284 ; 82 Stat. 81), reflecting the pervasive impact of systemic racism in the housing market and overall economy including redlining, appraisal bias, wage gaps, and decades-long oppression. (12) Stable, safe, and affordable housing is a significant social indicator of health, and investments in affordable housing result in tangible benefits in neighborhood, household, and individual health and economic stability.", "id": "id386A8982ED6140E89F71542223187F35", "header": "Findings" }, { "text": "111. Rental vouchers for the homeless \nSection 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: (21) Rental vouchers for the homeless \n(A) Definitions \nIn this paragraph: (i) At risk of homelessness \nThe term at risk of homelessness has the meaning given the term in section 401(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), except that 50 percent shall be substituted for 30 percent in subparagraph (A) of that section. (ii) Capacity-building period \nThe term capacity-building period means the 2-year period beginning on the date on which the formula is established under subparagraph (E)(ii). (iii) Continuum of care \nThe term continuum of care has the meaning given the term in section 578.3 of title 24, Code of Federal Regulations, or any successor regulation. (iv) Eligible public housing agency \nThe term eligible public housing agency means a public housing agency that— (I) administers assistance under this subsection through a contract for annual contributions entered into with the Secretary; (II) has a partnership with a public child welfare agency and a continuum of care that— (aa) has a system for identifying and referring eligible recipients for assistance under this paragraph from the public housing agency, including by providing a written certification that the eligible recipient is eligible to receive the assistance; and (bb) will, to the greatest extent practicable, provide or facilitate the provision of supportive services to those eligible recipients; and (III) submits to the Secretary a statement describing— (aa) how the public housing agency will connect eligible recipients with local community resources, to the extent available; and (bb) the plan for use of capacity-building funding under subparagraph (E), including— (AA) a timeline for the use of that funding within the capacity-building period; (BB) hiring and personnel needs; (CC) physical infrastructure needs; and (DD) technological infrastructure needs, including upgrades to the HMIS, and any other capacity-related investments that are necessary to administer assistance under this paragraph. (v) Eligible recipient \nThe term eligible recipient means any individual or family experiencing homelessness or at risk of homelessness with an income that is less than 50 percent of the area median income. (vi) Experiencing homelessness; homeless \nThe terms experiencing homelessness and homeless means an individual or family who is— (I) living in a place not meant for human habitation or in an emergency shelter; (II) living in transitional housing for homeless persons and was homeless before entering transitional housing or an emergency shelter; (III) fleeing domestic violence; or (IV) at risk of homelessness. (vii) HMIS \nThe term HMIS means the community-wide homeless management information system described in section 402(f)(3)(D) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(3)(D) ). (viii) Public housing agency \nThe term public housing agency includes a tribally designated housing entity. (ix) Referral \nThe term referral means an affirmative connection between the voucher recipient and the organization providing services to the voucher recipient. (x) Service coordinator \nThe term service coordinator means an individual employed directly by a public housing agency who provides general case management and referral services to each voucher recipient served by the public housing agency, which shall include— (I) an individual intake screening of each voucher recipient to evaluate the voucher recipient’s need for supportive services; and (II) referral to outside services, including cooperation and collaboration with a continuum of care. (xi) Source of income \nThe term source of income means income from any lawful source, including— (I) income from any legal employment; and (II) any assistance, benefit, or subsidy through any Federal, State, or local program, whether the program is administered by a governmental or nongovernmental entity. (xii) Tribally designated housing entity \nThe term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (xiii) Voucher recipient \nThe term voucher recipient means an individual or family receiving a voucher under this paragraph. (xiv) Youth \nThe term youth means an individual under the age of 25. (B) Vouchers \n(i) Provision of vouchers \n(I) In general \nThe Secretary shall provide vouchers for rental assistance on behalf of each eligible recipient in accordance with this paragraph. (II) Direct appropriation \nSubject to subclause (III), there is appropriated, out of any money in the Treasury not otherwise appropriated, for providing rental voucher assistance under this paragraph for fiscal year 2022 and each fiscal year thereafter— (aa) the amount necessary to fund the provision of a voucher for rental assistance under this paragraph on behalf of each eligible recipient; (bb) the amount necessary to provide administrative fees under clause (ii) in connection to each voucher for rental assistance provided under this paragraph; and (cc) the amount necessary to fund annual renewals of the vouchers provided under this paragraph. (III) Number of vouchers \nThe Secretary shall provide— (aa) 250,000 vouchers under this paragraph in fiscal year 2022; and (bb) 400,000 vouchers under this paragraph in each fiscal year thereafter until the Secretary determines that a smaller number of vouchers is sufficient to provide all eligible recipients with vouchers. (ii) Administrative fee for ancillary costs \nThe Secretary shall provide a public housing agency that requests a voucher under this paragraph an administrative fee sufficient to provide assistance to the voucher recipient for security deposits, moving costs, first or last month's rent, or other significant barriers to establishing use of the voucher and a lease, in an amount that is not more than 3 months' rent for the voucher recipient. (iii) Payment standard \nThe payment standard for a voucher provided under this paragraph may not exceed 125 percent of the fair market rental in the jurisdiction in which the voucher is administered. (iv) Supplemental voucher payment \n(I) In general \nAn eligible public housing agency may supplement the amount of a voucher provided under this paragraph in any case in which— (aa) the amount of the voucher is insufficient to cover the cost of a dwelling unit within the jurisdiction of the eligible public housing agency and that insufficiency may result in a voucher recipient losing housing and becoming homeless or doubled up; or (bb) the eligible public housing agency submits to the Secretary a waiver request for recalculation of the small area fair market rent applicable to the dwelling unit, which the Secretary shall approve or deny within 45 days of submission of the request. (II) Payment upon denial \nAn eligible public housing agency may supplement the amount of a voucher under subclause (I) even if the Secretary denies the request submitted under subclause (I)(aa), provided that the supplementation of the voucher amount is necessary to maintain housing for the voucher recipient. (v) Conditions on assistance \nNotwithstanding any other provision of law, the Secretary— (I) may not condition receipt of a voucher under this paragraph on— (aa) participation in any service or program; or (bb) the sobriety or lack thereof of an eligible recipient; (II) except as provided in subclause (III), may not prohibit receipt of a voucher under this paragraph by an otherwise eligible recipient due to any criminal conviction or history of interaction with the criminal justice system; and (III) shall prohibit receipt of a voucher under this paragraph by individuals subject to a lifetime registration requirement under any State sex offender registration program. (vi) Verification of statement made by eligible public housing agencies \n(I) In general \nNot later than 30 days after the date on which an eligible public housing agency submits the statement required under subparagraph (A)(iv)(III), the Secretary shall verify the statement. (II) Unsatisfactory statement \nIf, upon verification of a statement under subclause (I), the Secretary determines that the statement is unsatisfactory, the Secretary shall inform the eligible public housing agency of that determination and the manner in which the eligible public housing agency may re-submit the statement. (vii) Identification of eligible recipients \nA public housing agency shall partner with continuums of care, public child welfare agencies, street outreach providers, health care providers, and other similar organizations in the State in which the public housing agency operates to identify eligible recipients. (viii) Requirements for eligible public housing agencies \n(I) In general \nEach eligible public housing agency providing assistance under this paragraph shall— (aa) on an annual basis and in conjunction with income reviews for purposes of determining income eligibility for assistance under this paragraph, verify the compliance of the eligible public housing agency with the eligibility requirements under this paragraph; (bb) to the greatest extent possible— (AA) work with continuums of care to ensure continuity of data collection under this paragraph; and (BB) utilize the HMIS to collect and main the information required to be collected under this paragraph. (II) Priority \nIn providing vouchers under this paragraph, an eligible public housing agency— (aa) shall prioritize the first vouchers made available under this section for eligible recipients who are— (AA) unaccompanied homeless youth; (BB) homeless youth with minor children; or (CC) families with minor children experiencing homelessness; (bb) to the extent possible considering when the Secretary disburses funds under this paragraph, shall provide vouchers to the eligible recipients described in item (aa) not later than 1 year after the end of the capacity-building period; and (cc) may not issue vouchers to eligible recipients not described in item (aa) until the eligible public housing agency has issued vouchers to all eligible recipients described in that item. (ix) Use of voucher upon exit \nAn eligible public housing agency that issued a voucher to an eligible recipient that is no longer in use by the eligible recipient may provide the voucher to any other tenant eligible for tenant-based assistance under this subsection. (C) Data collection \n(i) In general \nThe Secretary shall submit to Congress an annual report on assistance providing under this paragraph, which shall include— (I) an assessment of the progress of States toward housing— (aa) eligible recipients in the State; and (bb) the total population of people experiencing homelessness in the State; and (II) the information provided under clause (ii). (ii) Information from public housing agencies \nEach eligible public housing agency administering assistance under this paragraph shall submit to the Secretary and to the State in which the public housing agency is located an annual report for each fiscal year that includes— (I) the number of voucher recipients, including aggregated demographic information on the age, sex, gender identity, sexual orientation, race, ethnicity, and disability status of each such recipient in a manner that does not reveal the personally identifiable information of each such recipient; (II) the number of eligible recipients who applied during the fiscal year for assistance under this paragraph, but were not provided assistance; (III) a brief identification in each instance described in subclause (II) of the reason why the eligible public housing agency was unable to provide the assistance; and (IV) a description of how the eligible public housing agency communicated or collaborated with public child welfare agencies and continuums of care to collect the data described in subclauses (I) and (II). (D) Supportive services \n(i) Administrative fee \n(I) In general \nThe Secretary shall establish a fee under subsection (q) for the costs incurred by public housing agencies in administering vouchers under this paragraph. (II) Costs \nIn establishing the fee described in subclause (I), the Secretary shall include the costs to public housing agencies of employing full-time or full-time-equivalent service coordinators. (III) Authorization of appropriations \nThere is authorized to be appropriated $300,000,000 for each of fiscal years 2022 through 2027 for the fee described in subclause (I). (ii) Hiring of service coordinators \n(I) In general \nAn eligible public housing agency shall hire the appropriate number of service coordinators to administer supportive services under this paragraph in partnership with the public child welfare agency or continuum of care in a jurisdiction. (II) Insufficient funds \nIf an eligible public housing agency is unable to hire an appropriate number of service coordinators under subclause (I) using the fee described in clause (i)(I)— (aa) the public housing agency may request an increased administrative fee from the Secretary; and (bb) the Secretary shall approve or deny a request received under item (aa) within 45 days. (III) Report to Congress \nBeginning in the first full fiscal year after the date of enactment of this paragraph, the Secretary shall submit an annual report to Congress on requests for increased administrative fees received from public housing agencies under subclause (II). (IV) Appropriate number defined \nFor purposes of this clause, the term appropriate number , with respect to service coordinators, means enough service coordinators so that each household provided a voucher by a public housing agency under this paragraph is able to access a service coordinator for not less than 30 minutes each week. (iii) Provision of services \nUpon intake of an eligible recipient, a public housing agency or a public child welfare agency or continuum of care with which the public housing agency has partnered shall— (I) assign the voucher recipient a case manager or service coordinator; and (II) provide or secure the provision of supportive services to contribute to the housing stability of the voucher recipient, including— (aa) any supportive service, as defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ); (bb) referrals to health care providers, including mental health care providers, dental health care providers, and vision health care providers; (cc) referrals to substance use disorder treatment, including recovery, treatment, 12-step programs, relapse prevention, or medication-assisted treatment; (dd) assistance relating to enrollment in the Medicare or Medicaid programs under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. , 1396 et seq.), respectively, and referrals to other services, including— (AA) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); and (BB) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (ee) advising on eligibility for the family self-sufficiency program established, credit counseling, and housing counseling programs; (ff) referrals to education services, including general educational development (commonly known as GED ) preparation and testing, enrollment in postsecondary education programs, and credit recovery; and (gg) facilitation of transportation assistance to any of the supportive services described in this subparagraph. (iv) Eligibility of private nonprofit organizations and faith-based organizations \n(I) Definitions \nIn this clause, the terms eligible entity and private nonprofit organization have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (II) Eligibility \nNotwithstanding any other provision of law— (aa) the Secretary shall provide that private nonprofit organizations that are eligible entities, including faith-based private nonprofit organizations that are eligible entities, shall be eligible to— (AA) provide services described in clause (iii); and (BB) receive amounts made available to carry out clause (iii); and (bb) in determining eligibility for amounts made available to carry out clause (iii), the status of an entity as faith-based or the possibility that an entity may be faith-based may not be a basis for any discrimination against such entity in any manner or for any purpose. (v) Access \nServices provided under this subparagraph shall be available to voucher recipients with low-to-no barrier access. (vi) Evaluation \nAn eligible public housing agency, public child welfare agency, or continuum of care described in clause (iii) shall evaluate each voucher recipient for individual case management needs under this subparagraph. (E) Capacity building \n(i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary $500,000,000 for each of fiscal years 2022 and 2023 to provide funding for capacity building to eligible public housing agencies. (ii) Funding formula \nNot later than 45 days after the date of enactment of this paragraph, the Secretary shall establish a formula for allocating the funding authorized under clause (i) that takes into account— (I) the ratio of individuals in the State in which the eligible public housing agency operates who are homeless to the overall population of the State; (II) the proportion of families in each State with children experiencing unsheltered homelessness, as reported in the State's most recent point-in-time count, to the total number of unsheltered homeless families in the State as reported in the same point-in-time count; and (III) the rate of unsheltered homelessness in each State compared to each other State, as reported in each State's most recent point-in-time count. (iii) Disbursement \nNot later than 30 days after an eligible public housing agency submits an acceptable statement under subparagraph (A)(iv)(III), the Secretary shall disburse amounts authorized under clause (i) of this subparagraph in accordance with the formula established under clause (ii) of this subparagraph. (iv) Minimum and maximum allocation \nThe Secretary shall ensure that— (I) each eligible public housing agency does not receive more than 10 percent of the amount authorized under clause (i); and (II) each State in which an eligible public housing agency receives funds under clause (i) does not receive more than 25 percent of the total amount authorized under that clause. (v) Eligible activities \nA recipient of funds authorized under clause (i) may only use the funds for— (I) hiring and personnel needs, such as case managers and housing placement advisory; (II) physical infrastructure— (aa) including increased office space or facilities for the provision of supportive services; and (bb) not including residential housing; (III) technological infrastructure needs, including upgrades to the HMIS; and (IV) any other capacity-related investments that are necessary for the public housing agency to— (aa) develop, acquire, or rehabilitate housing that is affordable to extremely low-income families, to be made available to people experiencing homelessness; or (bb) support the successful administration of the vouchers under this paragraph. (vi) Requirement for expenditure of funds \nEach eligible public housing agency that receives funds under clause (i) shall expend not less than 60 percent of the funding during the 2-year period following receipt of the funding. (F) State accountability \n(i) In general \nEach eligible public housing agency providing assistance under this paragraph shall— (I) on a monthly basis, report caseload and voucher administration statistics to the State in which the agency operates; and (II) twice annually, submit to the State in which the agency operates a report on the progress toward issuing a voucher under this paragraph to all eligible recipients, based on— (aa) the percentage reduction in the number of families with children and youth that are experiencing homelessness in the area in which the agency care operates, as determined by comparing the most recent point-in-time count with the point-in-time count conducted 1 year prior; and (bb) the percentage reduction in the number of children experiencing homelessness in the State, as documented under the requirements of the program authorized under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ). (ii) Benchmarks \nEach year, each State shall meet the benchmarks described in this clause, based equally on the percentage reduction in reported population of children and families experiencing homelessness in the following year’s point-in-time count and the percentage reduction in population of students experiencing homelessness: (I) Annual report \nEach State shall submit an annual report to the Secretary that contains— (aa) data collected from schools pursuant to the program authorized under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ), including the number of students— (AA) experiencing unsheltered homelessness; (BB) living in shelters; (CC) living in motels, hotels, or campgrounds; (DD) living in a car or other motor vehicle; or (EE) sharing the housing of other persons due to loss of housing, economic hardship, or similar reasoning; and (bb) the information received from each public housing agency in the State under clause (i)(II). (II) Issuance of vouchers for smaller States \nEach State with a rate of homelessness that is not higher than 10 people per 10,000 shall— (aa) not later than 2 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 50 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; (bb) not later than 3 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 70 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; and (cc) not later than 4 years after the end of the capacity-building period, issue vouchers under this paragraph to all people experiencing homelessness in the State. (III) Issuance of vouchers for larger States \nEach State with a rate of homelessness that is higher than 10 people per 10,000 shall— (aa) not later than 2 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 40 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; (bb) not later than 3 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 60 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; and (cc) not later than 4 years after the end of the capacity-building period, issue vouchers under this paragraph to all people experiencing homelessness in the State. (iii) Penalties \n(I) Warning \nExcept as provided in clause (v), if a State does not meet the applicable benchmarks described in clause (ii), the Secretary shall publicly warn the State of the failure of the State to meet the benchmark and remind the State of the applicable penalties. (II) Reduction in Federal highway funds \nIf a State does not meet the applicable benchmarks described in clause (ii)— (aa) by the date that is 180 days after the warning by the Secretary under subclause (I) of this clause, the Federal share payable for Federal-aid highway projects under section 120 of title 23, United States Code, shall be reduced by 5 percent; or (bb) by the date that is 180 days after a reduction made under item (aa) of this subclause, the Federal share payable for Federal-aid highway projects under section 120 of title 23, United States Code, shall be further reduced by 5 percent. (iv) Condition on compliance \nBeginning in the first Notice of Funding Availability cycle beginning after the date of enactment of this paragraph, and every Notice of Funding Availability cycle thereafter, the Secretary shall condition the awarding of all funding for vouchers under this paragraph by the Secretary to a public housing authority in a State on that State’s compliance with the benchmarks described in clause (ii). (v) Unemployment rate \nIf the quarterly unemployment rate of the population of a State is not less than 6 percent— (I) the State shall not be penalized under clause (iii) for failure to meet the benchmarks described in clause (ii); and (II) the State shall be required to meet the benchmarks described in clause (ii) not later than 180 days after the date on which the quarterly unemployment rate descends beneath 6 percent. (G) Administrative needs of HUD \n(i) Authorization of appropriations \nThere is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026 to the Secretary for the administrative needs of the Department of Housing and Urban Development and regional offices of the Department in carrying out the voucher program under this paragraph. (ii) Prohibition \nNone of the funds made available under this subparagraph may be used to provide raises or bonuses to any employee of the Department of Housing and Urban Development in an amount that is more than 10 percent of the annual gross salary of the employee..", "id": "id5F8580F6A24E4679B0967CA1ADED2AF7", "header": "Rental vouchers for the homeless" }, { "text": "112. Land acquisition and construction \n(a) Definitions \nIn this section— (1) the term at risk of homelessness has the meaning given the term in section 401(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), except that 50 percent shall be substituted for 30 percent in subparagraph (A) of that section; (2) the terms extremely low-income and very low-income have the meanings given those terms in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ); (3) the term homeless means an individual or family who is— (A) living in a place not meant for human habitation or in an emergency shelter; (B) living in transitional housing for homeless persons and was homeless before entering transitional housing or an emergency shelter; (C) fleeing domestic violence; or (D) at risk of homelessness; and (4) the term Secretary means the Secretary of Housing and Urban Development. (b) Authorizations of appropriations \n(1) In general \nThere is authorized to be appropriated to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) $10,000,000,000 for each of fiscal years 2022 through 2032 for allocation to States in accordance with subsection (c) of such section 1338, subject to subsections (c) through (f) of this section. (2) Administrative needs of States \n(A) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary $65,000,000 for each of fiscal years 2022 through 2027 for the administrative needs of States under this section, in accordance with subparagraph (C). (B) Allocation \nOf amounts authorized to be appropriated under subparagraph (A) for each fiscal year— (i) $15,000,000 shall be allocated to the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands; and (ii) the remainder shall be allocated to States pursuant to the formula established under paragraph (21)(E)(ii) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as added by section 3 of this Act. (C) Eligible activities \nA State that receives funds authorized to be appropriated under subparagraph (A) may only use the funds for capacity-related investments that are necessary for the State to successfully allocate funds made available under paragraph (1) of this subsection. (D) Prohibition \nNone of the funds made available under this paragraph may be used to provide raises or bonuses to any official of the executive branch of a State. (c) Revision of funding formula \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall report to Congress proposed changes to the funding formula under section 1338(c)(3) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(3) ) in order to ensure that the funding formula takes into account the economic status of the people of the United States, including the economic impact of the COVID–19 pandemic. (2) Contents \nThe revised formula proposed under paragraph (1) shall address the following concerns: (A) The COVID–19 pandemic and its impacts on the economic security and housing stability of very low-income and extremely low-income people of the United States. (B) The impacts of differing vacancy rates across various housing markets in the United States. (C) The rate of unsheltered homelessness in various housing markets across the United States. (D) The impact of differing rates of poverty and extreme poverty across various States. (E) The gap between demand for and supply of rental units that are affordable and available to very low-income and extremely low-income renters in a State. (d) Eligible households \nHousing that is assisted using amounts made available under subsection (b) may only be used for the benefit of very low-income or extremely low-income households. (e) Eligible activities \nA recipient of funds authorized under subsection (b)— (1) may only use the funds for land acquisition and the acquisition, rehabilitation, or development of rental housing that is affordable for very low-income or extremely low-income households; and (2) shall take all possible measures to expedite construction of housing described in paragraph (1). (f) Priority for occupancy in dwelling units \n(1) First 2 fiscal years \nDuring the first 2 fiscal years for which amounts are made available to carry out this section, the Secretary shall ensure that priority for occupancy in a dwelling unit that receives assistance under this section is given to a homeless family or homeless youth. (2) Subsequent 3 fiscal years \nDuring the third, fourth, and fifth fiscal years for which amounts are made available to carry out this section, the Secretary shall ensure that priority for occupancy in a dwelling unit that receives assistance under this section is given to a homeless family or homeless individual.", "id": "id1E53FBBCFFC54D16BC2EE7414E83AE4D", "header": "Land acquisition and construction" }, { "text": "113. Modular construction pilot program \n(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means a public housing agency, a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4103 )), a nonprofit entity, a company, a religious entity, or a unit of local or Tribal government. (2) Modular construction \nThe term modular construction means the method of residential construction by which building modules are constructed off of the future site of a building, then brought together on the building site to form a larger residential building, in an effort to reduce construction costs. (3) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (b) Establishment of program \n(1) In general \nThe Secretary shall establish a pilot program to provide grants to eligible entities to promote the construction of affordable housing using modular construction. (2) Affordability requirement \nTo be eligible to receive a grant under paragraph (1), an eligible entity shall be required to guarantee affordability for a period of more than 20 years. (3) Priority \nIn awarding grants under paragraph (1), the Secretary shall give priority to an eligible entity that fulfills not fewer than two of the following requirements: (A) The eligible entity— (i) will construct the housing in groups of more than 50 units; or (ii) provides confirmation from the jurisdiction with land use control over the site proposed by the eligible entity that— (I) construction will be completed within 18 months; and (II) the housing will be constructed in groups of more than 30 units. (B) The eligible entity partners with a public housing agency or unit of local government that will issue rental assistance to residents of the affordable housing through vouchers or grants. (C) The eligible entity will provide supportive services (as described in paragraph (21)(D)(iii)(II) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as added by section 3 of this Act) to residents at no charge, or has secured the provision of publicly or privately administered supportive services (as so defined) to residents at no charge. (c) Matching requirement \nThe Federal share of a project funded under this section shall be not more than 75 percent of the cost of the project. (d) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2022 through 2027 to carry out this section.", "id": "idcde39ed30e9f4854b5d8657696db537b", "header": "Modular construction pilot program" }, { "text": "114. Supporting pro-housing development \n(a) Definitions \nIn this section: (1) Duplex \nThe term duplex means a residential building divided into 2 units, each of which has a separate entrance. (2) Eligible activity \nThe term eligible activity means an activity authorized under section 105(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a) ). (3) Eligible entity \nThe term eligible entity means a jurisdiction that adopts a zoning and community planning method described in subsection (d)(4) after the date of enactment of this Act. (4) Floor area ratio \nThe term floor area ratio means the measurement of the floor area of a building in relation to the size of the unit of land on which the building is located. (5) Jurisdiction \nThe term jurisdiction has the meaning given the term in section 91.5 of title 24, Code of Federal Regulations, or any successor regulation. (6) Low-income \nThe term low-income has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (7) Mixed-use housing \nThe term mixed use housing means a building with— (A) retail or other business, public service, or nonprofit establishments at the ground level or a lower level; and (B) not less than 1 story of residential units above the establishments described in subparagraph (A). (8) Quadplex \nThe term quadplex means a residential building divided into 4 units, each of which has a separate entrance. (9) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (10) Triplex \nThe term triplex means a residential building divided into 3 units, each of which has a separate entrance. (11) Multifamily housing \nThe term multifamily housing — (A) means housing accommodations that— (i) are designed principally for residential use; (ii) conform to standards satisfactory to the Secretary; and (iii) consist of not less than 5 rental units on a site; and (B) includes units that are detached, semidetached, row house, or multifamily structures. (b) Zoning information reporting requirement \n(1) In general \nThe Secretary shall require a jurisdiction that receives, directly or indirectly, any funding from the Secretary to submit to the Secretary a report containing information about the zoning and community planning methods of the jurisdiction, unless the jurisdiction already reports such information. (2) Additional information \nUpon receiving a report described in paragraph (1) from a jurisdiction, the Secretary may request additional information, at the discretion of the Secretary. (c) Prohibited zoning methods \n(1) In general \nOn and after the date that is 180 days after the date of enactment of this Act, a jurisdiction that uses a zoning and community planning method described in paragraph (2) may not receive, directly or indirectly, amounts from a grant awarded under subsection (d). (2) Prohibited methods \nThe methods referred to in paragraph (1) are the following: (A) Prohibiting or discouraging duplexes in areas zoned for single-family homes. (B) Prohibiting or discouraging single-room occupancy development in areas zoned for multifamily homes. (C) In areas within one half-mile of a multimodal transit stop, maintaining requirements of more than 1 parking spot for a resident’s car per residential unit. (D) Prohibiting or discouraging accessory dwelling units (commonly known as an ADU or granny flat ) on the premises of single-family homes. (E) Prohibiting or discouraging the conversion of commercial property into residential property. (F) Prohibiting or discouraging the development of multifamily housing or mixed-use housing in commercial areas. (3) Exception \nA jurisdiction shall not be penalized under paragraph (1) based on the use of a zoning and community planning method described in paragraph (2) over which the jurisdiction does not have control. (d) Grant program \n(1) Establishment \nThe Secretary shall establish a program under which the Secretary awards competitive grants to eligible entities to use for eligible activities. (2) Priority \nIn awarding grants under paragraph (1), the Secretary— (A) shall give priority to an eligible entity that adopt more than one of the zoning and community planning methods described in paragraph (4); and (B) in giving priority to an eligible entity under subparagraph (A) of this paragraph, shall base the degree of priority given on the number of such methods that the eligible entity has adopted, relative to the number of such methods that each other eligible entity has adopted. (3) Amount of grant \n(A) In general \nThe amount of a grant awarded to an eligible entity under paragraph (1) shall be not less than— (i) $5,000,000 for an eligible entity with a population of less than 80,000; (ii) $20,000,000 for an eligible entity with a population of less than 100,000; (iii) $40,000,000 for an eligible entity with a population of less than 500,000; (iv) $100,000,000 for an eligible entity with a population of less than 1,000,000; and (v) $125,000,000 for an eligible entity with a population of not less than 1,000,000. (B) Population calculation \nThe Secretary shall calculate the population of an eligible entity for purposes of subparagraph (A) using the most recently available data from the Bureau of the Census. (4) Encouraged zoning and community planning methods \nThe zoning and community planning methods described in this paragraph are the following: (A) Allowing— (i) duplexes, triplexes, and quadplexes, or other multifamily housing, in areas zoned for single-family homes; (ii) the subdivision of existing single-family homes into multiple units; and (iii) waivers to permitting or zoning requirements to incentivize the construction of— (I) accessory dwelling units; (II) additions to existing single-family homes to create duplexes, triplexes, or quadplexes; or (III) other additions that do not require demolition of an existing home on a given unit of land. (B) Incentivizing the development of single-room occupancy multifamily housing and accessory dwelling units through expedited permitting, reduced fees, or other incentives. (C) Not imposing a minimum lot size or minimum unit square-foot requirements. (D) Incentivizing the development of commercial property into residential housing. (E) Eliminating or lowering requirements for per-unit parking spots. (F) Allowing increased floor area ratios. (G) Eliminating or raising height limits on development to encourage building vertically rather than horizontally. (H) Waiving or eliminating fees or permits for development in exchange for the development of a larger number of units that are affordable to low-income people. (5) Regulations \nThe Secretary may promulgate any regulations necessary to carry out this subsection. (6) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $4,000,000,000 for each of fiscal years 2022 through 2027.", "id": "idc81ab701a2cf4904b2dac336e92463c2", "header": "Supporting pro-housing development" }, { "text": "115. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants \nSection 408 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11364 ) is amended to read as follows: 408. Authorization of appropriations \nThere are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year..", "id": "id886d8c7acae249dab08db9e9e58e4a4e", "header": "Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants" }, { "text": "408. Authorization of appropriations \nThere are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year.", "id": "id73f3d8386a07464ca333d2fcd2fb3508", "header": "Authorization of appropriations" }, { "text": "121. Rural housing reinvestment \n(a) Definitions \nIn this section: (1) Broad-based nonprofit organization \nThe term broad-based nonprofit organization means a nonprofit organization that has a membership that reflects a variety of interests in the area in which housing assisted under this section will be located. (2) Covered program \nThe term covered program means— (A) the Very Low-Income Housing Repair Loans and Grants Program under section 504 of the Housing Act of 1949 ( 42 U.S.C. 1474 ); (B) the Farm Labor Housing loan program under section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 ); (C) the Rural Rental Housing Loan program under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ); (D) the Farm Labor Housing grant program under section 516 of the Housing Act of 1949 ( 42 U.S.C. 1486 ); and (E) the Rural Rental Assistance program under section 521 of the Housing Act of 1949 ( 42 U.S.C. 1490a ). (3) Domestic farm laborer \nThe term domestic farm laborer means an individual who receives a substantial portion of the individual's income from the primary production of processed or unprocessed agricultural or aquacultural commodities or other farm labor employment. (4) Eligible entity \nThe term eligible entity means— (A) a broad-based nonprofit organization; (B) a nonprofit organization with experience in developing affordable housing, rural housing, or housing for domestic farm laborers; (C) a nonprofit organization of domestic farm laborers; (D) a federally recognized Indian Tribe; (E) a community organization; (F) an agency of a State or of a political subdivision of a State; or (G) a limited partnership with a nonprofit general partner. (5) Green building certification \nThe term green building certification means— (A) a certification from the Residential New Construction Program of the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (B) a certification from the Zero Energy Ready Home program of the Department of Energy; and (C) a certification or accreditation that is substantially similar to a certification described in subparagraph (A) or (B) that requires the housing project to be at least 10 percent more efficient than homes built to the building code standards of the applicable State. (6) Low-income \nThe term low-income has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (7) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Assistance \n(1) Loans and grants \n(A) In general \nThe Secretary shall award additional loans and grants, including zero-percent interest loans, under the covered programs to eligible entities that construct or preserve off-farm affordable housing, including multifamily housing, for domestic farm laborers or multifamily housing for low-income individuals living in rural areas to increase and preserve the supply of available and affordable rental housing for— (i) low-income individuals living in rural areas; and (ii) domestic farm laborers. (B) Timeline \n(i) Notice of funding availability \nNot later than 180 days after the date of enactment of this Act, the Secretary shall publish a notice of funding availability to solicit applications for loans and grants to be awarded under subparagraph (A). (ii) Awards \nNot later than 1 year after the date of enactment of this Act, the Secretary shall award loans and grants, including zero-percent interest loans, to eligible entities under subparagraph (A). (C) Local contribution for grants \n(i) In general \nAn eligible entity that receives a grant under this section shall contribute not less than 10 percent of the total project cost from sources other than the grant. (ii) Timing of availability \nAn eligible entity may not receive a grant under this section unless the funds required under clause (i) are available to the eligible entity as of the date on which the grant is awarded. (iii) Sources \nAn eligible entity may use amounts from a loan financed by the Rural Housing Service or the Federal Housing Administration to satisfy the requirement under clause (i). (2) Rental assistance for off-farm affordable housing and multifamily housing \n(A) In general \nIn addition to loans and grants under paragraph (1), the Secretary, acting through the Under Secretary for Rural Development, shall provide rental assistance to— (i) owners of off-farm affordable housing for domestic farm laborers that is assisted by a loan or grant under paragraph (1); and (ii) owners of affordable multifamily housing for low-income individuals living in rural areas that is assisted by a loan or grant under paragraph (1). (B) Amount of rent \nIn providing rental assistance under subparagraph (A), the Secretary shall make assistance payments to the owners of housing described in that subparagraph in order to make available to low-income occupants of such housing rentals at rates commensurate to income and not exceeding the highest of— (i) 30 percent of adjusted income (as defined in section 3(b)(5) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(5) ), except that the amount shall be calculated on a monthly basis); (ii) 10 percent of monthly income; or (iii) if the person or family is receiving payments for welfare assistance from a public agency, the portion (if any) of the payments that is specifically designated by the agency to meet the housing costs of the person or family. (C) Cap on rent increases \nThe rent or contribution to rent paid by any recipient of assistance under this paragraph shall not increase as a result of this section or any other provision of Federal law or regulation by more than 10 percent during any 12-month period, unless the increase above 10 percent is attributable to increases in income that are unrelated to this subsection or the other provision of Federal law or regulation. (D) Amount of assistance \nThe amount of an assistance payment made on behalf of a tenant under this paragraph shall be equal to the difference between— (i) the monthly contribution of the tenant, which shall be the applicable amount under subparagraph (B); and (ii) the fair market rental for the jurisdiction in which the property is located, as established by the Secretary under section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(c) ). (E) Regulations \nThe Secretary may promulgate any regulation that is necessary and proper to carry out this paragraph. (3) Priority \nIn awarding assistance for farm labor housing and multi-family housing under paragraphs (1) and (2), the Secretary shall give priority to an applicant seeking assistance for a housing project that— (A) as determined by the Secretary, is energy efficient and generates energy, such as through geo-exchange systems, ground-source heat pumps, wind turbines, and solar energy systems; or (B) has a green building certification. (c) Funding \n(1) Farm Labor Housing loans and grants programs \nThere is authorized to be appropriated to the Secretary $78,000,000 for each of fiscal years 2022 through 2032 to award loans and grants under subsection (b)(1)(A) through the Farm Labor Housing loan program and Farm Labor Housing grant program under sections 514 and 516, respectively, of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1486). (2) Rural Rental Housing Loan program \nThere is authorized to be appropriated to the Secretary $100,000,000 for each of fiscal years 2022 through 2032 to award loans under subsection (b)(1)(A) through the Rural Rental Housing Loan program under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ). (3) Rural Rental Assistance program \nThere is authorized to be appropriated to the Secretary $2,500,000,000 for each of fiscal years 2022 through 2032 to award loans under subsection (b)(1)(A) through the Rural Rental Assistance program under section 521 of the Housing Act of 1949 ( 42 U.S.C. 1490a ). (4) Rental assistance under (b)(2) of this section \nThere is authorized to be appropriated to the Secretary $250,000,000 for each of fiscal years 2022 through 2032 for rental assistance payments under subsection (b)(2).", "id": "id74cb15c9242d4e4ba61d046ef88f823e", "header": "Rural housing reinvestment" }, { "text": "122. Permanent establishment of housing preservation and revitalization program \nTitle V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 545. Housing preservation and revitalization program \n(a) Establishment \nThe Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 515 or both sections 514 and 516. (b) Notice of maturing loans \n(1) To owners \nOn an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of such notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants \n(A) In general \nFor each property financed under section 515 or both sections 514 and 516, not later than the date that is 2 years before the date that such loan will mature, the Secretary shall provide written notice to each household residing in such property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon such maturity, and how to protect their right to reside in federally assisted housing after such maturity. (B) Language \nNotice under this paragraph shall be provided in plain English and shall be translated into other languages in the case of any property located in an area in which a significant number of residents speak such other languages. (c) Loan restructuring \nUnder the program under this section, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that such projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance \nWhen the Secretary offers to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure its maintenance as decent, safe, and sanitary housing for the full term of the rental assistance contract. (e) Restrictive use agreements \n(1) Requirement \nAs part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. (2) Term \n(A) No extension of rental assistance contract \nExcept when the Secretary enters into a 20-year extension of the rental assistance contract for the project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. (B) Extension of rental assistance contract \nIf the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for 20 years. (C) Termination \nThe Secretary may terminate the 20-year use restrictive use agreement for a project prior to the end of its term if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner’s control. (f) Decoupling of rental assistance \n(1) Renewal of rental assistance contract \nIf the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of at least 10 years but not more than 20 years. (2) Rents \nAny agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe, and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) (the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 note)). (g) Multifamily housing transfer technical assistance \nUnder the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (h) Transfer of rental assistance \nAfter the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c), a tenant residing in such project shall have 18 months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant’s unit to another rental project originally financed under section 515 or both sections 514 and 516, and the owner of the initial project may rent the tenant’s previous unit to a new tenant without income restrictions. (i) Administrative expenses \nOf any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (j) Authorization of appropriations \nThere is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2022 through 2027..", "id": "H693A00AB399F4AB29E9D57011E1004D5", "header": "Permanent establishment of housing preservation and revitalization program" }, { "text": "545. Housing preservation and revitalization program \n(a) Establishment \nThe Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 515 or both sections 514 and 516. (b) Notice of maturing loans \n(1) To owners \nOn an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of such notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants \n(A) In general \nFor each property financed under section 515 or both sections 514 and 516, not later than the date that is 2 years before the date that such loan will mature, the Secretary shall provide written notice to each household residing in such property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon such maturity, and how to protect their right to reside in federally assisted housing after such maturity. (B) Language \nNotice under this paragraph shall be provided in plain English and shall be translated into other languages in the case of any property located in an area in which a significant number of residents speak such other languages. (c) Loan restructuring \nUnder the program under this section, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that such projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance \nWhen the Secretary offers to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure its maintenance as decent, safe, and sanitary housing for the full term of the rental assistance contract. (e) Restrictive use agreements \n(1) Requirement \nAs part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. (2) Term \n(A) No extension of rental assistance contract \nExcept when the Secretary enters into a 20-year extension of the rental assistance contract for the project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. (B) Extension of rental assistance contract \nIf the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for 20 years. (C) Termination \nThe Secretary may terminate the 20-year use restrictive use agreement for a project prior to the end of its term if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner’s control. (f) Decoupling of rental assistance \n(1) Renewal of rental assistance contract \nIf the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of at least 10 years but not more than 20 years. (2) Rents \nAny agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe, and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) (the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 note)). (g) Multifamily housing transfer technical assistance \nUnder the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (h) Transfer of rental assistance \nAfter the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c), a tenant residing in such project shall have 18 months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant’s unit to another rental project originally financed under section 515 or both sections 514 and 516, and the owner of the initial project may rent the tenant’s previous unit to a new tenant without income restrictions. (i) Administrative expenses \nOf any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (j) Authorization of appropriations \nThere is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2022 through 2027.", "id": "HBBDC0133D23F48CEBCA40A275EDA00F9", "header": "Housing preservation and revitalization program" }, { "text": "123. Eligibility for rural housing vouchers \nSection 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ) is amended by adding at the end the following: (c) Eligibility of households in section 514, 515, and 516 projects \nThe Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing in a property financed with a loan made or insured under section 514 or 515 ( 42 U.S.C. 1484 , 1485) which has been prepaid, has been foreclosed, or has matured after September 30, 2005, or residing in a property assisted under section 514 or 516 that is owned by a nonprofit organization or public agency..", "id": "H8833252BC00345D1B3355B65AF4753F9", "header": "Eligibility for rural housing vouchers" }, { "text": "124. Amount of voucher assistance \nNotwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), the amount of the monthly assistance payment for the household on whose behalf such assistance is provided shall be determined as provided in subsection (a) of such section 542.", "id": "H19625E9B828441CCBDC8A9B79C45CCCE", "header": "Amount of voucher assistance" }, { "text": "125. Use of available rental assistance \nSection 521(d) of the Housing Act of 1949 ( 42 U.S.C. 1490a(d) ) is amended by adding at the end the following: (3) In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family— (A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of 6 months before such assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance on behalf of an eligible unassisted family that— (i) is residing in the same rental project that the assisted family resided in prior to such termination; or (ii) newly occupies a dwelling unit in such rental project during such period; and (B) except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide such assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or both sections 514 and 516..", "id": "HEC35ADA080D4407BBD54264C89F632FA", "header": "Use of available rental assistance" }, { "text": "126. Funding for multifamily technical improvements \nThere is authorized to be appropriated to the Secretary of Agriculture $50,000,000 for fiscal year 2022 for improving the technology of the Department of Agriculture used to process loans for multifamily housing and otherwise managing such housing. Such improvements shall be made within the 5-year period beginning upon the appropriation of such amounts and such amount shall remain available until the expiration of such 5-year period.", "id": "H8DCACF08937643A684A03692605BA1D3", "header": "Funding for multifamily technical improvements" }, { "text": "127. Plan for preserving affordability of rental projects \n(a) Plan \nNot later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (in this section referred to as the Secretary ) shall submit a written plan to Congress for preserving the affordability for low-income families of rental projects for which loans were made under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ) or made to nonprofit or public agencies under section 514 of that Act ( 42 U.S.C. 1484 ) and avoiding the displacement of tenant households, which shall— (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which such goals will be achieved; (3) set forth specific measurements by which progress towards achievement of each goal can be measured; (4) provide for detailed reporting on outcomes; and (5) include any legislative recommendations to assist in achievement of the goals under the plan. (b) Advisory committee \n(1) Establishment; purpose \nThe Secretary shall establish an advisory committee whose purpose shall be to assist the Secretary— (A) in preserving properties assisted under section 514 or 515 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485) that are owned by nonprofit or public agencies through the multifamily housing preservation and revitalization program under section 545 of that Act (as added by this subtitle); and (B) implementing the plan required under subsection (a) of this section. (2) Member \nThe advisory committee shall consist of 14 members, appointed by the Secretary, as follows: (A) A State Director of Rural Development for the Department of Agriculture. (B) The Administrator for Rural Housing Service of the Department of Agriculture. (C) Two representatives of for-profit developers or owners of multifamily rural rental housing. (D) Two representatives of nonprofit developers or owners of multifamily rural rental housing. (E) Two representatives of State housing finance agencies. (F) Two representatives of tenants of multifamily rural rental housing. (G) One representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections 514, 515, and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486). (H) One representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the Rural Housing Service by conducting research regarding, and providing financing and technical assistance for, preserving the affordability of such housing. (I) One representative of low-income housing tax credit investors. (J) One representative of regulated financial institutions that finance affordable multifamily rural rental housing developments. (3) Meetings \nThe advisory committee shall meet not less often than once each calendar quarter. (4) Functions \nIn providing assistance to the Secretary to carry out its purpose, the advisory committee shall carry out the following functions: (A) Assisting the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of rental housing portfolio of the Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing. (B) Reviewing current policies and procedures of the Rural Housing Service regarding preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486, 1490p–2), the Multifamily Preservation and Revitalization Demonstration program (commonly known as the MPR ), and the Rural Rental Assistance program under section 521 of the Housing Act of 1949 ( 42 U.S.C. 1490a ) and making recommendations regarding improvements and modifications to such policies and procedures. (C) Providing ongoing review of Rural Housing Service program results. (D) Providing reports to Congress and the public on meetings, recommendations, and other findings of the advisory committee.", "id": "HB2D703A8BD1E4CD2960270B92408D221", "header": "Plan for preserving affordability of rental projects" }, { "text": "128. Covered housing programs \nSection 41411(a)(3) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a)(3) ) is amended— (1) in subparagraph (I), by striking and at the end; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: (J) rural development housing voucher assistance provided by the Secretary of Agriculture under section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), without regard to subsection (b) of that section, and applicable appropriation Acts; and.", "id": "HCDA39440D7E54CE28F26BBC7D379353B", "header": "Covered housing programs" }, { "text": "201. Extension of period for rehabilitation expenditures \n(a) In general \nClause (ii) of section 42(e)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting (any 36-month period, in the case of buildings receiving an allocation of housing credit dollar amount before January 1, 2023) after 24-month period. (b) Conforming amendment \nSubparagraph (A) of section 42(e)(4) of the Internal Revenue Code of 1986 is amended by inserting (or 36-month period, if applicable) after 24-month period. (c) Effective date \nThe amendments made by this section shall apply to buildings receiving an allocation of housing credit dollar amount after December 31, 2017.", "id": "id931C864FE925418ABEF27AB73BDB9E79", "header": "Extension of period for rehabilitation expenditures" }, { "text": "202. Extension of basis expenditure deadline \n(a) In general \nClause (i) of section 42(h)(1)(E) of the Internal Revenue Code of 1986 is amended by inserting (the third calendar year, in the case of an allocation made before January 1, 2023) after second calendar year. (b) Qualified building \nClause (ii) of section 42(h)(1)(E) of the Internal Revenue Code of 1986 is amended— (1) by striking the date which is 1 year after the date that the allocation was made and inserting the applicable date ; (2) by inserting (or third, if applicable) after second in the first sentence; (3) by inserting (or third) after second in the second sentence; (4) by striking building.—For purposes of and inserting “ building.— (I) In general \nFor purposes of ; and (5) by adding at the end the following new subclause: (II) Applicable date \nFor purposes of subclause (I), the applicable date is 1 year after the date that the allocation was made with respect to the building (2 years, in the case of allocations made before January 1, 2023).. (c) Effective date \nThe amendments made by this section shall apply to buildings receiving an allocation of housing credit dollar amount after December 31, 2017.", "id": "id2B18067B332E40769886378E92C5A5FD", "header": "Extension of basis expenditure deadline" }, { "text": "203. Tax-exempt bond financing requirement \n(a) In general \nSubparagraph (B) of section 42(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: The preceding sentence shall be applied by substituting 25 percent for 50 percent in the case of any building which is financed by any obligation issued in calendar year 2021, 2022, 2023, or 2024 (and not by any previously issued obligation).. (b) Effective date \nThe amendment made by this section shall apply to buildings placed in service in taxable years beginning after December 31, 2021.", "id": "idFF88B992599C4096AE6F0213AAE2D519", "header": "Tax-exempt bond financing requirement" }, { "text": "204. Increases in State allocations \n(a) In general \nClause (ii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended— (1) by striking $1.75 in subclause (I) and inserting $4.92 ($3.88 in the case of calendar year 2021) ; and (2) by striking $2,000,000 in subclause (II) and inserting $5,670,462 ($4,462,734 in the case of calendar year 2021). (b) Cost-of-Living adjustment \nSubparagraph (H) of section 42(h)(3) of such Code is amended— (1) by striking 2002 in clause (i) and inserting 2022 ; (2) by striking the $2,000,000 and $1.75 amounts in subparagraph (C) in clause (i) and inserting the dollar amounts applicable to such calendar year under subclauses (I) and (II) of subparagraph (C)(ii) ; (3) by striking 2001 in clause (i)(II) and inserting 2021 ; (4) by striking $2,000,000 amount in clause (ii)(I) and inserting amount under subparagraph (C)(ii)(II) ; and (5) by striking $1.75 amount in clause (ii)(II) and inserting amount under subparagraph (C)(ii)(I). (c) Effective date \nThe amendments made by this section shall apply to calendar years beginning after December 31, 2020.", "id": "id64CDC347C70D4D08AC8C9F7BB1E91C5D", "header": "Increases in State allocations" }, { "text": "205. Buildings designated to serve extremely low-income households \n(a) Reserved State allocation \n(1) In general \nSubsection (h) of section 42 of the Internal Revenue Code of 1986 is amended— (A) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (B) by inserting after paragraph (5) the following new paragraph: (6) Portion of State ceiling set-aside for projects designated to serve extremely low-income households \n(A) In general \nNot more than 90 percent of the State housing credit ceiling for any State for any calendar year shall be allocated to buildings other than buildings described in subparagraph (B). (B) Buildings described \nA building is described in this subparagraph if 20 percent or more of the residential units in such building are rent-restricted (determined as if the imputed income limitation applicable to such units were 30 percent of area median gross income) and are designated by the taxpayer for occupancy by households the aggregate household income of which does not exceed the greater of— (i) 30 percent of area median gross income, or (ii) 100 percent of an amount equal to the Federal poverty line (within the meaning of section 36B(d)(3)). (C) State may not override set-aside \nNothing in subparagraph (F) of paragraph (3) shall be construed to permit a State not to comply with subparagraph (A) of this paragraph.. (2) Conforming amendment \nSection 42(b)(4)(C) of the Internal Revenue Code of 1986 is amended by striking (h)(7) and inserting (h)(8). (b) Increase in credit \nParagraph (5) of section 42(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Increase in credit for projects designated to serve extremely low-income households \nIn the case of any building— (i) which is described in subsection (h)(6)(B), and (ii) which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, subparagraph (B) shall not apply to the portion of such building which is comprised of such units, and the eligible basis of such portion of the building shall be 150 percent of such basis determined without regard to this subparagraph.. (c) Effective date \nThe amendments made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt bonds as described in section 42(h)(4) of the Internal Revenue Code of 1986, which receive a determination of housing credit dollar amount, after the date of the enactment of this Act.", "id": "id4514045BE71D4694960CDAE0831552CB", "header": "Buildings designated to serve extremely low-income households" }, { "text": "206. Inclusion of Indian areas as difficult development areas for purposes of certain buildings \n(a) In general \nSubclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: , and any Indian area. (b) Indian area \nClause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclause (II) as subclause (IV) and by inserting after subclause (I) the following new subclauses: (II) Indian area \nFor purposes of subclause (I), the term Indian area means any Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4103(11) )). (III) Special rule for buildings in Indian areas \nIn the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) or the project sponsor is an Indian tribe (as defined in section 45A(c)(6)), a tribally designated housing entity (as defined in section 4(22) of such Act ( 25 U.S.C. 4103(22) )), or wholly owned or controlled by such an Indian tribe or tribally designated housing entity.. (c) Effective date \nThe amendments made by this section shall apply to buildings placed in service after December 31, 2021.", "id": "id60AE639ED7044B3597F7E3CFF46168AE", "header": "Inclusion of Indian areas as difficult development areas for purposes of certain buildings" }, { "text": "207. Inclusion of rural areas as difficult development areas \n(a) In general \nSubclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986, as amended by section 206, is further amended by inserting , any rural area after median gross income. (b) Rural area \nClause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by section 206, is further amended by redesignating subclause (IV) as subclause (V) and by inserting after subclause (III) the following new subclause: (IV) Rural area \nFor purposes of subclause (I), the term rural area means any non-metropolitan area, or any rural area as defined by section 520 of the Housing Act of 1949, which is identified by the qualified allocation plan under subsection (m)(1)(B).. (c) Effective date \nThe amendments made by this section shall apply to buildings placed in service after December 31, 2021.", "id": "id5A97BFC5E6714FACB332C780369FE733", "header": "Inclusion of rural areas as difficult development areas" }, { "text": "208. Increase in credit for bond-financed projects designated by housing credit agency \n(a) In general \nClause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by striking the second sentence. (b) Technical amendments \nClause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended— (1) by striking State in the heading; and (2) by striking State housing credit agency and inserting housing credit agency. (c) Effective date \nThe amendments made by this section shall apply to buildings which receive a determination of housing credit dollar amount after the date of the enactment of this Act.", "id": "id02165DC6E9CF4F5682FAE5D77ECA9D98", "header": "Increase in credit for bond-financed projects designated by housing credit agency" }, { "text": "209. Repeal of qualified contract option \n(a) Termination of option for certain buildings \n(1) In general \nSubclause (II) of section 42(h)(7)(E)(i) of the Internal Revenue Code of 1986, as redesignated by section 205, is amended by inserting in the case of a building described in clause (iii), before on the last day. (2) Buildings described \nSubparagraph (E) of section 42(h)(7) of such Code, as so redesignated, is amended by adding at the end the following new clause: (iii) Buildings described \nA building described in this clause is a building— (I) which received its allocation of housing credit dollar amount before January 1, 2021, or (II) in the case of a building any portion of which is financed as described in paragraph (4), which received before January 1, 2021, a determination from the issuer of the tax-exempt bonds or the housing credit agency that the building is eligible to receive an allocation of housing credit dollar amount under the rules of paragraphs (1) and (2) of subsection (m).. (b) Rules relating to existing projects \nSubparagraph (F) of section 42(h)(7) of the Internal Revenue Code of 1986, as redesignated by section 205, is amended by striking the nonlow-income portion and all that follows and inserting the nonlow-income portion and the low-income portion of the building for fair market value (determined by the housing credit agency by taking into account the rent restrictions required for the low-income portion of the building to continue to meet the standards of paragraphs (1) and (2) of subsection (g)). The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this paragraph.. (c) Conforming amendments \n(1) Paragraph (7) of section 42(h) of the Internal Revenue Code of 1986, as redesignated by section 205, is amended by striking subparagraph (G) and by redesignating subparagraphs (H), (I), (J), and (K) as subparagraphs (G), (H), (I), and (J), respectively. (2) Subclause (II) of section 42(h)(7)(E)(i) of such Code, as so redesignated and as amended by subsection (a), is further amended by striking subparagraph (I) and inserting subparagraph (H). (d) Technical amendment \nSubparagraph (I) of section 42(h)(7) of the Internal Revenue Code of 1986, as redesignated by section 205 and subsection (c), is amended by striking agreement and inserting commitment. (e) Effective date \nThe amendments made by this section shall apply to buildings with respect to which a written request described in section 42(h)(7)(H) of the Internal Revenue Code of 1986, as redesignated by section 205 and subsection (c), is submitted after the date of the enactment of this Act.", "id": "id26CEAA8CABDC422C9BDA17B935D05ADD", "header": "Repeal of qualified contract option" }, { "text": "210. Modification and clarification of rights relating to building purchase \n(a) Modification of right of first refusal \n(1) In general \nSubparagraph (A) of section 42(i)(7) of the Internal Revenue Code of 1986 is amended by striking a right of 1st refusal and inserting an option. (2) Conforming amendment \nThe heading of paragraph (7) of section 42(i) of such Code is amended by striking right of 1st refusal and inserting option. (b) Clarification with respect to right of first refusal and purchase options \n(1) Purchase of partnership interest \nSubparagraph (A) of section 42(i)(7) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by striking the property and inserting the property or all of the partnership interests (other than interests of the person exercising such option or a related party thereto (within the meaning of section 267(b) or 707(b)(1))) relating to the property. (2) Property includes assets relating to the building \nParagraph (7) of section 42(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Property \nFor purposes of subparagraph (A), the term property may include all or any of the assets held for the development, operation, or maintenance of a building.. (3) Exercise of right of first refusal and purchase options \nSubparagraph (A) of section 42(i)(7) of the Internal Revenue Code of 1986, as amended by subsection (a) and paragraph (1)(A), is amended by adding at the end the following: “For purposes of determining whether an option, including a right of first refusal, to purchase property or partnership interests holding (directly or indirectly) such property is described in the preceding sentence— (i) such option or right of first refusal shall be exercisable with or without the approval of any owner of the project (including any partner, member, or affiliated organization of such an owner), and (ii) a right of first refusal shall be exercisable in response to any offer to purchase the property or partnership interests, including an offer by a related party.. (c) Conforming amendments \nSubparagraph (B) of section 42(i)(7) of the Internal Revenue Code of 1986 is amended by striking the sum of and all that follows and inserting the principal amount of outstanding indebtedness secured by the building (other than indebtedness incurred within the 5-year period ending on the date of the sale to the tenants). In the case of a purchase of a partnership interest, the minimum purchase price is an amount not less than such interest's ratable share of the amount determined under the first sentence of this subparagraph.. (d) Effective dates \n(1) Modification of right of first refusal \nThe amendment made by subsection (a) shall apply to agreements entered into or amended after the date of the enactment of this Act. (2) Clarification \nThe amendments made by subsections (b) and (c) shall apply to agreements among the owners of the project (including partners, members, and their affiliated organizations) and persons described in section 42(i)(7)(A) of the Internal Revenue Code of 1986 entered into before, on, or after the date of the enactment of this Act. (3) No effect on agreements \nNone of the amendments made by this section is intended to supersede express language in any agreement with respect to the terms of a right of first refusal or option permitted by section 42(i)(7) of the Internal Revenue Code of 1986 in effect on the date of the enactment of this Act.", "id": "idB3C81427D98C4823AE8B7CA5A69F1982", "header": "Modification and clarification of rights relating to building purchase" }, { "text": "211. Prohibition of local approval and contribution requirements \n(a) In general \nParagraph (1) of section 42(m) of the Internal Revenue Code of 1986 is amended— (1) by striking clause (ii) of subparagraph (A) and by redesignating clauses (iii) and (iv) thereof as clauses (ii) and (iii); and (2) by adding at the end the following new subparagraph: (E) Local approval or contribution not taken into account \nThe selection criteria under a qualified allocation plan shall not include consideration of— (i) any support or opposition with respect to the project from local or elected officials, or (ii) any local government contribution to the project, except to the extent such contribution is taken into account as part of a broader consideration of the project's ability to leverage outside funding sources, and is not prioritized over any other source of outside funding.. (b) Effective date \nThe amendments made by this section shall apply to allocations of housing credit dollar amounts made after December 31, 2021.", "id": "idB8A024E5DCB24E4584A3C71D82C7FFDF", "header": "Prohibition of local approval and contribution requirements" }, { "text": "212. Adjustment of credit to provide relief during COVID–19 outbreak \n(a) In general \nAt the election of a taxpayer who is an owner of an eligible low-income building— (1) the credit determined under section 42 of the Internal Revenue Code of 1986 for the first or second taxable year of such building’s credit period ending on or after July 1, 2020, shall be 150 percent of the amount which would (but for this subsection) be so allowable with respect to such building for such taxable year; and (2) the aggregate credits allowable under such section with respect to such building shall be reduced, on a pro rata basis for each subsequent taxable year in the credit period, by the increase in the credit allowed by reason of paragraph (1) with respect to such first or second taxable year. The preceding sentence shall not be construed to affect whether any taxable year is part of the credit, compliance, or extended use periods for purposes of such section 42. (b) Eligible low-Income building \nFor purposes of this section, the term eligible low-income building means a qualified low-income building with respect to which— (1) the first year in the credit period ends on or after July 1, 2020, and before July 1, 2022; and (2) construction or leasing delays have occurred after January 31, 2020, due to the outbreak of coronavirus disease 2019 (COVID–19) in the United States. (c) Election \n(1) In general \nThe election under subsection (a) shall be made at such time and in such manner as shall be prescribed by the Secretary of the Treasury (or the Secretary's delegate) and, once made, shall be irrevocable by the taxpayer and any successor in ownership. (2) Partnerships \nIn the case of an eligible low-income building owned by a partnership or S corporation, such election shall be made at the entity level. (3) Certification \nAn owner making such election shall provide to the housing credit agency, at the same time and in addition to such other information as may be required under section 42(l)(1) of the Internal Revenue Code of 1986 with respect to the building, a certification that the purpose of making such election is to offset any reductions in capital or additional costs arising by reason of the outbreak of coronavirus disease 2019 (COVID–19) in the United States. Such certification shall include any documentation which the housing credit agency may request. (d) Definitions \nAny term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section.", "id": "id366DA1109A474023B480420F2774B19D", "header": "Adjustment of credit to provide relief during COVID–19 outbreak" }, { "text": "213. Increase in credit for low-income housing supportive services \n(a) In general \nParagraph (5) of section 42(d) of the Internal Revenue Code of 1986, as amended by section 205, is further amended by adding at the end the following new subparagraphs: (D) Increase in credit for providing supportive services \n(i) In general \nIn the case of any building which includes common areas, or property used therein, dedicated to the provision of on-site qualified supportive services, except as provided in subparagraphs (E) and (F), the eligible basis of the portion of the building which is comprised of such areas or property (after the application of subparagraphs (A) and (B)) shall be increased by an amount equal to 50 percent of such basis determined without regard to this subparagraph and subparagraphs (B) and (C). (ii) Qualified supportive services \nFor purposes of clause (i), the term qualified supportive services means services— (I) provided by the owner of a building (directly or through contracts with third-party service providers) primarily to tenants of the building, (II) which are intended to promote economic self-sufficiency and physical and mental health and well-being in pursuit of retaining permanent housing, including childcare or eldercare services, health services, coordination of tenant benefits, job training, financial counseling, resident engagement services, or such other similar services as may be defined by the allocating agency in the qualified allocation plan, (III) which are provided to tenants and other beneficiaries as may be specified by the housing credit agency, including specifications as to which services may be provided to non-tenants, (IV) which are provided at no cost to beneficiaries other than any fee, copay, or coinsurance customarily charged by service providers for similar services, and (V) usage of or participation in which is not a condition of tenancy in the building. Such term includes reasonable and necessary measures for the provision of such services, including measures to engage tenants and other beneficiaries in and coordinate such services, and measures required to obtain the certification described in subparagraph (E)(ii)(III). (E) Extended supportive services commitment \n(i) In general \nSubparagraph (D)(i) shall not apply to a building for any taxable year unless an extended supportive services commitment is in effect for such taxable year. (ii) Extended supportive services commitment \nThe term extended supportive services commitment means any agreement between the owner of a building and the housing credit agency which— (I) provides estimates of the amounts to be spent, updated at least once every 5 years, on the provision of qualified supportive services to tenants of such building and other beneficiaries for each taxable year remaining in the credit period, (II) requires the designation of one or more individuals to engage tenants regarding and coordinate delivery of qualified supportive services, (III) requires the maintenance of an appropriate certification, as determined by the Secretary in consultation with the housing credit agencies, for qualified supportive services, subject to recertification at least once every 5 years, (IV) requires appropriate annual reporting to the housing credit agency on expenditures and outcomes, as determined by such agency, and (V) is binding on all successors in ownership of such building. (iii) Exceptions if foreclosure or if no buyer willing to maintain services \nThe requirement of clause (ii)(V) for any building shall terminate on the date the building is acquired by foreclosure (or instrument in lieu of foreclosure) unless the housing credit agency determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such requirement. (iv) Effect of noncompliance \nIf, during a taxable year, there is a determination by the housing credit agency that an extended supportive services commitment was not in effect as of the beginning of such year or that there is evidence of other noncompliance as determined by the housing credit agency (including failure to provide qualified supportive services)— (I) such determination shall not apply to any period before such year and subparagraph (D)(i) shall apply to such taxable year without regard to such determination if the failure is corrected within 1 year from the date of the determination, and (II) in the case of any year to which such determination does apply, if the failure is not corrected within 1 year from the date of the determination, the credit recapture amount under subsection (j)(1) for the year in which such 1 year period expires shall be increased by the amount of any increase in the credit under this section by reason of subparagraph (D)(i) for the year to which the determination applies. (v) Projects which consist of more than 1 building \nRules similar to the rules of subsection (h)(7)(J) shall apply. (F) Responsibilities of housing credit agency \nSubparagraph (D)(i) shall not apply to a building for any taxable year unless— (i) the housing credit agency sets forth criteria— (I) to determine appropriate, evidence-based supportive services, (II) for the selection of appropriate and competent service providers, and (III) which common areas or property described in subparagraph (D)(i) shall meet in order to qualify for the increase in credit under subparagraph (D), (ii) the housing credit agency provides a procedure that the agency (or an agent or other private contractor of such agency) shall follow in monitoring for noncompliance with the provisions of this subparagraph and subparagraphs (D) and (E) and in reporting such noncompliance to the Secretary, and (iii) appropriate books and records for expenditures with respect to the qualified supportive services are maintained on an annual basis, and are available for inspection upon request by the housing credit agency.. (b) Effective date \nThe amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt obligations as described in section 42(h)(4) of the Internal Revenue Code of 1986, which are first taken into account under section 146 of such Code, after the date of the enactment of this Act.", "id": "id84CDB4F4BB1F4B6591A96FFE31420895", "header": "Increase in credit for low-income housing supportive services" }, { "text": "214. Study of tax incentives for the conversion of commercial property to affordable housing \nWithin 6 months of the date of the enactment of this Act, the Secretary of the Treasury, the Secretary of Housing and Urban Development, the Deputy Under Secretary for Rural Development of the Department of Agriculture, and the Director of the Office of Management and Budget shall collaborate to produce a cost-benefit analysis of providing tax incentives, including the non-recognition of capital gains, to the owners of vacant or under-utilized commercial real estate in exchange for selling these properties to State, local, or tribal housing finance agencies for conversion to affordable rental housing for low-income residents, including shelters for the homeless.", "id": "id003ed47d94a94062b6205d7678a886f1", "header": "Study of tax incentives for the conversion of commercial property to affordable housing" }, { "text": "215. Renters credit \n(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Renters credit \n(a) Allowance of credit \n(1) In general \nThere shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the amounts determined under paragraph (2) for all qualified buildings with a credit period which includes months occurring during the taxable year. (2) Qualified building amount \nThe amount determined under this paragraph with respect to any qualified building for any taxable year shall be an amount equal to the lesser of— (A) the aggregate qualified rental reduction amounts for all eligible units within such building for months occurring during the taxable year which are within the credit period for such building, or (B) the rental reduction credit amount allocated to such building for such months. (3) Qualified building \nFor purposes of this section— (A) In general \nThe term qualified building means any building which is residential rental property (as defined in section 168(e)(2)(A)) of the taxpayer with respect to which— (i) a rental reduction credit amount has been allocated by a rental reduction credit agency of a State, and (ii) a qualified rental reduction agreement is in effect. (B) Building not disqualified by other assistance \nA building shall not fail to be treated as a qualified building merely because— (i) a credit was allowed under section 42 with respect to such building or there was any other Federal assistance in the construction or rehabilitation of such building, (ii) the rehabilitation credit determined under section 47 was allowed under section 38 with respect to such building, or (iii) Federal rental assistance was provided for such building during any period preceding the credit period. (b) Qualified rental reduction amount \nFor purposes of this section— (1) In general \nThe term qualified rental reduction amount means, with respect to any eligible unit for any month, an amount equal to the applicable percentage (as determined under subsection (e)(1)) of the excess of— (A) the applicable rent for such unit, over (B) the family rental payment required for such unit. (2) Applicable rent \n(A) In general \nThe term applicable rent means, with respect to any eligible unit for any month, the lesser of— (i) the amount of rent which would be charged for a substantially similar unit with the same number of bedrooms in the same building which is not an eligible unit, or (ii) an amount equal to the market rent standard for such unit. (B) Market rent standard \n(i) In general \nThe market rent standard with respect to any eligible unit is— (I) the small area fair market rent determined by the Secretary of Housing and Urban Development for units with the same number of bedrooms in the same zip code tabulation area, or (II) if there is no rent described in subclause (I) for such area, the fair market rent determined by such Secretary for units with the same number of bedrooms in the same county. (ii) State option \nA State may in its rental reduction allocation plan provide that the market rent standard for all (or any part) of a zip code tabulation area or county within the State shall be equal to a percentage (not less than 75 nor more than 125) of the amount determined under clause (i) (after application of clause (iii)) for such area or county. (iii) Minimum amount \nNotwithstanding clause (i), the market rent standard with respect to any eligible unit for any year in the credit period after the first year in the credit period for such unit shall not be less than the market rent standard determined for such first year. (3) Family rental payment requirements \n(A) In general \nEach qualified rental reduction agreement with respect to any qualified building shall require that the family rental payment for an eligible unit within such building for any month shall be equal to the lesser of— (i) 30 percent of the monthly family income of the residents of the unit (as determined under subsection (e)(5)), or (ii) the applicable rent for such unit. (B) Utility costs \nAny utility allowance (determined by the Secretary in the same manner as under section 42(g)(2)(B)(ii)) paid by residents of an eligible unit shall be taken into account as rent in determining the family rental payment for such unit for purposes of this paragraph. (c) Rental reduction credit amount \nFor purposes of this section— (1) Determination of amount \n(A) In general \nThe term rental reduction credit amount means, with respect to any qualified building, the dollar amount which is allocated to such building (and to eligible units within such building) under this subsection. Such dollar amount shall be allocated to months in the credit period with respect to such building (and such units) on the basis of the estimates described in paragraph (2)(B). (B) Allocation on project basis \nIn the case of a project which includes (or will include) more than 1 building, the rental reduction credit amount shall be the dollar amount which is allocated to such project for all buildings included in such project. Subject to the limitation under subsection (e)(3)(B), such amount shall be allocated among such buildings in the manner specified by the taxpayer unless the qualified rental reduction agreement with respect to such project provides for such allocation. (2) State allocation \n(A) In general \nExcept as provided in subparagraph (C), each rental reduction credit agency of a State shall each calendar year allocate its portion of the State rental reduction credit ceiling to qualified buildings (and to eligible units within each such building) in accordance with the State rental reduction allocation plan. (B) Allocations to each building \nThe rental reduction credit amount allocated to any qualified building shall not exceed the aggregate qualified rental reduction amounts which such agency estimates will occur over the credit period for eligible units within such building, based on reasonable estimates of rents, family incomes, and vacancies in accordance with procedures established by the State as part of its State rental reduction allocation plan. (C) Specific allocations \n(i) Nonprofit organizations \nAt least 25 percent of the State rental reduction credit ceiling for any State for any calendar year shall be allocated to qualified buildings in which a qualified nonprofit organization (as defined in section 42(h)(5)(C)) owns (directly or through 1 or more partnerships) an interest and materially participates (within the meaning of section 469(h)) in the operation of the building throughout the credit period. A State may waive or lower the requirement under this clause for any calendar year if it determines that meeting such requirement is not feasible. (ii) Rural areas \n(I) In general \nThe State rental reduction credit ceiling for any State for any calendar year shall be allocated to buildings in rural areas (as defined in section 520 of the Housing Act of 1949) in an amount which, as determined by the Secretary of Housing and Urban Development, bears the same ratio to such ceiling as the number of extremely low-income households with severe rent burdens in such rural areas bears to the total number of such households in the State. (II) Alternative 5-year testing period \nIn the case of the 5-calendar year period beginning in 2021, a State shall not be treated as failing to meet the requirements of subclause (I) for any calendar year in such period if, as determined by the Secretary, the average annual amount allocated to such rural areas during such period meets such requirements. (3) Application of allocated credit amount \n(A) Amount available to taxpayer for all months in credit period \nAny rental reduction credit amount allocated to any qualified building out of the State rental reduction credit ceiling for any calendar year shall apply to such building for all months in the credit period ending during or after such calendar year. (B) Ceiling for allocation year reduced by entire credit amount \nAny rental reduction credit amount allocated to any qualified building out of an allocating agency's State rental reduction credit ceiling for any calendar year shall reduce such ceiling for such calendar year by the entire amount so allocated for all months in the credit period (as determined on the basis of the estimates under paragraph (2)(B)) and no reduction shall be made in such agency's State rental reduction credit ceiling for any subsequent calendar year by reason of such allocation. (4) State rental reduction credit ceiling \n(A) In general \nThe State rental reduction credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) the per capita dollar amount multiplied by the State population, or (II) the minimum ceiling amount, plus (ii) the amount of the State rental reduction credit ceiling returned in the calendar year. (B) Return of State ceiling amounts \nFor purposes of subparagraph (A)(ii), except as provided in subsection (d)(2), the amount of the State rental reduction credit ceiling returned in a calendar year equals the amount of the rental reduction credit amount allocated to any building which, after the close of the calendar year for which the allocation is made— (i) is canceled by mutual consent of the rental reduction credit agency and the taxpayer because the estimates made under paragraph (2)(B) were substantially incorrect, or (ii) is canceled by the rental reduction credit agency because the taxpayer violates the qualified rental reduction agreement and, under the terms of the agreement, the rental reduction credit agency is authorized to cancel all (or any portion) of the allocation by reason of the violation. (C) Per capita dollar amount; minimum ceiling amount \nFor purposes of this paragraph— (i) Per capita dollar amount \nThe per capita dollar amount is— (I) for calendar year 2021, $12.30, (II) for calendar year 2022, $24.50, and (III) for calendar years 2023 and thereafter, $36.75. (ii) Minimum ceiling amount \nThe minimum ceiling amount is— (I) for calendar year 2021, $14,000,000, (II) for calendar year 2022, $28,000,000, and (III) for calendar years 2023 and thereafter, $42,000,000. (iii) Cost-of-living adjustment \nIn the case of a calendar year beginning after 2023, the $36.75 and $42,000,000 amounts in clauses (i)(III) and (ii)(III) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. In the case of the $42,000,000 amount, any increase under this clause which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000 and in the case of the $36.75 amount, any increase under this clause which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (D) Population \nFor purposes of this paragraph, population shall be determined in accordance with section 146(j). (E) Unused rental reduction credit allocated among certain States \n(i) In general \nThe unused rental reduction credit of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. (ii) Unused rental reduction credit \nFor purposes of this subparagraph, the unused rental reduction credit of a State for any calendar year is the excess (if any) of— (I) the State rental reduction credit ceiling for the year preceding such year, over (II) the aggregate rental reduction credit amounts allocated for such year. (iii) Formula for allocation of unused credit among qualified States \nThe amount allocated under this subparagraph to a qualified State for any calendar year shall be the amount determined by the Secretary to bear the same ratio to the aggregate unused rental reduction credits of all States for the preceding calendar year as such State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). (iv) Qualified State \nFor purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I) which allocated its entire State rental reduction credit ceiling for the preceding calendar year, and (II) for which a request is made (at such time and in such manner as the Secretary may prescribe) to receive an allocation under clause (iii). (5) Other definitions \nFor purposes of this section— (A) Rental reduction credit agency \nThe term rental reduction credit agency means any agency authorized by a State to carry out this section. Such authorization shall include the jurisdictions within the State where the agency may allocate rental reduction credit amounts. (B) Possessions treated as States \nThe term State includes a possession of the United States. (C) Family \nThe term family has the same meaning as when used in the United States Housing Act of 1937. (d) Modifications To correct inaccurate amounts due to incorrect estimates \n(1) Establishment of reserves \n(A) In general \nEach rental reduction credit agency of a State shall establish a reserve for the transfer and reallocation of amounts pursuant to this paragraph, and notwithstanding any other provision of this section, the rental reduction credit amount allocated to any building by such agency shall be zero unless such agency has in effect such a reserve at the time of the allocation of such credit amount. (B) Transfers to reserve \n(i) In general \nIf, for any taxable year, a taxpayer would (but for this subparagraph) not be able to use the entire rental reduction credit amount allocated to a qualified building by a rental reduction credit agency of a State for the taxable year because of a rental reduction shortfall, then the taxpayer shall for the taxable year transfer to the reserve established by such agency under subparagraph (A) an amount equal to such rental reduction shortfall. (ii) Rental reduction shortfall \nFor purposes of this subparagraph, the rental reduction shortfall for any qualified building for any taxable year is the amount by which the aggregate amount of the excesses determined under subsection (b)(1) for all eligible units within such building are less than such aggregate amount estimated under subsection (c)(2)(B) for the taxable year. (iii) Treatment of transferred amount \nFor purposes of subsection (a)(2)(A), the aggregate qualified rental reduction amounts for all eligible units within a qualified building with respect to which clause (i) applies for any taxable year shall be increased by an amount equal to the applicable percentage (determined under subsection (e)(1) for the building) of the amount of the transfer to the reserve under clause (i) with respect to such building for such taxable year. (C) Reallocation of amounts transferred \n(i) In general \nIf, for any taxable year— (I) the aggregate qualified rental reduction amounts for all eligible units within a qualified building for the taxable year, exceed (II) the rental reduction credit amount allocated to such building by a rental reduction credit agency of a State for the taxable year (determined after any increase under paragraph (2)), the rental reduction credit agency shall, upon application of the taxpayer, pay to the taxpayer from the reserve established by such agency under subparagraph (A) the amount which, when multiplied by the applicable percentage (determined under subsection (e)(1) for the building), equals such excess. If the amount in the reserve is less than the amounts requested by all taxpayers for taxable years ending within the same calendar year, the agency shall ratably reduce the amount of each payment otherwise required to be made. (ii) Excess reserve amounts \nIf a rental reduction credit agency of a State determines that the balance in its reserve is in excess of the amounts reasonably needed over the following 5 calendar years to make payments under clause (i), the agency may withdraw such excess but only to— (I) reduce the rental payments of eligible tenants in a qualified building in units other than eligible units, or of eligible tenants in units in a building other than a qualified building, to amounts no higher than the sum of rental payments required for eligible tenants in qualified buildings under subsection (b)(3) and any rental charges to such tenants in excess of the market rent standard; or (II) address maintenance and repair needs in qualified buildings that cannot reasonably be met using other resources available to the owners of such buildings. (D) Administration \nEach rental reduction credit agency of a State shall establish procedures for the timing and manner of transfers and payments made under this paragraph. (E) Special rule for projects \nIn the case of a rental reduction credit allocated to a project consisting of more than 1 qualified building, a taxpayer may elect to have this paragraph apply as if all such buildings were 1 qualified building if the applicable percentage for each such building is the same. (F) Alternative methods of transfer and reallocation \nUpon request to, and approval by, the Secretary, a State may establish an alternative method for the transfer and reallocation of amounts otherwise required to be transferred to, and allocated from, a reserve under this paragraph. Any State adopting an alternative method under this subparagraph shall, at such time and in such manner as the Secretary prescribes, provide to the Secretary and the Secretary of Housing and Urban Development detailed reports on the operation of such method, including providing such information as such Secretaries may require. (2) Allocation of returned State ceiling amounts \nIn the case of any rental reduction credit amount allocated to a qualified building which is canceled as provided in subsection (c)(4)(B)(i), the rental reduction credit agency may, in lieu of treating such allocation as a returned credit amount under subsection (c)(4)(A)(ii), elect to allocate, upon the request of the taxpayer, such amount to any other qualified building for which the credit amount allocated in any preceding calendar year was too small because the estimates made under subsection (c)(2)(B) were substantially incorrect. (3) Renting to noneligible tenants \nIf, after the application of paragraphs (1)(C) (or any similar reallocation under paragraph (1)(F)) and (2), a rental reduction credit agency of a State determines that, because of the incorrect estimates under subsection (c)(2)(B), the aggregate qualified rental reduction amounts for all eligible units within a qualified building will (on an ongoing basis) exceed the rental reduction credit amount allocated to such building, a taxpayer may elect, subject to subsection (g)(2) and only to the extent necessary to eliminate such excess, rent vacant eligible units without regard to the requirements that such units be rented only to eligible tenants and at the rental rate determined under subsection (b)(3). (e) Terms relating to rental reduction credit and requirements \nFor purposes of this section— (1) Applicable percentage \n(A) In general \nThe term applicable percentage means, with respect to any qualified building, the percentage (not greater than 110 percent) set by the rental reduction credit agency at the time it allocates the rental reduction dollar amount to such building. (B) Higher percentage for high-opportunity areas \nThe rental reduction credit agency may set a percentage under subparagraph (A) up to 120 percent for any qualified building which— (i) targets its eligible units for rental to families with children, and (ii) is located in a neighborhood which has a poverty rate of no more than 10 percent. (2) Credit period \n(A) In general \nThe term credit period means, with respect to any qualified building, the 15-year period beginning with the first month for which the qualified rental reduction agreement is in effect with respect to such building. (B) State option to reduce period \nA rental reduction credit agency may provide a credit period for any qualified building which is less than 15 years. (3) Eligible unit \n(A) In general \nThe term eligible unit means, with respect to any qualified building, a unit— (i) which is occupied by an eligible tenant, (ii) the rent of which for any month equals 30 percent of the monthly family income of the residents of such unit (as determined under paragraph (5)), (iii) with respect to which the tenant is not concurrently receiving rental assistance under any other Federal program, and (iv) which is certified to the rental reduction credit agency as an eligible unit for purposes of this section and the qualified rental reduction agreement. Notwithstanding clause (iii), a State may provide in its State rental reduction allocation plan that an eligible unit shall also not include a unit with respect to which any resident is receiving rental assistance under a State or local program. (B) Limitation on number of units \n(i) In general \nThe number of units which may be certified as eligible units with respect to any qualified building under subparagraph (A)(iv) at any time shall not exceed the greater of— (I) 40 percent of the total units in such building, or (II) 25 units. In the case of an allocation to a project under subsection (c)(1)(B), the limitation under the preceding sentence shall be applied on a project basis and the certification of such eligible units shall be allocated to each building in the project, except that if buildings in such project are on non-contiguous tracts of land, buildings on each such tract shall be treated as a separate project for purposes of applying this sentence. (ii) Buildings receiving previous Federal rental assistance \nIf, at any time prior to the entering into of a qualified rental reduction agreement with respect to a qualified building, tenants in units within such building had been receiving project-based rental assistance under any other Federal program, then, notwithstanding clause (i), the maximum number of units which may be certified as eligible units with respect to the building under subparagraph (A)(iv) shall not be less than the sum of— (I) the maximum number of units in the building previously receiving such assistance at any time before the agreement takes effect, plus (II) the amount determined under clause (i) without taking into account the units described in subclause (I). (4) Eligible tenant \n(A) In general \nThe term eligible tenant means any individual if the individual's family income does not exceed the greater of— (i) 30 percent of the area median gross income (as determined under section 42(g)(1)), or (ii) the applicable poverty line for a family of the size involved. (B) Treatment of individuals whose incomes rise above limit \n(i) In general \nNotwithstanding an increase in the family income of residents of a unit above the income limitation applicable under subparagraph (A), such residents shall continue to be treated as eligible tenants if the family income of such residents initially met such income limitation and such unit continues to be certified as an eligible unit under this section. (ii) No rental reduction for at least 2 years \nA qualified rental reduction agreement with respect to a qualified building shall provide that if, by reason of an increase in family income described in clause (i), there is no qualified rental reduction amount with respect to the dwelling unit for 2 consecutive years, the taxpayer shall rent the next available unit to an eligible tenant (without regard to whether such unit is an eligible unit under this section). (C) Applicable poverty line \nThe term applicable poverty line means the most recently published poverty line (within the meaning of section 2110(c)(5) of the Social Security Act ( 42 U.S.C. 1397jj(c)(5) )) as of the time of the determination as to whether an individual is an eligible tenant. (5) Family income \n(A) In general \nFamily income shall be determined in the same manner as under section 8 of the United States Housing Act of 1937. (B) Time for determining income \n(i) In general \nExcept as provided in this subparagraph, family income shall be determined at least annually on the basis of income for the preceding calendar year. (ii) Families on fixed income \nIf at least 90 percent of the family income of the residents of a unit at the time of any determination under clause (i) is derived from payments under title II or XVI of the Social Security Act (or any similar fixed income amounts specified by the Secretary), the taxpayer may elect to treat such payments (or amounts) as the family income of such residents for the year of the determination and the 2 succeeding years, except that the taxpayer shall, in such manner as the Secretary may prescribe, adjust such amount for increases in the cost of living. (iii) Initial income \nThe Secretary may allow a State to provide that the family income of residents at the time such residents first rent a unit in a qualified building may be determined on the basis of current or anticipated income. (iv) Special rules where family income is reduced \nIf residents of a unit establish (in such manner as the rental reduction credit agency provides) that their family income has been reduced by at least 10 percent below such income for the determination year— (I) such residents may elect, at such time and in such manner as such agency may prescribe, to have their family income redetermined, and (II) clause (ii) shall not apply to any of the 2 succeeding years described in such clause which are specified in the election. (f) State rental reduction allocation plan \n(1) Adoption of plan required \n(A) In general \nFor purposes of this section— (i) each State shall, before the allocation of its State rental reduction credit ceiling, establish and have in effect a State rental reduction allocation plan, and (ii) notwithstanding any other provision of this section, the rental reduction credit amount allocated to any building shall be zero unless such amount was allocated pursuant to a State rental reduction allocation plan. Such plan shall only be adopted after such plan is made public and at least 60 days has been allowed for public comment. (B) State rental reduction allocation plan \nFor purposes of this section, the term State rental reduction allocation plan means, with respect to any State, any plan of the State meeting the requirements of paragraphs (2) and (3). (2) General plan requirements \nA plan shall meet the requirements of this paragraph only if— (A) the plan sets forth the criteria and priorities which a rental reduction credit agency of the State shall use in allocating the State rental reduction credit ceiling to eligible units within a building, (B) the plan provides that no credit allocation shall be made which is not in accordance with the criteria and priorities set forth under subparagraph (A) unless such agency provides a written explanation to the general public for any credit allocation which is not so made and the reasons why such allocation is necessary, and (C) the plan provides that such agency is required to prioritize the renewal of existing credit allocations at the time of the expiration of the qualified rental reduction agreement with respect to the allocation, including, where appropriate, a commitment within a qualified rental reduction agreement that the credit allocation will be renewed if the terms of the agreement have been met and sufficient new credit authority is available. (3) Specific requirements \nA plan shall meet the requirements of this paragraph only if— (A) the plan provides methods for determining— (i) the amount of rent which would be charged for a substantially similar unit in the same building which is not an eligible unit for purposes of subsection (b)(2)(A)(i), including whether such determination may be made by self-certification or by undertaking rent reasonableness assessments similar to assessments required under section 8(o)(10) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(10) ), (ii) the qualified rental reduction amounts under subsection (c)(2)(B), and (iii) the applicable percentage under subsection (e)(1), (B) the plan provides a procedure that the rental reduction credit agency (or an agent or other private contractor of such agency) will follow in monitoring for— (i) noncompliance with the provisions of this section and the qualified rental reduction agreement and in notifying the Internal Revenue Service of any such noncompliance of which such agency becomes aware, and (ii) noncompliance with habitability standards through regular site visits, (C) the plan requires a person receiving a credit allocation to report to the rental reduction credit agency such information as is necessary to ensure compliance with the provisions of this section and the qualified rental reduction agreement, and (D) the plan provides methods by which any excess reserve amounts which become available under subsection (d)(1)(C)(ii) will be used to reduce rental payments of eligible tenants or to address maintenance and repair needs in qualified buildings, including how such assistance will be allocated among eligible tenants and qualified buildings. (g) Qualified rental reduction agreement \nFor purposes of this section— (1) In general \nThe term qualified rental reduction agreement means, with respect to any building which is residential rental property (as defined in section 168(e)(2)(A)), a written, binding agreement between a rental reduction credit agency and the taxpayer which specifies— (A) the number of eligible units within such building for which a rental reduction credit amount is being allocated, (B) the credit period for such building, (C) the rental reduction credit amount allocated to such building (and dwelling units within such building) and the portion of such amount allocated to each month within the credit period under subsection (c)(2)(B), (D) the applicable percentage to be used in computing the qualified rental reduction amounts with respect to the building, (E) the method for determining the amount of rent which may be charged for eligible units within the building, and (F) whether— (i) the agency commits to entering into a new agreement with the taxpayer if the terms of the agreement have been met and sufficient new credit authority is available for such new agreement, and (ii) the taxpayer is required to accept such new agreement. (2) Tenant protections \nA qualified rental reduction agreement shall provide the following: (A) Non-displacement of non-eligible tenants \nA taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict (other than for good cause) a tenant of a unit who is not an eligible tenant at any time during the credit period and such unit shall not be treated as an eligible unit while such tenant resides there. (B) Only good cause evictions of eligible tenants \nA taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict (other than for good cause) an eligible tenant of an eligible unit. (C) Mobility \nA taxpayer receiving a rental reduction credit amount shall— (i) give priority to rent any available unit of suitable size to tenants who are eligible tenants who are moving from another qualified building where such tenants had lived at least 1 year and were in good standing, and (ii) inform eligible tenants within the building of their right to move after 1 year and provide a list maintained by the State of qualified buildings where such tenants might move. (iii) Fair housing and civil rights \nIf a taxpayer receives a rental reduction credit amount— (I) such taxpayer shall comply with the Fair Housing Act with respect to the building, and (II) the receipt of such amount shall be treated as the receipt of Federal financial assistance for purposes of applying any Federal civil rights laws. (iv) Admissions preferences \nA taxpayer receiving a rental reduction credit amount shall comply with any admissions preferences established by the State for tenants within particular demographic groups eligible for health or social services. (3) Compliance requirements \nA qualified rental reduction agreement shall provide that a taxpayer receiving a rental reduction credit amount shall comply with all reporting and other procedures established by the State to ensure compliance with this section and such agreement. (4) Projects \nIn the case of a rental reduction credit allocated to a project consisting of more than 1 building, the rental reduction credit agency may provide for a single qualified rental reduction agreement which applies to all buildings which are part of such project. (h) Certifications and other reports to Secretary \n(1) Certification with respect to 1st year of credit period \nFollowing the close of the 1st taxable year in the credit period with respect to any qualified building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)— (A) the information described in subsection (g)(1) required to be contained in the qualified rental reduction agreement with respect to the building, and (B) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. (2) Annual reports to the Secretary \nThe Secretary may require taxpayers to submit an information return (at such time and in such form and manner as the Secretary prescribes) for each taxable year setting forth— (A) the information described in paragraph (1)(A) for the taxable year, and (B) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the return required by the Secretary under the preceding sentence on the date prescribed therefor. (3) Annual reports from rental reduction credit agency \n(A) Reports \nEach rental reduction credit agency which allocates any rental reduction credit amount to 1 or more buildings for any calendar year shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual report specifying— (i) the amount of rental reduction credit amounts allocated to each such building for such year, (ii) sufficient information to identify each such building and the taxpayer with respect thereto, (iii) information as to the demographic and income characteristics of eligible tenants of all such buildings to which such amounts were allocated, and (iv) such other information as the Secretary may require. (B) Penalty \nThe penalty under section 6652(j) shall apply to any failure to submit the report required by subparagraph (A) on the date prescribed therefor. (C) Information made public \nThe Secretary shall, in consultation with Secretary of Housing and Urban Development, make information reported under this paragraph for each qualified building available to the public annually to the greatest degree possible without disclosing personal information about individual tenants. (i) Special rule for payments to partnerships and S corporations \nFor purposes of this subtitle, in the case of any qualified building directly held by any partnership or S corporation, the payment under section 6433 shall be made in lieu of the credit determined under this section with respect to such building. (j) Regulations and guidance \nThe Secretary shall prescribe such regulations or guidance as may be necessary to carry out the purposes of this section, including— (1) providing necessary forms and instructions, and (2) providing for proper treatment of projects for which a credit is allowed both under this section and section 42.. (b) Payment to partnerships and S corporations in lieu of credit \n(1) In general \nSubchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Payments in lieu of renters credit for partnerships and S corporations \n(a) In general \nIn the case of any qualified building (as defined in section 36C(a)(3)) directly held by any partnership or S corporation, the Secretary shall pay to such partnership or S corporation for any taxable year an amount equal to the amount of the credit which, but for section 36C(i), would be allowed under section 36C with respect to such building. (b) Regulatory authority \nThe Secretary shall prescribe such regulations, rules, and guidance as may be necessary to carry out section 36C(i), section 92, and this section, including regulations, rules, and guidance providing for— (1) the application of the rules under section 36C with respect to payments under this section in the same manner as such rules apply for purposes of the credit under section 36C, (2) the time and manner of payments under subsection (a), and (3) the determination of a partner's distributive share, or an S corporation shareholder's pro rata share, of any payment under subsection (a).. (2) Conforming amendment \nThe table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Payments in lieu of renters credit for partnerships and S corporations.. (c) Credit includible in gross income \n(1) In general \nPart II of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 92. Inclusion in income of renters credit and payments \nGross income includes the amount of the credit allowed to the taxpayer under section 36C for the taxable year and the amount of any payment in lieu of such credit under section 6433.. (2) Income disregarded for alternative minimum taxable income \nSection 56(a) of such Code is amended by adding at the end the following: (8) Section 92 not applicable \nSection 92 (relating to inclusion in income of renters credit) shall not apply.. (3) Conforming amendment \nThe table of sections for part II of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 92. Inclusion in income of renters credit and payments.. (d) Administrative fees \nNo provision of, or amendment made by, this Act shall be construed to prevent a rental reduction credit agency of a State from imposing fees to cover its costs or from levying any such fee on a taxpayer applying for or receiving a rental reduction credit amount. (e) Other conforming amendments \n(1) Section 6211(b)(4) of the Internal Revenue Code of 1986 is amended by inserting 36C (including any related payment under section 6433), after 36B,. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C (including any related payment under section 6433), after 36B,. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Renters credit.. (f) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.", "id": "idD116DB19BC524D46B3F4B250491B5657", "header": "Renters credit" }, { "text": "36C. Renters credit \n(a) Allowance of credit \n(1) In general \nThere shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the amounts determined under paragraph (2) for all qualified buildings with a credit period which includes months occurring during the taxable year. (2) Qualified building amount \nThe amount determined under this paragraph with respect to any qualified building for any taxable year shall be an amount equal to the lesser of— (A) the aggregate qualified rental reduction amounts for all eligible units within such building for months occurring during the taxable year which are within the credit period for such building, or (B) the rental reduction credit amount allocated to such building for such months. (3) Qualified building \nFor purposes of this section— (A) In general \nThe term qualified building means any building which is residential rental property (as defined in section 168(e)(2)(A)) of the taxpayer with respect to which— (i) a rental reduction credit amount has been allocated by a rental reduction credit agency of a State, and (ii) a qualified rental reduction agreement is in effect. (B) Building not disqualified by other assistance \nA building shall not fail to be treated as a qualified building merely because— (i) a credit was allowed under section 42 with respect to such building or there was any other Federal assistance in the construction or rehabilitation of such building, (ii) the rehabilitation credit determined under section 47 was allowed under section 38 with respect to such building, or (iii) Federal rental assistance was provided for such building during any period preceding the credit period. (b) Qualified rental reduction amount \nFor purposes of this section— (1) In general \nThe term qualified rental reduction amount means, with respect to any eligible unit for any month, an amount equal to the applicable percentage (as determined under subsection (e)(1)) of the excess of— (A) the applicable rent for such unit, over (B) the family rental payment required for such unit. (2) Applicable rent \n(A) In general \nThe term applicable rent means, with respect to any eligible unit for any month, the lesser of— (i) the amount of rent which would be charged for a substantially similar unit with the same number of bedrooms in the same building which is not an eligible unit, or (ii) an amount equal to the market rent standard for such unit. (B) Market rent standard \n(i) In general \nThe market rent standard with respect to any eligible unit is— (I) the small area fair market rent determined by the Secretary of Housing and Urban Development for units with the same number of bedrooms in the same zip code tabulation area, or (II) if there is no rent described in subclause (I) for such area, the fair market rent determined by such Secretary for units with the same number of bedrooms in the same county. (ii) State option \nA State may in its rental reduction allocation plan provide that the market rent standard for all (or any part) of a zip code tabulation area or county within the State shall be equal to a percentage (not less than 75 nor more than 125) of the amount determined under clause (i) (after application of clause (iii)) for such area or county. (iii) Minimum amount \nNotwithstanding clause (i), the market rent standard with respect to any eligible unit for any year in the credit period after the first year in the credit period for such unit shall not be less than the market rent standard determined for such first year. (3) Family rental payment requirements \n(A) In general \nEach qualified rental reduction agreement with respect to any qualified building shall require that the family rental payment for an eligible unit within such building for any month shall be equal to the lesser of— (i) 30 percent of the monthly family income of the residents of the unit (as determined under subsection (e)(5)), or (ii) the applicable rent for such unit. (B) Utility costs \nAny utility allowance (determined by the Secretary in the same manner as under section 42(g)(2)(B)(ii)) paid by residents of an eligible unit shall be taken into account as rent in determining the family rental payment for such unit for purposes of this paragraph. (c) Rental reduction credit amount \nFor purposes of this section— (1) Determination of amount \n(A) In general \nThe term rental reduction credit amount means, with respect to any qualified building, the dollar amount which is allocated to such building (and to eligible units within such building) under this subsection. Such dollar amount shall be allocated to months in the credit period with respect to such building (and such units) on the basis of the estimates described in paragraph (2)(B). (B) Allocation on project basis \nIn the case of a project which includes (or will include) more than 1 building, the rental reduction credit amount shall be the dollar amount which is allocated to such project for all buildings included in such project. Subject to the limitation under subsection (e)(3)(B), such amount shall be allocated among such buildings in the manner specified by the taxpayer unless the qualified rental reduction agreement with respect to such project provides for such allocation. (2) State allocation \n(A) In general \nExcept as provided in subparagraph (C), each rental reduction credit agency of a State shall each calendar year allocate its portion of the State rental reduction credit ceiling to qualified buildings (and to eligible units within each such building) in accordance with the State rental reduction allocation plan. (B) Allocations to each building \nThe rental reduction credit amount allocated to any qualified building shall not exceed the aggregate qualified rental reduction amounts which such agency estimates will occur over the credit period for eligible units within such building, based on reasonable estimates of rents, family incomes, and vacancies in accordance with procedures established by the State as part of its State rental reduction allocation plan. (C) Specific allocations \n(i) Nonprofit organizations \nAt least 25 percent of the State rental reduction credit ceiling for any State for any calendar year shall be allocated to qualified buildings in which a qualified nonprofit organization (as defined in section 42(h)(5)(C)) owns (directly or through 1 or more partnerships) an interest and materially participates (within the meaning of section 469(h)) in the operation of the building throughout the credit period. A State may waive or lower the requirement under this clause for any calendar year if it determines that meeting such requirement is not feasible. (ii) Rural areas \n(I) In general \nThe State rental reduction credit ceiling for any State for any calendar year shall be allocated to buildings in rural areas (as defined in section 520 of the Housing Act of 1949) in an amount which, as determined by the Secretary of Housing and Urban Development, bears the same ratio to such ceiling as the number of extremely low-income households with severe rent burdens in such rural areas bears to the total number of such households in the State. (II) Alternative 5-year testing period \nIn the case of the 5-calendar year period beginning in 2021, a State shall not be treated as failing to meet the requirements of subclause (I) for any calendar year in such period if, as determined by the Secretary, the average annual amount allocated to such rural areas during such period meets such requirements. (3) Application of allocated credit amount \n(A) Amount available to taxpayer for all months in credit period \nAny rental reduction credit amount allocated to any qualified building out of the State rental reduction credit ceiling for any calendar year shall apply to such building for all months in the credit period ending during or after such calendar year. (B) Ceiling for allocation year reduced by entire credit amount \nAny rental reduction credit amount allocated to any qualified building out of an allocating agency's State rental reduction credit ceiling for any calendar year shall reduce such ceiling for such calendar year by the entire amount so allocated for all months in the credit period (as determined on the basis of the estimates under paragraph (2)(B)) and no reduction shall be made in such agency's State rental reduction credit ceiling for any subsequent calendar year by reason of such allocation. (4) State rental reduction credit ceiling \n(A) In general \nThe State rental reduction credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) the per capita dollar amount multiplied by the State population, or (II) the minimum ceiling amount, plus (ii) the amount of the State rental reduction credit ceiling returned in the calendar year. (B) Return of State ceiling amounts \nFor purposes of subparagraph (A)(ii), except as provided in subsection (d)(2), the amount of the State rental reduction credit ceiling returned in a calendar year equals the amount of the rental reduction credit amount allocated to any building which, after the close of the calendar year for which the allocation is made— (i) is canceled by mutual consent of the rental reduction credit agency and the taxpayer because the estimates made under paragraph (2)(B) were substantially incorrect, or (ii) is canceled by the rental reduction credit agency because the taxpayer violates the qualified rental reduction agreement and, under the terms of the agreement, the rental reduction credit agency is authorized to cancel all (or any portion) of the allocation by reason of the violation. (C) Per capita dollar amount; minimum ceiling amount \nFor purposes of this paragraph— (i) Per capita dollar amount \nThe per capita dollar amount is— (I) for calendar year 2021, $12.30, (II) for calendar year 2022, $24.50, and (III) for calendar years 2023 and thereafter, $36.75. (ii) Minimum ceiling amount \nThe minimum ceiling amount is— (I) for calendar year 2021, $14,000,000, (II) for calendar year 2022, $28,000,000, and (III) for calendar years 2023 and thereafter, $42,000,000. (iii) Cost-of-living adjustment \nIn the case of a calendar year beginning after 2023, the $36.75 and $42,000,000 amounts in clauses (i)(III) and (ii)(III) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. In the case of the $42,000,000 amount, any increase under this clause which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000 and in the case of the $36.75 amount, any increase under this clause which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (D) Population \nFor purposes of this paragraph, population shall be determined in accordance with section 146(j). (E) Unused rental reduction credit allocated among certain States \n(i) In general \nThe unused rental reduction credit of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. (ii) Unused rental reduction credit \nFor purposes of this subparagraph, the unused rental reduction credit of a State for any calendar year is the excess (if any) of— (I) the State rental reduction credit ceiling for the year preceding such year, over (II) the aggregate rental reduction credit amounts allocated for such year. (iii) Formula for allocation of unused credit among qualified States \nThe amount allocated under this subparagraph to a qualified State for any calendar year shall be the amount determined by the Secretary to bear the same ratio to the aggregate unused rental reduction credits of all States for the preceding calendar year as such State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). (iv) Qualified State \nFor purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I) which allocated its entire State rental reduction credit ceiling for the preceding calendar year, and (II) for which a request is made (at such time and in such manner as the Secretary may prescribe) to receive an allocation under clause (iii). (5) Other definitions \nFor purposes of this section— (A) Rental reduction credit agency \nThe term rental reduction credit agency means any agency authorized by a State to carry out this section. Such authorization shall include the jurisdictions within the State where the agency may allocate rental reduction credit amounts. (B) Possessions treated as States \nThe term State includes a possession of the United States. (C) Family \nThe term family has the same meaning as when used in the United States Housing Act of 1937. (d) Modifications To correct inaccurate amounts due to incorrect estimates \n(1) Establishment of reserves \n(A) In general \nEach rental reduction credit agency of a State shall establish a reserve for the transfer and reallocation of amounts pursuant to this paragraph, and notwithstanding any other provision of this section, the rental reduction credit amount allocated to any building by such agency shall be zero unless such agency has in effect such a reserve at the time of the allocation of such credit amount. (B) Transfers to reserve \n(i) In general \nIf, for any taxable year, a taxpayer would (but for this subparagraph) not be able to use the entire rental reduction credit amount allocated to a qualified building by a rental reduction credit agency of a State for the taxable year because of a rental reduction shortfall, then the taxpayer shall for the taxable year transfer to the reserve established by such agency under subparagraph (A) an amount equal to such rental reduction shortfall. (ii) Rental reduction shortfall \nFor purposes of this subparagraph, the rental reduction shortfall for any qualified building for any taxable year is the amount by which the aggregate amount of the excesses determined under subsection (b)(1) for all eligible units within such building are less than such aggregate amount estimated under subsection (c)(2)(B) for the taxable year. (iii) Treatment of transferred amount \nFor purposes of subsection (a)(2)(A), the aggregate qualified rental reduction amounts for all eligible units within a qualified building with respect to which clause (i) applies for any taxable year shall be increased by an amount equal to the applicable percentage (determined under subsection (e)(1) for the building) of the amount of the transfer to the reserve under clause (i) with respect to such building for such taxable year. (C) Reallocation of amounts transferred \n(i) In general \nIf, for any taxable year— (I) the aggregate qualified rental reduction amounts for all eligible units within a qualified building for the taxable year, exceed (II) the rental reduction credit amount allocated to such building by a rental reduction credit agency of a State for the taxable year (determined after any increase under paragraph (2)), the rental reduction credit agency shall, upon application of the taxpayer, pay to the taxpayer from the reserve established by such agency under subparagraph (A) the amount which, when multiplied by the applicable percentage (determined under subsection (e)(1) for the building), equals such excess. If the amount in the reserve is less than the amounts requested by all taxpayers for taxable years ending within the same calendar year, the agency shall ratably reduce the amount of each payment otherwise required to be made. (ii) Excess reserve amounts \nIf a rental reduction credit agency of a State determines that the balance in its reserve is in excess of the amounts reasonably needed over the following 5 calendar years to make payments under clause (i), the agency may withdraw such excess but only to— (I) reduce the rental payments of eligible tenants in a qualified building in units other than eligible units, or of eligible tenants in units in a building other than a qualified building, to amounts no higher than the sum of rental payments required for eligible tenants in qualified buildings under subsection (b)(3) and any rental charges to such tenants in excess of the market rent standard; or (II) address maintenance and repair needs in qualified buildings that cannot reasonably be met using other resources available to the owners of such buildings. (D) Administration \nEach rental reduction credit agency of a State shall establish procedures for the timing and manner of transfers and payments made under this paragraph. (E) Special rule for projects \nIn the case of a rental reduction credit allocated to a project consisting of more than 1 qualified building, a taxpayer may elect to have this paragraph apply as if all such buildings were 1 qualified building if the applicable percentage for each such building is the same. (F) Alternative methods of transfer and reallocation \nUpon request to, and approval by, the Secretary, a State may establish an alternative method for the transfer and reallocation of amounts otherwise required to be transferred to, and allocated from, a reserve under this paragraph. Any State adopting an alternative method under this subparagraph shall, at such time and in such manner as the Secretary prescribes, provide to the Secretary and the Secretary of Housing and Urban Development detailed reports on the operation of such method, including providing such information as such Secretaries may require. (2) Allocation of returned State ceiling amounts \nIn the case of any rental reduction credit amount allocated to a qualified building which is canceled as provided in subsection (c)(4)(B)(i), the rental reduction credit agency may, in lieu of treating such allocation as a returned credit amount under subsection (c)(4)(A)(ii), elect to allocate, upon the request of the taxpayer, such amount to any other qualified building for which the credit amount allocated in any preceding calendar year was too small because the estimates made under subsection (c)(2)(B) were substantially incorrect. (3) Renting to noneligible tenants \nIf, after the application of paragraphs (1)(C) (or any similar reallocation under paragraph (1)(F)) and (2), a rental reduction credit agency of a State determines that, because of the incorrect estimates under subsection (c)(2)(B), the aggregate qualified rental reduction amounts for all eligible units within a qualified building will (on an ongoing basis) exceed the rental reduction credit amount allocated to such building, a taxpayer may elect, subject to subsection (g)(2) and only to the extent necessary to eliminate such excess, rent vacant eligible units without regard to the requirements that such units be rented only to eligible tenants and at the rental rate determined under subsection (b)(3). (e) Terms relating to rental reduction credit and requirements \nFor purposes of this section— (1) Applicable percentage \n(A) In general \nThe term applicable percentage means, with respect to any qualified building, the percentage (not greater than 110 percent) set by the rental reduction credit agency at the time it allocates the rental reduction dollar amount to such building. (B) Higher percentage for high-opportunity areas \nThe rental reduction credit agency may set a percentage under subparagraph (A) up to 120 percent for any qualified building which— (i) targets its eligible units for rental to families with children, and (ii) is located in a neighborhood which has a poverty rate of no more than 10 percent. (2) Credit period \n(A) In general \nThe term credit period means, with respect to any qualified building, the 15-year period beginning with the first month for which the qualified rental reduction agreement is in effect with respect to such building. (B) State option to reduce period \nA rental reduction credit agency may provide a credit period for any qualified building which is less than 15 years. (3) Eligible unit \n(A) In general \nThe term eligible unit means, with respect to any qualified building, a unit— (i) which is occupied by an eligible tenant, (ii) the rent of which for any month equals 30 percent of the monthly family income of the residents of such unit (as determined under paragraph (5)), (iii) with respect to which the tenant is not concurrently receiving rental assistance under any other Federal program, and (iv) which is certified to the rental reduction credit agency as an eligible unit for purposes of this section and the qualified rental reduction agreement. Notwithstanding clause (iii), a State may provide in its State rental reduction allocation plan that an eligible unit shall also not include a unit with respect to which any resident is receiving rental assistance under a State or local program. (B) Limitation on number of units \n(i) In general \nThe number of units which may be certified as eligible units with respect to any qualified building under subparagraph (A)(iv) at any time shall not exceed the greater of— (I) 40 percent of the total units in such building, or (II) 25 units. In the case of an allocation to a project under subsection (c)(1)(B), the limitation under the preceding sentence shall be applied on a project basis and the certification of such eligible units shall be allocated to each building in the project, except that if buildings in such project are on non-contiguous tracts of land, buildings on each such tract shall be treated as a separate project for purposes of applying this sentence. (ii) Buildings receiving previous Federal rental assistance \nIf, at any time prior to the entering into of a qualified rental reduction agreement with respect to a qualified building, tenants in units within such building had been receiving project-based rental assistance under any other Federal program, then, notwithstanding clause (i), the maximum number of units which may be certified as eligible units with respect to the building under subparagraph (A)(iv) shall not be less than the sum of— (I) the maximum number of units in the building previously receiving such assistance at any time before the agreement takes effect, plus (II) the amount determined under clause (i) without taking into account the units described in subclause (I). (4) Eligible tenant \n(A) In general \nThe term eligible tenant means any individual if the individual's family income does not exceed the greater of— (i) 30 percent of the area median gross income (as determined under section 42(g)(1)), or (ii) the applicable poverty line for a family of the size involved. (B) Treatment of individuals whose incomes rise above limit \n(i) In general \nNotwithstanding an increase in the family income of residents of a unit above the income limitation applicable under subparagraph (A), such residents shall continue to be treated as eligible tenants if the family income of such residents initially met such income limitation and such unit continues to be certified as an eligible unit under this section. (ii) No rental reduction for at least 2 years \nA qualified rental reduction agreement with respect to a qualified building shall provide that if, by reason of an increase in family income described in clause (i), there is no qualified rental reduction amount with respect to the dwelling unit for 2 consecutive years, the taxpayer shall rent the next available unit to an eligible tenant (without regard to whether such unit is an eligible unit under this section). (C) Applicable poverty line \nThe term applicable poverty line means the most recently published poverty line (within the meaning of section 2110(c)(5) of the Social Security Act ( 42 U.S.C. 1397jj(c)(5) )) as of the time of the determination as to whether an individual is an eligible tenant. (5) Family income \n(A) In general \nFamily income shall be determined in the same manner as under section 8 of the United States Housing Act of 1937. (B) Time for determining income \n(i) In general \nExcept as provided in this subparagraph, family income shall be determined at least annually on the basis of income for the preceding calendar year. (ii) Families on fixed income \nIf at least 90 percent of the family income of the residents of a unit at the time of any determination under clause (i) is derived from payments under title II or XVI of the Social Security Act (or any similar fixed income amounts specified by the Secretary), the taxpayer may elect to treat such payments (or amounts) as the family income of such residents for the year of the determination and the 2 succeeding years, except that the taxpayer shall, in such manner as the Secretary may prescribe, adjust such amount for increases in the cost of living. (iii) Initial income \nThe Secretary may allow a State to provide that the family income of residents at the time such residents first rent a unit in a qualified building may be determined on the basis of current or anticipated income. (iv) Special rules where family income is reduced \nIf residents of a unit establish (in such manner as the rental reduction credit agency provides) that their family income has been reduced by at least 10 percent below such income for the determination year— (I) such residents may elect, at such time and in such manner as such agency may prescribe, to have their family income redetermined, and (II) clause (ii) shall not apply to any of the 2 succeeding years described in such clause which are specified in the election. (f) State rental reduction allocation plan \n(1) Adoption of plan required \n(A) In general \nFor purposes of this section— (i) each State shall, before the allocation of its State rental reduction credit ceiling, establish and have in effect a State rental reduction allocation plan, and (ii) notwithstanding any other provision of this section, the rental reduction credit amount allocated to any building shall be zero unless such amount was allocated pursuant to a State rental reduction allocation plan. Such plan shall only be adopted after such plan is made public and at least 60 days has been allowed for public comment. (B) State rental reduction allocation plan \nFor purposes of this section, the term State rental reduction allocation plan means, with respect to any State, any plan of the State meeting the requirements of paragraphs (2) and (3). (2) General plan requirements \nA plan shall meet the requirements of this paragraph only if— (A) the plan sets forth the criteria and priorities which a rental reduction credit agency of the State shall use in allocating the State rental reduction credit ceiling to eligible units within a building, (B) the plan provides that no credit allocation shall be made which is not in accordance with the criteria and priorities set forth under subparagraph (A) unless such agency provides a written explanation to the general public for any credit allocation which is not so made and the reasons why such allocation is necessary, and (C) the plan provides that such agency is required to prioritize the renewal of existing credit allocations at the time of the expiration of the qualified rental reduction agreement with respect to the allocation, including, where appropriate, a commitment within a qualified rental reduction agreement that the credit allocation will be renewed if the terms of the agreement have been met and sufficient new credit authority is available. (3) Specific requirements \nA plan shall meet the requirements of this paragraph only if— (A) the plan provides methods for determining— (i) the amount of rent which would be charged for a substantially similar unit in the same building which is not an eligible unit for purposes of subsection (b)(2)(A)(i), including whether such determination may be made by self-certification or by undertaking rent reasonableness assessments similar to assessments required under section 8(o)(10) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(10) ), (ii) the qualified rental reduction amounts under subsection (c)(2)(B), and (iii) the applicable percentage under subsection (e)(1), (B) the plan provides a procedure that the rental reduction credit agency (or an agent or other private contractor of such agency) will follow in monitoring for— (i) noncompliance with the provisions of this section and the qualified rental reduction agreement and in notifying the Internal Revenue Service of any such noncompliance of which such agency becomes aware, and (ii) noncompliance with habitability standards through regular site visits, (C) the plan requires a person receiving a credit allocation to report to the rental reduction credit agency such information as is necessary to ensure compliance with the provisions of this section and the qualified rental reduction agreement, and (D) the plan provides methods by which any excess reserve amounts which become available under subsection (d)(1)(C)(ii) will be used to reduce rental payments of eligible tenants or to address maintenance and repair needs in qualified buildings, including how such assistance will be allocated among eligible tenants and qualified buildings. (g) Qualified rental reduction agreement \nFor purposes of this section— (1) In general \nThe term qualified rental reduction agreement means, with respect to any building which is residential rental property (as defined in section 168(e)(2)(A)), a written, binding agreement between a rental reduction credit agency and the taxpayer which specifies— (A) the number of eligible units within such building for which a rental reduction credit amount is being allocated, (B) the credit period for such building, (C) the rental reduction credit amount allocated to such building (and dwelling units within such building) and the portion of such amount allocated to each month within the credit period under subsection (c)(2)(B), (D) the applicable percentage to be used in computing the qualified rental reduction amounts with respect to the building, (E) the method for determining the amount of rent which may be charged for eligible units within the building, and (F) whether— (i) the agency commits to entering into a new agreement with the taxpayer if the terms of the agreement have been met and sufficient new credit authority is available for such new agreement, and (ii) the taxpayer is required to accept such new agreement. (2) Tenant protections \nA qualified rental reduction agreement shall provide the following: (A) Non-displacement of non-eligible tenants \nA taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict (other than for good cause) a tenant of a unit who is not an eligible tenant at any time during the credit period and such unit shall not be treated as an eligible unit while such tenant resides there. (B) Only good cause evictions of eligible tenants \nA taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict (other than for good cause) an eligible tenant of an eligible unit. (C) Mobility \nA taxpayer receiving a rental reduction credit amount shall— (i) give priority to rent any available unit of suitable size to tenants who are eligible tenants who are moving from another qualified building where such tenants had lived at least 1 year and were in good standing, and (ii) inform eligible tenants within the building of their right to move after 1 year and provide a list maintained by the State of qualified buildings where such tenants might move. (iii) Fair housing and civil rights \nIf a taxpayer receives a rental reduction credit amount— (I) such taxpayer shall comply with the Fair Housing Act with respect to the building, and (II) the receipt of such amount shall be treated as the receipt of Federal financial assistance for purposes of applying any Federal civil rights laws. (iv) Admissions preferences \nA taxpayer receiving a rental reduction credit amount shall comply with any admissions preferences established by the State for tenants within particular demographic groups eligible for health or social services. (3) Compliance requirements \nA qualified rental reduction agreement shall provide that a taxpayer receiving a rental reduction credit amount shall comply with all reporting and other procedures established by the State to ensure compliance with this section and such agreement. (4) Projects \nIn the case of a rental reduction credit allocated to a project consisting of more than 1 building, the rental reduction credit agency may provide for a single qualified rental reduction agreement which applies to all buildings which are part of such project. (h) Certifications and other reports to Secretary \n(1) Certification with respect to 1st year of credit period \nFollowing the close of the 1st taxable year in the credit period with respect to any qualified building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)— (A) the information described in subsection (g)(1) required to be contained in the qualified rental reduction agreement with respect to the building, and (B) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. (2) Annual reports to the Secretary \nThe Secretary may require taxpayers to submit an information return (at such time and in such form and manner as the Secretary prescribes) for each taxable year setting forth— (A) the information described in paragraph (1)(A) for the taxable year, and (B) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the return required by the Secretary under the preceding sentence on the date prescribed therefor. (3) Annual reports from rental reduction credit agency \n(A) Reports \nEach rental reduction credit agency which allocates any rental reduction credit amount to 1 or more buildings for any calendar year shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual report specifying— (i) the amount of rental reduction credit amounts allocated to each such building for such year, (ii) sufficient information to identify each such building and the taxpayer with respect thereto, (iii) information as to the demographic and income characteristics of eligible tenants of all such buildings to which such amounts were allocated, and (iv) such other information as the Secretary may require. (B) Penalty \nThe penalty under section 6652(j) shall apply to any failure to submit the report required by subparagraph (A) on the date prescribed therefor. (C) Information made public \nThe Secretary shall, in consultation with Secretary of Housing and Urban Development, make information reported under this paragraph for each qualified building available to the public annually to the greatest degree possible without disclosing personal information about individual tenants. (i) Special rule for payments to partnerships and S corporations \nFor purposes of this subtitle, in the case of any qualified building directly held by any partnership or S corporation, the payment under section 6433 shall be made in lieu of the credit determined under this section with respect to such building. (j) Regulations and guidance \nThe Secretary shall prescribe such regulations or guidance as may be necessary to carry out the purposes of this section, including— (1) providing necessary forms and instructions, and (2) providing for proper treatment of projects for which a credit is allowed both under this section and section 42.", "id": "id75BC7B39B62A4F8E95FE0C30E37E19A0", "header": "Renters credit" }, { "text": "6433. Payments in lieu of renters credit for partnerships and S corporations \n(a) In general \nIn the case of any qualified building (as defined in section 36C(a)(3)) directly held by any partnership or S corporation, the Secretary shall pay to such partnership or S corporation for any taxable year an amount equal to the amount of the credit which, but for section 36C(i), would be allowed under section 36C with respect to such building. (b) Regulatory authority \nThe Secretary shall prescribe such regulations, rules, and guidance as may be necessary to carry out section 36C(i), section 92, and this section, including regulations, rules, and guidance providing for— (1) the application of the rules under section 36C with respect to payments under this section in the same manner as such rules apply for purposes of the credit under section 36C, (2) the time and manner of payments under subsection (a), and (3) the determination of a partner's distributive share, or an S corporation shareholder's pro rata share, of any payment under subsection (a).", "id": "id74D2094462504206BD5F4D68C23BF332", "header": "Payments in lieu of renters credit for partnerships and S corporations" }, { "text": "92. Inclusion in income of renters credit and payments \nGross income includes the amount of the credit allowed to the taxpayer under section 36C for the taxable year and the amount of any payment in lieu of such credit under section 6433.", "id": "ID725922F1DEDC48AC9CBC0AC479A68B61", "header": "Inclusion in income of renters credit and payments" }, { "text": "216. Middle-income housing tax credit \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 42 the following new section: 42A. Middle-income housing credit \n(a) In general \nFor purposes of section 38, the amount of the middle-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to— (1) the applicable percentage, of (2) the qualified basis of each qualified middle-income building. (b) Applicable percentage \n(1) Determination of applicable percentage \nFor purposes of this section— (A) In general \nThe term applicable percentage means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer, the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. (B) Method of prescribing percentages \nThe percentages prescribed by the Secretary for any month shall be percentages which will yield over a 15-year period amounts of credit under subsection (a) which have a present value equal to— (i) 50 percent of the qualified basis of a new building which is not Federally subsidized for the taxable year, and (ii) 20 percent of the qualified basis of a building not described in clause (i). (C) Method of discounting \nThe present value under subparagraph (B) shall be determined— (i) as of the last day of the 1st year of the 15-year period referred to in subparagraph (B), (ii) by using a discount rate equal to 72 percent of the average of the annual Federal mid-term rate and the annual Federal long-term rate applicable under section 1274(d)(1) to the month applicable under clause (i) or (ii) of subparagraph (A) and compounded annually, and (iii) by assuming that the credit allowable under this section for any year is received on the last day of such year. (2) Minimum credit rate \n(A) In general \nThe applicable percentage for any building which is not Federally subsidized for the taxable year shall not be less than 5 percent. (B) Minimum credit rate for Federally subsidized buildings \nIn the case of any building to which subparagraph (A) does not apply, except as provided in paragraph (3), the applicable percentage shall not be less than 2 percent. (3) Exception for certain Federally subsidized buildings \nIn the case of any building to which paragraph (2)(A) does not apply, the applicable percentage is zero unless— (A) a credit is allowed under section 42 with respect to such building for the taxable year, and (B) such building is financed by tax-exempt bonds as described in section 42(h)(4). (4) Cross references \n(A) For treatment of certain rehabilitation expenditures as separate new buildings, see subsection (e). (B) For determination of applicable percentage for increases in qualified basis after the 1st year of the credit period, see subsection (f)(3). (C) For authority of housing credit agency to limit applicable percentage and qualified basis which may be taken into account under this section with respect to any building, see subsection (h)(6). (c) Qualified basis; qualified middle-Income building \nFor purposes of this section— (1) Qualified basis \n(A) Determination \nThe qualified basis of any qualified middle-income building for any taxable year is an amount equal to— (i) the applicable fraction (determined as of the close of such taxable year) of (ii) the eligible basis of such building (determined under subsection (d)). (B) Applicable fraction \nFor purposes of subparagraph (A), the term applicable fraction means the smaller of the unit fraction or the floor space fraction. (C) Unit fraction \nFor purposes of subparagraph (B), the term unit fraction means the fraction— (i) the numerator of which is the number of middle-income units in the building, and (ii) the denominator of which is the number of residential rental units (whether or not occupied) in such building. (D) Floor space fraction \nFor purposes of subparagraph (B), the term floor space fraction means the fraction— (i) the numerator of which is the total floor space of the middle-income units in such building, and (ii) the denominator of which is the total floor space of the residential rental units (whether or not occupied) in such building. (2) Qualified middle-income building \nThe term qualified middle-income building means any building which is part of a qualified middle-income housing project at all times during the period— (A) beginning on the 1st day in the credit period on which such building is part of such a project, and (B) ending on the last day of the credit period with respect to such building. (d) Eligible basis \nFor purposes of this section— (1) New buildings \nThe eligible basis of a new building is its adjusted basis as of the close of the 1st taxable year of the credit period. (2) Existing buildings \n(A) In general \nThe eligible basis of an existing building is— (i) in the case of a building which meets the requirements of subparagraph (B), its adjusted basis as of the close of the 1st taxable year of the credit period, and (ii) zero in any other case. (B) Requirements \nA building meets the requirements of this subparagraph if— (i) the building is acquired by purchase (as defined in section 179(d)(2)), (ii) there is a period of at least 10 years between the date of its acquisition by the taxpayer and the date the building was last placed in service, (iii) the building was not previously placed in service by the taxpayer or by any person who was a related person with respect to the taxpayer as of the time previously placed in service, and (iv) except as provided in subsection (f)(5), a credit is allowable under subsection (a) by reason of subsection (e) with respect to the building. (C) Adjusted basis \nFor purposes of subparagraph (A), the adjusted basis of any building shall not include so much of the basis of such building as is determined by reference to the basis of other property held at any time by the person acquiring the building. (D) Special rules \n(i) Special rules for certain transfers \nFor purposes of determining under subparagraph (B)(ii) when a building was last placed in service, there shall not be taken into account any placement in service— (I) in connection with the acquisition of the building in a transaction in which the basis of the building in the hands of the person acquiring it is determined in whole or in part by reference to the adjusted basis of such building in the hands of the person from whom acquired, (II) by a person whose basis in such building is determined under section 1014(a) (relating to property acquired from a decedent), (III) by any governmental unit or qualified nonprofit organization if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such unit or organization and all the income from such property is exempt from Federal income taxation, (IV) by any person who acquired such building by foreclosure (or by instrument in lieu of foreclosure) of any purchase-money security interest held by such person if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such person and such building is resold within 12 months after the date such building is placed in service by such person after such foreclosure, or (V) of a single-family residence by any individual who owned and used such residence for no other purpose than as his principal residence. (ii) Related person \nFor purposes of subparagraph (B)(iii), a person (hereinafter in this subclause referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). (3) Special rules relating to determination of adjusted basis \nFor purposes of this subsection— (A) In general \nExcept as provided in subparagraph (B), the adjusted basis of any building shall be determined without regard to the adjusted basis of any property which is not residential rental property. (B) Basis of property in common areas, etc., included \n(i) In general \nExcept as provided in clause (ii), the adjusted basis of any building shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation) used in common areas or provided as comparable amenities to all residential rental units in such building. (ii) Special rule \nIn the case of any building for which the low-income housing tax credit is allowable under section 42, the adjusted basis of the building under this section shall be determined without regard to property used in common areas or provided as comparable amenities to all residential rental units in such building. (C) No reduction for depreciation \nThe adjusted basis of any building shall be determined without regard to paragraphs (2) and (3) of section 1016(a). (4) Federal grants not taken into account in determining eligible basis \nThe eligible basis of a building shall not include any costs financed with the proceeds of a Federally funded grant. (5) Credit allowable for certain buildings acquired during 10-year period \nOn application by the taxpayer, the Secretary may waive paragraph (2)(B)(ii) with respect to any building acquired from an insured depository institution in default (as defined in section 3 of the Federal Deposit Insurance Act) or from a receiver or conservator of such an institution. (6) Acquisition of building before end of prior credit period \n(A) In general \nUnder regulations prescribed by the Secretary, in the case of a building described in subparagraph (B) (or interest therein) which is acquired by the taxpayer— (i) paragraph (2)(B) shall not apply, but (ii) the credit allowable by reason of subsection (a) to the taxpayer for any period after such acquisition shall be equal to the amount of credit which would have been allowable under subsection (a) for such period to the prior owner referred to in subparagraph (B) had such owner not disposed of the building. (B) Description of building \nA building is described in this subparagraph if— (i) a credit was allowed by reason of subsection (a) to any prior owner of such building, and (ii) the taxpayer acquired such building before the end of the credit period for such building with respect to such prior owner (determined without regard to any disposition by such prior owner). (e) Rehabilitation expenditures treated as separate new building \n(1) In general \nRehabilitation expenditures paid or incurred by the taxpayer with respect to any building shall be treated for purposes of this section as a separate new building. (2) Rehabilitation expenditures \nFor purposes of paragraph (1)— (A) In general \nThe term rehabilitation expenditures means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. (B) Cost of acquisition, etc., not included \nSuch term does not include the cost of acquiring any building (or interest therein) or any amount not permitted to be taken into account under paragraph (3) of subsection (d). (C) Certain relocation costs \nIn the case of a rehabilitation of a building to which section 280B does not apply, costs relating to the relocation of occupants, including— (i) amounts paid to occupants, (ii) amounts paid to third parties for services relating to such relocation, and (iii) amounts paid for temporary housing for occupants, shall be treated as chargeable to capital account and taken into account as rehabilitation expenditures. (3) Minimum expenditures to qualify \n(A) In general \nParagraph (1) shall apply to rehabilitation expenditures with respect to any building only if— (i) the expenditures are allocable to 1 or more middle-income units or substantially benefit such units, and (ii) the amount of such expenditures during any 24-month period meets the requirements of whichever of the following subclauses requires the greater amount of such expenditures: (I) The requirement of this subclause is met if such amount is not less than 20 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). (II) The requirement of this subclause is met if the qualified basis attributable to such amount, when divided by the number of middle-income units in the building, is equal to or greater than the dollar amount in effect under section 42(e)(3)(A)(ii)(II) for the calendar year in which such expenditures are treated as placed in service under paragraph (4). (B) Date of determination \nThe determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures. (4) Special rules \nFor purposes of applying this section with respect to expenditures which are treated as a separate building by reason of this subsection— (A) such expenditures shall be treated as placed in service at the close of the 24-month period referred to in paragraph (3)(A), and (B) the applicable fraction under subsection (c)(1) shall be the applicable fraction for the building (without regard to paragraph (1)) with respect to which the expenditures were incurred. Nothing in subsection (d)(2) shall prevent a credit from being allowed by reason of this subsection. (5) No double counting \nRehabilitation expenditures may, at the election of the taxpayer, be taken into account under this subsection or subsection (d)(2)(A)(i) but not under both such subsections. (6) Regulations to apply subsection with respect to group of units in building \nThe Secretary may prescribe regulations, consistent with the purposes of this subsection, treating a group of units with respect to which rehabilitation expenditures are incurred as a separate new building. (f) Definition and special rules relating to credit period \n(1) Credit period defined \nFor purposes of this section, the term credit period means, with respect to any building, the period of 15 taxable years beginning with— (A) the taxable year in which the building is placed in service, or (B) at the election of the taxpayer, the succeeding taxable year, but only if the building is a qualified middle-income building as of the close of the 1st year of such period. The election under subparagraph (B), once made, shall be irrevocable. (2) Special rule for 1st year of credit period \n(A) In general \nThe credit allowable under subsection (a) with respect to any building for the 1st taxable year of the credit period shall be determined by substituting for the applicable fraction under subsection (c)(1) the fraction— (i) the numerator of which is the sum of the applicable fractions determined under subsection (c)(1) as of the close of each full month of such year during which such building was in service, and (ii) the denominator of which is 12. (B) Disallowed 1st-year credit allowed in 16th year \nAny reduction by reason of subparagraph (A) in the credit allowable (without regard to subparagraph (A)) for the 1st taxable year of the credit period shall be allowable under subsection (a) for the 1st taxable year following the credit period. (3) Determination of applicable percentage with respect to increases in qualified basis after 1st year of credit period \n(A) In general \nIn the case of any building which was a qualified middle-income building as of the close of the 1st year of the credit period, if— (i) as of the close of any taxable year in the credit period (after the 1st year of such period) the qualified basis of such building, exceeds (ii) the qualified basis of such building as of the close of the 1st year of the credit period, the applicable percentage which shall apply under subsection (a) for the taxable year to such excess shall be the percentage equal to 2/3 of the applicable percentage which (after the application of subsection (h)) would but for this paragraph apply to such basis. (B) 1st year computation applies \nA rule similar to the rule of paragraph (2)(A) shall apply to any increase in qualified basis to which subparagraph (A) applies for the 1st year of such increase. (4) Dispositions of property \nIf a building (or an interest therein) is disposed of during any year for which credit is allowable under subsection (a), such credit shall be allocated between the parties on the basis of the number of days during such year the building (or interest) was held by each. (5) Credit period for existing buildings not to begin before rehabilitation credit allowed \n(A) In general \nThe credit period for an existing building shall not begin before the 1st taxable year of the credit period for rehabilitation expenditures with respect to the building. (B) Acquisition credit allowed for certain buildings not allowed a rehabilitation credit \n(i) In general \nIn the case of a building described in clause (ii)— (I) subsection (d)(2)(B)(iv) shall not apply, and (II) the credit period for such building shall not begin before the taxable year which would be the 1st taxable year of the credit period for rehabilitation expenditures with respect to the building under the modifications described in clause (ii)(II). (ii) Building described \nA building is described in this clause if— (I) a waiver is granted under subsection (d)(4) with respect to the acquisition of the building, and (II) a credit would be allowed for rehabilitation expenditures with respect to such building if subsection (e)(3)(A)(ii)(I) did not apply and if the dollar amount in effect under subsection (e)(3)(A)(ii)(II) were two-thirds of such amount. (g) Qualified middle-Income housing project \nFor purposes of this section— (1) In general \nThe term qualified middle-income housing project means any project for residential rental property if 60 percent or more of the residential units in such project are both rent-restricted and occupied by individuals whose income is 100 percent or less of area median gross income. For purposes of the preceding sentence, residential units in a building which is not a qualified middle-income building by reason of subsection (c)(2)(B) shall not be taken into account. (2) Rent-restricted units \n(A) In general \nFor purposes of paragraph (1), a residential unit is rent-restricted if the gross rent with respect to such unit does not exceed 30 percent of the imputed income limitation applicable to such unit. For purposes of the preceding sentence, the amount of the income limitation under paragraph (1) applicable for any period shall not be less than such limitation applicable for the earliest period the building (which contains the unit) was included in the determination of whether the project is a qualified middle-income housing project. (B) Gross rent \nFor purposes of subparagraph (A), gross rent— (i) includes any utility allowance determined by the Secretary after taking into account such determinations under section 8 of the United States Housing Act of 1937, (ii) does not include any fee for a supportive service which is paid to the owner of the unit (on the basis of the middle-income status of the tenant of the unit) by any governmental program of assistance (or by an organization described in section 501(c)(3) and exempt from tax under section 501(a)) if such program (or organization) provides assistance for rent and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services, and (iii) does not include any rental payment to the owner of the unit to the extent such owner pays an equivalent amount to the Farmers' Home Administration under section 515 of the Housing Act of 1949. For purposes of clause (ii), the term supportive service means any service provided under a planned program of services designed to enable residents of a residential rental property to remain independent and avoid placement in a hospital, nursing home, or intermediate care facility for the mentally or physically handicapped. (C) Imputed income limitation applicable to unit \nFor purposes of this paragraph, the imputed income limitation applicable to a unit is the income limitation which would apply under paragraph (1) to individuals occupying the unit if the number of individuals occupying the unit were as follows: (i) In the case of a unit which does not have a separate bedroom, 1 individual. (ii) In the case of a unit which has 1 or more separate bedrooms, 1.5 individuals for each separate bedroom. In the case of a project with respect to which a credit is allowable by reason of this section and for which financing is provided by a bond described in section 142(a)(7), the imputed income limitation shall apply in lieu of the otherwise applicable income limitation for purposes of applying section 142(d)(4)(B)(ii). (D) Treatment of units occupied by individuals whose incomes rise above limit \n(i) In general \nExcept as provided in clause (ii), notwithstanding an increase in the income of the occupants of a middle-income unit above the income limitation applicable under paragraph (1), such unit shall continue to be treated as a middle-income unit if the income of such occupants initially met such income limitation and such unit continues to be rent-restricted. (ii) Next available unit must be rented to middle-income tenant if income rises above 140 percent of income limit \nIf the income of the occupants of the unit increases above 140 percent of the income limitation applicable under paragraph (1), clause (i) shall cease to apply to such unit if any residential rental unit in the building (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation. (3) Date for meeting requirements \n(A) In general \nExcept as otherwise provided in this paragraph, a building shall be treated as a qualified middle-income building only if the project (of which such building is a part) meets the requirements of paragraph (1) not later than the close of the 1st year of the credit period for such building. (B) Buildings which rely on later buildings for qualification \n(i) In general \nIn determining whether a building (hereinafter in this subparagraph referred to as the prior building ) is a qualified middle-income building, the taxpayer may take into account 1 or more additional buildings placed in service during the 12-month period described in subparagraph (A) with respect to the prior building only if the taxpayer elects to apply clause (ii) with respect to each additional building taken into account. (ii) Treatment of elected buildings \nIn the case of a building which the taxpayer elects to take into account under clause (i), the period under subparagraph (A) for such building shall end at the close of the 12-month period applicable to the prior building. (iii) Date prior building is treated as placed in service \nFor purposes of determining the credit period for the prior building, the prior building shall be treated for purposes of this section as placed in service on the most recent date any additional building elected by the taxpayer (with respect to such prior building) was placed in service. (C) Special rule \nA building— (i) other than the 1st building placed in service as part of a project, and (ii) other than a building which is placed in service during the 12-month period described in subparagraph (A) with respect to a prior building which becomes a qualified middle-income building, shall in no event be treated as a qualified middle-income building unless the project is a qualified middle-income housing project (without regard to such building) on the date such building is placed in service. (D) Projects with more than 1 building must be identified \nFor purposes of this section, a project shall be treated as consisting of only 1 building unless, before the close of the 1st calendar year in the project period (as defined in subsection (h)(1)(F)(ii)), each building which is (or will be) part of such project is identified in such form and manner as the Secretary may provide. (4) Certain rules made applicable \nParagraphs (2) (other than subparagraph (A) thereof), (3), and (7) of section 142(d), and section 6652(j), shall apply for purposes of determining whether any project is a qualified middle-income housing project and whether any unit is a middle-income unit; except that, in applying such provisions for such purposes— (A) the term gross rent shall have the meaning given such term by paragraph (2)(B) of this subsection, and (B) the term applicable income limit means the limitation under paragraph (1) of this subsection. (5) Election to treat building after credit period as not part of a project \nFor purposes of this section, the taxpayer may elect to treat any building as not part of a qualified middle-income housing project for any period beginning after the credit period for such building. (6) Special rule where de minimis equity contribution \nProperty shall not be treated as failing to be residential rental property for purposes of this section merely because the occupant of a residential unit in the project pays (on a voluntary basis) to the lessor a de minimis amount to be held toward the purchase by such occupant of a residential unit in such project if— (A) all amounts so paid are refunded to the occupant on the cessation of his occupancy of a unit in the project, and (B) the purchase of the unit is not permitted until after the close of the credit period with respect to the building in which the unit is located. Any amount paid to the lessor as described in the preceding sentence shall be included in gross rent under paragraph (2) for purposes of determining whether the unit is rent-restricted. (7) Scattered site projects \nBuildings which would (but for their lack of proximity) be treated as a project for purposes of this section shall be so treated if all of the dwelling units in each of the buildings are rent-restricted (within the meaning of paragraph (2)) residential rental units. (8) Waiver of certain recertifications \nOn application by the taxpayer, the Secretary may waive any annual recertification of tenant income for purposes of this subsection, if the entire building is occupied by middle-income tenants. (9) Clarification of general public use requirement \nA project does not fail to meet the general public use requirement solely because of occupancy restrictions or preferences that favor tenants— (A) with special needs, or (B) who are members of a specified group under a Federal program or State program or policy that supports housing for such a specified group. (h) Limitation on aggregate credit allowable with respect to projects located in a State \n(1) Credit may not exceed credit amount allocated to building \n(A) In general \nThe amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the housing credit dollar amount allocated to such building under this subsection. (B) Time for making allocation \nExcept in the case of an allocation which meets the requirements of subparagraph (C), (D), (E), or (F), an allocation shall be taken into account under subparagraph (A) only if it is made not later than the close of the calendar year in which the building is placed in service. (C) Exception where binding commitment \nAn allocation meets the requirements of this subparagraph if there is a binding commitment (not later than the close of the calendar year in which the building is placed in service) by the housing credit agency to allocate a specified housing credit dollar amount to such building beginning in a specified later taxable year. (D) Exception where increase in qualified basis \n(i) In general \nAn allocation meets the requirements of this subparagraph if such allocation is made not later than the close of the calendar year in which ends the taxable year to which it will 1st apply but only to the extent the amount of such allocation does not exceed the limitation under clause (ii). (ii) Limitation \nThe limitation under this clause is the amount of credit allowable under this section (without regard to this subsection) for a taxable year with respect to an increase in the qualified basis of the building equal to the excess of— (I) the qualified basis of such building as of the close of the 1st taxable year to which such allocation will apply, over (II) the qualified basis of such building as of the close of the 1st taxable year to which the most recent prior housing credit allocation with respect to such building applied. (iii) Housing credit dollar amount reduced by full allocation \nNotwithstanding clause (i), the full amount of the allocation shall be taken into account under paragraph (2). (E) Exception where 10 percent of cost incurred \n(i) In general \nAn allocation meets the requirements of this subparagraph if such allocation is made with respect to a qualified building which is placed in service not later than the close of the second calendar year following the calendar year in which the allocation is made. (ii) Qualified building \nFor purposes of clause (i), the term qualified building means any building which is part of a project if the taxpayer's basis in such project (as of the date which is 1 year after the date that the allocation was made) is more than 10 percent of the taxpayer's reasonably expected basis in such project (as of the close of the second calendar year referred to in clause (i)). Such term does not include any existing building unless a credit is allowable under subsection (e) for rehabilitation expenditures paid or incurred by the taxpayer with respect to such building for a taxable year ending during the second calendar year referred to in clause (i) or the prior taxable year. (F) Allocation of credit on a project basis \n(i) In general \nIn the case of a project which includes (or will include) more than 1 building, an allocation meets the requirements of this subparagraph if— (I) the allocation is made to the project for a calendar year during the project period, (II) the allocation only applies to buildings placed in service during or after the calendar year for which the allocation is made, and (III) the portion of such allocation which is allocated to any building in such project is specified not later than the close of the calendar year in which the building is placed in service. (ii) Project period \nFor purposes of clause (i), the term project period means the period— (I) beginning with the 1st calendar year for which an allocation may be made for the 1st building placed in service as part of such project, and (II) ending with the calendar year the last building is placed in service as part of such project. (2) Allocated credit amount to apply to all taxable years ending during or after credit allocation year \nAny housing credit dollar amount allocated to any building for any calendar year— (A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and (B) shall reduce the aggregate housing credit dollar amount of the allocating agency only for such calendar year. (3) Housing credit dollar amount for agencies \n(A) In general \nThe aggregate housing credit dollar amount which a housing credit agency may allocate for any calendar year is the portion of the State housing credit ceiling allocated under this paragraph for such calendar year to such agency. (B) State ceiling initially allocated to State housing credit agencies \nExcept as provided in subparagraph (D), the State housing credit ceiling for each calendar year shall be allocated to the housing credit agency of such State. If there is more than 1 housing credit agency of a State, all such agencies shall be treated as a single agency. (C) State housing credit ceiling \nThe State housing credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) $1.00 multiplied by the State population, or (II) $1,140,000, plus (ii) the amount of State housing credit ceiling returned in the calendar year. For purposes of clause (ii), the amount of State housing credit ceiling returned in the calendar year equals the housing credit dollar amount previously allocated within the State to any project which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which does not become a qualified middle-income housing project within the period required by this section or the terms of the allocation or to any project with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient. (D) State may provide for different allocation \nRules similar to the rules of section 146(e) (other than paragraph (2)(B) thereof) shall apply for purposes of this paragraph. (E) Population \nFor purposes of this paragraph, population shall be determined in accordance with section 146(j). (F) Cost-of-living adjustment \n(i) In general \nIn the case of a calendar year after 2022, the $1,140,000 and $1.00 amounts in subparagraph (C) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding \n(I) In the case of the $1,140,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. (II) In the case of the $1.00 amount, any increase under clause (i) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (4) Portion of State ceiling set-aside for certain projects involving qualified nonprofit organizations \n(A) In general \nNot more than 90 percent of the State housing credit ceiling (determined without regard to paragraph (7)) for any State for any calendar year shall be allocated to projects other than qualified middle-income housing projects described in subparagraph (B). (B) Projects involving qualified nonprofit organizations \nFor purposes of subparagraph (A), a qualified middle-income housing project is described in this subparagraph if a qualified nonprofit organization is to own an interest in the project (directly or through a partnership) and materially participate (within the meaning of section 469(h)) in the development and operation of the project throughout the credit period. (C) Qualified nonprofit organization \nFor purposes of this paragraph, the term qualified nonprofit organization means any organization if— (i) such organization is described in paragraph (3) or (4) of section 501(c) and is exempt from tax under section 501(a), (ii) such organization is determined by the State housing credit agency not to be affiliated with or controlled by a for-profit organization; and (iii) one of the exempt purposes of such organization includes the fostering of middle-income housing. (D) Treatment of certain subsidiaries \n(i) In general \nFor purposes of this paragraph, a qualified nonprofit organization shall be treated as satisfying the ownership and material participation test of subparagraph (B) if any qualified corporation in which such organization holds stock satisfies such test. (ii) Qualified corporation \nFor purposes of clause (i), the term qualified corporation means any corporation if 100 percent of the stock of such corporation is held by 1 or more qualified nonprofit organizations at all times during the period such corporation is in existence. (E) State may not override set-aside \nNothing in subparagraph (E) of paragraph (3) shall be construed to permit a State not to comply with subparagraph (A) of this paragraph. (5) Buildings eligible for credit only if minimum long-term commitment to middle-income housing \n(A) In general \nNo credit shall be allowed by reason of this section with respect to any building for the taxable year unless an extended middle-income housing commitment is in effect as of the end of such taxable year. (B) Extended middle-income housing commitment \nFor purposes of this paragraph, the term extended middle-income housing commitment means any agreement between the taxpayer and the housing credit agency— (i) which requires that the applicable fraction (as defined in subsection (c)(1)) for the building for each taxable year in the extended use period will not be less than the applicable fraction specified in such agreement and which prohibits the actions described in subclauses (I) and (II) of subparagraph (E)(ii), (ii) which allows individuals who meet the income limitation applicable to the building under subsection (g) (whether prospective, present, or former occupants of the building) the right to enforce in any State court the requirement and prohibitions of clause (i), (iii) which prohibits the disposition to any person of any portion of the building to which such agreement applies unless all of the building to which such agreement applies is disposed of to such person, (iv) which prohibits the refusal to lease to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder, (v) which is binding on all successors of the taxpayer, and (vi) which, with respect to the property, is recorded pursuant to State law as a restrictive covenant. (C) Allocation of credit may not exceed amount necessary to support commitment \nThe housing credit dollar amount allocated to any building may not exceed the amount necessary to support the applicable fraction specified in the extended middle-income housing commitment for such building, including any increase in such fraction pursuant to the application of subsection (f)(3) if such increase is reflected in an amended middle-income housing commitment. (D) Extended use period \nFor purposes of this paragraph, the term extended use period means the period— (i) beginning on the 1st day in the credit period on which such building is part of a qualified middle-income housing project, and (ii) ending on the later of— (I) the date specified by such agency in such agreement, or (II) the date which is 15 years after the close of the credit period. (E) Exceptions if foreclosure or if no buyer willing to maintain middle-income status \n(i) In general \nThe extended use period for any building shall terminate on the date the building is acquired by foreclosure (or instrument in lieu of foreclosure) unless the Secretary determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such period. (ii) Eviction, etc., of existing middle-income tenants not permitted \nThe termination of an extended use period under clause (i) shall not be construed to permit before the close of the 3-year period following such termination— (I) the eviction or the termination of tenancy (other than for good cause) of an existing tenant of any middle-income unit, or (II) any increase in the gross rent with respect to such unit not otherwise permitted under this section. (F) Effect of noncompliance \nIf, during a taxable year, there is a determination that an extended middle-income housing agreement was not in effect as of the beginning of such year, such determination shall not apply to any period before such year and subparagraph (A) shall be applied without regard to such determination if the failure is corrected within 1 year from the date of the determination. (G) Projects which consist of more than 1 building \nThe application of this paragraph to projects which consist of more than 1 building shall be made under regulations prescribed by the Secretary. (6) Special rules \n(A) Building must be located within jurisdiction of credit agency \nA housing credit agency may allocate its aggregate housing credit dollar amount only to buildings located in the jurisdiction of the governmental unit of which such agency is a part. (B) Agency allocations in excess of limit \nIf the aggregate housing credit dollar amounts allocated by a housing credit agency for any calendar year exceed the portion of the State housing credit ceiling allocated to such agency for such calendar year, the housing credit dollar amounts so allocated shall be reduced (to the extent of such excess) for buildings in the reverse of the order in which the allocations of such amounts were made. (C) Credit reduced if allocated credit dollar amount is less than credit which would be allowable without regard to placed in service convention, etc \n(i) In general \nThe amount of the credit determined under this section with respect to any building shall not exceed the clause (ii) percentage of the amount of the credit which would (but for this subparagraph) be determined under this section with respect to such building. (ii) Determination of percentage \nFor purposes of clause (i), the clause (ii) percentage with respect to any building is the percentage which— (I) the housing credit dollar amount allocated to such building, bears to (II) the credit amount determined in accordance with clause (iii). (iii) Determination of credit amount \nThe credit amount determined in accordance with this clause is the amount of the credit which would (but for this subparagraph) be determined under this section with respect to the building if— (I) this section were applied without regard to paragraphs (2)(A) and (3)(B) of subsection (f), and (II) subsection (f)(3)(A) were applied without regard to the percentage equal to 2/3 of. (D) Housing credit agency to specify applicable percentage and maximum qualified basis \nIn allocating a housing credit dollar amount to any building, the housing credit agency shall specify the applicable percentage and the maximum qualified basis which may be taken into account under this section with respect to such building. The applicable percentage and maximum qualified basis so specified shall not exceed the applicable percentage and qualified basis determined under this section without regard to this subsection. (7) Increase in State ceiling dedicated to certain rural development projects \n(A) In general \nThe State housing credit ceiling for any calendar year shall be increased by an amount equal to 5 percent of the amount determined under paragraph (3)(C)(i). (B) Use of increased amount \nThe amount of the increase under subparagraph (A) for any calendar year may only be allocated to buildings located in a rural area (as defined in section 42(d)(5)(B)(iii)(IV)). (8) Other definitions \nFor purposes of this subsection— (A) Housing credit agency \nThe term housing credit agency means any agency authorized to carry out this subsection. (B) Possessions treated as States \nThe term State includes a possession of the United States. (9) Credit for buildings financed by tax-exempt bonds subject to volume cap not taken into account \nRules similar to the rules of subsections (h)(4), (m)(1)(D), and (m)(2)(D) of section 42 shall apply for purposes of this subsection. (i) Definitions and special rules \nFor purposes of this section— (1) Middle-income unit \n(A) In general \nThe term middle-income unit means any unit in a building if— (i) such unit is rent-restricted (as defined in subsection (g)(2)), and (ii) the individuals occupying such unit meet the income limitation applicable under subsection (g)(1) to the project of which such building is a part. (B) Exceptions \n(i) Exclusion of low-income units \nA unit shall not be treated as a middle-income unit if such unit is a low-income unit (as defined under section 42(i)(3)). (ii) Unit must be suitable for permanent occupancy \n(I) In general \nA unit shall not be treated as a middle-income unit unless the unit is suitable for occupancy and used other than on a transient basis. (II) Suitability for occupancy \nFor purposes of subclause (I), the suitability of a unit for occupancy shall be determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes. (III) Single-room occupancy units \nFor purposes of subclause (I), a single-room occupancy unit shall not be treated as used on a transient basis merely because it is rented on a month-by-month basis. (C) Special rule for buildings having 4 or fewer units \nIn the case of any building which has 4 or fewer residential rental units, no unit in such building shall be treated as a middle-income unit if the units in such building are owned by— (i) any individual who occupies a residential unit in such building, or (ii) any person who is related (as defined in subsection (d)(2)(D)(ii)) to such individual. (D) Rules relating to students \n(i) In general \nA unit occupied solely by individuals who— (I) have not attained age 24, and (II) are enrolled in a full-time course of study at an institution of higher education (as defined in section 3304(f)), shall not be treated as a middle-income unit. (ii) Exceptions \nClause (i) shall not apply to a unit occupied by an individual who— (I) is married, if such individual's spouse also occupies the unit, (II) is a person with disabilities (as defined in section 3(b)(3)(E) of the United States Housing Act of 1937), (III) is a veteran (as defined in section 101(2) of title 38, United States Code), (IV) has one or more qualifying children (as defined in section 152(c)), if such children also occupy the unit, the individual is not a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual, and such children are not claimed as dependents (as so defined) of another individual, or (V) is, or was immediately prior to attaining the age of majority— (aa) an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence, (bb) under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or (cc) was an unaccompanied youth (within the meaning of section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(6) )) or a homeless child or youth (within the meaning of section 725(2) of such Act ( 42 U.S.C. 11434a(2) )). (E) Owner-occupied buildings having 4 or fewer units eligible for credit where development plan \n(i) In general \nSubparagraph (C) shall not apply to the acquisition or rehabilitation of a building pursuant to a development plan of action sponsored by a State or local government or a qualified nonprofit organization. (ii) Limitation on credit \nIn the case of a building to which clause (i) applies, the applicable fraction shall not exceed 80 percent of the unit fraction. (iii) Certain unrented units treated as owner-occupied \nIn the case of a building to which clause (i) applies, any unit which is not rented for 90 days or more shall be treated as occupied by the owner of the building as of the 1st day it is not rented. (2) New building \nThe term new building means a building the original use of which begins with the taxpayer. (3) Existing building \nThe term existing building means any building which is not a new building. (4) Application to estates and trusts \nIn the case of an estate or trust, the amount of the credit determined under subsection (a) shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each. (5) Impact of tenant's option to acquire property \n(A) In general \nNo Federal income tax benefit shall fail to be allowable to the taxpayer with respect to any qualified middle-income building merely by reason of an option held by the tenants (in cooperative form or otherwise) or resident management corporation of such building or by a qualified nonprofit organization or government agency to purchase the property or all of the partnership interests (other than interests of the person exercising such option or a related party thereto (within the meaning of section 267(b) or 707(b)(1))) relating to the property after the close of the credit period for a price which is not less than the minimum purchase price determined under subparagraph (B). (B) Minimum purchase price \nFor purposes of subparagraph (A), the minimum purchase price under this subparagraph is an amount equal to the principal amount of outstanding indebtedness secured by the building (other than indebtedness incurred within the 5-year period ending on the date of the sale to the tenants). In the case of a purchase of a partnership interest, the minimum purchase price is an amount equal to such interest's ratable share of the amount determined under the preceding sentence. (6) Treatment of rural projects \nFor purposes of this section, in the case of any project for residential rental property located in a rural area (as defined in section 520 of the Housing Act of 1949), any income limitation measured by reference to area median gross income shall be measured by reference to the greater of area median gross income or national non-metropolitan median income. (7) Determination of whether building is Federally subsidized \n(A) In general \nExcept as otherwise provided in this paragraph, for purposes of this section, a project shall be treated as Federally subsidized for any taxable year if, at any time during such taxable year or any prior taxable year, there is or was outstanding any obligation the interest on which is exempt from tax under section 103 the proceeds of which are or were used (directly or indirectly) with respect to such project or the operation thereof. (B) Special rule for subsidized construction financing \nSubparagraph (A) shall not apply to any tax-exempt obligation used to provide construction financing for any building if— (i) such obligation (when issued) identified the building for which the proceeds of such obligation would be used, and (ii) such obligation is redeemed before such building is placed in service. (8) Reduction in basis \nIn the case of any building for which a credit is allowable under this section and section 42, the basis of the building shall be reduced by the amount of such credit allowed under subsection (a). (j) Application of at-Risk rules \nFor purposes of this section— (1) In general \nExcept as otherwise provided in this subsection, rules similar to the rules of section 49(a)(1) (other than subparagraphs (D)(ii)(II) and (D)(iv)(I) thereof), section 49(a)(2), and section 49(b)(1) shall apply in determining the qualified basis of any building in the same manner as such sections apply in determining the credit base of property. (2) Special rules for determining qualified person \nFor purposes of paragraph (1)— (A) In general \nIf the requirements of subparagraphs (B), (C), and (D) are met with respect to any financing borrowed from a qualified nonprofit organization, the determination of whether such financing is qualified commercial financing with respect to any qualified middle-income building shall be made without regard to whether such organization— (i) is actively and regularly engaged in the business of lending money, or (ii) is a person described in section 49(a)(1)(D)(iv)(II). (B) Financing secured by property \nThe requirements of this subparagraph are met with respect to any financing if such financing is secured by the qualified middle-income building, except that this subparagraph shall not apply in the case of a federally assisted building described in subsection (d)(5)(B) if— (i) a security interest in such building is not permitted by a Federal agency holding or insuring the mortgage secured by such building, and (ii) the proceeds from the financing (if any) are applied to acquire or improve such building. (C) Portion of building attributable to financing \nThe requirements of this subparagraph are met with respect to any financing for any taxable year in the credit period if, as of the close of such taxable year, not more than 60 percent of the eligible basis of the qualified middle-income building is attributable to such financing (reduced by the principal and interest of any governmental financing which is part of a wrap-around mortgage involving such financing). (D) Repayment of principal and interest \nThe requirements of this subparagraph are met with respect to any financing if such financing is fully repaid on or before the earliest of— (i) the date on which such financing matures, (ii) the 90th day after the close of the credit period with respect to the qualified middle-income building, or (iii) the date of its refinancing or the sale of the building to which such financing relates. In the case of a qualified nonprofit organization which is not described in section 49(a)(1)(D)(iv)(II) with respect to a building, clause (ii) of this subparagraph shall be applied as if the date described therein were the 90th day after the earlier of the date the building ceases to be a qualified middle-income building or the date which is 15 years after the close of a credit period with respect thereto. (3) Present value of financing \nIf the rate of interest on any financing described in paragraph (2)(A) is less than the rate which is 1 percentage point below the applicable Federal rate as of the time such financing is incurred, then the qualified basis (to which such financing relates) of the qualified middle-income building shall be the present value of the amount of such financing, using as the discount rate such applicable Federal rate. For purposes of the preceding sentence, the rate of interest on any financing shall be determined by treating interest to the extent of government subsidies as not payable. (4) Failure to fully repay \n(A) In general \nTo the extent that the requirements of paragraph (2)(D) are not met, then the taxpayer's tax under this chapter for the taxable year in which such failure occurs shall be increased by an amount equal to the applicable portion of the credit under this section with respect to such building, increased by an amount of interest for the period— (i) beginning with the due date for the filing of the return of tax imposed by chapter 1 for the 1st taxable year for which such credit was allowable, and (ii) ending with the due date for the taxable year in which such failure occurs, determined by using the underpayment rate and method under section 6621. (B) Applicable portion \nFor purposes of subparagraph (A), the term applicable portion means the aggregate decrease in the credits allowed to a taxpayer under section 38 for all prior taxable years which would have resulted if the eligible basis of the building were reduced by the amount of financing which does not meet requirements of paragraph (2)(D). (C) Certain rules to apply \nRules similar to the rules of subparagraphs (A) and (D) of section 42(j)(4) shall apply for purposes of this subsection. (k) Certifications and other reports to Secretary \n(1) Certification with respect to 1st year of credit period \nFollowing the close of the 1st taxable year in the credit period with respect to any qualified middle-income building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)— (A) the taxable year, and calendar year, in which such building was placed in service, (B) the adjusted basis and eligible basis of such building as of the close of the 1st year of the credit period, (C) the maximum applicable percentage and qualified basis permitted to be taken into account by the appropriate housing credit agency under subsection (h), and (D) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. (2) Annual reports to the Secretary \nThe Secretary may require taxpayers to submit an information return (at such time and in such form and manner as the Secretary prescribes) for each taxable year setting forth— (A) the qualified basis for the taxable year of each qualified middle-income building of the taxpayer, (B) the information described in paragraph (1)(C) for the taxable year, and (C) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the return required by the Secretary under the preceding sentence on the date prescribed therefor. (3) Annual reports from housing credit agencies \nEach agency which allocates any housing credit amount to any building for any calendar year shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual report specifying— (A) the amount of housing credit amount allocated to each building for such year, (B) sufficient information to identify each such building and the taxpayer with respect thereto, and (C) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the report required by the preceding sentence on the date prescribed therefor. (l) Responsibilities of housing credit agencies \n(1) Plans for allocation of credit among projects \n(A) In general \nNotwithstanding any other provision of this section, the housing credit dollar amount with respect to any building shall be zero unless— (i) such amount was allocated pursuant to a qualified allocation plan of the housing credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 42(m)(1)) of which such agency is a part, (ii) a comprehensive market study of the housing needs of middle-income individuals in the area to be served by the project is conducted before the credit allocation is made and at the developer's expense by a disinterested party who is approved by such agency, and (iii) a written explanation is available to the general public for any allocation of a housing credit dollar amount which is not made in accordance with established priorities and selection criteria of the housing credit agency. (B) Qualified allocation plan \nFor purposes of this paragraph, the term qualified allocation plan means any plan— (i) which sets forth selection criteria to be used to determine housing priorities of the housing credit agency which are appropriate to local conditions, (ii) which also gives preference in allocating housing credit dollar amounts among selected projects to— (I) projects obligated to serve qualified tenants for the longest periods, (II) projects in areas where rents are unaffordable to median income households, (III) projects which target housing to tenants at a range of incomes between 60 and 100 percent of area median gross income, and (IV) projects located near transit hubs, and (iii) which provides a procedure that the agency (or an agent or other private contractor of such agency) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance which such agency becomes aware of and in monitoring for noncompliance with habitability standards through regular site visits. (C) Certain selection criteria must be used \nThe selection criteria set forth in a qualified allocation plan must include— (i) project location, (ii) housing needs characteristics, (iii) project characteristics, including whether the project includes the use of existing housing as part of a community revitalization plan, (iv) sponsor characteristics, (v) tenant populations with special housing needs, (vi) tenant populations of individuals with children, (vii) projects intended for eventual tenant ownership, (viii) the energy efficiency of the project, and (ix) the historic nature of the project. (D) Certain selection criteria prohibited \nThe selection criteria set forth in a qualified allocation plan shall not include a requirement of local approval or local contributions, either as a threshold qualification requirement or as part of a point system to be considered for allocations of housing credit dollar amount. (2) Credit allocated to building not to exceed amount necessary to assure project feasibility \n(A) In general \nThe housing credit dollar amount allocated to a project shall not exceed the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified middle-income housing project throughout the credit period. (B) Agency evaluation \nIn making the determination under subparagraph (A), the housing credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the developmental and operational costs of the project. Clause (iii) shall not be applied so as to impede the development of projects in hard-to-develop areas. Such a determination shall not be construed to be a representation or warranty as to the feasibility or viability of the project. (C) Determination made when credit amount applied for and when building placed in service \n(i) In general \nA determination under subparagraph (A) shall be made as of each of the following times: (I) The application for the housing credit dollar amount. (II) The allocation of the housing credit dollar amount. (III) The date the building is placed in service. (ii) Certification as to amount of other subsidies \nPrior to each determination under clause (i), the taxpayer shall certify to the housing credit agency the full extent of all Federal, State, and local subsidies which apply (or which the taxpayer expects to apply) with respect to the building. (m) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations— (1) dealing with— (A) projects which include more than 1 building or only a portion of a building, or (B) buildings which are placed in service in portions, (2) providing for the application of this section to short taxable years, (3) preventing the avoidance of the rules of this section, and (4) providing the opportunity for housing credit agencies to correct administrative errors and omissions with respect to allocations and record keeping within a reasonable period after their discovery, taking into account the availability of regulations and other administrative guidance from the Secretary.. (b) Treatment as part of general business credit \nSection 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the middle-income housing credit determined under section 42A(a).. (c) Unused allocations carried over to low-Income housing credit \n(1) In general \nClause (i) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended— (A) by striking the unused and inserting the sum of— (I) the unused , (B) by inserting plus after calendar year, , and (C) by adding at the end the following new subclause: (II) the unused middle-income State housing credit (if any) of such State for the preceding calendar year,. (2) Unused middle-income State housing credit \nThe second sentence of section 42(h)(3)(C) of such Code is amended by inserting , and the unused middle-income State housing credit for any calendar year is the excess (if any) of the amount described in section 42A(h)(3)(C) (after application of section 42A(h)(7)) for such State over the aggregate amount of middle-income housing credit dollar amount allocated by such State under section 42A for such year after for such year. (3) Unused middle income State housing credit included in carryover allocation \nSection 42(h)(3)(D)(ii) of such Code is amended— (A) by inserting the sum of after is the excess (if any) of ; and (B) by inserting plus the unused middle-income State housing credit (as so defined) after as defined in subparagraph (C)(i)). (d) Reduction in basis \nSection 1016(a) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of paragraph (37); (2) by redesignating paragraph (38) as paragraph (39); and (3) by inserting after paragraph (37) the following new paragraph: (38) to the extent provided in section 42A(i)(8), and. (e) Conforming amendments \n(1) Section 55(c)(1) of the Internal Revenue Code of 1986 is amended by inserting 42A(j), before 45(e)(11)(C). (2) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of such Code are each amended by inserting or 42A after 42. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 42 the following new item: Sec. 42A. Middle-income housing credit.. (f) Effective date \nThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "idD878E8484F7943E1804CF96625071D95", "header": "Middle-income housing tax credit" }, { "text": "42A. Middle-income housing credit \n(a) In general \nFor purposes of section 38, the amount of the middle-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to— (1) the applicable percentage, of (2) the qualified basis of each qualified middle-income building. (b) Applicable percentage \n(1) Determination of applicable percentage \nFor purposes of this section— (A) In general \nThe term applicable percentage means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer, the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. (B) Method of prescribing percentages \nThe percentages prescribed by the Secretary for any month shall be percentages which will yield over a 15-year period amounts of credit under subsection (a) which have a present value equal to— (i) 50 percent of the qualified basis of a new building which is not Federally subsidized for the taxable year, and (ii) 20 percent of the qualified basis of a building not described in clause (i). (C) Method of discounting \nThe present value under subparagraph (B) shall be determined— (i) as of the last day of the 1st year of the 15-year period referred to in subparagraph (B), (ii) by using a discount rate equal to 72 percent of the average of the annual Federal mid-term rate and the annual Federal long-term rate applicable under section 1274(d)(1) to the month applicable under clause (i) or (ii) of subparagraph (A) and compounded annually, and (iii) by assuming that the credit allowable under this section for any year is received on the last day of such year. (2) Minimum credit rate \n(A) In general \nThe applicable percentage for any building which is not Federally subsidized for the taxable year shall not be less than 5 percent. (B) Minimum credit rate for Federally subsidized buildings \nIn the case of any building to which subparagraph (A) does not apply, except as provided in paragraph (3), the applicable percentage shall not be less than 2 percent. (3) Exception for certain Federally subsidized buildings \nIn the case of any building to which paragraph (2)(A) does not apply, the applicable percentage is zero unless— (A) a credit is allowed under section 42 with respect to such building for the taxable year, and (B) such building is financed by tax-exempt bonds as described in section 42(h)(4). (4) Cross references \n(A) For treatment of certain rehabilitation expenditures as separate new buildings, see subsection (e). (B) For determination of applicable percentage for increases in qualified basis after the 1st year of the credit period, see subsection (f)(3). (C) For authority of housing credit agency to limit applicable percentage and qualified basis which may be taken into account under this section with respect to any building, see subsection (h)(6). (c) Qualified basis; qualified middle-Income building \nFor purposes of this section— (1) Qualified basis \n(A) Determination \nThe qualified basis of any qualified middle-income building for any taxable year is an amount equal to— (i) the applicable fraction (determined as of the close of such taxable year) of (ii) the eligible basis of such building (determined under subsection (d)). (B) Applicable fraction \nFor purposes of subparagraph (A), the term applicable fraction means the smaller of the unit fraction or the floor space fraction. (C) Unit fraction \nFor purposes of subparagraph (B), the term unit fraction means the fraction— (i) the numerator of which is the number of middle-income units in the building, and (ii) the denominator of which is the number of residential rental units (whether or not occupied) in such building. (D) Floor space fraction \nFor purposes of subparagraph (B), the term floor space fraction means the fraction— (i) the numerator of which is the total floor space of the middle-income units in such building, and (ii) the denominator of which is the total floor space of the residential rental units (whether or not occupied) in such building. (2) Qualified middle-income building \nThe term qualified middle-income building means any building which is part of a qualified middle-income housing project at all times during the period— (A) beginning on the 1st day in the credit period on which such building is part of such a project, and (B) ending on the last day of the credit period with respect to such building. (d) Eligible basis \nFor purposes of this section— (1) New buildings \nThe eligible basis of a new building is its adjusted basis as of the close of the 1st taxable year of the credit period. (2) Existing buildings \n(A) In general \nThe eligible basis of an existing building is— (i) in the case of a building which meets the requirements of subparagraph (B), its adjusted basis as of the close of the 1st taxable year of the credit period, and (ii) zero in any other case. (B) Requirements \nA building meets the requirements of this subparagraph if— (i) the building is acquired by purchase (as defined in section 179(d)(2)), (ii) there is a period of at least 10 years between the date of its acquisition by the taxpayer and the date the building was last placed in service, (iii) the building was not previously placed in service by the taxpayer or by any person who was a related person with respect to the taxpayer as of the time previously placed in service, and (iv) except as provided in subsection (f)(5), a credit is allowable under subsection (a) by reason of subsection (e) with respect to the building. (C) Adjusted basis \nFor purposes of subparagraph (A), the adjusted basis of any building shall not include so much of the basis of such building as is determined by reference to the basis of other property held at any time by the person acquiring the building. (D) Special rules \n(i) Special rules for certain transfers \nFor purposes of determining under subparagraph (B)(ii) when a building was last placed in service, there shall not be taken into account any placement in service— (I) in connection with the acquisition of the building in a transaction in which the basis of the building in the hands of the person acquiring it is determined in whole or in part by reference to the adjusted basis of such building in the hands of the person from whom acquired, (II) by a person whose basis in such building is determined under section 1014(a) (relating to property acquired from a decedent), (III) by any governmental unit or qualified nonprofit organization if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such unit or organization and all the income from such property is exempt from Federal income taxation, (IV) by any person who acquired such building by foreclosure (or by instrument in lieu of foreclosure) of any purchase-money security interest held by such person if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such person and such building is resold within 12 months after the date such building is placed in service by such person after such foreclosure, or (V) of a single-family residence by any individual who owned and used such residence for no other purpose than as his principal residence. (ii) Related person \nFor purposes of subparagraph (B)(iii), a person (hereinafter in this subclause referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). (3) Special rules relating to determination of adjusted basis \nFor purposes of this subsection— (A) In general \nExcept as provided in subparagraph (B), the adjusted basis of any building shall be determined without regard to the adjusted basis of any property which is not residential rental property. (B) Basis of property in common areas, etc., included \n(i) In general \nExcept as provided in clause (ii), the adjusted basis of any building shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation) used in common areas or provided as comparable amenities to all residential rental units in such building. (ii) Special rule \nIn the case of any building for which the low-income housing tax credit is allowable under section 42, the adjusted basis of the building under this section shall be determined without regard to property used in common areas or provided as comparable amenities to all residential rental units in such building. (C) No reduction for depreciation \nThe adjusted basis of any building shall be determined without regard to paragraphs (2) and (3) of section 1016(a). (4) Federal grants not taken into account in determining eligible basis \nThe eligible basis of a building shall not include any costs financed with the proceeds of a Federally funded grant. (5) Credit allowable for certain buildings acquired during 10-year period \nOn application by the taxpayer, the Secretary may waive paragraph (2)(B)(ii) with respect to any building acquired from an insured depository institution in default (as defined in section 3 of the Federal Deposit Insurance Act) or from a receiver or conservator of such an institution. (6) Acquisition of building before end of prior credit period \n(A) In general \nUnder regulations prescribed by the Secretary, in the case of a building described in subparagraph (B) (or interest therein) which is acquired by the taxpayer— (i) paragraph (2)(B) shall not apply, but (ii) the credit allowable by reason of subsection (a) to the taxpayer for any period after such acquisition shall be equal to the amount of credit which would have been allowable under subsection (a) for such period to the prior owner referred to in subparagraph (B) had such owner not disposed of the building. (B) Description of building \nA building is described in this subparagraph if— (i) a credit was allowed by reason of subsection (a) to any prior owner of such building, and (ii) the taxpayer acquired such building before the end of the credit period for such building with respect to such prior owner (determined without regard to any disposition by such prior owner). (e) Rehabilitation expenditures treated as separate new building \n(1) In general \nRehabilitation expenditures paid or incurred by the taxpayer with respect to any building shall be treated for purposes of this section as a separate new building. (2) Rehabilitation expenditures \nFor purposes of paragraph (1)— (A) In general \nThe term rehabilitation expenditures means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. (B) Cost of acquisition, etc., not included \nSuch term does not include the cost of acquiring any building (or interest therein) or any amount not permitted to be taken into account under paragraph (3) of subsection (d). (C) Certain relocation costs \nIn the case of a rehabilitation of a building to which section 280B does not apply, costs relating to the relocation of occupants, including— (i) amounts paid to occupants, (ii) amounts paid to third parties for services relating to such relocation, and (iii) amounts paid for temporary housing for occupants, shall be treated as chargeable to capital account and taken into account as rehabilitation expenditures. (3) Minimum expenditures to qualify \n(A) In general \nParagraph (1) shall apply to rehabilitation expenditures with respect to any building only if— (i) the expenditures are allocable to 1 or more middle-income units or substantially benefit such units, and (ii) the amount of such expenditures during any 24-month period meets the requirements of whichever of the following subclauses requires the greater amount of such expenditures: (I) The requirement of this subclause is met if such amount is not less than 20 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). (II) The requirement of this subclause is met if the qualified basis attributable to such amount, when divided by the number of middle-income units in the building, is equal to or greater than the dollar amount in effect under section 42(e)(3)(A)(ii)(II) for the calendar year in which such expenditures are treated as placed in service under paragraph (4). (B) Date of determination \nThe determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures. (4) Special rules \nFor purposes of applying this section with respect to expenditures which are treated as a separate building by reason of this subsection— (A) such expenditures shall be treated as placed in service at the close of the 24-month period referred to in paragraph (3)(A), and (B) the applicable fraction under subsection (c)(1) shall be the applicable fraction for the building (without regard to paragraph (1)) with respect to which the expenditures were incurred. Nothing in subsection (d)(2) shall prevent a credit from being allowed by reason of this subsection. (5) No double counting \nRehabilitation expenditures may, at the election of the taxpayer, be taken into account under this subsection or subsection (d)(2)(A)(i) but not under both such subsections. (6) Regulations to apply subsection with respect to group of units in building \nThe Secretary may prescribe regulations, consistent with the purposes of this subsection, treating a group of units with respect to which rehabilitation expenditures are incurred as a separate new building. (f) Definition and special rules relating to credit period \n(1) Credit period defined \nFor purposes of this section, the term credit period means, with respect to any building, the period of 15 taxable years beginning with— (A) the taxable year in which the building is placed in service, or (B) at the election of the taxpayer, the succeeding taxable year, but only if the building is a qualified middle-income building as of the close of the 1st year of such period. The election under subparagraph (B), once made, shall be irrevocable. (2) Special rule for 1st year of credit period \n(A) In general \nThe credit allowable under subsection (a) with respect to any building for the 1st taxable year of the credit period shall be determined by substituting for the applicable fraction under subsection (c)(1) the fraction— (i) the numerator of which is the sum of the applicable fractions determined under subsection (c)(1) as of the close of each full month of such year during which such building was in service, and (ii) the denominator of which is 12. (B) Disallowed 1st-year credit allowed in 16th year \nAny reduction by reason of subparagraph (A) in the credit allowable (without regard to subparagraph (A)) for the 1st taxable year of the credit period shall be allowable under subsection (a) for the 1st taxable year following the credit period. (3) Determination of applicable percentage with respect to increases in qualified basis after 1st year of credit period \n(A) In general \nIn the case of any building which was a qualified middle-income building as of the close of the 1st year of the credit period, if— (i) as of the close of any taxable year in the credit period (after the 1st year of such period) the qualified basis of such building, exceeds (ii) the qualified basis of such building as of the close of the 1st year of the credit period, the applicable percentage which shall apply under subsection (a) for the taxable year to such excess shall be the percentage equal to 2/3 of the applicable percentage which (after the application of subsection (h)) would but for this paragraph apply to such basis. (B) 1st year computation applies \nA rule similar to the rule of paragraph (2)(A) shall apply to any increase in qualified basis to which subparagraph (A) applies for the 1st year of such increase. (4) Dispositions of property \nIf a building (or an interest therein) is disposed of during any year for which credit is allowable under subsection (a), such credit shall be allocated between the parties on the basis of the number of days during such year the building (or interest) was held by each. (5) Credit period for existing buildings not to begin before rehabilitation credit allowed \n(A) In general \nThe credit period for an existing building shall not begin before the 1st taxable year of the credit period for rehabilitation expenditures with respect to the building. (B) Acquisition credit allowed for certain buildings not allowed a rehabilitation credit \n(i) In general \nIn the case of a building described in clause (ii)— (I) subsection (d)(2)(B)(iv) shall not apply, and (II) the credit period for such building shall not begin before the taxable year which would be the 1st taxable year of the credit period for rehabilitation expenditures with respect to the building under the modifications described in clause (ii)(II). (ii) Building described \nA building is described in this clause if— (I) a waiver is granted under subsection (d)(4) with respect to the acquisition of the building, and (II) a credit would be allowed for rehabilitation expenditures with respect to such building if subsection (e)(3)(A)(ii)(I) did not apply and if the dollar amount in effect under subsection (e)(3)(A)(ii)(II) were two-thirds of such amount. (g) Qualified middle-Income housing project \nFor purposes of this section— (1) In general \nThe term qualified middle-income housing project means any project for residential rental property if 60 percent or more of the residential units in such project are both rent-restricted and occupied by individuals whose income is 100 percent or less of area median gross income. For purposes of the preceding sentence, residential units in a building which is not a qualified middle-income building by reason of subsection (c)(2)(B) shall not be taken into account. (2) Rent-restricted units \n(A) In general \nFor purposes of paragraph (1), a residential unit is rent-restricted if the gross rent with respect to such unit does not exceed 30 percent of the imputed income limitation applicable to such unit. For purposes of the preceding sentence, the amount of the income limitation under paragraph (1) applicable for any period shall not be less than such limitation applicable for the earliest period the building (which contains the unit) was included in the determination of whether the project is a qualified middle-income housing project. (B) Gross rent \nFor purposes of subparagraph (A), gross rent— (i) includes any utility allowance determined by the Secretary after taking into account such determinations under section 8 of the United States Housing Act of 1937, (ii) does not include any fee for a supportive service which is paid to the owner of the unit (on the basis of the middle-income status of the tenant of the unit) by any governmental program of assistance (or by an organization described in section 501(c)(3) and exempt from tax under section 501(a)) if such program (or organization) provides assistance for rent and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services, and (iii) does not include any rental payment to the owner of the unit to the extent such owner pays an equivalent amount to the Farmers' Home Administration under section 515 of the Housing Act of 1949. For purposes of clause (ii), the term supportive service means any service provided under a planned program of services designed to enable residents of a residential rental property to remain independent and avoid placement in a hospital, nursing home, or intermediate care facility for the mentally or physically handicapped. (C) Imputed income limitation applicable to unit \nFor purposes of this paragraph, the imputed income limitation applicable to a unit is the income limitation which would apply under paragraph (1) to individuals occupying the unit if the number of individuals occupying the unit were as follows: (i) In the case of a unit which does not have a separate bedroom, 1 individual. (ii) In the case of a unit which has 1 or more separate bedrooms, 1.5 individuals for each separate bedroom. In the case of a project with respect to which a credit is allowable by reason of this section and for which financing is provided by a bond described in section 142(a)(7), the imputed income limitation shall apply in lieu of the otherwise applicable income limitation for purposes of applying section 142(d)(4)(B)(ii). (D) Treatment of units occupied by individuals whose incomes rise above limit \n(i) In general \nExcept as provided in clause (ii), notwithstanding an increase in the income of the occupants of a middle-income unit above the income limitation applicable under paragraph (1), such unit shall continue to be treated as a middle-income unit if the income of such occupants initially met such income limitation and such unit continues to be rent-restricted. (ii) Next available unit must be rented to middle-income tenant if income rises above 140 percent of income limit \nIf the income of the occupants of the unit increases above 140 percent of the income limitation applicable under paragraph (1), clause (i) shall cease to apply to such unit if any residential rental unit in the building (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation. (3) Date for meeting requirements \n(A) In general \nExcept as otherwise provided in this paragraph, a building shall be treated as a qualified middle-income building only if the project (of which such building is a part) meets the requirements of paragraph (1) not later than the close of the 1st year of the credit period for such building. (B) Buildings which rely on later buildings for qualification \n(i) In general \nIn determining whether a building (hereinafter in this subparagraph referred to as the prior building ) is a qualified middle-income building, the taxpayer may take into account 1 or more additional buildings placed in service during the 12-month period described in subparagraph (A) with respect to the prior building only if the taxpayer elects to apply clause (ii) with respect to each additional building taken into account. (ii) Treatment of elected buildings \nIn the case of a building which the taxpayer elects to take into account under clause (i), the period under subparagraph (A) for such building shall end at the close of the 12-month period applicable to the prior building. (iii) Date prior building is treated as placed in service \nFor purposes of determining the credit period for the prior building, the prior building shall be treated for purposes of this section as placed in service on the most recent date any additional building elected by the taxpayer (with respect to such prior building) was placed in service. (C) Special rule \nA building— (i) other than the 1st building placed in service as part of a project, and (ii) other than a building which is placed in service during the 12-month period described in subparagraph (A) with respect to a prior building which becomes a qualified middle-income building, shall in no event be treated as a qualified middle-income building unless the project is a qualified middle-income housing project (without regard to such building) on the date such building is placed in service. (D) Projects with more than 1 building must be identified \nFor purposes of this section, a project shall be treated as consisting of only 1 building unless, before the close of the 1st calendar year in the project period (as defined in subsection (h)(1)(F)(ii)), each building which is (or will be) part of such project is identified in such form and manner as the Secretary may provide. (4) Certain rules made applicable \nParagraphs (2) (other than subparagraph (A) thereof), (3), and (7) of section 142(d), and section 6652(j), shall apply for purposes of determining whether any project is a qualified middle-income housing project and whether any unit is a middle-income unit; except that, in applying such provisions for such purposes— (A) the term gross rent shall have the meaning given such term by paragraph (2)(B) of this subsection, and (B) the term applicable income limit means the limitation under paragraph (1) of this subsection. (5) Election to treat building after credit period as not part of a project \nFor purposes of this section, the taxpayer may elect to treat any building as not part of a qualified middle-income housing project for any period beginning after the credit period for such building. (6) Special rule where de minimis equity contribution \nProperty shall not be treated as failing to be residential rental property for purposes of this section merely because the occupant of a residential unit in the project pays (on a voluntary basis) to the lessor a de minimis amount to be held toward the purchase by such occupant of a residential unit in such project if— (A) all amounts so paid are refunded to the occupant on the cessation of his occupancy of a unit in the project, and (B) the purchase of the unit is not permitted until after the close of the credit period with respect to the building in which the unit is located. Any amount paid to the lessor as described in the preceding sentence shall be included in gross rent under paragraph (2) for purposes of determining whether the unit is rent-restricted. (7) Scattered site projects \nBuildings which would (but for their lack of proximity) be treated as a project for purposes of this section shall be so treated if all of the dwelling units in each of the buildings are rent-restricted (within the meaning of paragraph (2)) residential rental units. (8) Waiver of certain recertifications \nOn application by the taxpayer, the Secretary may waive any annual recertification of tenant income for purposes of this subsection, if the entire building is occupied by middle-income tenants. (9) Clarification of general public use requirement \nA project does not fail to meet the general public use requirement solely because of occupancy restrictions or preferences that favor tenants— (A) with special needs, or (B) who are members of a specified group under a Federal program or State program or policy that supports housing for such a specified group. (h) Limitation on aggregate credit allowable with respect to projects located in a State \n(1) Credit may not exceed credit amount allocated to building \n(A) In general \nThe amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the housing credit dollar amount allocated to such building under this subsection. (B) Time for making allocation \nExcept in the case of an allocation which meets the requirements of subparagraph (C), (D), (E), or (F), an allocation shall be taken into account under subparagraph (A) only if it is made not later than the close of the calendar year in which the building is placed in service. (C) Exception where binding commitment \nAn allocation meets the requirements of this subparagraph if there is a binding commitment (not later than the close of the calendar year in which the building is placed in service) by the housing credit agency to allocate a specified housing credit dollar amount to such building beginning in a specified later taxable year. (D) Exception where increase in qualified basis \n(i) In general \nAn allocation meets the requirements of this subparagraph if such allocation is made not later than the close of the calendar year in which ends the taxable year to which it will 1st apply but only to the extent the amount of such allocation does not exceed the limitation under clause (ii). (ii) Limitation \nThe limitation under this clause is the amount of credit allowable under this section (without regard to this subsection) for a taxable year with respect to an increase in the qualified basis of the building equal to the excess of— (I) the qualified basis of such building as of the close of the 1st taxable year to which such allocation will apply, over (II) the qualified basis of such building as of the close of the 1st taxable year to which the most recent prior housing credit allocation with respect to such building applied. (iii) Housing credit dollar amount reduced by full allocation \nNotwithstanding clause (i), the full amount of the allocation shall be taken into account under paragraph (2). (E) Exception where 10 percent of cost incurred \n(i) In general \nAn allocation meets the requirements of this subparagraph if such allocation is made with respect to a qualified building which is placed in service not later than the close of the second calendar year following the calendar year in which the allocation is made. (ii) Qualified building \nFor purposes of clause (i), the term qualified building means any building which is part of a project if the taxpayer's basis in such project (as of the date which is 1 year after the date that the allocation was made) is more than 10 percent of the taxpayer's reasonably expected basis in such project (as of the close of the second calendar year referred to in clause (i)). Such term does not include any existing building unless a credit is allowable under subsection (e) for rehabilitation expenditures paid or incurred by the taxpayer with respect to such building for a taxable year ending during the second calendar year referred to in clause (i) or the prior taxable year. (F) Allocation of credit on a project basis \n(i) In general \nIn the case of a project which includes (or will include) more than 1 building, an allocation meets the requirements of this subparagraph if— (I) the allocation is made to the project for a calendar year during the project period, (II) the allocation only applies to buildings placed in service during or after the calendar year for which the allocation is made, and (III) the portion of such allocation which is allocated to any building in such project is specified not later than the close of the calendar year in which the building is placed in service. (ii) Project period \nFor purposes of clause (i), the term project period means the period— (I) beginning with the 1st calendar year for which an allocation may be made for the 1st building placed in service as part of such project, and (II) ending with the calendar year the last building is placed in service as part of such project. (2) Allocated credit amount to apply to all taxable years ending during or after credit allocation year \nAny housing credit dollar amount allocated to any building for any calendar year— (A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and (B) shall reduce the aggregate housing credit dollar amount of the allocating agency only for such calendar year. (3) Housing credit dollar amount for agencies \n(A) In general \nThe aggregate housing credit dollar amount which a housing credit agency may allocate for any calendar year is the portion of the State housing credit ceiling allocated under this paragraph for such calendar year to such agency. (B) State ceiling initially allocated to State housing credit agencies \nExcept as provided in subparagraph (D), the State housing credit ceiling for each calendar year shall be allocated to the housing credit agency of such State. If there is more than 1 housing credit agency of a State, all such agencies shall be treated as a single agency. (C) State housing credit ceiling \nThe State housing credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) $1.00 multiplied by the State population, or (II) $1,140,000, plus (ii) the amount of State housing credit ceiling returned in the calendar year. For purposes of clause (ii), the amount of State housing credit ceiling returned in the calendar year equals the housing credit dollar amount previously allocated within the State to any project which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which does not become a qualified middle-income housing project within the period required by this section or the terms of the allocation or to any project with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient. (D) State may provide for different allocation \nRules similar to the rules of section 146(e) (other than paragraph (2)(B) thereof) shall apply for purposes of this paragraph. (E) Population \nFor purposes of this paragraph, population shall be determined in accordance with section 146(j). (F) Cost-of-living adjustment \n(i) In general \nIn the case of a calendar year after 2022, the $1,140,000 and $1.00 amounts in subparagraph (C) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding \n(I) In the case of the $1,140,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. (II) In the case of the $1.00 amount, any increase under clause (i) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (4) Portion of State ceiling set-aside for certain projects involving qualified nonprofit organizations \n(A) In general \nNot more than 90 percent of the State housing credit ceiling (determined without regard to paragraph (7)) for any State for any calendar year shall be allocated to projects other than qualified middle-income housing projects described in subparagraph (B). (B) Projects involving qualified nonprofit organizations \nFor purposes of subparagraph (A), a qualified middle-income housing project is described in this subparagraph if a qualified nonprofit organization is to own an interest in the project (directly or through a partnership) and materially participate (within the meaning of section 469(h)) in the development and operation of the project throughout the credit period. (C) Qualified nonprofit organization \nFor purposes of this paragraph, the term qualified nonprofit organization means any organization if— (i) such organization is described in paragraph (3) or (4) of section 501(c) and is exempt from tax under section 501(a), (ii) such organization is determined by the State housing credit agency not to be affiliated with or controlled by a for-profit organization; and (iii) one of the exempt purposes of such organization includes the fostering of middle-income housing. (D) Treatment of certain subsidiaries \n(i) In general \nFor purposes of this paragraph, a qualified nonprofit organization shall be treated as satisfying the ownership and material participation test of subparagraph (B) if any qualified corporation in which such organization holds stock satisfies such test. (ii) Qualified corporation \nFor purposes of clause (i), the term qualified corporation means any corporation if 100 percent of the stock of such corporation is held by 1 or more qualified nonprofit organizations at all times during the period such corporation is in existence. (E) State may not override set-aside \nNothing in subparagraph (E) of paragraph (3) shall be construed to permit a State not to comply with subparagraph (A) of this paragraph. (5) Buildings eligible for credit only if minimum long-term commitment to middle-income housing \n(A) In general \nNo credit shall be allowed by reason of this section with respect to any building for the taxable year unless an extended middle-income housing commitment is in effect as of the end of such taxable year. (B) Extended middle-income housing commitment \nFor purposes of this paragraph, the term extended middle-income housing commitment means any agreement between the taxpayer and the housing credit agency— (i) which requires that the applicable fraction (as defined in subsection (c)(1)) for the building for each taxable year in the extended use period will not be less than the applicable fraction specified in such agreement and which prohibits the actions described in subclauses (I) and (II) of subparagraph (E)(ii), (ii) which allows individuals who meet the income limitation applicable to the building under subsection (g) (whether prospective, present, or former occupants of the building) the right to enforce in any State court the requirement and prohibitions of clause (i), (iii) which prohibits the disposition to any person of any portion of the building to which such agreement applies unless all of the building to which such agreement applies is disposed of to such person, (iv) which prohibits the refusal to lease to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder, (v) which is binding on all successors of the taxpayer, and (vi) which, with respect to the property, is recorded pursuant to State law as a restrictive covenant. (C) Allocation of credit may not exceed amount necessary to support commitment \nThe housing credit dollar amount allocated to any building may not exceed the amount necessary to support the applicable fraction specified in the extended middle-income housing commitment for such building, including any increase in such fraction pursuant to the application of subsection (f)(3) if such increase is reflected in an amended middle-income housing commitment. (D) Extended use period \nFor purposes of this paragraph, the term extended use period means the period— (i) beginning on the 1st day in the credit period on which such building is part of a qualified middle-income housing project, and (ii) ending on the later of— (I) the date specified by such agency in such agreement, or (II) the date which is 15 years after the close of the credit period. (E) Exceptions if foreclosure or if no buyer willing to maintain middle-income status \n(i) In general \nThe extended use period for any building shall terminate on the date the building is acquired by foreclosure (or instrument in lieu of foreclosure) unless the Secretary determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such period. (ii) Eviction, etc., of existing middle-income tenants not permitted \nThe termination of an extended use period under clause (i) shall not be construed to permit before the close of the 3-year period following such termination— (I) the eviction or the termination of tenancy (other than for good cause) of an existing tenant of any middle-income unit, or (II) any increase in the gross rent with respect to such unit not otherwise permitted under this section. (F) Effect of noncompliance \nIf, during a taxable year, there is a determination that an extended middle-income housing agreement was not in effect as of the beginning of such year, such determination shall not apply to any period before such year and subparagraph (A) shall be applied without regard to such determination if the failure is corrected within 1 year from the date of the determination. (G) Projects which consist of more than 1 building \nThe application of this paragraph to projects which consist of more than 1 building shall be made under regulations prescribed by the Secretary. (6) Special rules \n(A) Building must be located within jurisdiction of credit agency \nA housing credit agency may allocate its aggregate housing credit dollar amount only to buildings located in the jurisdiction of the governmental unit of which such agency is a part. (B) Agency allocations in excess of limit \nIf the aggregate housing credit dollar amounts allocated by a housing credit agency for any calendar year exceed the portion of the State housing credit ceiling allocated to such agency for such calendar year, the housing credit dollar amounts so allocated shall be reduced (to the extent of such excess) for buildings in the reverse of the order in which the allocations of such amounts were made. (C) Credit reduced if allocated credit dollar amount is less than credit which would be allowable without regard to placed in service convention, etc \n(i) In general \nThe amount of the credit determined under this section with respect to any building shall not exceed the clause (ii) percentage of the amount of the credit which would (but for this subparagraph) be determined under this section with respect to such building. (ii) Determination of percentage \nFor purposes of clause (i), the clause (ii) percentage with respect to any building is the percentage which— (I) the housing credit dollar amount allocated to such building, bears to (II) the credit amount determined in accordance with clause (iii). (iii) Determination of credit amount \nThe credit amount determined in accordance with this clause is the amount of the credit which would (but for this subparagraph) be determined under this section with respect to the building if— (I) this section were applied without regard to paragraphs (2)(A) and (3)(B) of subsection (f), and (II) subsection (f)(3)(A) were applied without regard to the percentage equal to 2/3 of. (D) Housing credit agency to specify applicable percentage and maximum qualified basis \nIn allocating a housing credit dollar amount to any building, the housing credit agency shall specify the applicable percentage and the maximum qualified basis which may be taken into account under this section with respect to such building. The applicable percentage and maximum qualified basis so specified shall not exceed the applicable percentage and qualified basis determined under this section without regard to this subsection. (7) Increase in State ceiling dedicated to certain rural development projects \n(A) In general \nThe State housing credit ceiling for any calendar year shall be increased by an amount equal to 5 percent of the amount determined under paragraph (3)(C)(i). (B) Use of increased amount \nThe amount of the increase under subparagraph (A) for any calendar year may only be allocated to buildings located in a rural area (as defined in section 42(d)(5)(B)(iii)(IV)). (8) Other definitions \nFor purposes of this subsection— (A) Housing credit agency \nThe term housing credit agency means any agency authorized to carry out this subsection. (B) Possessions treated as States \nThe term State includes a possession of the United States. (9) Credit for buildings financed by tax-exempt bonds subject to volume cap not taken into account \nRules similar to the rules of subsections (h)(4), (m)(1)(D), and (m)(2)(D) of section 42 shall apply for purposes of this subsection. (i) Definitions and special rules \nFor purposes of this section— (1) Middle-income unit \n(A) In general \nThe term middle-income unit means any unit in a building if— (i) such unit is rent-restricted (as defined in subsection (g)(2)), and (ii) the individuals occupying such unit meet the income limitation applicable under subsection (g)(1) to the project of which such building is a part. (B) Exceptions \n(i) Exclusion of low-income units \nA unit shall not be treated as a middle-income unit if such unit is a low-income unit (as defined under section 42(i)(3)). (ii) Unit must be suitable for permanent occupancy \n(I) In general \nA unit shall not be treated as a middle-income unit unless the unit is suitable for occupancy and used other than on a transient basis. (II) Suitability for occupancy \nFor purposes of subclause (I), the suitability of a unit for occupancy shall be determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes. (III) Single-room occupancy units \nFor purposes of subclause (I), a single-room occupancy unit shall not be treated as used on a transient basis merely because it is rented on a month-by-month basis. (C) Special rule for buildings having 4 or fewer units \nIn the case of any building which has 4 or fewer residential rental units, no unit in such building shall be treated as a middle-income unit if the units in such building are owned by— (i) any individual who occupies a residential unit in such building, or (ii) any person who is related (as defined in subsection (d)(2)(D)(ii)) to such individual. (D) Rules relating to students \n(i) In general \nA unit occupied solely by individuals who— (I) have not attained age 24, and (II) are enrolled in a full-time course of study at an institution of higher education (as defined in section 3304(f)), shall not be treated as a middle-income unit. (ii) Exceptions \nClause (i) shall not apply to a unit occupied by an individual who— (I) is married, if such individual's spouse also occupies the unit, (II) is a person with disabilities (as defined in section 3(b)(3)(E) of the United States Housing Act of 1937), (III) is a veteran (as defined in section 101(2) of title 38, United States Code), (IV) has one or more qualifying children (as defined in section 152(c)), if such children also occupy the unit, the individual is not a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual, and such children are not claimed as dependents (as so defined) of another individual, or (V) is, or was immediately prior to attaining the age of majority— (aa) an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence, (bb) under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or (cc) was an unaccompanied youth (within the meaning of section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(6) )) or a homeless child or youth (within the meaning of section 725(2) of such Act ( 42 U.S.C. 11434a(2) )). (E) Owner-occupied buildings having 4 or fewer units eligible for credit where development plan \n(i) In general \nSubparagraph (C) shall not apply to the acquisition or rehabilitation of a building pursuant to a development plan of action sponsored by a State or local government or a qualified nonprofit organization. (ii) Limitation on credit \nIn the case of a building to which clause (i) applies, the applicable fraction shall not exceed 80 percent of the unit fraction. (iii) Certain unrented units treated as owner-occupied \nIn the case of a building to which clause (i) applies, any unit which is not rented for 90 days or more shall be treated as occupied by the owner of the building as of the 1st day it is not rented. (2) New building \nThe term new building means a building the original use of which begins with the taxpayer. (3) Existing building \nThe term existing building means any building which is not a new building. (4) Application to estates and trusts \nIn the case of an estate or trust, the amount of the credit determined under subsection (a) shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each. (5) Impact of tenant's option to acquire property \n(A) In general \nNo Federal income tax benefit shall fail to be allowable to the taxpayer with respect to any qualified middle-income building merely by reason of an option held by the tenants (in cooperative form or otherwise) or resident management corporation of such building or by a qualified nonprofit organization or government agency to purchase the property or all of the partnership interests (other than interests of the person exercising such option or a related party thereto (within the meaning of section 267(b) or 707(b)(1))) relating to the property after the close of the credit period for a price which is not less than the minimum purchase price determined under subparagraph (B). (B) Minimum purchase price \nFor purposes of subparagraph (A), the minimum purchase price under this subparagraph is an amount equal to the principal amount of outstanding indebtedness secured by the building (other than indebtedness incurred within the 5-year period ending on the date of the sale to the tenants). In the case of a purchase of a partnership interest, the minimum purchase price is an amount equal to such interest's ratable share of the amount determined under the preceding sentence. (6) Treatment of rural projects \nFor purposes of this section, in the case of any project for residential rental property located in a rural area (as defined in section 520 of the Housing Act of 1949), any income limitation measured by reference to area median gross income shall be measured by reference to the greater of area median gross income or national non-metropolitan median income. (7) Determination of whether building is Federally subsidized \n(A) In general \nExcept as otherwise provided in this paragraph, for purposes of this section, a project shall be treated as Federally subsidized for any taxable year if, at any time during such taxable year or any prior taxable year, there is or was outstanding any obligation the interest on which is exempt from tax under section 103 the proceeds of which are or were used (directly or indirectly) with respect to such project or the operation thereof. (B) Special rule for subsidized construction financing \nSubparagraph (A) shall not apply to any tax-exempt obligation used to provide construction financing for any building if— (i) such obligation (when issued) identified the building for which the proceeds of such obligation would be used, and (ii) such obligation is redeemed before such building is placed in service. (8) Reduction in basis \nIn the case of any building for which a credit is allowable under this section and section 42, the basis of the building shall be reduced by the amount of such credit allowed under subsection (a). (j) Application of at-Risk rules \nFor purposes of this section— (1) In general \nExcept as otherwise provided in this subsection, rules similar to the rules of section 49(a)(1) (other than subparagraphs (D)(ii)(II) and (D)(iv)(I) thereof), section 49(a)(2), and section 49(b)(1) shall apply in determining the qualified basis of any building in the same manner as such sections apply in determining the credit base of property. (2) Special rules for determining qualified person \nFor purposes of paragraph (1)— (A) In general \nIf the requirements of subparagraphs (B), (C), and (D) are met with respect to any financing borrowed from a qualified nonprofit organization, the determination of whether such financing is qualified commercial financing with respect to any qualified middle-income building shall be made without regard to whether such organization— (i) is actively and regularly engaged in the business of lending money, or (ii) is a person described in section 49(a)(1)(D)(iv)(II). (B) Financing secured by property \nThe requirements of this subparagraph are met with respect to any financing if such financing is secured by the qualified middle-income building, except that this subparagraph shall not apply in the case of a federally assisted building described in subsection (d)(5)(B) if— (i) a security interest in such building is not permitted by a Federal agency holding or insuring the mortgage secured by such building, and (ii) the proceeds from the financing (if any) are applied to acquire or improve such building. (C) Portion of building attributable to financing \nThe requirements of this subparagraph are met with respect to any financing for any taxable year in the credit period if, as of the close of such taxable year, not more than 60 percent of the eligible basis of the qualified middle-income building is attributable to such financing (reduced by the principal and interest of any governmental financing which is part of a wrap-around mortgage involving such financing). (D) Repayment of principal and interest \nThe requirements of this subparagraph are met with respect to any financing if such financing is fully repaid on or before the earliest of— (i) the date on which such financing matures, (ii) the 90th day after the close of the credit period with respect to the qualified middle-income building, or (iii) the date of its refinancing or the sale of the building to which such financing relates. In the case of a qualified nonprofit organization which is not described in section 49(a)(1)(D)(iv)(II) with respect to a building, clause (ii) of this subparagraph shall be applied as if the date described therein were the 90th day after the earlier of the date the building ceases to be a qualified middle-income building or the date which is 15 years after the close of a credit period with respect thereto. (3) Present value of financing \nIf the rate of interest on any financing described in paragraph (2)(A) is less than the rate which is 1 percentage point below the applicable Federal rate as of the time such financing is incurred, then the qualified basis (to which such financing relates) of the qualified middle-income building shall be the present value of the amount of such financing, using as the discount rate such applicable Federal rate. For purposes of the preceding sentence, the rate of interest on any financing shall be determined by treating interest to the extent of government subsidies as not payable. (4) Failure to fully repay \n(A) In general \nTo the extent that the requirements of paragraph (2)(D) are not met, then the taxpayer's tax under this chapter for the taxable year in which such failure occurs shall be increased by an amount equal to the applicable portion of the credit under this section with respect to such building, increased by an amount of interest for the period— (i) beginning with the due date for the filing of the return of tax imposed by chapter 1 for the 1st taxable year for which such credit was allowable, and (ii) ending with the due date for the taxable year in which such failure occurs, determined by using the underpayment rate and method under section 6621. (B) Applicable portion \nFor purposes of subparagraph (A), the term applicable portion means the aggregate decrease in the credits allowed to a taxpayer under section 38 for all prior taxable years which would have resulted if the eligible basis of the building were reduced by the amount of financing which does not meet requirements of paragraph (2)(D). (C) Certain rules to apply \nRules similar to the rules of subparagraphs (A) and (D) of section 42(j)(4) shall apply for purposes of this subsection. (k) Certifications and other reports to Secretary \n(1) Certification with respect to 1st year of credit period \nFollowing the close of the 1st taxable year in the credit period with respect to any qualified middle-income building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)— (A) the taxable year, and calendar year, in which such building was placed in service, (B) the adjusted basis and eligible basis of such building as of the close of the 1st year of the credit period, (C) the maximum applicable percentage and qualified basis permitted to be taken into account by the appropriate housing credit agency under subsection (h), and (D) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. (2) Annual reports to the Secretary \nThe Secretary may require taxpayers to submit an information return (at such time and in such form and manner as the Secretary prescribes) for each taxable year setting forth— (A) the qualified basis for the taxable year of each qualified middle-income building of the taxpayer, (B) the information described in paragraph (1)(C) for the taxable year, and (C) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the return required by the Secretary under the preceding sentence on the date prescribed therefor. (3) Annual reports from housing credit agencies \nEach agency which allocates any housing credit amount to any building for any calendar year shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual report specifying— (A) the amount of housing credit amount allocated to each building for such year, (B) sufficient information to identify each such building and the taxpayer with respect thereto, and (C) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the report required by the preceding sentence on the date prescribed therefor. (l) Responsibilities of housing credit agencies \n(1) Plans for allocation of credit among projects \n(A) In general \nNotwithstanding any other provision of this section, the housing credit dollar amount with respect to any building shall be zero unless— (i) such amount was allocated pursuant to a qualified allocation plan of the housing credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 42(m)(1)) of which such agency is a part, (ii) a comprehensive market study of the housing needs of middle-income individuals in the area to be served by the project is conducted before the credit allocation is made and at the developer's expense by a disinterested party who is approved by such agency, and (iii) a written explanation is available to the general public for any allocation of a housing credit dollar amount which is not made in accordance with established priorities and selection criteria of the housing credit agency. (B) Qualified allocation plan \nFor purposes of this paragraph, the term qualified allocation plan means any plan— (i) which sets forth selection criteria to be used to determine housing priorities of the housing credit agency which are appropriate to local conditions, (ii) which also gives preference in allocating housing credit dollar amounts among selected projects to— (I) projects obligated to serve qualified tenants for the longest periods, (II) projects in areas where rents are unaffordable to median income households, (III) projects which target housing to tenants at a range of incomes between 60 and 100 percent of area median gross income, and (IV) projects located near transit hubs, and (iii) which provides a procedure that the agency (or an agent or other private contractor of such agency) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance which such agency becomes aware of and in monitoring for noncompliance with habitability standards through regular site visits. (C) Certain selection criteria must be used \nThe selection criteria set forth in a qualified allocation plan must include— (i) project location, (ii) housing needs characteristics, (iii) project characteristics, including whether the project includes the use of existing housing as part of a community revitalization plan, (iv) sponsor characteristics, (v) tenant populations with special housing needs, (vi) tenant populations of individuals with children, (vii) projects intended for eventual tenant ownership, (viii) the energy efficiency of the project, and (ix) the historic nature of the project. (D) Certain selection criteria prohibited \nThe selection criteria set forth in a qualified allocation plan shall not include a requirement of local approval or local contributions, either as a threshold qualification requirement or as part of a point system to be considered for allocations of housing credit dollar amount. (2) Credit allocated to building not to exceed amount necessary to assure project feasibility \n(A) In general \nThe housing credit dollar amount allocated to a project shall not exceed the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified middle-income housing project throughout the credit period. (B) Agency evaluation \nIn making the determination under subparagraph (A), the housing credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the developmental and operational costs of the project. Clause (iii) shall not be applied so as to impede the development of projects in hard-to-develop areas. Such a determination shall not be construed to be a representation or warranty as to the feasibility or viability of the project. (C) Determination made when credit amount applied for and when building placed in service \n(i) In general \nA determination under subparagraph (A) shall be made as of each of the following times: (I) The application for the housing credit dollar amount. (II) The allocation of the housing credit dollar amount. (III) The date the building is placed in service. (ii) Certification as to amount of other subsidies \nPrior to each determination under clause (i), the taxpayer shall certify to the housing credit agency the full extent of all Federal, State, and local subsidies which apply (or which the taxpayer expects to apply) with respect to the building. (m) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations— (1) dealing with— (A) projects which include more than 1 building or only a portion of a building, or (B) buildings which are placed in service in portions, (2) providing for the application of this section to short taxable years, (3) preventing the avoidance of the rules of this section, and (4) providing the opportunity for housing credit agencies to correct administrative errors and omissions with respect to allocations and record keeping within a reasonable period after their discovery, taking into account the availability of regulations and other administrative guidance from the Secretary.", "id": "P78C9E79EF8354D92A03EC3D0FB6070E7", "header": "Middle-income housing credit" }, { "text": "217. Neighborhood homes credit \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 216, is further amended by inserting after section 42A the following new section: 42B. Neighborhood homes credit \n(a) Allowance of credit \nFor purposes of section 38, the amount of the neighborhood homes credit determined under this section for a taxable year for a qualified project shall be, with respect to each qualified residence that is part of such qualified project and with respect to which there is a qualified completion event during such taxable year, an amount equal to— (1) in the case of an affordable sale, with respect to the seller, the excess of— (A) the qualified development cost incurred by such seller for such qualified residence, over (B) the sale price of such qualified residence, or (2) in the case of any rehabilitation described in subsection (f)(5)(B), with respect to a taxpayer other than the owner of the qualified residence (or a related person with respect to such owner), the excess of— (A) the qualified development cost incurred by such taxpayer for such qualified residence, over (B) the amount received by such taxpayer as payment for such rehabilitation. (b) Limitations \n(1) Amount \nThe amount determined under subsection (a) with respect to a qualified residence shall not exceed 35 percent of the lesser of— (A) the qualified development cost, reduced by so much of the amount described in subsection (c)(2)(B) as exceeds an amount equal to 75 percent of the costs described in subsection (c)(2)(A), or (B) 80 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). (2) Allocations \n(A) In general \nThe amount determined under subsection (a) with respect to a qualified residence that is part of a qualified project and with respect to which there is a qualified completion event shall not exceed the excess of— (i) the amount determined under subparagraph (B), over (ii) the amounts previously determined under subsection (a) with respect to such qualified project. (B) Allocation amount \nThe amount determined under this paragraph with respect to a qualified residence that is part of a qualified project and with respect to which there is a qualified completion event is the least of— (i) the amount allocated to such project by the neighborhood homes credit agency under this section, (ii) pursuant to subparagraph (C), the amount such agency determines at the time of the qualified completion event is necessary to ensure the financial feasibility of the project, or (iii) in the case of a qualified completion event that occurs after the 5-year period beginning on the date of the allocation referred to in clause (i), $0. (C) Financial feasibility \nFor purposes of subparagraph (B)(ii), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the qualified project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the amount allocated to such project under this section used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the qualified development cost of the qualified project. (c) Qualified development cost \nFor purposes of this section— (1) In general \nThe term qualified development cost means, with respect to a qualified residence, so much of the allowable development cost as the neighborhood homes credit agency certifies, at the time of the completion event, meets the standards promulgated under subsection (h)(1)(C). (2) Allowable development cost \nThe term allowable development cost means— (A) any costs and fees relating to construction, substantial rehabilitation, demolition of any structure, or environmental remediation, and (B) in the case of an affordable sale, the adjusted basis of buildings and land, determined as of the date of acquisition. (3) Condominium and cooperative housing units \nIn the case of a qualified residence described in subparagraph (B) or (C) of subsection (f)(1), the allowable development cost of such qualified residence shall be an amount equal to the total allowable development cost of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (A) the numerator of which is the total floor space of such qualified residence, and (B) the denominator of which is the total floor space of all residences within such property. (d) Qualified project \nFor purposes of this section, the term qualified project means a project that— (1) a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences located in one or more qualified census tracts, and (2) is designated by such agency as a qualified project under this section and is allocated (before such building or substantial rehabilitation begins) a portion of the amount allocated to such agency under subsection (g). (e) Qualified census tract \nFor purposes of this section— (1) In general \nThe term qualified census tract means a census tract— (A) with— (i) a median gross income which does not exceed 80 percent of the applicable area median gross income, (ii) a poverty rate that is not less than 130 percent of the applicable area poverty rate, and (iii) a median value for owner-occupied homes that does not exceed applicable area median value for owner-occupied homes, (B) which is located in a city with a population of not less than 50,000 and a poverty rate that is not less than 150 percent of the applicable area poverty rate, and which has— (i) a median gross income which does not exceed the applicable area median gross income, and (ii) a median value for owner-occupied homes that does not exceed 80 percent of the applicable area median value for owner-occupied homes, or (C) which is located in a nonmetropolitan county and which has— (i) a median gross income which does not exceed the applicable area median gross income, and (ii) been designated by a neighborhood homes credit agency under this clause. (2) Additional census tracts for substantial rehabilitation \nIn the case of a qualified residence that is intended for substantial rehabilitation described in subsection (f)(5)(B), the term qualified census tract includes a census tract which is located within an area— (A) with respect to which a major disaster has been declared by the President, not more than 3 years before the date on which the neighborhood homes credit agency makes an allocation for a qualified project within such census tract, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (B) which contains qualified residences for which there are qualified development costs related to such major disaster. (3) List of qualified census tracts \nThe Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, subparagraphs (A) and (B) of paragraph (1), (B) subparagraph (C) of such paragraph, and (C) paragraph (2). (f) Other definitions \nFor purposes of this section— (1) Qualified residence \nThe term qualified residence means a residence that consists of— (A) a single-family home, including manufactured homes or similar housing units, containing 4 or fewer residential units, (B) a condominium unit, or (C) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)(1)). (2) Affordable sale \n(A) In general \n(i) In general \nThe term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (h)(1)(D) for a price that does not exceed— (I) in the case of any qualified residence not described in subclause (II), (III), or (IV), the amount equal to the product of 4 multiplied by the applicable area median gross income, (II) in the case of a single-family home containing two residential units, 125 percent of the amount described in subclause (I), (III) in the case of a single-family home containing three residential units, 150 percent of the amount described in subclause (I), or (IV) in the case of a single-family home containing four residential units, 175 percent of the amount described in subclause (I). (ii) Related persons \n(I) In general \nA sale between related persons shall not be treated as an affordable sale. (II) Definition \nFor purposes of this section, a person (in this clause referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent. (3) Applicable area \nThe term applicable area means— (A) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (B) in the case of a census tract other than a census tract described in subparagraph (A), the State. (4) Substantial rehabilitation \nThe term substantial rehabilitation means rehabilitation efforts involving qualified development costs that are not less than the greater of— (A) $20,000, or (B) 20 percent of the adjusted basis of the buildings and land, determined as of the date of acquisition. (5) Qualified completion event \nThe term qualified completion event means— (A) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, an affordable sale, or (B) in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and owned by the same qualified homeowner throughout such rehabilitation, the completion of such rehabilitation (as determined by the neighborhood homes credit agency) to the standards promulgated under subsection (h)(1)(D). (6) Qualified homeowner \n(A) In general \nThe term qualified homeowner means, with respect to a qualified residence, an individual— (i) who owns and uses such qualified residence as the principal residence of such individual, and (ii) whose income is 140 percent or less of the applicable area median gross income for the location of the qualified residence. (B) Ownership \nFor purposes of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (C) Income \nFor purposes of this paragraph, income shall be a determined in accordance with section 143(f)(2) and 143(f)(4). (D) Timing \nFor purposes of this paragraph, the income of a taxpayer shall be determined— (i) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, at the time a binding contract for purchase is made, or (ii) in the case of a qualified residence that is occupied by a qualified homeowner and intended to be substantially rehabilitated as part of a qualified project, at the time a binding contract to undertake such rehabilitation is made. (7) Neighborhood homes credit agency \nThe term neighborhood homes credit agency means the agency designated by the State as the neighborhood homes credit agency of the State. (g) Allocation \n(1) State neighborhood homes credit ceiling \nThe State neighborhood homes credit amount for a State for a calendar year is an amount equal to the greater of— (A) the product of $6, multiplied by the State population (determined in accordance with section 146(j)), or (B) $8,000,000. (2) Unused amount \nThe State neighborhood homes credit amount for a calendar year shall be increased by the sum of— (A) any amount certified by the neighborhood homes credit agency of the State as having been previously allocated to a qualified project and not used during the 5-year period described in subsection (b)(2)(B)(iii), plus (B) sum of the amount by which the amount determined under paragraph (1) (without application of this paragraph) exceeded the amount allocated to qualified projects in each of the three immediately preceding calendar years. (3) Portion of state credit ceiling for certain projects involving qualified nonprofit organizations \nRules similar to the rules of section 42(h)(5) shall apply. (h) Responsibilities of neighborhood homes credit agencies \n(1) In general \nNotwithstanding subsection (g), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of such amount for the previous year to projects with respect to qualified residences in census tracts under subsection (e)(1)(C) or (e)(2), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, and (E) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new or substantially rehabilitated, (IV) the eligible basis of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence or, in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and is owned by the same qualified homeowner during the entirety of such rehabilitation, the cost of the substantial rehabilitation, and (VII) the income of the qualified homeowner (expressed as a percentage of the applicable area median gross income for the location of the qualified residence), and (iii) such other information as the Secretary may require. (2) Qualified allocation plan \nFor purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, (iii) the capability of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Secretary of any such noncompliance of which the agency becomes aware. (i) Possessions treated as States \nFor purposes of this section, the term State includes the District of Columbia and a possession of the United States. (j) Repayment \n(1) In general \n(A) Sold during 5-year period \nIf a qualified residence is sold during the 5-year period beginning on the date of the qualified completion event described in subsection (a) with respect to such qualified residence, the seller shall transfer an amount equal to the repayment amount from the amount realized on such sale to the relevant neighborhood homes credit agency. (B) Use of repayments \nA neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount \nFor purposes of paragraph (1)(A), the repayment amount is an amount equal to 50 percent of the gain from such resale, reduced by 20 percent for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of the sale referred to in such paragraph. (3) Lien for repayment amount \nA neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Denial of deductions if converted to rental housing \nIf, during the 5-year period beginning on the date of the qualified completion event described in subsection (a), an individual who owns a qualified residence fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. (5) Waiver \nThe neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) in the case of a homeowner experiencing a hardship. (k) Report \n(1) In general \nThe Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (h)(1)(E). (2) De-identification \nThe Secretary shall ensure that any information made public pursuant to paragraph (1) excludes any information that would allow for the identification of qualified homeowners. (l) Inflation adjustment \n(1) In general \nIn the case of a calendar year after 2022, the dollar amounts in this section shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \n(A) Substantial rehabilitation \nIn the case of the dollar amount in subsection (f)(4), any increase under the preceding sentence which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (B) In the case of the dollar amount in subsection (g)(1)(A), any increase under the preceding sentence which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (C) In the case of the dollar amount in subsection (g)(1)(B), any increase under the preceding sentence which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.. (b) Current year business credit calculation \nSection 38(b) of the Internal Revenue Code of 1986, as amended by section 216, is further amended by redesignating paragraphs (6) through (34) as paragraphs (7) through (35), respectively, and by inserting after paragraph (5) the following new paragraph: (6) the neighborhood homes credit determined under section 42B(a),. (c) Limitation on carryback \nSection 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) No carryback of neighborhood homes credit before effective date \nNo amount of the unused credit attributable to section 42B may be taken into account under section 38(a)(3) for any taxable year beginning before the date of the enactment of this subsection.. (d) Conforming amendments \nSubsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of the Internal Revenue Code of 1986, as amended by section 216, are each further amended by striking 42 or 42A and inserting 42, 42A, or 42B. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 216, is further amended by inserting after the item relating to section 42A the following: Sec. 42B. Neighborhood homes credit.. (f) Effective date \nThe amendments made by this section shall apply to calendar years beginning after December 31, 2021.", "id": "H24A7130F73E348E592C626D58DCD2089", "header": "Neighborhood homes credit" }, { "text": "42B. Neighborhood homes credit \n(a) Allowance of credit \nFor purposes of section 38, the amount of the neighborhood homes credit determined under this section for a taxable year for a qualified project shall be, with respect to each qualified residence that is part of such qualified project and with respect to which there is a qualified completion event during such taxable year, an amount equal to— (1) in the case of an affordable sale, with respect to the seller, the excess of— (A) the qualified development cost incurred by such seller for such qualified residence, over (B) the sale price of such qualified residence, or (2) in the case of any rehabilitation described in subsection (f)(5)(B), with respect to a taxpayer other than the owner of the qualified residence (or a related person with respect to such owner), the excess of— (A) the qualified development cost incurred by such taxpayer for such qualified residence, over (B) the amount received by such taxpayer as payment for such rehabilitation. (b) Limitations \n(1) Amount \nThe amount determined under subsection (a) with respect to a qualified residence shall not exceed 35 percent of the lesser of— (A) the qualified development cost, reduced by so much of the amount described in subsection (c)(2)(B) as exceeds an amount equal to 75 percent of the costs described in subsection (c)(2)(A), or (B) 80 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). (2) Allocations \n(A) In general \nThe amount determined under subsection (a) with respect to a qualified residence that is part of a qualified project and with respect to which there is a qualified completion event shall not exceed the excess of— (i) the amount determined under subparagraph (B), over (ii) the amounts previously determined under subsection (a) with respect to such qualified project. (B) Allocation amount \nThe amount determined under this paragraph with respect to a qualified residence that is part of a qualified project and with respect to which there is a qualified completion event is the least of— (i) the amount allocated to such project by the neighborhood homes credit agency under this section, (ii) pursuant to subparagraph (C), the amount such agency determines at the time of the qualified completion event is necessary to ensure the financial feasibility of the project, or (iii) in the case of a qualified completion event that occurs after the 5-year period beginning on the date of the allocation referred to in clause (i), $0. (C) Financial feasibility \nFor purposes of subparagraph (B)(ii), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the qualified project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the amount allocated to such project under this section used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the qualified development cost of the qualified project. (c) Qualified development cost \nFor purposes of this section— (1) In general \nThe term qualified development cost means, with respect to a qualified residence, so much of the allowable development cost as the neighborhood homes credit agency certifies, at the time of the completion event, meets the standards promulgated under subsection (h)(1)(C). (2) Allowable development cost \nThe term allowable development cost means— (A) any costs and fees relating to construction, substantial rehabilitation, demolition of any structure, or environmental remediation, and (B) in the case of an affordable sale, the adjusted basis of buildings and land, determined as of the date of acquisition. (3) Condominium and cooperative housing units \nIn the case of a qualified residence described in subparagraph (B) or (C) of subsection (f)(1), the allowable development cost of such qualified residence shall be an amount equal to the total allowable development cost of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (A) the numerator of which is the total floor space of such qualified residence, and (B) the denominator of which is the total floor space of all residences within such property. (d) Qualified project \nFor purposes of this section, the term qualified project means a project that— (1) a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences located in one or more qualified census tracts, and (2) is designated by such agency as a qualified project under this section and is allocated (before such building or substantial rehabilitation begins) a portion of the amount allocated to such agency under subsection (g). (e) Qualified census tract \nFor purposes of this section— (1) In general \nThe term qualified census tract means a census tract— (A) with— (i) a median gross income which does not exceed 80 percent of the applicable area median gross income, (ii) a poverty rate that is not less than 130 percent of the applicable area poverty rate, and (iii) a median value for owner-occupied homes that does not exceed applicable area median value for owner-occupied homes, (B) which is located in a city with a population of not less than 50,000 and a poverty rate that is not less than 150 percent of the applicable area poverty rate, and which has— (i) a median gross income which does not exceed the applicable area median gross income, and (ii) a median value for owner-occupied homes that does not exceed 80 percent of the applicable area median value for owner-occupied homes, or (C) which is located in a nonmetropolitan county and which has— (i) a median gross income which does not exceed the applicable area median gross income, and (ii) been designated by a neighborhood homes credit agency under this clause. (2) Additional census tracts for substantial rehabilitation \nIn the case of a qualified residence that is intended for substantial rehabilitation described in subsection (f)(5)(B), the term qualified census tract includes a census tract which is located within an area— (A) with respect to which a major disaster has been declared by the President, not more than 3 years before the date on which the neighborhood homes credit agency makes an allocation for a qualified project within such census tract, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (B) which contains qualified residences for which there are qualified development costs related to such major disaster. (3) List of qualified census tracts \nThe Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, subparagraphs (A) and (B) of paragraph (1), (B) subparagraph (C) of such paragraph, and (C) paragraph (2). (f) Other definitions \nFor purposes of this section— (1) Qualified residence \nThe term qualified residence means a residence that consists of— (A) a single-family home, including manufactured homes or similar housing units, containing 4 or fewer residential units, (B) a condominium unit, or (C) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)(1)). (2) Affordable sale \n(A) In general \n(i) In general \nThe term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (h)(1)(D) for a price that does not exceed— (I) in the case of any qualified residence not described in subclause (II), (III), or (IV), the amount equal to the product of 4 multiplied by the applicable area median gross income, (II) in the case of a single-family home containing two residential units, 125 percent of the amount described in subclause (I), (III) in the case of a single-family home containing three residential units, 150 percent of the amount described in subclause (I), or (IV) in the case of a single-family home containing four residential units, 175 percent of the amount described in subclause (I). (ii) Related persons \n(I) In general \nA sale between related persons shall not be treated as an affordable sale. (II) Definition \nFor purposes of this section, a person (in this clause referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent. (3) Applicable area \nThe term applicable area means— (A) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (B) in the case of a census tract other than a census tract described in subparagraph (A), the State. (4) Substantial rehabilitation \nThe term substantial rehabilitation means rehabilitation efforts involving qualified development costs that are not less than the greater of— (A) $20,000, or (B) 20 percent of the adjusted basis of the buildings and land, determined as of the date of acquisition. (5) Qualified completion event \nThe term qualified completion event means— (A) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, an affordable sale, or (B) in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and owned by the same qualified homeowner throughout such rehabilitation, the completion of such rehabilitation (as determined by the neighborhood homes credit agency) to the standards promulgated under subsection (h)(1)(D). (6) Qualified homeowner \n(A) In general \nThe term qualified homeowner means, with respect to a qualified residence, an individual— (i) who owns and uses such qualified residence as the principal residence of such individual, and (ii) whose income is 140 percent or less of the applicable area median gross income for the location of the qualified residence. (B) Ownership \nFor purposes of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (C) Income \nFor purposes of this paragraph, income shall be a determined in accordance with section 143(f)(2) and 143(f)(4). (D) Timing \nFor purposes of this paragraph, the income of a taxpayer shall be determined— (i) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, at the time a binding contract for purchase is made, or (ii) in the case of a qualified residence that is occupied by a qualified homeowner and intended to be substantially rehabilitated as part of a qualified project, at the time a binding contract to undertake such rehabilitation is made. (7) Neighborhood homes credit agency \nThe term neighborhood homes credit agency means the agency designated by the State as the neighborhood homes credit agency of the State. (g) Allocation \n(1) State neighborhood homes credit ceiling \nThe State neighborhood homes credit amount for a State for a calendar year is an amount equal to the greater of— (A) the product of $6, multiplied by the State population (determined in accordance with section 146(j)), or (B) $8,000,000. (2) Unused amount \nThe State neighborhood homes credit amount for a calendar year shall be increased by the sum of— (A) any amount certified by the neighborhood homes credit agency of the State as having been previously allocated to a qualified project and not used during the 5-year period described in subsection (b)(2)(B)(iii), plus (B) sum of the amount by which the amount determined under paragraph (1) (without application of this paragraph) exceeded the amount allocated to qualified projects in each of the three immediately preceding calendar years. (3) Portion of state credit ceiling for certain projects involving qualified nonprofit organizations \nRules similar to the rules of section 42(h)(5) shall apply. (h) Responsibilities of neighborhood homes credit agencies \n(1) In general \nNotwithstanding subsection (g), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of such amount for the previous year to projects with respect to qualified residences in census tracts under subsection (e)(1)(C) or (e)(2), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, and (E) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new or substantially rehabilitated, (IV) the eligible basis of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence or, in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and is owned by the same qualified homeowner during the entirety of such rehabilitation, the cost of the substantial rehabilitation, and (VII) the income of the qualified homeowner (expressed as a percentage of the applicable area median gross income for the location of the qualified residence), and (iii) such other information as the Secretary may require. (2) Qualified allocation plan \nFor purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, (iii) the capability of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Secretary of any such noncompliance of which the agency becomes aware. (i) Possessions treated as States \nFor purposes of this section, the term State includes the District of Columbia and a possession of the United States. (j) Repayment \n(1) In general \n(A) Sold during 5-year period \nIf a qualified residence is sold during the 5-year period beginning on the date of the qualified completion event described in subsection (a) with respect to such qualified residence, the seller shall transfer an amount equal to the repayment amount from the amount realized on such sale to the relevant neighborhood homes credit agency. (B) Use of repayments \nA neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount \nFor purposes of paragraph (1)(A), the repayment amount is an amount equal to 50 percent of the gain from such resale, reduced by 20 percent for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of the sale referred to in such paragraph. (3) Lien for repayment amount \nA neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Denial of deductions if converted to rental housing \nIf, during the 5-year period beginning on the date of the qualified completion event described in subsection (a), an individual who owns a qualified residence fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. (5) Waiver \nThe neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) in the case of a homeowner experiencing a hardship. (k) Report \n(1) In general \nThe Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (h)(1)(E). (2) De-identification \nThe Secretary shall ensure that any information made public pursuant to paragraph (1) excludes any information that would allow for the identification of qualified homeowners. (l) Inflation adjustment \n(1) In general \nIn the case of a calendar year after 2022, the dollar amounts in this section shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding \n(A) Substantial rehabilitation \nIn the case of the dollar amount in subsection (f)(4), any increase under the preceding sentence which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (B) In the case of the dollar amount in subsection (g)(1)(A), any increase under the preceding sentence which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (C) In the case of the dollar amount in subsection (g)(1)(B), any increase under the preceding sentence which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000.", "id": "HEF90448EBBB04F75BEE804B879C3286D", "header": "Neighborhood homes credit" }, { "text": "218. First-time homebuyer refundable credit \n(a) In general \nSection 36 of the Internal Revenue Code of 1986 is amended to read as follows: 36. First-time homebuyer refundable credit \n(a) Allowance of credit \nIn the case of an individual who is a first-time homebuyer of a principal residence in the United States during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 20 percent of the purchase price of the residence. (b) Limitations; special rules based on marital and filing status \n(1) Dollar limitation \nThe credit allowed under subsection (a) shall not exceed $15,000. (2) Limitation based on purchase price \nThe amount allowable as a credit under subsection (a) (determined without regard to this paragraph and paragraph (3), and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (A) the excess (if any) of— (i) the purchase price of the residence, over (ii) an amount equal to 110 percent of the conforming loan limit applicable to the residence, bears to (B) $100,000. For purposes of the preceding sentence, the term conforming loan limit with respect to any residence means the applicable limitation governing the maximum original principal obligation for a mortgage secured by a residence of the same type, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act. (3) Limitation based on modified adjusted gross income \n(A) In general \nThe amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraphs (1) and (2)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (i) the excess (if any) of— (I) the taxpayer's modified adjusted gross income for the preceding taxable year, over (II) the applicable threshold, bears to (ii) $50,000. (B) Modified adjusted gross income \nFor purposes of subparagraph (A), the term modified adjusted gross income with respect to any taxable year means the adjusted gross income of the taxpayer for such taxable year increased by any amount excluded from gross income under section 911, 931, or 933 for such taxable year. (C) Applicable threshold \nFor purposes of subparagraph (A), the applicable threshold is— (i) except as provided in clauses (ii) and (iii), $100,000, (ii) an amount equal to 150 percent of the amount in effect under clause (i), in the case of a head of household (as defined in section 2(b)), and (iii) an amount equal to 200 percent of the amount in effect under clause (i), in the case of a joint return. (4) Additional limitations \nNo credit shall be allowed under subsection (a) with respect to the purchase of any residence for a taxable year— (A) if the taxpayer is a nonresident alien, or (B) if— (i) the taxpayer has not attained age 18 as of the date of such purchase, or (ii) a deduction under section 151 with respect to the taxpayer is allowable to another taxpayer for the taxable year. In the case of a taxpayer who is married, the taxpayer shall be treated as meeting the age requirement of subparagraph (B)(i) if the taxpayer or the taxpayer's spouse meets such age requirement. (5) Multiple purchasers \nIf 2 or more individuals who are not married purchase a principal residence, the amount of the credit under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe by taking into account the requirements of paragraphs (2) and (3), except that the total amount of the credits allowed to all such individuals shall not exceed the limitation under paragraph (1) (as modified by paragraph (7)). (6) Married couples must file joint return \nIf an individual is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the individual and the individual's spouse file a joint return for the taxable year. (7) Adjustment for inflation \nIn the case of any taxable year beginning after December 31, 2022, each of the dollar amounts in paragraphs (1), (2)(A)(ii), and (3)(C)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the next lowest multiple of $50. (c) Definitions \nFor purposes of this section— (1) First-time homebuyer \n(A) In general \nThe term first-time homebuyer means any individual who acquires a principal residence located in the United States by purchase if such individual (and, if married, such individual's spouse)— (i) has not claimed any credit or deduction under this title for any previous taxable year with respect to the purchase or ownership of any residence or residential real estate (including for any expenditures relating to the placing in service of any property on, in connection with, or for use in such a residence or real estate), and (ii) attests under penalty of perjury that— (I) the individual (and, if married, the individual's spouse) has not owned a principal residence at any time prior to the purchase of the principal residence to which this section applies, and (II) the principal residence to which this section applies was not acquired from a person related to such individual or spouse. (B) Waiver in case of certain changes in status \nThe Secretary may, in such manner as the Secretary may prescribe, waive the requirements of subparagraph (A) for a taxable year in the case of an individual who is not eligible to file a joint return for the taxable year, and who was married at the time the individual or the individual's former spouse purchased a previous residence. (2) Principal residence \nThe term principal residence has the same meaning as when used in section 121. (3) Purchase \n(A) In general \nThe term purchase means any acquisition, but only if— (i) the property is not acquired from a person related to the person acquiring such property (or, if either such person is married, such individual's spouse), and (ii) the basis of the property in the hands of the person acquiring such property is not determined— (I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or (II) under section 1014(a). (B) Construction \nA residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. (4) Purchase price \nThe term purchase price means the adjusted basis (without regard to any reduction under section 1016(a)(38)) of the principal residence on the date such residence is purchased. (5) Related persons \nA person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying subsections (b) and (c) of section 267 for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, lineal descendants, and spouse's ancestors and lineal descendants). (6) Marital status \nAn individual's marital status shall be determined in accordance with section 7703. (d) Denial and recapture rules in case of disposal of residence within 6 taxable years \n(1) Denial of credit in case of disposal within taxable year \nNo credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. (2) Phased-out recapture \n(A) In general \nExcept as provided in subparagraph (D), if the taxpayer disposes of the residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) during the 5-taxable-year period beginning with the taxable year immediately following the credit year, the tax imposed by this chapter for the taxable year in which such disposal (or cessation) occurs shall be increased by an amount equal to the recapture percentage of the amount of the credit so allowed. (B) Credit year \nFor purposes of subparagraph (A), the term credit year means the taxable year in which the credit under subsection (a) was allowed. (C) Recapture percentage \nFor purposes of subparagraph (A), the recapture percentage with respect to any disposal or cessation described in such subparagraph shall be determined in accordance with the following table: If the disposal or The recapture cessation occurs in: percentage is: The 1st taxable year beginning after the credit year 100 percent The 2nd taxable year beginning after the credit year 80 percent The 3rd taxable year beginning after the credit year 60 percent The 4th taxable year beginning after the credit year 40 percent The 5th taxable year beginning after the credit year 20 percent. (D) Exceptions \nThis paragraph shall not apply in the case of a disposal or cessation described in subparagraph (A) which occurs after or incident to any of the following: (i) Death of the taxpayer or the taxpayer's spouse. (ii) Divorce of the taxpayer. (iii) Involuntary conversion of the residence (within the meaning of section 121(d)(5)(A)). (iv) Relocation of duty station or qualified official extended duty (as defined in section 121(d)(9)(C)) of the taxpayer or the taxpayer's spouse who is a member of the uniformed services (as defined in section 121(d)(9)(C)(ii)), a member of the Foreign Service of the United States (as defined in section 121(d)(9)(C)(iii)), or an employee of the intelligence community (as defined in section 121(d)(9)(C)(iv)). (v) Change of employment of the taxpayer or the taxpayer's spouse which meets the conditions of section 217(c). (vi) Loss of employment, health conditions, or such other unforeseen circumstances as may be specified by the Secretary. (e) Adjustment to basis \nFor purposes of this subtitle, if a credit is allowed under this section with respect to any property, the taxpayer's basis in such property shall be reduced by the amount of the credit so allowed. (f) Reporting \n(1) In general \nA credit shall be allowed under this section only if the following are included on the return of tax: (A) The individual's (and, if married, the individual's spouse's) social security number issued by the Social Security Administration. (B) The street address (not including a post office box) of the principal residence purchased. (C) The purchase price of the principal residence. (D) The date of purchase of the principal residence. (E) The closing disclosure relating to the purchase (in the case of a purchase financed by a mortgage). (2) Reporting of real estate transactions \nIf the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply.. (b) Conforming amendment relating to basis adjustment \nSubsection (a) of section 1016 of the Internal Revenue Code of 1986, as amended by section 216, is further amended— (1) by redesignating paragraphs (38) and (39) as paragraphs (39) and (40), respectively; and (2) by inserting after paragraph (37) the following new paragraph: (38) to the extent provided in section 36(e).. (c) Conforming amendment \nSection 26(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (W) and by redesignating subparagraphs (X) and (Y) as subparagraphs (W) and (X), respectively. (d) Clerical amendment \nThe item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: Sec. 36. First-time homebuyer refundable credit.. (e) Authority To treat claim of credit as error, etc \nSubparagraph (N) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (N) in the case of a return claiming the credit under section 36— (i) the omission of a social security number required under section 36(f)(1)(A), (ii) the inclusion of a social security number so required if— (I) the claim of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such social security number, or (II) except as provided in section 36(c)(1)(B), such social security number has been included (other than as a dependent for purposes of section 151) on a return for any previous taxable year claiming any credit or deduction described in section 36(c)(1)(A)(i), (iii) the omission of any other required information or documentation described in section 36(f)(1), including the inclusion of a post office box instead of a street address for the purchased residence, (iv) the inclusion of any information or documentation described in clause (iii) if such information or documentation does not support a valid claim for the credit, or (v) a claim of such credit for a taxable year with respect to the purchase of a residence made after the last day of such taxable year,. (f) IRS recordkeeping \nNotwithstanding the limitations on assessment and collection under section 6501 of the Internal Revenue Code of 1986, the Commissioner of Internal Revenue shall maintain records of returns and return information (as defined in section 6103(b)(2) of such Code) of any taxpayer claiming the credit under section 36 of such Code (as amended by this section) for the taxable year in which such credit is claimed and succeeding taxable years in the individual master files of the Internal Revenue Service.", "id": "id867E7A9CD99E45FD970B39618509C20A", "header": "First-time homebuyer refundable credit" }, { "text": "36. First-time homebuyer refundable credit \n(a) Allowance of credit \nIn the case of an individual who is a first-time homebuyer of a principal residence in the United States during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 20 percent of the purchase price of the residence. (b) Limitations; special rules based on marital and filing status \n(1) Dollar limitation \nThe credit allowed under subsection (a) shall not exceed $15,000. (2) Limitation based on purchase price \nThe amount allowable as a credit under subsection (a) (determined without regard to this paragraph and paragraph (3), and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (A) the excess (if any) of— (i) the purchase price of the residence, over (ii) an amount equal to 110 percent of the conforming loan limit applicable to the residence, bears to (B) $100,000. For purposes of the preceding sentence, the term conforming loan limit with respect to any residence means the applicable limitation governing the maximum original principal obligation for a mortgage secured by a residence of the same type, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act. (3) Limitation based on modified adjusted gross income \n(A) In general \nThe amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraphs (1) and (2)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (i) the excess (if any) of— (I) the taxpayer's modified adjusted gross income for the preceding taxable year, over (II) the applicable threshold, bears to (ii) $50,000. (B) Modified adjusted gross income \nFor purposes of subparagraph (A), the term modified adjusted gross income with respect to any taxable year means the adjusted gross income of the taxpayer for such taxable year increased by any amount excluded from gross income under section 911, 931, or 933 for such taxable year. (C) Applicable threshold \nFor purposes of subparagraph (A), the applicable threshold is— (i) except as provided in clauses (ii) and (iii), $100,000, (ii) an amount equal to 150 percent of the amount in effect under clause (i), in the case of a head of household (as defined in section 2(b)), and (iii) an amount equal to 200 percent of the amount in effect under clause (i), in the case of a joint return. (4) Additional limitations \nNo credit shall be allowed under subsection (a) with respect to the purchase of any residence for a taxable year— (A) if the taxpayer is a nonresident alien, or (B) if— (i) the taxpayer has not attained age 18 as of the date of such purchase, or (ii) a deduction under section 151 with respect to the taxpayer is allowable to another taxpayer for the taxable year. In the case of a taxpayer who is married, the taxpayer shall be treated as meeting the age requirement of subparagraph (B)(i) if the taxpayer or the taxpayer's spouse meets such age requirement. (5) Multiple purchasers \nIf 2 or more individuals who are not married purchase a principal residence, the amount of the credit under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe by taking into account the requirements of paragraphs (2) and (3), except that the total amount of the credits allowed to all such individuals shall not exceed the limitation under paragraph (1) (as modified by paragraph (7)). (6) Married couples must file joint return \nIf an individual is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the individual and the individual's spouse file a joint return for the taxable year. (7) Adjustment for inflation \nIn the case of any taxable year beginning after December 31, 2022, each of the dollar amounts in paragraphs (1), (2)(A)(ii), and (3)(C)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the next lowest multiple of $50. (c) Definitions \nFor purposes of this section— (1) First-time homebuyer \n(A) In general \nThe term first-time homebuyer means any individual who acquires a principal residence located in the United States by purchase if such individual (and, if married, such individual's spouse)— (i) has not claimed any credit or deduction under this title for any previous taxable year with respect to the purchase or ownership of any residence or residential real estate (including for any expenditures relating to the placing in service of any property on, in connection with, or for use in such a residence or real estate), and (ii) attests under penalty of perjury that— (I) the individual (and, if married, the individual's spouse) has not owned a principal residence at any time prior to the purchase of the principal residence to which this section applies, and (II) the principal residence to which this section applies was not acquired from a person related to such individual or spouse. (B) Waiver in case of certain changes in status \nThe Secretary may, in such manner as the Secretary may prescribe, waive the requirements of subparagraph (A) for a taxable year in the case of an individual who is not eligible to file a joint return for the taxable year, and who was married at the time the individual or the individual's former spouse purchased a previous residence. (2) Principal residence \nThe term principal residence has the same meaning as when used in section 121. (3) Purchase \n(A) In general \nThe term purchase means any acquisition, but only if— (i) the property is not acquired from a person related to the person acquiring such property (or, if either such person is married, such individual's spouse), and (ii) the basis of the property in the hands of the person acquiring such property is not determined— (I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or (II) under section 1014(a). (B) Construction \nA residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. (4) Purchase price \nThe term purchase price means the adjusted basis (without regard to any reduction under section 1016(a)(38)) of the principal residence on the date such residence is purchased. (5) Related persons \nA person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying subsections (b) and (c) of section 267 for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, lineal descendants, and spouse's ancestors and lineal descendants). (6) Marital status \nAn individual's marital status shall be determined in accordance with section 7703. (d) Denial and recapture rules in case of disposal of residence within 6 taxable years \n(1) Denial of credit in case of disposal within taxable year \nNo credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. (2) Phased-out recapture \n(A) In general \nExcept as provided in subparagraph (D), if the taxpayer disposes of the residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) during the 5-taxable-year period beginning with the taxable year immediately following the credit year, the tax imposed by this chapter for the taxable year in which such disposal (or cessation) occurs shall be increased by an amount equal to the recapture percentage of the amount of the credit so allowed. (B) Credit year \nFor purposes of subparagraph (A), the term credit year means the taxable year in which the credit under subsection (a) was allowed. (C) Recapture percentage \nFor purposes of subparagraph (A), the recapture percentage with respect to any disposal or cessation described in such subparagraph shall be determined in accordance with the following table: If the disposal or The recapture cessation occurs in: percentage is: The 1st taxable year beginning after the credit year 100 percent The 2nd taxable year beginning after the credit year 80 percent The 3rd taxable year beginning after the credit year 60 percent The 4th taxable year beginning after the credit year 40 percent The 5th taxable year beginning after the credit year 20 percent. (D) Exceptions \nThis paragraph shall not apply in the case of a disposal or cessation described in subparagraph (A) which occurs after or incident to any of the following: (i) Death of the taxpayer or the taxpayer's spouse. (ii) Divorce of the taxpayer. (iii) Involuntary conversion of the residence (within the meaning of section 121(d)(5)(A)). (iv) Relocation of duty station or qualified official extended duty (as defined in section 121(d)(9)(C)) of the taxpayer or the taxpayer's spouse who is a member of the uniformed services (as defined in section 121(d)(9)(C)(ii)), a member of the Foreign Service of the United States (as defined in section 121(d)(9)(C)(iii)), or an employee of the intelligence community (as defined in section 121(d)(9)(C)(iv)). (v) Change of employment of the taxpayer or the taxpayer's spouse which meets the conditions of section 217(c). (vi) Loss of employment, health conditions, or such other unforeseen circumstances as may be specified by the Secretary. (e) Adjustment to basis \nFor purposes of this subtitle, if a credit is allowed under this section with respect to any property, the taxpayer's basis in such property shall be reduced by the amount of the credit so allowed. (f) Reporting \n(1) In general \nA credit shall be allowed under this section only if the following are included on the return of tax: (A) The individual's (and, if married, the individual's spouse's) social security number issued by the Social Security Administration. (B) The street address (not including a post office box) of the principal residence purchased. (C) The purchase price of the principal residence. (D) The date of purchase of the principal residence. (E) The closing disclosure relating to the purchase (in the case of a purchase financed by a mortgage). (2) Reporting of real estate transactions \nIf the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply.", "id": "idEC4FC84ABB254672B8DBD384F33D48D6", "header": "First-time homebuyer refundable credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the U.S. Air Travel Public Safety Act.", "id": "S1", "header": "Short title" }, { "text": "2. Domestic air transportation within the United States \n(a) Travel requirement \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the Federal Aviation Administration, shall develop national vaccination verification standards and procedures in accordance with this section. Such standards and procedures shall require that all covered air carriers require that, before any passenger may board an aircraft for a covered flight, such passenger shall— (1) provide the covered air carrier with documentation demonstrating that the passenger is fully vaccinated (as defined by the Secretary or any successor guidance) against the COVID–19 (SARS–CoV–2) novel coronavirus; or (2) attest under penalty of perjury that the passenger has adhered to the international travel recommendations and requirements for individuals who are not fully vaccinated (issued by the Centers for Disease Control and Prevention) prior to boarding, including requirements to provide proof of a negative pre-departure qualifying test result for SARS–CoV–2 or, alternatively, written or electronic documentation of recovery from COVID–19 after previous SARS–CoV–2 infection, in accordance with the Centers for Disease Control and Prevention’s testing requirements and applicable guidance. (b) Regulations \n(1) In general \nThe Secretary shall promulgate interim final rules to ensure that the standards and procedures developed under subsection (a) are applied to covered air carriers beginning on the date that is not later than 30 days after the date of enactment of this Act. (2) Exception \nThe interim final rules promulgated under paragraph (1) shall include a list of those categories of individuals and organizations that are exempt from the standards and procedures developed under this section. Such list shall be developed by the Secretary in accordance with the Centers for Disease Control and Prevention’s applicable guidance. (c) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Aircraft \nThe term aircraft has the meaning given that term in section 40102 of title 49, United States Code. (3) Airport \nThe term airport has the meaning given that term in section 40102 of title 49, United States Code. (4) Attest; attestation \nThe terms attest and attestation with respect to a passenger mean the passenger having completed the attestation described in this section. Such attestation may be completed in written or electronic form. The attestation is a statement, writing, entry, or other representation under section 1001 of title 18, United States Code. (5) Covered air carrier \nThe term covered air carrier means— (A) any air carrier engaged in passenger-carrying operations; or (B) any foreign air carrier authorized to engage in passenger-carrying operations. (6) Covered flight \nThe term covered flight means a flight of a covered carrier that is scheduled to depart from, and arrive at, an airport located in the United States. (7) Documentation of recovery \nThe term documentation of recovery with respect to a passenger means a confirmation that— (A) the passenger has presented documentation of a positive test result and a signed letter on official letterhead that contains the name, address, and phone number of a licensed health care provider or public health official stating that the passenger has been cleared for travel; (B) the positive test result occurred within the last three months (90 days) preceding the passenger’s flight in the United States, or at such other intervals as specified in guidance issued by the Secretary; (C) the personal identifiers (including the name and date of birth) on the positive test result and signed letter match the personal identifiers on the passenger’s passport or other travel documents; (D) the test performed was a viral test; and (E) the test result states POSITIVE , SARS–CoV–2 RNA DETECTED , SARS–CoV–2 ANTIGEN DETECTED , or COVID–19 DETECTED. A test marked invalid is not acceptable. (8) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (9) Qualifying test result \nThe term qualifying test result with respect to a passenger means confirmation that— (A) the personal identifiers (including the name and date of birth) on the negative Qualifying Test result match the personal identifiers on the passenger’s passport or other travel documents; (B) the specimen was collected within the 3 days (or a lesser number of days if determined appropriate by the Secretary) preceding the flight’s departure; (C) the test performed was a viral test; and (D) the test result states NEGATIVE , SARS–CoV–2 RNA NOT DETECTED , SARS–CoV–2 ANTIGEN NOT DETECTED , or COVID–19 NOT DETECTED. A test marked invalid is not acceptable. (10) United States \nThe term United States has the meaning given that term in section 40102 of title 49, United States Code.", "id": "ided07c20a84fe45b8becb0c804b67e298", "header": "Domestic air transportation within the United States" }, { "text": "3. Recommendations for COVID–19 vaccine use \nNot later than 30 days after the date of enactment of this Act, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention shall review data on the transmission of COVID–19 in health care settings and among health care personnel in other settings, and develop and make recommendations for COVID–19 vaccine use on the basis of transmission in health care settings and among health care personnel in other settings.", "id": "idD9448891462C4B47B9F4D27FE3C078DF", "header": "Recommendations for COVID–19 vaccine use" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Innovation and Jobs Act.", "id": "S1", "header": "Short title" }, { "text": "2. Restoring immediate expensing for research and development investments \n(a) In general \nSection 174 of the Internal Revenue Code of 1986 is amended to read as follows: 174. Research and experimental expenditures \n(a) Treatment as Expenses \n(1) In general \nA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted \n(A) Without consent \nA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent \nA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope \nThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. (b) Amortization of Certain Research and Experimental Expenditures \n(1) In general \nAt the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be\t\t\t allowed as a deduction ratably over such period of not less than 60 months\t\t\t as may be selected by the taxpayer (beginning with the month in which the\t\t\t taxpayer first realizes benefits from such expenditures). Such deferred\t\t\t expenses are expenditures properly chargeable to capital account for\t\t\t purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election \nThe election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. (c) Land and Other Property \nThis section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. (d) Exploration Expenditures \nThis section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). (e) Only Reasonable Research Expenditures Eligible \nThis section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. (f) Cross References \n(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e).. (b) Clerical Amendment \nThe table of sections for part VI of subchapter B of chapter 1 is amended by striking the item relating to section 174 and inserting the following new item: Sec. 174. Research and experimental expenditures. (c) Conforming Amendments \n(1) Section 41(d)(1)(A) is amended by striking specified research or experimental expenditures under section 174 and inserting expenses under section 174. (2) Section 280C(c) is amended to read as follows: (c) Credit for Increasing Research Activities \n(1) In general \nNo deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a). (2) Similar rule where taxpayer capitalizes rather than deducts expenses \nIf— (A) the amount of the credit determined for the taxable year under section 41(a)(1), exceeds (B) the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (3) Election of reduced credit \n(A) In general \nIn the case of any taxable year for which an election is made under this paragraph— (i) paragraphs (1) and (2) shall not apply, and (ii) the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit \nThe amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit determined under section 41(a) without regard to this paragraph, over (ii) the product of— (I) the amount described in clause (i), and (II) the rate of tax under section 11(b). (C) Election \nAn election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable. (4) Controlled groups \nParagraph (3) of subsection (b) shall apply for purposes of this subsection.. (d) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2021.", "id": "id58F2135C2381455CB5C194F8307A4F6B", "header": "Restoring immediate expensing for research and development investments" }, { "text": "174. Research and experimental expenditures \n(a) Treatment as Expenses \n(1) In general \nA taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted \n(A) Without consent \nA taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent \nA taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope \nThe method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. (b) Amortization of Certain Research and Experimental Expenditures \n(1) In general \nAt the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be\t\t\t allowed as a deduction ratably over such period of not less than 60 months\t\t\t as may be selected by the taxpayer (beginning with the month in which the\t\t\t taxpayer first realizes benefits from such expenditures). Such deferred\t\t\t expenses are expenditures properly chargeable to capital account for\t\t\t purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election \nThe election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. (c) Land and Other Property \nThis section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. (d) Exploration Expenditures \nThis section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). (e) Only Reasonable Research Expenditures Eligible \nThis section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. (f) Cross References \n(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e).", "id": "H37C63FF14C8346ACAD7F25566B61BC4A", "header": "Research and experimental expenditures" }, { "text": "3. Expanding refundable research credit for new and small businesses \n(a) Increasing cap on refundable credit \n(1) In general \nClause (i) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking $250,000 and inserting the applicable amount. (2) Applicable amount \nSection 41(h)(4)(B) of such Code is amended by adding at the end the following new clause: (iii) Applicable amount \nFor purposes of clause (i), the applicable amount is— (I) in the case of any taxable year beginning after December 31, 2021, and before January 1, 2023, $500,000, (II) in the case of any taxable year beginning after December 31, 2022, and before January 1, 2024, $525,000, (III) in the case of any taxable year beginning after December 31, 2023, and before January 1, 2025, $550,000, (IV) in the case of any taxable year beginning after December 31, 2024, and before January 1, 2026, $575,000, (V) in the case of any taxable year beginning after December 31, 2025, and before January 1, 2027, $600,000, (VI) in the case of any taxable year beginning after December 31, 2026, and before January 1, 2028, $625,000, (VII) in the case of any taxable year beginning after December 31, 2027, and before January 1, 2029, $650,000, (VIII) in the case of any taxable year beginning after December 31, 2028, and before January 1, 2030, $675,000, (IX) in the case of any taxable year beginning after December 31, 2029, and before January 1, 2031, $700,000, (X) in the case of any taxable year beginning after December 31, 2030, and before January 1, 2032, $725,000, and (XI) in the case of any taxable year beginning after December 31, 2031, $750,000.. (3) Conforming amendment \nClause (ii) of section 41(h)(5)(B) of such Code is amended by striking the $250,000 amount and inserting the applicable amount. (b) Extension of eligibility and applicability of election \n(1) Startup date \nSubclause (II) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 5-taxable-year period and inserting 8-taxable-year period. (2) Extension of limitation on election \nClause (ii) of section 41(h)(4)(B) of such Code is amended by striking 5 or more and inserting 8 or more. (c) Gross receipts test \nClause (i) of section 41(h)(3)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000,000 in subclause (I) and inserting $15,000,000 , and (2) by striking gross receipts in subclause (II) and inserting gross receipts in excess of $25,000. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2021.", "id": "idA0ABD7F4CAC741A6A593591AEF61A5FB", "header": "Expanding refundable research credit for new and small businesses" }, { "text": "4. Increasing access to the research credit for startups \n(a) In general \nParagraph (4) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Special rules for qualified small businesses \nIn the case of a qualified small business (as defined in subsection (h)(3))— (i) subparagraph (A) shall be applied by substituting 20 percent for 14 percent , and (ii) if subparagraph (B) applies to such taxpayer, at the election of the taxpayer— (I) subparagraph (B)(ii) shall be applied by substituting 10 percent for 6 percent , or (II) in lieu of applying subparagraph (B), the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3-year period described in such subparagraph in which there were no qualified research expenses.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "id5DF7A9744D60469FAA2900ACD5D2FDB5", "header": "Increasing access to the research credit for startups" } ]