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S.3374

Crime and Law Enforcement

COPS Reauthorization Act of 2021 This bill reauthorizes through FY2027 the Community Oriented Policing Services grant program.

To reauthorize the COPS ON THE BEAT grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Reauthorization Act of 2021''. SEC. 2. REAUTHORIZATION OF COPS ON THE BEAT GRANT PROGRAM. Section 1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ``$1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``$651,000,000 for each of fiscal years 2022 through 2027''. <all>

COPS Reauthorization Act of 2021

A bill to reauthorize the COPS ON THE BEAT grant program.

COPS Reauthorization Act of 2021

Sen. Klobuchar, Amy

D

MN

H.R.3994

Armed Forces and National Security

Addressing Care Timelines for Veterans Act or the ACT for Veterans Act This bill modifies the Veterans Community Care Program to extend the authorization period for emergency treatment in non-Department of Veterans Affairs (VA) medical facilities. Specifically, the bill requires the VA to deem as authorized emergency care or services provided by a non-VA health care provider to a covered veteran if such veteran applies for authorization within 96 hours (currently 72 hours under VA regulations) of admission for care. Covered veterans are those who are enrolled in the VA health care system or those who are not enrolled but are eligible for care due to a service-connected disability.

To amend title 38, United States Code, to extend the authorization period for emergency treatment in non-Department of Veterans Affairs medical facilities under the Veterans Community Care Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Addressing Care Timelines for Veterans Act'' or the ``ACT for Veterans Act''. SEC. 2. AUTHORIZATION PERIOD FOR EMERGENCY TREATMENT IN NON-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) Authorization Period.--Section 1703(a)(3) of title 38, United States Code, is amended-- (1) by striking ``A covered veteran'' and inserting ``(A) Except as provided by subparagraph (B), a covered veteran''; and (2) by adding at the end the following new subparagraph: ``(B) In the case of an emergency which existed at the time of admission of a covered veteran to a health care provider, the Secretary shall deem the care or services received by the veteran during such admission to be authorized under subparagraph (A) if the covered veteran (or an individual acting on behalf of the covered veteran) makes an application for such authorization during the period following such admission that the Secretary determines appropriate for purposes of this paragraph, except such period may not be less than 96 hours.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date specified in section 101(b) of the Caring for Our Veterans Act of 2018 (38 U.S.C. 1703 note; Public Law 115-182; 132 Stat. 1403). <all>

ACT for Veterans Act

To amend title 38, United States Code, to extend the authorization period for emergency treatment in non-Department of Veterans Affairs medical facilities under the Veterans Community Care Program.

ACT for Veterans Act Addressing Care Timelines for Veterans Act

Rep. Gibbs, Bob

R

OH

H.R.9492

International Affairs

International Megan's Law Improvement Act of 2022 This bill adds a requirement for the Department of State to place a unique identifier in passports issued to sex offenders who must re-register under the sex offender registration program of any jurisdiction upon return to the United States.

To amend Public Law 110-457 to modify the provision relating to unique passport identifiers for covered sex offenders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``International Megan's Law Improvement Act of 2022''. SEC. 2. MODIFICATION OF PROVISION RELATING TO UNIQUE PASSPORT IDENTIFIERS FOR COVERED SEX OFFENDERS. Section 240(c)(1)(B) of Public Law 110-457 (22 U.S.C. 212b(c)(1)(B)) is amended by adding at the end before the semicolon the following: ``or has an existing requirement prior to relocating to another country of residence that would require re-registration under the sex offender registration program of any jurisdiction upon return to that jurisdiction''. <all>

International Megan’s Law Improvement Act of 2022

To amend Public Law 110-457 to modify the provision relating to unique passport identifiers for covered sex offenders.

International Megan’s Law Improvement Act of 2022

Rep. Higgins, Clay

R

LA

H.R.5275

International Affairs

Accountability in Assignment Restrictions Act This bill sets out a process through which Department of State employees may appeal assignment restrictions. These are restrictions on an employee's security clearance that preclude the employee from serving in certain diplomatic posts or working on certain issues in the United States to (1) prevent potential targeting and harassment by foreign intelligence services, and (2) lessen foreign influence or foreign preference security concerns. Specifically, the bill establishes the Assignment Restriction Appeals Panel to hear assignment restriction appeals from Foreign Service and civil service employees. Additionally, the State Department must annually report to Congress on its use of assignment restrictions, including the rationale for the restrictions, data about employees subject to restrictions in the previous year, and information about the appeals process.

To establish an independent appeals process relating to assignment restrictions at the Department of State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Assignment Restrictions Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Foreign Service Act of 1980 prohibits the Department of State from discrimination on the basis of race, color, religion, sex, national origin, age, handicapping condition, marital status, geographic or educational affiliation within the United States, or political affiliation in all personnel actions, including assignments. (2) According to a Government Accountability Office report published in 2020, the Senior Foreign Service was 69 percent male and 90 percent White. Meanwhile numerous testimonials have documented the barriers to advancement faced by non-White Foreign Service officers (FSOs). (3) On April 12, 2021, Secretary Blinken appointed a new Chief Diversity and Inclusion Officer, former Ambassador Gina Abercrombie-Winstanley, reflecting his stated commitment to increasing diversity and inclusion at the Department. (4) According to the Department of State, there are approximately 1800 employees currently subject to a practice called assignment restrictions, whereby they are precluded from working in or on a particular country. The top four countries to which the restrictions apply are China (196), Russia (184), Taiwan (84), and Israel (70). (5) Department of State employees have repeatedly raised concerns with Congress and the Department that the practice of assignment restrictions lacks transparency and accountability, and it may disproportionately and unfairly affect Asian- American employees. (6) The Department of State lacks an independent appeals process for assignment restrictions, preventing affected employees from having their case reviewed by individuals who were not involved with the initial decision. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the foreign policy interest of the United States to maintain a diplomatic corps that reflects the diversity of the country and fully utilizes the cultural and linguistic skills that stem from this diversity; (2) the practice of assignment restrictions risks undermining the Department of State's stated goals of promoting diversity and inclusion in its workforce, while potentially restricting those individuals whose cultural and linguistic skills can most benefit the work of United States diplomacy and counterintelligence; (3) the practice of assignment restrictions limits the opportunities for promotion and career advancement of talented Department of State employees who possess valuable linguistic skills and country-specific knowledge; (4) the establishment of an independent appeals process for assignment restrictions, whereby the panel is not made up by a majority of individuals from the same bureau that made the initial determination, would help ensure fairness and transparency while promoting the goals of inclusion and diversity within the Department; and (5) tracking and reporting data on assignment restrictions, including the race, ethnicity, and national origin of those impacted individuals, will help ensure that assignment restrictions are not disproportionately targeting a particular group or minority at the Department. SEC. 4. ESTABLISHMENT OF AN INDEPENDENT APPEALS PROCESS. The Secretary of State shall amend all relevant provisions of the Foreign Service Manual, and any associated or related policies of the Department of State, to reflect the following policies with respect to Foreign Service and civil service employees of the Department: (1) Any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. (2) Any such appeal shall be resolved not later than 60 days after such appeal is filed. (3) The Bureau of Diplomatic Security shall transmit to the Assignment Restriction Appeals Panel all case files, without redaction, relating to an employee subject to an assignment restriction or preclusion. (4) The Assignment Restriction Appeals Panel shall be comprised of the following officials of the Department: (A) The Under Secretary for Management. (B) The Principal Deputy Assistant Secretary for the Bureau of Global Talent Management. (C) The Chief Diversity and Inclusion Officer. (D) An Assistant Secretary or Deputy, or equivalent, from a third bureau designated by the Under Secretary for Management. (E) A representative from the geographic bureau to which the restriction applies. (F) A representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors. (5) All members of the Assignment Restriction Appeals Panel shall possess appropriate security clearances. (6) If any member of the Assignment Restriction Appeals Panel is unable to serve, the Secretary, Deputy Secretary, or the Under Secretary for Management may designate an alternate. The most senior member of such a Panel shall serve as chair of the Panel. SEC. 5. ANNUAL REPORT. Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: (1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared American Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. (2) The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by: (A) Identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status. (B) The ethnicity, national origin, and race of the precluded employee. (C) Gender. (D) Identification of the country of restriction. (3) A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted. (4) The number of restrictions that were appealed and the success rate of such appeals. (5) The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. (6) Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results. <all>

Accountability in Assignment Restrictions Act

To establish an independent appeals process relating to assignment restrictions at the Department of State, and for other purposes.

Accountability in Assignment Restrictions Act

Rep. Lieu, Ted

D

CA

S.4403

Education

USA Civics Act of 2022 This bill reauthorizes through FY2027 and revises the American History for Freedom grant program. The bill renames the program as the American Civics and History Education Program. The bill authorizes the Department of Education to award grants to institutions of higher education (IHEs) at least once every three years to establish or strengthen academic programs to promote American political thought and history and the history, achievements, and impact of American representative democracy and constitutional democracies globally. Currently, these grants are awarded to IHEs for three years and are focused on traditional American history and the history and achievements of Western civilization. IHEs may use grants to support additional activities, such as collaborating with federal or state humanities programs and using open educational resources.

To amend the Higher Education Act of 1965 to provide for a civics and history education program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``USA Civics Act of 2022''. SEC. 2. USA CIVICS ACT. Section 805 of the Higher Education Act of 1965 (20 U.S.C. 1161e) is amended-- (1) in the section heading, by striking ``history for freedom'' and inserting ``civics and history education program''; (2) in subsection (a)-- (A) by striking ``subsection (f)'' and inserting ``subsection (g)''; (B) by striking ``the Secretary is authorized to award three-year grants, on a competitive basis,'' and inserting ``the Secretary is authorized to award grants, at the Secretary's discretion but not less frequently than once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; and (D) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally.''; (3) in subsection (b)-- (A) in paragraph (1), by striking ``as defined in section 101.'' and inserting ``, or a partnership that includes an institution of higher education and one or more nonprofit organizations, whose missions and demonstrated expertise are consistent with the purpose of this section.''; (B) in paragraph (2), by striking ``that emerged'' and all that follows through the period at the end and inserting ``founded on the principles of representative democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry.''; and (C) by striking paragraph (3) and inserting the following: ``(3) American political thought and history.--The term `American political thought and history' means-- ``(A) the significant constitutional, political, intellectual, economic, social, and foreign policy trends and issues that have shaped the course of American history; and ``(B) the key episodes, turning points, texts, and figures involved in the constitutional, political, intellectual, diplomatic, social, and economic history of the United States.''; (4) in subsection (c)(2)-- (A) in subparagraph (A), by striking ``traditional'' and all that follows through the semicolon and inserting ``American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in subparagraph (B), by inserting ``, which may include the creation or use of open educational resources'' after ``subsection (e)(1)(B)''; (5) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) increase access to quality programming that expands knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally;''; and (B) in paragraph (2), by striking ``traditional American history, free institutions, or Western civilization'' and inserting ``American political thought and history, free institutions, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life.''; (6) by striking subsection (e) and inserting the following: ``(e) Use of Funds.-- ``(1) Required use of funds.--Funds provided under this section shall be used-- ``(A) for collaboration with local educational agencies for the purpose of providing elementary school and secondary school teachers an opportunity to enhance their knowledge of American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally; and ``(B) to carry out one or more of the following: ``(i) Establishing or strengthening academic programs or centers focused on American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally, which may include-- ``(I) design and implementation of programs of study, courses, lecture series, seminars, and symposia; ``(II) development, publication, and dissemination of instructional materials; ``(III) research; ``(IV) support for faculty teaching in undergraduate and, if applicable, graduate programs; or ``(V) support for graduate and postgraduate fellowships, if applicable. ``(ii) For teacher preparation initiatives that stress content mastery regarding American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally. ``(iii) To conduct outreach activities to ensure that information about the activities funded under this section is widely disseminated-- ``(I) to undergraduate students (including students enrolled in teacher education programs, if applicable); ``(II) to graduate students (including students enrolled in teacher education programs, if applicable); ``(III) to faculty; ``(IV) to local educational agencies; and ``(V) within the local community. ``(2) Allowable uses of funds.--Funds provided under this section may be used to support-- ``(A) collaboration with entities such as-- ``(i) nonprofit organizations whose missions and demonstrated expertise are consistent with the purpose of this section, for assistance in carrying out activities described under subsection (a); and ``(ii) Federal or State humanities programs, which may include those funded by the National Endowment for the Humanities; and ``(B) the creation and use of open educational resources on American political thought and history, free institutions, or the impact of American representative democracy and constitutional democracies globally.''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2022''; and (9) by inserting after subsection (e) the following: ``(f) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to prescribe an American political thought and history curriculum.''. <all>

USA Civics Act of 2022

A bill to amend the Higher Education Act of 1965 to provide for a civics and history education program.

USA Civics Act of 2022

Sen. Cornyn, John

R

TX

H.R.96

Public Lands and Natural Resources

COVID-19 National Memorial Act This bill provides for the establishment of a memorial at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped the nation to recover from the COVID-19 pandemic. The bill also establishes the COVID-19 National Memorial Commission to (1) submit to the Department of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise Interior on the boundaries of the memorial site; (3) advise Interior in the development of a management plan for the memorial site; and (4) provide significant opportunities for public participation in the planning and design of the memorial.

To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 National Memorial Act''. SEC. 2. MEMORIAL. There is established a memorial located at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped. SEC. 3. ADVISORY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``COVID-19 National Memorial Commission'' (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 15 members, including the Director of the National Park Service, or the Director's designee, and 14 members appointed by the Secretary. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. (d) Chair.--The members of the Commission shall select the Chair of the Commission. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties.--The duties of the Commission shall be to-- (1) not later than 3 years after the date of the enactment of this Act, submit to the Secretary and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise the Secretary on the boundaries of the memorial site; (3) advise the Secretary in the development of a management plan for the memorial site; (4) consult and coordinate closely with the State of New York, New York City, the Bronx Borough, and other interested parties; and (5) provide significant opportunities for public participation in the planning and design of the memorial. (j) Powers.--The Commission may-- (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) subject to approval by the Secretary, solicit and accept donations of funds and gifts, personal property, supplies, or services from individuals, foundations, corporations, and other private or public entities to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service. (k) Termination.--The Commission shall terminate upon dedication of the completed memorial. SEC. 4. DUTIES OF THE SECRETARY. The Secretary is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) provide project management assistance to the Commission for planning, design, and construction activities; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide staff assistance and support to the Commission; (7) participate in the formulation of plans for the design of the memorial, to accept funds raised by the Commission for construction of the memorial, and to construct the memorial; (8) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (9) to administer the memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. <all>

COVID–19 National Memorial Act

To authorize a national memorial to commemorate those whose lives were lost to COVID-19 and those who helped the country to recover, and for other purposes.

COVID–19 National Memorial Act

Rep. Espaillat, Adriano

D

NY

S.81

Health

Public Health Emergency Privacy Act This bill imposes privacy, confidentiality, and security requirements on the use and disclosure of COVID-19 (i.e., coronavirus disease 2019) emergency health data. This is data that is linked to an individual or device, such as test results. The requirements apply to organizations that collect, use, or disclose emergency health data electronically or that manage websites or applications for contact tracing and other COVID-19 response activities. These organizations must provide notice of privacy and other policies. They must also ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. If an organization collects data from at least 100,000 individuals, it must publicly report additional information about how it uses and discloses the data. Furthermore, the bill prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations. It also prohibits government entities and organizations from using this data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data. The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action. It further specifies that certain dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.

To protect the privacy of health information during a national health emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Privacy Act''. SEC. 2. DEFINITIONS. In this Act: (1) Affirmative express consent.--The term ``affirmative express consent'' means an affirmative act by an individual that-- (A) clearly and conspicuously communicates the individual's authorization of an act or practice; (B) is made in the absence of any mechanism in the user interface that has the purpose or substantial effect of obscuring, subverting, or impairing decision making or choice to obtain consent; and (C) cannot be inferred from inaction. (2) Collect.--The term ``collect'', with respect to emergency health data, means obtaining in any manner by a covered organization. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Covered organization.-- (A) In general.--The term ``covered organization'' means any person (including a government entity)-- (i) that collects, uses, or discloses emergency health data electronically or through communication by wire or radio; or (ii) that develops or operates a website, web application, mobile application, mobile operating system feature, or smart device application for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID-19 public health emergency. (B) Exclusions.--The term ``covered organization'' does not include-- (i) a health care provider; (ii) a person engaged in a de minimis collection or processing of emergency health data; (iii) a service provider; (iv) a person acting in their individual or household capacity; or (v) a public health authority. (5) Demographic data.--The term ``demographic data'' means information relating to the actual or perceived race, color, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, Tribal affiliation, disability, domicile, employment status, familial status, immigration status, or veteran status of an individual or group of individuals. (6) Device.--The term ``device'' means any electronic equipment that is primarily designed for or marketed to consumers. (7) Disclosure.--The term ``disclosure'', with respect to emergency health data, means the releasing, transferring, selling, providing access to, licensing, or divulging in any manner by a covered organization to a third party. (8) Emergency health data.--The term ``emergency health data'' means data linked or reasonably linkable to an individual or device, including data inferred or derived about the individual or device from other collected data provided such data is still linked or reasonably linkable to the individual or device, that concerns the public COVID-19 health emergency. Such data includes-- (A) information that reveals the past, present, or future physical or behavioral health or condition of, or provision of healthcare to, an individual, including-- (i) data derived from the testing or examination of a body part or bodily substance, or a request for such testing; (ii) whether or not an individual has contracted or been tested for, or an estimate of the likelihood that a particular individual may contract, such disease or disorder; and (iii) genetic data, biological samples, and biometrics; and (B) other data collected in conjunction with other emergency health data or for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID-19 public health emergency, including-- (i) geolocation data, when such term means data capable of determining the past or present precise physical location of an individual at a specific point in time, taking account of population densities, including cell-site location information, triangulation data derived from nearby wireless or radio frequency networks, and global positioning system data; (ii) proximity data, when such term means information that identifies or estimates the past or present physical proximity of one individual or device to another, including information derived from Bluetooth, audio signatures, nearby wireless networks, and near- field communications; (iii) demographic data; (iv) contact information for identifiable individuals or a history of the individual's contacts over a period of time, such as an address book or call log; and (v) any other data collected from a personal device. (9) Government entity.--The term ``government entity'' includes a Federal agency, a State, a local government, and other organizations, as such terms are defined in section 3371 of title 5, United States Code. (10) Health care provider.--The term ``health care provider'' has the meaning given the term ``eligible health care provider'' in title VIII of division B of the CARES Act (Public Law 116-136). (11) HIPAA regulations.--The term ``HIPAA regulations'' means parts 160 and 164 of title 45, Code of Federal Regulations. (12) Public health authority.--The term ``public health authority'' means an entity that is authorized by law to collect or receive information for the purpose of preventing or controlling disease, injury, or disability including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions, and a person, such as a designated agency or associate, acting under a grant of authority from, or under a contract with, such public entity, including the employees or agents of such entity or its contractors or persons or entities to whom it has granted authority. (13) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the outbreak and public health response pertaining to Coronavirus Disease 2019 (COVID-19), associated with the emergency declared by the Secretary on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), and any renewals thereof and any subsequent declarations by the Secretary related to the coronavirus. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (15) Service provider.-- (A) In general.--The term ``service provider'' means a person that collects, uses, or discloses emergency health data for the sole purpose of, and only to the extent that such entity is, conducting business activities on behalf of, for the benefit of, under instruction of, and under contractual agreement with a covered organization. (B) Limitation of application.--Such person shall only be considered a service provider in the course of activities described in subparagraph (A). (C) Exclusions.--The term ``service provider'' excludes a person that develops or operates a website, web application, mobile application, or smart device application for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID-19 public health emergency. (16) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (17) Third party.-- (A) In general.--The term ``third party'' means, with respect to a covered organization-- (i) another person to whom such covered organization disclosed emergency health data; and (ii) a corporate affiliate or a related party of the covered organization that does not have a direct relationship with an individual with whom the emergency health data is linked or is reasonably linkable. (B) Exclusion.--The term ``third party'' excludes, with respect to a covered organization-- (i) a service provider of such covered organization; or (ii) a public health authority. (18) Use.--The term ``use'', with respect to emergency health data, means the processing, employment, application, utilization, examination, or analysis of such data by a covered organization that maintains such data. SEC. 3. PROTECTING THE PRIVACY AND SECURITY OF EMERGENCY HEALTH DATA. (a) Right to Privacy.--A covered organization that collects emergency health data shall-- (1) only collect, use, or disclose such data that is necessary, proportionate, and limited for a good faith public health purpose, including a service or feature to support such a purpose; (2) take reasonable measures, where possible, to ensure the accuracy of emergency health data and provide an effective mechanism for an individual to correct inaccurate information; (3) adopt reasonable safeguards to prevent unlawful discrimination on the basis of emergency health data; and (4) only disclose such data to a government entity when the disclosure-- (A) is to a public health authority; and (B) is made in solely for good faith public health purposes and in direct response to exigent circumstances. (b) Right to Security.--A covered organization or service provider that collects, uses, or discloses emergency health data shall establish and implement reasonable data security policies, practices, and procedures to protect the security and confidentiality of emergency health data. (c) Prohibited Uses.--A covered organization shall not collect, use, or disclose emergency health data for any purpose not authorized under this section, including-- (1) commercial advertising, recommendation for e-commerce, or the training of machine-learning algorithms related to, or subsequently for use in, commercial advertising and e-commerce; (2) soliciting, offering, selling, leasing, licensing, renting, advertising, marketing, or otherwise commercially contracting for employment, finance, credit, insurance, housing, or education opportunities in a manner that discriminates or otherwise makes opportunities unavailable on the basis of emergency health data; and (3) segregating, discriminating in, or otherwise making unavailable the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation (as such term is defined in section 301 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12181)), except as authorized by a State or Federal Government entity for a public health purpose notwithstanding subsection (g). (d) Consent.-- (1) In general.--It shall be unlawful for a covered organization to collect, use, or disclose emergency health data, unless-- (A) the individual to whom the data pertains has given affirmative express consent to such collection, use, or disclosure; (B) such collection, use, or disclosure is necessary and for the sole purpose of-- (i) protecting against malicious, deceptive, fraudulent, or illegal activity; or (ii) detecting, responding to, or preventing information security incidents or threats; or (C) the covered organization is compelled to do so by a legal obligation. (2) Revocation.-- (A) In general.--A covered organization shall provide an effective mechanism for an individual to revoke consent after it is given. (B) Effect.--After an individual revokes consent, the covered organization shall cease collecting, using, or disclosing the individual's emergency health data as soon as practicable, but in no case later than 15 days after the receipt of the individual's revocation of consent. (C) Destruction.--Not later than 30 days after the receipt of an individual's revocation of consent, a covered organization shall destroy or render not linkable that individuals emergency health data under the same procedures in subsection (f). (e) Notice.--A covered organization that collects, uses, or discloses emergency health data shall provide to an individual a privacy policy that-- (1) is disclosed in a clear and conspicuous manner, in the language in which the individual typically interacts with the covered organization, prior to or at the point of the collection of emergency health data; (2) describes how and for what purposes the covered organization collects, uses, and discloses emergency health data, including the categories of recipients to whom it discloses data and the purpose of disclosure for each category; (3) describes the covered organization's data retention and data security policies and practices for emergency health data; and (4) describes how an individual may exercise the rights under this Act and how to contact the Commission to file a complaint. (f) Public Reporting.-- (1) In general.--A covered organization that collects, uses, or discloses emergency health data of at least 100,000 individuals shall, at least once every 90 days, issue a public report-- (A) stating in aggregate terms the number of individuals whose emergency health data the covered organization collected, used, or disclosed to the extent practicable; and (B) describing the categories of emergency health data collected, used, or disclosed, the purposes for which each such category of emergency health data was collected, used, or disclosed, and the categories of third parties to whom it was disclosed. (2) Rules of construction.--Nothing in this subsection shall be construed to require a covered organization to-- (A) take an action that would convert data that is not emergency health data into emergency health data; (B) collect or maintain emergency health data that the covered organization would otherwise not maintain; or (C) maintain emergency health data longer than the covered organization would otherwise maintain such data. (g) Required Data Destruction.-- (1) In general.--A covered organization may not use or maintain emergency health data of an individual after the later of-- (A) the date that is 60 days after the termination of the public health emergency declared by the Secretary on January 31, 2020, pertaining to Coronavirus Disease 2019 (COVID-19) under section 319 of the Public Health Service Act (42 U.S.C. 247d) and any renewals thereof; (B) the date that is 60 days after the termination of a public health emergency declared by a governor or chief executive of a State pertaining to Coronavirus Disease 2019 (COVID-19) in which the individual resides; or (C) 60 days after collection. (2) Requirement.--For the requirements under paragraph (1), data shall be destroyed or rendered not linkable in such a manner that it is impossible or demonstrably impracticable to identify any individual from the data. (3) Relation to certain requirements.--The provisions of this subsection shall not supersede any requirements or authorizations under-- (A) the Privacy Act of 1974 (Public Law 93-79); (B) the HIPPA regulations; or (C) Federal or State medical records retention and health privacy laws or regulations, or other applicable Federal or State laws. (h) Emergency Data Collected, Used, or Disclosed Before Enactment.-- (1) Initiating a rulemaking.--Not later than 7 days after the date of enactment of this Act, the Commission shall initiate a public rulemaking to promulgate regulations to ensure a covered organization that has collected, used, or disclosed emergency health data before the date of enactment of this Act is in compliance with this Act, to the degree practicable. (2) Completing a rulemaking.--The Commission shall complete the rulemaking within 45 days after the date of enactment of this Act. (i) Non-Application to Manual Contact Tracing and Case Investigation.--Nothing in this Act shall be construed to limit or prohibit a public health authority from administering programs or activities to identify individuals who have contracted, or may have been exposed to, COVID-19 through interviews, outreach, case investigation, and other recognized investigatory measures by a public health authority or their designated agent by a public health authority or their designated agent intended to monitor and mitigate the transmission of a disease or disorder. (j) Research and Development.--This section shall not be construed to prohibit-- (1) public health or scientific research associated with the COVID-19 public health emergency by-- (A) a public health authority; (B) a nonprofit organization, as described in section 501(c)(3) of the Internal Revenue Code of 1986; or (C) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or (2) research, development, manufacture, or distribution of a drug, biological product, or vaccine that relates to a disease or disorder that is associated or potentially associated with a public health emergency. (k) Legal Requirements.--Notwithstanding subsection (a)(5), nothing in this Act shall be construed to prohibit a good faith response to, or compliance with, otherwise valid subpoenas, court orders, or other legal processes, or to prohibit storage or providing information as otherwise required by law. (l) Application to HIPAA Covered Entities.-- (1) In general.--This Act does not apply to a ``covered entity'' or a person acting as a ``business associate'' under the HIPAA regulations (to the extent that such entities or associates are acting in such capacity) or any health care provider. (2) Guidance for consistency.--Not later than 30 days after the date of enactment of this Act, the Secretary shall promulgate guidance on the applicability of requirements, similar to those in this section to ``covered entities'' and persons acting as ``business associates'' under the HIPAA regulations. In promulgating such guidance, the Secretary shall reduce duplication of requirements and may exclude a requirement of this section if such requirement is already a requirement of the HIPAA regulations. SEC. 4. PROTECTING THE RIGHT TO VOTE. (a) In General.--A government entity may not, and a covered organization may not knowingly facilitate, on the basis of an individual's emergency health data, medical condition, or participation or non-participation in a program to collect emergency health data-- (1) deny, restrict, or interfere with the right to vote in a Federal, State, or local election; (2) attempt to deny, restrict, or interfere with the right to vote in a Federal, State, or local election; or (3) retaliate against an individual for voting in a Federal, State, or local election. (b) Civil Action.--In the case of any violation of subsection (a), an individual may bring a civil action to obtain appropriate relief against a government entity in a Federal district court. SEC. 5. REPORTS ON CIVIL RIGHTS IMPACTS. (a) Report Required.--The Secretary, in consultation with the United States Commission on Civil Rights and the Commission, shall prepare and submit to Congress reports that examines the civil rights impact of the collection, use, and disclosure of health information in response to the COVID-19 public health emergency. (b) Scope of Report.--Each report required under subsection (a) shall, at a minimum-- (1) evaluate the impact of such practices on civil rights and protections for individuals based on race, color, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, Tribal affiliation, disability, domicile, employment status, familial status, immigration status, or veteran status; (2) analyze the impact, risks, costs, legal considerations, disparate impacts, and other implications to civil rights of policies to incentivize or require the adoption of digital tools or apps used for contact tracing, exposure notification, or health monitoring; and (3) include recommendations on preventing and addressing undue or disparate impact, segregation, discrimination, or infringements of civil rights in the collection and use of health information, including during a national health emergency. (c) Timing.-- (1) Initial report.--The Secretary shall submit an initial report under subsection (a) not sooner than 9 months, and not later than 12 months after the date of enactment of this Act. (2) Subsequent reports.--The Secretary shall submit reports annually after the initial report required under paragraph (1) until 1 year after the termination of any public health emergency pertaining to Coronavirus Disease 2019 (COVID-19) under section 319 of the Public Health Service Act (42 U.S.C. 247d). SEC. 6. ENFORCEMENT. (a) Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Provided, however, that, notwithstanding the requirements of section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)), the Commission shall have the exclusive authority to commence or defend, and supervise the litigation of, any action for a violation of this Act or a regulation promulgated under this Act and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, without first referring the matter to the Attorney General. (3) Rulemaking authority.-- (A) In general.--The Commission shall have authority under section 553 of title 5, United States Code, to promulgate any regulations necessary to implement this Act. (B) Consultation.--In promulgating any regulations under this Act, the Commission shall consult with the Secretary. (4) Common carriers and nonprofit organizations.-- Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44; 45(a)(2); 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in paragraphs (1) and (2) of this paragraph, with respect to-- (A) common carriers subject to the Acts to regulate commerce, air carriers, and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), except as provided in section 406(b) of such Act (7 U.S.C. 227(b)); and (B) organizations not organized to carry on business for their own profit or that of their members. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to this Act in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of the federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the federal trade commission.-- The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (C) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (3) Action by the federal trade commission.--If the Commission institutes a civil action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) of this subsection against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (4) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (C) Actions by other state officials.-- (i) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (ii) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Private Right of Action.-- (1) Enforcement by individuals.-- (A) In general.--Any individual alleging a violation of this Act may bring a civil action in any court of competent jurisdiction, State or Federal. (B) Relief.--In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award-- (i) an amount not less than $100 and not greater than $1,000 per violation against any person who negligently violates a provision of this Act; (ii) an amount not less than $500 and not greater than $5,000 per violation against any person who recklessly, willfully, or intentionally violates a provision of this Act; (iii) reasonable attorney's fees and litigation costs; and (iv) any other relief, including equitable or declaratory relief, that the court determines appropriate. (C) Injury in fact.--A violation of this Act with respect to the emergency health data of an individual constitutes a concrete and particularized injury in fact to that individual. (2) Invalidity of pre-dispute arbitration agreements and pre-dispute joint action waivers.-- (A) In general.--Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with respect to a dispute arising under this Act. (B) Applicability.--Any determination as to whether or how this subsection applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (C) Definitions.--In this subsection: (i) The term ``pre-dispute arbitration agreement'' means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement. (ii) The term ``pre-dispute joint-action waiver'' means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administration, or other forum, concerning a dispute that has not yet arisen at the time of making the agreement. (iii) The term ``dispute'' means any claim related to an alleged violation of this Act and between an individual and a covered organization. SEC. 7. NONPREEMPTION. Nothing in this Act shall preempt or supersede, or be interpreted to preempt or supersede, any Federal or State law or regulation, or limit the authority of the Commission or the Secretary under any other provision of law. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall apply beginning on the date that is 30 days after the date of enactment of this Act. (b) Authority To Promulgate Regulations and Take Certain Other Actions.--Nothing in subsection (a) affects-- (1) the authority of any person to take an action expressly required by a provision of this Act before the effective date described in such subsection; or (2) the authority of the Commission to promulgate regulations to implement this Act or begin a rulemaking to promulgate such regulations. <all>

Public Health Emergency Privacy Act

A bill to protect the privacy of health information during a national health emergency.

Public Health Emergency Privacy Act

Sen. Blumenthal, Richard

D

CT

H.R.9258

Health

Rural ER Access Act This bill requires the Centers for Medicare & Medicaid Services to repeal regulations that require off-campus facilities to be located within 35 miles of the main hospital or critical access hospital in order to receive provider-based status under Medicare (i.e., to be considered as hospital outpatient departments for purposes of Medicare payment).

To direct the Secretary of Health and Human Services to revise regulations to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35- mile radius of a hospital or critical access hospital, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may cited as the ``Rural ER Access Act''. SEC. 2. REMOVING LOCATION REQUIREMENTS UNDER THE MEDICARE PROGRAM APPLICABLE TO OFF-CAMPUS FACILITIES OR ORGANIZATIONS. Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise section 413.65(e)(3)(i) of title 42, Code of Federal Regulations (or any successor regulation), to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35-mile radius of the campus of a hospital or critical access hospital that is the potential main provider to meet the location requirements to be eligible for provider-based status. <all>

To direct the Secretary of Health and Human Services to revise regulations to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35-mile radius of a hospital or critical access hospital, and for other purposes.

To direct the Secretary of Health and Human Services to revise regulations to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35-mile radius of a hospital or critical access hospital, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of Health and Human Services to revise regulations to remove the requirement under the Medicare program that an off-campus facility or organization shall be located within a 35-mile radius of a hospital or critical access hospital, and for other purposes.

Rep. Green, Mark E.

R

TN

H.R.8785

Water Resources Development

Lake Erie Water Quality Protection Act This bill requires the U.S. Army Corps of Engineers to prioritize implementation of dredged material management plans for federally authorized harbors in Ohio. Plans must limit open-lake disposal of dredged material and maximize its beneficial use.

To provide for the implementation of dredged material management plans at certain federally authorized harbors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lake Erie Water Quality Protection Act''. SEC. 2. DREDGED MATERIAL MANAGEMENT PLANS. (a) In General.--The Secretary of the Army (referred to in this section as the ``Secretary'') shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) at federally authorized harbors in the State of Ohio. (b) Requirements.--Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 (33 U.S.C. 2326h) for a federally authorized harbor in the State of Ohio shall-- (1) include, in the baseline conditions, a prohibition on use of funding for open-lake disposal of dredged material consistent with section 105 of the Energy and Water Development and Related Agencies Appropriations Act, 2022 (Public Law 117- 103; 136 Stat. 217); and (2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)). (c) Savings Provision.--This section does not-- (1) impose a prohibition on use of funding for open-lake disposal of dredged material; or (2) require the development or implementation of a dredged material management plan in accordance with subsection (b) if use of funding for open-lake disposal is not otherwise prohibited by law. <all>

Lake Erie Water Quality Protection Act

To provide for the implementation of dredged material management plans at certain federally authorized harbors, and for other purposes.

Lake Erie Water Quality Protection Act

Rep. Joyce, David P.

R

OH

H.R.1711

Finance and Financial Sector

Financial Inclusion in Banking Act of 2021 This bill expands the duties of the Office of Community Affairs within the Consumer Financial Protection Bureau regarding under-banked, un-banked, and underserved consumers. Specifically, the office must (1) report on impeding factors for individuals and families that do not participate in the banking system, and (2) develop strategies to increase such participation. The bill also decreases, beginning September 30, 2031, the cap on the surplus funds of the Federal Reserve banks. (Amounts exceeding this cap are deposited in the general fund of the Treasury.)

To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Inclusion in Banking Act of 2021''. SEC. 2. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER- BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS. Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(2)) is amended-- (1) by striking ``The Director shall establish a unit'' and inserting the following: ``(A) In general.--The Director shall establish a unit to be known as the `Office of Community Affairs'''; and (2) by adding at the end the following: ``(B) Duties related to under-banked, un-banked, and underserved consumers.-- ``(i) In general.--The Office of Community Affairs shall-- ``(I) lead coordination of research to identify any causes and challenges contributing to the decision of individuals who, and households that, do not initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing depository institutions, trade associations representing minority depository institutions, organizations representing the interests of traditionally underserved consumers and communities, organizations representing the interests of consumers (particularly low- and moderate-income individuals), civil rights groups, community groups, consumer advocates, and the Consumer Advisory Board about this matter; ``(II) identify subject matter experts within the Bureau to work on the issues identified under subclause (I); ``(III) lead coordination efforts between other Federal departments and agencies to better assess the reasons for the lack of, and help increase the participation of, under-banked, un- banked, and underserved consumers in the banking system; and ``(IV) identify and develop strategies to increase financial education to under-banked, un-banked, and underserved consumers. ``(ii) Coordination with other bureau offices.--In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate. ``(iii) Reporting.-- ``(I) In general.--The Office of Community Affairs shall submit a report to Congress, within two years of the date of enactment of this subparagraph and every 2 years thereafter, that identifies any factors impeding the ability of, or limiting the option for, individuals or households to have access to fair, on-going, and sustainable relationships with depository institutions to meet their financial needs, discusses any regulatory, legal, or structural barriers to enhancing participation of under-banked, un-banked, and underserved consumers with depository institutions, and contains recommendations to promote better participation for all consumers with the banking system. ``(II) Timing of report.--To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.''. SEC. 3. DISCRETIONARY SURPLUS FUNDS. (a) In General.--The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2031. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Financial Inclusion in Banking Act of 2021

To amend the Consumer Financial Protection Act of 2010 to direct the Office of Community Affairs to identify causes leading to, and solutions for, under-banked, un-banked, and underserved consumers, and for other purposes.

Financial Inclusion in Banking Act of 2021 Financial Inclusion in Banking Act of 2021 Financial Inclusion in Banking Act of 2021

Rep. Scott, David

D

GA

H.R.7876

Health

Connecting Rural Telehealth to the Future Act This bill modifies requirements relating to coverage of telehealth services under Medicare. Specifically, the bill extends through 2024 certain flexibilities that were initially authorized during the public health emergency relating to COVID-19. Among other things, the bill allows (1) rural health clinics and federally qualified health centers to serve as the distant site (i.e., the location of the health care practitioner), (2) the home of a beneficiary to serve as the originating site (i.e., the location of the beneficiary) for all services (rather than for only certain services), and (3) other types of practitioners to furnish telehealth services.

To amend title XVIII of the Social Security Act to protect access to telehealth services under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Connecting Rural Telehealth to the Future Act''. SEC. 2. REMOVING GEOGRAPHIC REQUIREMENTS AND EXPANDING ORIGINATING SITES FOR TELEHEALTH SERVICES. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (4)(C)(iii), by striking ``during the 151- day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B)'' and inserting ``before January 1, 2025''; and (2) in paragraph (2)(B)(iii), by striking ``during the 151- day period beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B)'' and inserting ``before January 1, 2025''. SEC. 3. EXPANDING PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH SERVICES. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended in paragraph (4)(E), by striking ``151-day'' and inserting ``and ending on December 31, 2024'' after ``described in section 1135(g)(1)(B)''. SEC. 4. EXTENDING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS. Section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)) is amended in subparagraph (A), by striking ``151-day'' and inserting ``and ending on December 31, 2024'' after ``described in section 1135(g)(1)(B)''. SEC. 5. DELAYING THE IN-PERSON REQUIREMENTS UNDER MEDICARE FOR MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH AND TELECOMMUNICATIONS TECHNOLOGY. (a) In General.--Section 1834(m)(7)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended in the matter preceding subclause (I), by striking ``the day that is the 152nd day after the end of the emergency period'' and inserting ``January 1, 2025''. (b) Payment.--Section 1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is amended in paragraph (2), by striking ``the day that is the 152nd day after the end of the emergency period'' and inserting ``January 1, 2025''. (c) Conforming Amendment.--Section 1834(o)(4) of the Social Security Act (42 U.S.C. 1395m(o)(4)) is amended in subparagraph (B), by striking ``the day that is the 152nd day after the end of the emergency period described in section 1135(g)(1)(B)'' and inserting ``January 1, 2025''. SEC. 6. ALLOWING FOR THE FURNISHING OF AUDIO-ONLY TELEHEALTH SERVICES. Section 1834(m) of Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (1), by striking ``paragraphs (8) and (9)'' and inserting ``paragraph (8)''; (2) by striking paragraph (9); and (3) in paragraph (4), by adding at the end the following new subparagraph: ``(G) Telecommunications system.-- ``(i) In general.--Notwithstanding paragraph (1) and section 410.78(a)(3) of title 42, Code of Federal Regulations (or any successor regulation), subject to clause (v), the term `telecommunications system' includes, in the case of the furnishing of a specified telehealth service (as defined in clause (ii)) a communications system that uses audio-only technology. ``(ii) Specified telehealth service.--In this subparagraph, the term `specified telehealth service' means a telehealth service described in clause (iii) that is furnished by a qualified provider (as defined in clause (iv)). ``(iii) Telehealth service described.--A telehealth service as defined in subparagraph (F)(i). ``(iv) Qualified provider defined.--For purposes of clause (ii), the term `qualified provider' means, with respect to a specified telehealth service that is furnished to an eligible telehealth individual-- ``(I) a physician or practitioner who has an established patient relationship with such individual as defined by the State in which the individual is located; or ``(II) a critical access hospital (as defined in section 1861(mm)(1)), a rural health clinic (as defined in section 1861(aa)(2)), a federally qualified health center (as defined in section 1861(aa)(4)), a hospital (as defined in section 1861(e)), a hospital-based or critical access hospital-based renal dialysis center (including satellites), a skilled nursing facility (as defined in section 1819(a)), a community mental health center (as defined in section 1861(ff)(3)(B)), or a rural emergency hospital (as defined in section 1861(kkk)(2)). ``(v) Authority.--For purposes of this subparagraph, the Secretary may determine whether it is clinically appropriate to furnish a specified telehealth service via a communications system that uses audio-only technology and whether an in-person initial visit (in addition to any requirement with respect to the furnishing of an item or service in person pursuant to clause (iv)(I)) is required prior to the furnishing of such service using such technology. ``(vi) Clarification regarding payment.-- The amount of payment for a specified telehealth service that is furnished using audio-only technology shall be equal to the amount that would have been paid for such service under this subsection had such service been furnished via any other telecommunications system authorized under this subsection.''. SEC. 7. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER PRIOR TO RECERTIFICATION OF ELIGIBILITY FOR HOSPICE CARE DURING EMERGENCY PERIOD. Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking ``151-day'' and inserting ``and ending on December 31, 2024'' after ``described in section 1135(g)(1)(B)''. SEC. 8. EXTENSION OF EXEMPTION FOR TELEHEALTH SERVICES. (a) In General.--Subparagraph (E) of section 223(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``2023''and inserting ``2025''. (b) Certain Coverage Disregarded.--Clause (ii) of section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``2023'' and inserting ``2025''. SEC. 9. FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended in paragraph (8), by striking subparagraph (B) and inserting the following: ``(B) Payment.-- ``(i) In general.--A telehealth service furnished by a federally qualified health center or a rural health clinic to an individual pursuant to this paragraph on or after the date of the enactment of this subparagraph shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or under section 1833(a)(3), respectively. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. SEC. 10. TELEHEALTH FLEXIBILITIES FOR CRITICAL ACCESS HOSPITALS. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in the first sentence of paragraph (1), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; (2) in paragraph (2)(A), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; (3) in paragraph (4)-- (A) in subparagraph (A), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; and (B) in subparagraph (F)(i), by striking ``paragraph (8)'' and inserting ``paragraphs (8) and (9)''; and (4) by adding at the end the following new paragraph: ``(9) Telehealth flexibilities for critical access hospitals.-- ``(A) In general.--On or after the date of the enactment of this paragraph-- ``(i) the Secretary shall pay for telehealth services that are furnished between the end of the emergency period described in section 1135(g)(1)(B) and January 1, 2025, via a telecommunications system by a critical access hospital, including any practitioner authorized to provide such services within the facility, that is a qualified provider (as defined in subparagraph (B)) to an eligible telehealth individual enrolled under this part notwithstanding that the critical access hospital providing the telehealth service is not at the same location as the beneficiary, if such services complement a plan of care that includes in-person care at some point, as may be appropriate; ``(ii) the amount of payment to a critical access hospital that serves as a distant site for such a telehealth service shall be determined under subparagraph (C); and ``(iii) for purposes of this subsection-- ``(I) the term `distant site' includes a critical access hospital that furnishes a telehealth service to an eligible telehealth individual; and ``(II) the term `telehealth services' includes behavioral health services and any other outpatient critical access hospital service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary under clause (i) or (ii) of paragraph (4)(F) are listed on the corresponding claim for such critical access hospital service. ``(B) Definition of qualified provider.--For purposes of this subsection, the term `qualified provider' means, with respect to a telehealth service described in subparagraph (A)(i) that is furnished to an eligible telehealth individual, a critical access hospital that has an established patient relationship with such individual as defined by the State in which the individual is located. ``(C) Payment.--The amount of payment to a critical access hospital that serves as a distant site that furnishes a telehealth service to an eligible telehealth individual under this paragraph shall be equal to 101 percent of the reasonable costs of the hospital in providing such services, unless the hospital makes an election under paragraph (2) of section 1834(g) to be paid for such services based on the methodology described in such paragraph. Telehealth services furnished by a critical access hospital shall be counted for purposes of determining the provider productivity rate of the critical access hospital for purposes of payment under such section. ``(D) Implementation.--Notwithstanding any other provision of law, the Secretary may implement this paragraph through program instruction, interim final rule, or otherwise.''. SEC. 11. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act. <all>

Connecting Rural Telehealth to the Future Act

To amend title XVIII of the Social Security Act to protect access to telehealth services under the Medicare program.

Connecting Rural Telehealth to the Future Act

Rep. Smith, Adrian

R

NE

H.R.4511

Health

FDA Advancing Collection of Transformative Science Act or the FACTS Act This bill establishes that certain data and determinations from a request for emergency use authorization for a drug, biological product, or medical device may apply to later regulatory procedures for that product. Specifically, data generated to support a request for emergency use authorization may constitute valid scientific evidence to be considered for various later submissions to the Food and Drug Administration (FDA), including a request for market approval. Also, when granting emergency use authorization for a medical device, if the FDA determines that the device performs certain simple low-risk examinations or procedures, that determination shall apply to certain other regulatory submissions unless additional information contradicts that determination.

To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Advancing Collection of Transformative Science Act'' or the ``FACTS Act''. SEC. 2. USING EMERGENCY USE AUTHORIZATION DATA AND REAL WORLD EVIDENCE GATHERED DURING AN EMERGENCY TO SUPPORT PREMARKET APPLICATIONS FOR DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. Section 564(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(k)) is amended-- (1) by striking ``If a product'' and inserting the following: ``(1) In general.--If a product''; and (2) by adding at the end the following: ``(2) Data relating to a drug, biological product, or device generated during emergency use.--Emergency use-related data submitted by a sponsor in an application for, or submission relating to, the approval, licensure, or clearance of a drug, biological product, or device may constitute valid scientific evidence or otherwise satisfy the standard of evidence for approval, licensure, or clearance of such drug, biological product, or device, and shall be considered for purposes of-- ``(A) reviewing submissions and approving, licensing, or clearing such drug, biological product, or device pursuant to, as applicable, sections 505, 510(k), 513(f), and 515 of this Act and section 351 of the Public Health Service Act; and ``(B) otherwise meeting the requirements of this Act or section 351 of the Public Health Service Act. ``(3) Applicability of certain categorizations for premarket device review.--In the case of a device receiving an authorization under this section for which the Secretary has determined, in accordance with subsection (m), that a laboratory examination or procedure associated with such device is deemed to be in the category of examinations and procedures described in section 353(d)(3) of the Public Health Service Act, such determination shall apply with regard to a submission pursuant to section 510(k), 513(f), or 515 for such device, unless the Secretary (taking into account any applicable conditions specified pursuant to subsection (m)(2) of this section) identifies new information not included in the request for authorization that indicates that the criteria under section 353(d)(3) of the Public Health Service Act are not met. ``(4) Rule of construction.--Nothing in this subsection shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of this Act, or section 351 of the Public Health Service Act for the approval, licensure, or clearance of a drug, biological product, or device. ``(5) Emergency use-related data defined.-- ``(A) In general.--In this subsection, the term `emergency use-related data' means-- ``(i) data that is used to support the issuance of an authorization under this section with respect to a drug, biological product, or device; ``(ii) data generated during the period under which such authorization is in effect, with respect to such drug, biological product, or device; and ``(iii) real world evidence relating to such drug, biological product, or device used pursuant to such authorization. ``(B) Exclusion.--Such term does not include data previously reviewed and determined to be inadequate or insufficient to support such an authorization.''. <all>

FACTS Act

To amend the Federal Food, Drug, and Cosmetic Act to authorize the use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes.

FACTS Act FDA Advancing Collection of Transformative Science Act

Rep. Burgess, Michael C.

R

TX

S.3909

Taxation

Military Spouse Hiring Act This bill expands the Work Opportunity Tax Credit (WOTC) to include the hiring of a qualified military spouse. (The WOTC permits employers who hire individuals who are members of a targeted group such as qualified veterans, ex-felons, or long-term unemployment recipients to claim a tax credit equal to a portion of the wages paid to those individuals.) A qualified military spouse is any individual who is certified by the designated local agency as being (as of the hiring date) a spouse of a member of the Armed Forces.

To amend the Internal Revenue Code of 1986 to make employers of spouses of military personnel eligible for the work opportunity credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Hiring Act''. SEC. 2. ELIGIBILITY OF SPOUSES OF MILITARY PERSONNEL FOR THE WORK OPPORTUNITY CREDIT. (a) In General.--Paragraph (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 military spouse.''. (b) Qualified Military Spouse.--Subsection (d) of section 51 of such Code is amended by adding at the end the following new paragraph: ``(16) Qualified military spouse.--The term `qualified military spouse' means any individual who is certified by the designated local agency as being (as of the hiring date) a spouse of a member of the Armed Forces of the United States.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. <all>

Military Spouse Hiring Act

A bill to amend the Internal Revenue Code of 1986 to make employers of spouses of military personnel eligible for the work opportunity credit.

Military Spouse Hiring Act

Sen. Kaine, Tim

D

VA

H.R.7812

Agriculture and Food

Floriculture and Nursery Plant Health Initiative Act of 2022 This bill establishes a research and extension grant program for a floriculture and nursery plant health initiative. Specifically, the bill authorizes the Department of Agriculture to provide competitive grants for

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Floriculture and Nursery Plant Health Initiative Act of 2022''. SEC. 2. ESTABLISHING THE FLORICULTURE AND NURSERY PLANT HEALTH INITIATIVE. (a) In General.--Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following new paragraph: ``(21) Floriculture and nursery plant health initiative.-- Research and extension grants may be made under this section for the purposes of-- ``(A) developing and disseminating science-based tools and treatments to combat plant pests (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) and pathogens that impact floriculture and nursery crops; ``(B) establishing area-wide integrated pest management programs in areas affected by, or areas at risk of being affected by, invasive plant pests or pathogens; ``(C) surveying and collecting data on the production of, health of, and markets for floriculture and nursery crops; ``(D) investigating the biology, genomics, and production systems of floriculture and nursery crops; and ``(E) conducting research on various factors that may contribute to (or be associated with) resilient floriculture and nursery crop systems, and combatting other serious threats to floriculture and nursery crops, including research on-- ``(i) utilizing beneficial insects, soil improvement techniques, and chemicals (organic and nonorganic) to improve the health and productivity of floriculture and nursery crops; ``(ii) breeding new varieties to maintain the worldwide market advantage of the floriculture and nursery crop industries; and ``(iii) best management practices in floriculture and nursery crop growing regions under various climate conditions.''. (b) Authorization of Appropriations.--Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking ``2023'' and inserting ``2033''. <all>

Floriculture and Nursery Plant Health Initiative Act of 2022

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes.

Floriculture and Nursery Plant Health Initiative Act of 2022

Rep. Kahele, Kaiali'i

D

HI

H.R.5490

Foreign Trade and International Finance

Foreign Adversary Risk Management Act or the FARM Act This bill places the Secretary of Agriculture on the Committee on Foreign Investment in the United States, and it requires the committee to review any investment that could result in foreign control of any U.S. agricultural business. Further, it includes agricultural systems and supply chains in the definitions of critical infrastructure and critical technologies for the purposes of reviewing such investments. The Department of Agriculture and the Government Accountability Office must each analyze and report on foreign influence in the U.S. agricultural industry.

To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Adversary Risk Management Act'' or the ``FARM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United States agriculture and supply chains are critical to United States economic success and prosperity, and should each be classified as critical infrastructure and critical technologies. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated. SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. (a) Agriculture Representative.--Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended-- (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: ``(H) The Secretary of Agriculture.''. (b) Review of Agriculture Investments by Foreign Entities.--Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. (c) Agricultural Supply Chains Included in Critical Infrastructure.--Section 721(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) is amended-- (1) by striking ```critical infrastructure' means'' and inserting the following: ```critical infrastructure'-- ``(i) means''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.''. (d) Agricultural Supply Chains Included as Critical Technologies.-- Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(6)(A)) is amended by adding at the end the following: ``(vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451)).''. SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES AGRICULTURE INDUSTRY. Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Comptroller General of the United States shall each-- (1) conduct an analysis of foreign influence in the United States agriculture industry; and (2) submit to Congress a report that includes a summary of-- (A) foreign investments in the United States agriculture industry; (B) the potential for foreign investment to undermine United States agriculture production and agricultural supply chains; (C) the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and (D) agriculture-related espionage and theft techniques used by foreign governments, including any attempts to target United States agricultural intellectual property, innovation, research and development, cost or pricing data, or internal strategy documents. <all>

FARM Act

To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes.

FARM Act Foreign Adversary Risk Management Act

Rep. Jackson, Ronny

R

TX

S.3413

Taxation

This bill extends through 2025 the tax credit for the health insurance costs of individual taxpayers and their family members.

To amend the Internal Revenue Code of 1986 to extend the credit for health insurance costs of eligible individuals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF HEALTH COVERAGE TAX CREDIT. (a) In General.--Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2022'' and inserting ``January 1, 2026''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after December 31, 2021. <all>

A bill to amend the Internal Revenue Code of 1986 to extend the credit for health insurance costs of eligible individuals.

A bill to amend the Internal Revenue Code of 1986 to extend the credit for health insurance costs of eligible individuals.

Official Titles - Senate Official Title as Introduced A bill to amend the Internal Revenue Code of 1986 to extend the credit for health insurance costs of eligible individuals.

Sen. Brown, Sherrod

D

OH

S.2682

Education

Protect Equality And Civics Education Act or the PEACE Act This bill prohibits the use of FY2021 funding made available for the American History and Civics Education program to fund a curriculum, teaching, or counseling that promotes a divisive concept under the priorities noticed in the Department of Education's proposed rule titled Proposed Priorities-American History and Civics Education, published on April 19, 2021.

To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Equality And Civics Education Act'' or the ``PEACE Act''. SEC. 2. LIMITATION ON USE OF FUNDS. After section 318 of title III of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260), insert the following: ``Sec. 319. (a) None of the funds made available by this title for an American history and civics education program under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 et seq.) may be used to fund curriculum, or teaching or counseling, that promotes or compels a divisive concept under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education (published at 86 Fed. Reg. 20348 (April 19, 2021)). ``(b) In this section: ``(1) The term `promotes or compels a divisive concept', means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(C) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. ``(E) Members of one race cannot and should not attempt to treat others without respect to race. ``(F) An individual's moral character is necessarily determined by his or her race. ``(G) An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other members of the same race. ``(H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(2) The term `race scapegoating' means assigning fault, blame, or bias to a race, or to members of a race because of their race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race.''. <all>

PEACE Act

A bill to amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education.

PEACE Act Protect Equality And Civics Education Act

Sen. Rubio, Marco

R

FL

H.R.9323

Social Welfare

Lifting American Children From Poverty Act This bill establishes a temporary interagency task force to develop a strategic plan to reduce child poverty, particularly in states that experience higher than average poverty rates. Members of the task force include representatives from relevant federal agencies, state and local governments, advocacy organizations, the private sector, and other experts.

To establish a task force on child and family economic security and stability for economic growth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifting American Children From Poverty Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the United States Census Bureau, poverty rates for children under the age of 18 have increased to 16.1 percent in 2020, from 14.4 percent in 2019. The increase means that now 11,600,000 children live in poverty, as opposed to 10,000,000 in 2019. (2) Data from the Children's Defense Fund show that child poverty is an issue that is concentrated in the American south, with statistics showing that Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma, South Carolina, Tennessee, Texas, and West Virginia have over a quarter of their child population living in poverty. (3) A 2018 Social Work Research report estimated that the annual economic costs of child poverty was $36,000,000,000 to $177,000,000,000, demonstrating how child poverty stalls economic productivity. (4) Recent data from the Census Bureau Current Population Survey shows that child poverty increased sharply during the COVID-19 pandemic among Black and Latino families. More specifically, child poverty rose by 4.2 percent in Latino families and 2.8 percent in Black families. (5) A report from the Urban Institute demonstrates that poverty is closely associated with a lack of educational achievement. For instance, only 64 percent of persistently poor children graduate from high school. (6) The problem of child poverty also acutely affects children of color, with 1 in 5 living in poverty. Another statistic from the Children's Defense Fund (2019) shows that 71 percent of children living in poverty were children of color. Children of color are also 2.5 times more likely to live in poverty than their White counterparts. (7) The Census Bureau Current Population Survey also shows that COVID-19 erased recent gains in the United States toward combating child poverty. In September 2020, child poverty rates were at its lowest since 1973. (8) 3.4 percent of families reported not having enough to eat prepandemic, but during the pandemic that number rose to 12 percent according to Center on Budget and Policy Priorities analysis. Among households with children, that number was 16 percent. (9) Data published by the National Public Radio show that the child tax credit cut monthly child poverty rates by 30 percent and kept 3,700,000 children out of poverty. In addition, 91 percent of low-income families spent the tax credit on basic needs, such as food. The monthly payments cut food insufficiency by 25 percent. SEC. 3. PURPOSE. The purpose of this Act is to establish an interagency task force that would create a strategic and comprehensive plan to reduce child poverty, particularly in States with higher poverty rates than the national average of 21 percent, by-- (1) analyzing the state of child and intergenerational poverty and its causes; (2) creating an inventory of all available Federal programs aimed at reducing child poverty; and (3) making recommendations for improving the effectiveness and efficiency of Federal programs that reduce child poverty. SEC. 4. INTERAGENCY TASK FORCE ON CHILD POVERTY. (a) Establishment.--Not later than 90 days after the enactment of this Act, the Secretary of Labor, in cooperation with the Secretary of Housing and Urban Development, and Secretary of Health and Human Services shall convene a permanent task force on child and family economic security and stability for economic growth (in this Act referred to as the ``Task Force''). (b) Permanent Membership.--The Task Force shall be composed of the following officials (or their designees): (1) The Secretary of Labor, who shall serve as a co-chair of the Task Force. (2) The Secretary of Housing and Urban Development, who shall serve as a co-chair of the Task Force. (3) The Secretary of Health and Human Services, who shall serve as a co-chair of the Task Force. (4) The Secretary of the Department of Agriculture. (5) The Secretary of the Department of Commerce. (6) The Secretary of Education. (7) The Secretary of the Treasury. (8) The Director of the Bureau of the Census. (9) Such other officials of Federal departments and agencies as the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, acting jointly, may designate or invite (as appropriate) to serve on the Task Force. (c) Rotational Membership.--The Secretary of Labor and the Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall, jointly, nominate the following members to the task force for a period not to exceed 2 years: (1) Two experts on child poverty. The experts nominated under this paragraph must have conducted and published a significant body of research on child poverty issues. (2) Two local government representatives from States exhibiting child poverty rates of 22 percent or more who have responsibilities in allocating, distributing or determining eligibility for means-tested benefits. (3) Two representatives from nonprofit, community serving organizations working to address child poverty through evidence-based and evidence-informed approaches, which meet the scientifically based methods definition of this Act. (4) Two representatives from State-level labor or health and human services agencies in States with above average child poverty rates. (5) Two representatives from the private sector that have engaged in corporate social responsibility efforts in low- income communities, and who have measured success using metrics that are grounded on scientifically based methods. (6) One representative with expertise in program evaluation and evidence-based policymaking. (7) One representative with expertise in program evaluation or implementation with Indian Tribes. (d) Term.--Except as noted in subsection (c), each member shall be appointed for the life of the Task Force. (e) Vacancies.--A vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (f) Pay.-- (1) In general.--Except as provided in paragraph (2), members of the Task Force shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Quorum.--A majority of members of the Task Force shall constitute a quorum but a lesser number may hold hearings. SEC. 5. POWERS AND DUTIES. (a) Powers of the Task Force.-- (1) Hearings and sessions.--The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. The Task Force may administer oaths or affirmations to witnesses appearing before it. (2) Stakeholders.--The Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, acting jointly, shall, as appropriate, invite representatives of stakeholders to attend meetings of the Task Force, appear before the Task Force, and file statements with the Task Force, subject to such requirements as the Secretaries may determine. (3) Powers of members and agents.--Any member or agent of the Task Force may, if authorized by the Task Force, take any action which the Task Force is authorized to take by this section. (4) Obtaining official data.--The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the chairperson of the Task Force, the head of that department or agency shall furnish that information to the Task Force. (5) Mails.--The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--Upon the request of the Task Force, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this section. (b) Duties.--The Task Force shall submit to the President and Congress, a strategic plan to reduce child poverty, with emphasis and prioritization of those States experiencing higher than average poverty rates. Such plan shall require the Task Force to-- (1) analyze the state of poverty in States experiencing higher than average child policy to identify common themes or patterns; (2) create an inventory of existing Federal programs targeting child poverty, and the different factors that lead to it including education, labor, child care and development, health, and housing; (3) identify duplicative programs, gaps in coverage or programming, and programs that would benefit from flexibility to blend and braid funding; (4) analyze evidence of the effectiveness of Federal programs in the inventory to promote continuous improvement and to assure accountability; (5) provide recommendations, giving priority preference for States exhibiting above average poverty, on how to enhance, streamline, scale, improve, expand effective programs or repurpose ineffective programs, through legislative, executive and agency actions, including-- (A) new allocations in funding, for the expansion of effective programs; (B) pilot initiatives to improve the performance of underperforming Federal programs and initiatives, which shall be prioritized for States experiencing above average child poverty; (C) considering tiered evidence grant making to develop, implement, replicate, scale, and evaluate evidence-based innovations; (D) considering flexibility and waiver pilots to streamline programming; (E) considering Pay for Success initiatives, when appropriate; and (F) considering repurposing ineffective programs; (6) recommendations must also include recommendations with the intention of creating, enhancing or improving partnerships among Federal, State, local governments, Indian tribes and the private, academic, and nonprofit sectors; (7) study the effect of the child tax credit under section 24 of the Internal Revenue Code of 1986 in cutting child poverty and the effect of an expanded and permanent child tax credit; (8) the Task Force must consider approaches that are potentially successful in urban and rural environments; (9) the Task Force must consider the needs of immigrant or limited English language speaking communities, when appropriate; (10) the Task Force must consider the needs of Indian tribes; (11) provide policy guidance and strategies on developing coordinated, coherent, and cohesive cross-agency implementation of actions and budgeting, with an emphasis on data and appropriate metrics; (12) devise comprehensive action plans, including multiyear and annual priorities; (13) create an accountability mechanism that would allow Congress to monitor progress in States' child poverty rates, and hold States accountable in instances of minimal improvement, stagnant progress or noncompliance; and (14) consider, and adopt mechanisms that are documented, using scientifically based methods, to effectively reduce child poverty, which may include-- (A) tiered evidence grantmaking that allocates funding based on the level of evidence provided, with smaller awards made to test new and innovative service models and larger awards made to scale service models with stronger evidence; (B) increased flexibility to braid and blend funds by allowing for improved coordination, comprehensive multigenerational programming and streamlining of Federal funding; and (C) pay for success initiatives that tie payment for service delivery to the achievement of measurable outcomes. (c) Supplement, Not Supplant.--The Task Force shall not consider or adopt strategies that would supplant State or local funds. SEC. 6. PROVISION OF STAFF, EXPERTS, AND CONSULTANTS. (a) Director.--The Task Force shall have a director who shall be appointed by the co-chairs, acting jointly. (b) Staff Appointments.--Subject to rules prescribed by the Task Force, the co-chairs, acting jointly, may appoint additional personnel as the co-chairs consider appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Task Force shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--Subject to rules prescribed by the Task Force, the co-chairs, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff to Federal Agencies.--Upon request of the co-chairs, acting jointly, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Task Force to assist it in carrying out its duties under this section. SEC. 7. INITIAL REPORT. (a) First Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Task Force shall provide to the Secretary of Labor and Congress a report that includes-- (1) a description of the state of poverty in States with child poverty rates of 22 percent or above, including-- (A) the workforce participation and employment rates; (B) the percentage of children living in poverty, including counties or school districts with persistent child poverty; (C) an estimate of both the percentage and number of individuals who are self employed; (D) the average reading and mathematics proficiency for elementary school, from third grade and thereafter, and secondary school students; (E) rates of secondary and post-secondary completion for those experiencing poverty; (F) the number and percentage of individuals participating in means-tested benefits programs; (G) an inventory and analysis of all Federal programs and their evidence base aimed at reducing child poverty or any of its casual variables; (H) a summary of existing studies that have used scientifically based research methods to evaluate the effectiveness of Federal programs and recommendations for ensuring the studies are made publicly available online in a user-friendly format; and (I) a plan for legislative, executive, or other actions, to reduce child poverty rates, with a specific focus on jurisdictions with above average child poverty rates, and address any issues identified as a result of the initial report through-- (i) increasing enrollment or expansion of Federal programs that have shown to be effective in States with higher than average child poverty rates; (ii) building scholarly literature and evidence, including tiered-evidence approaches, to generate Federal strategies and new funding opportunities for States with higher than average child poverty rates; (iii) encouraging the use of flexibility waiver pilot programs to blend funding and coordinate programming, when appropriate, which would grant priorities for States with higher than average child poverty levels; (iv) providing tax incentives for job creation; and (v) creating economic incentives by-- (I) exploring the impact of earned income tax credits; (II) reducing tax burden for families of children living in poverty; and (III) providing tax incentives for nonprofit and private sector agents to reduce family and child poverty rates; (2) recommendations for States to engage with local governments, nonprofits, institutions of higher learning, and child poverty experts; and (3) a plan for the creation of an accountability mechanism to ensure that child poverty rates are monitored and States held accountable for progress. (b) Subsequent Reports.--Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Task Force shall submit to the President and the Congress, make publicly available, and disseminate a report detailing-- (1) the strategies developed to address deficiencies noted by the report under subsection (a); (2) in the case of reports subsequent to the first report of this subsection, a description of the accomplishments of the task force since the preceding report; (3) national priorities for addressing child poverty, economic growth, and family stability in the United States; (4) updates on Federal research findings and research needs regarding child and family economic security and stability for economic growth; (5) information submitted to the Task Force by Federal departments and agencies for inclusion in the report; (6) information submitted by stakeholders for inclusion in the report; and (7) progress on strategies in the previous report in States with above average child poverty rates in the original report, which will include-- (A) updated child poverty rates, including the nominal and percentage value changes from the original report; (B) workforce participation rates among families with children, and among youth; (C) secondary and post-secondary education enrollment and completion rates; and (D) any other outcome indicators, along with necessary benchmarks, that the Task Force deems as important variables in measuring progress towards the eradication of child poverty. SEC. 8. REQUIRED RECORDS AND PUBLIC NOTICES. (a) Meetings.-- (1) In general.--The Task Force shall meet not less than 3 times in the first year after the establishment of the Task Force, and not less than twice per year thereafter. (2) Field hearings.--The Task Force, in addition, shall conduct at least one hearing in any one of the States that meet the poverty rate percentage established in section 4(c)(2). (3) Notice.--The Task Force shall-- (A) publish in the Federal Register timely notice of each upcoming meeting of the Task Force; and (B) provide for other types of public notice to ensure that all interested persons receive timely notice of each upcoming meeting of the Task Force. (4) Minutes.-- (A) In general.--The Task Force shall record and maintain detailed minutes of each meeting of the Task Force, including-- (i) the meeting agenda; (ii) a record of the persons present; (iii) a complete and accurate description of matters discussed at the meeting and conclusions reached; and (iv) copies of all reports received, issued, or approved by the Task Force in connection with the meeting. (B) Public availability; copying.--The Task Force shall make such minutes available for public inspection and copying. (C) Accuracy.--The co-chairs of the Task Force shall certify the accuracy of all such minutes. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended. SEC. 10. TERMINATION OF TASK FORCE. The Task Force shall terminate no later than 4 years after enactment of this Act. SEC. 11. DEFINITIONS. In this Act: (1) Child living in poverty.--The term ``child living in poverty'' means an individual-- (A) who is under the age of 18; (B) who lives in a State where the average poverty rate is higher than the national average of 21 percent; and (C) whose family has an income at or below the poverty line. (2) ESEA terms.--The terms ``elementary school'', ``poverty line'', ``secondary school'', and ``institution of higher education'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Means-tested federal benefit program.--The term ``means-tested Federal benefit program'' means a mandatory spending program of the Federal Government, in which eligibility for the program's benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit, and includes-- (A) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (C) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the summer food service program for children under section 13 of such Act (20 U.S.C. 1761); (D) 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.); (E) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); (F) the Medicaid program; (G) the earned income credit allowed under section 32 of the Internal Revenue Code of 1986; (H) the refundable portion of the child tax credit allowed under section 24(d) of such Code; and (I) payments received under section 8 of the United States Housing Act of 1937. (5) Scientifically based research methods.--The term ``scientifically based research methods'' means-- (A) research that applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to child poverty; and (B) includes research that-- (i) employs systemic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and (iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (6) Tiered-evidence approaches.--The term ``tiered-evidence approaches'' include research or activities, including grant classification, where such research, activities or grants are awarded to programs according to their level of evidence of effectiveness. (7) State.--The term ``State'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (8) Repurpose.--The term ``repurpose'' means shifting funding from low-performing or low-use programs, policies, or practices to high impact programs, policies, or practices. <all>

Lifting American Children From Poverty Act

To establish a task force on child and family economic security and stability for economic growth.

Lifting American Children From Poverty Act

Rep. Velazquez, Nydia M.

D

NY

S.3419

Housing and Community Development

HUD Health and Safety Accountability Act This bill requires the Department of Housing and Urban Development (HUD) to make changes to policies and procedures applicable to HUD multifamily housing programs. For example, the bill requires management and occupancy reviews conducted by the Office of Multifamily Housing Programs to include specified graded factors. Additionally, the bill requires changes to (1) local code enforcement response, (2) HUD oversight of individual units that receive Section 8 housing assistance, (3) tenant surveys issued by performance-based contract administrators, and (4) the disclosure of program contact information to tenants.

To require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Health and Safety Accountability Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Housing and Urban Development. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. REFORMS TO MANAGEMENT AND OCCUPANCY REVIEWS. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the following reforms to management and occupancy reviews conducted by the Office of Multifamily Housing Programs: (1) Form 9843 shall be restructured to include the following as graded factors: (A) Responsiveness of local code violations. (B) Remediation of health and sanitation and structural integrity issues outlined in uniform physical condition standards inspections. (C) Remediation of deficiencies outlined in any demand for corrective actions. (D) Restoration of the resident satisfaction section and inclusion of feedback from tenants to contribute to the grading. (2) Rebalance existing grading methodology to prioritize-- (A) health, safety, and sanitation conditions; (B) general physical condition is compliant with contractual standards; and (C) remediation of tenant concerns regarding unit conditions, particularly health, safety, and sanitation. (3) The Performance Based Contract Administrator may formally recommend abatement or cure period for properties and resident units that do not meet contractual or Federal, State, or local standards. (4) Owner-reported notices of local code violations, security and incident reports, and uniform physical condition standards inspection reports from the Department shall be included in the review for the category for overall assessment and score results. (5) During the review, Performance Based Contract Administrators may assess conditions of both occupied (with resident consent) and unoccupied units. (6) If a property that has not received a uniform physical condition standards inspection within 1 year receives an ``unsatisfactory'' rating on a review, a uniform physical condition standards inspection shall be automatically required within 120 days. (7) Allows the Secretary to allocate revenue from civil money penalties on owners as a result of housing assistance payment contract violations to fund the reviews and uniform physical condition standards inspections. SEC. 4. REFORMS TO LOCAL CODE ENFORCEMENT. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to reform local code enforcement by the Department, including by requiring owners, or designated property managers, of properties receiving project-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) to-- (1) report to the appropriate Performance Based Contract Administrator and regional office of the Department within 14 days of receiving official notice-- (A) local code enforcement findings of deficient conditions at properties both generally and at resident units, including-- (i) a copy of the official notice; (ii) a summary of the deficiency findings; and (iii) a priority summary of health and safety conditions cited and compliance requirements; and (2) report to the local code enforcement entity that the owner or designated property manager, as applicable, has submitted the information under paragraph (1). SEC. 5. REFORMS TO HUD OVERSIGHT. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidance to-- (1) reform the scoring methodology for uniform physical condition standards inspections to prioritize health and safety conditions, including interior unit conditions; (2) require the Secretary to verify in person that owners have taken action to address health and safety deficiencies outlined in a demand for corrective action; (3) requires property owners to report all deficiencies listed in a demand for corrective action to the applicable Performance Based Contract Administrator; and (4) allow for the Department to abate individual units assisted under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) from contractual financial payments for exigent health and safety reasons, provided that tenants of such units shall not be required to pay contributions toward rent for during the abatement periods. SEC. 6. REFORMS TO TENANT SURVEYS. Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a process by which a Performance Based Contract Administrator shall issue tenant surveys, as follows: (1) For properties receiving a uniform physical condition standards inspection score of not less than 60/100 and not more than 80/100, tenant surveys shall be made available to a sampling of not less than 20 percent of residents of each structure under a housing assistance payments contract, and will be required on the next inspection, and ongoing for each inspection until the property receives a score that is more than 80/100. (2) For properties receiving a uniform physical condition standards inspection score of not more than 59/100, tenant surveys shall be made available for 100 percent of tenants of each structure covered under a housing assistance payments contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure. (3) The tenant surveys shall be reviewed by the Performance Based Contract Administrator and included as graded factors in uniform physical condition standards inspections, with priority provided for health and safety deficiencies. SEC. 7. CONTACT INFORMATION. Each owner of a property receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) shall, on an annual basis, provide to tenants contact information for the applicable-- (1) regional office of the Department; (2) local field office of the Department; (3) public housing agency, as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and (4) Performance Based Contract Administrator. SEC. 8. REPORT. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) examines the capital reserves of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) with a uniform physical condition standards inspection score of 59/100 or below, including the use of funds derived from the housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure, and the remediation of health and safety issues outlined in uniform physical condition standards inspections, demands for corrective actions, and notices of default; (2) includes a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that has received a demand for corrective action from the Department but has not complied with compliance or remediation requirements; (3) a list of each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that has not received a uniform physical condition standards inspection according to the applicable timeline requirements under section 200.857(b) of title 24, Code of Federal Regulations (or any successor regulation) during the 5-year period preceding the date of the report, and a detailed explanation for why each such structure was not inspected in according to the applicable timelines; (4) a detailed list of all crimes of violence (as defined in section 16 of title 18, United States Code) that have taken place at each structure under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) during the 5-year period preceding the date of the report, and recommendations for improving safety and precautionary security efforts to keep tenants safe from crimes of violence; and (5) a detailed list of programmatic recommendations regarding assistance provided under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), including-- (A) improving health, sanitation, and safety conditions; (B) physical rehabilitation of properties for long- term sustainability; and (C) improving enforcement mechanisms on both property owners and contracted managers to remediate deficiencies. <all>

HUD Health and Safety Accountability Act

A bill to require the Secretary of Housing and Urban Development to reform policies and issue guidance related to health and safety accountability, and for other purposes.

HUD Health and Safety Accountability Act

Sen. Rubio, Marco

R

FL

H.R.6458

Armed Forces and National Security

This bill removes the requirement that an individual transferring a Post-9/11 GI Bill educational assistance entitlement must specify the period for which the transfer must be effective for each dependent who is designated to receive the transfer.

To amend title 38, United States Code, to eliminate the requirement to specify an effective period of a transfer of Post-9/11 educational assistance to a dependent. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ELIMINATION OF REQUIREMENT TO SPECIFY AN EFFECTIVE PERIOD OF A TRANSFER OF POST-9/11 EDUCATIONAL ASSISTANCE TO A DEPENDENT. Section 3319(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by adding ``and'' after the semicolon; (2) in paragraph (2), by striking ``; and'' and inserting a period; and (3) by striking paragraph (3). <all>

To amend title 38, United States Code, to eliminate the requirement to specify an effective period of a transfer of Post-9/11 educational assistance to a dependent.

To amend title 38, United States Code, to eliminate the requirement to specify an effective period of a transfer of Post-9/11 educational assistance to a dependent.

Official Titles - House of Representatives Official Title as Introduced To amend title 38, United States Code, to eliminate the requirement to specify an effective period of a transfer of Post-9/11 educational assistance to a dependent.

Rep. Murphy, Gregory

R

NC

H.R.4960

Energy

Preserving Existing Nuclear Energy Generation Act This bill requires the Department of Energy to establish (1) a program to evaluate nuclear reactors that are projected to cease operations due to economic factors and to allocate financial credits to certain reactors, and (2) a grant program to assist communities with revenue shortfalls due to closures of nuclear power plants.

To direct the Secretary of Energy to establish a civil nuclear credit program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Preserving Existing Nuclear Energy Generation Act''. (b) Definitions.--In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (2) Commission.--The term ``Commission'' means the Nuclear Regulatory Commission. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 2. CIVIL NUCLEAR CREDIT PROGRAM. (a) Definitions.--In this section: (1) Certified nuclear reactor.--The term ``certified nuclear reactor'' means a nuclear reactor that-- (A) competes in a competitive electricity market; and (B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d). (2) Credit.--The term ``credit'' means a credit allocated to a certified nuclear reactor under subsection (e)(2). (b) Establishment of Program.--The Secretary shall establish a civil nuclear credit program-- (1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and (2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection. (c) Certification.-- (1) Application.-- (A) In general.--In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including-- (i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including-- (I) the average projected annual operating loss in dollars per megawatt- hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated; (II) any private or publicly available data with respect to current or projected bulk power market prices; (III) out-of-market revenue streams; (IV) operations and maintenance costs; (V) capital costs, including fuel; and (VI) operational and market risks; (ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations; (iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and (iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated-- (I) without receiving additional credits; or (II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period. (B) Timeline.--The Secretary shall accept applications described in subparagraph (A)-- (i) until the date that is 120 days after the date of enactment of this Act; and (ii) not less frequently than every year thereafter. (C) Payments from state programs.-- (i) In general.--The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on the date of enactment of this Act. (ii) Requirement.--An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments. (2) Determination to certify.-- (A) Determination.-- (i) In general.--Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph. (ii) Minimum requirements.--To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if-- (I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors; (II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and (III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor-- (aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations)) of the nuclear reactor; and (bb) poses no significant safety hazards. (iii) Priority.--In determining whether to certify a nuclear reactor under clause (i), the Secretary shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States. (B) Notice.--For each application received under paragraph (1)(A), the Secretary shall provide to the applicable owner or operator, as applicable-- (i) a notice of the certification of the applicable nuclear reactor; or (ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied. (d) Bidding Process.-- (1) In general.--Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that-- (A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and (B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt- hours of generation during the 4-year period for which credits would be allocated. (2) Requirement.--The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection. (e) Allocation.-- (1) Auction.--Notwithstanding section 169 of the Atomic Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall-- (A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and (B) select certified nuclear reactors to be allocated credits. (2) Credits.--Subject to subsection (f)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection. (3) Requirement.--To the maximum extent practicable, the Secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible. (f) Renewal.-- (1) In general.--The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section. (2) Limitation.--Notwithstanding any other provision of this section, the Secretary may not allocate any credits after September 30, 2031. (g) Additional Requirements.-- (1) Audit.--During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor. (2) Recapture.--The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)-- (A) terminates operations; or (B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor. (3) Confidentiality.--The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. (h) Report.--Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include-- (1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability; (2) a quantification of the ratepayer savings achieved under this section; and (3) any recommendations to renew or expand the credits. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026. SEC. 3. NUCLEAR CLOSURE COMMUNITIES. (a) Definitions.--In this section: (1) Community advisory board.--The term ``community advisory board'' means a community committee or other advisory organization that aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. (2) Decommission.--The term ``decommission'' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (3) Eligible recipient.--The term ``eligible recipient'' has the meaning given the term in section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122). (4) Licensee.--The term ``licensee'' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (5) Nuclear closure community.--The term ``nuclear closure community'' means a unit of local government, including a county, city, town, village, school district, or special district that has been impacted, or reasonably demonstrates to the satisfaction of the Secretary of Commerce, that it will be impacted, by a nuclear power plant licensed by the Commission that has ceased operation or has provided a written notification to the Commission that it will cease operations as of the date of enactment of this Act. (b) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall establish a grant program to provide grants to eligible recipients-- (1) to provide financial assistance to local governments who have experienced, or are anticipating, major revenue shortfalls due to the closure, or announced closure, of a nuclear power plant; (2) to assist with economic development in nuclear closure communities; and (3) to fund community advisory boards in nuclear closure communities. (c) Requirement.--In carrying out this section, to the maximum extent practicable, the Secretary of Commerce shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act (Public Law 115-439; 132 Stat. 5577) entitled ``Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants''. (d) Distribution of Funds.--The Secretary of Commerce shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this section. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of Commerce-- (A) to carry out subsection (b)(1), $30,000,000 for each of fiscal years 2022 through 2027; (B) to carry out subsection (b)(2), $30,000,000 for each of fiscal years 2022 through 2027; and (C) to carry out subsection (b)(3), $5,000,000 for each of fiscal years 2022 through 2024. (2) Availability.--Amounts made available under this section shall remain available for a period of 5 years beginning on the date on which the amounts are made available. (3) No offset.--None of the funds made available under this section may be used to offset the funding for any other Federal program. SEC. 4. REPORT ON LESSONS LEARNED DURING THE COVID-19 PUBLIC HEALTH EMERGENCY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19. (b) Contents.--The report under subsection (a) shall include-- (1) an identification of the processes, procedures, and other regulatory policies that were revised or temporarily suspended during the public health emergency described in subsection (a); (2) a review of actions, if any, taken by the Commission that examines how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under paragraph (1) may or may not have compromised the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment; (3) a description of any process efficiencies or challenges that resulted from the matters identified under paragraph (1); (4) a discussion of lessons learned from the matters described in paragraphs (1), (2), and (3); (5) a list of actions that the Commission may take to incorporate into the licensing activities and regulations of the Commission, without compromising the mission of the Commission-- (A) the lessons described in paragraph (4); and (B) the information provided under paragraphs (2) and (3); and (6) a description of when the actions described in paragraph (5) may be implemented. <all>

Preserving Existing Nuclear Energy Generation Act

To direct the Secretary of Energy to establish a civil nuclear credit program, and for other purposes.

Preserving Existing Nuclear Energy Generation Act

Rep. Kinzinger, Adam

R

IL

S.3438

Public Lands and Natural Resources

National Service Animals Memorial Act This bill authorizes the National Service Animals Monument Corporation to establish a commemorative work on federal land in the District of Columbia to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. The corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work. The establishment of the commemorative work shall be in accordance with the Commemorative Works Act. Federal funds may not be used to pay any expenses for the establishment of the commemorative work.

To authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Service Animals Memorial Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the mission of the National Service Animals Monument Corporation is to honor and recognize the broad scope of service animals, including working animals, through the establishment of a memorial to educate the public about the contributions made by service animals and the human-animal bond between service animals and the handlers of the service animals, regardless of whether the handler is an individual with a disability, a law enforcement officer, military personnel, or any other individual; (2) in 1929, formalized service animal work began when the Eustice School in New Jersey established the first guide-dog school; (3) the purple poppy is the international symbol for the service and sacrifice of service animals; (4) on February 24 of each year, National Service Animals Day is celebrated in the United States and throughout the world; (5) service and working animals, such as dogs, horses, homing pigeons, donkeys, mules, dolphins, sea lions, and other animals, have worked alongside and supported humans throughout history and have created strong human-animal bonds, including when-- (A) during the Revolutionary War, horses served in combat carrying soldiers and transporting the wounded and critical supplies; (B) during World War I and World War II-- (i) homing pigeons served as critical messengers with tiny message capsules attached to the legs of the pigeons that were used to send communications that saved the lives of countless soldiers, resulting in many pigeons becoming the target of enemy fire; and (ii) donkeys and mules transported food, supplies, and wounded servicemembers; and (C) during the war in Afghanistan-- (i) military working dogs safeguarded the lives of thousands of servicemembers by clearing areas of improvised explosion devices; and (ii) as 1 example, Lucca, a German Shepherd-Belgian Malinois service dog-- (I) was employed by the United States Marine Corps for 6 years; (II) was trained to detect explosives; (III) deployed twice to Iraq and once to Afghanistan; (IV) supported over 400 missions without a single human fatality; and (V) sustained an injury and amputation in 2012 due to an improvised explosive device while on patrol in Afghanistan; (6) the bonds formed between law enforcement and military personnel and working dogs are so strong that the personnel and dogs have willingly risked their lives to save each other; (7) the tasks that service dogs perform for individuals with disabilities are essential activities of daily living, such as-- (A) guiding individuals with visual impairments; (B) signaling sounds for individuals who are deaf; (C) retrieving items for individuals with mobility issues; (D) alerting the individuals about impending cardiac episodes or seizures; (E) turning on lights for the individuals; (F) providing stability for the individuals while the individuals are standing; and (G) pressing elevator and accessibility buttons for the individuals; (8) in addition to the help of service animals with functional tasks and missions, the human-animal bond provides handlers the ability to-- (A) live independently; (B) work confidently; and (C) socialize freely; (9) shelter dogs can be trained as service animals; (10) service animals, such as horses and dogs, support-- (A) a variety of health and therapy services, including for individuals with autism, schizophrenia, depression, anxiety, and bipolar disorder; and (B) servicemembers and veterans who experience traumatic brain injury and post-traumatic stress disorder; (11) search and rescue dogs working with civilian or law enforcement handlers make communities in the United States and the United States overall safer when assisting with the rescue of lost children, seniors, and other at-risk individuals, including in the event of natural or manmade disasters, such as the support by service animals of-- (A) search and rescue missions after terrorist attacks, including the Oklahoma City bombing on April 19, 1995, and the terrorist attack on September 11, 2001; and (B) local search and rescue missions involving lost children, such as-- (i) the service dog Mercy, a bloodhound with the Lee County, Florida, Sheriff's department, who tracked a 12-year-old girl for more than half a mile through thick woods after the girl went missing during Tropical Storm Elsa in July 2021; and (ii) the service dog Gandalf, trained by the South Carolina Search and Rescue Dog Association, who found a 12-year-old boy who had vanished from a campsite in the Blue Ridge Mountains in North Carolina in March 2019; (12) the extraordinary abilities of service animals, including smell, sensing, hearing, eyesight, and empathy, make the service animals uniquely capable of helping humans, including by-- (A) assisting with the identification of illegal drugs; (B) detecting an impending seizure; (C) hearing an individual buried beneath rubble; or (D) seeing an expensive or vital tool dropped by a naval diver; (13) service animals provide well-documented value to human health, safety, and security; and (14) the National Service Animals Memorial will represent a place of pride, introspection, and education to pay tribute to the contributions and sacrifices made by all service animals and the handlers of service animals throughout history. SEC. 3. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Service Animals Monument Corporation (referred to in this section as the ``Corporation'') may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of the national service animals monument corporation.--The Corporation shall be solely responsible for the acceptance of contributions for, and the payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If, on payment of all expenses for the establishment of the commemorative work under this section (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Corporation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority.--If, on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Corporation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under paragraph (2) or (3) of section 8906(b) of that title. <all>

National Service Animals Memorial Act

A bill to authorize the National Service Animals Monument Corporation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

National Service Animals Memorial Act

Sen. Blumenthal, Richard

D

CT

S.4722

Taxation

American Dream Down Payment Act of 2022 This bill establishes qualified down payment savings programs that allow taxpayers to establish tax-free accounts to save for down payments, including closing costs, on a principal residence. The Department of the Treasury, in coordination with the Securities and Exchange Commission, must report on matters relating to such accounts, including the number of states that have established down payment savings programs and information about beneficiaries of such programs.

To amend the Internal Revenue Code of 1986 to establish qualified down payment savings programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Down Payment Act of 2022''. SEC. 2. QUALIFIED DOWN PAYMENT SAVINGS PROGRAMS. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: ``SEC. 529B. QUALIFIED DOWN PAYMENT SAVINGS PROGRAMS. ``(a) In General.--A qualified down payment savings program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Qualified Down Payment Savings Program.--For purposes of this section-- ``(1) In general.--The term `qualified down payment savings program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person may make contributions to a qualified down payment savings account which is established for the purpose of meeting qualified down payment expenses of the designated beneficiary of the account, and ``(B) which meets the other requirements of this subsection. ``(2) Cash contributions.-- ``(A) In general.--A program shall not be treated as a qualified down payment savings program unless it provides that no contribution will be accepted-- ``(i) unless it is in cash, and ``(ii) except in the case of contributions under subsection (c)(3)(C), if such contribution to a qualified down payment savings account would result in the balance of such account exceeding $129,440. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any calendar year beginning after 2022, the $129,440 amount in subparagraph (A)(ii) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under clause (ii). ``(ii) Cost-of-living adjustment.--For purposes of clause (i), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(I) the CPI for the preceding calendar year, exceeds ``(II) the CPI for calendar year 2021. For purposes of this clause, the CPI for any calendar year shall be determined in the same manner as it is determined under section 1(f)(4). ``(iii) Rounding.--If any increase determined under clause (i) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(3) Separate accounting.--A program shall not be treated as a qualified down payment savings program unless it provides separate accounting for each designated beneficiary. ``(4) Investment direction.--A program shall not be treated as a qualified down payment savings program unless it provides that-- ``(A) except as provided in subparagraph (B), any contributor to, or designated beneficiary under, such program may, directly or indirectly, direct the investment of any contributions to the program (or any earnings thereon) no more than 2 times in any calendar year and subject to the regulations established pursuant to this section, and ``(B) in the event that an account's holdings meet the value established under paragraph (2)(B), the account funds will be transferred to investments in United States Treasury securities. ``(5) No pledging of interest as a security.--A program shall not be treated as a qualified down payment savings program if it allows any interest in the program or any portion thereof to be used as security for a loan. ``(6) Compliance with regulations.--A program shall not be treated as a qualified down payment savings program unless it complies with all regulations issued pursuant to subsection (f). ``(c) Tax Treatment of Designated Beneficiaries and Contributors.-- ``(1) In general.--Except as otherwise provided in this subsection, no amount shall be includible in gross income of-- ``(A) a designated beneficiary under a qualified down payment savings program, or ``(B) a contributor to such program on behalf of a designated beneficiary, with respect to any distribution or earnings under such program. ``(2) Gift tax treatment of contributions.--For purposes of chapters 12 and 13-- ``(A) In general.--Any contribution to a qualified down payment savings program on behalf of any designated beneficiary shall be treated as a completed gift to such beneficiary which is not a future interest in property. ``(B) Treatment of excess contributions.--If the aggregate amount of contributions described in subparagraph (A) during the calendar year by a donor exceeds the limitation for such year under section 2503(b), such aggregate amount shall, at the election of the donor, be taken into account for purposes of such section ratably over the 5-year period beginning with such calendar year. ``(3) Distributions.-- ``(A) In general.--Any distribution under a qualified down payment savings program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. ``(B) Distributions for qualified down payment expenses.--For purposes of this paragraph, if distributions from a qualified down payment savings program-- ``(i) do not exceed the qualified down payment expenses, no amount shall be includible in gross income, and ``(ii) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(C) Rollovers.-- ``(i) In general.--Subparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred to another qualified down payment savings account for the benefit of the designated beneficiary. ``(ii) Limitation on certain rollovers.-- Clause (i) shall not apply to any transfer if such transfer occurs within 12 months from the date of a previous transfer to any qualified down payment savings account for the benefit of the designated beneficiary. ``(4) Estate tax treatment.-- ``(A) In general.--No amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a qualified down payment savings program. ``(B) Amounts includible in estate of designated beneficiary in certain cases.--Subparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. ``(C) Amounts includible in estate of donor making excess contributions.--In the case of a donor who makes the election described in paragraph (2)(B) and who dies before the close of the 5-year period referred to in such paragraph, notwithstanding subparagraph (A), the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor. ``(5) Other gift tax rules.--For purposes of chapters 12 and 13, in no event shall a distribution from a qualified down payment savings account be treated as a taxable gift. ``(6) Additional tax.-- ``(A) In general.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a distribution from a qualified down payment savings program which is includible in gross income shall be increased by 10 percent of the amount which is so includible. ``(B) Exceptions.--Subparagraph (A) shall not apply if the payment or distribution is-- ``(i) made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary, or ``(ii) attributable to the designated beneficiary's being disabled (within the meaning of section 72(m)(7)). ``(C) Contributions returned before certain date.-- Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of the designated beneficiary if-- ``(i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such designated beneficiary's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. ``(d) Reports.--Each officer or employee having control of the qualified down payment savings program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Designated beneficiary.--The term `designated beneficiary' means the individual designated at the commencement of participation in the qualified down payment savings program as the beneficiary of amounts paid (or to be paid) to the program. ``(2) Qualified down payment expenses.--The term `qualified down payment expenses' means amounts (including closing costs) paid or incurred to purchase a principal residence (within the meaning of section 121). ``(3) Qualified down payment savings account.--The term `qualified down payment savings account' means an account maintained under a qualified down payment savings program. ``(f) Regulations.--Notwithstanding any other provision of this section, the Secretary, in consultation with the Chairman of the Securities and Exchange Commission, shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes. Such regulations shall include-- ``(1) impermissible investments for qualified down payment savings programs; ``(2) permissible fees, including the maximum amount of overall fees and commissions, that may be charged in association with a qualified down payment savings program account; and ``(3) minimum required disclosures to account beneficiaries, including disclosures related to any possible losses that could be incurred in a qualified down payment savings account.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (5), by inserting ``or'' at the end of paragraph (6), and by inserting after paragraph (6) the following new paragraph: ``(7) a qualified down payment savings account (within the meaning of section 529B),''. (2) Excess contribution.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(i) Excess Contributions to Qualified Down Payment Savings Accounts.--For purposes of this section-- ``(1) In general.--In the case of a qualified down payment savings account (within the meaning of section 529B), the term `excess contributions' means the amount by which the amount contributed for the taxable year to such account (other than contributions under section 529B(c)(3)(C)) exceeds the contribution limit under section 529B(b)(2)(B). ``(2) Special rule.--For purposes of this subsection, any contribution which is distributed out of the qualified down payment savings account in a distribution to which section 529B(c)(6)(C) applies shall be treated as an amount not contributed.''. (c) Penalty for Failure To File Reports.--Section 6693(a)(2) is amended by striking ``and'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following: ``(E) section 529B(d) (relating to qualified down payment savings programs), and''. (d) Other Conforming Amendments.-- (1) Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (Y), by striking the period at the end of subparagraph (Z) and inserting ``, and'', and by inserting after subparagraph (Y) the following: ``(AA) section 529B(c)(6) (relating to additional tax on qualified down payment savings program distributions not used for qualified down payment expenses).''. (2) Section 877A of such Code is amended-- (A) in subsection (e)(2) by inserting ``a qualified down payment savings program (as defined in section 529B),'' after ``a qualified ABLE program (as defined in section 529A),'', and (B) in subsection (g)(6) by inserting ``529B(c)(6),'' after ``529A(c)(3),''. (3) Section 4965(c) of such Code is amended by striking ``or'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, or'', and by inserting after paragraph (8) the following new paragraph: ``(9) a program described in section 529B.''. (4) The table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by inserting after the item relating to section 529A the following new item: ``Sec. 529B. Qualified down payment savings programs.''. (e) Reports on Down Payment Savings Programs.--Beginning on that date that is 12 months after the regulations established pursuant to section 529B(f) are finalized, and every two years thereafter, the Secretary of the Treasury (or the Secretary's delegate), in coordination with the Chairman of the Securities and Exchange Commission and the States offering qualified down payment savings programs, shall issue a public report detailing the following: (1) The number of States that have established qualified down payment savings programs. (2) The number of down payment savings program accounts in existence during the time specified in the report and the number of such accounts that have been established over the life of the program. (3) The age distribution of down payment savings account beneficiaries. (4) The percentage of qualified down payment savings account beneficiaries that would be first-time homebuyers. (5) A summary of the account balances held in qualified down payment savings program accounts. (6) The race and gender distribution of qualified down payment savings program account designated beneficiaries. (7) The income distribution of the designated beneficiaries of qualified down payment savings program accounts. (8) The number of down payment savings program distributions that have been made since the previous report. (9) Such other information as the Secretary (or the Secretary's designee) shall determine is required to assess whether qualified down payment savings accounts have contributed to facilitating access to affordable homeownership, including first-time homeownership, particularly among young people, low- and moderate-income people, and people from communities with historically low rates of homeownership. (f) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (2) Regulations.--The Secretary of the Treasury (or the Secretary's designee) shall promulgate the regulations or other guidance required under section 529B(f) of the Internal Revenue Code of 1986, as added by subsection (a), not later than 6 months after the date of the enactment of this Act. <all>

American Dream Down Payment Act of 2022

A bill to amend the Internal Revenue Code of 1986 to establish qualified down payment savings programs.

American Dream Down Payment Act of 2022

Sen. Warnock, Raphael G.

D

GA

H.R.210

Science, Technology, Communications

Rural STEM Education Research Act This bill specifies federal scientific research and development efforts towards STEM (science, technology, engineering, and mathematics, including computer science) workforce development and rural STEM education. (Sec. 3) The bill amends the objectives of the Manufacturing Extension Partnership program to include The activities of a manufacturing extension center are expanded to include local high schools in the facilitation of collaborations and partnerships between manufacturing companies and schools to help those entities better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in school programs. The National Institute of Standards and Technology (NIST) must award prizes to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. NIST may award not more than a total of $5 million in prizes. (Sec. 4) The Office of Science and Technology Policy must establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. (Sec. 5) The National Science Foundation (NSF) shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences agrees to evaluate aspects of STEM education and workforce development in rural areas. (Sec. 6) The Government Accountability Office shall conduct a study on the engagement of rural populations in federal STEM programs. (Sec. 7) Experimental Program to Stimulate Competitive Research (EPSCoR) programs shall consider modifications to award structures to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students and teachers. (Sec. 8) The NSF must award grants to institutions of higher education or nonprofit organizations for (1) research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools, (2) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education, (3) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies, and (4) research on online STEM education courses for rural communities. The NSF may establish a pilot program of regional cohorts in rural areas to provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12 in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry.

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural STEM Education Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (2) According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade. (3) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. (5) According to the National Center for Education Statistics, nine million students in the United States--nearly 20 percent of the total K-12 population--attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation's urban and suburban schools. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (7) The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, math, geology, computer science, and other scientific fields. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. To help meet this demand, it is important rural students have the opportunity to acquire computing skills through exposure to computer science learning in grades Pre-K through 12 and in informal learning settings. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States. SEC. 3. NIST ENGAGEMENT WITH RURAL COMMUNITIES. (a) MEP Outreach.--Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended-- (1) in subsection (c)-- (A) in paragraph (6), by striking ``community colleges and area career and technical education schools'' and inserting the following: ``secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (b) Rural Connectivity Prize Competition.-- (1) Prize competition.--Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the ``Secretary''), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. (2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. SEC. 4. NITR-D BROADBAND WORKING GROUP. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following: ``SEC. 103. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. ``(a) In General.--The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. ``(b) Activities.--The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including-- ``(1) promising research areas; ``(2) requirements for data collection and sharing; ``(3) opportunities for better alignment and coordination across Federal agencies and external stakeholders; and ``(4) input on the development of new Federal policies and programs to enhance data collection and research. ``(c) Coordination.--The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 (Public Law 115-334) and the National Institute of Food and Agriculture of the Department of Agriculture. ``(d) Report.--The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). ``(e) Sunset.--The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act.''. SEC. 5. NATIONAL ACADEMY OF SCIENCES EVALUATION. (a) Study.--Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that-- (1) evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in grades Pre-K through 12 and workforce development in rural areas; (2) assesses the impact of the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in grades Pre-K through 12 in rural areas; (3) assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; and (4) makes recommendations for action at the Federal, State, and local levels for improving STEM education for students in grades Pre-K through 12 and workforce development in rural areas. (b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. SEC. 6. GAO REVIEW. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes-- (1) an assessment of how Federal STEM education programs are serving rural populations; (2) a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas; (3) an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and (4) an assessment of challenges that state and Federal STEM education programs face in reaching rural population centers. SEC. 7. CAPACITY BUILDING THROUGH EPSCOR. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. SEC. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (a) Preparing Rural STEM Educators.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. (b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach; (iv) improving the National Science Foundation's Advanced Technology Education program's coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the cooperative research and extension services of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in grades Pre-K through 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and (x) any other activity the Director determines will accomplish the goals of this subsection. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following: (1) A description of the target population to be served by the research activity or activities for which such grant is sought. (2) A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) Partnerships.--In awarding grants under subsection (a) or (b), the Director shall-- (1) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in grades Pre-K through 12 in STEM; (2) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts; and (3) encourage applications which, for the purpose of the activity or activities funded through the grant, include commitments from school principals and administrators to making reforms and activities proposed by the applicant a priority. (e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (g) Report by Committee on Equal Opportunities in Science and Engineering.-- (1) In general.--As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include-- (A) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and (B) an assessment of trends in participation of rural students in grades Pre-K through 12 in Foundation activities, and an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goals of this Act. (2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026. SEC. 9. RESEARCHING OPPORTUNITIES FOR ONLINE EDUCATION. (a) In General.--The Director shall, subject to appropriations, award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research Areas.--The research areas eligible for funding under this subsection shall include-- (1) evaluating the learning and achievement of rural students in grades Pre-K through 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in grades Pre-K through 12; (3) combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this subsection. (c) Evaluations.--All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 10. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) STEM.--The term ``STEM'' has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note). (6) STEM education.--The term ``STEM education'' has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Rural STEM Education Research Act

To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes.

Rural STEM Education Research Act Rural STEM Education Research Act Rural STEM Education Research Act

Rep. Lucas, Frank D.

R

OK

H.R.3467

Health

Improving Data Collection for Adverse Childhood Experiences Act This bill authorizes the Centers for Disease Control and Prevention (CDC) to collect data, in cooperation with states, through relevant public health surveillance systems or surveys for a longitudinal study on the links between adverse childhood experiences and negative outcomes. In addition, the CDC may provide, directly or through grants or other agreements with public or nonprofit entities, technical assistance related to this data collection.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. (b) Findings.--Congress finds the following: (1) Certain negative events, circumstances, or maltreatment to which children may be exposed, known as adverse childhood experiences, are associated with negative health outcomes. (2) Childhood psychological, physical, or sexual abuse; household challenges such as violence, substance use, mental illness, separation or divorce, or incarceration of a family member; and emotional or physical neglect have been shown to negatively impact a person's long-term health and well-being. (3) Adverse childhood experiences and associated conditions such as living in under-resourced or racially segregated neighborhoods, frequently moving, experiencing food insecurity, and other instability can cause toxic stress, a prolonged activation of the stress-response system. (4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. (5) More than half of all Americans have experienced one or more adverse childhood experiences. (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention. (7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. (8) Evidence-based prevention and mitigation strategies to address adverse childhood experiences have been identified, but efforts are needed to facilitate implementation in communities. SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393D (42 U.S.C. 280b-1f) the following: ``SEC. 393E. SUPPORTING RESEARCH ON PREVENTING OR REMEDIATING ADVERSE CHILDHOOD EXPERIENCES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, in cooperation with the States, collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or other relevant public health surveys or questionnaires to contribute to a longitudinal study that-- ``(1) builds on previous literature, including the seminal CDC-Kaiser Permanente Adverse Childhood Experiences (ACE) Study, on the biology and neuroscience of childhood adversity that establishes the links between adverse childhood experiences and negative outcomes; and ``(2) focuses on elements not included in the study referred to in paragraph (1), including-- ``(A) the inclusion of a diverse nationally representative sample of participants; ``(B) the strength of the relationship between individual, specific adverse childhood experiences and negative health outcomes; ``(C) the intensity and frequency of adverse childhood experiences; ``(D) the relative strength of particular risk and protective factors; and ``(E) the effect of social, economic, and community conditions on health and well-being. ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027.''. <all>

Improving Data Collection for Adverse Childhood Experiences Act

To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences.

Improving Data Collection for Adverse Childhood Experiences Act

Rep. McBath, Lucy

D

GA

H.R.6101

Health

Drug Price Transparency in Medicaid Act of 2021 This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions, dispensing fees, and survey participation to be made publicly available.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Price Transparency in Medicaid Act of 2021''. SEC. 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. (a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)) is amended by adding at the end the following: ``(6) Pass-through pricing required.--A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a `PBM'), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which-- ``(A) any payment made by the entity or the PBM (as applicable) for such a drug-- ``(i) is limited to-- ``(I) ingredient cost; and ``(II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; ``(ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and ``(iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; ``(B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; ``(C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and ``(D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post- sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title. ``(7) Protection against mandates relating to use of 340b drugs.-- ``(A) In general.--Notwithstanding any other provision of law, no State, Medicaid managed care organization (as defined in section 1903(m)(1)(A)), or pharmacy benefit manager may prohibit a covered entity under section 340B of the Public Health Service Act, or a pharmacy under contract with a covered entity to dispense drugs on behalf of the covered entity, from dispensing covered outpatient drugs purchased under such section to individuals receiving benefits under this title and from receiving payment in accordance with this section, or require that such covered entity or pharmacy dispense covered outpatient drugs purchased under section 340B to such individuals. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. (3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. 1396r-8(f)) is amended-- (A) by striking ``and'' after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through ``(1)'' and inserting the following: ``(1) Determining pharmacy actual acquisition costs.--The Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: ``(A) Use of vendor.--The Secretary may contract services for-- ``(i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies, net of all discounts and rebates (to the extent any information with respect to such discounts and rebates is available); and''; (B) by adding at the end of paragraph (1) the following: ``(F) Survey reporting.--In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(ii) The sampling frame and number of pharmacies sampled monthly. ``(iii) Characteristics of reporting pharmacies, including type (such as independent or chain), geographic or regional location, and dispensing volume. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined.''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. <all>

Drug Price Transparency in Medicaid Act of 2021

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program.

Drug Price Transparency in Medicaid Act of 2021

Rep. Carter, Earl L. "Buddy"

R

GA

S.2064

Energy

Clean Energy Victory Bond Act of 2021 This bill directs the Department of the Treasury to issue Clean Energy Victory Bonds for investment in clean energy projects at the federal, state, and local level.

To direct the Secretary of the Treasury to issue Clean Energy Victory Bonds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Victory Bond Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Potential exists for increasing clean and renewable energy production and energy efficiency installation in the United States. (2) Other nations, including China and Germany, are ahead of the United States in manufacturing and deploying various clean energy technologies, even though many of these technologies were invented in the United States. (3) Climate change represents an existential threat to the safety, security, and economy of the United States. Rapid and robust deployment of clean energy will reduce greenhouse gas emissions and mitigate the effects of climate change on American society. (4) Many segments of the American public want to take charge of efforts to combat the effects of climate change and practice responsible consumer behavior. (5) The Office of Energy Efficiency and Renewable Energy of the Department of Energy (referred to in this section as the ``EERE'') estimates that taxpayer investment of $12,000,000,000 into the EERE research and development portfolio has already yielded an estimated net economic benefit to the United States of more than $230,000,000,000, with an overall annual return on investment of more than 20 percent. (6) Investments in renewable energy and energy efficiency projects in the United States create green jobs throughout the Nation. New and innovative jobs could be created through expanded government support for clean energy and energy efficiency. (7) As Americans choose energy efficiency and clean energy and transportation, it reduces our dependence on foreign oil and improves our energy security. (8) Bonds are a low-cost method for encouraging clean energy, as they do not require direct budget allocations or expenditures. The projects supported through Clean Energy Victory Bonds will create jobs and business revenues that will increase Federal tax revenues, while simultaneously reducing nationwide health and environmental costs incurred by the Federal Government. (9) Bonds are voluntary measures that allow Americans to contribute financially in whatever amount is available to them. (10) During World War II, over 80 percent of American households purchased Victory Bonds to support the war effort, raising over $185,000,000,000, or over $2,000,000,000,000 in today's dollars. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Clean energy project.--The term ``clean energy project'' means a technology that provides-- (A) performance-based energy efficiency improvements; or (B) clean energy improvements, including-- (i) electricity generated from solar, wind, geothermal, small-scale hydropower, and hydrokinetic energy sources; (ii) fuel cells using non-fossil fuel sources; (iii) advanced storage technologies; and (iv) electric vehicle infrastructure. (2) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. SEC. 4. CLEAN ENERGY VICTORY BONDS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Energy and the Secretary of Defense, shall issue bonds to be known as ``Clean Energy Victory Bonds'', the proceeds from which shall be used to carry out the purposes described in subsection (c) of section 9512 of the Internal Revenue Code of 1986 (as added by section 5). (b) Savings Bond.--Any Clean Energy Victory Bond issued under this section shall be issued by the Secretary-- (1) as a savings bond of series EE, or as administered by the Bureau of the Fiscal Service of the Department of the Treasury, in a manner consistent with the provisions of section 3105 of title 31, United States Code; and (2) in denominations of $25 and such other amounts as are determined appropriate by the Secretary, and shall mature within such periods as determined by the Secretary. (c) Amount of Clean Energy Victory Bonds.--The aggregate face amount of the Clean Energy Victory Bonds issued annually under this section shall be not greater than $50,000,000,000. (d) Interest.--Clean Energy Victory Bonds shall bear interest at the rate the Secretary sets for Savings Bonds of Series EE and Series I, plus a rate of return determined by the Secretary which is based on the valuation of-- (1) savings achieved through reduced energy spending by the Federal Government resulting from clean energy projects funded from the proceeds of such bonds; and (2) interest collected on loans financed or guaranteed from the proceeds of such bonds. (e) Full Faith and Credit.--Payment of interest and principal with respect to any Clean Energy Victory Bond issued under this section shall be made from the general fund of the Treasury of the United States and shall be backed by the full faith and credit of the United States. (f) Promotion.-- (1) In general.--The Secretary shall take such actions, independently and in conjunction with financial institutions offering Clean Energy Victory Bonds, to promote the purchase of Clean Energy Victory Bonds, including campaigns describing the financial and social benefits of purchasing Clean Energy Victory Bonds. (2) Promotional activities.--For purposes of paragraph (1), promotional activities may include advertisements, pamphlets, or other promotional materials-- (A) in periodicals; (B) on billboards and other outdoor venues; (C) on television; (D) on radio; (E) on the internet; (F) within financial institutions; or (G) any other venues or outlets the Secretary may identify. SEC. 5. CLEAN ENERGY VICTORY BONDS TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. CLEAN ENERGY VICTORY BONDS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Clean Energy Victory Bonds Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Trust Fund-- ``(1) amounts equivalent to revenue from the issuance of Clean Energy Victory Bonds under section 4 of the Clean Energy Victory Bond Act of 2021, and ``(2) any gifts or bequests made to the Trust Fund which are accepted by the Secretary for the benefit of such Fund or any activity financed through such Fund. ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, without further appropriation, to finance clean energy projects (as defined in section 3 of the Clean Energy Victory Bond Act of 2021) at the Federal, State, and local level, which may include-- ``(1) providing additional support to existing Federal financing programs available to States for energy efficiency upgrades and clean energy deployment, ``(2) providing funding for clean energy investments by all Federal agencies, ``(3) providing funding for electric grid enhancements and connections that enable clean energy deployment, ``(4) providing funding to renovate existing inefficient buildings or building new energy efficient buildings, ``(5) providing tax incentives and tax credits for clean energy technologies, ``(6) providing funding for new innovation research, including ARPA-E, public competitions similar to those designed by the X Prize Foundation, grants provided through the Office of Energy Efficiency and Renewable Energy of the Department of Energy, or other mechanisms to fund revolutionary clean energy technology, ``(7) providing additional support to existing Federal, State, and local grant programs that finance clean energy projects, and ``(8) providing funding for zero-emission vehicle infrastructure and manufacturing. ``(d) Project Priority.-- ``(1) In general.--The Secretary shall ensure that not less than 40 percent of the amounts expended under subsection (c) in each year are expended for clean energy projects which are located in and reduce energy rates in disadvantaged and vulnerable communities. ``(2) Disadvantaged and vulnerable communities.--For purposes of paragraph (1), the term `disadvantaged and vulnerable communities' means communities-- ``(A) which bear disproportionate burdens of negative public health effects, environmental pollution, or impacts of climate change, ``(B) have significant representation of people of color, low-wealth individuals, or Tribal and Indigenous members, or ``(C) which have a high concentration of low- and moderate-income households as compared to other communities, as determined by the Secretary.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Clean Energy Victory Bonds Trust Fund.''. <all>

Clean Energy Victory Bond Act of 2021

A bill to direct the Secretary of the Treasury to issue Clean Energy Victory Bonds.

Clean Energy Victory Bond Act of 2021

Sen. Merkley, Jeff

D

OR

S.1343

Finance and Financial Sector

Consumer Credit Control Act of 2021 This bill requires a consumer's affirmative informed consent before a consumer reporting agency may share that consumer's report with third parties for specified purposes. A consumer reporting agency must verify a consumer's identity when obtaining this consent. (Currently, this sharing is generally allowed unless a consumer opts out.) If the consumer provides consent, a consumer reporting agency may share information with a third party for an extension of credit or the underwriting of insurance. Additionally, in connection with transactions not initiated by the consumer, a consumer reporting agency may provide a consumer report with the consumer's consent only if the transaction consists of a firm offer of credit or insurance. Furthermore, consumer reporting agencies may not charge consumers fees in connection with furnishing consumer reports. The bill also requires consumer reporting agencies to use reasonable efforts to prevent data breaches of consumer reports. The Government Accountability Office must report on how best to protect information collected in consumer files.

To amend the Fair Credit Reporting Act to require that a consumer authorize the release of certain information. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Control Act of 2021''. SEC. 2. PERMISSIBLE PURPOSES OF REPORTS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 604 (15 U.S.C. 1681b)-- (A) by striking subsections (c) through (e) and inserting the following: ``(c) Conditions for Furnishing Certain Consumer Reports.-- ``(1) In general.--A consumer reporting agency may furnish a consumer report for the following purposes only if the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610: ``(A) An extension of credit pursuant to subsection (a)(3)(A). ``(B) The underwriting of insurance pursuant to subsection (a)(3)(C). ``(2) Additional reports; election.--After the consumer reporting agency obtains affirmative informed consent of the consumer and verifies the identity of the consumer under paragraph (1), the consumer reporting agency may continue to furnish consumer reports solely for the purposes of reviewing or collecting on an account described in subparagraphs (A) and (C) of subsection (a)(3). ``(3) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer.-- ``(A) In general.--A consumer reporting agency may furnish a consumer report to a person in connection with any credit or insurance transaction under subparagraph (A) or (C) of subsection (a)(3) that is not initiated by the consumer only if-- ``(i) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and ``(ii) the transaction consists of a firm offer of credit or insurance. ``(B) Election.--The consumer may elect to-- ``(i) have the consumer's name and addresses included in lists of names and addresses provided by the consumer reporting agency pursuant to subparagraphs (A) and (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if-- ``(I) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and ``(II) the transaction consists of a firm offer of credit or insurance; and ``(ii) revoke at any time the election pursuant to clause (i) to have the consumer's name and address included in lists provided by a consumer reporting agency. ``(C) Information regarding inquiries.--Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. ``(4) Disclosures.-- ``(A) In general.--A person may not procure a consumer report for any purpose pursuant to subparagraphs (D), (F), and (G) of subsection (a)(3) unless-- ``(i) a simple and easy to understand, as defined in section 1022.54(b) of title 12, Code of Federal Regulations, as in effect on the date of enactment of the Consumer Credit Control Act of 2021, disclosure has been made to the consumer at any time before the report is procured or caused to be procured, that consists solely of the disclosure and the opportunity to provide the consent described in clause (ii), that a consumer report may be obtained for such purposes; and ``(ii) the person has obtained affirmative informed consent of the consumer for the procurement of the consumer report by that person. ``(B) Authorizations.--The consent described in subparagraph (A)(ii) shall be provided on the disclosure described under subparagraph (A)(i). ``(5) Rule making.--Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2021, the Director of the Bureau shall promulgate regulations that-- ``(A) implement this subsection; ``(B) establish a model form for the disclosure document pursuant to paragraph (4); ``(C) permit consumers to provide affirmative informed consent required by paragraph (1) for a specific time period for multiple users for the specified purpose during that time period; ``(D) require a consumer reporting agency-- ``(i) to provide to each consumer a secure, convenient, accessible, and cost-free method, including by toll-free telephone or secure electronic means, by which a consumer may-- ``(I) provide or revoke any affirmative informed consent pursuant to this subsection; and ``(II) make or revoke any election pursuant to paragraph (3)(B); ``(ii) to implement any provision or revocation of affirmative informed consent pursuant to this subsection not later than 1 business day after the date on which a consumer provides or revokes affirmative informed consent; and ``(iii) to implement any election or revocation of any election pursuant to paragraph (3)(B) not later than 1 business day after the date on which a consumer makes or revokes an election; and ``(E) define what constitutes affirmed informative consent in the manner that provides the greatest protection to consumers. ``(6) Prohibitions.-- ``(A) In general.--The method described in paragraph (5)(D) shall not be used to-- ``(i) collect any information on a consumer that is not necessary for the purpose of the consumer to allow or disallow the furnishing of consumer reports; or ``(ii) advertise any product or service. ``(B) No waiver.--In the offering of a method described in paragraph (5)(D), a consumer reporting agency shall not require a consumer to waive any rights nor indemnify the consumer reporting agency from any liabilities arising from the offering of such method. ``(7) Reports.-- ``(A) CFPB.-- ``(i) Recommendation.--Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2021, the Director of the Bureau shall, after consultation with the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Consumer Advisory Board, and other Federal and State regulators as the Director of the Bureau determines are appropriate, submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives recommendations on how to provide consumers greater transparency and personal control over their consumer reports furnished for permissible purposes under subsections (a)(3)(E) and (a)(6). ``(ii) Report.--The Director of the Bureau 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 report that includes-- ``(I) recommendations on how this subsection may be improved; ``(II) a description of efforts to educate consumers of their rights under this subsection; ``(III) a description of enforcement actions taken to demonstrate compliance with this subsection; ``(IV) recommendations on how to improve oversight of consumer reporting agencies and users of consumer reports; and ``(V) any other recommendations concerning how consumers may be provided greater transparency and control over their personal information. ``(B) GAO.-- ``(i) Study.--The Comptroller General of the United States shall conduct a study on what additional protections or restrictions may be needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers. ``(ii) Report.--Not later than 1 year after the date of enactment of the Consumer Credit Control Act of 2021, 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 on the results of the study under clause (i), which shall include-- ``(I) to the greatest extent possible, the presentation of unambiguous conclusions and specific recommendations for further legislative changes needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers; and ``(II) if no recommendations for further legislative changes are presented, a detailed explanation of why no such changes are recommended.''; (B) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively; and (C) by adding at the end the following: ``(f) No Fees.--No consumer reporting agency may charge a consumer any fee for any activity pursuant to or as a result of this section.''; (2) in section 607(a) (15 U.S.C. 1681e(a))-- (A) in the third sentence, by striking ``make a reasonable effort'' and inserting ``use commercially reasonable efforts''; and (B) by inserting ``Every consumer reporting agency shall use commercially reasonable efforts to avoid unauthorized access to consumer reports and information in the file of a consumer maintained by the consumer reporting agency, including complying with any appropriate standards established under section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)).'' after the end of the third sentence; (3) in section 609 (15 U.S.C. 1681g), by striking subsection (b) and inserting the following: ``(b) Scope of Disclosure.--The Director of the Bureau shall promulgate regulations to clarify that any disclosure required by subsection (a) shall be made to the consumer when a consumer makes a request, irrespective of whether the information required to be disclosed is held by the parent, subsidiary, or affiliate of a consumer reporting agency.''; and (4) in section 610(a)(1) (15 U.S.C. 1681h(a)(1))-- (A) by inserting ``, implementing the provision or revocation of any affirmative informed consent, or implementing any election or revocation of any election'' after ``disclosures''; and (B) by striking ``section 609'' and inserting ``sections 604 and 609''. (b) Technical and Conforming Amendments.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 603(d)(3) (15 U.S.C. 1681a(d)(3)), in the matter preceding subparagraph (A), by striking ``604(g)(3)'' and inserting ``604(e)(3)''; (2) in section 605A (15 U.S.C. 1681c-1)-- (A) by striking subsections (i) and (j); and (B) by redesignating subsection (k) as subsection (i); (3) in section 615(d) (15 U.S.C. 1681m(d))-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``604(c)(1)(B)'' and inserting ``604(c)(3)(A)(ii)''; and (ii) in subparagraph (E), by striking ``604(e)'' and inserting ``604(c)(5)(D)''; and (B) in paragraph (2)(A), by striking ``604(e)'' and inserting ``604(c)(5)(D)''; and (4) in section 625(b)(1) (15 U.S.C. 1681t(b)(1))-- (A) in subparagraph (A), by striking ``subsection (c) or (e) of section 604'' and inserting ``604(c)(3)''; (B) in subparagraph (I), by adding ``or'' at the end; (C) by striking subparagraph (J); and (D) by redesignating subparagraph (K) as subparagraph (J). (c) Applicability.--The amendments made by subsections (a) and (b) shall apply to a consumer report, as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), furnished after the earlier of-- (1) the date on which the rules issued by the Bureau of Consumer Financial Protection under subsection (c)(5) of section 604 of the Fair Credit Reporting Act, as amended by subsection (a) of this section, require compliance; and (2) the date that is 18 months after the date of enactment of this Act. <all>

Consumer Credit Control Act of 2021

A bill to amend the Fair Credit Reporting Act to require that a consumer authorize the release of certain information.

Consumer Credit Control Act of 2021

Sen. Reed, Jack

D

RI

S.921

Crime and Law Enforcement

Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses: The United States may prosecute such conduct that occurs outside the United States.

[117th Congress Public Law 59] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1468]] Public Law 117-59 117th Congress An Act To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. <<NOTE: Nov. 18, 2021 - [S. 921]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act. 18 USC 1 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act''. SEC. 2. <<NOTE: 18 USC 1114 note.>> SENSE OF CONGRESS. It is the sense of Congress that-- (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. [[Page 135 STAT. 1469]] SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES. Part I of title 18, United States Code, is amended-- (1) in section 111, by adding at the end the following: ``(c) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''; (2) in section 115, by adding at the end the following: ``(e) There is extraterritorial jurisdiction over the conduct prohibited by this section.''; and (3) in section 1114-- (A) by inserting ``(a) In General.--'' before ``Whoever''; and (B) by adding at the end the following: ``(b) Extraterritorial Jurisdiction.--There is extraterritorial jurisdiction over the conduct prohibited by this section.''. Approved November 18, 2021. LEGISLATIVE HISTORY--S. 921: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 28, considered and passed Senate. Oct. 27, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 18, Presidential remarks. <all>

Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act

A bill to amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes.

Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act

Sen. Cornyn, John

R

TX

H.R.751

Energy

Protecting American Energy Production Act This bill prohibits the President from declaring a moratorium on the use of hydraulic fracturing unless Congress authorizes the moratorium. The bill also expresses the sense of Congress that states should maintain primacy for the regulation of hydraulic fracturing for oil and natural gas production on state and private lands.

To prohibit a moratorium on the use of hydraulic fracturing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Energy Production Act''. SEC. 2. PROTECTING AMERICAN ENERGY PRODUCTION. (a) Sense of Congress.--It is the sense of Congress that States should maintain primacy for the regulation of hydraulic fracturing for oil and natural gas production on State and private lands. (b) Prohibition on Declaration of a Moratorium on Hydraulic Fracturing.--Notwithstanding any other provision of law, the President may not declare a moratorium on the use of hydraulic fracturing unless such moratorium is authorized by an Act of Congress. <all>

Protecting American Energy Production Act

To prohibit a moratorium on the use of hydraulic fracturing.

Protecting American Energy Production Act

Rep. Duncan, Jeff

R

SC

S.2621

Taxation

Modernization of Derivatives Tax Act of 2021 This bill modifies the tax treatment of derivatives. A derivative is any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to another specified item. The bill modifies the tax treatment of derivatives to (1) require mark to market treatment (treating the contracts as if they had been terminated or transferred at fair market value at the end of the year) for derivatives not terminated or transferred during the year, (2) require gains and losses to be taxed at ordinary tax rates and sourced to the taxpayer's country of residence, and (3) revise the reporting requirements and tax rules that apply to taxpayers that use derivatives to hedge capital assets. The bill includes several exceptions for

To amend the Internal Revenue Code of 1986 to modernize the tax treatment of derivatives and their underlying investments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Modernization of Derivatives Tax Act of 2021''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODERNIZATION OF TAX TREATMENT OF CERTAIN DERIVATIVES. (a) In General.--Subchapter E of chapter 1 is amended by adding at the end the following new part: ``PART IV--TAX TREATMENT OF DERIVATIVES AND SIMILAR CONTRACTS ``subpart a. derivatives ``subpart b. similar contracts ``Subpart A--Derivatives ``Sec. 491. Rules for treatment of derivatives. ``Sec. 492. Investment hedging units. ``Sec. 493. Derivative defined. ``SEC. 491. RULES FOR TREATMENT OF DERIVATIVES. ``(a) In General.--For purposes of this title, if there is a taxable event with respect to a derivative or an underlying investment-- ``(1) notwithstanding any other provision of this title, except as provided in subsection (b)(3)(A) or section 1032, gain or loss shall be recognized and taken into account in the taxable year in which the taxable event occurs, and ``(2) proper adjustment shall be made in the amount of any subsequent gain or loss for gain or loss taken into account by reason of paragraph (1). ``(b) Rules Relating to Gain or Loss.--Notwithstanding any other provision of this title-- ``(1) Character and source of gain or loss.-- ``(A) Character.--Except as provided in paragraph (3)(A), any item of income, deduction, gain, or loss taken into account under subsection (a) with respect to a taxable event shall be treated as-- ``(i) ordinary income or loss, and ``(ii) attributable to a trade or business of the taxpayer for purposes of sections 62(a) and 172(d)(4). ``(B) Source of gain or loss from derivatives.--In the case of a taxable event with respect to a derivative, any item of income, deduction, gain, or loss taken into account under subsection (a) shall be treated as derived from sources within the country of residence, incorporation, or organization of the taxpayer. ``(2) Determination of amount.-- ``(A) In general.--The amount of gain or loss taken into account under subsection (a) with respect to a taxable event shall be-- ``(i) in the case of a taxable event involving the termination or transfer of a derivative or the sale or exchange of an underlying investment, the amount of gain or loss determined under this title with respect to the taxable event, or ``(ii) in the case of any other taxable event, the amount of gain or loss which would be determined under this title if, immediately before the taxable event-- ``(I) in the case of a derivative, the derivative were terminated or transferred at its fair market value, or ``(II) in the case of an underlying investment, the investment were sold or exchanged at its fair market value. ``(B) Reliance on valuation.--For purposes of subparagraph (A), the taxpayer may rely on a valuation which is-- ``(i) provided to the taxpayer by a broker under section 6045(b), or ``(ii) determined under an applicable financial statement. ``(3) Special rules for taxable events with respect to investment hedging units.-- ``(A) In general.--In the case of a taxable event described in subsection (c)(2) with respect to a derivative or underlying investment (other than a termination or transfer of the derivative or the sale or exchange of the underlying investment)-- ``(i) notwithstanding subsection (a), built-in loss (if any) with respect to the derivative or underlying investment shall not be recognized and shall not be taken into account by reason of such taxable event, and ``(ii) notwithstanding paragraph (1), built-in gain (if any) with respect to the underlying investment shall be treated as long- term or short-term capital gain if the built-in gain would have been so treated if the investment were sold or exchanged at its fair market value immediately before the time that the built-in gain is determined under subparagraph (D). ``(B) Identification.--For purposes of this paragraph, the determination of which portions of an underlying investment have been deemed sold or exchanged in a taxable event shall be made in the same manner as if there had been an actual sale or exchange. ``(C) Built-in loss.--For purposes of this section, the term `built-in loss' means, with respect to any derivative or underlying investment in an investment hedging unit, any loss which would have been recognized and taken into account under subsection (a) if the derivative were terminated or transferred, or the underlying investment were sold or exchanged, at its fair market value as of the later of the time that the investment hedging unit was established or the time that the derivative or the underlying investment became part of the investment hedging unit. ``(D) Built-in gain.--For purposes of this section, the term `built-in gain' means, with respect to any underlying investment in an investment hedging unit, any gain which would have been recognized and taken into account under subsection (a) if the underlying investment were sold or exchanged at its fair market value as of the later of the time that the investment hedging unit was established or the time that the underlying investment became part of the investment hedging unit. ``(c) Taxable Event.--For purposes of this part, the term `taxable event' means-- ``(1) with respect to any derivative which is not part of an investment hedging unit-- ``(A) the termination or transfer of such derivative, and ``(B) the close of any taxable year if the taxpayer has rights or obligations with respect to such derivative at such time, and ``(2) with respect to all derivatives and underlying investments which are part of the same investment hedging unit-- ``(A) the establishment of the investment hedging unit, ``(B) the termination or transfer of any such derivative, ``(C) the sale or exchange of all or any portion of any such underlying investment, ``(D) the entering into of another derivative, or the acquisition of an additional amount of such underlying investment, after the establishment of the investment hedging unit if such derivative or additional amount is treated as part of the investment hedging unit under section 492, and ``(E) in the case of-- ``(i) an investment hedging unit with respect to which an election is in effect under section 492(b), the close of each business day, and ``(ii) any other investment hedging unit, the close of any taxable year if the applicable hedging period with respect to such unit includes such close. ``(3) Termination or transfer.--For purposes of this part, the term `termination or transfer' includes, with respect to any derivative, any termination or transfer by offsetting, by taking or making delivery, by exercise or being exercised, by assignment or being assigned, by lapse, by sale or other disposition, by assumption, or otherwise. ``(d) Treatment of Payments With Respect to Certain Derivatives.-- Notwithstanding any other provision of this title-- ``(1) In general.--Except as provided by the Secretary, in the case of a payment pursuant to a derivative (other than an option)-- ``(A) any item of income, deduction, gain, or loss with respect to the payment shall be taken into account for purposes of this title at the time of the payment, and ``(B) proper adjustment shall be made in the amount of any subsequent gain or loss for items taken into account by reason of subparagraph (A). This paragraph shall not apply to a payment in connection with a taxable event. ``(2) Rules relating to character and source of gain or loss.--In the case of any item of income, deduction, gain, or loss with respect to payments described in paragraph (1)-- ``(A) the rules of subsection (b)(1)(A) shall apply in determining the character of such item, and ``(B) except as provided in section 871(m), the rule of subsection (b)(1)(B) shall apply in determining the source of such item. ``(e) Suspension of Holding Period While Underlying Investment Part of Investment Hedging Unit.--For purposes of section 1222, in the case of any underlying investment which is part of an investment hedging unit, the holding period for such investment shall not include any period during which the underlying investment is part of such unit. ``(f) Applicable Financial Statement.--For purposes of this part, the term `applicable financial statement' means-- ``(1) a financial statement which is certified as being prepared in accordance with generally accepted accounting principles and which is-- ``(A) a 10-K (or successor form), or annual statement to shareholders, required to be filed by the taxpayer with the United States Securities and Exchange Commission, ``(B) an audited financial statement of the taxpayer which is used for-- ``(i) credit purposes, ``(ii) reporting to shareholders, partners, or other proprietors, or to beneficiaries, or ``(iii) any other substantial nontax purpose, but only if there is no statement of the taxpayer described in subparagraph (A), or ``(C) filed by the taxpayer with any other Federal agency for purposes other than Federal tax purposes, but only if there is no statement of the taxpayer described in subparagraph (A) or (B), ``(2) a financial statement which is made on the basis of international financial reporting standards and is filed by the taxpayer with an agency of a foreign government which is equivalent to the United States Securities and Exchange Commission and which has reporting standards not less stringent than the standards required by such Commission, but only if there is no statement of the taxpayer described in paragraph (1), or ``(3) a financial statement filed by the taxpayer with any other regulatory or governmental body specified by the Secretary, but only if there is no statement of the taxpayer described in paragraph (1) or (2). ``SEC. 492. INVESTMENT HEDGING UNITS. ``(a) Investment Hedging Unit.--For purposes of this part-- ``(1) In general.--Except as provided in subsection (b)-- ``(A) a taxpayer shall be treated as having an investment hedging unit with respect to an underlying investment during any applicable hedging period with respect to the underlying investment, and ``(B) subject to paragraph (3), such investment hedging unit shall at any time during the applicable hedging period consist of the following held by the taxpayer at such time: ``(i) Each derivative with respect to the underlying investment which has a delta with respect to any portion of the underlying investment which is within the range beginning with minus 0.7 and ending with minus 1.0. ``(ii) Each portion of the underlying investment described in clause (i) with respect to which any derivative has a delta within the range described in clause (i). ``(2) Applicable hedging period.--The term `applicable hedging period' means, with respect to any underlying investment of a taxpayer, a continuous period-- ``(A) beginning with the first time (after a period which is not an applicable hedging period) the taxpayer holds 1 or more of the derivatives with respect to the underlying investment, and 1 or more portions of the underlying investment, which are described in paragraph (1)(B), and ``(B) ending with the time none of such derivatives and portions are so described. ``(3) Special rules relating to delta and combining derivatives.-- ``(A) In general.--For purposes of this subsection-- ``(i) a derivative with respect to an underlying investment shall be treated as having a delta within the range described in paragraph (1)(B)(i) if the derivative by itself, or in combination with 1 or more other derivatives, has such delta with respect to any portion of such underlying investment, and ``(ii) the determination under paragraph (1)(B) of which derivatives have such delta, and each portion of the underlying investment with respect to which such derivatives have such delta, shall be made in the manner which results in the largest portion of such underlying investment being so described. ``(B) Secretarial authority for applicable traded derivatives.--The Secretary may prescribe regulations or other guidance to modify the rules under subparagraph (A) to simplify the application of such rules to applicable traded derivatives. ``(4) Applicable traded derivatives.--For purposes of paragraph (3)-- ``(A) In general.--The term `applicable traded derivative' means any listed option or regulated futures contract. ``(B) Regulated futures contract.--The term `regulated futures contract' means a contract-- ``(i) with respect to which the amount required to be deposited and the amount which may be withdrawn depends on a system of marking to market, and ``(ii) which is traded on (or subject to the rules of) a qualified board or exchange. ``(C) Listed option.--The term `listed option' means any option (other than a right to acquire stock from the issuer) which is traded on (or subject to the rules of) a qualified board or exchange. ``(D) Qualified board or exchange.--The term `qualified board or exchange' means-- ``(i) a national securities exchange which is registered with the Securities and Exchange Commission, ``(ii) a domestic board of trade designated as a contract market by the Commodity Futures Trading Commission, or ``(iii) any other exchange, board of trade, or other market which the Secretary determines has rules adequate to carry out the purposes of this part. ``(b) Election With Respect to Items Included in Investment Hedging Unit.-- ``(1) In general.--For purposes of this part, a taxpayer may elect to treat all derivatives with respect to an underlying investment, and all of such underlying investment, as part of an investment hedging unit. ``(2) Election.--Any election under this subsection with respect to an underlying investment-- ``(A) shall apply to all derivatives with respect to such underlying investment, and all of such underlying investment, held at any time after the election is made (including during any period such derivatives or underlying investment are not held simultaneously), and ``(B) shall be irrevocable. ``(3) Deemed election for taxpayers failing to identify.-- ``(A) In general.--If a taxpayer-- ``(i) does not have an election in effect under paragraph (1) with respect to an underlying investment, and ``(ii) fails to meet the requirements of subsection (c) for testing and identifying derivatives with respect to the underlying investment, the taxpayer shall be treated as having made the election under paragraph (1). ``(B) Treatment of election.--For purposes of paragraph (2), a deemed election under this paragraph-- ``(i) shall be treated as made as of the first time the taxpayer fails to meet the requirements of subsection (c) with respect to the underlying investment, and ``(ii) notwithstanding paragraph (2)(B), may be revoked with the consent of the Secretary. ``(c) Definitions and Rules Relating to Taxpayers Identifying Investment Hedging Units.--In the case of a taxpayer with respect to which an election is not in effect under subsection (b) with respect to an underlying investment-- ``(1) In general.--The taxpayer shall, at the times described in paragraph (3), test the derivatives with respect to the underlying investment and make the identifications described in paragraph (2). ``(2) Identification.-- ``(A) In general.--The taxpayer shall identify the following with respect to an underlying investment: ``(i) Each derivative described in subsection (a)(1)(B)(i). ``(ii) Each portion of the underlying investment described in subsection (a)(1)(B)(ii). ``(B) Derivatives and underlying investment not part of investment hedging unit.--A taxpayer shall identify the derivatives with respect to an underlying investment, and the portions of the underlying investment, which are not required to be identified under subparagraph (A). ``(C) Portion may include all of underlying investment.--For purposes of this part, the term `portion' with respect to any underlying investment identified may include all of the underlying investment. ``(3) Times identifications required to be made.-- ``(A) In general.--The taxpayer shall test and make the identifications required under this subsection at the following times during any continuous period the taxpayer simultaneously holds 1 or more derivatives with respect to an underlying investment and 1 or more portions of the underlying investment: ``(i) The beginning of the period. ``(ii) Immediately after the taxpayer (during such period)-- ``(I) enters into another derivative with respect to the underlying investment or acquires an additional amount of such underlying investment, or ``(II) terminates or transfers 1 or more derivatives with respect to the underlying investment or sells or exchanges any portion of the underlying investment, except that no testing and identification shall be required under this subclause with respect to any such transaction if the taxpayer does not have an investment hedging unit with respect to the underlying investment immediately before such transaction. ``(iii) Such other times during such period as the Secretary may prescribe by regulations or other guidance. ``(B) No other times for testing.--Except as provided by the Secretary, there shall not be taken into account for purposes of this part any testing and identification done by the taxpayer with respect to an underlying investment at a time other than the times required under subparagraph (A). ``(4) Manner.--A taxpayer shall be treated as timely making the identifications required under this subsection if the derivatives with respect to, and each portion of, an underlying investment are clearly identified as part of (or as not part of) the investment hedging unit for purposes of this paragraph before the close of the day on which the identification is required (or such other time as the Secretary may prescribe). ``(5) Treatment of incorrect identification.--The Secretary shall prescribe regulations or other guidance to properly characterize any income, gain, expense, or loss arising from any derivative or underlying investment which is incorrectly identified under paragraph (2) as being part of, or not being part of, an investment hedging unit. ``(d) Delta.--For purposes of this section-- ``(1) In general.--The term `delta' means, with respect to any derivative and underlying investment, the ratio of the expected change in the fair market value of the derivative to a very small change in the fair market value of the underlying investment. ``(2) Method of determination.--The delta with respect to any derivative with respect to an underlying investment (or any combination of such derivatives) shall be determined-- ``(A) in a commercially reasonable manner, and ``(B) except as provided by the Secretary, in a manner which is consistent with the manner used by the taxpayer or the taxpayer's broker for purposes of an applicable financial statement. ``(3) Time for making determination.--The delta with respect to any derivative and underlying investment shall be determined as of any date the taxpayer is required to make the identifications described in subsection (c). ``(4) Multiple underlying investments.-- ``(A) In general.--Except as provided in subparagraph (B), if the value of a derivative is determined by reference to more than 1 underlying investment, the delta shall be determined separately with respect to each underlying investment. ``(B) Methods for combinations of underlying investments.--The Secretary may provide methods for determining the delta of any derivative with respect to combinations of 2 or more underlying investments. ``(e) Other Definitions and Rules.--For purposes of this part-- ``(1) Underlying investment.-- ``(A) In general.--The term `underlying investment' means, with respect to any derivative, any item-- ``(i) which is described in any of the paragraphs (1) through (8) of section 493(a) (or any item substantially the same as any such item), and ``(ii) by reference to which the value of the derivative, or any payment or other transfer with respect to the derivative, is determined either directly or indirectly. ``(B) Coordination with section 475.--In the case of a dealer in securities to which section 475 applies (and a dealer in commodities with respect to which an election is in effect under section 475(e)), such term shall not include any item which, but for this subparagraph, would be treated as an underlying investment if such item is treated as a security under section 475 (including a commodity treated as a security under section 475(e)). ``(C) Indirect determinations.--For purposes of subparagraph (A)(ii), the value of, or any payment or other transfer with respect to, a derivative shall not be treated as indirectly determined by reference to one or more of the items described in paragraphs (1) through (8) of section 493(a) solely because the change in a variable affecting such value, payment, or other transfer also affects the value, level, amount, or calculation of such item or items. ``(2) Establishment of investment hedging unit.--A taxpayer shall be treated as having established an investment hedging unit with respect to an underlying investment-- ``(A) in the case of a taxpayer with an election in effect under subsection (b) with respect to the underlying investment, as of the date the election takes effect, and ``(B) in the case of any other taxpayer, as of the beginning of each applicable hedging period with respect to the underlying investment. ``(3) Related parties, etc.--For purposes of this section-- ``(A) Attribution between related persons.--Any derivative or underlying investment held by a related party (within the meaning of subsection (f)) with respect to the taxpayer shall be treated as held by the taxpayer. ``(B) Certain pass-through entities.--If part or all of the income, gain, loss, or expense with respect to a derivative or underlying investment held by a partnership, trust, or other entity would properly be taken into account for purposes of this chapter by the taxpayer, then, except to the extent otherwise provided by the Secretary, such derivative or investment shall be treated as held by the taxpayer. ``(C) Stock and debt whose value primarily determined by reference to other items.--Except as provided by the Secretary, if the taxpayer holds an item described in paragraph (1) or (3) of section 493(a) the value of which, or with respect to which any payment or other transfer, is primarily determined by reference to one or more other items described in paragraphs (1) through (8) of section 493(a), then, solely for purposes of this subpart, such item described in paragraph (1) or (3) of section 493(a) shall also be treated as if it were such other item. ``(f) Related Party.--For purposes of this section-- ``(1) In general.--A person is a related party to the taxpayer if, with respect to any period during which a derivative or underlying investment is held by such person, such person-- ``(A) is the taxpayer's spouse, ``(B) is a dependent of the taxpayer or any other taxpayer with respect to whom the taxpayer is a dependent, ``(C) is an individual, corporation, partnership, trust, or estate which controls, or is controlled by (within the meaning of section 954(d)(3)), the taxpayer or any individual described in subparagraph (A) or (B) with respect to the taxpayer (or any combination thereof), ``(D) is an individual retirement plan, Archer MSA (as defined in section 220(d)), or health savings account (as defined in section 223(d)), of the taxpayer or of any individual described in subparagraph (A) or (B) with respect to the taxpayer, ``(E) is an account under a qualified tuition program described in section 529, an ABLE account (as defined in section 529A(e)(6)), or a Coverdell education savings account (as defined in section 530(b)) if the taxpayer, or any individual described in subparagraph (A) or (B) with respect to the taxpayer, is the designated beneficiary of such account or has the right to make any decision with respect to the investment of any amount in such account, ``(F) is an account under-- ``(i) a plan described in section 401(a), ``(ii) an annuity plan described in section 403(a), ``(iii) an annuity contract described in section 403(b), or ``(iv) an eligible deferred compensation plan described in section 457(b) and maintained by an employer described in section 457(e)(1)(A), if the taxpayer or any individual described in subparagraph (A) or (B) with respect to the taxpayer has the right to make any decision with respect to the investment of any amount in such account, or ``(G) files a consolidated return (within the meaning of section 1501) with the taxpayer for any taxable year which includes a portion of such period. ``(2) Determination of marital status.-- ``(A) In general.--Except as provided in subparagraph (B), marital status shall be determined under section 7703. ``(B) Special rule for married individuals filing separately and living apart.--A husband and wife who-- ``(i) file separate returns for any taxable year, and ``(ii) live apart at all times during such taxable year, shall not be treated as married individuals. ``(g) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out this section, including regulations or guidance which require in appropriate cases a taxpayer to bifurcate derivatives described in subsection (d)(4) for purposes of applying this part or which may be necessary to prevent the avoidance of the purposes of subsection (f) (including treating persons as related parties if such persons are formed or availed of to avoid the purposes of such subsection). ``SEC. 493. DERIVATIVE DEFINED. ``(a) In General.--For purposes of this part, except as otherwise provided in this section, the term `derivative' means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: ``(1) Any share of stock in a corporation. ``(2) Any partnership or beneficial ownership interest in a partnership or trust. ``(3) Any evidence of indebtedness. ``(4) Except as provided in subsection (b)(1), any real property. ``(5) Any commodity which is actively traded (within the meaning of section 1092(c)(4)). ``(6) Any currency. ``(7) Any rate, price, amount, index, formula, or algorithm. ``(8) Any other item which the Secretary may prescribe. Except as provided by the Secretary to prevent the avoidance of the purposes of this part, such term shall not include any item described in paragraphs (1) through (8). For purposes of this subsection, the value of, or any payment or other transfer with respect to, a contract shall not be treated as indirectly determined by reference to one or more of the items described in paragraphs (1) through (8) solely because the change in a variable affecting such value, payment, or other transfer also affects the value, level, amount, or calculation of such item or items. ``(b) Exceptions.-- ``(1) Certain real property.-- ``(A) In general.--For purposes of this part, the term `derivative' shall not include any contract with respect to interests in real property (as defined in section 856(c)(5)(C)) if such contract requires physical delivery of such real property. ``(B) Options to settle in cash.-- ``(i) In general.--For purposes of subparagraph (A), a contract which provides for an option of cash settlement shall not be treated as requiring physical delivery of real property unless the option is exercisable only in unusual and exceptional circumstances. ``(ii) Option of cash settlement.--For purposes of clause (i), a contract provides an option of cash settlement if the contract settles in (or could be settled in) cash or property other than the underlying real property. ``(2) Hedging transactions.-- ``(A) In general.--For purposes of this part, the term `derivative' shall not include any contract which is part of a hedging transaction (as defined in section 1221(b)). ``(B) Section 988 hedging transactions.--For exception for section 988 hedging transactions, see section 988(d)(1). ``(3) Securities lending, sale-repurchase, and similar financing transactions.--To the extent provided by the Secretary, for purposes of this part, the term `derivative' shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction. ``(4) Options received in connection with the performance of services.--For purposes of this part, the term `derivative' shall not include any option described in section 83(e)(3) received in connection with the performance of services. ``(5) Insurance, annuity, and endowment contracts.--For purposes of this part, the term `derivative' shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation). ``(6) Derivatives with respect to stock of members of same worldwide affiliated group.-- ``(A) In general.--For purposes of this part, the term `derivative' shall not include any derivative (determined without regard to this paragraph) with respect to stock issued by any member of the same worldwide affiliated group in which the taxpayer is a member. ``(B) Worldwide affiliated group.-- For purposes of this paragraph, the term `worldwide affiliated group' means a group consisting of-- ``(i) the includible members of an affiliated group (as defined in section 1504(a), determined without regard to paragraph (2) of section 1504(b)), and ``(ii) all controlled foreign corporations in which such members in the aggregate meet the ownership requirements of section 1504(a)(2) either directly or indirectly through applying paragraph (2) of section 958(a) or through applying rules similar to the rules of such paragraph to stock owned directly or indirectly by domestic partnerships, trusts, or estates. ``(7) Commodities used in normal course of trade or business.--For purposes of this part, the term `derivative' shall not include any contract with respect to any commodity if-- ``(A) such contract requires physical delivery with the option of cash settlement only in unusual and exceptional circumstances, and ``(B) such commodity is used (and is used in quantities with respect to which such derivative relates) in the normal course of the taxpayer's trade or business (or, in the case of an individual, for personal consumption). ``(c) Contracts With Embedded Derivative Components.-- ``(1) In general.--If a contract has derivative and nonderivative components, then each derivative component shall be treated as a derivative for purposes of this part. If the derivative component cannot be separately valued, then the entire contract shall be treated as a derivative for purposes of this part. ``(2) Exception for certain embedded derivative components of debt instruments.--A debt instrument shall not be treated as having a derivative component merely because-- ``(A) such debt instrument is denominated in a nonfunctional currency (as defined in section 988(c)(1)(C)(ii)), or ``(B) payments with respect to such debt instrument are determined by reference to the value of a nonfunctional currency (as so defined). ``(d) Treatment of American Depository Receipts and Similar Instruments.--Except as otherwise provided by the Secretary, for purposes of this part, American depository receipts (and similar instruments) with respect to shares of stock in foreign corporations shall be treated as shares of stock in such foreign corporations. ``Subpart B--Similar Contracts ``Sec. 494. Tax treatment of contracts similar to derivatives. ``SEC. 494. TAX TREATMENT OF CONTRACTS SIMILAR TO DERIVATIVES. ``(a) In General.--For purposes of this title, if there is a taxable transaction with respect to any applicable property interest, then, notwithstanding any other provision of this title other than section 1032, gain or loss attributable to the taxable transaction shall be considered gain or loss from the sale or exchange of property which has the same character as the property to which the applicable property interest relates has (or would have) in the hands of the taxpayer. ``(b) Definitions.--For purposes of this section-- ``(1) Applicable property interest.--The term `applicable property interest' means any right or obligation with respect to property other than-- ``(A) a derivative (as defined in section 493), or ``(B) any position in applicable property to which section 1092 applies. ``(2) Taxable transaction.--The term `taxable transaction' means, with respect to any applicable property interest-- ``(A) any termination or transfer (as defined in section 491(c)(3)) of such interest, or ``(B) any payment in fulfillment or partial fulfillment of such interest.''. SEC. 3. COORDINATION OF NEW RULES WITH EXISTING RULES. (a) Coordination With Rules for Dealers and Traders.-- (1) Derivatives not treated as securities.--Section 475(c)(2) is amended-- (A) by adding ``and'' at the end of subparagraph (C), (B) by striking subparagraphs (D) and (E) and by redesignating subparagraph (F) as subparagraph (D), (C) by striking ``subparagraph (A), (B), (C), (D), or (E)'' in subparagraph (D)(i), as so redesignated, and inserting ``subparagraph (A), (B), or (C)'', and (D) by amending the last sentence to read as follows: ``Such term shall not include any derivative to which section 491(a) applies.''. (2) Derivatives not treated as commodities.--Section 475(e)(2) is amended-- (A) by adding ``and'' at the end of subparagraph (A), (B) by striking subparagraphs (B) and (C) and by redesignating subparagraph (D) as subparagraph (B), and (C) by striking ``subparagraph (A), (B) or (C)'' in subparagraph (B)(i), as so redesignated, and inserting ``subparagraph (A)''. (3) Conforming amendments.-- (A) Section 475(b) is amended by striking paragraph (4). (B) Section 475(d)(2)(B) is amended-- (i) by striking ``subsection (c)(2)(F)(iii)'' and inserting ``subsection (c)(2)(D)(iii)'', and (ii) by striking ``subsection (c)(2)(F)'' and inserting ``subsection (c)(2)(D)''. (C) Section 475(f)(1)(D) is amended by striking ``subsections (b)(4) and (d)'' and inserting ``subsection (d)''. (b) Coordination With Straddle Rules.-- (1) In general.--Section 1092 is amended to read as follows: ``SEC. 1092. STRADDLES. ``(a) Recognition of Loss in Case of Straddles, etc.-- ``(1) Limitation on recognition of loss.-- ``(A) In general.--Any loss with respect to 1 or more positions shall be taken into account for any taxable year only to the extent that the amount of such loss exceeds the unrecognized gain (if any) with respect to 1 or more positions which were offsetting positions with respect to 1 or more positions from which the loss arose. ``(B) Carryover of loss.--Any loss which may not be taken into account under subparagraph (A) for any taxable year shall, subject to the limitations under subparagraph (A), be treated as sustained in the succeeding taxable year. ``(2) Unrecognized gain.--For purposes of this subsection-- ``(A) In general.--The term `unrecognized gain' means-- ``(i) in the case of any position held by the taxpayer as of the close of the taxable year, the amount of gain which would be taken into account with respect to such position if such position were sold on the last business day of such taxable year at its fair market value, and ``(ii) in the case of any position with respect to which, as of the close of the taxable year, gain has been realized but not recognized, the amount of gain so realized. ``(B) Reporting of gain.--Each taxpayer shall disclose to the Secretary, at such time and in such manner and form as the Secretary may prescribe-- ``(i) each position (whether or not part of a straddle) with respect to which, as of the close of the taxable year, there is unrecognized gain, and ``(ii) the amount of such unrecognized gain. The Secretary may waive the requirement to report under this subparagraph with respect to any position if such reporting is not required to carry out the purposes of this section. ``(3) Special rules for physically settled positions.--For purposes of this subsection, if a taxpayer settles a position which is part of a straddle by delivering property to which the position relates (and such position, if terminated, would result in a realization of a loss), then such taxpayer shall be treated as if such taxpayer-- ``(A) terminated the position for its fair market value immediately before the settlement, and ``(B) sold the property so delivered by the taxpayer at its fair market value. ``(b) Regulations.--The Secretary shall prescribe such regulations with respect to gain or loss on positions which are a part of a straddle as may be appropriate to carry out the purposes of this section and section 263(g). To the extent consistent with such purposes, such regulations shall include rules applying the principles of subsections (a) and (d) of section 1091 and of subsections (b) and (d) of section 1233 (as in effect before their repeal). ``(c) Definitions and Rules Relating to Straddles.--For purposes of this section-- ``(1) Straddle defined.--The term `straddle' means offsetting positions with respect to applicable property. ``(2) Offsetting positions.--A taxpayer holds offsetting positions with respect to applicable property if the taxpayer holds any position which by itself, or in combination with 1 or more other positions held by the taxpayer, has a delta (within the meaning of section 492(d)(1)) with respect to any other position held by the taxpayer which is within the range beginning with minus 0.7 and ending with minus 1.0. For purposes of this paragraph, positions shall be taken into account whether or not they are in the same applicable property. ``(3) Determination of delta.--For purposes of this section-- ``(A) Method of determination.--The delta with respect to any position in applicable property with respect to another position in applicable property (or any combination of such positions) shall be determined in the same manner as under section 492(d)(2). ``(B) Timing of delta determination and other special rules.--Rules similar to the rules of paragraphs (3) and (4) of section 492(d) shall apply for purposes of this paragraph. ``(4) Applicable property and position defined.-- ``(A) Applicable property.--The term `applicable property' means any item which is-- ``(i) described in paragraph (1), (2), (3), (5), (6), (7), or (8) of section 493(a) (or any item substantially the same as any such item), and ``(ii) of a type which is actively traded. ``(B) Position.-- ``(i) In general.--The term `position' means an interest in applicable property. ``(ii) Derivatives excluded.--Such term shall not include a derivative (as defined in section 493). ``(C) Stock and debt whose value primarily determined by reference to other items.--Except as provided in regulations, if the taxpayer holds an item described in paragraph (1) or (3) of section 493(a) the value of which, or with respect to which any payment or other transfer, is primarily determined by reference to one or more other items described in paragraphs (1) through (8) of section 493(a), then, solely for purposes of this section, such item described in paragraph (1) or (3) of section 493(a) shall also be treated as if it were such other item. ``(5) Positions held by related persons, etc.-- ``(A) In general.--In determining whether 2 or more positions are offsetting, the taxpayer shall be treated as holding any position held by a related party (within the meaning of section 492(f)). ``(B) Certain pass-through entities.--If part or all of the gain or loss with respect to a position held by a partnership, trust, or other entity would properly be taken into account for purposes of this chapter by a taxpayer, then, except to the extent otherwise provided by the Secretary, such position shall be treated as held by the taxpayer. ``(6) Special rules for foreign currency.-- ``(A) Position to include interest in certain debt.--For purposes of paragraph (4)(B)(i), an obligor's interest in a nonfunctional currency denominated debt obligation is treated as a position in the nonfunctional currency. ``(B) Actively traded requirement.--For purposes of paragraph (4)(A)(ii), foreign currency for which there is an active interbank market is presumed to be actively traded. ``(d) Exception for Hedging Transactions and Investment Hedging Units.--This section shall not apply in the case of-- ``(1) any hedging transaction (as defined in section 1221(b)), and ``(2) any investment hedging unit (as defined in section 492). ``(e) Cross Reference.--For provisions requiring capitalization of certain interest and carrying charges where there is a straddle, see section 263(g).''. (2) Conforming amendments.--The last sentence of section 246(c)(4) is amended-- (A) by inserting ``(as in effect before its repeal)'' after ``section 1092(c)(4)'', and (B) by inserting ``(as so in effect)'' after ``section 1092(f)''. (c) Debt Instruments Held by Insurance Companies.-- (1) In general.--Subsection (a) of section 1221 is amended by striking ``or'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``; or'', and by adding at the end the following: ``(9) any bond, debenture, note, or certificate or other evidence of indebtedness held by an applicable insurance company (as defined in subsection (b)(5)).''. (2) Applicable insurance company.--Section 1221(b), as amended by this Act, is amended by adding at the end the following: ``(5) Applicable insurance company.--For purposes of subsection (a)(9)-- ``(A) In general.--The term `applicable insurance company' means, with respect to any taxable year, an insurance company (as defined in the last sentence of section 816(a))-- ``(i) which is subject to tax under section 801(a) or section 831(a), ``(ii) with respect to which sections 831(b), 835, and 842 do not apply, and ``(iii) which is not treated as a stock insurance company solely by reason of section 833(a)(1). ``(B) Permanent treatment by company as ordinary asset.--If an asset is treated as an asset described in subsection (a)(9) with respect to any applicable insurance company for any taxable year, such asset shall be treated as so described during any subsequent taxable year such asset is held by such company.''. (3) Regulations.--Paragraph (4) of section 1221(b) is amended-- (A) by striking ``The Secretary'' and inserting: ``(A) Related parties.--The Secretary'', and (B) by adding at the end the following: ``(B) Assets of insurance companies.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of subsection (a)(9), including such regulations as may be necessary to prevent the avoidance of Federal income tax through the sale or exchange of assets described in such subsection.''. (4) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to any bond, debenture, note, or certificate or other evidence of indebtedness held or acquired after the 90-day period beginning with the date of the enactment of this Act. (B) Transition rule.--If a taxpayer has a capital loss carryover to any taxable year of the taxpayer beginning after the close of the 90-day period described in subparagraph (A), the taxpayer shall, in addition to other short-term capital gain of the taxpayer (if any), treat as short-term capital gain (rather than as ordinary income) an amount equal to the lesser of-- (i) the net gain (if any) from sales or exchanges during such taxable year of assets to which section 1221(a)(9) of such Code (as added by paragraph (1)) applies, or (ii) the capital loss carryovers to such taxable year from taxable years beginning before the close of such period. (d) RICs Allowed Net Operating Loss Deduction.-- (1) In general.--Paragraph (2) of section 852(b) is amended by striking subparagraph (B) and by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (2) Other modifications.--Paragraph (6) of section 172(d) is amended to read follows: ``(6) Modifications related to rics and reits.--In the case of any taxable year for which part I or II of subchapter M applies to the taxpayer-- ``(A) the net operating loss for such taxable year shall be computed by taking into account-- ``(i) in the case of a regulated investment company, the adjustments described in section 852(b)(2) (other than the deduction for dividends paid described in subparagraph (C) thereof)), and ``(ii) in the case of a real estate investment trust, the adjustments described in section 857(b)(2) (other than the deduction for dividends paid described in subparagraph (B) thereof), ``(B) where such taxable year is a `prior taxable year' referred to in paragraph (2) of subsection (b), references in such paragraph to `taxable income' shall be treated as references to-- ``(i) in the case of a regulated investment company, regulated investment company taxable income (as defined in section 852(b)(2)), and ``(ii) in the case of a real estate investment trust, real estate investment taxable income (as defined in section 857(b)(2)), and ``(C) subsection (a)(2) shall be applied by treating references to taxable income as references to-- ``(i) in the case of a regulated investment company, regulated investment company taxable income (as defined in section 852(b)(2)) but without regard to the deduction for dividends paid (as defined in section 561), and ``(ii) in the case of a real estate investment trust, real estate investment taxable income (as defined in section 857(b)(2)) but without regard to the deduction for dividends paid (as defined in section 561).''. (3) Conforming amendments.-- (A) Section 443(e)(3) is amended by striking ``section 852(b)(2)(D)'' and inserting ``section 852(b)(2)(C)''. (B) Section 852(a)(1)(A) is amended by striking ``subsection (b)(2)(D)'' and inserting ``subsection (b)(2)(C)''. (C) Section 4982(e)(1)(A) is amended by striking ``and (D)'' and inserting ``and (C)''. (4) Effective date.--The amendments made by this subsection shall apply to net operating losses for taxable years ending after the 90th day after the date of the enactment of this Act. (e) Nonrecognition of Gain or Loss From Transactions by a Corporation With Respect to Its Stock.-- (1) In general.--Section 1032 is amended to read as follows: ``SEC. 1032. TRANSACTIONS BY A CORPORATION WITH RESPECT TO ITS STOCK. ``(a) Nonrecognition on Exchange of Stock for Property.--No gain or loss shall be recognized to a corporation on the receipt of money or other property in exchange for stock of such corporation. ``(b) Derivative Transactions by a Corporation With Respect to Its Stock.-- ``(1) In general.--Except as otherwise provided in this subsection, section 1032 derivative items of a corporation shall not be taken into account in determining such corporation's liability for tax under this subtitle. ``(2) Income recognition on certain forward contracts.-- ``(A) In general.--If-- ``(i) a corporation acquires its stock, and ``(ii) such acquisition is part of a plan (or series of related transactions) pursuant to which the corporation enters into a forward contract with respect to its stock, such corporation shall include amounts in income as if the excess of the amount to be received under the forward contract over the fair market value of the stock as of the date the corporation entered into the forward contract were original issue discount on a debt instrument acquired on such date. The preceding sentence shall apply only to the extent that the amount of stock involved in the forward contract does not exceed the amount acquired as described in clause (i). ``(B) Plan presumed to exist.--If a corporation enters into a forward contract with respect to its stock within the 60-day period beginning on the date which is 30 days before the date that the corporation acquires its stock, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that entering into such contract and such acquisition are not pursuant to a plan or series of related transactions. ``(c) Section 1032 Derivative Items.--For purposes of this section, the term `section 1032 derivative item' means, with respect to any corporation, any item of income, gain, loss, or deduction if-- ``(1) such item arises out of the rights or obligations under any derivative (as defined in section 493) to the extent such derivative relates to the corporation's stock (or is attributable to any transfer or extinguishment of any such right or obligation), or ``(2) such item arises under any other contract or position but only to the extent that such item reflects (or is determined by reference to) changes in the value of such stock or distributions thereon. Such term shall not include any deduction with respect to which section 83(h) applies and shall not include any deduction for any item which is in the nature of compensation for services rendered. For purposes of this subparagraph, de minimis relationships, as determined by the Secretary, shall be disregarded. ``(d) Coordination With Derivative and Straddle Rules.--In the case of a derivative or other contract or position described in subsection (c) which is held by a corporation with respect to its stock-- ``(1) this section (rather than part IV of subchapter E or section 1092) shall apply in determining the treatment of section 1032 derivative items under this subtitle, and ``(2) such derivative or other contract or position shall not be taken into account in determining whether the corporation has an investment hedging unit, applicable property interest, or straddle with respect to its stock for purposes of such part or section. ``(e) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out the purposes of this section, including regulations or other guidance which treat the portion of an instrument which is described in subsection (c)(1) separately from the portion of such instrument which is not so described. ``(f) Basis.--For basis of property acquired by a corporation in certain exchanges for its stock, see section 362.''. (2) Clerical amendment.--The item relating to section 1032 in the table of sections for part III of subchapter O of chapter 1 is amended to read as follows: ``Sec. 1032. Transactions by a corporation with respect to its stock.''. (3) Effective date.--The amendments made by this subsection shall apply to transactions entered into after the date of the enactment of this Act. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Repeal of Certain Other Superceded Rules for Determining Capital Gains and Losses.-- (1) In general.--Part IV of subchapter P of chapter 1 is amended by striking sections 1233, 1234, 1234A, 1234B, 1236, 1256, 1258, 1259, and 1260 (and by striking the items relating to such sections in the table of sections for such part). (2) Conforming amendments related to repeal of section 1234.--Section 6045(h)(2) is amended-- (A) by striking ``(as defined in section 1234(b)(2)(A))'', and (B) by adding at the end the following: ``For purposes of the preceding sentence, the term `closing transaction' means any termination of the taxpayer's obligation under an option in property other than through the exercise or lapse of the option.''. (3) Conforming amendments related to repeal of section 1236.-- (A) Section 475(d)(3)(A) is amended by striking ``or section 1236(b)''. (B) Section 512(b)(5) is amended by striking ``section 1236(c)'' and inserting ``section 1058(c)''. (C) Section 1058 is amended-- (i) by striking ``(as defined in section 1236(c))'' in subsection (a), and (ii) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Securities.--For purposes of this section, the term `security' means any share of stock in any corporation, certificate of stock or interest in any corporation, note, bond, debenture, or evidence of indebtedness, or any evidence of an interest in or right to subscribe to or purchase any of the foregoing.''. (4) Conforming amendments related to repeal of section 1256.-- (A) Section 461(i)(3)(B) is amended to read as follows: ``(B) any partnership or other entity (other than a corporation which is not an S corporation) if more than 35 percent of the losses of such entity during the taxable year are allocable to limited partners or limited entrepreneurs (within the meaning of subsection (k)(4)), and''. (B) Section 475(d)(1) is amended by striking ``sections 263(g), 263A, and 1256(a)'' and inserting ``sections 263(g) and 263A''. (C) Section 988(c)(1) is amended by striking subparagraphs (D) and (E). (D) Section 1212 is amended by striking subsection (c). (E) Section 1223 is amended by striking paragraphs (7) and (14). (F) Section 1281(b)(1)(E) is amended to read as follows: ``(E) is part of a hedging transaction (as defined in section 1221(b)) or an investment hedging unit (as defined in section 492), or''. (G) Section 1402 is amended by striking subsection (i). (H) Section 4982(e)(6)(B) is amended by striking ``sections 1256 and 1296'' and inserting ``sections 491 and 1296''. (5) Conforming amendments related to repeal of section 1259.--Section 475(f)(1) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (b) Other Conforming Amendments.-- (1) Section 355(g)(2)(B)(i)(V) is amended to read as follows: ``(V) any derivative (as defined in section 493),''. (2) Section 856(n)(4) is amended by inserting ``or derivatives (as defined in section 493)'' after ``securities (as defined in section 475(c)(2))''. (3) Section 857(e)(2)(C)(i) is amended by striking ``section 860E or 1272'' and inserting ``section 491, 860E, or 1272''. (4) Section 988(d)(1) is amended-- (A) by striking ``or 1256'' and inserting ``or 491'', and (B) by striking ``1092, and 1256'' and inserting ``491, and 1092''. (5) Section 1091(e) is amended to read as follows: ``(e) Coordination With Mark to Market of Derivatives and Underlying Investments.--For purposes of this section, the term `stock or securities' shall not include-- ``(1) any derivative (as defined in section 493), or ``(2) any underlying investment (as defined in section 492(e)(1)) which, at the time of the sale or other disposition, is part of an investment hedging unit (as defined in section 492).''. (6)(A) Section 1221(a)(6) is amended to read as follows: ``(6) any-- ``(A) derivative (as defined in section 493), or ``(B) any underlying investment (as defined in section 492(e)(1)) which is part of an investment hedging unit (as defined in section 492),''. (B) Section 1221(b) is amended by striking paragraph (1). (7) Section 4975(f)(11)(D) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) Security.--The term `security' means any security described in section 475(c)(2) (without regard to subparagraph (D)(iii) thereof) and any derivative with respect to such a security (within the meaning of section 493). ``(ii) Commodity.--The term `commodity' means any commodity described in section 475(e)(2) (without regard to subparagraph (B)(iii) thereof) and any derivative with respect to such a commodity (within the meaning of section 493).''. (8) The table of parts for subchapter E of chapter 1 is amended by adding at the end the following new item: ``Part IV. Tax Treatment of Derivatives and Similar Contracts''. SEC. 5. EFFECTIVE DATES. (a) In General.--Except as provided in this Act-- (1) the amendments made by section 2 shall apply to taxable events occurring after the 90-day period beginning with the date of the enactment of this Act, in taxable years ending after the last day of such period, and (2) the amendments made by sections 3 and 4 shall apply to derivatives and underlying investments held after the last day of such period. (b) Identification Requirements.--If, as of the close of the 90-day period described in subsection (a)(1), a taxpayer simultaneously holds 1 or more derivatives with respect to an underlying investment and the underlying investment-- (1) the taxpayer shall make the identifications required under section 492(c)(2) of Internal Revenue Code of 1986 (as added by section 2 of this Act) before the close of such period, and (2) if such identifications result in an investment hedging unit, the first applicable hedging period with respect to such unit shall begin on the day after the close of such period. (c) Definitions.--For purposes of this section, any term used in this section which is also used in part IV of subchapter E of chapter 1 of such Code (as so added) shall have the same meaning as when used in such part. <all>

Modernization of Derivatives Tax Act of 2021

A bill to amend the Internal Revenue Code of 1986 to modernize the tax treatment of derivatives and their underlying investments, and for other purposes.

Modernization of Derivatives Tax Act of 2021

Sen. Wyden, Ron

D

OR

H.R.3002

Transportation and Public Works

This bill requires Amtrak to include the adoption of a repair-in-place method for any track maintenance or rehabilitation as part of its regional maintenance plan.

To amend title 49, United States Code, to require Amtrak to adopt the repair-in-place method for track maintenance and rehabilitation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPAIR-IN-PLACE. Section 24305(b) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following: ``(5) the adoption of the repair-in-place method for any track maintenance or rehabilitation;''. <all>

To amend title 49, United States Code, to require Amtrak to adopt the repair-in-place method for track maintenance and rehabilitation, and for other purposes.

To amend title 49, United States Code, to require Amtrak to adopt the repair-in-place method for track maintenance and rehabilitation, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title 49, United States Code, to require Amtrak to adopt the repair-in-place method for track maintenance and rehabilitation, and for other purposes.

Rep. Torres, Ritchie

D

NY

H.R.7391

International Affairs

Accountability for Cryptocurrency in El Salvador Act or ACES Act This bill requires the Department of State to devise and implement a plan to mitigate any potential risk to the U.S. financial system posed by the adoption of a cryptocurrency as legal tender in El Salvador and any other country that uses the U.S. dollar as legal tender. The State Department must report to Congress on this plan and on various issues relating to El Salvador's adoption of Bitcoin as legal tender.

To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Cryptocurrency in El Salvador Act'' or ``ACES Act''. SEC. 2. REPORTS ON ADOPTION OF CRYPTOCURRENCY AS LEGAL TENDER IN EL SALVADOR. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the adoption by the Government of El Salvador of a cryptocurrency as legal tender. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the process followed by the Government of El Salvador to develop and enact the Bitcoin Law (Legislative Decree No. 57, Official Record No. 110, Volume 431, enacted June 9, 2021), which provides the cryptocurrency, Bitcoin, with legal tender status in El Salvador. (2) An assessment of-- (A) the regulatory framework in El Salvador with respect to the adoption of a cryptocurrency as legal tender and the technical capacity of El Salvador to effectively mitigate the financial integrity and cyber security risks associated with virtual-asset transactions; (B) whether the regulatory framework in El Salvador meets the requirements of the Financial Action Task Force with respect to virtual-asset transactions; (C) the impact on individuals and businesses of requiring tender of Bitcoin; and (D) the impact of such adoption of a cryptocurrency on-- (i) the macroeconomic stability and public finances of El Salvador, including taxation; (ii) the rule of law and democratic governance in El Salvador; (iii) the unbanked population in El Salvador; (iv) the flow of remittances from the United States to El Salvador; (v) El Salvador's relations with multilateral financial institutions, such as the International Monetary Fund and the Word Bank; (vi) bilateral and international efforts to combat transnational illicit activities; (vii) El Salvador's bilateral economic and commercial relationship with the United States and the potential for reduced use by El Salvador of the United States dollar; and (viii) existing United States sanctions frameworks and the potential for the use of cryptocurrency to circumvent such sanctions. (3) A description of the internet infrastructure of El Salvador and an assessment of-- (A) the degree to which cryptocurrency is used in El Salvador; (B) matters relating to chain of custody and the potential for hacking and cybertheft of cryptocurrency; and (C) access to transparent and affordable internet and digital infrastructure among the unbanked population of El Salvador. (c) Plan To Mitigate Risks to United States Financial System Posed by Adoption of Cryptocurrency as Legal Tender in Certain Countries.-- (1) In general.--Not later than 90 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a plan to mitigate any potential risk to the United States financial system posed by the adoption of a cryptocurrency as legal tender in-- (A) El Salvador; and (B) any other country that uses the United States dollar as legal tender. (2) Implementation.--Not later than 30 days after the date on which the plan is submitted under paragraph (1), the Secretary of State shall commence implementation of the plan. (d) Subsequent Report.--Not later than 270 days after the submittal of the report required by subsection (a), the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress an updated version of such report, including a description of any significant development related to the risks to the United States financial system posed by the use of a cryptocurrency as legal tender in El Salvador. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. <all>

ACES Act

To require reports on the adoption of a cryptocurrency as legal tender in El Salvador, and for other purposes.

ACES Act Accountability for Cryptocurrency in El Salvador Act

Rep. Torres, Norma J.

D

CA

S.1019

Health

Baby Food Safety Act of 2021 This bill imposes certain safety requirements on infant and toddler food. The bill establishes maximum levels of certain toxic elements (cadmium, and lead, mercury, and inorganic arsenic) allowable in infant and toddler food, defined as food intended to be sold for children up to 36 months old. The Food and Drug Administration (FDA) shall periodically review and, if necessary, further lower these levels. The FDA may also establish limits on other toxic elements upon review of relevant health and dietary data. Furthermore, facilities that manufacture, process, pack, or hold infant and toddler food must have certain controls and plans to ensure that their food complies with the limits on toxic elements established by this bill. Such facilities shall also make publicly available certain information, including results from tests for toxic elements in their infant and toddler foods. The bill also expands the FDA's authority to require a recall of adulterated or misbranded food to include infant and toddler food that exceeds limits on toxic elements. The Centers for Disease Control shall carry out a public awareness campaign about the risks of toxic elements in infant and toddler food. The FDA shall commission research on agricultural methods that minimize levels of toxic heavy metals in crops.

To amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baby Food Safety Act of 2021''. SEC. 2. DEFINITION OF INFANT AND TODDLER FOOD. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `infant and toddler food' means food intended for sale to children up to 36 months of age, including infant formula.''. SEC. 3. INFANT AND TODDLER FOOD HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS. (a) Preventive Controls.--Section 418(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(c)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) the infant and toddler foods manufactured, processed, packed, or held by such facility will comply with the performance standards and action levels for toxic elements in infant and toddler foods required under section 104 of the FDA Food Safety Modernization Act.''. (b) Verification.--Paragraph (4) of section 418(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(f)) is amended to read as follows: ``(4) the preventive controls implemented under subsection (c) are effectively and significantly minimizing or preventing the occurrence of identified hazards, including through the use of environmental and product testing programs and other appropriate means, including representative testing by manufacturers of infant and toddler foods that are finished products; and''. (c) Biannual Reporting.--Section 418(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g(h)) is amended by adding at the end the following: ``The owner, operator, or agent in charge of a facility that manufactures infant and toddler foods shall make publicly available on a web page a biannual report summarizing the results of monitoring under subsection (d), and verification results under subsection (f), with respect to such facility and infant and toddler foods.''. SEC. 4. INFANT AND TODDLER FOOD ACTION LEVELS. (a) Performance Standard Guidance Documents and Regulations.-- Section 104(b) of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``reduce the risk of serious illness or death'' and inserting ``reduce the risk of serious illness, including neurological impairment, or death''; and (2) in paragraph (1), by inserting ``and toxic elements in infant and toddler foods'' before the semicolon. (b) Action Levels.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201) is amended by adding at the end the following: ``(e) Action Levels.-- ``(1) In general.--Beginning not later than 1 year after the date of enactment of the Baby Food Safety Act of 2021, infant and toddler food is deemed to be adulterated if it meets or exceeds the action level or regulatory limit that is applicable with respect to such food under this subsection. ``(2) Initial levels.--The initial action levels under this subsection are the following: ------------------------------------------------------------------------ ``Toxic Element Action Level ------------------------------------------------------------------------ Inorganic arsenic............ 10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Cadmium...................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Lead......................... 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal ------------------------------------------------------------------------ Mercury...................... 2 ppb ------------------------------------------------------------------------ ``(3) Interim action levels.--Not later than 2 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall-- ``(A) review relevant health and dietary data; and ``(B) by guidance, lower the initial action levels established by paragraph (2) to further minimize exposure to toxic elements in infant and toddler food to further reduce potential clinical or population- level health effects as indicated by the Secretary's review of relevant health and dietary data. ``(4) Final regulatory limits; periodic review.--The Secretary shall-- ``(A) not later than 3 years after the date of enactment of the Baby Food Safety Act of 2021, by regulation set regulatory limits lower than the action levels established by paragraphs (2) and (3) to levels protective of infant and toddler neurological development, taking into account the most sensitive testing available; and ``(B) every 5 years thereafter-- ``(i) review the levels established under this subsection to consider whether such levels should be lowered further consistent with the standard described in subparagraph (A); and ``(ii) if so, by regulation so lower such levels. ``(5) Toxic elements.--The Secretary may by guidance or regulation, as applicable, establish interim action levels and regulatory limits for toxic elements in infant and toddler food in addition to the toxic elements specified in the table in paragraph (2) if determined by the Secretary to be appropriate upon review of relevant health and dietary data. ``(6) Progress reports.--Not later than 1 year, 2 years, and 3 years after the date of enactment of the Baby Food Safety Act of 2021, the Secretary shall submit a report to the Congress containing-- ``(A) a summary of progress towards establishing the required levels under this subsection; ``(B) an evaluation of the effectiveness of preventive controls for infant and toddler food based on monitoring results and verification results under section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) compared to levels under this subsection; and ``(C) an estimate of progress in reducing the cumulative exposure of children to toxic elements in infant and toddler food.''. (c) Definition.--Section 104 of the FDA Food Safety Modernization Act (21 U.S.C. 2201(b)), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(f) Infant and Toddler Food Defined.--In this section, the term `infant and toddler food' has the meaning given to such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. (d) Mandatory Recall Authority.--Section 423(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350l(a)) is amended-- (1) by striking ``(other than infant formula)''; and (2) by inserting after ``animals,'' the following: ``or the Secretary determines that an article of infant and toddler food contains a toxic element that meets or exceeds the action level applicable under subsection (e) of section 104 of the FDA Food Safety Modernization Act,''. (e) Public Awareness Campaign.--Section 1009 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) after executing the amendment made by paragraph (1), by inserting after subsection (g) the following: ``(h) Baby Food Public Awareness Campaign.--The Secretary, acting through the Director of the Centers for Disease Control, shall carry out a public awareness campaign to highlight the risks posed by toxic elements in infant and toddler food and make recommendations to the public with respect to such toxic elements and food.''. (f) Grants for Farming Research.--Section 401 of the FDA Food Safety Modernization Act (Public Law 111-353; 124 Stat. 3967) is amended by adding the end the following: ``(c) Grants for Farming Research.-- ``(1) In general.--The Commissioner of Food and Drugs shall commission the National Academy of Sciences (or, if the National Academy declines, another appropriate entity) to conduct research on agricultural methods of minimizing levels of toxic heavy metals in crops. ``(2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $50,000,000.''. <all>

Baby Food Safety Act of 2021

A bill to amend the Federal Food, Drug, and Cosmetic Act to limit the presence of toxic elements in, and otherwise regulate, infant and toddler food, and for other purposes.

Baby Food Safety Act of 2021

Sen. Klobuchar, Amy

D

MN

H.R.2738

Crime and Law Enforcement

Fourth Amendment Is Not For Sale Act This bill generally prohibits law enforcement and intelligence agencies from obtaining U.S. customer or subscriber records or any illegitimately obtained information from a third party in exchange for anything of value (e.g., purchasing such information). Records or information obtained in violation of this bill are inadmissible as evidence in any trial, hearing, or other legal proceeding.

To amend section 2702 of title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value, to address communications and records in the possession of intermediary internet service providers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fourth Amendment Is Not For Sale Act''. SEC. 2. PROTECTION OF RECORDS HELD BY DATA BROKERS. Section 2702 of title 18, United States Code, is amended by adding at the end the following: ``(e) Prohibition on Obtaining in Exchange for Anything of Value Certain Records and Information by Law Enforcement and Intelligence Agencies.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered customer or subscriber record' means a covered record that is-- ``(i) disclosed to a third party by-- ``(I) a provider of an electronic communication service to the public or a provider of a remote computing service of which the covered person with respect to the covered record is a subscriber or customer; or ``(II) an intermediary service provider that delivers, stores, or processes communications of such covered person; ``(ii) collected by a third party from an online account of a covered person; or ``(iii) collected by a third party from or about an electronic device of a covered person; ``(B) the term `covered person' means-- ``(i) a person who is located inside the United States; or ``(ii) a person-- ``(I) who is located outside the United States or whose location cannot be determined; and ``(II) who is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); ``(C) the term `covered record' means a record or other information that-- ``(i) pertains to a covered person; and ``(ii) is-- ``(I) a record or other information described in the matter preceding paragraph (1) of subsection (c); ``(II) the contents of a communication; or ``(III) location information; ``(D) the term `electronic device' has the meaning given the term `computer' in section 1030(e); ``(E) the term `illegitimately obtained information' means a covered record that-- ``(i) was obtained-- ``(I) from a provider of an electronic communication service to the public or a provider of a remote computing service in a manner that-- ``(aa) violates the service agreement between the provider and customers or subscribers of the provider; or ``(bb) is inconsistent with the privacy policy of the provider; ``(II) by deceiving the covered person whose covered record was obtained; or ``(III) through the unauthorized accessing of an electronic device or online account; or ``(ii) was-- ``(I) obtained from a provider of an electronic communication service to the public, a provider of a remote computing service, or an intermediary service provider; and ``(II) collected, processed, or shared in violation of a contract relating to the covered record; ``(F) the term `intelligence community' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003); ``(G) the term `location information' means information derived or otherwise calculated from the transmission or reception of a radio signal that reveals the approximate or actual geographic location of a customer, subscriber, or device; ``(H) the term `obtain in exchange for anything of value' means to obtain by purchasing, to receive in connection with services being provided for consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee; ``(I) the term `online account' means an online account with an electronic communication service to the public or remote computing service; ``(J) the term `pertain', with respect to a person, means-- ``(i) information that is linked to the identity of a person; or ``(ii) information-- ``(I) that has been anonymized to remove links to the identity of a person; and ``(II) that, if combined with other information, could be used to identify a person; and ``(K) the term `third party' means a person who-- ``(i) is not a governmental entity; and ``(ii) in connection with the collection, disclosure, obtaining, processing, or sharing of the covered record at issue, was not acting as-- ``(I) a provider of an electronic communication service to the public; or ``(II) a provider of a remote computing service. ``(2) Limitation.-- ``(A) In general.--A law enforcement agency of a governmental entity and an element of the intelligence community may not obtain from a third party in exchange for anything of value a covered customer or subscriber record or any illegitimately obtained information. ``(B) Indirectly acquired records and information.--The limitation under subparagraph (A) shall apply without regard to whether the third party possessing the covered customer or subscriber record or illegitimately obtained information is the third party that initially obtained or collected, or is the third party that initially received the disclosure of, the covered customer or subscriber record or illegitimately obtained information. ``(3) Limit on sharing between agencies.--An agency of a governmental entity that is not a law enforcement agency or an element of the intelligence community may not provide to a law enforcement agency of a governmental entity or an element of the intelligence community a covered customer or subscriber record or illegitimately obtained information that was obtained from a third party in exchange for anything of value. ``(4) Prohibition on use as evidence.--A covered customer or subscriber record or illegitimately obtained information obtained by or provided to a law enforcement agency of a governmental entity or an element of the intelligence community in violation of paragraph (2) or (3), and any evidence derived therefrom, may not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. ``(5) Minimization procedures.-- ``(A) In general.--The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and prohibit the dissemination, of information pertaining to a covered person that is acquired in violation of paragraph (2) or (3). ``(B) Use by agencies.--If a law enforcement agency of a governmental entity or element of the intelligence community acquires information pertaining to a covered person in violation of paragraph (2) or (3), the law enforcement agency of a governmental entity or element of the intelligence community shall minimize the acquisition and retention, and prohibit the dissemination, of the information in accordance with the procedures adopted under subparagraph (A).''. SEC. 3. REQUIRED DISCLOSURE. Section 2703 of title 18, United States Code, is amended by adding at the end the following: ``(i) Covered Customer or Subscriber Records and Illegitimately Obtained Information.-- ``(1) Definitions.--In this subsection, the terms `covered customer or subscriber record', `illegitimately obtained information', and `third party' have the meanings given such terms in section 2702(e). ``(2) Limitation.--Unless a governmental entity obtains an order in accordance with paragraph (3), the governmental entity may not require a third party to disclose a covered customer or subscriber record or any illegitimately obtained information if a court order would be required for the governmental entity to require a provider of remote computing service or a provider of electronic communication service to the public to disclose such a covered customer or subscriber record or illegitimately obtained information that is a record of a customer or subscriber of the provider. ``(3) Orders.-- ``(A) In general.--A court may only issue an order requiring a third party to disclose a covered customer or subscriber record or any illegitimately obtained information on the same basis and subject to the same limitations as would apply to a court order to require disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider. ``(B) Standard.--For purposes of subparagraph (A), a court shall apply the most stringent standard under Federal statute or the Constitution of the United States that would be applicable to a request for a court order to require a comparable disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider.''. SEC. 4. INTERMEDIARY SERVICE PROVIDERS. (a) Definition.--Section 2711 of title 18, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) the term `intermediary service provider' means an entity or facilities owner or operator that directly or indirectly delivers, stores, or processes communications for or on behalf of a provider of electronic communication service to the public or a provider of remote computing service.''. (b) Prohibition.--Section 2702(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(4) an intermediary service provider shall not knowingly divulge-- ``(A) to any person or entity the contents of a communication while in electronic storage by that provider; or ``(B) to any governmental entity a record or other information pertaining to a subscriber to or customer of, a recipient of a communication from a subscriber to or customer of, or the sender of a communication to a subscriber to or customer of, the provider of electronic communication service to the public or the provider of remote computing service for, or on behalf of, which the intermediary service provider directly or indirectly delivers, transmits, stores, or processes communications.''. SEC. 5. LIMITS ON SURVEILLANCE CONDUCTED FOR FOREIGN INTELLIGENCE PURPOSES OTHER THAN UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) In General.--Section 2511(2)(f) of title 18, United States Code, is amended to read as follows: ``(f)(i)(A) Nothing contained in this chapter, chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934 (47 U.S.C. 151 et seq.) shall be deemed to affect an acquisition or activity described in clause (B) that is carried out utilizing a means other than electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(B) An acquisition or activity described in this clause is-- ``(I) an acquisition by the United States Government of foreign intelligence information from international or foreign communications that-- ``(aa) is acquired pursuant to express statutory authority; or ``(bb) only includes information of persons who are not United States persons and are located outside the United States; or ``(II) a foreign intelligence activity involving a foreign electronic communications system that-- ``(aa) is conducted pursuant to express statutory authority; or ``(bb) only involves the acquisition by the United States Government of information of persons who are not United States persons and are located outside the United States. ``(ii) The procedures in this chapter, chapter 121, and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted.''. (b) Exclusive Means Related to Communications Records.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic communications transactions records, call detail records, or other information from communications of United States persons or persons inside the United States are acquired for foreign intelligence purposes inside the United States or from a person or entity located in the United States that provides telecommunications, electronic communication, or remote computing services. (c) Exclusive Means Related to Location Information, Web Browsing History, and Internet Search History.-- (1) Definition.--In this subsection, the term ``location information'' has the meaning given that term in subsection (e) of section 2702 of title 18, United States Code, as added by section 2 of this Act. (2) Exclusive means.--Title I and sections 303, 304, 703, 704, and 705 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by which location information, web browsing history, and internet search history of United States persons or persons inside the United States are acquired for foreign intelligence purposes inside the United States or from a person or entity located in the United States. (d) Exclusive Means Related to Fourth Amendment-Protected Information.--Title I and sections 303, 304, 703, 704, and 705 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by which any information, records, data, or tangible things are acquired for foreign intelligence purposes from a person or entity located in the United States if the compelled production of such information, records, data, or tangible things would require a warrant for law enforcement purposes. (e) Definition.--In this section, the term ``United States person'' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). SEC. 6. LIMIT ON CIVIL IMMUNITY FOR PROVIDING INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE TO THE GOVERNMENT ABSENT A COURT ORDER. Section 2511(2)(a) of title 18, United States Code, is amended-- (1) in subparagraph (ii), by striking clause (B) and inserting the following: ``(B) a certification in writing-- ``(I) by a person specified in section 2518(7) or the Attorney General of the United States; ``(II) that the requirements for an emergency authorization to intercept a wire, oral, or electronic communication under section 2518(7) have been met; and ``(III) that the specified assistance is required,''; and (2) by striking subparagraph (iii) and inserting the following: ``(iii) For assistance provided pursuant to a certification under subparagraph (ii)(B), the limitation on causes of action under the last sentence of the matter following subparagraph (ii)(B) shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied, the time the communication sought was obtained, or 48 hours after the interception began.''. <all>

Fourth Amendment Is Not For Sale Act

To amend section 2702 of title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value, to address communications and records in the possession of intermediary internet service providers, and for other purposes.

Fourth Amendment Is Not For Sale Act

Rep. Nadler, Jerrold

D

NY

H.R.6222

Immigration

Protecting Immigrants From Legal Exploitation Act of 2021 This bill establishes that certain acts of immigration-related fraud shall be punished by fines, imprisonment, or both. The bill provides for such punishment for a person who knowingly or recklessly executes a scheme or artifice in a matter arising under immigration law to (1) defraud any person; or (2) obtain anything of value from any person through false pretenses, representations, or promises. A person who knowingly and falsely represents that such person is an attorney or accredited representative in any matter arising under immigration law shall be subject to such punishment. The Department of Justice (DOJ) may seek civil injunctions to stop an immigration service provider from further engaging in fraudulent conduct or willfully misrepresenting the provider's authority to provide representation in immigration matters. An alien who left the United States based on erroneous advice from a person engaged in immigration practitioner fraud or the unauthorized practice of law shall not be barred from reentering the country. An alien may withdraw an application for immigration benefits that was prepared or submitted by an individual engaging in immigration practitioner fraud or the unauthorized practice of law, if the alien had no prior knowledge of the individual's fraudulent or unauthorized status. The Department of Homeland Security (DHS), the Department of State, and DOJ shall develop procedures for allowing such an alien to submit corrected filings. DHS and DOJ shall establish a program to provide grants to eligible nonprofit organizations to provide direct legal services to aliens.

To provide for punishments for immigration-related fraud, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Immigrants From Legal Exploitation Act of 2021''. SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Schemes to provide fraudulent immigration services ``(a) In General.--Any person who knowingly or recklessly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to-- ``(1) defraud any person; or ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``1041. Schemes to provide fraudulent immigration services.''. SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) Regulations, Forms, and Procedures.--The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which-- (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. (b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. (c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by a preponderance of the evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. (d) Regulations Implementing Contempt Authority of Immigration Judges.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations implementing the contempt authority for immigration judges provided by section 240(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (c) Availability.--The Attorney General shall, to the extent practicable, make publicly available information regarding fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens available-- (1) at appropriate offices that provide services or information to aliens; and (2) through websites that are-- (A) maintained by the Attorney General; and (B) intended to provide information regarding immigration matters to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. (e) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. <all>

Protecting Immigrants From Legal Exploitation Act of 2021

To provide for punishments for immigration-related fraud, and for other purposes.

Protecting Immigrants From Legal Exploitation Act of 2021

Rep. Foster, Bill

D

IL

S.3241

Law

Homeland and Cyber Threat Act or the HACT Act This bill allows claims in federal or state court against foreign states that conduct or participate in cyberattacks against U.S. nationals.

To amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland And Cyber Threat Act'' or the ``HACT Act''. SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following: ``Sec. 1605C. Computer intrusions by a foreign state ``A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state: ``(1) Unauthorized access to or access exceeding authorization to a computer located in the United States. ``(2) Unauthorized access to confidential, electronic stored information located in the United States. ``(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization. ``(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3). ``(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: ``1605C. Computer intrusions by a foreign state.''. (c) Application.--This Act and the amendments made by this Act shall apply to any action pending on or filed on or after the date of the enactment of this Act. <all>

HACT Act

A bill to amend title 28, United States Code, to allow claims against foreign states for unlawful computer intrusion, and for other purposes.

HACT Act Homeland And Cyber Threat Act

Sen. Kennedy, John

R

LA

S.5163

Environmental Protection

Protecting Communities from Plastics Act This bill sets forth a variety of requirements and incentives to reduce the production and use of plastics and other petrochemicals, including by directing the Environmental Protection Agency to place a temporary pause on certain new permits for petrochemical facilities under the Clean Air Act and the Clean Water Act.

To require the Administrator of the Environmental Protection Agency to carry out certain activities to protect communities from the harmful effects of plastics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Communities from Plastics Act''. SEC. 2. FINDINGS. Congress finds that-- (1) plastics production is exacerbating the climate crisis and driving environmental injustice in vulnerable communities located near petrochemical facilities; (2) plastics production is on track to double in the decade following the date of enactment of this Act, locking in harmful emissions for decades; (3) plastics and other petrochemicals are forecasted to become the largest driver of oil and hydraulically fractured gas demand by 2050; (4) some studies have projected that the plastics industry will emit more greenhouse gas emissions than coal plants in the United States by 2030; (5) petrochemical facilities that produce plastics are more likely to be located in low-income communities and communities of color, disproportionately exposing those communities to harmful pollutants; (6) plastics production and certain disposal facilities pollute surrounding communities with chemicals that are known to cause cancer, birth defects, and other serious illnesses; (7) transitioning off fossil fuels for power generation and transportation only to replace that demand with more fossil fuel-based plastics production is not a viable strategy and fails to protect communities; (8) plastics carry impacts throughout their lifecycles, including the impacts of-- (A) oil and gas extraction; (B) plastics refining, manufacturing, and certain methods of disposal; and (C) plastics pollution that ends up in communities and in the environment, where the degrading plastics leach chemical additives and emit greenhouse gases; (9) addressing the plastics crisis requires a shift away from single-use plastics in nonessential settings; and (10) technologies that convert plastics to fuel, use plastics for energy generation, generate feedstocks for the chemical industry, or produce hazardous waste and toxic air pollution are not a sustainable solution to the plastics crisis. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Plastic.-- (A) In general.--The term ``plastic'' means a synthetic or semisynthetic material that-- (i) is synthesized by the polymerization of organic substances; and (ii) is capable of being shaped into various rigid and flexible forms. (B) Inclusions.--The term ``plastic'' includes coatings and adhesives described in subparagraph (A). (C) Exclusions.--The term ``plastic'' does not include-- (i) natural rubber; or (ii) naturally occurring polymers, such as proteins or starches. (3) Reusable; refillable; reuse; refill.--The terms ``reusable'', ``refillable'', ``reuse'', and ``refill'' mean-- (A) with respect to packaging or food service ware that is reused or refilled by a producer, that the packaging or food service ware is-- (i) explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product, or for another purposeful packaging use in a supply chain; (ii) designed for durability to function properly in its original condition for multiple cycles; (iii) composed of materials that do not contain-- (I) toxic heavy metals; (II) pathogens; (III) additives; or (IV) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2605(b)(1)), including the chemicals or mixtures of chemicals described in section 4(g)(3); (iv) supported by adequate infrastructure to ensure the packaging or food service ware can be conveniently and safely reused or refilled for multiple cycles; and (v) repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles; and (B) with respect to packaging or food service ware that is reused or refilled by a consumer, that the packaging or food service ware is-- (i) explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product; (ii) designed for durability to function properly in its original condition for multiple cycles; (iii) composed of materials that do not contain-- (I) toxic heavy metals; (II) pathogens; (III) additives; or (IV) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2605(b)(1)), including the chemicals or mixtures of chemicals described in section 4(g)(3); and (iv) supported by adequate and convenient availability of, and retail infrastructure for, bulk or large format packaging that may be refilled to ensure the packaging or food service ware can be conveniently and safely reused or refilled by the consumer for multiple cycles, as needed. (4) Single-use plastic.-- (A) In general.--The term ``single-use plastic'' means a plastic product or packaging that-- (i) is routinely disposed of, recycled, or otherwise discarded after a single use; or (ii) is not sufficiently durable or washable to be, or is not intended to be, reusable or refillable. (B) Exclusions.--The term ``single-use plastic'' does not include-- (i) medical equipment, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; (ii) packaging that is-- (I) for any product described in clause (i) that is determined by the Secretary of Health and Human Services to necessarily be used for the protection of public health or for people with disabilities; or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (iii) personal hygiene products that, due to the intended use of the products, could become unsafe or unsanitary to recycle, such as diapers. SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COVERED FACILITIES. (a) Definitions.--In this section: (1) Community of color.--The term ``community of color'' means a geographically distinct area in which the percentage of the population of the community represented by people of color is higher than the percentage of the population of the State represented by people of color. (2) Consultation.--The term ``consultation'' means the meaningful and timely process of-- (A) seeking, discussing, and carefully considering the views of fenceline communities in a manner that is cognizant of the values of all parties; and (B) when feasible, seeking agreement among the parties. (3) Covered facility.--The term ``covered facility'' means-- (A) an industrial facility that transforms petrochemical gas and liquids into ethylene and propylene for later conversion into plastic polymers; (B) an industrial facility that transforms ethylene and propylene into any other chemical for later conversion into plastic polymers; (C) a plastic polymerization or polymer production facility; (D) an industrial facility that depolymerizes or otherwise breaks down plastic polymers into chemical feedstocks for use in new products or as fuel; (E) an industrial facility that converts, including through pyrolysis or gasification, plastic polymers into chemical feedstocks; and (F) an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology, an incinerator, or other similar technology, as determined by the Administrator. (4) Covered product.--The term ``covered product'' means-- (A) ethylene; (B) propylene; and (C) raw plastic materials in any form, including pellets, resin, nurdles, powder, and flakes, including-- (i) polyethylene terephthalate (commonly referred to as ``PET''); (ii) high density polyethylene (commonly referred to as ``HDPE''); (iii) low density polyethylene (commonly referred to as ``LDPE''); (iv) polypropylene (commonly referred to as ``PP''); (v) polyvinyl chloride (commonly referred to as ``PVC''); (vi) polystyrene (commonly referred to as ``PS''); and (vii) any other plastic polymer determined to be appropriate by the Administrator. (5) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that-- (A) communities of color, indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement; (B) no community of color, indigenous community, or low-income community is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and (C) the 17 principles described in the document entitled ``The Principles of Environmental Justice'', written and adopted at the First National People of Color Environmental Leadership Summit held on October 24 through 27, 1991, in Washington, DC, are upheld. (6) Fenceline community.-- (A) In general.--The term ``fenceline community'' means a community located near a covered facility that has experienced systemic socioeconomic disparities or other forms of injustice. (B) Inclusions.--The term ``fenceline community'' includes a low-income community, an indigenous community, and a community of color. (7) Fenceline monitoring.--The term ``fenceline monitoring'' means continuous, real-time monitoring of ambient air quality around the entire perimeter of a facility. (8) Indigenous community.--The term ``indigenous community'' means-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; and (D) any other community of indigenous people, including communities in other countries. (9) Limited english proficiency individual.--The term ``limited English proficiency individual'' means an individual that-- (A) does not speak English as their primary language; or (B) has a limited ability to read, speak, write, or understand English. (10) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (11) Material recovery facility.--The term ``material recovery facility'' means a solid waste management facility that processes materials for reuse or recycling. (12) Meaningful.--The term ``meaningful'', with respect to involvement by the public in a determination by a Federal agency, means that-- (A) potentially affected residents of a community have an appropriate opportunity to participate in decisions relating to a proposed activity that will affect the environment or public health of the community; (B) the public contribution can influence the determination by the Federal agency; (C) the concerns of all participants involved are taken into consideration in the decision-making process; and (D) the Federal agency-- (i) provides to potentially affected members of the public accurate information, including identifying limited English proficiency individuals who need language assistance, implementing accessible language assistance measures, and providing notice to limited English proficiency individuals for effective engagement in decisions; and (ii) facilitates the involvement of potentially affected members of the public. (13) Temporary pause period.--The term ``temporary pause period'' means the period-- (A) beginning on the date of enactment of this Act; and (B) ending on the date that is the first date on which-- (i) all regulations and final rules required under subsections (d), (e), and (f) are in effect; and (ii) the amendments made by subsection (i) are fully implemented. (b) National Academies Study of Plastics Industry.-- (1) In general.-- (A) Agreement.--The Administrator shall offer to enter into an agreement with the National Academy of Sciences and the National Institutes of Health to conduct a study of-- (i) the existing and planned expansion of the industry of the producers of covered products, including the entire supply chain, the extraction and refining of fossil fuels and polymer feedstocks, chemical recycling efforts, end uses, disposal fate, and lifecycle impacts of covered products; (ii) the environmental, public health, and environmental justice and pollution impacts of covered facilities and the products of covered facilities; (iii) the use of toxic additives in the production of covered products and the consequences of those additives on public health; (iv) the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; (v) the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities, associated infrastructure of covered facilities, and the products of covered facilities; and (vi) the toxicity of plastic polymers, additives, and chemicals (including byproducts), including the impacts of those polymers, additives, and chemicals on-- (I) public health; (II) the recyclability of plastic; and (III) the ability to use recycled content. (B) Failure to enter agreement.--If the Administrator fails to enter into an agreement described in subparagraph (A), the Administrator shall conduct the study described in that subparagraph. (2) Requirements.--The study under paragraph (1) shall-- (A) consider-- (i) the direct, indirect, and cumulative environmental impacts of industries, including plastic production industries, chemical recycling industries, and the industries of other covered facilities, to date; and (ii) the impacts of the planned expansion of those industries, including local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of those industries; and (B) recommend technologies, regulations, standards, and practices, including recommendations for technologies, regulations, standards, and practices that will best carry out the regulatory modifications required under subsections (d), (e), and (g), to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of the industries described in subparagraph (A)(i). (3) Report.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1). (4) Authorization of appropriations.--There are authorized to be appropriated to the National Academy of Sciences and the National Institutes of Health such sums as are necessary to carry out this subsection. (c) Permitting Moratorium for Covered Facilities.-- (1) In general.--Subject to paragraph (2), during the temporary pause period, notwithstanding any other provision of law-- (A) the Administrator shall not issue a new permit for a covered facility under-- (i) the Clean Air Act (42 U.S.C. 7401 et seq.); or (ii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (B) the Secretary of the Army, acting through the Chief of Engineers, shall not issue a new permit for a covered facility under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (C) the Administrator shall object in writing under subsections (b) and (c) of section 505 of the Clean Air Act (42 U.S.C. 7661d) or section 402(d)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1342(d)(2)), as applicable, to any new permit issued to a covered facility by a State agency delegated authority under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (D) the export of covered products is prohibited. (2) Exception.--Paragraph (1) does not apply to a permit described in that paragraph for a facility that is-- (A) a material recovery facility; (B) a mechanical recycling facility; or (C) a compost facility. (d) Clean Air Requirements for Covered Facilities.-- (1) Timely revision of emissions standards.--Section 111(b)(1)(B) of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is amended by striking the fifth sentence. (2) New source performance standards for certain facilities.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule-- (A) designating petrochemical feedstock and polymer production facilities as a category of stationary source under section 111(b)(1)(A) of the Clean Air Act (42 U.S.C. 7411(b)(1)(A)); and (B) establishing new source performance standards for the category of stationary source designated under subparagraph (A) under section 111(f)(1) of the Clean Air Act (42 U.S.C. 7411(f)(1)). (3) Storage vessels for covered products.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 60.112b(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure of equal to or more than 5 millimeters of mercury under actual storage conditions that is regulated under that section uses-- (A) an internal floating roof tank connected to a volatile organic compound control device; or (B) a fixed-roof tank connected to a volatile organic compound control device. (4) Flaring.--Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate a final rule-- (A) modifying title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that flaring, either at ground-level or elevated, shall only be permitted when necessary solely for safety reasons; and (B) modifying sections 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482-10a(d), 60.662(b), 60.702(b), and 60.562-1(a)(1)(i)(C) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that-- (i) references to flare standards under those sections refer to the flare standards established under subparagraph (A); and (ii) the flare standards under those sections are, without exception, continuously applied. (5) SOCMI equipment leaks.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule-- (A) modifying section 60.482-1a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use process units and components with a leak- less or seal-less design; (B) modifying section 60.482-1a(f) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use optical gas imaging monitoring pursuant to section 60.5397a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), on a quarterly basis, unless the owner or operator receives approval from the Administrator in writing to use Method 21 of the Environmental Protection Agency (as described in appendix A-7 of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) with a repair threshold of 500 parts per million; (C) modifying 60.482-6a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the use of open- ended valves or lines is prohibited except if a showing is made that the use of an open-ended valve or line is necessary for safety reasons; and (D) modifying subpart VVa of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that-- (i) the term ``no detectable emissions'' is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and (ii) the term ``leak'' is defined to mean an instrument reading of greater than or equal to 50 parts per million above background concentrations. (6) Natural-gas fired steam boilers.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subpart Db of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that boilers or heaters located at an affected covered facility regulated under that subpart may only burn gaseous fuels, not solid fuels or liquid fuels. (7) National emission standards for hazardous air pollutants implementation improvements.-- (A) Equipment leaks of benzene.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 61.112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) that strikes subsection (c). (B) Benzene waste operations.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying subpart FF of part 61 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that-- (i) the term ``no detectable emissions'' is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and (ii) the term ``leak'' is defined to mean an instrument reading of greater than or equal to 50 parts per million above background concentrations. (C) Maximum achievable control technology standards for covered facilities.--Not later than 3 years after the date of enactment of this Act, the Administrator shall-- (i) promulgate a final rule modifying subpart YY of part 63 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that-- (I) the generic maximum achievable control technology standards described in that subpart-- (aa) require no detectable emissions of hazardous air pollutants, unless the Administrator-- (AA) determines that the maximum degree of reduction in emissions of hazardous air pollutants achievable pursuant to section 112(d)(2) of the Clean Air Act (42 U.S.C. 7412(d)(2)) justifies higher limits; and (BB) publishes the determination under subitem (AA) and the proposed higher limits in a rulemaking; (bb) ensure an ample margin of safety to protect public health and prevent an adverse environmental effect; and (cc) prevent adverse cumulative effects to fetal health, the health of children, and the health of vulnerable subpopulations; and (II) the term ``no detectable emissions'', as required under subclause (I)(aa), is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and (ii) in promulgating the final rule required in clause (i)(I), consider-- (I) the effects and risks of exposure from cumulative sources of hazardous air pollutants under the subpart modified under that clause; and (II) the best available science, including science provided by the National Academies of Science. (8) Monitoring.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subparts DDD, NNN, RRR, and other relevant subparts of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)-- (A) to require continuous emissions monitoring of benzene, nitrogen oxides, sulfur dioxide, carbon monoxide, and filterable particulate matter for all combustion devices except for non-enclosed flares, including during startups, shutdowns, and malfunctions of the facilities regulated by those subparts; (B) to require-- (i) accurate and continuous recordkeeping when continuous emissions monitoring is required under subparagraph (A); and (ii) the records required under clause (i) to be made available to the public in real time; (C) to require continuous fenceline monitoring of emissions from combustion devices under section 63.658 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), for nitrogen oxides, sulfur dioxide, carbon monoxide, filterable and condensable particulate matter, and all other relevant hazardous air pollutants; and (D) to ensure that the continuous monitoring of combustion devices required under subparagraphs (A) and (C) are used to determine the compliance of facilities regulated by those subparts with the Clean Air Act (42 U.S.C. 7401 et seq.). (e) Clean Water Requirements for Covered Facilities.-- (1) BAT and nsps standards for plastic polymer production.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule-- (A) that ensures that the best available technology limitations described in part 414 of title 40, Code of Federal Regulations (as modified under subparagraph (B)) applies to covered facilities that produce fewer than 5,000,001 pounds of covered products per year; (B) modifying part 414 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standard requirements under that part reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities that produce covered products, including pollutants of concern that are not regulated on the date of enactment of this Act; and (C) modifying sections 414.91(b), 414.101(b), and 414.111(b) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) to ensure that-- (i) for new source performance standards for applicable covered facilities producing covered products, the maximum effluent limit for any 1 day and for any monthly average for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator-- (I) determines that higher limits are justified using best available demonstrated control technology; and (II) publishes the determination under subclause (I) and the proposed higher limits in a rulemaking; and (ii) for best available technology and new source performance standards, the maximum effluent limit for any 1 day and for any monthly average for total plastic pellets and other plastic material is 0 milligrams per liter. (2) Revised effluent limitations guidelines for petrochemical feedstock and polymer production.-- (A) BAT and nsps standards.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule-- (i) modifying sections 419.23, 419.26, 419.33, and 419.36 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standards reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities producing petrochemical feedstocks and polymers; and (ii) modifying sections 419.26(a) and 419.36(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the new source performance standards for any 1 day and for average of daily values for 30 consecutive days for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator-- (I) determines that higher limits are necessary based on the best available demonstrated control technology; and (II) the Administrator publishes the determination under subclause (I) and the proposed higher limits in a rulemaking. (B) Runoff limitations for ethylene and propylene production.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying sections 419.26(e) and 419.36(e) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that runoff limitations that reflect best available demonstrated control technology are included. (f) Environmental Justice Requirements for Covered Facilities.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule to ensure that-- (A) any proposed permit to be issued by the Administrator or by a State agency delegated authority under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with respect to a covered facility is accompanied by an environmental justice assessment that-- (i) assesses the direct, indirect, and cumulative economic, environmental, and public health impacts of the proposed permit on fenceline communities; and (ii) proposes changes or alterations to the proposed permit that would, to the maximum extent practicable, eliminate or mitigate the impacts described in clause (i); (B) each proposed permit and environmental justice assessment described in subparagraph (A) is delivered to applicable fenceline communities at the beginning of the public comment period for the proposed permit for purposes of notification and consultation, which shall include-- (i) prompt notification-- (I) through direct means, including in non-English languages for limited English proficiency individuals; (II) through publications likely to be obtained by residents of the fenceline community, including non- English language publications; and (III) in the form of a public hearing in the fenceline community-- (aa) for which public notice is provided-- (AA) not less than 60 days before the date on which the public hearing is to be held; and (BB) using the means described in subclauses (I) and (II); (bb) for which translation services are provided; and (cc) that is accessible through live-streaming or alternative video streaming services for which translation services are provided; and (ii) after the prompt notification required under clause (i), consultation that-- (I) facilitates effective collaboration and informed policymaking that further recognizes the importance of regular communication and collaboration with fenceline communities, regardless of whether specific regulatory or policy changes are being considered; (II) seeks information and input from fenceline communities by soliciting the collaboration, cooperation, and participation of those fenceline communities; (III) includes an in-person meeting or a telephone conference that-- (aa) is in a location, if applicable, that is selected by those engaged in the consultation to be mutually accessible to representatives of fenceline communities and applicable State or Federal government participants; and (bb) removes institutional and procedural impediments that adversely affect working directly with fenceline communities; (IV) ensures that any health or environmental concerns raised by fenceline communities with be properly invested and considered in decisions to grant or deny the proposed permit; and (V) explains to the representatives of the fenceline community the range of resulting actions that the Administrator or State agency may take; and (C) the Administrator or a State agency delegated authority under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable, shall not approve a proposed permit described in subparagraph (A) unless-- (i) changes or alterations have been incorporated into the revised proposed permit that, to the maximum extent practicable, eliminate or mitigate the environmental justice impacts described in subparagraph (A)(i); (ii) the changes or alterations described in clause (i) have been developed with meaningful input from residents or representatives of the fenceline community in which the covered facility to which the proposed permit would apply is located or seeks to locate; and (iii) the permit includes a community benefit agreement that-- (I) has been entered into after the prompt notification and consultation required under clauses (i) and (ii), respectively, of subparagraph (B); and (II) stipulates the benefits the covered facility agrees to fund or furnish in exchange for community support for the covered facility, which may include-- (aa) commitments to hire directly from a community; (bb) contributions to economic and health trust funds; (cc) local workforce training guarantees; (dd) increased pollution control technologies; (ee) operation restrictions; (ff) financial assurances; and (gg) siting restrictions; (D) the Administrator or a State agency delegated authority under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable, shall not approve a proposed permit described in subparagraph (A) during the 45-day period beginning on the date on which a public hearing described in subparagraph (B)(i)(III) is held for the proposed permit; and (E) the approval of a proposed permit described in subparagraph (A) is conditioned on the covered facility providing comprehensive third-party fenceline monitoring and response strategies that fully protect public health and safety and the environment in fenceline communities, for which the affected fenceline communities have the opportunity to provide meaningful input. (2) Requirements.-- (A) Required input.--The Administrator shall develop the final rule required under paragraph (1) with meaningful input from-- (i) residents of fenceline communities; and (ii) representatives of fenceline communities. (B) Community consultation requirement.--In carrying out the consultation required under paragraph (1)(B)(ii), the Administrator and each State agency delegated authority under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) shall establish a dedicated position that-- (i) supports fenceline communities in understanding the technical nuances of the permit and regulatory process; and (ii) accounts for limited English proficiency individuals. (3) Report to congress on state permitting programs.--Not later than 2 years after the date on which the final rule required under paragraph (1) is published in the Federal Register, and every 5 years thereafter, the Administrator shall submit to Congress a report evaluating how States are implementing required environmental justice considerations pursuant to that final rule into their permitting programs under the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (g) Toxic Substances.-- (1) Inventory and reporting.--Section 8(b) of the Toxic Substances Control Act (15 U.S.C. 2607(b)) is amended by adding at the end the following: ``(11) Plastics.-- ``(A) Definitions.--In this paragraph: ``(i) Covered facility; covered product.-- The terms `covered facility' and `covered product' have the meanings given those terms in section 4(a) of the Protecting Communities from Plastics Act. ``(ii) Plastic; single-use plastic.--The terms `plastic' and `single-use plastic' have the meanings given those terms in section 3 of the Protecting Communities from Plastics Act. ``(B) Publication.--Not later than April 1, 2025, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of plastic manufacturing, distribution in commerce, and trade in the United States. ``(C) Process.--In carrying out the inventory under subparagraph (B), the Administrator shall-- ``(i) identify-- ``(I) each covered facility; and ``(II) any other manufacturer of plastic products; ``(ii) identify-- ``(I) the polymers associated with plastic production; ``(II) the types or uses of plastic products manufactured; and ``(III) the associated quantities of polymer and product manufacture and uses; ``(iii) quantify the single-use plastics manufactured-- ``(I) in the aggregate; and ``(II) by use category; ``(iv) quantify the percentage of post- consumer recycled content of the feedstocks for the manufacture of the types of plastic products identified under clause (ii)(II); ``(v) provide information and quantified estimates on the fate of the plastic products at the end of their useful life; ``(vi) identify the chemicals used in polymer or plastic production that may pose a potential risk to human health and the environment, taking into account the data reported under subparagraph (D)(i), which shall include, at a minimum, the information described in subparagraphs (A) through (G) of subsection (a)(2); ``(vii) specify any chemicals identified under clause (vi)-- ``(I) that are undergoing regulatory action under section 6; or ``(II) for which regulatory action under section 6 is anticipated during the next 3 years; ``(viii) for each chemical identified under clause (vi) that is not specified under clause (vii), provide a timetable for regulatory action under section 6 and any other recommended actions, including proposed revisions of Federal law or regulations, to achieve further reductions in plastic manufacture or distribution in commerce; and ``(ix) propose revisions to Federal law or regulations to achieve further reductions in plastic manufacture or distribution in commerce. ``(D) Reporting.-- ``(i) In general.--To assist in the preparation of the inventory under subparagraph (B), notwithstanding section 3(2)(B), any person who manufactures a covered product used in plastic production, and any person who manufactures a plastic product, shall submit to the Administrator periodic reports at such time and including such information as the Administrator shall determine by rule. ``(ii) Promulgation of rule.--Not later than July 1, 2024, the Administrator shall promulgate the rule described in clause (i). ``(iii) Previously submitted information.-- To avoid duplication, information previously submitted to the Administrator under this section may be considered partially compliant with the reporting requirements of this subparagraph if the information previously submitted is an accurate reflection of the current information. ``(iv) Public availability.--The Administrator shall make available to the public in an accessible database the reports submitted under clause (i), consistent with section 14.''. (2) Cumulative health risks posed by covered facilities.-- (A) Definitions.--In this paragraph: (i) Chemical substance; mixture.--The terms ``chemical substance'' and ``mixture'' have the meanings given the terms in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). (ii) Covered facility.--The term ``covered facility'' means a covered facility identified in the inventory. (iii) Inventory.--The term ``inventory'' means the inventory published under paragraph (11) of section 8(b) of the Toxic Substances Control Act (15 U.S.C. 2607(b)). (B) Assessment.--Not later than April 1, 2027, taking into account the inventory, the Administrator shall conduct a single assessment of the aggregate, cumulative public health impacts on fenceline communities at covered facilities. (C) Requirements.--The assessment under subparagraph (B) shall-- (i) ascertain the potentially exposed or susceptible subpopulations; (ii) estimate the magnitude of the potential health impacts on-- (I) fenceline communities generally; and (II) more exposed or susceptible subpopulations specifically; (iii) determine which chemical substances or mixtures may be causing or contributing to potential adverse public health impacts; (iv) include an assessment of-- (I) the cumulative exposures associated with covered facilities from all chemicals used to make plastic polymers; (II) the chemical substances (including plastic polymers, additives, and byproducts) produced from-- (aa) the use of the plastic polymers as feedstocks for other chemicals; and (bb) waste-to-fuel technology; and (III) the impact of chemical substances (including plastic polymers, additives, and byproducts) on-- (aa) the recyclability of plastics; (bb) the use of recycled content in food contact products and packaging; and (cc) public health; and (v) focus on-- (I) communities located near covered facilities; (II) workers at covered facilities; and (III) other potentially exposed or susceptible subpopulations. (D) Procedural requirements.--The assessment under subparagraph (B) shall be subject to-- (i) public notice and an opportunity for public comment; and (ii) peer review by the Science Advisory Committee on Chemicals established under section 26(o) of the Toxic Substances Control Act (15 U.S.C. 2625(o)). (3) High-priority substances.-- (A) Styrene and vinyl chloride.--Not later than 2 years after the date of enactment of this Act, the Administrator shall, after public notice and an opportunity for public comment, make a final prioritization determination under section 6(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2605(b)(1)) relating to-- (i) styrene (including polystyrene); and (ii) vinyl chloride (including polyvinyl chloride). (B) Other chemicals or mixtures.--With respect to any chemical substances or mixtures (as those terms are defined in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602)) not described in subparagraph (A) and identified in the assessment under paragraph (2) as causing or contributing to potential adverse public health impacts, the Administrator shall-- (i) include those chemical substances or mixtures in any subsequently published inventory; and (ii) specify applicable timetables for action as part of the inventory in accordance with clause (vii) or (viii) of paragraph (11) of section 8(b) of the Toxic Substances Control Act (15 U.S.C. 2607(b)). (4) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection and the amendments made by this subsection. (B) Maintenance of funding.--The funding provided under this paragraph shall supplement (and not supplant) other Federal funding to carry out the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (h) Hazardous Waste.--Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to list discarded polyvinyl chloride as a hazardous waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (i) Cumulative Impact Requirements for Covered Facilities.-- (1) Federal water pollution control act.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended-- (A) by striking the section designation and heading and all that follows through ``Except as'' in subsection (a)(1) and inserting the following: ``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. ``(a) Permits Issued by Administrator.-- ``(1) In general.--Except as''; (B) in subsection (a)-- (i) in paragraph (1)-- (I) by striking ``upon condition that such discharge will meet either (A) all'' and inserting the following: ``subject to the conditions that-- ``(A) the discharge will achieve compliance with-- ``(i) all''; (II) by striking ``403 of this Act, or (B) prior'' and inserting the following: ``403; or ``(ii) prior''; and (III) by striking ``this Act.'' and inserting the following: ``this Act; and ``(B) as applicable, with respect to the issuance or renewal of the permit to a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act)-- ``(i) based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act (42 U.S.C. 7661)) of the discharge from the covered facility (as so defined), considered in conjunction with the designated and actual uses of the impacted navigable water, there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation; or ``(ii) if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm.''; and (ii) in paragraph (2), by striking ``assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate.'' and inserting the following: ``ensure compliance with the requirements of paragraph (1), including-- ``(A) conditions relating to-- ``(i) data and information collection; ``(ii) reporting; and ``(iii) such other requirements as the Administrator determines to be appropriate; and ``(B) with respect to covered facilities (as defined in section 4(a) of the Protecting Communities from Plastics Act) additional controls or pollution prevention requirements.''; and (C) in subsection (b)-- (i) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking the semicolon at the end and inserting a period; (ii) in paragraph (8), by striking ``; and'' at the end and inserting a period; and (iii) by adding at the end the following: ``(10) To ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act) if, with respect to an application for the permit, the State determines, based on an analysis by the State of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act (42 U.S.C. 7661)) of the discharge from the covered facility (as so defined), considered in conjunction with the designated and actual uses of the impacted navigable water, that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation.''. (2) Clean air act.-- (A) Definitions.--Section 501 of the Clean Air Act (42 U.S.C. 7661) is amended-- (i) in the matter preceding paragraph (1), by striking ``As used in this title--'' and inserting ``In this title:''; (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and (iii) by inserting after paragraph (1) the following: ``(2) Cumulative impacts.--The term `cumulative impacts' means any exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from an emission or release-- ``(A) including-- ``(i) environmental pollution released-- ``(I) routinely; ``(II) accidentally; or ``(III) otherwise; and ``(ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and ``(B) evaluated taking into account sensitive populations and socioeconomic factors, where applicable.''. (B) Permit programs.--Section 502(b) of the Clean Air Act (42 U.S.C. 7661a(b)) is amended-- (i) in paragraph (5)-- (I) in subparagraphs (A) and (C), by striking ``assure'' each place it appears and inserting ``ensure''; and (II) by striking subparagraph (F) and inserting the following: ``(F) ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act), as applicable, if-- ``(i) with respect to an application for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act), the permitting authority determines under paragraph (9)(C)(ii)(I)(bb)(BB) that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of the applicable census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census); or ``(ii) the Administrator objects to the issuance of the permit in a timely manner under this title.''; and (ii) in paragraph (9)-- (I) in the fourth sentence, by striking ``Such permit revision'' and inserting the following: ``(iii) Treatment as renewal.--A permit revision under this paragraph''; (II) in the third sentence, by striking ``No such revision shall'' and inserting the following: ``(ii) Exception.--A revision under this paragraph shall not''; (III) in the second sentence, by striking ``Such revisions'' and inserting the following: ``(B) Revision requirements.-- ``(i) Deadline.--A revision described in subparagraph (A) or (C)''; (IV) by striking ``(9) A requirement'' and inserting the following: ``(9) Major sources.-- ``(A) In general.--Subject to subparagraph (C), a requirement that''; and (V) by adding at the end the following: ``(C) Certain plastics facilities.-- ``(i) Definition of covered facility.--In this subparagraph, the term `covered facility' has the meaning given the term in section 4(a) of the Protecting Communities from Plastics Act. ``(ii) Additional requirements.--With respect to any permit or renewal of a permit, as applicable, for a major source that is a covered facility, the permitting authority shall, in determining whether to issue or renew the permit-- ``(I) evaluate the potential cumulative impacts of the proposed covered facility, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3); ``(II) if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the covered facility is, or is proposed to be, located-- ``(aa) include in the permit or renewal such terms and conditions (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm; or ``(bb) if the permitting authority determines that terms and conditions described in item (aa) would not be sufficient to ensure a reasonable certainty of no harm, deny the issuance or renewal of the permit; ``(III) determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the Protecting Communities from Plastics Act; ``(IV) if the permitting authority determines under subclause (III) that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (V)(bb)-- ``(aa) require the applicant to submit a redemption plan that describes, if the applicant is not in compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement, measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance, and the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and ``(bb) once such a redemption plan is submitted, determine whether the plan is adequate to ensuring that the applicant will achieve compliance with this Act expeditiously, will remain in compliance with this Act, will mitigate the environmental and health effects of noncompliance, and has solicited and responded to community input regarding the redemption plan; and ``(V) deny the issuance or renewal of the permit if the permitting authority determines that-- ``(aa) the redemption plan submitted under subclause (IV)(aa) is inadequate; or ``(bb) the applicant has submitted a redemption plan on a prior occasion, but continues to be a persistent violator and that there is no indication exists of extremely exigent circumstances excusing the persistent violations.''. (C) Permit applications.--Section 503(b) of the Clean Air Act (42 U.S.C. 7661b(b)) is amended by adding at the end the following: ``(3) Analyses for Certain Plastics Facilities.--The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act) shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census tract or Tribal census tract (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source that is a covered source (as so defined) is, or is proposed to be, located that analyzes-- ``(A) community demographics and locations of community exposure points, such as residences, schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; ``(B) air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the proposed covered facility (as so defined), including in combination with existing sources of pollutants; ``(C) the potential effects on soil quality and water quality of emissions of air and water pollutants that could contaminate soil or water from the proposed major source, including in combination with existing sources of pollutants; and ``(D) public health and any potential effects on public health of the proposed covered facility (as so defined).''. (j) Financial Assurance Requirements for Covered Facilities.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator shall develop and require as a condition to receiving a permit under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) financial assurance requirements for new covered facilities that demonstrate the presence of sufficient financial resources-- (A) to safely close the covered facility at the end of the operational life of the covered facility; or (B) to provide appropriate emergency response in the case of an accidental release. (2) Application to existing covered facilities.--The financial assurance requirements under paragraph (1) shall apply to existing covered facilities at the time on which an existing covered facility seeks renewal of a permit under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (k) Siting Restrictions for New Covered Facilities.--The issuance or approval of a permit under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for new covered facilities or for the expansion of existing covered facilities shall be prohibited within 5 miles of a community building or area, including a school, a residence, a day care center, a nursing home, a hospital, a health clinic, a place of religious worship, a park, a playground, and a community center. SEC. 5. FEDERAL SOURCE REDUCTION AND REUSE TARGETS. (a) Definition of Source Reduction.-- (1) In general.--In this section, the term ``source reduction'' means the reduction in the quantity of single-use plastic packaging and food service ware created by producers relative to the baseline established pursuant to subsection (b)(1) by methods that may include-- (A) shifting to reusable or refillable packaging or food service ware systems; or (B) eliminating unnecessary packaging. (2) Exclusions.--In this section, the term ``source reduction'' does not include-- (A) replacing a recyclable or compostable single- use plastic packaging or food service ware with-- (i) a nonrecyclable or noncompostable single-use plastic packaging or food service ware; or (ii) a single-use plastic packaging or food service ware that is less likely to be recycled or composted; or (B) switching from virgin single-use plastic packaging or food service ware to plastic postconsumer recycled content. (b) Federal Source Reduction Targets.-- (1) Baseline.--Not later than December 31, 2025, the Administrator shall promulgate regulations to establish a baseline quantity, by total weight and total number of items, of all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States during calendar year 2024. (2) Reduction targets.-- (A) In general.--Not later than December 31, 2027, the Administrator shall promulgate regulations to establish phased source reduction targets for all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States, which shall be organized by product category. (B) Minimum.--The phased source reduction targets established under subparagraph (A) shall include a source reduction target of not less than 25 percent by 2032. (c) Federal Reuse and Refill Targets.-- (1) In general.--Not later than December 31, 2025, the Administrator shall promulgate regulations to establish phased reuse and refill targets for all plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States. (2) Minimum.--The phased reuse and refill targets established under paragraph (1) shall include reuse and refill targets of not less than 30 percent by 2032. (d) Exclusion.--Nothing in this section applies to any single-use plastic used for-- (1) medical equipment, supplements, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; (2) packaging that is-- (A) for any product described in paragraph (1) that is determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; or (B) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (3) a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper. SEC. 6. ADVANCING REFILLABLE AND REUSABLE SYSTEMS. (a) Grant Program To Support Equity and Innovation in Refillable and Reusable Packaging.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a competitive grant program (referred to in this subsection as the ``program'') to provide grants to eligible entities described in paragraph (3) to carry out scalable reuse and refill projects in accordance with this subsection. (2) Objectives.--To be eligible for a grant under the program, a reuse and refill project shall evaluate the efficacy and cost-effectiveness of tools, technologies, and techniques for 1 or more of the following objectives: (A) Expanding reuse and refill programs to replace single-use plastics currently used in consumer goods industries, including replacement with food service and consumer food and beverage products that-- (i) are affordable, convenient, scalable, nontoxic, and equitable; and (ii) satisfy the requirements described in section 3(3)(A). (B) Expanding consumer knowledge of reuse and refill programs, including through the development of accessible educational and outreach programs and materials. (C) Installing and expanding access to publicly available water bottle refilling stations. (D) Installing and expanding access to sanitation infrastructure in public or community buildings to enable safe and hygienic reuse, including dishwashers and sanitation stations. (3) Eligible entities.--To be eligible to receive a grant under the program, an entity shall be-- (A) an educational institution, including an institution of higher education; (B) a nonprofit or community-based organization; (C) a State, local, or Tribal government; (D) a for-profit restaurant, business, or other organization; or (E) a public-private partnership. (4) Nontoxic requirements.--Materials used as part of a reuse and refill project under the program shall not contain-- (A) toxic heavy metals, pathogens, or additives, including-- (i) a perfluoroalkyl or polyfluoroalkyl substance; (ii) an ortho-phthalate; (iii) a bisphenol compound (not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); or (iv) a halogenated flame retardant; or (B) chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2605(b)(1)), including the chemicals or mixtures of chemicals described in section 4(g)(3). (5) Priorities.--In awarding grants under the program, the Administrator shall-- (A) give priority to projects that will directly benefit populations of color, communities of color, indigenous communities, rural communities, and low- income communities; (B) give priority to a project that achieves more than 1 of the objectives described in paragraph (2); and (C) ensure that a grant is provided to carry out a project in each region of the Environmental Protection Agency. (6) Prize competition.-- (A) In general.--Not later than 1 year after the first round of grants is awarded under the program, the Administrator shall establish a prize competition under which the Administrator shall-- (i) evaluate the projects carried out by each recipient of a grant under the program; and (ii) award a prize to 1 of those recipients. (B) Amount.--The Administrator shall determine the amount of the prize under this paragraph. (C) Use.--The recipient of the prize under this paragraph shall use the amount of the prize to demonstrate that the reuse or refill project carried out by the recipient under the program-- (i) is scalable; (ii) serves the community in which the program is carried out; and (iii) is implemented in a sustainable and equitable manner. (7) Report.--Not later than 3 years after the date on which the Administrator establishes the program, the Administrator shall submit to Congress a report describing the effectiveness of the projects carried out under the program. (8) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the program. (b) Report on Reuse and Refill Product Delivery Systems.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall make publicly available a report on feasibility and best practices relating to reuse and refill within the following sectors: (A) Food service, including-- (i) take out; (ii) delivery of prepared meals; and (iii) meal kits. (B) Consumer food and beverage products. (C) Consumer cleaning products. (D) Consumer personal care products. (E) Transportation or shipping of wholesale and retail goods. (F) Public educational institutions, including institutions of higher education. (G) Other sectors, as identified by the Administrator. (2) Objectives.--The report under paragraph (1) shall evaluate and summarize-- (A) types of reuse and refill product delivery systems that can be best used at different scales; (B) methods to ensure equitable distribution of reuse and refill product delivery systems in populations of color, communities of color, indigenous communities, and low-income communities; (C) job creation opportunities through the use or expansion of reuse and refill systems; (D) economic costs and benefits for-- (i) the businesses that deploy reuse and refill technologies; and (ii) the parties responsible for waste collection and management; (E) types of local, State, and Federal support needed to expand the use of reuse and refill systems; and (F) existing barriers to widespread implementation of reuse and refill systems. (3) Consideration.--In preparing the report under paragraph (1), the Administrator shall consider relevant information on reuse and refill programs and approaches in States, units of local government, and other countries. SEC. 7. STUDIES; AGENCY DIRECTIVES. (a) Definition of Microplastic.--In this section, the term ``microplastic'' means a plastic or plastic-coated particle that is less than 5 millimeters in any dimension. (b) National Recycling Strategy.--The Administrator shall not expand the scope of the National Recycling Strategy of the Environmental Protection Agency to include facilities that treat plastic waste through the use of pyrolysis, gasification, or similar chemical recycling technologies. (c) Food and Drug Administration Study.-- (1) In general.--The Commissioner of Food and Drugs, in consultation with the Secretary of Agriculture and, as necessary, the heads of other Federal agencies such as the Director of the National Institute of Standards and Technology and such other Federal agencies as the Commissioner of Food and Drugs determines to be necessary, shall conduct a nationwide study on the presence and sources of microplastics in food (including drink) products, including food products containing fish, meat, fruits, or vegetables. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Food and Drugs shall submit to Congress and make publicly available a report on the study conducted under this subsection. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (d) Microplastics Pilot Program.-- (1) Establishment.--The Administrator shall establish a pilot program (referred to in this subsection as the ``pilot program'') to test the efficacy and cost effectiveness of tools, technologies, and techniques-- (A) to remove microplastics from the environment without causing additional harm to the environment; and (B) to prevent the release of microplastics into the environment. (2) Requirements.--In carrying out the pilot program, the Administrator shall include the testing, and analysis and mitigation of any environmental impacts, of-- (A) natural infrastructure; (B) green infrastructure (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)); and (C) mechanical removal systems (such as pumps) and filtration technologies, including a consideration of potential negative ecological impacts that may result from filtration in natural waterways and ocean waters. (3) Eligible pilot program locations.--In carrying out the pilot program, the Administrator may carry out projects located in-- (A) stormwater systems; (B) wastewater treatment facilities; (C) drinking water systems; (D) ports, harbors, inland waterways, estuaries, and marine environments; and (E) roadways, highways, and other streets used for vehicular travel. (4) Outreach.--In determining selection criteria and projects to carry out under the pilot program, the Administrator shall conduct outreach to-- (A) the Interagency Marine Debris Coordinating Committee established under section 5(a) of the Marine Debris Act (33 U.S.C. 1954(a)); and (B) stakeholders and experts in the applicable field, as determined by the Administrator. (5) Reports.-- (A) Initial report.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the outreach conducted under paragraph (4). (B) Subsequent report.--Not later than 3 years after the date on which the Administrator establishes the pilot program, the Administrator shall submit to Congress a report describing the effectiveness of projects carried out under the pilot program. (6) Rulemaking required.--Not later than 1 year after the date on which the Administrator submits to Congress the report required under paragraph (5)(B), the Administrator shall initiate a rulemaking to address abatement and mitigation of microplastics in locations described in paragraph (3) using technologies and methods tested under the pilot program. (7) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (e) National Institutes of Health Research.-- (1) In general.--The Director of the National Institutes of Health shall conduct or support research on the presence of microplastics in the human body, which may include determining how the presence of microplastics in organs and biospecimens, including urine, breastmilk, and stool, impacts human health. (2) Report.--Not later than 1 year after the date of enactment of this Act, and annually for the next 4 years thereafter, the Director of the National Institutes of Health shall submit to Congress and make publicly available a report that provides an overview of the research conducted or supported under this subsection and any relevant findings. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. SEC. 8. REDUCING SINGLE-USE PLASTICS IN AGRICULTURE. (a) Biodegradable Weed Barriers Practice Under the Environmental Quality Incentives Program.--The Secretary of Agriculture shall designate a project to replace the use of on-farm plastic weed barriers and weed mitigants with nonplastic, biodegradable alternatives as an agricultural conservation practice or enhancement that meets the requirement described in section 21001(a)(1)(B)(iii) of Public Law 117- 169 (commonly referred to as the ``Inflation Reduction Act of 2022''). (b) Single-Use Plastic Farm Product Packaging Reduction Grants.-- Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) supports the reduction of single-use plastics from the post-production distribution packaging of agricultural producers; and''; (2) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; (3) by striking ``subsection (i)'' each place it appears and inserting ``subsection (j)''; (4) by inserting after subsection (e) the following: ``(f) Single-Use Plastic Farm Product Packaging Reduction Grants.-- ``(1) In general.--The Secretary shall provide grants to entities described in paragraph (3) to significantly reduce or eliminate single-use plastics from the post-production distribution packaging of the entities. ``(2) Administration.--The Secretary shall carry out this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service. ``(3) Eligible entities.--An entity shall be eligible for a grant under paragraph (1) if the entity is-- ``(A) an independent producer (as determined by the Secretary) of a value-added agricultural product; or ``(B) an agricultural producer group, farmer or rancher cooperative, or majority-controlled producer- based business venture (as determined by the Secretary). ``(4) Grant amount.--The amount of a grant provided under paragraph (1) shall be not more than $250,000. ``(5) Term.--The term of a grant provided under paragraph (1) shall be 3 years. ``(6) Priority.--In providing grants under paragraph (1), the Secretary shall give priority to-- ``(A) beginning farmers or ranchers; ``(B) veteran farmers or ranchers; ``(C) organic and regenerative farmers; and ``(D) socially disadvantaged farmers or ranchers. ``(7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2023 through 2032.''; and (5) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking ``subsection (i)(3)(E)'' and inserting ``subsection (j)(3)(E)''. <all>

Protecting Communities from Plastics Act

A bill to require the Administrator of the Environmental Protection Agency to carry out certain activities to protect communities from the harmful effects of plastics, and for other purposes.

Protecting Communities from Plastics Act

Sen. Booker, Cory A.

D

NJ

H.R.1780

Finance and Financial Sector

Paris Climate Agreement Disclosure Act This bill requires an issuer of securities to annually disclose information related to its greenhouse gas emissions, including whether the issuer has set emissions targets to comply with the goals of the Paris Climate Agreement and actions the issuer has taken or plans to take to achieve such targets.

To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paris Climate Agreement Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) 197 parties, including the United States, are parties to the United Nations Framework Convention on Climate Change (UNFCCC), the principal framework to stabilize greenhouse gas concentrations at a level that would prevent dangerous human- induced interference with the climate system. (2) On December 12, 2015, parties of the UNFCCC adopted the Paris Agreement, the first comprehensive agreement among all nations to keep global warming below 2 degrees Celsius. (3) The Paris Agreement aims to strengthen the global response to the threat of climate change by holding the increase in the global average temperature to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change. (4) The ``Special Report on Global Warming of 1.5 C'' by the Intergovernmental Panel on Climate Change found that at 1.5 degrees Celsius warming, climate-related risks to human health, livelihoods, food security, human security, water supply, and economic growth will all increase, and will increase even more at 2 degrees Celsius warming. (5) In 2017, the World Economic Forum issued the Compact for Responsive and Responsible Leadership with 140 CEOs pledging to align their corporate values and strategies with the United Nation's Sustainable Development Goals. (6) In September 2020, the World Economic Forum and its International Business Council released Stakeholder Capitalism Metrics--a set of environmental, social and governance metrics and disclosures which measure the long-term enterprise value creation for all stakeholders. (7) The September 2020 World Economic Forum report recognizes that there is an emerging consensus among companies that long-term value is most effectively created by serving the interests of all stakeholders. (8) On January 26, 2021, 61 CEOs of some of the world's largest companies publicly endorsed the Stakeholder Capitalism Metrics. (9) One of the core metrics and disclosures defined in the Stakeholder Capitalism Metrics is for companies to disclose whether they have set, or have committed to set, greenhouse gas emissions targets that are in line with the goals of the Paris Agreement. SEC. 3. DISCLOSURES RELATED TO GREENHOUSE GAS EMISSIONS. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Disclosures Related to the Paris Climate Agreement.-- ``(1) In general.--Each issuer required to file an annual report under subsection (a) shall include in such report the following: ``(A) Whether the issuer has set, or has committed to achieve, targets that are a balance between greenhouse gas emissions and removals, at a pace consistent with limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius. ``(B) If the issuer is committed to setting such greenhouse gas emission targets in the future, but not at the present-- ``(i) by which year the issuer plans to commit to such greenhouse gas emission targets; and ``(ii) a detailed explanation for such position. ``(C) Actions and steps the issuer has taken over the preceding year to achieve such greenhouse gas emission targets. ``(D) Actions and steps the issuer plans to pursue in the forthcoming year to achieve such greenhouse gas emission targets. ``(E) If the issuer has not set, and does not plan on committing to set, such greenhouse gas emission targets-- ``(i) a statement to that effect; and ``(ii) a detailed explanation of-- ``(I) why the issuer is not planning on pursuing such greenhouse gas emission targets; and ``(II) whether the issuer supports the temperature goals outlined in subparagraph (A) of this section. ``(2) Definitions.--In this subsection: ``(A) Greenhouse gas.--The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen, triflouride, and chlorofluorocarbons. ``(B) Greenhouse gas emissions.--The term `greenhouse gas emissions' means the emissions of greenhouse gases expressed in terms of metric tons of carbon dioxide equivalent. ``(C) Paris climate agreement.--The term `Paris Climate Agreement' means the international agreement adopted by 196 parties, including the United States, at the 21st Conference of Parties to the United Nations Framework Convention on Climate Change in Paris, France on December 12, 2015. ``(D) Temperature goals of the paris climate agreement.--The term `temperature goals of the Paris Climate Agreement' means-- ``(i) a collective, long-term objective to hold the greenhouse gas emissions-induced increase in temperature to well below 2 degree Celsius; ``(ii) a goal to pursue efforts to limit the temperature increase to 1.5 degrees Celsius above the pre-industrial level; ``(iii) a goal to achieve net-zero emissions before 2050. ``(E) Removals.--The term `removals' means anthropogenic removals from the atmosphere by any process, activity or mechanism of greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere.''. (b) Rulemaking.--Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out the amendment made by subsection (a). (c) Effective Date.--Section 13(s) of the Securities Exchange Act of 1934, as added by subsection (a), shall take effect on the effective date of the rules issued pursuant to subsection (b). <all>

Paris Climate Agreement Disclosure Act

To amend the Securities Exchange Act of 1934 to require disclosures related to the Paris Climate Agreement, and for other purposes.

Paris Climate Agreement Disclosure Act

Rep. Velazquez, Nydia M.

D

NY

S.62

Transportation and Public Works

Duck Boat Safety Enhancement Act of 2021 This bill sets forth requirements related to the safety of amphibious passenger vessels. The U.S. Coast Guard must implement regulations related to the safety of amphibious passenger vessels, including during severe weather emergencies. The Coast Guard may require operators of amphibious passenger vessels to provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or other means, to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. Additionally, the Coast Guard must implement interim safety policies or other measures to require operators of amphibious passenger vessels operating in U.S. waters comply with certain requirements, including to remove the canopies of such vessels for waterborne operations, or to install in such vessels canopies that do not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking. The bill also sets forth requirements for vessels that are not in compliance with the regulations and interim safety policies.

To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Duck Boat Safety Enhancement Act of 2021''. SEC. 2. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER VESSELS. (a) Safety Improvements.-- (1) Buoyancy requirements.--Not later than 1 year after the date of completion of a Coast Guard contracted assessment by the National Academies of Sciences, Engineering, and Medicine of the technical feasibility, practicality, and safety benefits of providing reserve buoyancy through passive means on amphibious passenger vessels, the Secretary of the department in which the Coast Guard is operating may initiate a rulemaking to prescribe in regulations that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as the Secretary may specify in the regulations, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (2) Interim requirements.--Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking to implement interim safety policies or other measures to require that operators of amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) comply with the following: (A) Remove the canopies of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking. (B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel's existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). (D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. (b) Regulations Required.--Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). The regulations shall include, at a minimum, the following: (1) Severe weather emergency preparedness.--Requirements that an operator of an amphibious passenger vessel-- (A) check and notate in the vessel's logbook the National Weather Service forecast before getting underway and periodically while underway; (B) in the case of a watch or warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge; and (C) maintain and monitor a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device of the National Weather Service. (2) Passenger safety.--Requirements-- (A) concerning whether personal flotation devices should be required for the duration of an amphibious passenger vessel's waterborne transit, which shall be considered and determined by the Secretary; (B) that operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (C) that before the commencement of waterborne operations, a crew member visually check that each passenger has unbuckled the passenger's seatbelt; and (D) that operators or crew maintain a log recording the actions described in subparagraphs (B) and (C). (3) Training.--Requirement for annual training for operators and crew of amphibious passengers vessels, including-- (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. (4) Recommendations from reports.--Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board's Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. (B) The Coast Guard's Marine Investigation Board reports on the Stretch Duck 7 sinkings at Table Rock, Missouri, and the Miss Majestic sinking near Hot Springs, Arkansas. (5) Interim requirements.--The interim requirements described in subsection (a)(2), as appropriate. (c) Prohibition on Operation of Noncompliant Vessels.--Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). (d) Deadline for Compliance.--The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. (e) Report.--Not later than 180 days after the promulgation of the regulations required under subsection (a), the Commandant of the Coast Guard shall provide a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the status of the implementation of the requirements included in such regulations. <all>

Duck Boat Safety Enhancement Act of 2021

A bill to implement recommendations related to the safety of amphibious passenger vessels, and for other purposes.

Duck Boat Safety Enhancement Act of 2021

Sen. Hawley, Josh

R

MO

H.R.9062

Housing and Community Development

Respect State Housing Laws Act This bill eliminates a provision that requires a 30-day notice period before a landlord may begin eviction proceedings against a tenant in federally assisted or federally backed housing.

To amend the CARES Act to remove a requirement on lessors to provide notice to vacate, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respect State Housing Laws Act''. SEC. 2. NOTICE. Section 4024 of the CARES Act (15 U.S.C. 9058) is amended by striking subsection (c). <all>

Respect State Housing Laws Act

To amend the CARES Act to remove a requirement on lessors to provide notice to vacate, and for other purposes.

Respect State Housing Laws Act

Rep. Loudermilk, Barry

R

GA

H.R.1495

Health

Jim Ramstad Legacy of Recovery Act This bill allows states to receive federal Medicaid payment for psychiatric and substance-use disorder services provided in institutions for mental diseases (IMDs) to patients who are enrolled with a Medicaid managed care organization (MCO) or in a prepaid inpatient health plan (PIHP). Current law generally prohibits federal payment under Medicaid for services provided in IMDs for individuals under the age of 65. However, states may receive federal Medicaid payment for monthly capitation payments to MCOs and PIHPs for services provided in IMDs to enrollees aged 21 to 64. Such services must be provided for no longer than 15 days per month and in lieu of other services covered under the state Medicaid program.

To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jim Ramstad Legacy of Recovery Act''. SEC. 2. MEDICAID COVERAGE FOR SERVICES FOR THE TREATMENT OF PSYCHIATRIC OR SUBSTANCE USE DISORDERS FURNISHED TO CERTAIN INDIVIDUALS IN AN INSTITUTION FOR MENTAL DISEASES. (a) In General.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (29), by striking ``; and'' at the end; (2) by redesignating paragraph (30) as paragraph (31); (3) by inserting after paragraph (29) the following new paragraph: ``(30) services for the treatment of psychiatric or substance use disorders furnished to any individual who is eligible for medical assistance under the State plan (or a waiver of such plan), enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A)) or a prepaid inpatient health plan described in section 1903(m)(9)(D)(iii)(I), and is a patient in an institution for mental diseases; and''; and (4) in the matter preceding the subdivision (A) following paragraph (31), as redesignated by paragraph (2), by striking ``as otherwise provided in paragraph (16)'' and inserting ``as otherwise provided in paragraphs (16) and (30)''. (b) Conforming Amendment.--Section 1903(m)(7) of the Social Security Act (42 U.S.C. 1396b(m)(7)) is amended by inserting before the period at the end the following: ``, and made with respect to services described in such section provided before the date of enactment of the Jim Ramstad Legacy of Recovery Act''. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to medical assistance provided on or after the date of the enactment of this Act. <all>

Jim Ramstad Legacy of Recovery Act

To amend title XIX of the Social Security Act to provide coverage under the Medicaid program for services for the treatment of psychiatric or substance use disorders furnished to certain individuals in an institution for mental diseases, and for other purposes.

Jim Ramstad Legacy of Recovery Act

Rep. Emmer, Tom

R

MN

S.3880

Commerce

Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 or the SMART Copyright Act of 2022 This bill authorizes the Library of Congress to designate technical measures (i.e., measures that identify, manage, or protect copyrighted works) and requires providers of internet-related services to make reasonable accommodations for applicable designated technical measures. A copyright owner may sue and receive monetary damages from a service provider that fails to make such reasonable accommodations. The bill also modifies requirements relating to a provision that limits the liability of service providers for acts of copyright infringement committed by the service providers' users.

To amend title 17, United States Code, to define and provide for accommodation and designation of technical measures to identify, protect, or manage copyrighted works, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Measures to Advance Rights Technologies Copyright Act of 2022'' or the ``SMART Copyright Act of 2022''. SEC. 2. DEFINITION OF STANDARD TECHNICAL MEASURES. Section 512(i) of title 17, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Definition.--In this subsection, the term `standard technical measures' means technical measures that are used by copyright owners to identify or protect copyrighted works, or by service providers to identify or manage copyrighted works on the service, and-- ``(A) have been identified or developed pursuant to-- ``(i) a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry process; or ``(ii) a broad consensus of relevant copyright owners and relevant service providers, in an open, fair, voluntary process, for technical measures that are applicable to a particular industry, type of work, type or size of service provider, or type of technical measure; ``(B) are available to any person on-- ``(i) nondiscriminatory terms; and ``(ii)(I) a royalty-free basis; or ``(II) a reasonable royalty basis; and ``(C) do not impose substantial and disproportionate costs on service providers or substantial and disproportionate burdens on their systems or networks.''. SEC. 3. DESIGNATION OF CERTAIN TECHNICAL MEASURES TO IDENTIFY, PROTECT, OR MANAGE COPYRIGHTED WORKS. (a) In General.--Chapter 5 of title 17, United States Code, is amended by adding at the end the following: ``Sec. 514. Designation of certain technical measures to identify, protect, or manage copyrighted works ``(a) Definitions.--In this section: ``(1) Accommodate.--The term `accommodate' includes adapting, implementing, integrating, adjusting, and conforming. ``(2) Covered service provider.--The term `covered service provider' means a service provider to which a designated technical measure applies. ``(3) Designated technical measure.--The term `designated technical measure' means a technical measure that has been designated by the Librarian in accordance with subsection (c). ``(4) Librarian.--The term `Librarian' means the Librarian of Congress. ``(5) Proposed technical measure.--The term `proposed technical measure' means a technical measure that is proposed by a person under subsection (d)(1). ``(6) Register.--The term `Register' means the Register of Copyrights. ``(7) Service provider.--The term `service provider'-- ``(A) means a provider of online services or network access, or the operator of facilities therefor, that provides storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider; and ``(B) includes a provider described in subparagraph (A) that offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received. ``(8) Technical measure.--The term `technical measure' means a technical measure that-- ``(A) is used by-- ``(i) a copyright owner to identify or protect a copyrighted work; or ``(ii) a service provider to identify or manage a copyrighted work; and ``(B) may vary across types and sizes of service providers. ``(b) Accommodation of Designated Technical Measures.--A covered service provider shall use commercially reasonable efforts to accommodate and not interfere with designated technical measures that apply to that covered service provider. ``(c) Authority of the Librarian.-- ``(1) Designation of technical measures.--The Librarian may, at the recommendation of the Register, and as provided in subsections (d) and (e)-- ``(A) designate proposed technical measures that-- ``(i) are available to any person on-- ``(I) nondiscriminatory terms; and ``(II)(aa) a royalty-free basis; or ``(bb) a reasonable royalty basis; and ``(ii) do not impose substantial and disproportionate costs on service providers or substantial and disproportionate burdens on their systems or networks; ``(B) rescind previously designated technical measures; or ``(C) revise previously designated technical measures. ``(2) Prescription of rules.--The Librarian, upon consultation with the Register, shall prescribe rules that-- ``(A) implement subsections (d) and (e); and ``(B) provide for the protection of confidential and sensitive information provided to the Librarian-- ``(i) as part of a petition under subsection (d); or ``(ii) during a rulemaking under subsection (e). ``(d) Petitions.-- ``(1) In general.--Not later than 1 year after the date of enactment of the SMART Copyright Act of 2022 and every 3 years thereafter, the Librarian shall accept petitions, from owners of copyrighted works, service providers, and other stakeholders, proposing the designation of a technical measure or the rescission or revision of a designated technical measure. ``(2) Petition requirements.--In the case of a petition submitted to the Librarian under paragraph (1) proposing the designation of a technical measure or review of a designated technical measure, as appropriate, the petition shall detail with specificity-- ``(A) the type of copyrighted works, or any subset thereof, intended to be covered by the technical measure; ``(B) the type of service provider, or any subset thereof, intended to be covered by the technical measure; and ``(C) how the proposed technical measure or the designated technical measure proposed to be revised meets both the definition of `technical measure' under subsection (a) and the criteria set forth in subsection (c)(1)(A). ``(3) Evaluation of petition.--After each deadline under paragraph (1), the Librarian shall evaluate each petition received under that paragraph and take appropriate action as follows: ``(A) The Librarian may begin a rulemaking process to-- ``(i) designate a proposed technical measure; or ``(ii) rescind or revise a designated technical measure. ``(B) The Librarian shall reject without a rulemaking proceeding a petition that proposes the designation or revision of a privately owned technical measure, unless the petition is filed or joined by the owner of the technical measure proposed to be designated or revised. ``(e) Rulemaking Process.-- ``(1) Public comment.--For any proposed technical measure or designated technical measure for which the Librarian has begun a rulemaking process under subsection (d)(3)(A), the public comment process shall include not less than 1 public hearing convened by the Register, which shall include written input from relevant technical experts. ``(2) Factors for examination by register.--For any rulemaking process the Librarian has begun under subsection (d)(3)(A), with respect to each technical measure, the Register shall examine-- ``(A) the availability and use of the technical measure to identify, manage, or protect particular types of copyrighted works on particular types of services; ``(B) the terms on which the technical measure is and will be made available to any person under subsection (c)(1)(A)(i), including whether there are any intellectual property rights that need to be licensed by service providers to accommodate the technical measure; ``(C) the total cost that accommodating or not interfering with the technical measure may impose on the type of service providers described in the petition; ``(D) the burden the technical measure may impose on the systems or networks of service providers, as compared to-- ``(i) the total amount of alleged or demonstrated infringing activity occurring over systems or networks controlled by the type of service providers described in the petition; ``(ii) the revenue and other financial resources of the type of service providers described in the petition; and ``(iii) any mitigation of costs or other benefits or savings that the type of service providers described in the petition may achieve by accommodating or not interfering with the technical measure; ``(E) in the case of a proposed technical measure, whether the proposed technical measure is also a standard technical measure, as defined in section 512(i), to avoid designating a technical measure that is otherwise a standard technical measure; ``(F) the positive or negative impact the technical measure may have on criticism, comment, news reporting, teaching, scholarship, research, increasing information sharing, or other relevant public interest considerations; ``(G) whether the technical measure poses an undue cybersecurity threat (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C 1501)) to, or would create a security vulnerability (as defined in such section 102) for, the information systems of the affected service providers; ``(H) the impact the technical measure may have on privacy and data protection; ``(I) the impact the technical measure may have on competition among service providers, and the impact it may have on competition among copyright owners; ``(J) whether certain categories or types of service providers should be exempt from the subset of service providers covered by a designation, such as-- ``(i) libraries; ``(ii) educational institutions; or ``(iii) corporate or not-for-profit websites that permit user comments or posts, but have never or rarely had infringing activity on their services; and ``(K) in the case of a proposed technical measure, whether-- ``(i) the proposed technical measure may conflict or interfere with other proposed technical measures or designated technical measures; or ``(ii) multiple proposed technical measures and designated technical measures should be subsumed under a broader category of designated technical measures. ``(3) Recommendation.-- ``(A) In general.--The Register shall make a recommendation that includes written input from the Chief Technology Advisor to the Librarian on each proposed technical measure, and each designated technical measure proposed to be revised or rescinded, that is considered under the rulemaking process under this subsection, after consulting with, and reporting and commenting on the views of, the following, as appropriate: ``(i) The Director of the National Institute of Standards and Technology. ``(ii) The Assistant Secretary of Commerce for Communications and Information. ``(iii) The Attorney General, for the purpose of providing an analysis of the impact a proposed technical measure may have on competition among service providers or copyright owners, as appropriate. ``(iv) Any relevant cybersecurity agency. ``(B) Resolution of disagreement.--If there is substantial disagreement between the recommendation of the Register and any of the views expressed by the agencies consulted under subparagraph (A), the Librarian shall explain in writing the reasons for the resolution of the disagreement as part of the decision under paragraph (4). ``(4) Decision.--If, at the conclusion of the rulemaking process under this subsection, the Librarian determines that the record supports the designation of a proposed technical measure, or a rescission or revision of a designated technical measure, the Librarian shall-- ``(A)(i) for a proposed technical measure, designate the proposed technical measure; or ``(ii) for a designated technical measure proposed to be revised, designate the revised technical measure; ``(B) for a proposed technical measure or a designated technical measure proposed to be revised-- ``(i) describe, as part of the designation under subparagraph (A), the type of copyrighted work, or any subset thereof, and the covered service providers to which the technical measure applies; and ``(ii) include in the description under clause (i), as appropriate, any category or subset of type of service provider that is exempt from the designation, such that the requirement under subsection (b) does not apply to those service providers; ``(C) for a designated technical measure proposed to be rescinded, rescind the technical measure; ``(D) for a proposed technical measure or a designated technical measure proposed to be revised, provide examples or a definition with specificity for what `accommodate' means for the technical measure, taking into account how different covered service providers to which the technical measure applies may have to accommodate differently based on their size or other relevant characteristics; ``(E) publish a list of designated technical measures, including the description required under subparagraph (B)(i), in effect after the Librarian has designated, revised, and rescinded technical measures under this paragraph in the Federal Register and publish and maintain the list on the website of the Library of Congress; and ``(F) for a proposed technical measure or a revised designated technical measure, publish a deadline, which shall not be earlier than 1 year after the date of publication, by which service providers shall implement the designated technical measure. ``(f) Public Information.--To assist the public in understanding the requirements under this section, the Register shall-- ``(1) publish on the website of the Copyright Office an index of cases relating to the requirements; and ``(2) update the list published under paragraph (1) not less frequently than annually. ``(g) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section-- ``(A) $900,000 for fiscal year 2023; and ``(B) subject to paragraph (2), $700,000 for fiscal year 2024 and each fiscal year thereafter. ``(2) Adjustment for inflation.--The amount authorized to be appropriated under paragraph (1)(B) for fiscal year 2025 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. ``(h) Appeal to District of Columbia Circuit.--Not later than 90 days after the date on which the Librarian publishes a decision regarding a technical measure under subsection (e)(4), any covered service provider to which the technical measure applies and any party that submitted a petition under subsection (d) regarding the technical measure may appeal the decision to the United States Court of Appeals for the District of Columbia Circuit. ``(i) Civil Remedies.-- ``(1) Civil actions.--A copyright owner aggrieved by a violation of subsection (b) by a covered service provider may bring a civil action against the covered service provider in an appropriate United States district court. ``(2) Authority of the court.--In an action brought under paragraph (1), the court may-- ``(A) grant a temporary or permanent injunction on such terms as it determines reasonable to prevent or restrain a violation; ``(B) award damages, in accordance with paragraph (3); ``(C) allow, in its discretion, the recovery of costs by or against any party other than the United States or an officer of the United States; and ``(D) award, in its discretion, reasonable attorney fees or expert witness fees to the prevailing party. ``(3) Award of damages.-- ``(A) In general.--Except as provided in subparagraph (B) or otherwise provided in this title, in an action brought by a copyright owner against a service provider under paragraph (1), the court shall award to the copyright owner the actual damages suffered by the copyright owner as a result of the violation. ``(B) Statutory damages.-- ``(i) In general.--In an action brought under paragraph (1), the copyright owner may elect to recover, in lieu of actual damages, an award of statutory damages in an amount that is-- ``(I) not less than $200 and not more than $25,000 per violation, as the court considers just; and ``(II) not more than $150,000 in the aggregate. ``(ii) Repeated violations.-- ``(I) 2 or more violations.--If, in an action brought against a service provider under paragraph (1), the copyright owner proves that the service provider violated subsection (b) not less than 1 time during the 3-year period beginning on the date of a final judgment entered against the service provider for a violation of that subsection, the copyright owner may elect to recover an award of statutory damages in an amount that is-- ``(aa) not less than $5,000 and not more than $400,000 per violation, as the court considers just; and ``(bb) not more than $800,000 in the aggregate. ``(II) 3 or more violations.--If, in an action brought against a service provider under paragraph (1), the copyright owner proves that the service provider violated subsection (b) not fewer than 2 times during the 5-year period beginning on the date of a final judgment entered against the service provider for a violation of that subsection, the court may increase the award of damages to not more than triple the amount that would otherwise be awarded under subparagraph (A) or subclause (I) of this clause, as the court considers just. ``(C) Innocent violations.--The court, in its discretion, may reduce or remit the total award of damages in any action brought against a service provider under paragraph (1)-- ``(i) in which the service provider proves by a preponderance of the evidence that the service provider was not aware and had no reason to believe that its acts constituted a violation of subsection (b); or ``(ii) for reasons of equity. ``(j) No Impact on Safe Harbor.-- ``(1) In general.--Nothing in this section shall be construed to alter the scope of the safe harbors set forth in subsections (a) through (e) of section 512, or to impose a condition on eligibility for those safe harbors. ``(2) No defense to liability.--The safe harbors set forth in subsections (a) through (e) of section 512 shall not constitute a defense to liability under this section. ``(k) Limitation of Liability.--Notwithstanding subsection (i), no covered service provider shall be held liable in a civil action on account of-- ``(1) any action voluntarily taken in good faith under this section to restrict access to or availability of material; or ``(2) any action taken under this section to enable or make available to covered service providers the technical means to restrict access to material described in paragraph (1).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following: ``514. Designation of certain technical measures to identify, protect, or manage copyrighted works.''. SEC. 4. ADVISORS. (a) Advisors to the Register.--Chapter 7 of title 17, United States Code, is amended by adding at the end the following: ``Sec. 711. Advisors to the Register ``(a) Chief Economist.--Not later than 180 days after the date of enactment of the SMART Copyright Act of 2022, the Register shall appoint a Chief Economist within the Office of the Register, who shall advise the Register on issues related to economic policy and copyright. ``(b) Chief Technology Advisor.-- ``(1) In general.--Not later than 180 days after the date of enactment of the SMART Copyright Act of 2022, the Register shall appoint a Chief Technology Advisor, who shall advise the Register on technology issues related to copyright law, including by evaluating and providing advice on the factors in section 514(e)(2). ``(2) Qualifications.--The individual appointed as Chief Technology Advisor under paragraph (1) shall have significant technical expertise, including experience with computer software, standards, and technological measures relevant to copyright law. ``(3) Term.--The individual appointed as Chief Technology Advisor under paragraph (1) shall serve for a limited term to be determined by the Register, but not to exceed 5 years.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 17, United States Code, is amended by adding at the end the following: ``711. Advisors to the Register.''. <all>

SMART Copyright Act of 2022

A bill to amend title 17, United States Code, to define and provide for accommodation and designation of technical measures to identify, protect, or manage copyrighted works, and for other purposes.

SMART Copyright Act of 2022 Strengthening Measures to Advance Rights Technologies Copyright Act of 2022

Sen. Tillis, Thomas

R

NC

H.R.2175

Transportation and Public Works

No Mask Mandate for Kids Act This bill prohibits executive branch agencies from imposing any requirement for masks to be worn in or on (1) airports; (2) commercial aircraft; (3) trains; (4) public maritime vessels, including ferries; (5) intercity bus services; and (6) all forms of public transportation.

To prohibit certain heads of Federal agencies and Administrations from imposing a mask requirement on certain domestic transportation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Mask Mandate for Kids Act''. SEC. 2. PROHIBITION ON MASK REQUIREMENT ON CERTAIN DOMESTIC MODES OF TRANSPORTATION. (a) Findings.--Congress finds the following: (1) There has been no reasonable scientific backing to support the Federal requirement that children wear masks. (2) Any directives regarding the wearing of masks should be decided by industries, States, and localities. (b) Restriction.--Notwithstanding any other provision of law, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Transportation (including through the Administrator of the Federal Aviation Administration), the Secretary of Homeland Security (including through the Administrator of the Transportation Security Administration and the Commandant of the United States Coast Guard), and the heads of any other executive departments and agencies that have relevant regulatory authority may not impose any requirement for masks to be worn in or on-- (1) airports; (2) commercial aircraft; (3) trains; (4) public maritime vessels, including ferries; (5) intercity bus services; and (6) all forms of public transportation (as such term is defined in section 5302 of title 49, United States Code). <all>

No Mask Mandate for Kids Act

To prohibit certain heads of Federal agencies and Administrations from imposing a mask requirement on certain domestic transportation, and for other purposes.

No Mask Mandate for Kids Act

Rep. Stewart, Chris

R

UT

S.1003

Housing and Community Development

Aid to Homeowners with Crumbling Foundations Act of 2021 This bill requires the Department of Housing and Urban Development to provide grants for states to assist residential building owners in repairing or replacing concrete foundations that have deteriorated due to pyrrhotite (an iron sulfide mineral).

To establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aid to Homeowners with Crumbling Foundations Act of 2021''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``covered State'' means a State that administers a crumbling foundations assistance fund; (2) the term ``crumbling foundations assistance fund'' means a fund established by a State the purpose of which is to receive public or private contributions to provide financial assistance to owners of residential buildings in the State to repair or replace the concrete foundations of those residential buildings that have deteriorated due to the presence of pyrrhotite; (3) the term ``residential building'' means any family dwelling, including any building, condominium unit, or dwelling in a planned unit development; and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. (b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and implement a program to make grants to covered States to assist owners of residential buildings with concrete foundations that have deteriorated due to the presence of pyrrhotite. (c) Application.--A covered State desiring 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. (d) Deposit of Funds.--A covered State receiving a grant under this section shall deposit any grant amounts into the crumbling foundations assistance fund of the State for the purpose of carrying out the activities described in subsection (e). (e) Use of Funds.--A covered State receiving a grant under this section shall-- (1) develop a single, unified application for owners of residential buildings to apply for all financial assistance from the crumbling foundations assistance fund of the covered State; (2) provide financial assistance to approved owners of residential buildings for the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite, including financial reimbursement to owners who have had such repair or replacement performed before the date of enactment of this Act; (3) assist approved owners of residential buildings to obtain additional financing necessary to fully fund the repair or replacement of concrete foundations that have deteriorated due to the presence of pyrrhotite; (4) approve contractors or other vendors for eligibility to perform foundation repairs or replacements on behalf of approved owners; (5) ensure that the financial assistance is used solely for costs of repairing and replacing concrete foundations that have deteriorated due to the presence of pyrrhotite; and (6) require the disclosure of the amount of all financial compensation received by an owner of the residential building, if any, arising out of a claim for coverage under the property coverage provisions of the homeowners policy for foundation deterioration due to the presence of pyrrhotite and ensure that the amount is considered when determining the amount of financial assistance offered to the owner. (f) Grant Amount and Duration.-- (1) Amount.--Each grant awarded to a covered State under this section in a fiscal year shall be in an amount of not more than $30,000,000. (2) Duration.--A grant awarded under this section shall be for a period of 5 years. (g) Annual Report.--The Secretary 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 report on the grant program established under this section, including a summary of the use of funds by covered States receiving a grant under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. <all>

Aid to Homeowners with Crumbling Foundations Act of 2021

A bill to establish a grant program to provide assistance to States to prevent and repair damage to structures due to pyrrhotite.

Aid to Homeowners with Crumbling Foundations Act of 2021

Sen. Murphy, Christopher

D

CT

H.R.974

Economics and Public Finance

Sustainable Budget Act of 2021 This bill establishes the National Commission on Fiscal Responsibility and Reform within the legislative branch to identify policies to improve the fiscal situation in the medium term and achieve fiscal sustainability over the long term. The commission must propose recommendations that (1) are designed to balance the budget, excluding interest payments on the debt, within 10 years; and (2) meaningfully improve the long-term fiscal outlook, including changes to address the growth of entitlement spending and the gap between projected federal revenues and expenditures. Congress must consider the commission's recommendations using specified expedited legislative procedures.

To establish a national commission on fiscal responsibility and reform, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Budget Act of 2021''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--Not later than 30 days after the date of the enactment of this Act, there shall be established within the legislative branch a commission to be known as the National Commission on Fiscal Responsibility and Reform (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition of commission.--A Commission shall be composed of 18 members of whom-- (A) six members shall be appointed by the President, of whom not more than 4 shall be from the same political party; (B) three members shall be appointed by the majority leader of the Senate, from among current Members of the Senate; (C) three members shall be appointed by the Speaker of the House of Representatives, from among current Members of the House of Representatives; (D) three members shall be appointed by the minority leader of the Senate, from among current Members of the Senate; and (E) three members shall be appointed by the minority leader of the House of Representatives, from among current Members of the House of Representatives. (2) Initial appointments.--Initial appointments to the Commission shall be made not later than 60 days after the establishment of the Commission. (3) Vacancy.--A vacancy on the Commission shall be filled in the same manner as the initial appointment. (c) Co-Chairpersons.--From among the members appointed under paragraph (1), the President shall designate 2 members, who shall not be of the same political party, to serve as Co-Chairpersons of the Commission. (d) Qualifications.--Members appointed to the Commission shall have significant depth of experience and responsibilities in matters relating to government service, fiscal policy, economics, Federal agency management or private sector management, public administration, and law. (e) Duties.-- (1) In general.--The Commission shall identify policies to improve the fiscal situation in the medium term and to achieve fiscal sustainability over the long term. (2) Requirements.--In carrying out paragraph (1), the Commission shall-- (A) propose recommendations designed to balance the budget, excluding interest payments on the debt, by the end of the 10-year period beginning on the date on which the Commission is established, in order to stabilize the debt-to-GDP ratio at an acceptable level; and (B) propose recommendations that meaningfully improve the long-term fiscal outlook, including changes to address the growth of entitlement spending and the gap between the projected revenues and expenditures of the Federal Government. (f) Reports.-- (1) In general.-- (A) Final report.--Not later than 1 year after the date on which members are appointed to the Commission under subsection (b), the Commission shall vote on the approval of a final report containing the recommendations required under subsection (e). (B) Interim reports.--At any time after the date on which members are appointed and prior to voting on the approval of a final report under subparagraph (A), the Commission may vote on the approval of an interim report containing such recommendations described in subsection (e) as the Commission may provide. (2) Approval of report.--The Commission may only issue a report under this subsection if-- (A) the report is approved by not less than 12 members of the Commission; and (B) of the members approving the report, at least 4 are members of the same political party to which the Speaker of the House of Representatives belongs and at least 4 are members of the same political party to which the minority leader of the House of Representatives belongs. (3) Submission of report to congress.--Each report approved under this subsection shall be submitted to Congress and made available to the public. (g) Powers of the Commission.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the duties of the Commission described in subsection (e). (2) Information from federal agencies.--The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out the duties of the Commission described in subsection (e). Upon request from the Co-Chairpersons of the Commission, the head of the Federal agency shall provide the information requested to the Commission. (3) Postal services.--The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Website.-- (A) Contents.--The Commission shall establish a website that shall contain-- (i) the recommendations required under subsection (e); and (ii) the records of attendance of the members of the Commission for each meeting of the Commission. (B) Date of publication.--The Commission shall publish a recommendation or record of attendance described under subparagraph (A) on the website established under such subparagraph not later than 72 hours after the conclusion of the meeting at which such recommendation is made or at which such record of attendance is taken. (h) Assistance of Other Legislative Branch Entities.-- (1) Government accountability office.--The Comptroller General shall provide technical assistance to the Commission, as the Commission conducts the work of the Commission, on the findings and recommendations of the Government Accountability Office. (2) Congressional budget office.--The Director of the Congressional Budget Office shall provide technical assistance to the Commission, as the Commission conducts the work of the Commission, on the findings and recommendations of the Congressional Budget Office. (3) Joint committee on taxation.--The chair of the Joint Committee on Taxation shall provide technical assistance to the Commission, as the Commission conducts the work of the Commission, on the findings and recommendations of the Joint Committee on Taxation. (i) Personnel Matters.-- (1) In general.--Members of the Commission shall serve without any additional compensation. (2) Travel expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, as rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Co-Chairpersons of the Commission, may without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Co-Chairpersons of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5613 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Co-Chairpersons of each Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (j) Termination of the Commission.--The Commission established shall terminate 30 days after the date on which the Commission submits the final report of the Commission under subsection (f). (k) Rules of Construction.--Nothing in this Act shall be construed to-- (1) impair or otherwise affect-- (A) authority granted by law to an executive department, agency, or the head thereof; or (B) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or (2) create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (l) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (2) Availability.--Any sums appropriated under paragraph (1) shall remain available, without fiscal year limitation, until expended. (m) Federal Agency Defined.--The term ``Federal agency'' means an establishment in the executive, legislative, or judicial branch of the Federal Government. SEC. 3. CONSIDERATION OF COMMISSION RECOMMENDATIONS. (a) Submission of Proposed Joint Resolution.--Not later than 60 days after the date on which the Commission submits a report to Congress under section 2(f)(3), the President shall transmit to Congress a special message on the report, accompanied by a proposed joint resolution consisting of legislative language to implement the recommendations contained in such report. (b) Requirements for Preparation of Proposed Joint Resolution.-- (1) Consultation with congress.-- (A) In general.--The President may not transmit a proposed joint resolution under subsection (a) until after the President completes consultation with Congress in accordance with this paragraph. (B) Consultation with committees.--The President shall consult with the chairman and ranking minority member of each relevant committee of the Senate or of the House of Representatives regarding the contents of a proposed joint resolution. (C) Requirements for consultation.--The consultation required under subparagraph (B) shall provide the opportunity for the chairman and ranking member of each relevant committee of the Senate or of the House of Representatives to provide-- (i) recommendations for alternative means of addressing the recommendations contained in the Commission report; and (ii) recommendations regarding which recommendations contained in the Commission report should not be addressed in the proposed joint resolution. (D) Relevant committees.--The relevant committees of the Senate and the House of Representatives for purposes of this paragraph shall be-- (i) determined by the President; and (ii) based on the content of the proposed joint resolution. (2) Consultation with gao and cbo.--The President shall prepare a proposed joint resolution transmitted under subsection (a) in consultation with the Comptroller General of the United States and the Director of the Congressional Budget Office. (c) Contents of Special Message.--A special message transmitted under subsection (a) shall-- (1) specify recommendations outlined in the Commission report that are excluded from the proposed joint resolution; (2) detail why the recommendations described in paragraph (1) were excluded from the proposed joint resolution; (3) specify recommendations outlined in the Commission report that are included in the proposed joint resolution; and (4) identify programs included in the Commission report that should be eliminated or consolidated. (d) Transmittal.--The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. (e) Public Availability.--The President shall make a copy of the special message and the proposed joint resolution publicly available, including publicly available on a website of the President, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. SEC. 4. EXPEDITED CONSIDERATION OF PROPOSED JOINT RESOLUTION. (a) Qualifying Legislation.-- (1) In general.--Only a Commission joint resolution shall be entitled to expedited consideration under this section. (2) Definition.--In this section, the term ``Commission joint resolution'' means a joint resolution which consists solely of the text of the proposed joint resolution submitted by the President under section 3(a). (b) Consideration in the House of Representatives.-- (1) Introduction.--A Commission joint resolution may be introduced in the House of Representatives (by request)-- (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the next legislative day after the date on which the President submits the proposed joint resolution under section 3(a); or (B) if the Commission joint resolution is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting.--Any committee of the House of Representatives to which a Commission joint resolution is referred shall report the Commission joint resolution to the House of Representatives without amendment not later than 10 legislative days after the date on which the Commission joint resolution was so referred. If a committee of the House of Representatives fails to report a Commission joint resolution within that period, it shall be in order to move that the House of Representatives discharge the committee from further consideration of the Commission joint resolution. Such a motion shall not be in order after the last committee authorized to consider the Commission joint resolution reports it to the House of Representatives or after the House of Representatives has disposed of a motion to discharge the Commission joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House of Representatives shall proceed immediately to consider the Commission joint resolution in accordance with paragraphs (3) and (4). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Proceeding to consideration.--After the last committee authorized to consider a Commission joint resolution reports it to the House of Representatives or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the Commission joint resolution in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Commission joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration.--The Commission joint resolution shall be considered as read. All points of order against the Commission joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the Commission joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and 1 motion to limit debate on the Commission joint resolution. A motion to reconsider the vote on passage of the Commission joint resolution shall not be in order. (5) Vote on passage.--The vote on passage of the Commission joint resolution shall occur not later than 3 legislative days after the date on which the last committee authorized to consider the Commission joint resolution reports it to the House of Representatives or is discharged. (c) Expedited Procedure in the Senate.-- (1) Introduction in the senate.--A Commission joint resolution may be introduced in the Senate (by request)-- (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next legislative day after the date on which the President submits the proposed joint resolution under section 3(a); or (B) if the Commission joint resolution is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration.--A Commission joint resolution introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Commission joint resolution without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 10 session days after the date on which the Commission joint resolution was so referred. If any committee to which a Commission joint resolution is referred fails to report the Commission joint resolution within that period, that committee shall be automatically discharged from consideration of the Commission joint resolution, and the Commission joint resolution shall be placed on the appropriate calendar. (3) Proceeding.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Commission joint resolution is reported or discharged from all committees to which the Commission joint resolution was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Commission joint resolution. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Commission joint resolution at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Commission joint resolution are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Commission joint resolution is agreed to, the Commission joint resolution shall remain the unfinished business until disposed of. All points of order against a Commission joint resolution and against consideration of the Commission joint resolution are waived. (4) No amendments.--An amendment to a Commission joint resolution, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the Commission joint resolution, is not in order. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Commission joint resolution shall be decided without debate. (d) Amendment.--A Commission joint resolution shall not be subject to amendment in either the Senate or the House of Representatives. (e) Consideration by the Other House.-- (1) In general.--If, before passing a Commission joint resolution, a House receives from the other House a Commission joint resolution of the other House-- (A) the Commission joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Commission joint resolution had been received from the other House until the vote on passage, when the Commission joint resolution received from the other House shall supplant the Commission joint resolution of the receiving House. (2) Revenue measures.--This subsection shall not apply to the House of Representatives if a Commission joint resolution received from the Senate is a revenue measure. (f) Rules To Coordinate Action With Other House.-- (1) Treatment of commission joint resolution of other house.--If a Commission joint resolution is not introduced in the Senate or the Senate fails to consider a Commission joint resolution under this section, the Commission joint resolution of the House of Representatives shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the senate.--If, following passage of a Commission joint resolution in the Senate, the Senate then receives from the House of Representatives a Commission joint resolution, the House-passed Commission joint resolution shall not be debatable. The vote on passage of the Commission joint resolution in the Senate shall be considered to be the vote on passage of the Commission joint resolution received from the House of Representatives. (3) Vetoes.--If the President vetoes a Commission joint resolution, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate. (g) Exercise of Rulemaking Power.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a Commission joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. <all>

Sustainable Budget Act of 2021

To establish a national commission on fiscal responsibility and reform, and for other purposes.

Sustainable Budget Act of 2021

Rep. Case, Ed

D

HI

S.1648

Armed Forces and National Security

This bill authorizes the construction of a naval vessel in a foreign shipyard if the shipyard is located within the boundaries of a member country of the North Atlantic Treaty Organization and the cost of construction of such vessel in such shipyard will be less than the cost of construction of the vessel in a domestic shipyard.

To amend title 10, United States Code, to authorize the construction of naval vessels in shipyards in North Atlantic Treaty Organization countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONSTRUCTION OF NAVAL VESSELS IN SHIPYARDS IN NORTH ATLANTIC TREATY ORGANIZATION COUNTRIES. Section 8679 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): ``(c) Construction of Naval Vessels in Shipyards in NATO Countries.--The Secretary of the Navy may construct a naval vessel in a foreign shipyard if-- ``(1) the shipyard is located within the boundaries of a member country of the North Atlantic Treaty Organization; and ``(2) the cost of construction of such vessel in such shipyard will be less than the cost of construction of such vessel in a domestic shipyard.''. <all>

A bill to amend title 10, United States Code, to authorize the construction of naval vessels in shipyards in North Atlantic Treaty Organization countries.

A bill to amend title 10, United States Code, to authorize the construction of naval vessels in shipyards in North Atlantic Treaty Organization countries.

Official Titles - Senate Official Title as Introduced A bill to amend title 10, United States Code, to authorize the construction of naval vessels in shipyards in North Atlantic Treaty Organization countries.

Sen. Lee, Mike

R

UT

H.R.6842

International Affairs

This bill authorizes the President to impose asset- and visa-blocking sanctions on any member of Russia's parliament who voted on February 15, 2022, to appeal to Russian President Vladimir Putin to recognize the Donetsk and Luhansk regions of Ukraine as one or more independent states.

To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SANCTIONS ON MEMBERS OF PARLIAMENT OF THE RUSSIAN FEDERATION WHO VOTED ON FEBRUARY 15, 2022, IN FAVOR OF THE APPEAL TO PRESIDENT VLADIMIR PUTIN TO RECOGNIZE THE REGIONS OF DONETSK AND LUHANSK IN SOUTHEASTERN UKRAINE AS ONE OR MORE INDEPENDENT STATES. (a) In General.--As a result of the decision of the Government of the Russian Federation to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states on February 21, 2022, the President is authorized to impose sanctions described in subsection (b) with respect to any member of the parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inadmissibility of certain individuals.-- (i) Ineligibility for visas, admission, or parole.--A person determined by the President to be subject to subsection (a) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.--A foreign person described in clause (i) is also subject to the following: (I) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (II) A revocation under subclause (I) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person's possession. (C) United states person.--In subparagraph (A), the term ``United States person'' means-- (i) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exceptions.-- (A) Exception for intelligence activities.-- Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (B) Exception to comply with international obligations and for law enforcement activities.-- Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary-- (i) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (ii) to carry out or assist law enforcement activities in the United States. (C) Exception relating to the importation of goods.-- (i) In general.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (c) Waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. <all>

To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states.

To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states.

Official Titles - House of Representatives Official Title as Introduced To provide for the imposition of sanctions on members of parliament of the Russian Federation who voted on February 15, 2022, in favor of the appeal to President Vladimir Putin to recognize the regions of Donetsk and Luhansk in southeastern Ukraine as one or more independent states.

Rep. Keating, William R.

D

MA

S.5156

Crime and Law Enforcement

Fairness for American Victims of State-Sponsored Terrorism Act This bill authorizes and provides funding for additional payments from the U.S. Victims of State Sponsored Terrorism Fund. Specifically, the bill (1) provides lump-sum catch-up payments from the fund to 9/11 victims and their families; and (2) makes victims of the 1983 bombing of the U.S. Marine Corps barracks in Beirut and their families eligible for lump-sum catch-up payments from the fund. The bill also rescinds specified unobligated funds that were provided for (1) the Small Business Administration's Paycheck Protection Program, and (2) emergency rental assistance.

To amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for American Victims of State-Sponsored Terrorism Act''. SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM ACT. (a) In General.--Section 404 of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(B), in the first sentence, by inserting ``and during the 1-year period beginning on the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel'' before the period at the end; and (B) in paragraph (2)(A), by inserting ``Not later than 30 days after the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master.'' after the period at the end of the second sentence; (2) in subsection (c)(3)(A), by striking clause (ii) and inserting the following: ``(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless-- ``(I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for payment; or ``(II) the final judgment was awarded to a 1983 Beirut barracks bombing victim before the date of enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, in which case such United States person shall have 180 days from the date of enactment of such Act to submit an application for payment.''; (3) in subsection (d)(4)-- (A) in subparagraph (A), by striking ``(B) and (C)'' and inserting ``(B), (C), and (D)''; (B) in subparagraph (C), by adding at the end the following: ``(iv) Authorization.-- ``(I) In general.--The Special Master shall authorize lump sum catch- up payments in amounts equal to the amounts described in subclauses (I), (II), and (III) of clause (iii). ``(II) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. ``(bb) Limitation.--Amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause.''; and (C) by adding at the end the following: ``(D) Lump sum catch-up payments for beirut barracks bombing victims, spouses, and dependents.-- ``(i) In general.--Not later than 1 year after the enactment of the Fairness for American Victims of State-Sponsored Terrorism Act, and in accordance with clauses (i) and (ii) of subsection (d)(3)(A), the Comptroller General of the United States shall conduct an audit and publish in the Federal Register a notice of proposed lump sum catch-up payments to the 1983 Beirut barracks bombing victims who have submitted applications in accordance with subsection (c)(3)(A)(ii)(II) in amounts that, after receiving the lump sum catch-up payments, would result in the percentage of the claims of such victims received from the Fund being equal to the percentage of the claims non-9/11 victim of state sponsored terrorism received from the Fund, as of the date of enactment of this subparagraph. ``(ii) Public comment.--The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). ``(iii) Report.--Not later than 30 days after the expiration of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, and the Special Master a report that includes the determination of the Comptroller General on the amount of the proposed lump sum catch-up payment for each Beirut barracks bombing victim and the total amount of such proposed lump sum catch-up payments. ``(iv) Lump sum catch-up payment reserve fund.-- ``(I) In general.--There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in accordance with this subsection. ``(II) Authorization.--Not earlier than 90 days after the date on which the Comptroller General submits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts described in clause (iii). ``(III) Appropriations.-- ``(aa) In general.--There are authorized to be appropriated and there are appropriated to the lump sum catch-up payment reserve fund $3,000,000,000 to carry out this clause, to remain available until expended. ``(bb) Limitation.--Except as provided in sublcause (IV), amounts appropriated pursuant to item (aa) may not be used for a purpose other than to make lump sum catch-up payments under this clause. ``(IV) Expiration.-- ``(aa) In general.--The lump sum catch-up payment reserve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pursuant to subclause (II). ``(bb) Remaining amounts.-- All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in clause (iii) shall be deposited into the Fund under this section.''; (4) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Deposit and transfer.--Beginning on the date of the enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section: ``(A) Criminal funds and property.--All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. ``(B) Civil funds and property.--Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism.''; (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and inserting ``(e)(2)''; and (6) in subsection (j), by adding at the end the following: ``(15) 1983 beirut bombing victim.--The term `1983 Beirut bombing victim' means a plaintiff, or estate or successor in interest thereof, who has an eligible claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Beirut, Lebanon.''. (b) Rescissions.-- (1) Business loans program account.--Of the unobligated balances of amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'', for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $2,982,000,000 are hereby rescinded. (2) Emergency rental assistance.--Of the unobligated balances of amounts made available under section 3201(a) of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 54), $3,000,000,000 are hereby rescinded. <all>

Fairness for American Victims of State-Sponsored Terrorism Act

A bill to amend the Justice for United States Victims of State Sponsored Terrorism Act to authorize appropriations for catch-up payments from the United States Victims of State Sponsored Terrorism Fund, and for other purposes.

Fairness for American Victims of State-Sponsored Terrorism Act

Sen. Cotton, Tom

R

AR

H.R.2317

Health

We Will Not Comply Act This bill prohibits discrimination based on an individual's COVID-19 vaccination status. Specifically, the bill bars certain commercial businesses from discriminating on the basis of an individual's COVID-19 vaccination status. In addition, the bill generally prohibits using federal funds to establish or enforce COVID-19 vaccination requirements. Further, federal funds may not be used to compel an individual with a religious objection to vaccinations to receive a vaccine. The bill also prohibits federal funding of educational institutions that require an individual to receive a COVID-19 vaccine to participate in academic or extracurricular activities. Additionally, a public school or public college may not deny access to the school or college based on whether an individual has received a vaccine, including the COVID-19 vaccine. Furthermore, air carriers may not deny an individual access to air transportation solely on the basis of COVID-19 vaccination status. The bill also prohibits proof of a COVID-19 vaccine as a condition of receiving a U.S. passport. The bill establishes a private right of action for individuals who have been discriminated against based on COVID-19 vaccine status or failure to comply with a requirement to wear a face covering.

To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``We Will Not Comply Act''. SEC. 2. INTERSTATE COMMERCE. No entity that is subject to title II of the Civil Rights Act of 1964 may discriminate against any person because such person has or has not received a COVID-19 vaccine. SEC. 3. FUNDING RIDERS. (a) In General.--No Federal funds may be used to require any individual to receive a COVID-19 vaccine, or to enforce any such requirement. (b) No Conditions for Educational Institutions.-- (1) In general.--No Federal funds may be made available to any elementary school, secondary school, or institution of higher education if such school or institution requires an individual to receive a COVID-19 vaccine as a condition for attendance or participation in any academic or extra-curricular activity, including sports teams, athletic clubs, or any other voluntary organization. (2) Definitions.--In this subsection: (A) The terms ``elementary school'' and ``secondary school'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (B) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (c) Clarification.--No Federal funds may be used to compel an individual who has a religious objection to a vaccine or to vaccination to receive such vaccine or vaccination. SEC. 4. PRIVATE RIGHT OF ACTION. An individual who has been discriminated against on the basis of the individual's COVID-19 vaccine status, or the individual's failure to comply with a requirement to wear a face covering, may bring an action in the appropriate United States district court seeking damages. SEC. 5. PROHIBITION ON VACCINE REQUIREMENTS TO OBTAIN GOVERNMENT DOCUMENTS. Notwithstanding any other provision of law, an individual may not be required to have received a COVID-19 vaccine as a condition for obtaining a United States passport. SEC. 6. INTERSTATE TRAVEL UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, shall prohibit air carriers and foreign air carriers (as such terms are defined in section 40102(a) of title 49, United States Code) from denying an individual air transportation solely because such individual has not been vaccinated against COVID-19. (b) Rule of Construction.--This section does not prohibit the United States Government from requiring that aliens receive a COVID-19 vaccine before entering the United States. SEC. 7. CIVIL RIGHTS AND EDUCATIONAL OPPORTUNITIES. (a) In General.--No public school or public college (as such terms are defined in section 401 of the Civil Rights Act of 1964 (42 U.S.C. 2000c) may deny an individual access to the school or college based on whether the individual has received a vaccine, including a vaccine for COVID-19. (b) Enforcement by the Attorney General.--The Attorney General may enforce this section in the same manner as title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that Jacobson v. Massachusetts (197 U.S. 11; 1905) should be overturned. <all>

We Will Not Comply Act

To provide that United States citizens may not be discriminated against based on their COVID-19 vaccination status, and for other purposes.

We Will Not Comply Act

Rep. Greene, Marjorie Taylor

R

GA

S.3779

Finance and Financial Sector

Adjustable Interest Rate (LIBOR) Act This bill provides for the transition of certain financial contracts away from the London Interbank Offered Rate (LIBOR), a reference interest rate based upon the lending terms certain banks offer to each other for various lengths of time. LIBOR is set to be retired in 2023. Various financial contracts reference LIBOR as a benchmark for prevailing interest rates and use LIBOR in calculating certain payments or obligations. In the event a contract referencing LIBOR does not have a fallback or replacement rate provision in effect when LIBOR is retired, or a replacement rate is not selected by a determining person as defined by the bill, the bill provides for a transition to a replacement rate selected by the Board of Governors of the Federal Reserve System. The bill also provides for conforming changes to these contracts, the continuity and enforceability of these contracts, and protections against liability as a result of such a transition.

To establish a clear and uniform process, on a nationwide basis, for replacing the London interbank offered rate in existing contracts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adjustable Interest Rate (LIBOR) Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) LIBOR is used as a benchmark rate in more than $200,000,000,000,000 worth of contracts worldwide; (2) a significant number of existing contracts that reference LIBOR do not provide for the use of a clearly defined or practicable replacement benchmark rate when LIBOR is discontinued; and (3) the cessation or nonrepresentativeness of LIBOR could result in disruptive litigation related to existing contracts that do not provide for the use of a clearly defined or practicable replacement benchmark rate. (b) Purpose.--It is the purpose of this Act-- (1) to establish a clear and uniform process, on a nationwide basis, for replacing LIBOR in existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate, without affecting the ability of parties to use any appropriate benchmark rate in new contracts; (2) to preclude litigation related to existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate; (3) to allow existing contracts that reference LIBOR but provide for the use of a clearly defined and practicable replacement rate, to operate according to their terms; and (4) to address LIBOR references in Federal law. SEC. 3. DEFINITIONS. In this Act: (1) Benchmark.--The term ``benchmark'' means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of or as a reference for calculating or determining any valuation, payment, or other measurement. (2) Benchmark administrator.--The term ``benchmark administrator'' means a person that publishes a benchmark for use by third parties. (3) Benchmark replacement.--The term ``benchmark replacement'' means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of LIBOR), to replace LIBOR or any interest rate or dividend rate based on LIBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to a LIBOR contract. (4) Benchmark replacement conforming changes.--The term ``benchmark replacement conforming changes'' means any technical, administrative, or operational changes, alterations, or modifications that-- (A) the Board determines, in its discretion, would address 1 or more issues affecting the implementation, administration, and calculation of the Board-selected benchmark replacement in LIBOR contracts; or (B) solely with respect to a LIBOR contract that is not a consumer loan, in the reasonable judgment of a calculating person, are otherwise necessary or appropriate to permit the implementation, administration, and calculation of the Board-selected benchmark replacement under or with respect to a LIBOR contract after giving due consideration to any benchmark replacement conforming changes under subparagraph (A). (5) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (6) Board-selected benchmark replacement.--The term ``Board-selected benchmark replacement'' means a benchmark replacement identified by the Board that is based on SOFR, including any tenor spread adjustment pursuant to section 4(e). (7) Calculating person.--The term ``calculating person'' means, with respect to any LIBOR contract, any person, including the determining person, responsible for calculating or determining any valuation, payment, or other measurement based on a benchmark. (8) Consumer; credit.--The terms ``consumer'' and ``credit'' have the meanings given the terms in section 103 of the Truth in Lending Act (15 U.S.C. 1602). (9) Consumer loan.--The term ``consumer loan'' means a consumer credit transaction. (10) Determining person.--The term ``determining person'' means, with respect to any LIBOR contract, any person with the authority, right, or obligation, including on a temporary basis (as identified by the LIBOR contract or by the governing law of the LIBOR contract, as appropriate) to determine a benchmark replacement. (11) Fallback provisions.--The term ``fallback provisions'' means terms in a LIBOR contract for determining a benchmark replacement, including any terms relating to the date on which the benchmark replacement becomes effective. (12) IBOR.--The term ``IBOR'' means LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease. (13) IBOR benchmark replacement.--The term ``IBOR benchmark replacement'' means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of an IBOR), to replace an IBOR or any interest rate or dividend rate based on an IBOR, whether on a temporary, permanent, or indefinite basis, under or with respect to an IBOR contract. (14) IBOR contract.--The term ``IBOR contract'' means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, continues in any way to use an IBOR as a benchmark. (15) LIBOR.--The term ``LIBOR''-- (A) means the overnight and 1-, 3-, 6-, and 12- month tenors of U.S. dollar LIBOR (formerly known as the London interbank offered rate) as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof); and (B) does not include the 1-week or 2-month tenors of U.S. dollar LIBOR. (16) LIBOR contract.--The term ``LIBOR contract'' means any contract, agreement, indenture, organizational document, guarantee, mortgage, deed of trust, lease, security (whether representing debt or equity, including any interest in a corporation, a partnership, or a limited liability company), instrument, or other obligation or asset that, by its terms, uses LIBOR as a benchmark. (17) LIBOR replacement date.--The term ``LIBOR replacement date'' means the first London banking day after June 30, 2023, unless the Board determines that any LIBOR tenor will cease to be published or cease to be representative on a different date. (18) Security.--The term ``security'' has the meaning given the term in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a)). (19) SOFR.--The term ``SOFR'' means the Secured Overnight Financing Rate published by the Federal Reserve Bank of New York (or a successor administrator). (20) Tenor spread adjustment.--The term ``tenor spread adjustment'' means-- (A) 0.00644 percent for overnight LIBOR; (B) 0.11448 percent for 1-month LIBOR; (C) 0.26161 percent for 3-month LIBOR; (D) 0.42826 percent for 6-month LIBOR; and (E) 0.71513 percent for 12-month LIBOR. SEC. 4. LIBOR CONTRACTS. (a) In General.--On the LIBOR replacement date, the Board-selected benchmark replacement shall be the benchmark replacement for any LIBOR contract that, after giving any effect to subsection (b)-- (1) contains no fallback provisions; or (2) contains fallback provisions that identify neither-- (A) a specific benchmark replacement; nor (B) a determining person. (b) Fallback Provisions.--On the LIBOR replacement date, any reference in the fallback provisions of a LIBOR contract to-- (1) a benchmark replacement that is based in any way on any LIBOR value, except to account for the difference between LIBOR and the benchmark replacement; or (2) a requirement that a person (other than a benchmark administrator) conduct a poll, survey, or inquiries for quotes or information concerning interbank lending or deposit rates; shall be disregarded as if not included in the fallback provisions of such LIBOR contract and shall be deemed null and void and without any force or effect. (c) Authority of Determining Person.-- (1) In general.--Subject to subsection (f)(2), a determining person may select the Board-selected benchmark replacement as the benchmark replacement. (2) Selection.--Any selection by a determining person of the Board-selected benchmark replacement pursuant to paragraph (1) shall be-- (A) irrevocable; (B) made by the earlier of the LIBOR replacement date and the latest date for selecting a benchmark replacement according to the terms of the LIBOR contract; and (C) used in any determinations of the benchmark under or with respect to the LIBOR contract occurring on and after the LIBOR replacement date. (3) No selection.--If a determining person does not select a benchmark replacement by the date specified in paragraph (2)(B), the Board-selected benchmark replacement, on and after the LIBOR replacement date, shall be the benchmark replacement for the LIBOR contract. (d) Conforming Changes.-- (1) In general.--If the Board-selected benchmark replacement becomes the benchmark replacement for a LIBOR contract pursuant to subsection (a) or (c), all benchmark replacement conforming changes shall become an integral part of the LIBOR contract. (2) No consent required.--A calculating person shall not be required to obtain consent from any other person prior to the adoption of benchmark replacement conforming changes. (e) Adjustment by Board.-- (1) In general.--Except as provided in paragraph (2), on the LIBOR replacement date, the Board shall adjust the Board- selected benchmark replacement for each category of LIBOR contract that the Board may identify to include the relevant tenor spread adjustment. (2) Consumer loans.--For LIBOR contracts that are consumer loans, the Board shall adjust the Board-selected benchmark replacement as follows: (A) During the 1-year period beginning on the LIBOR replacement date, incorporate an amount, to be determined for any business day during that period, that transitions linearly from the difference between the Board-selected benchmark replacement and the corresponding LIBOR tenor determined as of the day immediately before the LIBOR replacement date to the relevant tenor spread adjustment. (B) On and after the date that is 1 year after the LIBOR replacement date, incorporate the relevant tenor spread adjustment. (f) Rule of Construction.--Nothing in this Act may be construed to alter or impair-- (1) any written agreement specifying that a LIBOR contract shall not be subject to this Act; (2) except as provided in subsection (b), any LIBOR contract that contains fallback provisions that identify a benchmark replacement that is not based in any way on any LIBOR value (including the prime rate or the effective Federal funds rate); (3) except as provided in subsection (b) or (c)(3), any LIBOR contract subject to subsection (c)(1) as to which a determining person does not elect to use a Board-selected benchmark replacement pursuant to that subsection; (4) the application to a Board-selected benchmark replacement of any cap, floor, modifier, or spread adjustment to which LIBOR had been subject pursuant to the terms of a LIBOR contract; (5) any provision of Federal consumer financial law that-- (A) requires creditors to notify borrowers regarding a change-in-terms; or (B) governs the reevaluation of rate increases on credit card accounts under open-ended (not home- secured) consumer credit plans; or (6) except as provided in section 5(c), the rights or obligations of any person, or the authorities of any agency, under Federal consumer financial law, as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). SEC. 5. CONTINUITY OF CONTRACT AND SAFE HARBOR. (a) In General.--A Board-selected benchmark replacement and the selection or use of a Board-selected benchmark replacement as a benchmark replacement under or with respect to a LIBOR contract, and any benchmark replacement conforming changes, shall constitute-- (1) a commercially reasonable replacement for and a commercially substantial equivalent to LIBOR; (2) a reasonable, comparable, or analogous rate, index, or term for LIBOR; (3) a replacement that is based on a methodology or information that is similar or comparable to LIBOR; (4) substantial performance by any person of any right or obligation relating to or based on LIBOR; and (5) a replacement that has historical fluctuations that are substantially similar to those of LIBOR for purposes of the Truth in Lending Act (15 U.S.C. 1601 note) and regulations promulgated under that Act. (b) No Impairment.--Neither the selection or use of a Board- selected benchmark replacement as a benchmark replacement nor the determination, implementation, or performance of benchmark replacement conforming changes under section 4 may-- (1) be deemed to impair or affect the right of any person to receive a payment, or to affect the amount or timing of such payment, under any LIBOR contract; or (2) have the effect of-- (A) discharging or excusing performance under any LIBOR contract for any reason, claim, or defense (including any force majeure or other provision in any LIBOR contract); (B) giving any person the right to unilaterally terminate or suspend performance under any LIBOR contract; (C) constituting a breach of any LIBOR contract; or (D) voiding or nullifying any LIBOR contract. (c) Safe Harbor.--No person shall be subject to any claim or cause of action in law or equity or request for equitable relief, or have liability for damages, arising out of-- (1) the selection or use of a Board-selected benchmark replacement, (2) the implementation of benchmark replacement conforming changes, or (3) with respect to a LIBOR contract that is not a consumer loan, the determination of benchmark replacement conforming changes, in each case after giving effect to the provisions of section 4; provided, however, that in each case any person (including a calculating person) shall remain subject to the terms of a LIBOR contract that are not affected by this Act and any existing legal, regulatory, or contractual obligations to correct servicing or other ministerial errors under or with respect to a LIBOR contract. (d) Selection.--The selection or use of a Board-selected benchmark replacement or the determination, implementation, or performance of benchmark replacement conforming changes under section 4 shall not be deemed to-- (1) be an amendment or modification of any LIBOR contract; or (2) prejudice, impair, or affect the rights, interests, or obligations of any person under or with respect to any LIBOR contract. (e) No Negative Inference.--Except as provided in subsection (a), (b), or (c)(1) of section 4, nothing in this Act may be construed to create any negative inference or negative presumption regarding the validity or enforceability of-- (1) any benchmark replacement (including any method for calculating, determining, or implementing an adjustment to the benchmark replacement to account for any historical differences between LIBOR and the benchmark replacement) that is not a Board-selected benchmark replacement; or (2) any changes, alterations, or modifications to or with respect to a LIBOR contract that are not benchmark replacement conforming changes. SEC. 6. BENCHMARK FOR LOANS. (a) Definitions.--In this section: (1) Bank.--The term ``bank'' means an institution subject to examination by a Federal financial institutions regulatory agency. (2) Covered action.--The term ``covered action'' means-- (A) the initiation by a Federal supervisory agency of an enforcement action, including the issuance of a cease-and-desist order; or (B) the issuance by a Federal supervisory agency of a matter requiring attention, a matter requiring immediate attention; or a matter requiring board attention resulting from a supervisory activity conducted by the Federal supervisory agency. (3) Federal financial institutions regulatory agency.--The term ``Federal financial institutions regulatory agencies'' has the meaning given the term in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302). (4) Federal supervisory agency.--The term ``Federal supervisory agency'' means an agency listed in subparagraphs (A) through (H) of section 1101(7) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401(7)). (5) Non-IBOR loan.--The term ``non-IBOR loan'' means any loan that, by its terms, does not use in any way LIBOR, any tenor of non-U.S. dollar currency rates formerly known as the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any predecessor or successor administrator thereof), and any other interbank offered rates that are expected to cease, as a benchmark. (b) Benchmarks Used by Banks.--With respect to a benchmark used by a bank-- (1) the bank, in any non-IBOR loan made before, on, or after the date of enactment of this Act, may use any benchmark, including a benchmark that is not SOFR, that the bank determines to be appropriate for the funding model of the bank; the needs of the customers of the bank; and the products, risk profile, risk management capabilities, and operational capabilities of the bank; provided, however, that the use of any benchmark shall remain subject to the terms of the non-IBOR loan, and applicable law; and (2) no Federal supervisory agency may take any covered action against the bank solely because that benchmark is not SOFR. SEC. 7. PREEMPTION. This Act, and regulations promulgated under this Act, shall supersede any provision of any State or local law, statute, rule, regulation, or standard-- (1) relating to the selection or use of a benchmark replacement or related conforming changes; or (2) expressly limiting the manner of calculating interest, including the compounding of interest, as that provision applies to the selection or use of a Board-selected benchmark replacement or benchmark replacement conforming changes. SEC. 8. TRUST INDENTURE ACT OF 1939. Section 316(b) of the Trust Indenture Act of 1939 (15 U.S.C. 77ppp(b)) is amended-- (1) by striking ``, except as'' and inserting ``, except-- ``(1) as''; (2) in paragraph (1), as so designated, by striking ``(a), and except that'' and inserting ``(a); ``(2) that''; (3) in paragraph (2), as so designated, by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(3) that the right of any holder of any indenture security to receive payment of the principal of and interest on such indenture security shall not be deemed to be impaired or affected by any change occurring by the application of section 4 of the Adjustable Interest Rate (LIBOR) Act to any indenture security.''. SEC. 9. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965. Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end the following: ``(viii) Revised calculation rule to address instances where 1-month usd libor ceases or is non-representative.-- ``(I) Substitute reference index.-- The provisions of this clause apply to loans for which the special allowance payment would otherwise be calculated pursuant to clause (vii). ``(II) Calculation based on sofr.-- For loans described in subclause (III) or (IV), the special allowance payment described in this subclause shall be substituted for the payment provided under clause (vii). For each calendar quarter, the formula for computing the special allowance that would otherwise apply under clause (vii) shall be revised by substituting `of the quotes of the 30-day Average Secured Overnight Financing Rate (SOFR) in effect for each of the days in such quarter as published by the Federal Reserve Bank of New York (or a successor administrator), adjusted daily by adding the tenor spread adjustment, as that term is defined in the Adjustable Interest Rate (LIBOR) Act, for 1-month LIBOR contracts of 0.11448 percent' for `of the 1-month London Inter Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter as compiled and released by the British Bankers Association'. The special allowance calculation for loans subject to clause (vii) shall otherwise remain in effect. ``(III) Loans eligible for sofr- based calculation.--Except as provided in subclause (IV), the special allowance payment calculated under subclause (II) shall apply to all loans for which the holder (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) at any time after the effective date of this clause notifies the Secretary that the holder or beneficial owner affirmatively and permanently elects to waive all contractual, statutory, or other legal rights to a special allowance paid under clause (vii) or to the special allowance paid pursuant to any other formula that was previously in effect with respect to such loan, and accepts the rate described in subclause (II). Any such waiver shall apply to all loans then held, or to be held from time to time, by such holder or beneficial owner; provided that, due to the need to obtain the approval of, demonstrated to the satisfaction of the Secretary-- ``(aa) one or more third parties with a legal or beneficial interest in loans eligible for the SOFR-based calculation; or ``(bb) a nationally recognized rating organization assigning a rating to a financing secured by loans otherwise eligible for the SOFR-based calculation, the holder of the loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) may elect to apply the rate described in subclause (II) to specified loan portfolios established for financing purposes by separate notices with different effective dates. The special allowance rate based on SOFR shall be effective with respect to a portfolio as of the first day of the calendar quarter following the applicable effective date of the waiver received by the Secretary from the holder or beneficial owner and shall permanently and irrevocably continue for all subsequent quarters. ``(IV) Fallback provisions.-- ``(aa) In the event that a holder or beneficial owner has not elected to waive its rights to a special allowance payment under clause (vii) with respect to a portfolio with an effective date of the waiver prior to the first of-- ``(AA) the date on which the ICE Benchmark Administration (`IBA') has permanently or indefinitely stopped providing the 1-month United States Dollar LIBOR (`1-month USD LIBOR') to the general public; ``(BB) the effective date of an official public statement by the IBA or its regulator that the 1-month USD LIBOR is no longer reliable or no longer representative; or ``(CC) the LIBOR replacement date, as defined in section 3 of the Adjustable Interest Rate (LIBOR) Act, the special allowance rate calculation as described in subclause (II) shall, by operation of law, apply to all loans in such portfolio. ``(bb) In such event-- ``(AA) the last determined rate of special allowance based on 1-month USD LIBOR will continue to apply until the end of the then current calendar quarter; and ``(BB) the special allowance rate calculation as described in subclause (II) shall become effective as of the first day of the following calendar quarter and remain in effect for all subsequent calendar quarters.''. SEC. 10. RULEMAKING. Not later than 180 days after the date of enactment of this Act, the Board shall promulgate regulations to carry out this Act. <all>

Adjustable Interest Rate (LIBOR) Act

A bill to establish a clear and uniform process, on a nationwide basis, for replacing the London interbank offered rate in existing contracts, and for other purposes.

Adjustable Interest Rate (LIBOR) Act

Sen. Tester, Jon

D

MT

S.J.Res.51

International Affairs

This joint resolution prohibits the proposed foreign military sale of specified defense articles and services to Egypt.

117th CONGRESS 2d Session S. J. RES. 51 Providing for congressional disapproval of the proposed foreign military sale to the Government of Egypt of certain defense articles and services. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 6, 2022 Mr. Paul introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval of the proposed foreign military sale to the Government of Egypt of certain defense articles and services. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following proposed foreign military sale to the Government of Egypt is prohibited: (1) The sale of the following defense articles and services, described in Transmittal No. 21-0M, submitted to Congress pursuant to section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)), and published in the Congressional Record on May 26, 2022: (A) The following Major Defense Equipment (MDE): four (4) MK 49 MOD 5 RAM Guided Missile Launching Systems (GMLS) (MDE). (B) The following non-MOE: support equipment; sparing; U.S. Government and contractor technical assistance; and U.S. Government non-technical support. <all>

A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Egypt of certain defense articles and services.

A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Egypt of certain defense articles and services.

Official Titles - Senate Official Title as Introduced A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Egypt of certain defense articles and services.

Sen. Paul, Rand

R

KY

H.R.5577

Government Operations and Politics

This bill designates the facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, as the John R. Lewis Post Office Building.

[117th Congress Public Law 184] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2169]] Public Law 117-184 117th Congress An Act To designate the facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, as the ``John R. Lewis Post Office Building''. <<NOTE: Oct. 4, 2022 - [H.R. 5577]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOHN R. LEWIS POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, shall be known and designated as the ``John R. Lewis Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``John R. Lewis Post Office Building''. Approved October 4, 2022. LEGISLATIVE HISTORY--H.R. 5577: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Feb. 1, considered and passed House. Sept. 20, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, as the "John R. Lewis Post Office Building".

To designate the facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, as the "John R. Lewis Post Office Building".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 3900 Crown Road Southwest in Atlanta, Georgia, as the "John R. Lewis Post Office Building".

Rep. Williams, Nikema

D

GA

H.R.1550

Health

Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021 or the PREVENT HPV Cancers Act of 2021 This bill reauthorizes through FY2026 and expands Department of Health and Human Services activities to educate health care providers and the public about human papillomavirus (HPV), its association with certain cancers, and the importance of HPV vaccines. Specifically, the bill (1) requires relevant educational materials to include information about both cervical cancer and other HPV-associated cancers and about the importance of HPV vaccines, including for males; (2) expands the scope of a national education campaign about gynecologic cancers to address HPV-associated cancers more broadly and target specified, at-risk populations; and (3) authorizes demonstration projects to increase knowledge and awareness of gynecologic cancers.

To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021'' or the ``PREVENT HPV Cancers Act of 2021''. SEC. 2. PREVENTING HPV AND HPV-ASSOCIATED CANCERS; REAUTHORIZING JOHANNA'S LAW. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (B), by striking ``cervical''; (B) in subparagraph (C), by striking ``and'' at the end; (C) in subparagraph (D) by striking ``other'' and all that follows through ``cancer.'' and inserting ``recommended diagnostics for early intervention for, and prevention of, HPV-associated cancers; and''; and (D) by adding at the end the following: ``(E) the importance of recommended vaccines for prevention of HPV and HPV-associated cancers, including for males;''; and (2) by amending subsection (d) to read as follows: ``(d) Johanna's Law.-- ``(1) National public awareness campaign.-- ``(A) In general.--The Secretary shall carry out a national campaign to increase the awareness and knowledge of health care providers and individuals with respect to gynecologic cancers, HPV, and HPV-associated cancers, and the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers, HPV, and HPV- associated cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include publishing materials in digital or print form, public engagement, and developing and placing public service announcements intended to encourage individuals to discuss with their physicians-- ``(i) their risk of gynecologic cancers and HPV-associated cancers; and ``(ii) the importance of HPV vaccines in preventing HPV and HPV-associated cancers. ``(D) Targeted populations.--Activities under the national campaign under subparagraph (A) shall include culturally and linguistically competent public service announcements and other forms of communication and public engagement under subparagraph (C) targeted to-- ``(i) specific higher-risk populations of individuals based on race, ethnicity, level of acculturation, and family history, including African-American and Ashkenazi Jewish individuals; ``(ii) communities with high rates of unvaccinated individuals, including males; ``(iii) rural communities; ``(iv) populations affected by increasing rates of oropharynx cancers; ``(v) health care providers specializing in assisting survivors of sexual assault; and ``(vi) such other communities as the Secretary determines appropriate. ``(2) Consultation.--In carrying out the national campaign under this section, the Secretary shall consult with-- ``(A) health care providers; ``(B) nonprofit organizations (including gynecologic cancer organizations and organizations that represent communities and individuals most affected by HPV-associated cancers and low vaccination rates); ``(C) State and local public health departments; and ``(D) elementary and secondary education organizations and institutions of higher education. ``(3) Demonstration projects regarding outreach and education strategies.-- ``(A) In general.-- ``(i) Program.--The Secretary may carry out a program to award grants or contracts to public or nonprofit private entities for the purpose of carrying out demonstration projects to test, compare, and evaluate different evidence-based outreach and education strategies to increase the awareness and knowledge of women, their families, physicians, nurses, and other key health professionals with respect to gynecologic cancers, including with respect to early warning signs, risk factors, prevention, screening, and treatment options. ``(ii) Science-based resources.--In making awards under clause (i), the Secretary shall encourage awardees to use science-based resources such as the Inside Knowledge About Gynecologic Cancer education campaign of the Centers for Disease Control and Prevention. ``(B) Preferences in awarding grants or contracts.--In making awards under subparagraph (A), the Secretary shall give preference to-- ``(i) applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at increased risk of gynecologic cancers; and ``(ii) applicants that, in the demonstration project funded by the grant or contract, will establish linkages between physicians, nurses, other key health professionals, health profession students, hospitals, payers, and State health departments. ``(C) Application.--To seek a grant or contract under subparagraph (A), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this paragraph. ``(D) Certain requirements.--In making awards under subparagraph (A), the Secretary shall-- ``(i) make awards, as practicable, to not fewer than five applicants; and ``(ii) ensure that information provided through demonstration projects under this paragraph is consistent with the best available medical information. ``(E) Report to congress.--Not later than 24 months after the date of the enactment of the PREVENT HPV Cancers Act of 2021, and annually thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that-- ``(i) summarizes the activities of demonstration projects under subparagraph (A); ``(ii) evaluates the extent to which the projects were effective in increasing awareness and knowledge of risk factors and early warning signs in the populations to which the projects were directed; and ``(iii) identifies barriers to early detection and appropriate treatment of such cancers. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2026.''. Passed the House of Representatives November 30, 2021. Attest: CHERYL L. JOHNSON, Clerk.

PREVENT HPV Cancers Act of 2021

To amend the Public Health Service Act to provide for a public awareness campaign with respect to human papillomavirus, and for other purposes.

PREVENT HPV Cancers Act of 2021 Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021 PREVENT HPV Cancers Act of 2021 Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021 PREVENT HPV Cancers Act of 2021 Promoting Resources to Expand Vaccination, Education, and New Treatments for HPV Cancers Act of 2021 PREVENT HPV Cancers Act of 2021 Promoting Resources to Expand Vaccination, Education and New Treatments for HPV Cancers Act of 2021

Rep. Castor, Kathy

D

FL

H.R.7846

Armed Forces and National Security

Veterans' Compensation Cost-of-Living Adjustment Act of 2022 This act requires the Department of Veterans Affairs (VA) to increase the amounts payable for wartime disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Specifically, the VA must increase the amounts by the same percentage as the cost-of-living increase in benefits for Social Security recipients that is effective on December 1, 2022. The act requires the VA to publish the amounts payable, as increased, in the Federal Register. The VA is authorized to make a similar adjustment to the rates of disability compensation payable to persons who have not received compensation for service-connected disability or death.

[117th Congress Public Law 191] [From the U.S. Government Publishing Office] [[Page 136 STAT. 2207]] Public Law 117-191 117th Congress An Act To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. <<NOTE: Oct. 10, 2022 - [H.R. 7846]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Veterans' Compensation Cost-of-Living Adjustment Act of 2022. 38 USC 101 note.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 2022''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) <<NOTE: 38 USC 1114 note.>> Rate Adjustment.--Effective on December 1, 2022, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2022, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.--Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (d) <<NOTE: 38 USC 1114 note.>> Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. [[Page 136 STAT. 2208]] SEC. 3. <<NOTE: Federal Register, publication. Deadline. 38 USC 1114 note.>> PUBLICATION OF ADJUSTED RATES. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. Approved October 10, 2022. LEGISLATIVE HISTORY--H.R. 7846: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 13, considered in House. Sept. 14, prior proceedings vacated; considered and passed House. Sept. 22, considered and passed Senate. <all>

Veterans' Compensation Cost-of-Living Adjustment Act of 2022

To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes.

Veterans’ Compensation Cost-of-Living Adjustment Act of 2022 Veterans’ Compensation Cost-of-Living Adjustment Act of 2022

Rep. Luria, Elaine G.

D

VA

S.811

International Affairs

Taiwan Fellowship Act This bill directs the Department of State to establish a program to provide fellowships in Taiwan to qualifying U.S. government employees. Each program fellow shall work in (1) a Taiwanese government agency; or (2) a nongovernmental organization, such as the American Institute in Taiwan, whose interests are associated with the interests of the fellow's employing U.S. government agency. (In 1979, the United States established diplomatic relations with China and ended formal diplomatic ties with Taiwan. The American Institute in Taiwan is a private organization that has a contract with the State Department to represent U.S. interests in Taiwan and provide consular services.)

To establish the Taiwan Fellowship Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Fellowship Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) The Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.) affirmed United States policy ``to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area''. (2) Consistent with the Asia Reassurance Initiative Act of 2018 (Public Law 115-409), the United States has grown its strategic partnership with Taiwan's vibrant democracy of 23,000,000 people. (3) Despite a concerted campaign by the People's Republic of China to isolate Taiwan from its diplomatic partners and from international organizations, including the World Health Organization, Taiwan has emerged as a global leader in the coronavirus global pandemic response, including by donating more than 2,000,000 surgical masks and other medical equipment to the United States. (4) The creation of a United States fellowship program with Taiwan would support a key priority of expanding people-to- people exchanges, which was outlined in the President's 2017 National Security Strategy. (b) Purposes.--The purposes of this Act are-- (1) to further strengthen the United States-Taiwan strategic partnership and broaden understanding of the Indo- Pacific region by temporarily assigning officials of any branch of the United States Government to Taiwan for intensive study in Mandarin and placement as Fellows with the governing authorities on Taiwan or a Taiwanese civic institution; (2) to provide for eligible United States personnel to learn or strengthen Mandarin Chinese language skills and to expand their understanding of the political economy of Taiwan and the Indo-Pacific region; and (3) to better position the United States to advance its economic, security, and human rights interests and values in the Indo-Pacific region. SEC. 3. DEFINITIONS. In this Act: (1) Agency head.--The term ``agency head'' means-- (A) in the case of the executive branch of United States Government or an agency of the legislative branch other than the Senate or the House of Representatives, the head of the respective agency; (B) in the case of the judicial branch of United States Government, the chief judge of the respective court; (C) in the case of the Senate, the President pro tempore, in consultation with the majority leader and the minority leader of the Senate; and (D) in the case of the House of Representatives, the Speaker of the House, in consultation with the majority leader and the minority leader of the House of Representatives. (2) Agency of the united states government.--The term ``agency of the United States Government'' includes any agency of the legislative branch and any court of the judicial branch as well as any agency of the executive branch. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Detailee.--The term ``detailee''-- (A) means an employee of a branch of the United States Government on loan to the American Institute in Taiwan, without a change of position from the agency at which he or she is employed; and (B) does not include employees of the legislative branch, who may separate from their branch in order to fulfill the terms of their fellowship pursuant to section 6(g). (5) Implementing partner.--The term ``implementing partner'' means any United States organization described in 501(c)(3) of the Internal Revenue Code of 1986 that-- (A) performs logistical, administrative, and other functions, as determined by the Department of State and the American Institute of Taiwan in support of the Taiwan Fellowship Program; and (B) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program. SEC. 4. ESTABLISHMENT OF TAIWAN FELLOWSHIP PROGRAM. (a) Establishment.--The Secretary of State shall establish the ``Taiwan Fellowship Program'' (referred to in this section as the ``Program'') to provide a fellowship opportunity in Taiwan of up to 2 years for eligible United States citizens. The Department of State, in consultation with the American Institute in Taiwan and the implementing partner, may modify the name of the Program. (b) Grants.-- (1) In general.--The American Institute in Taiwan should use amounts appropriated pursuant to section 7(a) to provide annual or multi-year grants to an appropriate implementing partner. (2) Fellowships.--The Department of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, should award to eligible United States citizens, subject to available funding-- (A) not fewer than 5 fellowships during each of the first 2 years of the Program; and (B) not fewer than 10 fellowships during each of the remaining years of the Program. (c) International Agreement; Implementing Partner.--Not later than 30 days after the date of the enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, should-- (1) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity, for the purpose of entering into an agreement to facilitate the placement of fellows in an agency of the governing authorities on Taiwan; and (2) begin the process of selecting an implementing partner, which-- (A) shall agree to meet all of the legal requirements required to operate in Taiwan; and (B) shall be composed of staff who demonstrate significant experience managing exchange programs in the Indo-Pacific region. (d) Curriculum.-- (1) First year.--During the first year of each fellowship under this section, each fellow should study-- (A) the Mandarin Chinese language; (B) the people, history, and political climate on Taiwan; and (C) the issues affecting the relationship between the United States and the Indo-Pacific region. (2) Second year.--During the second year of each fellowship under this section, each fellow, subject to the approval of the Department of State, the American Institute in Taiwan, and the implementing partner, and in accordance with the purposes of this Act, shall work in-- (A) a parliamentary office, ministry, or other agency of the governing authorities on Taiwan; or (B) an organization outside of the governing authorities on Taiwan, whose interests are associated with the interests of the fellow and the agency of the United States Government from which the fellow had been employed. (e) Flexible Fellowship Duration.--Notwithstanding any requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate, the implementing partner, may alter the curriculum requirements under subsection (d) for fellows whose placement in a parliamentary office, ministry, or other agency of the governing authorities on Taiwan is for a period shorter than 2 years. SEC. 5. PROGRAM REQUIREMENTS. (a) Eligibility Requirements.--A United States citizen is eligible for a fellowship under section 4 if he or she-- (1) is an employee of the United States Government; (2) has at least 2 years of experience in any branch of the United States Government; (3) has a demonstrated professional or educational background in the relationship between the United States and countries in the Indo-Pacific region; and (4) has demonstrated his or her commitment to further service in the United States Government. (b) Responsibilities of Fellows.--Each recipient of a fellowship under this Act shall agree, as a condition of such fellowship-- (1) to maintain satisfactory progress in language training and appropriate behavior in Taiwan, as determined by the Department of State, the American Institute in Taiwan and, as appropriate, its implementing partner; (2) to refrain from engaging in any intelligence or intelligence-related activity on behalf of the United States Government; and (3) to continue Federal Government employment for a period of not less than 4 years after the conclusion of the fellowship or for not less than 2 years for a fellowship that is 1 year or shorter. (c) Responsibilities of Implementing Partner.-- (1) Selection of fellows.--The implementing partner, in close coordination with the Department of State and the American Institute in Taiwan, shall-- (A) make efforts to recruit fellowship candidates who reflect the diversity of the United States; (B) select fellows for the Taiwan Fellowship Program based solely on merit, with appropriate supervision from the Department of State and the American Institute in Taiwan; and (C) prioritize the selection of candidates willing to serve a fellowship lasting 1 year or longer. (2) First year.--The implementing partner should provide each fellow in the first year (or shorter duration, as jointly determined by the Department of State and the American Institute in Taiwan for those who are not serving a 2-year fellowship) with-- (A) intensive Mandarin Chinese language training; and (B) courses in the political economy of Taiwan, China, and the broader Indo-Pacific. (3) Waiver of required training.--The Department of State, in coordination with the American Institute in Taiwan and, as appropriate, the implementing partner, may waive any of the training required under paragraph (2) to the extent that a fellow has Mandarin language skills, knowledge of the topic described in paragraph (2)(B), or for other related reasons approved by the Department of State and the American Institute in Taiwan. If any of the training requirements are waived for a fellow serving a 2-year fellowship, the training portion of his or her fellowship may be shortened to the extent appropriate. (4) Office; staffing.--The implementing partner, in consultation with the Department of State and the American Institute in Taiwan, shall maintain an office and at least 1 full-time staff member in Taiwan-- (A) to liaise with the American Institute in Taiwan and the governing authorities on Taiwan; and (B) to serve as the primary in-country point of contact for the recipients of fellowships under this Act and their dependents. (5) Other functions.--The implementing partner shall perform other functions in association in support of the Taiwan Fellowship Program, including logistical and administrative functions, as prescribed by the Department of State and the American Institute in Taiwan. (d) Noncompliance.-- (1) In general.--Any fellow who fails to comply with the requirements under this section shall reimburse the American Institute in Taiwan for-- (A) the Federal funds expended for the fellow's participation in the fellowship, as set forth in paragraphs (2) and (3); and (B) interest accrued on such funds (calculated at the prevailing rate). (2) Full reimbursement.--Any fellow who violates paragraph (1) or (2) of subsection (b) shall reimburse the American Institute in Taiwan in an amount equal to the sum of-- (A) all of the Federal funds expended for the fellow's participation in the fellowship; and (B) interest on the amount specified in subparagraph (A), which shall be calculated at the prevailing rate. (3) Pro rata reimbursement.--Any fellow who violates subsection (b)(3) shall reimburse the American Institute in Taiwan in an amount equal to the difference between-- (A) the amount specified in paragraph (2); and (B) the product of-- (i) the amount the fellow received in compensation during the final year of the fellowship, including the value of any allowances and benefits received by the fellow; multiplied by (ii) the percentage of the period specified in subsection (b)(3) during which the fellow did not remain employed by the Federal Government. (e) Annual Report.--Not later than 90 days after the selection of the first class of fellows under this Act, and annually thereafter, the Department of State shall offer to brief the appropriate congressional committees regarding the following issues: (1) An assessment of the performance of the implementing partner in fulfilling the purposes of this Act. (2) The names and sponsoring agencies of the fellows selected by the implementing partner and the extent to which such fellows represent the diversity of the United States. (3) The names of the parliamentary offices, ministries, other agencies of the governing authorities on Taiwan, and nongovernmental institutions to which each fellow was assigned during the second year of the fellowship. (4) Any recommendations, as appropriate, to improve the implementation of the Taiwan Fellows Program, including added flexibilities in the administration of the program. (5) An assessment of the Taiwan Fellows Program's value upon the relationship between the United States and Taiwan or the United States and Asian countries. (f) Annual Financial Audit.-- (1) In general.--The financial records of any implementing partner shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants who are certified or licensed by a regulatory authority of a State or another political subdivision of the United States. (2) Location.--Each audit under paragraph (1) shall be conducted at the place or places where the financial records of the implementing partner are normally kept. (3) Access to documents.--The implementing partner shall make available to the accountants conducting an audit under paragraph (1)-- (A) all books, financial records, files, other papers, things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit; and (B) full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. (4) Report.-- (A) In general.--Not later than 6 months after the end of each fiscal year, the implementing partner shall provide a report of the audit conducted for such fiscal year under paragraph (1) to the Department of State and the American Institute in Taiwan. (B) Contents.--Each audit report shall-- (i) set forth the scope of the audit; (ii) include such statements, along with the auditor's opinion of those statements, as may be necessary to present fairly the implementing partner's assets and liabilities, surplus or deficit, with reasonable detail; (iii) include a statement of the implementing partner's income and expenses during the year; and (iv) include a schedule of-- (I) all contracts and grants requiring payments greater than $5,000; and (II) any payments of compensation, salaries, or fees at a rate greater than $5,000 per year. (C) Copies.--Each audit report shall be produced in sufficient copies for distribution to the public. SEC. 6. TAIWAN FELLOWS ON DETAIL FROM GOVERNMENT SERVICE. (a) In General.-- (1) Detail authorized.--With the approval of the Secretary of State, an agency head may detail, for a period of not more than 2 years, an employee of the agency of the United States Government who has been awarded a fellowship under this Act, to the American Institute in Taiwan for the purpose of assignment to the governing authorities on Taiwan or an organization described in section 4(d)(2)(B). (2) Agreement.--Each detailee, or legislative branch employee who separates from service of the sponsoring agency, shall enter into a written agreement with the Federal Government before receiving a fellowship, in which the fellow shall agree-- (A) to continue in the service of the sponsoring agency at the end of fellowship for a period of at least 4 years (or at least 2 years if the fellowship duration is 1 year or shorter) unless the detailee is involuntarily separated from the service of such agency; and (B) to pay to the American Institute in Taiwan any additional expenses incurred by the Federal Government in connection with the fellowship if the detailee voluntarily separates from service with the sponsoring agency before the end of the period for which the detailee has agreed to continue in the service of such agency. (3) Exception.--The payment agreed to under paragraph (2)(B) may not be required of-- (A) a detailee who leaves the service of the sponsoring agency to enter into the service of another agency of the United States Government unless the head of the sponsoring agency notifies the detailee before the effective date of entry into the service of the other agency that payment will be required under this subsection; or (B) a legislative branch employee who separates from service of such agency to participate in the fellowship. (b) Status as Government Employee.--A detailee-- (1) is deemed, for the purpose of preserving allowances, privileges, rights, seniority, and other benefits, to be an employee of the sponsoring agency; (2) is entitled to pay, allowances, and benefits from funds available to such agency, which is deemed to comply with section 5536 of title 5, United States Code; and (3) may be assigned to a position with an entity described in section 4(d)(2)(A) if acceptance of such position does not involve-- (A) the taking of an oath of allegiance to another government; or (B) the acceptance of compensation or other benefits from any foreign government by such detailee. (c) Responsibilities of Sponsoring Agency.-- (1) In general.--The Federal agency from which a detailee is detailed should provide the fellow allowances and benefits that are consistent with Department of State Standardized Regulations or other applicable rules and regulations, including-- (A) a living quarters allowance to cover the cost of housing in Taiwan; (B) a cost of living allowance to cover any possible higher costs of living in Taiwan; (C) a temporary quarters subsistence allowance for up to 7 days if the fellow is unable to find housing immediately upon arriving in Taiwan; (D) an education allowance to assist parents in providing the fellow's minor children with educational services ordinarily provided without charge by public schools in the United States; (E) moving expenses to transport personal belongings of the fellow and his or her family in their move to Taiwan, which is comparable to the allowance given for American Institute in Taiwan employees assigned to Taiwan; and (F) an economy-class airline ticket to and from Taiwan for each fellow and the fellow's immediate family. (2) Modification of benefits.--The American Institute in Taiwan and its implementing partner, with the approval of the Department of State, may modify the benefits set forth in paragraph (1) if such modification is warranted by fiscal circumstances. (d) No Financial Liability.--The American Institute in Taiwan, the implementing partner, and any governing authorities on Taiwan or nongovernmental entities in Taiwan at which a fellow is detailed during the second year of the fellowship may not be held responsible for the pay, allowances, or any other benefit normally provided to the detailee. (e) Reimbursement.--Fellows may be detailed under subsection (a)(1) without reimbursement to the United States by the American Institute in Taiwan. (f) Allowances and Benefits.--Detailees and legislative branch fellows who separate from service to participate in the fellowship may be paid by the American Institute in Taiwan for the allowances and benefits listed in subsection (c). (g) Separation of Legislative Branch Personnel During the Fellowships.-- (1) In general.--Under such terms and conditions as the agency head may direct, a legislative branch agency of the United States Government may separate from Government service for a specified period any officer or employee of such agency who accepts a fellowship under the Taiwan Fellowship Program and is not a detailee under subsection (a). (2) Rights and benefits.-- (A) In general.--Notwithstanding section 8347(o), 8713, or 8914 of title 5, United States Code, and in accordance with regulations of the Office of Personnel Management, a legislative branch employee, while serving as a fellow who is not a detailee under subsection (a), is entitled to the rights and benefits described in subsections (a) and (d) of section 3582 of title 5, United States Code. (B) Reimbursement.--The American Institute in Taiwan shall reimburse the employing agency for any costs incurred for fellows under subsections (a) and (d) of section 3582 of title 5, United States Code, during a fellowship under this Act and may provide any other pay or allowances to such fellows. SEC. 7. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to the American Institute in Taiwan-- (1) for fiscal year 2022, $2,900,000, of which-- (A) $500,000 shall be used to launch the Taiwan Fellowship Program through the issuance of a competitive grant to an appropriate implementing partner; (B) $2,300,000 shall be used for a grant to the appropriate implementing partner; and (C) $100,000 shall be used for management expenses of the American Institute in Taiwan related to the management of the Taiwan Fellowship Program; and (2) for fiscal year 2023, and each succeeding fiscal year, $2,400,000, of which-- (A) $2,300,000 shall be used for a grant to the appropriate implementing partner; and (B) $100,000 shall be used for management expenses of the American Institute in Taiwan related to the management of the Taiwan Fellowship Program. (b) Private Sources.--The implementing partner selected to implement the Taiwan Fellowship Program may accept, use, and dispose of gifts or donations of services or property in carrying out such program, subject to the review and approval of the American Institute in Taiwan. <all>

Taiwan Fellowship Act

A bill to establish the Taiwan Fellowship Program, and for other purposes.

Taiwan Fellowship Act

Sen. Markey, Edward J.

D

MA

S.815

Commerce

PPP Extension Act of 2021 This bill extends the Paycheck Protection Program, established to support small businesses in response to COVID-19, through June 30, 2021. Currently, the program is set to expire on March 31, 2021. For the final 30 days of the program (i.e., from June 1 until June 30), the Small Business Administration (SBA) may only process applications submitted prior to June 1, and it may not accept any new loan applications. The bill also prohibits the SBA from prioritizing certain applications over others.

To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PPP Extension Act of 2021''. SEC. 2. EXTENSION OF COVERED PERIOD FOR PAYCHECK PROTECTION PROGRAM. (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (b) Funding.--Section 1102(b)(1) of the CARES Act (Public Law 116- 136), as amended by section 323 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking ``March 31, 2021'' and inserting ``June 30, 2021''. (c) Restrictions.-- (1) Processing.--From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021. (2) Limitation on prioritization.--During the period beginning on the date of enactment of this Act and ending on the last day of the covered period, as defined in section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)), as amended by this Act, the Administrator of the Small Business Administration may not establish or enforce any priority for processing lender applications under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), except for any priority reasonably necessary to carry out the set-asides established under section 323(d) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260). <all>

PPP Extension Act of 2021

A bill to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes.

PPP Extension Act of 2021

Sen. Rubio, Marco

R

FL

H.R.8927

Congress

Easy to Read Electronic and Accessible Disclosures Act or the Easy to READ Act This bill requires Members of Congress (or candidates for congressional office) to electronically file their financial disclosure reports. Additionally, the reports must be made publicly available in a searchable database.

To amend the Ethics in Government Act of 1978 to require the electronic filing of all public financial disclosure forms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Easy to Read Electronic and Accessible Disclosures Act'' or the ``Easy to READ Act''. SEC. 2. ELECTRONIC FILING REQUIREMENT. (a) Amendment.--Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App. 103) is amended by amending subsection (i) to read as follows: ``(i) Each report required under this title of a Member, Senator, or an individual who is a candidate for the office of Member or Senator shall be filed electronically with the Clerk of the House of Representatives or Secretary of the Senate, as the case may be, in a database that-- ``(1) allows the public to search, sort, and download data contained in the reports filed by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; ``(2) allows access through an application programming interface; and ``(3) is fully compliant with-- ``(A) section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and ``(B) the most recent Web Content Accessibility Guidelines (or successor guidelines).''. (b) Application.--The amendment made by this section shall apply on and after the date that is the commencement of the One Hundred and Eighteenth Congress. <all>

Easy to READ Act

To amend the Ethics in Government Act of 1978 to require the electronic filing of all public financial disclosure forms, and for other purposes.

Easy to READ Act Easy to Read Electronic and Accessible Disclosures Act

Rep. Spanberger, Abigail Davis

D

VA

H.R.4318

Government Operations and Politics

Appalachian Regional Commission Relocation Act This bill requires the headquarters of the Appalachian Regional Commission to be located in the Appalachian region. The commission must implement this requirement within one year, but may extend the implementation period by up to 180 days with written notice to Congress.

To relocate the headquarters of the Appalachian Regional Commission, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Commission Relocation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Regional commissions, such as the Delta Regional Authority, the Denali Commission, and the Northern Border Regional Commission, are each headquartered in their respective region. (2) Headquartering regional commissions within the region affected is a sensible approach to ensure that the commissions are housed in more affordable locations than the District of Columbia, thereby reducing administrative overhead and making the commissions closer and more accountable to the people the commissions were designed to serve. SEC. 3. HEADQUARTERS OF THE APPALACHIAN REGIONAL COMMISSION. (a) In General.--Section 14301 of title 40, United States Code, is amended by adding at the end the following: ``(g) Headquarters.--The headquarters of the Commission shall be located in the Appalachian region.''. (b) Implementation.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Federal Cochairman of the Commission shall take such actions as may be necessary to carry out the amendment made in subsection (a). (2) Extension.--The Federal Cochairman of the Commission may extend, by up to 180 days, the period for implementation specified in paragraph (1) if the Federal Cochairman submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the need for the extension. <all>

Appalachian Regional Commission Relocation Act

To relocate the headquarters of the Appalachian Regional Commission, and for other purposes.

Appalachian Regional Commission Relocation Act

Rep. Griffith, H. Morgan

R

VA

S.4864

Energy

Pipeline Fairness, Transparency, and Responsible Development Act of 2022 This bill addresses provisions related to natural gas pipeline projects, including provisions related to the permitting process, eminent domain, environmental reviews, and the visual impacts of such projects on national scenic trails.

To amend the Natural Gas Act to bolster fairness and transparency in the consideration of interstate natural gas pipeline permits, to provide for greater public input opportunities in the natural gas pipeline permitting process, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Fairness, Transparency, and Responsible Development Act of 2022''. SEC. 2. NOTICE TO AFFECTED LANDOWNERS. (a) Initial Notice.--Section 7(d) of the Natural Gas Act (15 U.S.C. 717f(d)) is amended-- (1) by striking the subsection designation and all that follows through ``Application for certificates'' and inserting the following: ``(d) Application for Certificate of Public Convenience and Necessity.-- ``(1) In general.--Subject to paragraph (2), an application for a certificate''; and (2) by adding at the end the following: ``(2) Requirements.-- ``(A) Application.--An application for a certificate of public convenience and necessity under paragraph (1) shall include-- ``(i) the name and address of each interested party on whom the Commission or the applicant is required to serve notice of the application under that paragraph; and ``(ii) a copy of the notice proposed to be served on each interested party under that paragraph. ``(B) Notice.-- ``(i) In general.--A notice served on an interested party under paragraph (1) shall include the following: ``(I) A description of the proceeding before the Commission relating to the application for a certificate of public convenience and necessity, which shall include the following statement: ```If the applicant ([name of applicant]) wants to build the pipeline on property that you own, and the Commission issues the requested certificate of public convenience and necessity, then the applicant will have the right, subject to paying just compensation, to take your property for its project.'. ``(II) Complete instructions on how the interested party can move to intervene in the proceeding described in the notice, including instructions on how to intervene-- ``(aa) electronically; and ``(bb) through a paper filing. ``(III) A clear statement of the contents required to be included in a motion to intervene in the proceeding described in the notice. ``(IV) The deadline for the interested party to move to intervene in the proceeding described in the notice. ``(V) A section, separated from the remaining text of the notice and clearly displayed in bold print, informing the interested party that-- ``(aa) in order to preserve the right to seek judicial review of a decision by the Commission relating to the certificate of public convenience and necessity, the interested party must intervene in the proceeding described in the notice; and ``(bb) intervention in the proceeding described in the notice is the only way to preserve the right to judicial review described in item (aa). ``(ii) Review.--The Commission shall-- ``(I) review each notice submitted to the Commission under subparagraph (A)(ii) to determine whether the notice meets the requirements described in clause (i); and ``(II) approve the notice only if the notice meets-- ``(aa) those requirements; and ``(bb) any other requirements that the Commission determines to be necessary to provide adequate notice. ``(iii) Service.-- ``(I) In general.--An applicant may not serve notice on an interested party under paragraph (1) unless the notice has been approved by the Commission under clause (ii). ``(II) Deadline.--A notice under paragraph (1) shall be served on an interested party not later than 90 days before the last day on which the interested party may intervene in the proceeding described in the notice. ``(C) Public availability of information relating to interested parties.--On request of any person, the Commission shall disclose the names and addresses submitted to the Commission under subparagraph (A)(i), subject to such reasonable terms and conditions as the Commission determines to be appropriate.''. (b) Subsequent Notice.--Section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)) is amended-- (1) by striking the subsection designation and all that follows through ``of this section,'' in the first sentence and inserting the following: ``(e) Issuance of Certificate.-- ``(1) In general.--Except in the cases governed by the provisos in subparagraphs (A) and (B) of subsection (c)(1), and subject to paragraphs (2) through (4),''; (2) in paragraph (1) (as so designated), by striking ``necessity; otherwise'' in the first sentence and all that follows through ``The Commission'' in the second sentence and inserting the following: ``necessity. ``(2) Requirement.--The Commission shall deny any application for which the Commission has not made the findings described in paragraph (1). ``(3) Terms and conditions.--The Commission''; and (3) by adding at the end the following: ``(4) Notice of issuance.-- ``(A) In general.--On issuance of a certificate of public convenience and necessity by the Commission, the applicant requesting the certificate shall provide to each interested party on whom the applicant served notice of the application under subsection (d) a notice of the issuance of the certificate. ``(B) Requirements.--Each notice under subparagraph (A) shall include-- ``(i) complete instructions on how the recipient of the notice may apply for a rehearing before the Commission; ``(ii) a clear statement of the contents required to be included in an application for a rehearing before the Commission; ``(iii) the deadline for the recipient to file that application; ``(iv) the time period for seeking judicial review of a decision of the Commission on an application for rehearing; ``(v) a statement in bold print informing the recipient that judicial review will not be available with respect to a decision of the Commission on any issue for which the recipient has not sought rehearing before the Commission; and ``(vi) a clear reference to-- ``(I) subsections (a) and (b) of section 19; and ``(II) any rules issued under those subsections relating to the time or manner of seeking-- ``(aa) a rehearing before the Commission; or ``(bb) judicial review of a decision of the Commission under this section, including any decision on a rehearing. ``(C) Effect of notice.--No court shall have jurisdiction over any action to exercise the right of eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity issued under this subsection unless the holder of the certificate has provided notice under this paragraph to each interested party described in subparagraph (A).''. SEC. 3. CONDITIONED CERTIFICATES. Section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)) (as amended by section 2(b)) is amended by adding at the end the following: ``(5) Restrictions.-- ``(A) Eminent domain.-- ``(i) Commencement of action.--A holder of a certificate of public convenience and necessity may not commence an action under subsection (h) until the earlier of-- ``(I) the earliest date on which all timely applications for rehearing under section 19(a) have received a ruling on the merits by the Commission under that section; and ``(II) the date that is 90 days after the latest date on which a timely application for rehearing under section 19(a) has been deemed denied under paragraph (3)(B)(i) of that section. ``(ii) Jurisdiction over eminent domain actions.--No court shall have jurisdiction over any action to exercise the right of eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity if the holder of that certificate has not received all certifications, authorizations, approvals, permits, or other permissions required under Federal law-- ``(I) to begin construction; and ``(II) to complete the entire project for which the certificate was issued. ``(B) Construction.-- ``(i) In general.--Except as provided in clause (ii), the holder of a certificate of public convenience and necessity may not begin construction, preconstruction, or land- disturbing activities under that certificate until the later of-- ``(I) the earliest date on which the holder has received all required certifications, authorizations, approvals, permits, or other permissions described in subparagraph (A)(ii); and ``(II) the earliest date on which all timely applications for rehearing under section 19(a) have either-- ``(aa) received a ruling on the merits by the Commission under that section; or ``(bb) been deemed denied under paragraph (3)(B)(i) of that section. ``(ii) Exception.--Clause (i) shall not apply to activities described in that clause that are carried out-- ``(I) on land that is owned by the holder of the certificate of public convenience and necessity; or ``(II) in an existing utility right-of-way.''. SEC. 4. EMINENT DOMAIN. (a) Statement of Policy.--With respect to the construction and operation of natural gas pipelines, it is the policy of the United States to protect the rights of citizens of the United States to their private property, including by limiting the taking of private property by the Federal Government and the use of eminent domain authority granted under any Federal statute to situations in which the taking is for public use, with just compensation, and required by the public convenience and necessity, and not merely to advance the economic interests of private parties that would be given ownership or use of the property taken. (b) Just Compensation.--Section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)) is amended-- (1) by striking the subsection designation and all that follows through ``When any holder'' in the first sentence and inserting the following: ``(h) Eminent Domain.-- ``(1) In general.--When any holder''; (2) in paragraph (1) (as so designated), in the second sentence-- (A) by striking ``The practice'' and inserting the following: ``(2) Practice and procedure.-- ``(A) In general.--Subject to subparagraph (B), the practice''; (3) in paragraph (2)(A) (as so designated), by striking ``situated: Provided, That the'' and inserting the following ``situated. ``(B) Limitation.--The''; and (4) by adding at the end the following: ``(3) Just compensation.-- ``(A) Definition of lost conservation value.--In this paragraph, the term `lost conservation value' means-- ``(i) the value of any use of land for conservation purposes (as defined in section 1.170A-14(d) of title 26, Code of Federal Regulations (or a successor regulation)) that is interrupted or prevented by the exercise of the right of eminent domain under paragraph (1); ``(ii) any decrease in the value of land due to the interruption or prevention of a use described in clause (i); and ``(iii) any lost benefit or decrease in the value of a benefit due to the interruption or prevention of a use described in clause (i). ``(B) Land subject to a conservation easement.--In determining the just compensation for property acquired by the exercise of the right of eminent domain under paragraph (1), in the case of land subject to a conservation easement, the court with jurisdiction over the proceeding shall consider the lost conservation value of that land.''. SEC. 5. APPRAISALS, OFFERS OF COMPENSATION, AND POSSESSION. Section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)) (as amended by section 4(b)) is amended by adding at the end the following: ``(4) Appraisals and offers of compensation.-- ``(A) Appraisals.-- ``(i) In general.--The holder of a certificate of public convenience and necessity shall have the property covered by the certificate independently appraised in accordance with generally accepted appraisal standards. ``(ii) Requirement.--The owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under clause (i). ``(iii) Timing.--An appraisal under clause (i) shall be carried out before the holder of the certificate of public convenience and necessity makes an offer of compensation to the owner of the applicable property. ``(B) Offers of compensation.--Any offer of compensation made to an owner of property that is covered by a certificate of public convenience and necessity-- ``(i) shall be made in writing; ``(ii) may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under subparagraph (A); and ``(iii) shall include damages to any property of the owner that is adjacent to the property covered by the certificate. ``(5) Jurisdiction over eminent domain actions.--No court shall have jurisdiction over any action to exercise the right of eminent domain under this subsection unless-- ``(A) an appraisal has been carried out in accordance with subparagraph (A) of paragraph (4); and ``(B) the holder of the certificate of public convenience and necessity has made an offer of compensation to the owner of the applicable property in accordance with subparagraph (B) of that paragraph. ``(6) Right of possession.--An owner of property covered by a certificate of public convenience and necessity shall not be required to surrender possession of the property unless the holder of the certificate-- ``(A) has paid to the owner the agreed purchase price; or ``(B) has deposited with the applicable court the amount of the award of compensation in the condemnation proceeding for the property.''. SEC. 6. PROCESS COORDINATION FOR ENVIRONMENTAL REVIEW. Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended by adding at the end the following: ``(g) Environmental Review for Interstate Natural Gas Pipelines.-- ``(1) Definitions.--In this subsection: ``(A) Federal authorization.-- ``(i) In general.--The term `Federal authorization' means any authorization required under Federal law with respect to an application for a certificate of public convenience and necessity under section 7. ``(ii) Inclusions.--The term `Federal authorization' includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for a certificate of public convenience and necessity under section 7. ``(B) Project.--The term `project' means a project for the construction or extension of facilities for the transportation in interstate commerce of natural gas that requires Federal authorization. ``(2) Cumulative impacts analysis.--In considering an application for Federal authorization for a project in a State, if, during the 1-year period beginning on the date on which the application is filed, an application for Federal authorization for a separate project is filed, and that project is located in the same State and within 100 miles of the first project, the Commission shall consider both projects to be 1 project for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(3) Supplemental environmental impact statements.-- ``(A) In general.--If the Commission determines that comments submitted in response to a draft environmental impact statement prepared with respect to an application for Federal authorization raise issues that exceed the initial scope of the draft environmental impact statement, a supplemental environmental impact statement shall be prepared for the project. ``(B) Mitigation plans.--If a draft environmental impact statement prepared with respect to an application for Federal authorization does not include information about mitigation plans for adverse impacts that cannot reasonably be avoided, a supplemental environmental impact statement shall be prepared that includes that information. ``(4) Public meeting requirements.-- ``(A) In general.--In complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an application for Federal authorization, the Commission shall ensure that public meetings shall be held-- ``(i) in each county or equivalent subdivision in which the project will be located; and ``(ii) during each period of public comment preceding, if applicable, publication of-- ``(I) a draft environmental impact statement; ``(II) a final environmental impact statement; and ``(III) any supplemental environmental impact statement. ``(B) Notice.--The Commission shall ensure that notice of each meeting held under subparagraph (A)-- ``(i) is provided to the public and each interested party not later than 30 days before the date of the meeting; and ``(ii) includes the information described in section 7(d)(2)(B)(i).''. SEC. 7. IMPACTS ON CRITICAL NATURAL RESOURCES. Subsection (g) of section 15 of the Natural Gas Act (15 U.S.C. 717n) (as added by section 6) is amended by adding at the end the following: ``(5) National scenic trails.-- ``(A) In general.--In preparing an environmental impact statement with respect to an application for Federal authorization for a project, any evaluation of the visual impacts of the project on a national scenic trail designated by the National Trails System Act (16 U.S.C. 1241 et seq.) in the environmental impact statement shall-- ``(i) consider the cumulative visual impacts of any similar proposed project-- ``(I) for which an application for Federal authorization is in the pre- filing or filing stage; and ``(II) that impacts the same national scenic trail within 100 miles of the first project; and ``(ii) include visual impact simulations depicting leaf-on and leaf-off views at each location where major visual impacts occur, as identified, authenticated, and justified during the period of public comment preceding the publication of a draft environmental impact statement by the head of the Federal agency or independent agency administering the land at the applicable location. ``(B) National forest management plans.--No amendment to a National Forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) shall be considered if the result of the amendment represents net degradation to the resources of a national scenic trail designated by the National Trails System Act (16 U.S.C. 1241 et seq.).''. SEC. 8. JUDICIAL REVIEW. Section 19(a) of the Natural Gas Act (15 U.S.C. 717r(a)) is amended-- (1) in the sixth sentence, by striking ``Until the record'' and inserting the following: ``(5) Powers of the commission.--Until the record''; (2) in the fifth sentence, by striking ``No proceeding'' and inserting the following: ``(4) Application required for judicial review.--No proceeding''; (3) by striking the fourth sentence and inserting the following: ``(B) Effect of failure to timely rule on the merits.-- ``(i) In general.--If the Commission has not ruled on the merits of an application for rehearing under this subsection by the date that is 30 days after the date on which the application for rehearing is filed with the Commission, the application for rehearing shall be deemed denied on that date. ``(ii) Orders granting rehearing for further consideration.--For purposes of clause (i), an order granting an application for rehearing solely for the purpose of further considering the issues raised in the application for rehearing shall not be considered to be a ruling on the merits of the application for rehearing. ``(iii) Judicial review.--An application for rehearing that is deemed denied under clause (i) may be reviewed by a court of appeals of the United States in accordance with subsection (b).''; (4) in the third sentence, by striking ``Upon such application'' and inserting the following: ``(3) Decision on application.-- ``(A) In general.--On an application for rehearing under this subsection,''; (5) in the second sentence, by striking ``The application'' and inserting the following: ``(2) Contents.--An application''; and (6) by striking the subsection designation and all that follows through ``Any person'' in the first sentence and inserting the following: ``(a) Application for Rehearing.-- ``(1) In general.--Any person''. <all>

Pipeline Fairness, Transparency, and Responsible Development Act of 2022

A bill to amend the Natural Gas Act to bolster fairness and transparency in the consideration of interstate natural gas pipeline permits, to provide for greater public input opportunities in the natural gas pipeline permitting process, and for other purposes.

Pipeline Fairness, Transparency, and Responsible Development Act of 2022

Sen. Kaine, Tim

D

VA

S.5150

Health

Strengthening Consumer Protections and Medical Debt Transparency Act This bill establishes a series of requirements relating to the collection of medical debt. Among other provisions, the bill restricts the circumstances under which health care entities may initiate extraordinary collection actions, requires entities to provide detailed debt statements and payment receipts to patients, and establishes a public medical debt collection database with information about medical debt collectors.

To amend the Public Health Service Act to provide additional transparency and consumer protections relating to medical debt collection practices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Consumer Protections and Medical Debt Transparency Act''. SEC. 2. MEDICAL DEBT COLLECTIONS. (a) In General.--Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.) is amended by adding at the end the following: ``SEC. 2795. MEDICAL DEBT COLLECTIONS. ``(a) Definitions.-- ``(1) In general.--In this section: ``(A) Database.--The term `database' means the medical debt collection database established under subsection (e). ``(B) Debt collector.--The term `debt collector' has the meaning as defined under the Fair Debt Collection Practices Act. ``(C) Extraordinary collection action.--The term `extraordinary collection action' is as defined for purposes of section 501(r) of the Internal Revenue Code of 1986 (as in effect on the date of enactment of this section). ``(D) Health care entity.--The term `health care entity' means an entity defined pursuant to paragraph (2). ``(E) Medical debt.--The term `medical debt' means debt arising from a patient's receipt of medical services, products, or devices. ``(2) Health care entity.--For purposes of this section, the Secretary shall develop a definition of the term `health care entity' that shall include-- ``(A) nonprofit, for-profit, critical access, and cancer hospitals, including hospital-owned facilities; ``(B) independently licensed outpatient, ambulatory, behavioral, optical, radiology, laboratory, dental, emergency departments, and urgent care centers; ``(C) physician group practices, with an exemption for small practices, as determined by the Secretary; ``(D) physician staffing firms or physician services companies; ``(E) nursing home, skilled nursing and long-term care facilities; ``(F) any health care agent of an entity described in this paragraph; and ``(G) other entities as specified by the Secretary. ``(b) Requirements and Prohibitions.-- ``(1) Debt collection.--A health care entity, or its debt collector, shall not commence, or shall halt, an extraordinary collection action with respect to a patient if the entity or its designee is notified by any party that a health insurance appeal is pending. ``(2) Determination of eligibility for assistance.--A health care entity, or its debt collector, shall not commence any extraordinary collection actions with respect to a patient until the entity determines whether the patient qualifies for assistance, either through enrollment in a Federal or State program or through the entity's charity care or financial assistance policy, with respect to such debt. The entity shall refer such patient to any such assistance where available. ``(3) Prohibition on extraordinary collection.--With respect to medical debt collection relating to a patient, a health care entity, or its debt collector, shall not take any extraordinary collection actions (including an action described in sections 1.501(r)-6(a)(2) of title 26, Code of Federal Regulations (as in effect on the date of enactment of this section)) until the expiration of the 180-day period beginning on the date on which the initial bill is sent to the patient, or a later date if applicable. ``(4) Providing information to patients.--A health care entity or its debt collector shall provide a patient with-- ``(A) an easy-to-understand itemized statement of the medical debt owed by the patient to the health care entity prior to such entity, or the debt collector acting on behalf of the entity, commencing collection activities relating to such debt; ``(B) a copy of the detailed receipts of any payments made to the entity or its debt collector by the patient relating to the medical debt involved within 30 days of such payments; and ``(C) information about the availability of language-assistance services for individuals with limited English proficiency (LEP). ``(5) Limitation on recovery by nonprofit entities.--A health care entity that is a nonprofit entity, or its debt collector, shall not collect amounts for the medical debt of a patient who is not enrolled in health insurance coverage, that are in excess of the amount generally billed, as described in sections 1.501(r)-1(b)(1) and 1.501(r)-5(b) of title 26, Code of Federal Regulations. ``(6) Requirement of health care entity or its debt collector.--Prior to commencing any debt collection activity with respect to a medical debt, the health care entity or its debt collector shall make all reasonable efforts to confirm the identity of the debtor. ``(7) Limit on medical debt interest.--The interest rate growth applied with respect to any medical debt collected under this section shall be set forth on the initial medical bill, but shall not exceed 5 percent annually or the annual rate set forth under section 1961 of title 28, United States Code, for the calendar week preceding the date of the initial medical bill plus 2 percent, whichever is lower. This subsection shall not be construed to limit assistance or a lower interest rate for a patient who is otherwise eligible for financial assistance. ``(c) Penalties.--Except as provided in this section, a health care entity, or its debt collector, that fails to comply with any provision of this section with respect to a patient shall be liable to such patient for damages in an amount equal to the sum of-- ``(1) any actual damages sustained by such patient as a result of such failure to comply; ``(2) in the case of an action commenced-- ``(A) by an individual, any additional damages as the court may permit, but not to exceed $1,000 for each failure to comply; or ``(B) by a class of patients-- ``(i) such amount for each named plaintiff as could be recovered under paragraph (1) and subparagraph (A); and ``(ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $2,000,000 or 1 percent of the annual net income of the covered provider; and ``(3) in the case of any successful action under this section, the costs of the action, together with a reasonable attorney's fee as determined appropriate by the court. ``(d) Establishment of Database.-- ``(1) In general.--The Secretary shall establish and regularly update a medical debt collection public database. ``(2) Required information.--Not later than 12 months after the date of enactment of this section, and annually thereafter, a health care entity shall submit to the database a debt collection report that shall include-- ``(A) the name and contact information of any debt collector owned, utilized, or retained by the entity or to which the entity assigned or sold medical debt during the year; ``(B) a description, or link to such description, of the processes and policies of the entity for assigning a medical debt to the debt collector and for compensating such collector for services provided to the entity; ``(C) the type and number of extraordinary collection practices the entity, or debt collector reported by the entity pursuant to subparagraph (A), undertakes or seeks to undertake, such as wage garnishment, bank account attachments, liens, arrest warrants, reporting to a consumer reporting agency, and lawsuits; ``(D) the breakdown, by race and ethnicity, gender, and ZIP Code of residence, of medical debt collection accounts referred to a debt collector; ``(E) the breakdown, by race or ethnicity, gender, and ZIP Code of residence, against whom the health entity, or a debt collector used by the health entity, filed an action to collect a debt owed on a medical bill; ``(F) the breakdown, by race or ethnicity, gender, and ZIP Code of residence, of medical debt collection accounts the health entity has and has not reported or classified as bad debt; ``(G) the total dollar amount of the cost of charges for health care services provided to patients but not collected by the health entity for patients covered by insurance, including the out-of-pocket costs for patients covered by insurance, and patients without insurance; ``(H) the recovery rate on medical debt collection cases assigned to the debt collector, as defined by the Secretary; ``(I) the number of bills paid using a credit card; and ``(J) any other information determined appropriate by the Secretary. ``(3) Availability of information.--The information contained in the database shall be available on a public, searchable internet website regularly updated by the Secretary. The Secretary shall annually publish a public list on HHS.gov of any health care entity that fails to submit such required information. ``(4) CFPB report.--Not later than 12 months after the expiration of two annual reporting periods under paragraph (2), the Director of the Consumer Financial Protection Bureau shall submit to Congress a report containing an analysis of the reports submitted under that paragraph and an explanation of whether the findings based on the database under this subsection are a useful tool for the agency's Supervision of Nondepository Covered Persons, including the Risk-Based Supervision Program (under section 1024 of Public Law 111-203). Such report shall include recommendations to improve the disclosures by health care entities for the purposes of supervising the medical debt industry, including for predictive analytics, machine learning, or other analysis techniques used in its Risk-Based Supervision Program.''. (b) CFPB Report.--Not later than 12 months after the date of enactment of this Act, and every 2 years thereafter, the Consumer Financial Protection Bureau shall publicly report on medical debt collections, incorporating data from the medical debt collection public database established pursuant to section 2795(a) of the Public Health Service Act, anonymized data from the three largest credit bureaus, the Consumer Financial Protection Bureau database of consumer complaints, information from the Consumer Financial Protection Bureau's Supervision of Nondepository Covered Persons program including the Risk-Based Supervision Program, and relevant complaints and information from other sources as available. <all>

Strengthening Consumer Protections and Medical Debt Transparency Act

A bill to amend the Public Health Service Act to provide additional transparency and consumer protections relating to medical debt collection practices.

Strengthening Consumer Protections and Medical Debt Transparency Act

Sen. Murphy, Christopher

D

CT

H.R.6105

Health

This bill terminates on December 25, 2021, the COVID-19 public health emergency.

To terminate the public health emergency with respect to COVID-19 on December 25, 2021. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATING PUBLIC HEALTH EMERGENCY FOR COVID-19. The public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-19, including any renewal thereof, is deemed to terminate on December 25, 2021. <all>

To terminate the public health emergency with respect to COVID-19 on December 25, 2021.

To terminate the public health emergency with respect to COVID-19 on December 25, 2021.

Official Titles - House of Representatives Official Title as Introduced To terminate the public health emergency with respect to COVID-19 on December 25, 2021.

Rep. Gohmert, Louie

R

TX

S.4773

Public Lands and Natural Resources

Fighting Foreign Illegal Seafood Harvests Act of 2022 or the FISH Act of 2022 This bill addresses illegal, unreported, and unregulated fishing (IUU fishing). For example, the National Oceanic and Atmospheric Administration must establish, publish, and put vessels on a U.S. black list that denies port privileges, certain travel through, delivery of supplies, delivery of services, or transshipment in the exclusive economic zone for vessels that have conducted IUU fishing and vessels that have the same owner as a vessel on the black list. The President shall impose sanctions with respect to each foreign person that the President determines is the beneficial owner of a vessel on the black list. Further, the U.S. Coast Guard must (1) increase its observation and boarding of vessels on the high seas that are suspected of IUU fishing, and (2) coordinate with regional fisheries management organizations to determine what corrective measures each nation has taken after its vessels have been boarded for suspected IUU fishing.

To combat illegal, unreported, and unregulated fishing at its sources globally. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting Foreign Illegal Seafood Harvests Act of 2022'' or the ``FISH Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--Unless otherwise provided, the term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Exclusive economic zone.--The term ``exclusive economic zone'' means the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note; relating to the exclusive economic zone of the United States of America). (3) IUU fishing.--The term ``IUU fishing'' means illegal fishing, unreported fishing, and unregulated fishing (as such terms are defined in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001). (4) Regional fisheries management organization.--The terms ``regional fisheries management organization'' and ``RFMO'' have the meaning given the terms in section 303 of the Port State Measures Agreement Act of 2015 (16 U.S.C. 7402). SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, communities that engage in artisanal or subsistence fishing, and the private sector, in a concerted effort-- (1) to continue the broad effort across the Federal Government to counter IUU fishing and related threats to maritime security, as outlined in sections 3533 and 3534 of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and (2) to, additionally-- (A) prioritize efforts to prevent IUU fishing at its sources; and (B) support continued implementation of the Central Arctic Ocean Fisheries agreement, as well as joint research and follow-on actions that ensure sustainability of fish stocks in Arctic international waters. SEC. 4. BLACK LIST. (a) In General.--The Administrator shall establish, publish, and put vessels on a United States black list that denies port privileges, certain travel through, delivery of supplies, delivery of services, or transshipment in the exclusive economic zone for vessels that have conducted IUU fishing and vessels that have the same owner as a vessel on the black list. (b) Standards.--The Administrator shall set standards for establishing, maintaining, and publishing the black list. (c) Basis To Be Put on Black List.--The Administrator shall put a vessel on the black list if it is any of the following: (1) A vessel listed on an IUU fishing list of a regional fisheries management organization. (2) A vessel taking part in fishing outside RFMO quota arrangements on the high seas. (3) A vessel on the high seas identified and reported by United States authorities to be conducting IUU fishing. (4) A vessel that provides services (excluding emergency or enforcement services) to a vessel that is on the black list, including transshipment, resupply, refueling, or pilotage. (5) A foreign fishing vessel engaged in commercial fishing in the exclusive economic zone without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821 et seq.). (6) A vessel found by Customs and Border Protection to have had a withhold release order in contravention of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), provided that the withhold release order has not been subsequently revoked. (7) A vessel that has the same owner as a vessel on the black list. (8) A vessel subject to economic sanctions administered by the Department of Treasury Office of Foreign Assets Control for IUU fishing under Executive Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg. 10255; relating to blocking property of transnational criminal organizations), or any other economic sanctions program. (d) Nominations To Be Put on Black List.-- (1) In general.--The Administrator may accept nominations for placing a vessel on the black list from-- (A) the head of an executive branch agency that is a member of the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031); or (B) a country that is a member of the Combined Maritime Forces. (2) Due process.--The Administrator may accept nominations for placing a vessel on the black list only after due process, including notification to the vessel's owner and a review of any information that the owner provides. (e) Public Information.--The Administrator shall publish the black list and include the following information for each vessel on the list: (1) The name of the vessel. (2) The International Maritime Organization (IMO) number of the vessel. (3) The call sign of the vessel. (4) Each beneficial owner and owner's address of the vessel. (5) The registry/flag state of the vessel. (6) The date of inclusion on the black list of the vessel. (7) Any other identifying information on the vessel, as determined appropriate by the Administrator. (f) Consequences of Being Black Listed.-- (1) In general.--Except for the purposes of inspection and enforcement or in case of force majeure, a vessel on the black list is prohibited from-- (A) accessing United States ports; (B) traveling through the United States exclusive economic zone unless it is conducting innocent passage; and (C) delivering supplies, delivering services, or transshipment in the United States exclusive economic zone. (2) Servicing prohibited.--No vessel of the United States (defined in section 116 of title 46, United States Code) may service a vessel that is on the black list, except for emergency and enforcement services. (g) Enforcement of Black List.--A vessel on the black list and the cargo of such vessel shall be subject to section 70052 of title 46, United States Code. (h) Permanency of Black List.-- (1) In general.--Except as provided in paragraphs (2) and (3), a vessel that is put on the black list shall remain on the black list. (2) Revocation of wro.--The Administrator shall remove a vessel from the black list if the vessel was added to the black list because it was found by Customs and Border Protection to have had a withhold release order in contravention of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and the withhold release order was subsequently revoked. (3) Potential reinstatement.--In coordination with the Secretary of State, the Administrator may remove a vessel from the black list if the owner of the vessel submits an application for removal or an appeal to the Administrator. In considering the application, the Administrator shall consider all relevant information, including whether the vessel or vessel owner has engaged in IUU fishing during the 5-year period preceding the application. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Commerce to carry out this section $20,000,000 for each of fiscal years 2023 through 2028. SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO BENEFICIAL OWNERS OF VESSELS ON BLACK LIST. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to each foreign person that the President determines, on or after the date of the enactment of this Act, is the beneficial owner of a vessel on the black list under section 4. (b) Sanctions Described.--The sanctions to be imposed under subsection (a) are the following: (1) Blocking of property.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a), including the vessel of which the person is the beneficial owner, if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--An alien described in subsection (a) is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--The visa or other entry documentation of an alien described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien's possession. (c) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) National Interest Waiver.--The President may waive the imposition of sanctions under this section with respect to a person if the President-- (1) determines that such a waiver is in the national interests of the United States; and (2) submits to Congress a notification on the waiver and the reasons for the waiver. (e) Exceptions.-- (1) Exceptions for authorized intelligence and law enforcement activities.--This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence or law enforcement activities of the United States. (2) Exception to comply with international agreements.-- Sanctions under subsection (b)(2) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations. (3) Exception relating to importation of goods.-- (A) In general.--The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined.--In this paragraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (f) Definitions.--In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence.--The terms ``admission'', ``admitted'', ``alien'', and ``lawfully admitted for permanent residence'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Beneficial owner.--The term ``beneficial owner'' means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise-- (A) exercises substantial control over the vessel; or (B) owns or controls not less than 25 percent of the ownership interests in the vessel. (3) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (4) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. SEC. 6. AGREEMENTS. (a) Presidential Negotiation.--In negotiating any relevant agreement with a foreign nation or nations after the date of enactment of this Act, the President shall consider the impacts on or to IUU fishing and strive to ensure that the agreement strengthens efforts to combat IUU fishing. (b) Secretary of State Encouragement.--Together with other partners if appropriate, the Secretary of State shall encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the UN Fish Stocks Agreement, the Port State Measures Agreement, and other applicable agreements. SEC. 7. DEFINITION OF ILLEGAL, UNREPORTED, AND UNREGULATED FISHING. (a) Definition of Illegal, Unreported, and Unregulated Fishing in the High Seas Driftnet Fishing Moratorium Protection Act.--Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)) is amended to read as follows: ``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this title, the terms `illegal, unreported, and unregulated fishing' and `illegal, unreported, or unregulated fishing' mean any activity set out in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001.''. (b) Definition of Illegal, Unreported, or Unregulated Fishing in the Magnuson-Stevens Fishery Conservation and Management Act.--Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended by adding at the end the following: ``(51) Illegal, unreported, or unregulated fishing.--The terms `illegal, unreported, or unregulated fishing', `illegal, unreported, and unregulated fishing', and `illegal, unreported and unregulated fishing' mean any activity set out in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001.''. SEC. 8. COAST GUARD PROVISIONS. (a) Increase Boarding of Vessels Suspected of IUU Fishing.--The Commandant of the Coast Guard shall, in accordance with the UN Fish Stocks Agreement, increase, from year to year, its observation and boarding of vessels on the high seas that are suspected of IUU fishing, to the greatest extent practicable. (b) Follow up.--The Commandant of the Coast Guard shall coordinate regularly with regional fisheries management organizations to determine what corrective measures each nation has taken after its vessels have been boarded for suspected IUU fishing. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to Congress on-- (1) the total number of bilateral agreements that contain an IUU fishing nexus or authorities, and what the Coast Guard is doing to increase this percentage; (2) violations observed under the Coast Guard high seas boarding program, how the violations are tracked after referral to the respective flag state, and what actions are taken to document or otherwise act on the enforcement, or lack thereof, taken by a flag state; (3) the flag state and status of vessels interdicted or observed to be engaged in IUU fishing on the high seas by the Coast Guard; (4) the flag state and status and incident details on vessels observed to violate international laws on the high seas, such as refusal to allow boarding, and what action was taken; and (5) any other potential enforcement actions that could decrease IUU fishing on the high seas. SEC. 9. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES MANAGEMENT ORGANIZATIONS. (a) Interagency Working Group on IUU Fishing.--Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended-- (1) in paragraph (12), by striking ``and'' after the semicolon; (2) in paragraph (13), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(14) developing a strategy for leveraging enforcement capacity against IUU fishing, particularly focusing on nations identified under section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) and 1826k(a)); and ``(15) developing a strategy for leveraging enforcement capacity against IUU fishing and increasing enforcement and other actions across relevant import control and assessment programs, including-- ``(A) the List of Goods Produced by Child Labor or Forced Labor produced pursuant to section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112); ``(B) the Trafficking in Persons Report required under section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107); and ``(C) United States Customs and Border Protection's Forced Labor Division and enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).''. (b) Secretary of State Identification.--The Secretary of State, in coordination with the Commandant of the Coast Guard, shall-- (1) identify regional fisheries management organizations that the United States is party to that do not have a high seas boarding program; and (2) identify obstacles, needed authorities, or existing efforts to increase implementation of these programs, and take action as appropriate. SEC. 10. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING, AND ANALYSIS. Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended by adding at the end: ``(c) Strategies To Optimize Data Collection, Sharing, and Analysis.--Not later than 2 years after the publication of the strategic plan submitted under subsection (a), the Working Group shall identify information and resources to prevent seafood products from IUU fishing from entering United States commerce without increasing burden or trade barriers on seafood not produced from IUU fishing. The report shall include the following: ``(1) Identification of relevant data streams collected by Working Group members. ``(2) Identification of legal, jurisdictional, or other barriers to the sharing of such data. ``(3) In consultation with the Secretary of Defense, recommendations for joint enforcement protocols, collaboration, and information sharing between Federal agencies and States. ``(4) Recommendations for sharing and developing forensic resources between Federal agencies and States. ``(5) Recommendations for enhancing capacity for United States Customs and Border Protection and National Oceanic and Atmospheric Administration to conduct more effective field investigations and enforcement efforts with State enforcement officials. ``(6) Recommendations for the dissemination of IUU fishing analysis and information to those entities that could use it for action and awareness, with the aim to establish an IUU fishing information sharing center. ``(7) Recommendations for an implementation strategy, including measures for ensuring that trade in seafood not linked to IUU fishing is not impeded.''. SEC. 11. INVESTMENT AND TECHNICAL ASSISTANCE IN THE FISHERIES SECTOR. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the heads of relevant agencies, the Millennium Challenge Corporation, and multilateral institutions such as the World Bank, shall increase support to programs that provide technical assistance and investment to nations' fisheries sectors for sustainable fisheries management and combating IUU fishing. The focus of such support shall be on priority regions and priority flag states identified under section 3552(b) of the Maritime SAFE Act (16 U.S.C. 8032(b)). (b) Authorization of Appropriations.--There are authorized to be appropriated to the Department of State and the United States Agency for International Development to carry out subsection (a) $10,000,000 for each such agency for each of fiscal years 2023 through 2028. SEC. 12. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD PRODUCTS FROM FOREIGN VESSELS USING FORCED LABOR. (a) Definitions.--In this section: (1) Forced labor.--The term ``forced labor'' has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (2) Seafood.--The term ``seafood'' means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (b) Forced Labor on Foreign Fishing Vessels.-- (1) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Secretary, shall issue regulations regarding the verification of seafood imports to ensure that no seafood or seafood product harvested on foreign vessels using forced labor is entered into the United States in violation of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (2) Strategy.--The Commissioner of U.S. Customs and Border Protection, in coordination with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall-- (A) develop a strategy for utilizing relevant U.S. Government data to identify imports of seafood or seafood products harvested on foreign vessels using forced labor; and (B) publish information regarding the strategy developed under subparagraph (A) on the website of U.S. Customs and Border Protection. SEC. 13. REPORTS. (a) Impact of New Technology.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Working Group established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031), shall conduct a study to assess the impact of new technology (such as remote observing, the use of drones, development of risk assessment tools and data-sharing software, immediate containerization of fish on fishing vessels, and other technology- enhanced new fishing practices) on IUU fishing and propose ways to integrate these technologies into global fisheries enforcement and management. (b) Russian and Chinese Fishing Industries' Influence on Each Other and on the United States Seafood and Fishing Industry.--Not later than 2 years after the date of the enactment of this Act, the Secretary of State, with support from the Secretary of Commerce and the Office of the United States Trade Representative, shall-- (1) conduct a study on the collaboration between the Russian and Chinese fishing industries and on the role of seafood reprocessing in China (including that of raw materials originating in Russia) in global seafood markets and its impact on United States seafood importers, processors, and consumers; and (2) complete a report on the study that includes classified and unclassified portions, as the Secretary of State determines necessary. (c) Fishermen Conducting Unlawful Fishing in the Economic Exclusion Zone.--Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is amended by adding at the end the following: ``(d) Report.--Not later than 1 year after the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2022, the chair of the Working Group in coordination with members of the Working Group, shall submit a report to Congress on foreign fishermen who were detained or arrested in the exclusive economic zone, how many were referred to prosecution and the outcome of the cases, and what authorities, or obstacles to overcome, are needed to increase the prosecution referral rate. ``(e) The Impacts of IUU Fishing.--The Administrator, in consultation with relevant members of the Working Group, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following: ``(1) An analysis that quantifies the occurrence and extent of IUU fishing among flag states. ``(2) An evaluation of the costs to the United States economy of IUU fishing. ``(3) An assessment of the costs to the global economy of IUU fishing.''. (d) Report.--Not later than 24 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the study conducted under subsection (e) of section 3551 of the Maritime SAFE Act that includes-- (1) the findings of the National Academies; and (2) recommendations on knowledge gaps that warrant further scientific inquiry. <all>

FISH Act of 2022

A bill to combat illegal, unreported, and unregulated fishing at its sources globally.

FISH Act of 2022 Fighting Foreign Illegal Seafood Harvests Act of 2022

Sen. Sullivan, Dan

R

AK

H.R.5967

Education

Protecting Religious Students from Vaccine Mandates Act of 2021 This bill requires public institutions of higher education (IHEs) to provide for a religious exemption from COVID-19 vaccination requirements. Through December 31, 2024, a public IHE that has a COVID-19 vaccination requirement must (1) provide a reasonable opportunity for individuals to receive a religious exemption from the vaccination requirement, and (2) notify individuals who are subject to the vaccination requirement about the procedures to apply for the religious exemption. An IHE must submit an annual report to the Department of Education certifying that the IHE meets these requirements. An IHE that denies a religious exemption to 20 or more individuals during a calendar year must provide additional information. The bill generally prohibits an IHE from receiving federal funds if it does not comply with the religious exemption requirements outlined by this bill.

To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religious Students from Vaccine Mandates Act of 2021''. SEC. 2. PROVISION OF RELIGIOUS EXEMPTION FROM COVID-19 VACCINATION REQUIREMENTS. (a) Religious Exemption Requirement.--A public institution of higher education that has a COVID-19 vaccination requirement shall, through December 31, 2024-- (1) provide a reasonable opportunity for an individual to receive a religious exemption from such vaccination requirement; and (2) make a good-faith effort to notify individuals who are subject to such vaccination requirement of the opportunity to receive, and procedures to apply for, such a religious exemption, using easily accessible forms of communication such as the website of the institution or official digital or written correspondence from the institution to such individuals. (b) Annual Report.--An institution of higher education described in subsection (a) shall submit to the Secretary of Education an annual report, for each calendar year through 2024, that-- (1) certifies that the institution meets the requirements under paragraphs (1) and (2) of such subsection; and (2) in the case of an institution that has denied such a religious exemption to 20 or more individuals during a calendar year, includes reasoning for such denials by such institution, whether the exemptions were denied due to an undue hardship for the institution, and if so, evidence to demonstrate such undue hardship to the Secretary of the Education. (c) Enforcement.-- (1) In general.--Unless the Secretary of Education has determined that an institution of higher education is unable to comply with the requirements under subsection (a) due to an undue hardship for the institution based on evidence provided in accordance with subsection (b)(2), a public institution of higher education that has a COVID-19 vaccination requirement and that fails to comply with the requirements under subsection (a) shall not be awarded Federal funds for any purpose, directly or indirectly, including through a contract or subcontract, except that students at the institution may receive Federal student financial aid. (2) Sunset.--The authority to enforce compliance with the requirements under subsection (a) shall expire on December 31, 2024. (d) Rule of Construction.--Nothing in this Act shall be construed as discouraging institutions of higher education from promoting or offering COVID-19 vaccinations on campus. (e) Definitions.--In this section: (1) COVID-19 vaccination requirement.--The term ``COVID-19 vaccination requirement'' means any requirement by an institution of higher education that, as a condition for enrollment, attendance, receipt of student aid, participation in athletics or other student activities, or employment at the institution, requires an individual to have received one or more vaccinations intended to prevent or mitigate the virus that causes COVID-19. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Religious exemption.--The term ``religious exemption'' means an exemption granted to an individual to permit such individual to be exempted from a COVID-19 vaccination requirement of an institution of higher education if such individual demonstrates that receiving such a vaccination would violate the sincerely held religious beliefs of the individual. <all>

Protecting Religious Students from Vaccine Mandates Act of 2021

To ensure that institutions of higher education with COVID-19 vaccination requirements provide an opportunity for religious exemption from such requirements, and for other purposes.

Protecting Religious Students from Vaccine Mandates Act of 2021

Rep. Norman, Ralph

R

SC

H.R.8726

International Affairs

This bill prohibits the federal government from sharing intelligence with or providing security assistance to Ukraine in the absence of a certification that Ukraine is not accepting or attempting to secure bilateral assistance from China.

To prohibit the transfer of arms and the sharing of intelligence with the Government of Ukraine in the absence of certain certifications, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITIONS. (a) In General.--Except upon submission to the appropriate congressional committees of a certification described in subsection (b)-- (1) no Federal funds may be made available to transfer any defense articles or defense services or provide any other form of security assistance or security cooperation to the Government of Ukraine; and (2) no United States intelligence information may be provided to such Government. (b) Certification Described.-- (1) In general.--A certification described in this subsection is a certification by the President, acting through the Director of National Intelligence and in consultation with the Secretary of Defense and the Secretary of State, that the Government of Ukraine, including any agency, instrumentality, or other representative of such Government, is not accepting or attempting to secure bilateral assistance from the Government of the People's Republic of China (including any agency, instrumentality, or other representative thereof). (2) Validity.--A certification described in this subsection shall only be valid for purposes of subsection (a) if submitted-- (A) with respect to a specific instance of assistance described in paragraph (1) or (2) of such subsection; and (B) prior to the delivery of such assistance. (c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. <all>

To prohibit the transfer of arms and the sharing of intelligence with the Government of Ukraine in the absence of certain certifications, and for other purposes.

To prohibit the transfer of arms and the sharing of intelligence with the Government of Ukraine in the absence of certain certifications, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To prohibit the transfer of arms and the sharing of intelligence with the Government of Ukraine in the absence of certain certifications, and for other purposes.

Rep. Stewart, Chris

R

UT

H.R.7133

Government Operations and Politics

Closing Loopholes, Ending Anonymous Revolving Doors Act or the CLEAR Doors Act This act requires a lobbyist who engages in special lobbying activities to file a report on those activities within 48 hours with the Secretary of the Senate and the Clerk of the House of Representatives. Special lobbying occurs when a lobbyist who was employed by an executive branch agency in the past four years engages in lobbying activity with an executive official of that agency.

To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Loopholes, Ending Anonymous Revolving Doors Act'' or the ``CLEAR Doors Act''. SEC. 2. REPORTING REQUIREMENTS. (a) Reporting Requirement.--Section 5 of Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) 48-Hour Reports.-- ``(1) In general.--No later than 48 hours after a lobbyist engages in special lobbying activities, the registrant involved shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on such activities. ``(2) Contents of report.--Each report filed under paragraph (1) shall contain the following items: ``(A) The name of the registrant. ``(B) The name of the client. ``(C) The name of the covered executive branch official of the agency. ``(D) A description of the issue discussed before such agency official. ``(E) The date on which such lobbying activities occurred. ``(3) Special rule for new registrants.--If a lobbyist engages in special lobbying activities prior to the registration of the lobbyist (or, if applicable, the organization employing such lobbyist) with the Secretary of the Senate and the Clerk of the House of Representatives under section 4(a), the lobbyist or organization shall register with the Secretary and the Clerk under such section not later than 48 hours after the lobbyist or organization engages in such activities. ``(4) Special lobbying activities defined.--In this subsection, the term `special lobbying activities' means any lobbying activity consisting of a lobbying contact made by an employee of a client with a covered executive branch official of an agency of which such lobbyist was formerly employed during the 4-year period that ends on the date of such contact.''. (b) Lobbyist Definition.--Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended to read as follows: ``(10) Lobbyist.-- ``(A) In general.--Except as provided in subparagraph (B), term `lobbyist' means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact. ``(B) Exception.-- ``(i) 20 percent rule.--Except as provided in clause (ii), subparagraph (A) does not apply to an individual with respect to a client if the individual's lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a 3-month period. ``(ii) Special lobbying activities exception.--Clause (i) does not apply to special lobbying activities under section 5(e).''. (c) Conforming and Technical Amendments.-- (1) Lobbyist registration.--Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(1)) is amended by striking ``No later than'' and inserting ``Except as provided in section 5(e)(3), no later than''. (2) Cross-reference.--Section 6(a)(4) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(4)) is amended by striking ``section 5(e)'' and inserting ``section 5(f)''. (d) Effective Date.--The amendments made by this section shall apply to lobbying activities occurring on or after the date of the enactment of this Act. <all>

CLEAR Doors Act

To amend the Lobbying Disclosure Act of 1995 to require certain lobbyists to report certain contacts with agencies within 48 hours, and for other purposes.

CLEAR Doors Act Closing Loopholes, Ending Anonymous Revolving Doors Act

Rep. O'Halleran, Tom

D

AZ

S.2990

International Affairs

Denying Earnings to the Military Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence Apparatus Act or the DEMOCRACIA Act This bill provides for asset- and visa-blocking sanctions for conduct relating to Cuba. It also establishes an interagency task force to facilitate access to uncensored internet in Cuba. The President must sanction foreign persons that provide financial support to Cuban government sectors involved in human rights abuses or terrorism (e.g., the defense sector). This includes foreign persons that (1) are military contractors or mercenaries operating on behalf of the Cuban government, or (2) violate laws restricting trade with Cuba. Specified transactions, including remittances to immediate family members (subject to some limitations) and payments related to U.S. military and diplomatic sites, are not subject to these sanctions. The President must also sanction (1) foreign persons complicit or engaged in human rights abuses or corruption, (2) foreign persons supporting such conduct, and (3) specified Cuban government officials and their affiliates. The bill provides humanitarian exceptions to these sanctions, for example, donating food or agricultural commodities to organizations or individuals unaffiliated with the Cuban government. The President may not license sanctionable conduct, and U.S. persons seeking to engage in a permitted transaction must submit a written request to the Office of Foreign Asset Control of the Department of the Treasury. The President may waive the sanctions in the interest of U.S. national security. To terminate the sanctions, the President must certify that the Cuban government has legalized all political activities and taken other steps to promote political rights and freedoms. Congress must then enact a joint resolution approving the termination.

To impose sanctions with respect to foreign persons that engage in certain transactions relating to Cuba and to impose sanctions with respect to human rights abuse and corruption in Cuba, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Denying Earnings to the Military Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence Apparatus Act'' or the ``DEMOCRACIA Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Cuban Communist takeover of 1959 established in Cuba a one-party authoritarian state of the Cuban Communist Party. (2) Cuba is a totalitarian state, in which the Cuban Communist Party has brutally oppressed the people of Cuba for more than 60 years. (3) Cuban democracy activists, including Las Damas de Blanco (also known as ``Ladies in White''), a group composed of wives and relatives of political prisoners, prisoners of conscience, and peaceful activists in Cuba, are routinely repressed, censured, beaten, and unjustly imprisoned by the Cuban Communist Party. (4) On July 11, 2021, protesters marched in the streets throughout Cuba voicing their opposition against the communist regime of Cuba. (5) During those protests, Cubans in more than 40 cities held demonstrations chanting ``Freedom!'', ``Down with the Dictatorship!'', and ``Patria y Vida'' (``Homeland and Life''). (6) Through those protests, the people of Cuba demanded the end to communism in Cuba and access to food, medicine, water, and electricity, basic needs that the communist system in Cuba cannot provide. (7) Cubans gathered outside of the headquarters of the Cuban Communist Party chanting, ``Cuba isn't yours!''. In a clear message, Cubans exercised their fundamental God-given rights to peaceably assemble, express their political opinions, and live free of censorship and oppression and demanded the ruling elites, especially the Cuban Communist Party, release its control of their government and give the power back to the people. (8) During the July 11, 2021, protests, the Cuban Communist Party deployed a wave of terror throughout Cuba by-- (A) unleashing its secret police and some military forces on peaceful protesters and unlawfully detained them, including by-- (i) harassing and threatening people in their homes; (ii) abducting and torturing civil society leaders and other Cubans peacefully exercising their fundamental rights; and (iii) detaining more than 800 Cubans for peacefully protesting, who have gone missing since the protests and demonstrations began, including leaders from Cuban civil society groups such as UNPACU, the San Isidro Movement, the Ladies in White, and religious leaders; and (B) in a crude and savage effort to silence the Cuban people, cutting internet connectivity and mobile services throughout Cuba, which prevented the Cuban people from organizing and hid from the outside world images and videos of the oppressive and brutal crackdown by the Government of Cuba. (9) In response to these demonstrations and protests, the regime blocked access to social media, messaging platforms and cellular services, and arrested and detained hundreds of protesters, activists, and journalists, according to Cuban human rights groups. (10) The Human Rights Report on Cuba for 2020 set forth by the Department of State found that Cuba is an authoritarian state. (11) A new constitution ratified in February 2019 codified that Cuba remains a one-party system in which the Cuban Communist Party is the only legal political party. Elections in Cuba were neither free, fair, nor competitive. (12) The Ministry of Interior of Cuba (MININT) controls police, internal security forces, and the prison system. The National Revolutionary Police are the primary law enforcement organization of the Ministry. Specialized units of the state security branch of the Ministry are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership of Cuba, including members of the military, maintain effective control over the security forces. Members of the security forces have committed numerous abuses. (13) Significant human rights issues in Cuba include the following: (A) Unlawful or arbitrary killings by the Government of Cuba, including extrajudicial killings. (B) Forced disappearances by the Government of Cuba. (C) Torture and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners by security forces. (D) Harsh and life-threatening prison conditions. (E) Arbitrary arrests and detentions. (F) The detaining of political prisoners. (G) Significant problems with the independence of the judiciary. (H) Arbitrary or unlawful interference with privacy. (I) Functional lack of freedom of the press, as criminal libel laws are used against persons who criticize leadership of the Government of Cuba and that Government has engaged in censorship and internet site blocking. (J) Severe limitations on academic and cultural freedom. (K) Severe restrictions on the right of peaceful assembly and denial of freedom of association, including refusal to recognize independent associations. (L) Severe restrictions on religious freedom. (M) Restrictions on internal and external freedom of movement. (N) Inability of citizens to change their government through free and fair elections. (O) Restrictions on political participation to members of the ruling party. (P) Corruption by officials of the Government of Cuba. (Q) Trafficking in persons, including compulsory labor. (R) Outlawing of independent trade unions. (14) Officials of the Government of Cuba, at the direction of their superiors, have committed most human rights abuses. As a matter of policy, officials failed to investigate or prosecute the individuals who committed those abuses. Impunity for the perpetrators has remained widespread. (15) The United States Commission on International Religious Freedom recommended in its 2021 Annual Report that the United States Government again place Cuba on the special watch list under section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) and recommended imposing sanctions on the Office of Religious Affairs of Cuba. (16) In the report specified in paragraph (15), the United States Commission on International Religious Freedom raised concerns regarding the denial in Cuba of religious freedom for human rights activists, independent journalists, and protesters, particularly in the wake of demonstrations that started on November 13, 2020, calling for greater freedom of expression in Cuba. (17) Cuba was ground zero for a series of yet unexplained attacks in 2016 on members of the diplomatic community of the United States in Havana, Cuba. (18) Cuba continues to provide safe harbor for adversaries of the United States, including multiple fugitives from justice in the United States, including William Morales, Charles Hill, Victor Manuel Gerena, and Joanne Chesimard, who executed New Jersey State Trooper Werner Foerster during a routine traffic stop in May 1973. (19) The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) prohibits the President from imposing unilateral agricultural or medical sanctions against Cuba. (20) The defense, security, and intelligence sectors of Cuba are the primary perpetrators of beatings, arrests, detainments, and unjust imprisonments of the Cuban people. (21) The Cuban Communist Party has a long history of racism. (22) No high level positions within the Cuban Communist Party are occupied by Afro-Cubans. (23) Many Cubans who suffered the worst treatment at the hands of the security forces of the Cuban Communist Party are Afro-Cuban, such as Dr. Oscar Elias Biscet, Jorge Luis Garcia Perez, Berta Soler of Las Damas de Blanco, Guillermo Farinas Hernandez, Orlando Zapata Tamayo, Luis Manuel Otero Alcantara, and Ivan Hernandez Carrillo. (24) On January 12, 2021, the Department of State determined that Cuba has repeatedly provided support for acts of international terrorism and was designated a state sponsor of terrorism. (25) On May 14, 2021, Secretary of State Antony Blinken determined and certified to Congress that Cuba is not cooperating fully with United States antiterrorism efforts. (26) The Cuban Communist Party continues to support international terrorist groups such as the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN). (27) Commercial engagement with the defense, security, and intelligence sectors of Cuba empowers the human rights abuses, racism against Afro-Cubans, and support for international terrorism by the Cuban Communist Party. (b) Sense of Congress.--It is the sense of Congress that Congress-- (1) reaffirms subsection (a) of section 1704 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003), which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a manner consistent with the purposes of that Act; and (2) urges the President to take immediate steps to apply the sanctions described in subsection (b)(1) of that section with respect to countries assisting Cuba. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to support the desire of the people of Cuba for freedom and democracy; and (2) to work with allies and the international community to seek to restrict and reduce the financial resources of the Cuban dictatorship, which supports terrorism and perpetrates injustice and human rights abuses against the Cuban people, that being the Cuban military, security, and intelligence sectors. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN CERTAIN TRANSACTIONS RELATING TO CUBA. (a) Imposition of Sanctions.-- (1) In general.--The President shall impose the sanctions described in subsection (b) with respect to a foreign person if the President determines that the foreign person, on or after the date of the enactment of this Act, knowingly engages in an activity described in paragraph (2). (2) Activities described.--Except as provided in paragraph (3), a foreign person engages in an activity described in this paragraph if the foreign person provides financial, material, or technological support to, or engages in a transaction with-- (A) a covered sector of the Government of Cuba, or any entity or individual affiliated with such sector (including an immediate adult family member of such individual); (B) an agency, instrumentality, or other entity owned by an entity that is part of or associated with a covered sector, entity, or individual described in subparagraph (A) in a percentage share exceeding 25 percent; (C) an individual who is a senior official of a covered sector or entity described in subparagraph (A) (including an immediate adult family member of such individual); (D) an agency, instrumentality, or other entity operated or controlled by a covered sector, entity, or individual described in subparagraph (A); (E) an entity or individual-- (i) for the purpose of avoiding a financial transaction with, or the transfer of funds to, an entity or individual specified in any of subparagraphs (A) through (D); or (ii) for the benefit of an entity or individual specified in any of subparagraphs (A) through (D); (F) a foreign person that is a military contractor, mercenary, or a paramilitary force knowingly operating in a military, security, or intelligence capacity for or on behalf of the Government of Cuba; or (G) a foreign person subject to sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. 4301 et seq.) with respect to Cuba or any other provision of law that imposes sanctions or other economic restrictions or limitations with respect to Cuba. (3) Exceptions.--The following activities engaged in by a foreign person shall not be considered to be activities described in paragraph (2) for purposes of imposing sanctions described in subsection (b) with respect to the person: (A) The sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.). (B) A remittance to an immediate family member, other than-- (i) an individual who is a high-level member of the Cuban Communist Party; or (ii) an individual who is an immediate family member of an individual described in clause (i). (C) A payment in furtherance of the lease agreement for, or other financial transactions necessary for maintenance and improvements of, the military base at Guantanamo Bay, Cuba, including any adjacent areas under the control or possession of the United States. (D) Assistance or support in furtherance of democracy-building efforts for Cuba described in section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039). (E) Customary and routine financial transactions necessary for the maintenance, improvements, or regular duties of the United States Embassy in Havana, Cuba, including outreach to the pro-democracy opposition. (F) Accessing the internet or providing cellular services if the internet and cellular services have been restored, are without interference from the Cuban regime, and do not include any technology, services, or communications backed by the Communist Party of the People's Republic of China. (4) Sense of congress.--It is the sense of Congress that the President should, in making a determination of whether a foreign person engages in an activity described in paragraph (2), consider the provision of loans, credits, or export credits by the person to be a form of significant financial, material, or technological support as described in such paragraph. (5) Covered sector defined.--In this subsection, the term ``covered sector'' means-- (A) the defense sector; (B) the security sector; (C) the intelligence sector; or (D) any other sector of the Government of Cuba beginning 15 days after the date on which the President certifies to Congress that such sector is involved in carrying out human rights abuses or providing support for international terrorism. (b) Sanctions Described.-- (1) In general.--The sanctions to be imposed with respect to a foreign person subject to subsection (a) are the following: (A) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the Trading with the Enemy Act (50 U.S.C. 4301 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Aliens ineligible for visas, admission, or parole.-- (i) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (II) Effect of revocation.--A revocation under subclause (I)-- (aa) shall take effect immediately; and (bb) shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. (2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section. (3) Exception to comply with international obligations.-- Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Implementation.--The President shall exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except that the President-- (1) shall not issue any general license authorizing, or otherwise authorize, any activity subject to sanctions under subsection (a); and (2) shall require any United States person seeking to engage in a financial transaction or transfer of funds subject to sanctions under subsection (a) to submit a written request to the Office of Foreign Assets Control of the Department of the Treasury. (d) Waiver.--The President may waive the application of sanctions described in subsection (b) with respect to a foreign person for a period of 180 days (and such waiver may not be renewed) if the President determines and certifies to Congress that such waiver is in the vital national security interest of the United States. (e) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) Person.--The term ``person'' means an individual or entity. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity); and (C) any person in the United States. SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSE AND CORRUPTION IN CUBA. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to the following persons: (1) Any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General-- (A) to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse in Cuba; (B) to be a current or former official of the Government of Cuba, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in-- (i) corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or (ii) the transfer or the facilitation of the transfer of the proceeds of corruption; (C) to be or have been a leader or official of-- (i) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) relating to the tenure of the leader or official; or (ii) an entity whose property and interests in property are blocked under subsection (b)(1) as a result of activities related to the tenure of the leader or official; (D) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of-- (i) any activity described in subparagraph (A) or (B) that is conducted by a foreign person; (ii) any person whose property and interests in property are blocked under subsection (b)(1); or (iii) any entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) of paragraph (1), if the activity is conducted by a foreign person; (E) to have received any contribution or provision of funds, goods, or services from any person whose property and interests in property are blocked under subsection (b)(1); (F) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (b)(1); (G) to be under the control of, or to act for or on behalf of, the military, intelligence, or security services or personnel of Cuba; (H) to be an official of the Government of Cuba who works with the Ministry of Justice or the Office of the Attorney General and who violates due process rights of an individual in Cuba; or (I) to have attempted to engage in any of the activities described in subparagraph (A) or (B). (2) Members of the Communist Party of Cuba, including-- (A) members of the Politburo; (B) members, department heads, and employees of the Central Committee; (C) secretaries and first secretaries of the provincial party central committees; and (D) members of the Office of Religious Affairs. (3) Members of the Council of State. (4) Members of the Council of Ministers. (5) Members of the Committees for the Defense of the Revolution. (6) The Revolutionary Armed Forces of Cuba. (7) The Ministry of the Interior of Cuba, including the National Revolutionary Police Force. (8) The Office of the President of Cuba. (9) The spouse and children of any individual subject to sanctions under this section. (b) Sanctions Described.-- (1) In general.--The sanctions to be imposed with respect to a foreign person subject to subsection (a) are the following: (A) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Aliens ineligible for visas, admission, or parole.-- (i) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (II) Effect of revocation.--A revocation under subclause (I)-- (aa) shall take effect immediately; and (bb) shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. (2) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section. (3) Exception to comply with international obligations.-- Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Implementation.--The President shall exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except that the President-- (1) shall not issue any general license authorizing, or otherwise authorize, any activity subject to sanctions under subsection (a); and (2) shall require any United States person seeking to engage in a financial transaction or transfer of funds subject to sanctions under subsection (a) to submit a written request to the Office of Foreign Assets Control of the Department of the Treasury. (d) Humanitarian Exception.--The President may not impose sanctions under this section with respect to any person for-- (1) donating food or agricultural commodities to-- (A) an independent, nongovernmental organization not controlled by the Government of Cuba; or (B) individuals in Cuba who are not high-level members of the Communist Party of Cuba or the immediate family member of any such individual; or (2) exporting medicines or medical supplies, instruments, or equipment that would be permitted under section 1705(c) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(c)). (e) Waiver.--The President may waive the application of sanctions under this section with respect to a person if the President determines that such a waiver is in the national security interests of the United States. (f) No Prior Notice.--The President, the Secretary of the Treasury, the Secretary of State, and the Attorney General, and any other official of the United States Government are not required to provide any prior notice of a determination made under subsection (a) or of any other determination to impose sanctions under this section. (g) Definitions.--In this section: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (3) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (4) Person.--The term ``person'' means an individual or entity. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity); and (C) any person in the United States. SEC. 6. TERMINATION OF SANCTIONS. (a) In General.--The authority to impose sanctions under sections 4 and 5 shall terminate if-- (1) the President submits to Congress a determination and certification that the Government of Cuba-- (A) has legalized all political activity; (B) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations; (C) has dissolved the Department of State Security in the Cuban Ministry of the Interior in place as of the date of the enactment of this Act, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; (D) has made public commitments to organizing free and fair elections for a new government-- (i) to be held in a timely manner within a period not to exceed 18 months after such certification; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors; (E) has ceased any interference with Radio Marti or Television Marti broadcasts; (F) has made public commitments to and is making demonstrable progress in-- (i) establishing an independent judiciary; (ii) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation; and (iii) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political associations; (G) does not include Raul Castro or his immediate family; (H) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the people of Cuba; (I) is demonstrably in transition from a communist totalitarian dictatorship to a representative democracy; (J) has made public commitments to and is making demonstrable progress in-- (i) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Cuba; (ii) permitting the reinstatement of citizenship to Cuban-born persons returning to Cuba; (iii) assuring the right to private property; and (iv) taking appropriate steps to return to United States citizens, and entities that are 50 percent or more beneficially owned by United States citizens, property taken by the Government of Cuba from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property; (K) has extradited or otherwise rendered to the United States all persons sought by the Department of Justice of the United States for crimes committed in the United States; and (L) has permitted the deployment throughout Cuba of independent and unfettered international human rights monitors; and (2) a joint resolution approving the determination and certification of the President submitted under paragraph (1) is enacted into law in accordance with the procedures described in subsection (b). (b) Congressional Procedures.-- (1) Referral to committees.--Joint resolutions described in subsection (a)(2) that are introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs and joint resolutions described in subsection (a)(2) that are introduced in the Senate shall be referred to the Committee on Foreign Relations. (2) Procedures.-- (A) Senate.--Any joint resolution described in subsection (a)(2) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765). (B) House of representatives.--For the purpose of expediting the consideration and enactment of a joint resolution described in subsection (a)(2), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (C) Limitation.--Not more than one joint resolution described in subsection (a)(2) may be considered in the House of Representatives and the Senate during the 6- month period beginning on the date on which the President submits to Congress a determination and certification under subsection (a)(1). SEC. 7. PROVISION OF UNRESTRICTED INTERNET SERVICE FOR THE PEOPLE OF CUBA. (a) In General.--Effective immediately upon the date of the enactment of this Act, the President shall use all means possible to provide unrestricted, reliable internet service to the people of Cuba that is not censored, blocked, or otherwise restricted by the Government of Cuba and does not include any technology, services, or communications backed by the Communist Party of the People's Republic of China. (b) Notification.--The President shall notify the appropriate committees of Congress once an internet connection has been established to provide unrestricted, reliable internet service under subsection (a). (c) Interagency Task Force.-- (1) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish an interagency task force to develop a long-term solution for providing reliable internet service to the people of Cuba that is not censored or blocked by the Government of Cuba. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the interagency task force established under paragraph (1) shall submit to the President and the appropriate committees of Congress a report that outlines the best long-term solutions of the interagency task force for providing reliable internet service to the people of Cuba that is not censored, blocked, or otherwise restricted by the Government of Cuba. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Homeland Security, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. <all>

DEMOCRACIA Act

A bill to impose sanctions with respect to foreign persons that engage in certain transactions relating to Cuba and to impose sanctions with respect to human rights abuse and corruption in Cuba, and for other purposes.

DEMOCRACIA Act Denying Earnings to the Military Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence Apparatus Act

Sen. Scott, Rick

R

FL

S.946

Government Operations and Politics

This bill specifies that a bargain-price purchase option (i.e., the option to purchase property at less than fair market value) in a lease agreement for a federal building may be exercised only to the extent the option is specifically provided for in subsequent acts of Congress. The bill applies to lease agreements that are entered into on or after January 1, 2021.

To amend title 40, United States Code, to modify the treatment of certain bargain-price options to purchase at less than fair market value, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITATION ON DISCOUNTED PURCHASE OPTIONS. Section 585 of title 40, United States Code, is amended by adding at the end the following: ``(d) Limitation on Discounted Purchase Options.--Any bargain-price option to purchase at less than fair market value contained in any lease agreement entered into on or after January 1, 2021, pursuant to this section may be exercised only to the extent specifically provided for in subsequent appropriation Acts or other Acts of Congress.''. <all>

A bill to amend title 40, United States Code, to modify the treatment of certain bargain-price options to purchase at less than fair market value, and for other purposes.

A bill to amend title 40, United States Code, to modify the treatment of certain bargain-price options to purchase at less than fair market value, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend title 40, United States Code, to modify the treatment of certain bargain-price options to purchase at less than fair market value, and for other purposes.

Sen. Lankford, James

R

OK

S.1327

Finance and Financial Sector

Federal Reserve Racial and Economic Equity Act This bill requires the Federal Reserve Board to carry out its duties in a manner that supports the elimination of racial and ethnic disparities in employment, income, wealth, and access to affordable credit. The board must report on disparities in labor force trends as well as on plans and activities of the board to minimize and eliminate these disparities.

To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Racial and Economic Equity Act''. SEC. 2. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 2B the following: ``SEC. 2C. DUTY TO MINIMIZE AND ELIMINATE RACIAL DISPARITIES. ``The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall exercise all duties and functions in a manner that fosters the elimination of disparities across racial and ethnic groups with respect to employment, income, wealth, and access to affordable credit, including actions in carrying out-- ``(1) monetary policy; ``(2) regulation and supervision of banks, thrifts, bank holding companies, savings and loan holding companies, and nonbank financial companies and systemically important financial market utilities designated by the Financial Stability Oversight Council; ``(3) operation of payment systems; ``(4) implementation of the Community Reinvestment Act of 1977; ``(5) enforcement of fair lending laws; and ``(6) community development functions.''. SEC. 3. APPEARANCES BEFORE AND REPORTS TO THE CONGRESS. Section 2B of the Federal Reserve Act (12 U.S.C. 225b) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) economic developments and prospects for the future described in the report required in subsection (b), including a discussion of disparities in employment, income, and wealth across racial and ethnic groups as well as other specific segments of the population; and ``(C) plans, activities, and actions of the Board and the Federal Open Market Committee to minimize and eliminate disparities across racial and ethnic groups with respect to employment, wages, wealth, and access to affordable credit pursuant to section 2C.''; and (2) in subsection (b)-- (A) by striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (B) by adding at the end the following: ``(2) Trend information.-- ``(A) In general.--Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. ``(B) Demographic information.--The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment.''. <all>

Federal Reserve Racial and Economic Equity Act

A bill to amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes.

Federal Reserve Racial and Economic Equity Act

Sen. Warren, Elizabeth

D

MA

H.R.1238

Immigration

Protection of Kids in Immigrant Detention Act or PROKID Act This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS). The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian. The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval. DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Kids in Immigrant Detention Act'' or ``PROKID Act''. SEC. 2. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the expert advisory committee established under section 5(a). (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement. (3) Facility.--The term ``facility''-- (A) means a location at which 1 or more immigrant children are detained by the Government or held in Government custody; and (B) includes-- (i) an Office of Refugee Resettlement facility; and (ii) a Department of Homeland Security facility, including-- (I) a U.S. Customs and Border Protection temporary holding facility and transportation contractor; (II) a U.S. Immigration and Customs Enforcement family detention facility; (III) a U.S. Immigration and Customs Enforcement juvenile facility; (IV) a location operated by a private entity, including a hotel room; and (V) any other location at which the Department of Homeland Security detains or holds in custody an immigrant child. (4) Flores settlement agreement.--The term ``Flores settlement agreement'' means the stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544- RJK). (5) Immigrant child.--The term ``immigrant child'' means an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years. (6) In-network facility.--The term ``in-network facility'' means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. (7) Office of refugee resettlement facility.--The term ``Office of Refugee Resettlement facility''-- (A) means-- (i) a shelter; (ii) staff secure, secure care, or transitional foster care housing; or (iii) any other location operated by the Office of Refugee Resettlement to hold immigrant children; and (B) includes an in-network facility and an out-of- network facility. (8) Ombudsperson.--The term ``Ombudsperson'' means the ombudsperson appointed under section 3(c). (9) Out-of-network facility.--The term ``out-of-network facility'' means a facility at which an immigrant child is placed as a result of an Office of Refugee Resettlement determination that there is no care provider available among in-network facilities to provide specialized services required by the immigrant child, such as medical or mental health support. (10) Unobstructed access.--The term ``unobstructed access'' means-- (A) with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and (B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Director or the Secretary of Homeland Security, as applicable. (11) Working group.--The term ``Working Group'' means the interagency working group established under section 6(b). SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN GOVERNMENT CUSTODY. (a) Establishment.--There is established, within the Department of Health and Human Services, an Office of the Ombudsperson for Immigrant Children in Government Custody (referred to in this section as the ``Office of the Ombudsperson'')-- (1) to endorse and support the principle that family separation and detention are generally not in a child's best interest; and (2) in cases in which detention or Government custody is required-- (A) to ensure that immigrant children are only detained or held in Government custody in the least restrictive setting; (B) to advocate for the quick, safe, and efficient release of immigrant children from detention or Government custody whenever possible; and (C) in any case in which an immigrant child is held in Department of Homeland Security custody together with his or her family unit, to advocate for the release of the child and concurrent release of the parent or legal guardian of the child. (b) Independence.--The Office of the Ombudsperson shall be an impartial, confidential resource fully independent of-- (1) the Office of Refugee Resettlement of the Department of Health and Human Services; and (2) the Department of Homeland Security. (c) Ombudsperson.-- (1) In general.--The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. (2) Qualifications.--The individual appointed as Ombudsperson shall have demonstrated experience in-- (A) immigration law; and (B) child advocacy or child welfare. (3) Duties and authorities.-- (A) Monitoring.--The Ombudsperson shall monitor facilities for compliance with applicable law and standards, including-- (i) the Flores settlement agreement; (ii) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (iii) the applicable provisions of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.); (iv) the standards of U.S. Customs and Border Protection entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015; and (v) internal Office of Refugee Resettlement policy guidance, including the guidance entitled ``ORR Policy Guide: Children Entering the United States Unaccompanied'' issued on January 30, 2015. (B) Investigations.-- (i) In general.--The Ombudsperson shall investigate-- (I) claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and (II) complaints against foster care providers, including foster care providers under State oversight. (ii) Reporting of state licensing violations.--If in the course of an investigation under clause (i)(II) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State. (C) Oversight of office of refugee resettlement.-- (i) In general.--The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. (ii) Expedited review of contested placement decisions.-- (I) In general.--Not later than 15 days after the date on which review of a placement decision described in clause (i) is requested, the Ombudsperson shall complete the review. (II) Recommendation to director.-- If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall-- (aa) submit to the Director a recommendation for further action; and (bb) make a copy of the recommendation available to-- (AA) the immigrant child; and (BB) if applicable, the immigrant child's attorney and child advocate. (III) Written statement.-- (aa) In general.--In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. (bb) Nondelegation.--The Director may not delegate the requirement to issue a written statement under this subclause. (iii) Civil action not precluded.--Review by the Ombudsperson under this subparagraph shall not preclude an immigrant child, or the attorney, child advocate, parent, or prospective sponsor of the immigrant child, from simultaneously commencing a civil action in any appropriate district court of the United States. (D) Stakeholder meetings.--Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and the Flores settlement agreement court- appointed monitor to participate in a meeting-- (i) to ensure that the Ombudsperson is aware of stakeholder concerns and priorities; and (ii) to provide feedback on stakeholder requests. (E) Regional offices.--The Ombudsperson shall establish regional offices of the Office of the Ombudsperson-- (i) to ensure the inclusion of pertinent local and regional issues, trends, and challenges for consideration by the Ombudsperson; (ii) to strengthen State oversight; (iii) to coordinate with State licensing entities; and (iv) to identify and address differences among State child protection laws. (F) Individual case assistance.-- (i) In general.--The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. (ii) Communication.--To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. (G) Subpoena authority.-- (i) In general.--Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may-- (I) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (II) invoke the aid of any appropriate court of the United States. (ii) Timeline for production of information.--To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. (H) Reporting mechanisms.-- (i) In general.--The Ombudsperson shall establish and maintain-- (I) a toll-free telephone number to receive complaints and reports of matters for investigation; and (II) an email address to receive complaints, such reports, and requests for review of placement decisions. (ii) Availability.--The Ombudsperson shall ensure that-- (I) such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and (II) such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. (I) Report to congress.-- (i) In general.--Not later than September 30 each year, the Ombudsperson shall submit to Congress a report on the accomplishments and challenges of the Office of the Ombudsperson during the fiscal year ending on that date. (ii) Elements.--Each report required by clause (i) shall include, for the applicable fiscal year, the following: (I) A summary of the status of immigrant children in Government custody that highlights broader trends and recommendations for future action. (II) Statistical information on immigrant children in Government custody, together with an analysis of such information. (III) A summary of complaints received and proposed resolutions. (IV) A detailed description of any investigation into a claim of abuse, neglect, or mistreatment of an immigrant child in Government custody, including a summary of the results of any such investigation. (V) A description of the objectives of the Office of the Ombudsperson for the next fiscal year. (J) Additional duties.--The Ombudsperson shall-- (i) conduct a review of data collection, as described in section 4(a); (ii) establish the Committee, as described in section 5; and (iii) enter into a memorandum of understanding, as described in section 6(a). (d) Access to Facilities.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure-- (1) unobstructed access by the Ombudsperson to any facility; and (2) the ability of the Ombudsperson-- (A) to monitor any facility; and (B) to meet confidentially with-- (i) staff of any facility; (ii) employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and (iii) any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. (e) Access to Information.--The Secretary of Health and Human Services shall ensure unobstructed access by the Ombudsperson to-- (1) the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of an immigrant child; and (2) the written policies and procedures of all Office of Refugee Resettlement facilities. SEC. 4. DATA COLLECTION. (a) Independent Review by Ombudsperson.-- (1) In general.--The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. (2) Collaboration required.--The Secretary of Health and Human Services and the Secretary of Homeland Security shall provide the Ombudsperson unobstructed access to-- (A) real-time custody and detention data for each immigrant child detained by the Government or held in Government custody, including-- (i) the location and level of placement; (ii) biographical information, including full name, date of birth, country of citizenship, and alien number; (iii) all locations at which the immigrant child has been detained or held in custody; (iv) the dates and times the immigrant child is booked in and booked out of any facility; and (v) transfer and discharge information; and (B) Department of Homeland Security and Department of Health and Human Services data personnel for the purpose of reviewing data collection and integrity issues. (b) Office of Refugee Resettlement Data Collection System.-- (1) In general.--To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: (A) The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (B) The average and median number of days immigrant children remain in such custody, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (C) The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age. (D) The number of immigrant children discharged to sponsors, disaggregated by sponsor category, placement level, specific Office of Refugee Resettlement facility, and age. (E) The sponsor categories of immigrant children held at each Office of Refugee Resettlement facility, disaggregated by placement level and age. (F) The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age. (G) The percentage of filled capacity across all Office of Refugee Resettlement facilities. (H) The total number of children held at out-of- network facilities, disaggregated by placement level and age. (I) For each Office of Refugee Resettlement facility-- (i) the percentage of filled capacity; (ii) the maximum number of available beds; (iii) the number and percentage of immigrant children with disabilities, disaggregated by placement level and age; and (iv) the number and percentage of immigrant children receiving mandatory home studies, discretionary home studies, and post-release services, disaggregated by placement level and age. (2) Publication.--Not later than the 15th of each month, the Director shall make the data collected under paragraph (1) for the preceding month available to the public on the internet website of the Office of Refugee Resettlement. (c) Prohibition on Certain Uses of Information.--Information collected under this section may not be used for immigration enforcement or law enforcement purposes. SEC. 5. EXPERT ADVISORY COMMITTEE. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Ombudsperson shall establish an expert advisory committee to assist the Ombudsperson in-- (1) identifying relevant trends relating to immigrant children in Government custody; (2) conducting fact-finding missions and investigations of facilities; and (3) ensuring Government and private contractor compliance with applicable law and standards for facilities. (b) Membership.--The members of the Committee shall-- (1) be appointed by the Ombudsperson; (2) represent various geographical regions; and (3) be comprised of subject matter experts, including-- (A) legal advocates or specialists in the fields of child and family welfare, immigration, and human rights; (B) pediatricians or other appropriate pediatric health care experts; (C) child or adolescent psychiatrists or psychologists; (D) social workers; (E) data analysis experts; and (F) any other relevant subject matter expert. (c) Meetings.--The Committee shall meet not less frequently than quarterly. (d) Duties.--The Committee shall regularly-- (1) review facility compliance with applicable law and standards relating to Government detention and custody of immigrant children, including the Flores settlement agreement and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and (2) submit to the Ombudsperson recommendations for improvement. (e) Site Visits.--The Committee may designate 1 or more individuals who shall have the authority-- (1) to carry out facility site visits; and (2) interview immigrant children held in Government custody, after notification of counsel, as applicable. SEC. 6. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY. (a) Memorandum of Understanding.-- (1) In general.--On the date of the enactment of this Act, the Secretary of Homeland Security and the Ombudsperson shall enter into a memorandum of understanding to coordinate oversight between the Department of Homeland Security and the Department of Health and Human Services. (2) Elements.--The memorandum of understanding required by paragraph (1) shall do the following: (A) Require the Secretary of Homeland Security to provide information to the Ombudsperson with respect to each immigrant child detained by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or who is otherwise in the custody of the Secretary of Homeland Security, including-- (i) the location of the immigrant child; (ii) biographical information, including full name, date of birth, country of citizenship, and alien number; (iii) all locations at which the immigrant child has been so detained or held in Department of Homeland Security custody; (iv) exact times at which the immigrant child was booked in and booked out of such custody; (v) the date on which the immigrant child is released from such custody or transferred to the custody of the Secretary of Health and Human Services; (vi) in the case of an immigrant child who remains in Department of Homeland Security custody for more than 72 hours, the reason for such continued custody; and (vii) any other information the Ombudsperson considers relevant to the oversight and monitoring duties described in section 3(c)(3). (B) Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. (C) Provide the Ombudsperson and the Committee full and unobstructed access to-- (i) Department of Homeland Security facilities for regular site visits; and (ii) the written policies and procedures of Department of Homeland Security facilities. (3) Limitation.--The memorandum of understanding may only allow the Ombudsperson to share information with the Secretary of Homeland Security on a case-by-case basis, and with the informed consent of the immigrant child concerned, if the Ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody. (4) Evaluation.--Not later than 2 years after the Ombudsperson and the Secretary of Homeland Security enter into the memorandum of understanding required by this subsection, the Comptroller General of the United States shall evaluate the coordination between the Ombudsperson and the Secretary to determine whether such memorandum of understanding is sufficient to ensure the oversight and monitoring required by this Act. (5) Recommendations.--If the Comptroller General makes a determination under paragraph (4) that the memorandum of understanding is insufficient, the Comptroller General shall recommend actionable steps to be implemented-- (A) to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and (B) to ensure effectiveness of the mandate of the Ombudsperson. (b) Interagency Working Group.-- (1) Establishment.--There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. (2) Membership.--The Working Group shall be composed of representatives of-- (A) the Department of Justice; (B) the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; (C) U.S. Customs and Border Protection; (D) U.S. Immigration and Customs Enforcement; (E) relevant oversight offices, including-- (i) the Immigration Detention Ombudsman of the Department of Homeland Security; and (ii) the Inspectors General of the Department of Justice, the Department of Health and Human Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; and (F) any other relevant Federal agency or office. (3) Meetings.--The Working Group shall-- (A) hold meetings not less frequently than quarterly; (B) invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and (C) provide to the Ombudsperson a summary of each such meeting. SEC. 7. RULE OF CONSTRUCTION. Nothing in the Act shall be construed to preclude or limit Flores settlement agreement class counsel from conducting independent investigations or seeking enforcement actions relating to violations of the Flores settlement agreement in any appropriate district court of the United States. <all>

Protection of Kids in Immigrant Detention Act

To establish the Office of the Ombudsperson for Immigrant Children in Government Custody, and for other purposes.

PROKID Act Protection of Kids in Immigrant Detention Act

Rep. Jayapal, Pramila

D

WA

H.R.6872

Government Operations and Politics

Election Worker and Polling Place Protection Act This bill addresses certain protections for election workers and polling places. In particular, the bill prohibits, with enhanced penalties for certain types of threats and harms (1) intimidation of poll watchers, election officials, and election agents, vendors, and contractors involving violence or threats of harm; and (2) physical damage to or threats to physically damage a polling place, tabulation center, or other election infrastructure.

To protect election workers and polling places. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Worker and Polling Place Protection Act''. SEC. 2. ELECTION WORKER AND POLLING PLACE PROTECTION. Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by adding at the end the following: ``(f)(1) Whoever, whether or not acting under color of law, by force or threat of force, or violence, or threat of harm to any person or property, willfully intimidates or interferes with, or attempts to intimidate or interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher, or any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(2) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of an election or the tabulation or certification of votes, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. ``(3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. ``(4) For purposes of this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. ``(g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that-- ``(1) the State does not have jurisdiction; ``(2) the State has requested that the Federal Government assume jurisdiction; or ``(3) a prosecution by the United States is in the public interest and necessary to secure substantial justice.''. <all>

Election Worker and Polling Place Protection Act

To protect election workers and polling places.

Election Worker and Polling Place Protection Act

Rep. Levin, Andy

D

MI

H.R.9377

Health

National Patient Safety Board Act of 2022 This bill establishes the National Patient Safety Board for preventing and reducing patient safety events (i.e., an action or inaction that led to, or could have led to, patient injury or harm in a health care setting). In particular, the board must (1) support the adoption and use of technologies for monitoring and anticipating patient safety events, (2) study the causes of and solutions to patient safety events, and (3) develop recommendations to prevent patient safety events.

To establish the National Patient Safety Board. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Patient Safety Board Act of 2022''. SEC. 2. NATIONAL PATIENT SAFETY BOARD. (a) Establishment.--There is hereby established an independent agency to be known at the National Patient Safety Board (in this section referred to as the ``Board'') for the purpose of preventing and reducing patient safety events. (b) Duties.-- (1) In general.--For the purpose stated in subsection (a), the Board shall-- (A) support Federal departments and agencies in monitoring and anticipating patient safety events with patient safety data surveillance technologies; (B) provide expertise to study the context and causes of patient safety events and solutions; and (C) formulate recommendations and solutions to prevent patient safety events from occurring. (2) Annual audit.--The Board shall undergo an annual audit. (3) Annual reports to congress.-- (A) Submission.--The Chair of the Board shall submit annual reports to the Congress on the progress of the Board in achieving the purpose stated in subsection (a). (B) Contents.--Each annual report under subparagraph (A) shall include-- (i) input from the director of each division of the Board; (ii) detailed solutions; (iii) unaddressed needs; and (iv) any other information determined by the Chair of the Board to be relevant to achieving the purpose stated in subsection (a). (c) Hearings; Reports.-- (1) In general.--The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and issue such reports as the Board considers appropriate. (2) No individually identifiable information in publications.--The Board (including any division, subdivision, or other component thereof) shall not include in any report or other publication information that can be used to identify any patient, health care provider, or health care setting. (d) Membership.-- (1) In general.--The Board shall be composed of 5 members, each nominated-- (A) by the President, by and with the advice and consent to the Senate; and (B) for a term of 6 years. (2) Chair; vice chair.--The Board shall have a Chair and Vice Chair who shall each-- (A) be designated by the President from among the members of the Board appointed under paragraph (1); and (B) serve for a 3-year term. (e) Staffing.--The Chair of the Board may appoint such personnel as the Chair considers appropriate to carry out this section. (f) Organization.--The Board shall have-- (1) an Office of the Chair of the Board; (2) a Patient Safety Event Monitoring Division, to be headed by a director appointed by the Board; (3) a Study Division, to be headed by a director appointed by the Board; (4) a Patient Safety Solutions Division, to be headed by a director appointed by the Board; (5) an Administrative Division, to be headed by a director appointed by the Board; and (6) regional offices. (g) Patient Safety Event Monitoring Division.-- (1) Health care safety team.-- (A) In general.--For the purpose stated in subsection (a), the Director of the Patient Safety Event Monitoring Division shall establish and maintain a public-private team, to be known as a Health Care Safety Team, to review, update, and prioritize patient safety event measures and data sources related to patient and provider safety in health care settings, including survey data, electronic health records data, claims data, health information exchange data, and reports of patient safety events. (B) Recommendations.--The Health Care Safety Team shall recommend to public and private entities patient safety data surveillance technologies and specifications with the ability to identify and anticipate the patient safety measures. (C) Membership.--The membership of the Health Care Safety Team under subparagraph (A) shall include-- (i) representatives with patient safety expertise from the following Federal agencies: the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid, the Department of Veterans Affairs, the Office of the National Coordinator for Health Information Technology, the Indian Health Service, the Office of Minority Health of the Department of Health and Human Services, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Food and Drug Administration, the National Institutes of Health, and the United States Preventive Services Task Force; and (ii) representatives of the private sector with patient safety expertise, representing providers, organized labor, health care organizations, patients, payors, suppliers, vendors, manufacturers, measurement developers, and data technology experts. (2) Obtaining official data.--To carry out this subsection, the Director of the Patient Safety Event Monitoring Division may secure directly from any office or agency of the Department of Health and Human Services or the Department of Veterans Affairs longitudinal, real-time, de-identified patient data, disaggregated by race, ethnicity, gender, facility, and location, relating to patient safety event measures. Upon request of the Director of the Patient Safety Event Monitoring Division, the head of the respective office or agency shall furnish that data to the Director. The Director shall maintain and use such data consistent with applicable privacy and confidentiality law. (3) Website or system.--The Director of the Patient Safety Event Monitoring Division shall create and maintain a website or system, to be known as the Patient Safety Reporting System, that can be used by patients, health care providers, non- clinical staff, or any other person to report patient safety events to the Division. (4) Data access portal.--The Director of the Patient Safety Event Monitoring Division shall-- (A) enter into agreements with public and private entities, including at the State and local levels, to opt into allowing the Division to access the entity's longitudinal, real-time, de-identified patient data, disaggregated by race, ethnicity, gender, facility, and location, relating to patient safety event measures; (B) maintain a data access portal to enable such entities to submit such data to the Division; and (C) maintain and use such data consistent with applicable privacy and confidentiality law. (5) Reporting.--The Director of the Patient Safety Event Monitoring Division shall-- (A) submit to the Health Care Safety Team maintained under paragraph (1) regular reports on patient safety event surveillance; and (B) prompt the Study Division when any of the following types of findings are identified in a geographic area or health care organization: (i) The most frequently occurring major sources of patient safety events. (ii) Abnormal patterns of patient safety events. (iii) Unexpectedly low numbers of patient safety events. (iv) Racial, ethnic, social, gender, or geographic disparities. (v) Unaddressed reoccurring patient safety events. (h) Study Division.-- (1) In general.--The Director of the Study Division may conduct or support studies with respect to patient safety events, including to understand the-- (A) circumstances, context, and conditions that enable patient safety events; and (B) causes or probable causes of the high or low number of patient safety events. (2) Data sharing.-- (A) Request.--In conducting or supporting a study under paragraph (1), the Director of the Study Division may request from the Director of the Patient Safety Event Monitoring Division such information as may be collected by the Patient Safety Event Monitoring Division and relevant to the study. (B) Sharing.--Upon receipt of such a request, the Director of the Patient Safety Event Monitoring Division shall share such information with the Director of the Study Division. (3) Study requirements.--In conducting or supporting a study under paragraph (1): (A) Study lead.--The Director of the Study Division shall-- (i) appoint an individual to serve as the person in charge of the study (in this paragraph referred to as the ``Study Lead''); and (ii) vest such person with authority to determine the appropriate type of study, assemble a study team of experts, identify the study site or sites, and ask any health care organization that experienced the unexpectedly high or low numbers of patient safety events for permission to conduct the study based on prompts from the Patient Safety Event Monitoring Division. (B) Study team.--The Study Lead shall-- (i) assemble a team of multidisciplinary experts to improve the understanding of high or low numbers of patient safety events in the context of the study, including by gathering qualitative and quantitative information to understand-- (I) the circumstances, context, and conditions that enable the patient safety events; and (II) the causes or probable causes of the high or low number patient safety events; (ii) include in such team individuals with the ability to study and understand the interaction of human abilities, expectations, and limitations with work environments, technologies, and system design and other appropriate experts from the public and private sectors; (iii) prohibit such team from releasing information obtained during the study prior to the public release of such information by the National Patient Safety Board; and (iv) ensure that such team receives permission from each health care organization involved to-- (I) enter health care facilities participating in the study; and (II) communicate with staff, health care providers, patients, vendors, suppliers, contractors, equipment manufacturers, and members of the Board. (C) Appropriate type of study.--The Director of the Study Division shall-- (i) create guidelines and criteria to determine the appropriate type of study to be conducted or supported, including whether the study should be virtual, in-person, or a special board of inquiry; and (ii) in creating such guidelines and criteria, take into account the impact of the patient safety events to be studied, whether such patient safety events may indicate a systemic risk, and what may potentially be learned from the study. (D) Novel infection and emergency pandemic.--In the case of a novel infection and emerging pandemic, the Director of the Study Division may establish a special board of inquiry-- (i) to provide independent recommendations on a coordinated national preparedness and response plan; (ii) to independently monitor the implementation of the preparedness and response plan; and (iii) to recommend technologies to support logistics and autonomous real-time research to inform evidence-based treatment options and decisions. (4) Reporting.--The Director of the Study Division shall-- (A) provide for the submission to the Board and the Patient Safety Solutions Division of-- (i) at least one progress report on each study under this subsection over the course of the study; and (ii) a final report upon the conclusion of the study; (B) include in a final report under subparagraph (A)(ii) factual information and analysis regarding the probable causes of the high or low numbers of patient safety events being studied and the recommendations of the Patient Safety Solutions Division; and (C) make such final report publicly available. (5) Response by board.--Upon receipt of a final report under paragraph (4)(A)(ii), the Board may elect to-- (A) adopt the report; (B) work with the Study Division to make changes to the report prior to adoption; or (C) require the Study Division to conduct or support further studies or revisions. (6) Timing.--The Director of the Study Division shall ensure that, not later than 1 year after the commencement of a study under this section-- (A) the study is completed; and (B) the final report is made publicly available pursuant to paragraph (4)(C). (7) Limitation on authority.--The Study Division and any study team established under this subsection shall not have authority to determine the rights or liabilities of any person with respect to adverse patient safety events. (i) Patient Safety Solutions Division.-- (1) Analysis.--Whenever the Director of the Study Division provides a final report on a study pursuant to subsection (h)(4), the Director of the Patient Safety Solutions Division shall-- (A) analyze such report; and (B) formulate recommendations (including solutions) to prevent the patient safety events that were studied from occurring. (2) Working with health care safety team.--In formulating recommendations (including solutions) under paragraph (1), the Director of the Patient Safety Event Monitoring Division shall-- (A) in consultation with the Health Care Safety Team under subsection (g)(1), identify or develop solutions based on the causes of the patient safety events that were studied; and (B) include such solutions in the recommendations. (3) Response by secretary.--Not later than 90 days after the submission of the final report under subsection (h)(4)(A)(ii), the Secretary of Health and Human Services and the Secretary of Veterans Affairs shall publish a response to the recommendations. (j) Administrative Division.-- (1) In general.--The Director of the Administrative Division shall support the day-to-day activities of the Board, including with respect to communications, facility coordination, shipping and receiving, supply inventory, labor relations, and human resource management. (2) Subdivision.--The Administrative Division shall have a Safety and Equity Subdivision which shall-- (A) advise on, analyze, and publish proper safety guidelines to ensure safe working conditions at the Federal, State, and local levels; (B) create an equity plan to ensure that the Board's programs and operations take into consideration the implications of, and remedies to address, discrimination and disparities; and (C) provide training to enhance employee safety competence. (k) Prohibition Against Admissibility as Evidence.--Any report or other publication of the Board (including any division, subdivision, or other component thereof) shall not be admissible as evidence, or used for any purpose, in any Federal or State action, suit, or other judicial, legislative, or administrative proceeding. (l) Protections for Employees.-- (1) Prohibition.--No employer shall discharge or in any manner discriminate against any employee with respect to compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee)-- (A) has cooperated, or is perceived as being about to cooperate, with a study of the Board; or (B) has submitted a report to the Patient Safety Reporting System of the Patient Safety Event Monitoring Division. (2) Complaint procedure.-- (A) In general.--An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this subsection may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code. (B) No limitation on rights.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this subsection may not be waived by any agreement, policy, form, or condition of employment. (3) Definition.--In this subsection, the term ``employer'' has the meaning given to such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (m) Definitions.--In this section: (1) The term ``health care setting'' means a hospital, nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, renal dialysis facility, ambulatory surgical center, pharmacy, physician or other health care practitioner's office, long-term care facility, mental health treatment facility, substance use disorder treatment facility, clinical laboratory, or health center. (2) The term ``patient safety event'' means an action or inaction that-- (A) led to patient injury or harm in a health care setting; (B) could lead to patient injury or harm as a precursor to injury or harm in a health care setting; or (C) could have caused injury or harm to the patient but did not cause injury or harm in a health care setting as a result of chance, prevention, or mitigation. (n) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $110,000,000 for each of fiscal years 2023 and 2024. <all>

National Patient Safety Board Act of 2022

To establish the National Patient Safety Board.

National Patient Safety Board Act of 2022

Rep. Barragan, Nanette Diaz

D

CA

S.2165

Education

Education Savings Accounts for Military Families Act of 2021 This bill directs the Department of Education (ED) to establish a program to provide children with parents on active duty in the uniformed services with funds to pay educational expenses. Specifically, ED must establish a tax-exempt Military Education Savings Account for dependent children of parents in the uniformed services for the payment of the children's educational expenses. Funds in the savings account may be used for specified purposes, including the cost of attendance at a private elementary or secondary school or institution of higher education, private tutoring, or costs associated with an apprenticeship or other vocational training program.

To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Savings Accounts for Military Families Act of 2021''. SEC. 2. MILITARY EDUCATION SAVINGS ACCOUNTS. (a) In General.--Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) is amended by inserting after section 7012 the following: ``SEC. 7012A. MILITARY EDUCATION SAVINGS ACCOUNTS. ``(a) In General.--The Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall-- ``(1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a `Military Education Savings Account') into which the Secretary shall deposit funds in an amount determined under subsection (d); and ``(2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. ``(b) Application.-- ``(1) In general.--To be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. ``(2) Application process.--In carrying out paragraph (1), the Secretary shall-- ``(A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and ``(B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. ``(3) Approval.--Subject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if-- ``(A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; ``(B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and ``(C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees-- ``(i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; ``(ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; ``(iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and ``(iv) to comply with all other requirements of this section. ``(4) Renewals.--The Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which-- ``(A) the parents of the child on whose behalf the account was established choose not to renew the account; or ``(B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. ``(c) Priority in the Event of Insufficient Funds.-- ``(1) In general.--If the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall-- ``(A) first renew and fully fund previously established Military Education Savings Accounts; and ``(B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. ``(2) Transfer authority.--Notwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. ``(3) Lottery.--The lottery described in this paragraph is a lottery in which-- ``(A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; ``(B) children of enlisted members have the next- highest probability of selection after the children described in subparagraph (A); ``(C) children of warrant officers have the next- highest probability of selection after the children described in subparagraph (B); and ``(D) children of commissioned officers have the lowest probability of selection. ``(d) Amount of Deposits.-- ``(1) First year of program.--The amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependant child covered by the account. ``(2) Subsequent years.--The amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. ``(e) Use of Funds.--Funds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for-- ``(1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; ``(2) private online learning programs; ``(3) private tutoring; ``(4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; ``(5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K-12 education; ``(6) computer hardware or other technological devices that are used to help meet a child's educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; ``(7) educational software and applications; ``(8) uniforms purchased from or through a private school recognized by the State; ``(9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; ``(10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); ``(11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; ``(12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; ``(13) costs of attendance at an institution of higher education; ``(14) costs associated with an apprenticeship or other vocational training program; ``(15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; ``(16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or ``(17) any other educational expenses approved by the Secretary. ``(f) Requirements for Qualified Educational Service Providers.-- ``(1) Registration and approval.--The Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). ``(2) Participation in online marketplace.--As a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). ``(3) Surety bond.-- ``(A) In general.--The Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. ``(B) Retention.--The Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. ``(g) Online Marketplace.-- ``(1) In general.--The Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall-- ``(A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; ``(B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; ``(C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and ``(D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). ``(2) Rule of construction.--Nothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). ``(h) Transfer Schedule.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. ``(2) Choice of schedule.--The Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). ``(3) Expense reports.-- ``(A) Submission required.--Before receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. ``(B) Format.--Each such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). ``(i) Rollover.--Amounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). ``(j) Termination and Return of Funds.-- ``(1) Termination.--The Military Education Savings Account of an eligible military dependent child shall terminate on-- ``(A) the date on which the child enrolls in a public elementary school or secondary school on a full- time basis; ``(B) in the case of a child who is pursuing postsecondary education, the earlier of-- ``(i) the date on which the child completes postsecondary education; or ``(ii) the date on which the child attains the age of 22 years; ``(C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or ``(D) in the case of an individual not described in subparagraphs (B) or (C), the earlier of-- ``(i) the date on which the child attains the age of 22 years; or ``(ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. ``(2) Return of funds.--Any funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. ``(k) Compulsory Attendance Requirements.--A State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State's compulsory school attendance requirements for such school year. ``(l) Special Rule.--In the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year-- ``(1) the child may not attend the public school free of charge; and ``(2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child's costs of attendance at such school. ``(m) Tax Treatment of Accounts.-- ``(1) In general.--A Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. ``(2) Contributions and distributions.--For purposes of subtitle A of the Internal Revenue Code of 1986-- ``(A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and ``(B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. ``(n) Fraud Prevention and Reporting.--The Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. ``(o) Contract Authority.--The Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. ``(p) Refunds.--The Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. ``(q) Rules of Construction.-- ``(1) Nonagency.--A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. ``(2) Federal or state supervision.--Nothing in this section shall be construed to allow any agency of a State or the Federal Government to exercise control or supervision over any qualified educational service provider. ``(3) Imposition of additional requirements.--No Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. ``(4) Treatment of assistance.--For purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. ``(r) Legal Proceedings.-- ``(1) Burden.--In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. ``(2) Limitation on liability.-- ``(A) In general.--No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. ``(B) Entity described.--The entities described in this subparagraph are the following: ``(i) The Department of Education. ``(ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). ``(iii) A qualified educational service provider. ``(3) Intervention.-- ``(A) In general.--Except as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. ``(B) Exception.--For purposes of judicial administration, a court may-- ``(i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or ``(ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. ``(s) Administrative Expenses.--The Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. ``(t) Definitions.--In this section: ``(1) The terms `commissioned officer', `enlisted member', and `warrant officer' have the meanings given those terms in section 101(b) of title 10, United States Code. ``(2) The term `eligible military dependent child' means a child who-- ``(A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and ``(B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. ``(3) The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(4) The term `qualified educational service provider' means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including-- ``(A) a private school; ``(B) a non-public online learning program or course provider; ``(C) an institution of higher education, which may include a community college or a technical college; ``(D) a public school; ``(E) a private tutor or entity that operates a tutoring facility; ``(F) a provider of educational materials or curriculum; ``(G) a provider of education-related therapies or services; or ``(H) any other provider of educational services licensed by a State to provide such services.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: ``Sec. 7012A. Military education savings accounts.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 7014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is amended by adding at the end the following: ``(f) Military Education Savings Accounts.--For the purpose of carrying out section 7012A-- ``(1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2022; and ``(2) for each fiscal year beginning after fiscal year 2022, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year.''. <all>

Education Savings Accounts for Military Families Act of 2021

A bill to amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes.

Education Savings Accounts for Military Families Act of 2021

Sen. Sasse, Ben

R

NE

H.R.8828

Health

FDA Ethics Act of 2022 This bill establishes several requirements for entities that contract with the Food and Drug Administration (FDA) relating to conflicts of interest, including requiring contractors to disclose conflicts of interest on an ongoing basis and prohibiting the FDA from hiring consultants who simultaneously provide services to drug manufacturers or other entities that are regulated by the FDA.

To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FDA Ethics Act of 2022''. SEC. 2. REQUIREMENTS REGARDING ONGOING REPORTING OF CONTRACTOR CONFLICTS OF INTEREST. (a) In General.--The Secretary of Health and Human Services shall require entities that contract with the Food and Drug Administration-- (1) to disclose, on an ongoing basis during the term of the contract, any information related to potential and actual conflicts of interest, including conflicts of interest concerning the contractor's personnel, consultants, and subcontractors; and (2) during the term of the contract, to refrain from entering into consulting or other contractual arrangements with any person to perform work that may reasonably create a potential or actual conflict of interest, without receiving the written approval of the contracting officer before the execution of the contractual arrangement. (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). SEC. 3. REQUIREMENTS REGARDING WAIVERS RELATING TO ORGANIZATIONAL CONFLICTS OF INTEREST. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, not later than 14 days after awarding a contract relating to the Food and Drug Administration, publish, on the website of the Food and Drug Administration, a notification of any waiver of any requirements regarding a potential or actual organizational conflict of interest granted to the contractor. Such notification shall be made publicly available in an easily accessible format, and shall include the name of the contract, the contractor receiving the waiver, the other contracts or clients that created the potential or actual organizational conflict of interest, and the efforts that the contractor plans to take to mitigate the potential or actual organizational conflict of interest. (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). SEC. 4. RESTRICTIONS ON CONSULTING FIRMS SERVING AS FDA CONTRACTORS. (a) Prohibition Against Certain Contracts.-- (1) In general.--Subject to paragraph (2), the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall not award a contract relating to the duties of the Food and Drug Administration to any person providing consulting services (referred to in this section as a ``consulting firm'') unless such contract provides that, during the restricted period described in paragraph (3), subject to paragraph (2), no individual employee or subcontractor of such consulting firm may provide services to both-- (A) the Food and Drug and Administration under the consulting firm's contract; and (B)(i) a person engaged in the development or manufacturing of a device, drug, or biological product; or (ii) any other private entity engaged in activities regulated by the Food and Drug Administration. (2) Exception.-- (A) In general.--The Secretary may issue an exception to the requirement under paragraph (1) with respect to an employee or subcontractor of a consulting firm only if the Secretary or designee determines in writing that there is a compelling reason to award a contract with such consulting firm with such exception. The Secretary shall not delegate the authority to issue exceptions under this subparagraph below the level of head of a contracting activity. (B) Reporting.--Not later than 14 days after issuing an exception under subparagraph (A), the Secretary shall publish, on the website of the Food and Drug Administration, a notification of the exception. Such notification shall be made publicly available in an easily accessible format, and shall include-- (i) the name of the contract; (ii) the consulting firm receiving the exception, and the employee or subcontractor to whom the exception applies; (iii) the other contracts or clients that would, in the absence of the exception, cause the consulting firm to be in violation of paragraph (1); and (iv) the efforts that the consulting firm plans to take to mitigate any potential or actual conflict of interest arising from the other work of its employees or subcontractors. (3) Restricted period.-- (A) In general.--For purposes of paragraph (1), the restricted period is the period that-- (i) begins when the applicable employee or subcontractor of the consulting firm first provides services under the consulting firm's contract; and (ii) ends not less than the applicable period specified in subparagraph (B) after the last date on which such employee or subcontractor provides services under the consulting firm's contract. (B) Applicable period specified.--For purposes of subparagraph (A)(ii), the applicable period specified in this subparagraph is-- (i) 30 days; or (ii) such longer period of time as the Secretary may specify after consultation with the Federal Acquisition Regulatory Council, which shall apply with respect to all exceptions issued under paragraph (2). (b) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Acquisition Regulatory Council, shall issue regulations to carry out subsection (a). (c) Definition.--In this section, the term ``consulting services''-- (1) means providing advice or recommendations to improve organizational effectiveness; and (2) does not include services provided pursuant to a contract related to regulatory science research, public health surveillance, or information technology, or services provided by a small business concern. <all>

FDA Ethics Act of 2022

To address potential conflicts of interest among entities serving as Food and Drug Administration contractors, and for other purposes.

FDA Ethics Act of 2022

Rep. Kuster, Ann M.

D

NH

S.1259

Commerce

Safe Cribs Act This bill makes it unlawful to manufacture, sell, or distribute crib bumpers. Crib bumpers generally are padded materials inserted around the inside of a crib and intended to prevent the crib occupant from becoming trapped in any part of the crib's openings; they do not include unpadded, mesh crib liners.

To provide that crib bumpers shall be considered banned hazardous products under section 8 of the Consumer Product Safety Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Cribs Act''. SEC. 2. BANNING OF CRIB BUMPERS. (a) In General.--Not later than 180 days after the date of enactment of this Act, crib bumpers, regardless of the date of manufacture, shall be considered a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057). (b) Crib Bumper Defined.--In this section, the term ``crib bumper''-- (1) means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening; (2) includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and (3) does not include a non-padded mesh crib liner. Passed the Senate March 23, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 1259 _______________________________________________________________________

Safe Cribs Act

A bill to provide that crib bumpers shall be considered banned hazardous products under section 8 of the Consumer Product Safety Act, and for other purposes.

Safe Cribs Act Safe Cribs Act Safe Cribs Act

Sen. Duckworth, Tammy

D

IL

H.R.3124

Health

Coordination Of Medicare Payments and Worker's Compensation Act or the COMP Act This bill alters provisions relating to Medicare secondary payer rules with respect to workers' compensation settlement arrangements. Among other things, the bill provides that a Medicare set-aside fulfills secondary payer obligations if the set-aside is included in the arrangement and meets certain other criteria.

To amend title XVIII of the Social Security Act to provide for the application of Medicare secondary payer rules to certain workers' compensation settlement agreements and qualified Medicare set-aside provisions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordination Of Medicare Payments and Worker's Compensation Act'' or the ``COMP Act''. SEC. 2. APPLICATION OF MEDICARE SECONDARY PAYER RULES TO CERTAIN WORKERS' COMPENSATION SETTLEMENT AGREEMENTS. (a) Secondary Payer Provisions for Workers' Compensation Settlement Agreements.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended-- (1) in subsection (b)(2)(A)(ii), by inserting ``subject to subsection (p),'' after ``(ii)''; and (2) by adding at the end the following new subsection: ``(p) Definitions.--For purposes of this subsection and subsection (q): ``(1) Compromise agreement.--The term `compromise agreement' means a workers' compensation settlement agreement that-- ``(A) applies to a workers' compensation claim that is denied or contested, in whole or in part, by a workers' compensation payer involved under the workers' compensation law or plan applicable to the jurisdiction in which the agreement has been settled; and ``(B) does not provide for a payment of the full amount of benefits sought or that may be payable under the workers' compensation claim. ``(2) Workers' compensation claimant.--The term `workers' compensation claimant' means a worker who-- ``(A) is or may be covered under a workers' compensation law or plan; and ``(B) submits a claim or accepts benefits under such law or plan for a work-related injury or illness. ``(3) Workers' compensation law or plan.-- ``(A) In general.--The term `workers' compensation law or plan' means a law or program administered by a State or the United States to provide compensation to workers for a work-related injury or illness (or for disability or death caused by such an injury or illness), including the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901-944, 948-950), chapter 81 of title 5, United States Code (known as the Federal Employees Compensation Act), the Black Lung Benefits Act (30 U.S.C. 931 et seq.), and part C of title 4 of the Federal Coal Mine and Safety Act (30 U.S.C. 901 et seq.), but not including the Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to as the Federal Employer's Liability Act). ``(B) Inclusion of similar compensation plan.--Such term includes a similar compensation plan established by an employer that is funded by such employer or the insurance carrier of such employer to provide compensation to a worker of such employer for a work- related injury or illness. ``(4) Workers' compensation payer.--The term `workers' compensation payer' means, with respect to a workers' compensation law or plan, a workers' compensation insurer, self-insurer, employer, individual, or any other entity that is or may be liable for the payment of benefits to a workers' compensation claimant pursuant to the workers' compensation law or plan. ``(5) Workers' compensation settlement agreement.--The term `workers' compensation settlement agreement' means an agreement, between a claimant and one or more workers' compensation payers which-- ``(A) forecloses the possibility of future payment of some or all workers' compensation benefits involved; and ``(B)(i) compensates the claimant for a work- related injury or illness as provided for by a workers' compensation law or plan; or ``(ii) eliminates cause for litigation involving issues in dispute between the claimant and payer.''. (b) Satisfaction of Secondary Payer Obligations.--Section 1862 of the Social Security Act (42 U.S.C. 1395y), as amended by subsection (a), is further amended by adding at the end the following new subsection: ``(q) Treatment of Medicare Set-Asides Under Workers' Compensation Settlement Agreements.-- ``(1) Satisfaction of secondary payer obligations.-- ``(A) Full satisfaction of claim obligations.-- ``(i) In general.--If a workers' compensation settlement agreement, related to a claim of a workers' compensation claimant, includes a Medicare set-aside (as defined in subparagraph (B)(i)), such set-aside shall satisfy any obligation with respect to payments reasonably expected to be made under subsection (b)(2)(A)(ii) with respect to such claim. ``(ii) Rule of construction.--Nothing in this section shall be construed as requiring the submission of a Medicare set-aside to the Secretary. ``(B) Medicare set-aside and medicare set-aside amount defined.--For purposes of this subsection: ``(i) Medicare set-aside.--The term `Medicare set-aside' means, with respect to a workers' compensation settlement agreement, a provision in the agreement that provides for a payment of a lump sum, annuity, a combination of a lump sum and an annuity, or other amount that is in full satisfaction of the obligation described in subparagraph (A) for items and services that the workers' compensation claimant under the agreement received or is reasonably expected to receive under the applicable workers' compensation law. ``(ii) Medicare set-aside amount.--The term `Medicare set-aside amount' means, with respect to a Medicare set-aside, the actual dollar amount provided for in clause (i). ``(2) Medicare set-aside.-- ``(A) Satisfaction of medicare set-aside.--For purposes of this subsection, a Medicare set-aside meets Medicare secondary payer obligations if the Medicare set-aside amount reasonably takes into account the full payment obligation described in paragraph (1)(A), while meeting the requirements of subparagraphs (B) and (C) and is determined based on the following: ``(i) The illness or injury giving rise to the workers' compensation claim involved. ``(ii) The age and life expectancy of the claimant involved. ``(iii) The reasonableness of and necessity for future medical expenses for treatment of the illness or injury involved. ``(iv) The duration of and limitation on benefits payable under the workers' compensation law or plan involved. ``(v) The regulations and case law relevant to the State workers' compensation law or plan involved. ``(B) Items and services included.--A Medicare set- aside-- ``(i) shall include payment for items and services that are covered and otherwise payable under this title as of the effective date of the workers' compensation settlement agreement and that are covered by the workers' compensation law or plan; and ``(ii) is not required to provide for payment for items and services that are not described in clause (i). ``(C) Payment requirements.-- ``(i) Required application of workers' compensation law and fee schedule.-- ``(I) In general.--Except in the case of an optional direct payment of a Medicare set-aside made under paragraph (5)(A), the set-aside amount shall be based upon the payment amount for items and services under the workers' compensation law or plan and applicable fee schedule (effective as of the date of the agreement). ``(II) Workers' compensation fee schedule defined.--For purposes of this subsection, the term `workers' compensation fee schedule' means, with respect to a workers' compensation law or plan of a State or a similar plan applicable in a State, the schedule of payment amounts the State has established to pay providers for items and services furnished to workers who incur a work-related injury or illness as defined under such law or plan (or in the absence of such a schedule, the applicable medical reimbursement rate under such law or plan). ``(ii) Optional proportional adjustment for compromise settlement agreements.--In the case of a compromise settlement agreement, a claimant or workers' compensation payer who is party to the agreement may elect to calculate the Medicare set-aside amount of the agreement by applying a percentage reduction to the Medicare set-aside amount for the total settlement amount that could have been payable under the applicable workers' compensation law or similar plan involved had the denied, disputed, or contested portion of the claim not been subject to a compromise agreement. The percentage reduction shall be equal to the denied, disputed, or contested percentage of such total settlement. Such election may be made by a party to the agreement only with the written consent of the other party or parties to the agreement. ``(3) Optional process for approval of medicare set- asides.-- ``(A) Optional prior approval by secretary.--A party to a workers' compensation settlement agreement that includes a Medicare set-aside may submit to the Secretary the Medicare set-aside amount for approval. ``(B) Notice of determination of approval or disapproval.--Not later than 60 days after the date on which the Secretary receives a submission under subparagraph (A), the Secretary shall notify in writing the parties to the workers' compensation settlement agreement of the determination of approval or disapproval. If the determination disapproves such submission the Secretary shall include with such notification the specific reasons for the disapproval. ``(4) Appeals.-- ``(A) In general.--A party to a workers' compensation settlement agreement that is dissatisfied with a determination under paragraph (3)(B), upon filing a request for reconsideration with the Secretary not later than 60 days after the date of notice of such determination, shall be entitled to-- ``(i) reconsideration of the determination by the Secretary (with respect to such determination); ``(ii) a hearing before an administrative law judge thereon after such reconsideration; and ``(iii) judicial review of the Secretary's final determination after such hearing. ``(5) Administration of medicare set-aside provisions.-- ``(A) Optional direct payment of medicare set-aside amount.-- ``(i) Election for direct payment of medicare set-aside amount.--Effective 30 days after the date of enactment of this subsection, with respect to a claim for which a workers' compensation settlement agreement is or has been established, a claimant or workers' compensation payer who is party to the agreement may elect, but is not required, to transfer to the Secretary a direct payment of the Medicare set-aside amount. The parties involved may calculate the Medicare set-aside amount of such set-aside using any of the following methods: ``(I) In the case of any Medicare set-aside of a compromise settlement agreement under paragraph (2)(C)(ii), the amount calculated in accordance with such paragraph. ``(II) In the case of any Medicare set-aside, the amount based upon the payment amount for items and services under the workers' compensation law or plan and fee schedule (effective as of the date of the agreement) in accordance with paragraph (2)(C)(i)(I). ``(III) In the case of any Medicare set-aside, the payment amount applicable to the items and services under this title as in effect on the effective date of the agreement. Such transfer shall be made only upon written consent of the other party or parties to the agreement. ``(ii) Election satisfying liability.--An election made under clause (i), with respect to a qualified Medicare set-aside shall satisfy any payment, in relation to the underlying claim of the related workers' compensation settlement agreement, required under subsection (b)(2) to be made by the claimant or payer to the Secretary. ``(B) Election of professional or beneficiary self administration of medicare set-aside payments.--Nothing in this subsection or subsection (p) prohibits an individual from electing to utilize professional administration services or to self-administer payments of their Medicare set-aside in accordance with existing law. ``(6) Treatment of state workers' compensation law.--For purposes of this subsection and subsection (p), if a workers' compensation settlement agreement is accepted, reviewed, approved, or otherwise finalized in accordance with the workers' compensation law of the jurisdiction in which such agreement will be effective, such acceptance, review, approval, or other finalization shall be deemed final and conclusive as to any and all matters within the jurisdiction of the workers' compensation law, including-- ``(A) the determination of reasonableness of the settlement value; ``(B) any allocations of settlement funds; ``(C) the projection of future indemnity or medical benefits that may be reasonably expected to be paid under the State workers' compensation law; and ``(D) in the case of a compromise agreement, the total amount that could have been payable for a claim which is the subject of such agreement in accordance with paragraph (2)(C)(ii).''. (c) Conforming Amendments.--Subsection (b) of such section is further amended-- (1) in paragraph (2)(B)(ii), by striking ``paragraph (9)'' and inserting ``paragraph (9) and subsections (p) and (q)''; (2) in paragraph (2)(B)(iii)-- (A) in the first sentence, by striking ``In order to recover payment'' and inserting ``Subject to subsection (q), in order to recover payment''; and (B) in the third sentence, by striking ``In addition'' and inserting ``Subject to subsection (q), in addition''; and (3) in paragraph (3)(A), by striking ``There is established a private cause of action'' and inserting ``Subject to subsection (q), there is established a private cause of action''. (d) Modernizing Terminology for Purposes of Medicare Secondary Payer Provisions.--Subsection (b)(2)(A) of such section is amended by striking ``workmen's compensation law or plan'' and inserting ``workers' compensation law or plan'' each place it appears. (e) Limitation on Liability.--The parties to a workers' compensation settlement agreement which met the provisions of section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) on the effective date of settlement shall be accepted as meeting the requirements of such section notwithstanding changes in law, regulations, or administrative interpretation of such provisions after the effective date of such settlement. (f) Effective Date.--The amendments made by this section, unless otherwise specified, shall apply to a workers' compensation settlement agreement with an effective date on or after January 1, 2022. <all>

COMP Act

To amend title XVIII of the Social Security Act to provide for the application of Medicare secondary payer rules to certain workers' compensation settlement agreements and qualified Medicare set-aside provisions.

COMP Act Coordination Of Medicare Payments and Worker’s Compensation Act

Rep. Thompson, Mike

D

CA

H.R.2113

International Affairs

Sanctioning Iranian-Backed Militia Terrorists Act This bill requires the President to impose property- and visa-blocking sanctions with respect to Kata'ib Sayyid al-Shuhada and any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al-Shuhada. Kata'ib Sayyid al-Shuhada is an Iranian-backed Iraqi militia that has worked with groups that have been designated as foreign terrorist organizations and has deployed forces to Syria to engage in military operations supporting the Syrian government.

To impose sanctions with respect to Kata'ib Sayyid al-Shuhada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctioning Iranian-Backed Militia Terrorists Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Kata'ib Sayyid al-Shuhada (KSS) is an Iranian-backed Iraqi militia founded in 2003 by Abu Mustafa al-Sheibani, who was sanctioned on January 9, 2008, by the Department of the Treasury ``for threatening the peace and stability of Iraq and the Government of Iraq''. Sheibani led a network which according to the Department of the Treasury conducted improvised explosive device attacks against United States soldiers in Baghdad. (2) KSS openly recognizes the Iranian Supreme Leader Ali Khamanei as its spiritual leader. (3) KSS is provided training, funding, and arms by Iran's Islamic Revolutionary Guard Corps (IRGC) and IRGC-Quds Forces and works closely with Kata'ib Hezbollah (KH), Lebanese Hezbollah, and Asa'ib Ahl al-Haq (AAH), all of which have been designated as Foreign Terrorist Organizations by the Department of State. (4) KSS has fought under the command of former IRGC-Quds Forces commander Qassem Soleimani. The militia has members who operate as a unit of the Popular Mobilization Forces (PMF), which is a formal part of the Iraqi federal government under the authority of the Prime Minister of Iraq and which receives funding from the Iraqi federal government, including salaries. (5) Since its founding KSS has deployed forces to Syria to engaged in military operations supporting the Government of Syria, including offensives in Daraa, Quneitera, the Damascus suburbs, and the Aleppo countryside. (6) In 2015, KSS threatened to ``strike and destroy'' Saudi Arabia, saying in a statement: ``We in the Sayyid al Shuhada Battalion consider Saudi interests a legitimate and permissible target on all levels, and we will strike and destroy them whenever it pleases us.''. (7) In August 2019, Abu Alaa al-Wala'i, a leader of KSS, said that ``All Americans will be held hostage by the resistance factions in the event of a war.''. (8) On February 14, 2020, the Department of State announced that sanctions were imposed on KSS pursuant to section 3 of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) for engaging in illicit arms transfers to or acquisition from Iran. (9) On February 25, 2021, President Biden ordered airstrikes against infrastructure utilized by Iranian-backed militias in eastern Syria in response to attacks against United States personnel in Iraq. According to the Department of Defense's statement on February 25, 2021, ``the strikes destroyed multiple facilities located at a border control point used by a number of Iranian-backed militant groups, including Kait'ib Hezbollah (KH) and Kait'ib Sayyid al-Shuhada (KSS).''. SEC. 3. IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to-- (1) Kata'ib Sayyid al-Shuhada; and (2) any foreign person that is a member, agent, or affiliate of, or owned or controlled by, Kata'ib Sayyid al- Shuhada. (b) Sanctions Described.--The sanctions described in this subsection are-- (1) sanctions applicable with respect to a foreign person pursuant to section 7412(b) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); and (2) sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). <all>

Sanctioning Iranian-Backed Militia Terrorists Act

To impose sanctions with respect to Kata'ib Sayyid al-Shuhada.

Sanctioning Iranian-Backed Militia Terrorists Act

Rep. Steube, W. Gregory

R

FL

S.3195

Commerce

Consumer Online Privacy Rights Act This bill places requirements on entities that process or transfer a consumer's data. Specifically, the bill requires such entities to Further, the bill prohibits such entities from The Federal Trade Commission must establish a new bureau to assist with enforcement of these provisions.

To provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Consumer Online Privacy Rights Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I--DATA PRIVACY RIGHTS Sec. 101. Duty of loyalty. Sec. 102. Right to access and transparency. Sec. 103. Right to delete. Sec. 104. Right to correct inaccuracies. Sec. 105. Right to controls. Sec. 106. Right to data minimization. Sec. 107. Right to data security. Sec. 108. Civil rights. Sec. 109. Prohibition on waiver of rights. Sec. 110. Limitations and applicability. TITLE II--OVERSIGHT AND RESPONSIBILITY Sec. 201. Executive responsibility. Sec. 202. Privacy and data security officers; comprehensive privacy and data security programs; risk assessments and compliance. Sec. 203. Service providers and third parties. Sec. 204. Whistleblower protections. Sec. 205. Digital content forgeries. TITLE III--MISCELLANEOUS Sec. 301. Enforcement, civil penalties, and applicability. Sec. 302. Relationship to Federal and State laws. Sec. 303. Severability. Sec. 304. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Affirmative express consent.-- (A) In general.--The term ``affirmative express consent'' means an affirmative act by an individual that clearly communicates the individual's authorization for an act or practice, in response to a specific request that meets the requirements of subparagraph (B). (B) Request requirements.--The requirements of this subparagraph with respect to a request from a covered entity to an individual are the following: (i) The request is provided to the individual in a standalone disclosure. (ii) The request includes a description of each act or practice for which the individual's consent is sought and-- (I) clearly distinguishes between an act or practice which is necessary to fulfill a request of the individual and an act or practice which is for another purpose; and (II) is written in easy-to- understand language and includes a prominent heading that would enable a reasonable individual to identify and understand the act or practice. (iii) The request clearly explains the individual's applicable rights related to consent. (C) Express consent required.--An entity shall not infer that an individual has provided affirmative express consent to an act or practice from the inaction of the individual or the individual's continued use of a service or product provided by the entity. (2) Algorithmic decision-making.--The term ``algorithmic decision-making'' means a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques that makes a decision or facilitates human decision-making with respect to covered data. (3) Biometric information.-- (A) In general.--The term ``biometric information'' means any covered data generated from the measurement or specific technological processing of an individual's biological, physical, or physiological characteristics, including-- (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) facial scans or templates; (v) deoxyribonucleic acid (DNA) information; and (vi) gait. (B) Exclusions.--Such term does not include writing samples, written signatures, photographs, voice recordings, demographic data, or physical characteristics such as height, weight, hair color, or eye color, provided that such data is not used for the purpose of identifying an individual's unique biological, physical, or physiological characteristics. (4) Collect; collection.--The terms ``collect'' and ``collection'' mean buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring covered data by any means, including by passively or actively observing the individual's behavior. (5) Common branding.--The term ``common branding'' means a shared name, servicemark, or trademark. (6) Control.--The term ``control'' means, with respect to an entity-- (A) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of the entity; (B) control in any manner over the election of a majority of the directors of the entity (or of individuals exercising similar functions); or (C) the power to exercise a controlling influence over the management of the entity. (7) Commission.--The term ``Commission'' means the Federal Trade Commission. (8) Covered data.-- (A) In general.--The term ``covered data'' means information that identifies, or is linked or reasonably linkable to an individual or a consumer device, including derived data. (B) Exclusions.--Such term does not include-- (i) de-identified data; (ii) employee data; and (iii) public records. (9) Covered entity.-- (A) In general.--The term ``covered entity'' means any entity or person that-- (i) is subject to the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (ii) processes or transfers covered data. (B) Inclusion of commonly controlled and commonly branded entities.--Such term includes any entity or person that controls, is controlled by, is under common control with, or shares common branding with a covered entity. (C) Exclusion of small business.--Such term does not include a small business. (10) De-identified data.--Term ``de-identified data'' means information that cannot reasonably be used to infer information about, or otherwise be linked to, an individual, a household, or a device used by an individual or household, provided that the entity-- (A) takes reasonable measures to ensure that the information cannot be reidentified, or associated with, an individual, a household, or a device used by an individual or household; (B) publicly commits in a conspicuous manner-- (i) to process and transfer the information in a de-identified form; and (ii) not to attempt to reidentify or associate the information with any individual, household, or device used by an individual or household; and (C) contractually obligates any person or entity that receives the information from the covered entity to comply with all of the provisions of this paragraph. (11) Derived data.--The term ``derived data'' means covered data that is created by the derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data about an individual, household, or device used by an individual or household. (12) Employee data.--The term ``employee data'' means-- (A) covered data that is collected by a covered entity or the covered entity's service provider about an individual in the course of the individual's employment or application for employment (including on a contract or temporary basis) provided that such data is retained or processed by the covered entity or the covered entity's service provider solely for purposes necessary for the individual's employment or application for employment; (B) covered data that is collected by a covered entity or the covered entity's service provider that is emergency contact information for an individual who is an employee, contractor, or job applicant of the covered entity provided that such data is retained or processed by the covered entity or the covered entity's service provider solely for the purpose of having an emergency contact for such individual on file; and (C) covered data that is collected by a covered entity or the covered entity's service provider about an individual (or a relative of an individual) who is an employee or former employee of the covered entity for the purpose of administering benefits to which such individual or relative is entitled on the basis of the individual's employment with the covered entity, provided that such data is retained or processed by the covered entity or the covered entity's service provider solely for the purpose of administering such benefits. (13) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code. (14) Individual.--The term ``individual'' means a natural person residing in the United States, however identified, including by any unique identifier. (15) Large data holder.--The term ``large data holder'' means a covered entity that, in the most recent calendar year-- (A) processed or transferred the covered data of more than 5,000,000 individuals, devices used by individuals or households, or households; or (B) processed or transferred the sensitive covered data of more than 100,000 individuals, devices used by individuals or households, or households. (16) Process.--The term ``process'' means any operation or set of operations performed on covered data including collection, analysis, organization, structuring, retaining, using, or otherwise handling covered data. (17) Processing purpose.--The term ``processing purpose'' means an adequately specific and granular reason for which a covered entity processes covered data that clearly describes the processing activity. (18) Publicly available information.-- (A) In general.--The term ``publicly available information'' means-- (i) information that a covered entity has a reasonable basis to believe is lawfully made available to the general public from widely distributed media; and (ii) information that is directly and voluntarily disclosed to the general public by the individual to whom the information relates. (B) Limitation.--Such term does not include-- (i) information derived from publicly available information; (ii) biometric information; or (iii) nonpublicly available information that has been combined with publicly available information. (19) Public records.--The term ``public records'' means information that is lawfully made available from Federal, State, or local government records provided that the covered entity processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (20) Sensitive covered data.--The term ``sensitive covered data'' means the following forms of covered data: (A) A government-issued identifier, such as a Social Security number, passport number, or driver's license number. (B) Any information that describes or reveals the past, present, or future physical health, mental health, disability, or diagnosis of an individual. (C) A financial account number, debit card number, credit card number, or any required security or access code, password, or credentials allowing access to any such account. (D) Biometric information. (E) Precise geolocation information that reveals the past or present actual physical location of an individual or device. (F) The content or metadata of an individual's private communications or the identity of the parties to such communications unless the covered entity is an intended recipient of the communication. (G) An email address, telephone number, or account log-in credentials. (H) Information revealing an individual's race, ethnicity, national origin, religion, or union membership in a manner inconsistent with the individual's reasonable expectation regarding disclosure of such information. (I) Information revealing the sexual orientation or sexual behavior of an individual in a manner inconsistent with the individual's reasonable expectation regarding disclosure of such information. (J) Information revealing online activities over time and across third-party websites or online services. (K) Calendar information, address book information, phone or text logs, photos, or videos maintained on an individual's device. (L) A photograph, film, video recording, or other similar medium that shows the naked or undergarment- clad private area of an individual. (M) Any other covered data processed or transferred for the purpose of identifying the above data types. (N) Any other covered data that the Commission determines to be sensitive covered data through a rulemaking pursuant to section 553 of title 5, United States Code. (21) Service provider.-- (A) In general.--The term ``service provider'' means a covered entity that processes or transfers covered data in the course of performing a service or function on behalf of, and at the direction of, another covered entity, but only to the extent that such processing or transferral-- (i) relates to the performance of such service or function; or (ii) is necessary to comply with a legal obligation or to establish, exercise, or defend legal claims. (B) Exclusion.--Such term does not include a covered entity that processes or transfers the covered data outside of the direct relationship between the service provider and the covered entity. (22) Service provider data.--The term ``service provider data'' means covered data that is collected by or has been transferred to a service provider by a covered entity for the purpose of allowing the service provider to perform a service or function on behalf of, and at the direction of, such covered entity. (23) Small business.-- (A) In general.--The term ``small business'' means an entity that can establish that, with respect to the 3 preceding calendar years (or for the period during which the entity has been in existence if, as of such date, such period is less than 3 years) the entity does not-- (i) maintain annual average gross revenue in excess of $25,000,000; (ii) annually process the covered data of an average of 100,000 or more individuals, households, or devices used by individuals or households; and (iii) derive 50 percent or more of its annual revenue from transferring individuals' covered data. (B) Common control; common branding.--For purposes of subparagraph (A), the annual average gross revenue, data processing volume, and percentage of annual revenue of an entity shall include the revenue and processing activities of any person that controls, is controlled by, is under common control with, or shares common branding with such entity. (24) Third party.--The term ``third party''-- (A) means any person or entity that-- (i) processes or transfers third party data; and (ii) is not a service provider with respect to such data; and (B) does not include a person or entity that collects covered data from another entity if the two entities are related by common ownership or corporate control and share common branding. (25) Third party data.--The term ``third party data'' means covered data that is transferred to a third party by a covered entity. (26) Transfer.--The term ``transfer'' means to disclose, release, share, disseminate, make available, sell, license, or otherwise communicate covered data by any means to a service provider or third party-- (A) in exchange for consideration; or (B) for a commercial purpose. (27) Unique identifier.--The term ``unique identifier'' means an identifier that is reasonably linkable to an individual, household, or device used by an individual or household, including a device identifier, an Internet Protocol address, cookies, beacons, pixel tags, mobile ad identifiers, or similar technology, customer number, unique pseudonym, or user alias, telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular individual, a household, or a device. (28) Widely distributed media.--The term ``widely distributed media'' means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis, but does not include an obscene visual depiction as defined in section 1460 of title 18, United States Code. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the date that is 180 days after the date of enactment of this Act. TITLE I--DATA PRIVACY RIGHTS SEC. 101. DUTY OF LOYALTY. (a) In General.--A covered entity shall not-- (1) engage in a deceptive data practice or a harmful data practice; or (2) process or transfer covered data in a manner that violates any provision of this Act. (b) Definitions.-- (1) Deceptive data practice.--The term ``deceptive data practice'' means an act or practice involving the processing or transfer of covered data in a manner that constitutes a deceptive act or practice in violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). (2) Harmful data practice.--The term ``harmful data practice'' means the processing or transfer of covered data in a manner that causes or is likely to cause any of the following: (A) Financial, physical, or reputational injury to an individual. (B) Physical or other offensive intrusion upon the solitude or seclusion of an individual or the individual's private affairs or concerns, where such intrusion would be offensive to a reasonable person. (C) Other substantial injury to an individual. SEC. 102. RIGHT TO ACCESS AND TRANSPARENCY. (a) Right to Access.--A covered entity, upon the verified request of an individual, shall provide the individual, in a human-readable format that a reasonable individual can understand, with-- (1) a copy or accurate representation of the covered data of the individual processed or transferred by the covered entity; and (2) the name of any third party to whom covered data of the individual has been transferred by the covered entity and a description of the purpose for which the entity transferred such data to such third party. (b) Right to Transparency.--A covered entity shall make publicly and persistently available, in a conspicuous and readily accessible manner, a privacy policy that provides a detailed and accurate representation of the entity's data processing and data transfer activities. Such privacy policy shall include, at a minimum-- (1) the identity and the contact information of the covered entity, including the contact information for the covered entity's representative for privacy and data security inquiries; (2) each category of data the covered entity collects and the processing purposes for which such data is collected; (3) whether the covered entity transfers covered data and, if so-- (A) each category of service provider and third party to which the covered entity transfers covered data and the purposes for which such data is transferred to such categories; and (B) the identity of each third party to which the covered entity transfers covered data and the purposes for which such data is transferred to such third party, except for transfers to governmental entities pursuant to a court order or law that prohibits the covered entity from disclosing such transfer; (4) how long covered data processed by the covered entity will be retained by the covered entity and a description of the covered entity's data minimization policies; (5) how individuals can exercise the individual rights described in this title; (6) a description of the covered entity's data security policies; and (7) the effective date of the privacy policy. (c) Languages.--A covered entity shall make the privacy policy required under this section available to the public in all of the languages in which the covered entity provides a product or service or carries out any other activities to which the privacy policy relates. (d) Right To Consent to Material Changes.--A covered entity shall not make a material change to its privacy policy or practices with respect to previously collected covered data that would weaken the privacy protections applicable to such data without first obtaining prior affirmative express consent from the individuals affected. The covered entity shall provide direct notification, where possible, regarding material changes to affected individuals, taking into account available technology and the nature of the relationship. SEC. 103. RIGHT TO DELETE. A covered entity, upon the verified request of an individual, shall-- (1) delete, or allow the individual to delete, any information in the covered data of the individual that is processed by the covered entity; and (2) inform any service provider or third party to which the covered entity transferred such data of the individual's deletion request. SEC. 104. RIGHT TO CORRECT INACCURACIES. A covered entity, upon the verified request of an individual, shall-- (1) correct, or allow the individual to correct, inaccurate or incomplete information in the covered data of the individual that is processed by the covered entity; and (2) inform any service provider or third party to which the covered entity transferred such data of the corrected information. SEC. 105. RIGHT TO CONTROLS. (a) Right to Data Portability.--A covered entity, upon the verified request of an individual, shall export the individual's covered data, except for derived data, without licensing restrictions-- (1) in a human-readable format that allows the individual to understand such covered data of the individual; and (2) in a structured, interoperable, and machine-readable format that includes all covered data or other information that the covered entity collected to the extent feasible. (b) Right To Opt Out of Transfers.-- (1) In general.--A covered entity-- (A) shall not transfer an individual's covered data to a third party if the individual objects to the transfer; and (B) shall allow an individual to object to the covered entity transferring covered data of the individual to a third party through a process established under the rule issued by the Commission pursuant to paragraph (2). (2) Rulemaking.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Commission shall issue a rule under section 553 of title 5, United States Code, establishing one or more acceptable processes for covered entities to follow in allowing individuals to opt out of transfers of covered data. (B) Requirements.--The processes established by the Commission pursuant to this subparagraph shall-- (i) be centralized, to the extent feasible, to minimize the number of opt-out designations of a similar type that a consumer must make; (ii) include clear and conspicuous opt-out notices and consumer friendly mechanisms to allow an individual to opt out of transfers of covered data; (iii) allow an individual that objects to a transfer of covered data to view the status of such objection; (iv) allow an individual that objects to a transfer of covered data to change the status of such objection; (v) be privacy protective; and (vi) be informed by the Commission's experience developing and implementing the National Do Not Call Registry. (c) Sensitive Data.--A covered entity-- (1) shall not process the sensitive covered data of an individual without the individual's prior, affirmative express consent; (2) shall not transfer the sensitive covered data of an individual without the individual's prior, affirmative express consent; (3) shall provide an individual with a consumer-friendly means to withdraw affirmative express consent to process the sensitive covered data of the individual; and (4) is not required to obtain prior, affirmative express consent to process or transfer publicly available information. SEC. 106. RIGHT TO DATA MINIMIZATION. A covered entity shall not process or transfer covered data beyond what is reasonably necessary, proportionate, and limited-- (1) to carry out the specific processing purposes and transfers described in the privacy policy made available by the covered entity as required under section 102; (2) to carry out a specific processing purpose or transfer for which the covered entity has obtained affirmative express consent; or (3) for a purpose specifically permitted under subsection (d) of section 110. Covered data processing and transfers consistent with this section shall not supersede any other provision of this Act. SEC. 107. RIGHT TO DATA SECURITY. (a) In General.--A covered entity shall establish, implement, and maintain reasonable data security practices to protect the confidentiality, integrity, and accessibility of covered data. Such data security practices shall be appropriate to the volume and nature of the covered data at issue. (b) Specific Requirements.--Data security practices required under subsection (a) shall include, at a minimum, the following: (1) Assess vulnerabilities.--Identifying and assessing any reasonably foreseeable risks to, and vulnerabilities in, each system maintained by the covered entity that processes or transfers covered data, including unauthorized access to or risks to covered data, human vulnerabilities, access rights, and use of service providers. Such activities shall include a plan to receive and respond to unsolicited reports of vulnerabilities by entities and individuals. (2) Preventive and correction action.--Taking preventive and corrective action to mitigate any risks or vulnerabilities to covered data identified by the covered entity, which may include implementing administrative, technical, or physical safeguards or changes to data security practices or the architecture, installation, or implementation of network or operating software. (3) Information retention and disposal.--Disposing covered data that is required to be deleted or is no longer necessary for the purpose for which the data was collected unless an individual has provided affirmative express consent to such retention. Such process shall include destroying, permanently erasing, or otherwise modifying the covered data to make such data permanently unreadable or indecipherable and unrecoverable and data hygiene practices to ensure ongoing compliance with this subsection. (4) Training.--Training all employees with access to covered data on how to safeguard covered data and protect individual privacy and updating that training as necessary. (c) Training Guidelines.--Not later than 1 year after the date of enactment of this Act, the Commission, in conjunction with the National Institute of Standards and Technology, shall publish guidance for covered entities on how to provide effective data security and privacy training as described in subsection (b)(4). SEC. 108. CIVIL RIGHTS. (a) Protections.-- (1) In general.--A covered entity shall not process or transfer covered data on the basis of an individual's or class of individuals' actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability-- (A) for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for a housing, employment, credit, or education opportunity, in a manner that unlawfully discriminates against or otherwise makes the opportunity unavailable to the individual or class of individuals; or (B) in a manner that unlawfully segregates, discriminates against, or otherwise makes unavailable to the individual or class of individuals the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. (2) Exception.--Nothing in this section shall limit a covered entity from processing covered data for legitimate internal testing for the purpose of preventing unlawful discrimination or otherwise determining the extent or effectiveness of the covered entity's compliance with this Act. (3) FTC advisory opinions.--A covered entity may request advice from the Commission concerning the covered entity's potential compliance with this subsection, in accordance with the Commission's rules of practice on advisory opinions. (b) Algorithmic Decision-Making Impact Assessment.-- (1) Impact assessment.--Notwithstanding any other provision of law, a covered entity engaged in algorithmic decision- making, or in assisting others in algorithmic decision-making for the purpose of processing or transferring covered data, solely or in part to make or facilitate advertising for housing, education, employment or credit opportunities, or an eligibility determination for housing, education, employment or credit opportunities or determining access to, or restrictions on the use of, any place of public accommodation, must annually conduct an impact assessment of such algorithmic decision- making that-- (A) describes and evaluates the development of the covered entity's algorithmic decision-making processes including the design and training data used to develop the algorithmic decision-making process, how the algorithmic decision-making process was tested for accuracy, fairness, bias and discrimination; and (B) assesses whether the algorithmic decision- making system produces discriminatory results on the basis of an individual's or class of individuals' actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability. (2) External, independent auditor or researcher.--A covered entity may utilize an external, independent auditor or researcher to conduct such assessments. (3) Availability.--The covered entity-- (A) shall make the impact assessment available to the Commission upon request; and (B) may make the impact assessment public. A covered entity may redact and segregate trade secrets as defined by section 1839 of title 18, United States Code, from public disclosure under this subsection. (4) Study.--Not later than 3 years after the date of enactment of this Act, the Commission shall publish a report containing the results of a study, using the Commission's authority under section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)), examining the use of algorithms for the purposes described in this subsection. Not later than 3 years after the publication of the initial report, and as necessary thereafter, the Commission shall publish a new and updated version of such report. SEC. 109. PROHIBITION ON WAIVER OF RIGHTS. A covered entity shall not condition the provision of a service or product to an individual on the individual's agreement to waive privacy rights guaranteed by-- (1) sections 101, 105(a), and 106 through 109 of this Act; and (2) sections 102 through 104, and 105(b) and (c) of this Act, except in the case where-- (A) there exists a direct relationship between the individual and the covered entity initiated by the individual; (B) the provision of the service or product requested by the individual requires the processing or transferring of the specific covered data of the individual and the covered data is strictly necessary to provide the service or product; and (C) an individual provides affirmative express consent to such specific limitations. SEC. 110. LIMITATIONS AND APPLICABILITY. (a) Verification of Requests.-- (1) In general.--A covered entity shall not permit an individual to exercise a right described in sections 102 through 105(a) if-- (A) the covered entity cannot reasonably verify that the individual making the request to exercise the right is the individual whose covered data is the subject of the request or an individual authorized to make such a request on the individual's behalf; or (B) the covered entity reasonably believes that the request is made to interfere with a contract between the covered entity and another individual. (2) Additional information.--If a covered entity cannot reasonably verify that a request to exercise a right described in sections 102 through 105(a) is made by the individual whose covered data is the subject of the request (or an individual authorized to make such a request on the individual's behalf), the covered entity shall request the provision of additional information necessary for the sole purpose of verifying the identity of the individual and shall not process or transfer such additional information for any other purpose. (3) Burden minimization.--A covered entity shall minimize the inconvenience to consumers relating to the verification or authentication of requests. (b) Cost of Access.--A covered entity shall carry out the rights described in sections 102 through 105(a) free of charge. (c) Exceptions to Sections 102 Through 105(b).--A covered entity may decline to comply with an individual's request to exercise a right described in sections 102 through 105(b) if-- (1) complying with the request would be demonstrably impossible (for purposes of this paragraph, the receipt of a large number of verified requests, on its own, shall not be considered to render compliance with a request demonstrably impossible); (2) complying with the request would prevent the covered entity from carrying out internal audits, performing accounting functions, processing refunds, or fulfilling warranty claims, provided that the covered data that is the subject of the request is not processed or transferred for any purpose other than such specific activities; (3) the request is made to correct or delete publicly available information, and then only to the extent the data is publicly available information; (4) complying with the request would impair the publication of newsworthy information of legitimate public concern to the public by a covered entity, or the processing or transfer of information by a covered entity for such purpose; (5) complying with the request would impair the privacy of another individual or the rights of another to exercise free speech; or (6) the covered entity processes or will process the data subject to the request for a specific purpose described in subsection (d) of this section, and complying with the request would prevent the covered entity from using such data for such specific purpose. (d) Exceptions to Affirmative Express Consent.-- (1) In general.--A covered entity may process or transfer covered data without the individual's affirmative express consent for any of the following purposes, provided that the processing or transfer is reasonably necessary, proportionate, and limited to such purpose: (A) To complete a transaction or fulfill an order or service specifically requested by an individual, such as billing, shipping, or accounting. (B) To perform system maintenance, debug systems, or repair errors to ensure the functionality of a product or service provided by the covered entity. (C) To detect or respond to a security incident, provide a secure environment, or maintain the safety of a product or service. (D) To protect against malicious, deceptive, fraudulent, or illegal activity. (E) To comply with a legal obligation or the establishment, exercise, or defense of legal claims. (F) To prevent an individual from suffering harm where the covered entity believes in good faith that the individual is in danger of suffering death or serious physical injury. (G) To effectuate a product recall pursuant to Federal or State law. (H) To conduct scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board or a similar oversight entity that meets standards promulgated by the Commission pursuant to section 553 of title 5, United States Code. (2) Biometric information.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations pursuant to section 553 of title 5, United States Code, identifying privacy protective requirements for the processing of biometric information for a purpose described in subparagraph (C) or (D) of paragraph (1). Such regulations shall include-- (A) strict data processing limitations, including a prohibition on the processing of biometric information unless the covered entity has a reasonable suspicion, after a specific criminal incident involving the covered entity, that the individual may engage in criminal activity; (B) strict data transfer limitations, including a prohibition on the transfer of biometric information to a third party other than to comply with a legal obligation or to establish, exercise, or defend a legal claim; and (C) strict transparency obligations, including requiring disclosures in a conspicuous and readily accessible manner regarding specific data processing and transfer activities. (e) Journalism Exception.--Nothing in this title shall apply to the publication of newsworthy information of legitimate public concern to the public by a covered entity, or to the processing or transfer of information by a covered entity for that purpose. (f) Applicability of Other Data Privacy Requirements.--A covered entity that is required to comply with title V of the Gramm-Leach- Bliley Act (15 U.S.C. 6801 et seq.), the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17931 et seq.), part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; part 99 of title 34, Code of Federal Regulations), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), and is in compliance with the data privacy requirements of such regulations, part, title, or Act (as applicable), shall be deemed to be in compliance with the related requirements of this title, except for section 107, with respect to data subject to the requirements of such regulations, part, title, or Act. Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance describing the implementation of this subsection. (g) Applicability of Other Data Security Requirements.--A covered entity that is required to comply with title V of the Gramm-Leach- Bliley Act (15 U.S.C. 6801 et seq.), the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17931 et seq.), part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), and is in compliance with the information security requirements of such regulations, part, title, or Act (as applicable), shall be deemed to be in compliance with the requirements of section 107 with respect to data subject to the requirements of such regulations, part, title, or Act. Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance describing the implementation of this subsection. (h) In General.--The Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations necessary to carry out the provisions of this title. TITLE II--OVERSIGHT AND RESPONSIBILITY SEC. 201. EXECUTIVE RESPONSIBILITY. (a) In General.--Beginning 1 year after the date of enactment of this Act, the chief executive officer of a covered entity that is a large data holder (or, if the entity does not have a chief executive officer, the highest ranking officer of the entity) and each privacy officer and data security officer of such entity shall annually certify to the Commission, in a manner specified by the Commission, that the entity maintains-- (1) adequate internal controls to comply with this Act; and (2) reporting structures to ensure that such certifying officers are involved in, and are responsible for, decisions that impact the entity's compliance with this Act. (b) Requirements.--A certification submitted under subsection (a) shall be based on a review of the effectiveness of a covered entity's internal controls and reporting structures that is conducted by the certifying officers no more than 90 days before the submission of the certification. SEC. 202. PRIVACY AND DATA SECURITY OFFICERS; COMPREHENSIVE PRIVACY AND DATA SECURITY PROGRAMS; RISK ASSESSMENTS AND COMPLIANCE. (a) Privacy and Data Security Officer.--A covered entity shall designate-- (1) 1 or more qualified employees as privacy officers; and (2) 1 or more qualified employees (in addition to any employee designated under paragraph (1)) as data security officers. (b) Comprehensive Privacy and Data Security Programs, Risk Assessments, and Compliance.--An employee who is designated by a covered entity as a privacy officer or a data security officer shall be responsible for, at a minimum-- (1) implementing a comprehensive written data privacy program and data security program to safeguard the privacy and security of covered data throughout the life cycle of development and operational practices of the covered entity's products or services; (2) annually conducting privacy and data security risk assessments, data hygiene, and other quality control practices; and (3) facilitating the covered entity's ongoing compliance with this Act. SEC. 203. SERVICE PROVIDERS AND THIRD PARTIES. (a) Service Providers.--A service provider-- (1) shall not process service provider data for any processing purpose other than one performed on behalf of, and at the direction of, the covered entity that transferred such data to the service provider, except that a service provider may process data to comply with a legal obligation or the establishment, exercise, or defense of legal claims; (2) shall not transfer service provider data to a third party without the affirmative express consent, obtained by, or on behalf of, the covered entity, of the individual to whom the service provider data is linked or reasonably linkable; (3) shall delete or de-identify service provider data after the agreed upon end of the provision of services; (4) is exempt from the requirements of sections 102(a), 103, 104, and 105(a) with respect to service provider data, but shall, to the extent practicable-- (A) assist the covered entity from which it received the service provider data in fulfilling requests made by individuals under such sections; and (B) shall delete, de-identify, or correct (as applicable), any service provider data that is subject to a verified request from an individual described in section 103 or 104; and (5) is exempt from the requirements of section 106 with respect to service provider data, but shall have the same responsibilities and obligations as a covered entity with respect to such data under all other provisions of this Act. (b) Third Parties.--A third party-- (1) shall not process third party data for a purpose that is inconsistent with the expectations of a reasonable individual; (2) may reasonably rely on representations made by the covered entity that transferred third party data regarding the expectation of a reasonable individual, provided the third party conducts reasonable due diligence on the representations of the covered entity and finds those representations to be credible; and (3) upon receipt of any third party data, is exempt from the requirements of section 105(c) with respect to such data, but shall have the same responsibilities and obligations as a covered entity with respect to such data under all other provisions of this Act. (c) Additional Obligations on Covered Entities.-- (1) In general.--A covered entity shall-- (A) exercise reasonable due diligence in selecting a service provider and conduct reasonable oversight of its service providers to ensure compliance with the applicable requirements of this section; and (B) exercise reasonable due diligence in deciding to transfer covered data to a third party, and conduct oversight of third parties to which it transfers data to ensure compliance with the applicable requirements of this subsection. (2) Guidance.--Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance for covered entities regarding compliance with this subsection. (d) In General.--The Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations necessary to carry out the provisions of this section. SEC. 204. WHISTLEBLOWER PROTECTIONS. (a) In General.--A covered entity shall not, directly or indirectly, discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual of the covered entity because-- (1) the covered individual, or anyone perceived as assisting the covered individual, takes (or the covered entity suspects that the covered individual has taken or will take) a lawful action in providing to the Federal Government or the attorney general of a State information relating to any act or omission that the covered individual reasonably believes to be a violation of this Act or any regulation promulgated under this Act; (2) the covered individual provides information that the covered individual reasonably believes evidences such a violation to-- (A) a person with supervisory authority over the covered individual at the covered entity; or (B) another individual working for the covered entity who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; (3) the covered individual testifies (or the covered entity expects that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; or (4) the covered individual assists or participates (or the covered entity expects that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding, or the covered individual takes any other action to assist in carrying out the purposes of this Act. (b) Enforcement.--An individual who alleges discharge or other discrimination in violation of subsection (a) may bring an action governed by the rules, procedures, statute of limitations, and legal burdens of proof in section 42121(b) of title 49, United States Code. If the individual has not received a decision within 180 days and there is no showing that such delay is due to the bad faith of the claimant, the individual may bring an action for a jury trial, governed by the burden of proof in section 42121(b) of title 49, United States Code, in the appropriate district court of the United States for the following relief: (1) Temporary relief while the case is pending. (2) Reinstatement with the same seniority status that the individual would have had, but for the discharge or discrimination. (3) Three times the amount of back pay otherwise owed to the individual, with interest. (4) Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys' fees. (c) Waiver of Rights and Remedies.--The rights and remedies provided for in this section shall not be waived by any policy form or condition of employment, including by a predispute arbitration agreement. (d) Predispute Arbitration Agreements.--No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. (e) Covered Individual Defined.--In this section, the term ``covered individual'' means an applicant, current or former employee, contractor, subcontractor, grantee, or agent of an employer. SEC. 205. DIGITAL CONTENT FORGERIES. (a) Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the National Institute of Standards and Technology shall publish a report regarding digital content forgeries. (b) Requirements.--Each report under subsection (a) shall include the following: (1) A definition of digital content forgeries along with accompanying explanatory materials. The definition developed pursuant to this section shall not supersede any other provision of law or be construed to limit the authority of any executive agency related to digital content forgeries. (2) A description of the common sources in the United States of digital content forgeries and commercial sources of digital content forgery technologies. (3) An assessment of the uses, applications, and harms of digital content forgeries. (4) An analysis of the methods and standards available to identify digital content forgeries as well as a description of the commercial technological counter-measures that are, or could be, used to address concerns with digital content forgeries, which may include the provision of warnings to viewers of suspect content. (5) A description of the types of digital content forgeries, including those used to commit fraud, cause harm or violate any provision of law. (6) Any other information determined appropriate by the Director. TITLE III--MISCELLANEOUS SEC. 301. ENFORCEMENT, CIVIL PENALTIES, AND APPLICABILITY. (a) Enforcement by the Federal Trade Commission.-- (1) New bureau.-- (A) In general.--The Commission shall establish a new Bureau within the Commission comparable in structure, size, organization, and authority to the existing Bureaus with the Commission related to consumer protection and competition. (B) Mission.--The mission of the Bureau established under this paragraph shall be to assist the Commission in exercising the Commission's authority under this Act and under other Federal laws addressing privacy, data security, and related issues. (C) Timeline.--Such Bureau shall be established, staffed, and fully operational within 2 years of enactment of this Act. (2) Treatment as violation of rule.--A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (3) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), the Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Independent litigation authority.--The Commission may commence, defend, or intervene in, and supervise the litigation of any civil action under this subsection (including an action to collect a civil penalty) and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. The Commission shall notify the Attorney General of any such action and may consult with the Attorney General with respect to any such action or request the Attorney General on behalf of the Commission to commence, defend, or intervene in any such action. (4) Data privacy and security relief fund.-- (A) Establishment of relief fund.--There is established in the Treasury of the United States a separate fund to be known as the ``Data Privacy and Security Relief Fund'' (referred to in this paragraph as the ``Relief Fund''). (B) Deposits.-- (i) Deposits from the commission.--The Commission shall deposit into the Relief Fund the amount of any civil penalty obtained against any covered entity in any judicial or administrative action the Commission commences to enforce this Act or a regulation promulgated under this Act. (ii) Deposits from the attorney general.-- The Attorney General of the United States shall deposit into the Relief Fund the amount of any civil penalty obtained against any covered entity in any judicial or administrative action the Attorney General commences on behalf of the Commission to enforce this Act or a regulation promulgated under this Act. (C) Use of fund amounts.--Notwithstanding section 3302 of title 31, United States Code, amounts in the Relief Fund shall be available to the Commission, without fiscal year limitation, to provide redress, payments or compensation, or other monetary relief to individuals affected by an act or practice for which civil penalties have been obtained under this Act. To the extent that individuals cannot be located or such redress, payments or compensation, or other monetary relief are otherwise not practicable, the Commission may use such funds for the purpose of consumer or business education relating to data privacy and security or for the purpose of engaging in technological research that the Commission considers necessary to enforce this Act. (D) Amounts not subject to apportionment.-- Notwithstanding any other provision of law, amounts in the Relief Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. (b) Enforcement by State Attorneys General.-- (1) Civil action.--In any case in which the attorney general of a State or a consumer protection officer of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by the engagement of any covered entity in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State, or a consumer protection officer of the State acting on behalf of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to-- (A) enjoin that act or practice; (B) enforce compliance with this Act or the regulation; (C) obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice to the commission and rights of the commission.--Except where not feasible, the State shall notify the Commission in writing prior to initiating a civil action under paragraph (1). Such notice shall include a copy of the complaint to be filed to initiate such action. If prior notice is not practicable, the State shall provide a copy of the complaint to the Commission immediately upon instituting the action. Upon receiving such notice, the Commission may intervene in such action and, upon intervening-- (A) be heard on all matters arising in such action; and (B) file petitions for appeal of a decision in such action. (3) Preservation of state powers.--No provision of this section shall be construed as altering, limiting, or affecting the authority of a State attorney general or a consumer protection officer of a State to-- (A) bring an action or other regulatory proceeding arising solely under the law in effect in that State; or (B) exercise the powers conferred on the attorney general or on a consumer protection officer of a State by the laws of the State, including the ability to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (c) Enforcement by Individuals.-- (1) In general.--Any individual alleging a violation of this Act or a regulation promulgated under this Act may bring a civil action in any court of competent jurisdiction, State or Federal. (2) Relief.--In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award-- (A) an amount not less than $100 and not greater than $1,000 per violation per day or actual damages, whichever is greater; (B) punitive damages; (C) reasonable attorney's fees and litigation costs; and (D) any other relief, including equitable or declaratory relief, that the court determines appropriate. (3) Injury in fact.--A violation of this Act or a regulation promulgated under this Act with respect to the covered data of an individual constitutes a concrete and particularized injury in fact to that individual. (d) Invalidity of Pre-Dispute Arbitration Agreements and Pre- Dispute Joint Action Waivers.-- (1) In general.--Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with respect to a privacy or data security dispute arising under this Act. (2) Applicability.--Any determination as to whether or how this subsection applies to any privacy or data security dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (3) Definitions.--For purposes of this subsection: (A) The term ``pre-dispute arbitration agreement'' means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. (B) The term ``pre-dispute joint-action waiver'' means an agreement, whether or not part of a pre- dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. (C) The term ``privacy or data security dispute'' means any claim relating to an alleged violation of this Act, or a regulation promulgated under this Act, and between an individual and a covered entity. SEC. 302. RELATIONSHIP TO FEDERAL AND STATE LAWS. (a) Federal Law Preservation.--Nothing in this Act or a regulation promulgated under this Act shall be construed to limit-- (1) the authority of the Commission, or any other Executive agency, under any other provision of law; or (2) any other provision of Federal law unless as specifically authorized by this Act. (b) State Law Preservation.--Nothing in this Act shall be construed to preempt, displace, or supplant the following State laws, rules, regulations, or requirements: (1) Consumer protection laws of general applicability such as laws regulating deceptive, unfair, or unconscionable practices. (2) Civil rights laws. (3) Laws that govern the privacy rights or other protections of employees, employee information, or students or student information. (4) Laws that address notification requirements in the event of a data breach. (5) Contract or tort law. (6) Criminal laws governing fraud, theft, unauthorized access to information or unauthorized use of information, malicious behavior, and similar provisions, and laws of criminal procedure. (7) Laws specifying remedies or a cause of action to individuals. (8) Public safety or sector specific laws unrelated to privacy or security. (c) Preemption of Directly Conflicting State Laws.--Except as provided in subsections (b) and (d), this Act shall supersede any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. (d) Preservation of Common Law or Statutory Causes of Action for Civil Relief.--Nothing in this Act, nor any amendment, standard, rule, requirement, assessment, law or regulation promulgated under this Act, shall be construed to preempt, displace, or supplant any Federal or State common law rights or remedies, or any statute creating a remedy for civil relief, including any cause of action for personal injury, wrongful death, property damage, or other financial, physical, reputational, or psychological injury based in negligence, strict liability, products liability, failure to warn, an objectively offensive intrusion into the private affairs or concerns of the individual, or any other legal theory of liability under any Federal or State common law, or any State statutory law. SEC. 303. SEVERABILITY. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. <all>

Consumer Online Privacy Rights Act

A bill to provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.

Consumer Online Privacy Rights Act

Sen. Cantwell, Maria

D

WA

H.R.6635

Animals

Wild Horse and Burro Protection Act of 2022 This bill prohibits the Bureau of Land Management (BLM) from using or contracting for the use of helicopters or fixed-wing aircraft for gathering horses and burros under the Wild Free-roaming Horses and Burros Act. Further, BLM may not make contracts to use helicopters for transporting captured animals under such act.

To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Horse and Burro Protection Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) As part of efforts to control equine populations under law, the Bureau of Land Management is directed to humanely capture wild free-roaming horses and burros for adoption. (2) The Bureau of Land Management contracts directly with private enterprises, including helicopter companies, to round up equines at rates between $500-$800 per animal. (3) The use of helicopters to chase equines over prolonged distances, usually on rough terrain, is particularly dangerous, and can frighten the animals and lead to deadly situations. (4) In January 2022, during the horse gathering at the Pancake Complex in central Nevada, a young colt was chased for miles by helicopter, ultimately gravely injuring itself, and necessitating the need for the animal to be shot and killed. (5) Since 2011, the Bureau of Land Management's top three helicopter contractors have collected over $36.8 million in taxpayer funding for their services, including over $5.3 million since 2021 alone. (6) Scientific research shows that more humane and cost- effective alternatives exist to control equine populations, including fertility controls. (7) Currently, the Bureau of Land Management's Wild Horse and Burro Program spends less than one percent of its budget on implementing fertility controls. (8) The elimination of helicopters from the Bureau of Land Management's gatherings would provide a more humane method of capturing equines, and provide significant savings to taxpayers. SEC. 3. AMENDMENTS TO THE WILD FREE-ROAMING HORSES AND BURROS ACT. Section 9 of the Act commonly known as the Wild Free-roaming Horses and Burros Act (Public Law 92-195; 16 U.S.C. 1338a) is amended-- (1) by striking ``In administering this Act'' and inserting ``(a) In General.--In administering this Act''; (2) by striking ``helicopters or, for the purpose of transporting captured animals, motor vehicles'' and inserting ``motor vehicles for the purpose of transporting captured animals''; (3) by striking ``fixed-wing aircraft, or helicopters, or to'' and inserting ``or''; and (4) by adding at the end the following: ``(b) Prohibition on Certain Uses of Aircraft.--In administering this Act, the Secretary may not use or contract for the use of helicopters or fixed-wing aircraft for the purposes of rounding up or gathering wild free-roaming horses and burros.''. SEC. 4. GAO REPORT. Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report that describes-- (1) humane alternatives to the use of helicopters and fixed-wing aircraft in managing wild free-roaming horse and burro populations; (2) job creation opportunities presented by the use of such humane alternatives; and (3) the effects of aircraft, including unmanned aircraft systems, on wild free-roaming horse and burro populations. <all>

Wild Horse and Burro Protection Act of 2022

To amend the Act commonly known as the Wild Free-roaming Horses and Burros Act to prohibit certain uses of aircraft with respect to the management of wild free-roaming horses and burros, and for other purposes.

Wild Horse and Burro Protection Act of 2022

Rep. Titus, Dina

D

NV

H.R.704

Commerce

Artistic Recognition for Talented Students Act or the ARTS Act This bill directs the Copyright Office to waive various copyright registration-related fees for works that win certain competitions sponsored by the Congressional Institute or established by Congress. To qualify for the fee waiver, the copyright registration application must be filed within a specified time frame, but the Copyright Office may waive fees for a qualifying work even if the application is filed outside the time frame.

To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Artistic Recognition for Talented Students Act'' or the ``ARTS Act''. SEC. 2. WAIVER OF FEES FOR WINNERS OF CERTAIN COMPETITIONS. Section 708 of title 17, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In this subsection, the term `covered competition' means-- ``(A) an art competition sponsored by the Congressional Institute that is open only to high school students; and ``(B) the competition described in section 3 of H. Res. 77, as adopted by the 113th Congress. ``(2) With respect to a work that wins a covered competition, the Register of Copyrights-- ``(A) shall waive the requirement under subsection (a)(1) with respect to an application for registration of a copyright claim for that work if that application is filed not later than the last day of the calendar year following the year in which the work claimed by the application wins the covered competition (referred to in this paragraph as the `covered year'); and ``(B) may waive the fee described in subparagraph (A) for an application filed after the end of the covered year if the fee would have been waived under that subparagraph had the application been submitted before the last day of the covered year.''. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 82 117th CONGRESS 1st Session H. R. 704 _______________________________________________________________________

ARTS Act

To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes.

ARTS Act Artistic Recognition for Talented Students Act ARTS Act Artistic Recognition for Talented Students Act ARTS Act Artistic Recognition for Talented Students Act

Rep. Jeffries, Hakeem S.

D

NY

H.R.3280

Commerce

Ending Forced Arbitration for Victims of Data Breaches Act of 2021 This bill prohibits an entity from requiring, as part of a customer agreement or other similar agreement, that an individual agree to submit to arbitration a dispute related to a security breach. With respect to this prohibition, the bill establishes a private right of action as well as provides for enforcement by the Federal Trade Commission and by states.

To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Forced Arbitration for Victims of Data Breaches Act of 2021''. SEC. 2. PROTECTION OF DATA SECURITY BREACH VICTIMS. An entity may not require, as part of a customer or other similar agreement, an individual to agree to submit any dispute related to a security breach, including any dispute related to identity theft, to arbitration. SEC. 3. APPLICABILITY. A provision of an agreement entered into prior to the date of the enactment of this Act, that violates section 2, is void. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. (c) Rules.--The Commission shall promulgate, under section 553 of title 5, United States Code, such rules as may be necessary to carry out the provisions of this Act. SEC. 5. ENFORCEMENT BY STATES. (a) In General.--If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates section 2, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (b) Rights of Federal Trade Commission.-- (1) Notice to federal trade commission.-- (A) In general.--Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. (B) Contents.--The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (C) Exception.--If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (2) Intervention by federal trade commission.--The Commission may-- (A) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (B) upon intervening-- (i) be heard on all matters arising in the civil action; and (ii) file petitions for appeal of a decision in the civil action. (c) Investigatory Powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (d) Preemptive Action by Federal Trade Commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under paragraph (1) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process.--In an action brought under paragraph (1), process may be served in any district in which-- (A) the defendant is an inhabitant, may be found, or transacts business; or (B) venue is proper under section 1391 of title 28, United States Code. SEC. 6. PRIVATE RIGHT OF ACTION. (a) In General.--An individual who is injured by a violation of section 2 may bring a private right of action in any court of appropriate jurisdiction for rescission and restitution, as well as for all damages and may be awarded injunctive relief against a violation of such section. The individual shall also be entitled to recover its costs of litigation and reasonable attorney's fees and expert witness fees, against any entity or person found to be liable for such violation. (b) Liability.--Every person who directly or indirectly controls a person liable under subsection (a), every partner in a firm so liable, every principal executive officer or director of a corporation so liable, every person occupying a similar status or performing similar functions and every employee of a person so liable who materially aids in the act or transaction constituting the violation is also liable jointly and severally with and to the same extent as such person, unless the person who would otherwise be liable hereunder had no knowledge of or reasonable grounds to know of the existence of the facts by reason of which the liability is alleged to exist. (c) Statute of Limitations.--No action may be commenced pursuant to this section more than the later of-- (1) 2 years after the date on which the violation occurs; or (2) 2 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. (d) Venue.--An action under this section may be brought in-- (1) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (2) another court of competent jurisdiction. (e) Cumulative Right.--The private rights provided for in this section are in addition to and not in lieu of other rights or remedies created by Federal or State law. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``security breach''-- (A) means a compromise of the security, confidentiality, or integrity of, or the loss of, computerized data that results in, or there is a reasonable basis to conclude has resulted in-- (i) the unauthorized acquisition of sensitive personally identifiable information; or (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization; (B) does not include any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an element of the intelligence community; and (2) the term ``sensitive personally identifiable information'' means any information or compilation of information, in electronic or digital form that includes one or more of the following: (A) An individual's first and last name or first initial and last name in combination with any two of the following data elements: (i) Home address or telephone number. (ii) Mother's maiden name. (iii) Month, day, and year of birth. (B) A Social Security number (but not including only the last four digits of a Social Security number), driver's license number, passport number, or alien registration number or other Government-issued unique identification number. (C) Unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation. (D) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (E) A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account. (F) Any combination of the following data elements: (i) An individual's first and last name or first initial and last name. (ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (iii) Any security code, access code, or password, or source code that could be used to generate such codes or passwords. <all>

Ending Forced Arbitration for Victims of Data Breaches Act of 2021

To prohibit entities from requiring individuals to submit to arbitration for disputes arising from a security breach, and for other purposes.

Ending Forced Arbitration for Victims of Data Breaches Act of 2021

Rep. Lieu, Ted

D

CA

S.1142

International Affairs

Rohingya Genocide Determination Act of 2021 This bill requires the Department of State to report to Congress an assessment of the persecution of the Rohingya, a predominantly Muslim group in Burma (Myanmar), by Burma's military and security forces, and whether the situation constitutes genocide under U.S. law. The report shall also contain (1) a description of U.S. government actions to ensure that those responsible are held accountable, and (2) recommendations on further actions to take to ensure accountability and to prevent further mass atrocity crimes in Burma.

To require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rohingya Genocide Determination Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since August 25, 2017, 740,000 Rohingya have fled northern Rakhine State to neighboring Bangladesh to escape a systematic campaign of atrocities by Burma's military and security forces, and over three years later, conditions are still not conducive to the safe, voluntary, and dignified return of the Rohingya to Burma. (2) On November 23, 2017, the United States Holocaust Museum and Fortify Rights released a report entitled ``They Tried to Kill Us All'', documenting widespread and systematic atrocities committed against Rohingya civilians at the hands of Burmese ``security forces, civilian perpetrators, and militants'' and highlighting ``growing evidence of genocide''. (3) According to the Department of State's August 24, 2018, report entitled ``Documentation of Atrocities in Northern Rakhine State'', violence committed by the Burmese military against the Rohingya, including from August to October 2017, was not only ``extreme, large-scale, widespread, and seemingly geared toward both terrorizing the population and driving out the Rohingya residents,'' but also ``well-planned and coordinated''. (4) On August 28, 2018, the United States Ambassador to the United Nations told the United Nations Security Council that the Department of State report's findings were ``consistent with'' those in an August 27, 2018, report by the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which urged that top Burmese military officials be investigated and prosecuted for genocide. (5) On September 12, 2018, the IIFFMM reported, ``The crimes in Rakhine State, and the manner in which they were perpetrated, are similar in nature, gravity and scope to those that have allowed genocidal intent to be established in other contexts.''. (6) The Public International Law & Policy Group (PILPG), whose investigation informed the Department of State's August 2018 report, published in December 2018 its Factual Findings & Legal Analysis Report, which concluded that ``there are reasonable grounds to believe that genocide was committed against the Rohingya in Myanmar's northern Rakhine State''. (7) According to the PILPG report, ``The scale and severity of the attacks and abuses--particularly the mass killings and accompanying brutality against children, women, pregnant women, the elderly, religious leaders, and persons fleeing into Bangladesh--suggest that, in the minds of the perpetrators, the goal was not just to expel, but also to exterminate the Rohingya.''. (8) On September 16, 2019, the IIFFMM reported that it ``has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State, identified in its last report, has strengthened that there is a serious risk that genocidal actions may occur or recur''. (9) The IIFFMM also recognized in its September 16, 2019, report that Burma's military and security forces have committed abuses against minority groups other than the Rohingya: ``All the ethnic minority communities that the Mission investigated,'' including ethnic groups in Rakhine, Chin, Kayin, Kachin, and Shan States, ``have been deprived of justice for the serious human rights violations perpetrated against them.''. (10) Secretary of State Antony Blinken committed at his nomination hearing before the Committee on Foreign Relations of the Senate on January 19, 2021, and in subsequent written responses to questions for the record, that he will oversee an interagency review of whether the atrocities committed against the Rohingya in Burma constitute genocide. (11) The Burmese military's February 1, 2021, coup against the democratically elected government in Burma further underscores the importance of the United States speaking out forcefully against human rights violations when they occur, sending a clear signal to governments and other nongovernmental actors around the world that those responsible for such gross abuses of human rights will always be held accountable. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the atrocities committed against the Rohingya by the Burmese military and security forces constitute genocide. SEC. 4. EVALUATION OF ATTACKS AGAINST ROHINGYA IN BURMA. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, after consultation with the heads of other United States Government agencies represented on the Atrocity Early Warning Task Force and representatives of human rights and civil society organizations, as appropriate, shall submit to the appropriate congressional committees a report on the persecution of, including attacks against, the Rohingya in Burma by Burmese military and security forces that determines whether the crimes committed constitute genocide (as defined in section 1091 of title 18, United States Code), and includes-- (1) a description and assessment of what actions the United States Government has undertaken to ensure accountability for war crimes, crimes against humanity, and genocide perpetrated by the Burmese military and security forces against the Rohingya; (2) a detailed description of any proposed atrocities prevention response recommended by the Atrocity Early Warning Task Force to prevent further perpetration of mass atrocity crimes by Burmese military and security forces against the Rohingya people and other civilians in Burma; and (3) recommendations on what actions the United States Government will take to hold those responsible for these atrocities accountable, including through international justice mechanisms. (b) Form.--The evaluation required under subsection (a) shall be submitted in unclassified form and posted to the Department of State website, but may include a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. <all>

Rohingya Genocide Determination Act of 2021

A bill to require a determination as to whether crimes committed against the Rohingya in Burma amount to genocide.

Rohingya Genocide Determination Act of 2021

Sen. Markey, Edward J.

D

MA

S.3686

Health

Anna Westin Legacy Act This bill requires the Substance Abuse and Mental Health Services Administration to maintain the National Center of Excellence for Eating Disorders (NCEED). The bill specifies required activities for NCEED, including providing training for frontline health care providers and other professionals.

To amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anna Westin Legacy Act''. SEC. 2. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION AND TRAINING ON EATING DISORDERS. ``(a) In General.--The Secretary, acting through the Assistant Secretary, shall maintain, directly or by grant or contract, the Center of Excellence for Eating Disorders (referred to in this section as the `Center') to improve the identification of, interventions for, and treatment of eating disorders in a manner that is culturally and linguistically appropriate. ``(b) Activities.--The Center operated pursuant to subsection (a)-- ``(1) shall-- ``(A) provide training and technical assistance for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) in carrying out subparagraph (A), develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for children and marginalized populations experiencing, or at risk for, eating disorders; ``(C) provide technical assistance to other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration or the Health Resources and Services Administration on eating disorder identification, intervention, and referral for treatment; and ``(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration to disseminate training to frontline health care providers and frontline community professionals; and ``(2) may-- ``(A) coordinate with electronic health record systems for the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; ``(B) develop adaptive training models for frontline health care providers and frontline community professionals to carry out screening, brief intervention, and referral to treatment for Members of the Armed Forces and veterans experiencing, or at risk for, eating disorders; and ``(C) consult with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders. ``(c) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2023 through 2027.''. <all>

Anna Westin Legacy Act

A bill to amend the Public Health Service Act to provide education and training on eating disorders for health care providers and communities, and for other purposes.

Anna Westin Legacy Act

Sen. Klobuchar, Amy

D

MN

S.4378

Health

Hatch-Waxman Improvement Act of 2022 This bill extends through FY2026 provisions that establish a period of market exclusivity for certain new drugs with single enantiomers (i.e., one of a pair of molecules that are mirror images of one another).

To reauthorize a provision of the Federal Food, Drug, and Cosmetic Act pertaining to drugs containing single enantiomers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hatch-Waxman Improvement Act of 2022''. SEC. 2. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS CONTAINING SINGLE ENANTIOMERS. Section 505(u) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(u)) is amended-- (1) in paragraph (1)(A)(ii)(II), by adding ``(other than bioavailability studies)'' after ``any clinical investigations''; and (2) in paragraph (4), by striking ``October 1, 2022'' and inserting ``October 1, 2027''. <all>

Hatch-Waxman Improvement Act of 2022

A bill to reauthorize a provision of the Federal Food, Drug, and Cosmetic Act pertaining to drugs containing single enantiomers.

Hatch-Waxman Improvement Act of 2022

Sen. Marshall, Roger

R

KS

H.R.2029

Immigration

American Dream Employment Act of 2021 This bill establishes that, for the purposes of eligibility to be an officer or employee of an office of Congress, an individual shall be treated as a U.S. citizen if that individual has (1) employment authorization under the Deferred Action for Childhood Arrivals program, (2) employment authorization under a grant of deferred enforced departure, or (3) temporary protected status. (Generally, these programs and statuses allow eligible aliens to remain and work in the United States.)

To provide that individuals who are beneficiaries of deferred action, deferred enforced departure, or temporary protected status shall be treated in the same manner as citizens of the United States for purposes of determining the eligibility of such individuals to serve as officers or employees of Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Employment Act of 2021''. SEC. 2. ELIGIBILITY OF BENEFICIARIES OF DEFERRED ACTION OR TEMPORARY PROTECTED STATUS FOR EMPLOYMENT IN CONGRESS. (a) Treatment in Same Manner as Citizens of United States.--For purposes of determining the eligibility of an individual described in subsection (b) to serve as an officer or employee of an office of Congress, the individual shall be treated in the same manner as an individual who is a citizen of the United States. (b) Individuals Described.--An individual described in this subsection is an individual-- (1) who 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; (2) whose employment is authorized pursuant to a grant of deferred enforced departure; or (3) who has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S. 1254a). (c) Effective Date.--This section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. <all>

American Dream Employment Act of 2021

To provide that individuals who are beneficiaries of deferred action, deferred enforced departure, or temporary protected status shall be treated in the same manner as citizens of the United States for purposes of determining the eligibility of such individuals to serve as officers or employees of Congress.

American Dream Employment Act of 2021

Rep. Kirkpatrick, Ann

D

AZ

H.R.9615

Sports and Recreation

Fair Play for Women Act This bill addresses issues concerning sex discrimination in sports. For example, the bill prohibits intercollegiate athletic associations from engaging in certain acts of sex discrimination, including discrimination through (1) the rules it sets for intercollegiate athletics; (2) the facilities, amenities, and goods or services provided for competitions; or (3) the distribution of revenues or other benefits. The bill also requires institutions of higher education to periodically report to the Department of Education certain data related to men's and women's sports programs.

To prohibit certain discrimination against athletes on the basis of sex by intercollegiate athletic associations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Play for Women Act''. SEC. 2. FINDINGS. Congress finds the following: (1) 50 years ago, Congress passed title IX of the Education Amendments of 1972 (referred to in this section as ``title IX''), helping to transform participation in and support for women's sports by barring discrimination on the basis of sex in all schools that receive Federal funding, including in their athletic programs. (2) Since the passage of title IX, millions more women and girls have had the opportunity to compete in interscholastic athletics. At the high school level, athletic participation opportunities have increased from nearly 300,000 in 1972 to more than 3,400,000 in 2019. At the collegiate level, opportunities have increased from nearly 30,000 in 1972 to 215,000 in 2020 on teams sponsored by institutions who are members of the National Collegiate Athletic Association (referred to in this section as the ``NCAA''). (3) Despite progress, women and girls still face unequal opportunities. At the high school level, girls have over 1,000,000 fewer athletic opportunities than boys, with schools providing girls with 43 percent of all athletic opportunities while girls represent nearly half of all students. At the collegiate level, colleges would need to provide women with an additional 148,000 sports opportunities to match the same ratio of sports opportunities per student as is offered to men. (4) Girls of color are often most impacted by inequitable opportunities. At high schools predominantly attended by White students, girls have 82 percent of the opportunities that boys have to play sports, while at high schools predominantly attended by students of color, girls have only 67 percent of the opportunities that boys have to play sports. (5) The magnitude of current gaps in intercollegiate participation opportunities is likely undercounted, as investigations of intercollegiate athletics data have found that the majority of NCAA member institutions inflate the number of women participating in sports by double- and triple- counting women athletes who participate in more than one sport more often than the institutions double- and triple-count their male counterparts, counting male practice players on women's teams as women athletes, and packing women's teams with extra players who never end up competing. (6) Women and girls in sports also face unequal treatment. They are frequently provided worse facilities, equipment, and uniforms than men and boys, and they receive less financial support and publicity from their schools, as women receive $240,000,000 less than men in athletic-based scholarships annually. For every dollar colleges spend on recruiting, travel, and equipment for men's sports, they spend 58 cents, 62 cents, and 73 cents, respectively, for women's sports. (7) Amid ongoing inequitable treatment, athletes and athletics-related staff too often are unaware of the rights and obligations that are described in or come from title IX. In surveys of children and their parents, the majority report not knowing what title IX is. A study conducted by the Government Accountability Office in 2017 found that the majority of high school athletic administrators were unaware of who their title IX coordinator was or felt unsupported by their title IX coordinator. In collegiate sports, the majority of coaches report that they never received formal training about title IX as part of the preparation for their jobs. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) address inequitable and discriminatory treatment of women and girls in sports in elementary and secondary schools, as well as institutions of higher education; and (2) improve the collection and transparency of data pertaining to participation in and support for women's and girls' sports at schools receiving Federal financial assistance. SEC. 4. DISCRIMINATION BY INTERCOLLEGIATE ATHLETIC ASSOCIATIONS. (a) In General.--No intercollegiate athletic association shall, on the basis of sex, subject any athlete to discrimination with respect to intercollegiate athletics, including discrimination through-- (1) the rules it sets for intercollegiate athletics; (2) the sports required for association membership or the sports sponsored for association competitions or supported with association championships; (3) the location, facilities, or amenities provided for association competitions or championships; (4) the provision or arrangement for the provision of goods or services (including benefits) for association competitions or championships; or (5) the distribution of revenues or other benefits to association members or institutions under the authority of the association. (b) Private Right of Action.--A covered institution of higher education that is a member of or under the authority of an intercollegiate athletic association, or an individual who applies to participate, participates, or previously participated in intercollegiate athletics, at a covered institution of higher education that is a member of or under the authority of an intercollegiate athletic association, may bring an action in any Federal or State court of competent jurisdiction against the intercollegiate athletic association to remedy a violation of this section. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering. (c) Training.--Each intercollegiate athletic association shall ensure that each employee of the association receives, at least once per year, training on the provisions of this section, including the rights delineated under this section and the procedures for bringing actions under this section. (d) Definitions.--In this section: (1) Covered institution of higher education.--The term ``covered institution of higher education'' means an entity described in section 908(2)(A) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(A)). (2) Intercollegiate athletic association.--The term ``intercollegiate athletic association'' means any conference, association, or other group or organization, established by or comprised of 2 or more covered institutions of higher education, that-- (A) governs competitions among, or otherwise exercises authority over intercollegiate athletics at, such institutions of higher education who are members of or under the authority of the intercollegiate athletic association; and (B) is engaged in commerce or an industry or activity affecting commerce. SEC. 5. EXPANDING EQUITY IN ATHLETICS DISCLOSURE REQUIREMENTS. (a) Institutions of Higher Education.--Section 485(g) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking clause (i) and inserting the following: ``(i) The total number of participants, by team.''; (B) in subparagraph (C)-- (i) by striking ``The total amount'' and inserting the following: ``(i) The total amount''; and (ii) by adding at the end the following: ``(ii) For each men's and women's sport-- ``(I) the total amount of athletically related student aid; ``(II) the total number of athletically related scholarships, and the average amount of such scholarships; ``(III) the total number of athletically related scholarships that fund the full cost of tuition at the institution; ``(IV) the total number of athletically related scholarships that fund the full cost of attendance for the athlete; ``(V) the total number of athletically related scholarships awarded for a period equal to or less than one year; and ``(VI) the total number of athletically related scholarships awarded for a period equal to or greater than 4 academic years.''; (C) in subparagraph (E), by inserting ``and disaggregated by each men's sport and each women's sport'' before the period at the end; (D) in subparagraph (G), by inserting ``(which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations)'' before ``of the head coaches of men's teams''; (E) in subparagraph (H), by inserting ``(which, for purposes of this subparagraph, includes compensation, bonuses, benefits, and buyouts paid to coaches and reportable by the institution or related entities, including booster clubs and foundations)'' before ``assistant coaches of men's teams''; (F) in subparagraph (I)-- (i) by striking clause (i) and inserting the following: ``(i) The revenues from the institution's intercollegiate athletics activities, in the aggregate and disaggregated by each men's sport and each women's sport, including-- ``(I) total revenues; and ``(II) each category of revenues described in clause (ii).''; and (ii) in clause (ii), by striking ``, and advertising, but revenues'' and all that follows through the period at the end and inserting ``, advertising, and, to the extent practicable, student activities fees and alumni contributions.''; (G) by striking clause (i) of subparagraph (J) and inserting the following: ``(i) The expenses made by the institution for the institution's intercollegiate athletics activities, in the aggregate and disaggregated by each men's sport and each women's sport, including-- ``(I) total expenses; and ``(II) each category of expenses as described in clause (ii).''; and (H) by adding at the end the following: ``(K) The numbers of participants who participate in 1, 2, or 3 intercollegiate sports at the institution, in the aggregate and disaggregated by each men's sport and each women's sport. ``(L) The total number of male players that practice on women's teams, in the aggregate and disaggregated by each women's sport. ``(M) Information regarding race and ethnicity for athletes and coaches (including assistant coaches), in the aggregate and disaggregated by each men's sport and each women's sport. ``(N) A certification that the institution has verified the information submitted in the report under this paragraph. ``(O) With respect to the sports participation opportunities requirements under title IX of the Education Amendments of 1972-- ``(i) a certification that the institution complies with such requirements by showing-- ``(I) substantial proportionality; ``(II) a history and continuing practice of expanding sports participation opportunities; or ``(III) full and effective accommodation of athletics interests; and ``(ii) an identification of the method of compliance described in subclauses (I) through (III) of clause (i) that the institution uses.''; (2) in paragraph (2), by striking ``For the purposes of paragraph (1)(G)'' and inserting ``For the purposes of subparagraphs (G) and (H) of paragraph (1)''; (3) by striking paragraph (4) and inserting the following: ``(4) Submission; report; information availability.-- ``(A) Institutional requirements.--Each institution of higher education described in paragraph (1) shall-- ``(i) by October 15 of each year, provide the information contained in the report required under such paragraph for such year to the Secretary; and ``(ii) by not later than February 15 of each year, publish such information on a public Internet website of the institution in a searchable format. ``(B) Public availability.--By not later than February 15 of each year, the Secretary shall make the reports and information described in subparagraph (A) for the immediately preceding academic year available to the public, which shall include posting the reports and information on a public Internet website of the Department in a searchable format.''; (4) by redesignating paragraph (5) as paragraph (6); (5) by inserting after paragraph (4) the following: ``(5) Reports by the secretary.-- ``(A) In general.--By not later than 2 years after the date of enactment of the Fair Play for Women Act, and every 2 years thereafter, the Secretary shall prepare and publish a report on gender equity using the information submitted under this subsection. ``(B) Contents.--The report required under subparagraph (A) shall, in the aggregate for all institutions of higher education described in paragraph (1) and disaggregated by each individual institution-- ``(i) identify participant gaps, if any, by indicating the number of participants that need to be added in order for participants of the underrepresented sex at the institution to match the proportion of enrolled full-time undergraduate students of the underrepresented sex at the institution; ``(ii) identify funding gaps, if any, by showing the percentage differences, compared to proportions of male and female enrollment at the institution, in expenditures for athletically related student aid, recruiting, promotion, and publicity in intercollegiate athletics; and ``(iii) identify any trends evident in such data that address relevant inequities in intercollegiate athletics participation and financial support.''; and (6) in paragraph (6), as redesignated by paragraph (4)-- (A) by striking ``Definition.--For the purposes of this subsection, the term'' and inserting the following: ``Definitions.--For purposes of this subsection: ``(A) Operating expenses.--The term''; and (B) by adding at the end the following: ``(B) Participant.--The term `participant' means an athlete in a sport who-- ``(i)(I) is receiving the institutionally sponsored support normally provided to athletes competing at the institution involved on a regular basis during the sport's season; ``(II) is participating in organized practice sessions and other team meetings and activities on a regular basis during the sport's season; and ``(III) is listed on the eligibility or squad list maintained for the sport; or ``(ii) due to injury, does not meet the requirements of clause (i) but continues to receive financial aid on the basis of athletic ability in the sport. ``(C) Season.--The term `season', when used with respect to a team sport, means the period beginning on the date of a team's first intercollegiate competitive event in an academic year and ending on the date of the team's final intercollegiate competitive event in such academic year.''. (b) Elementary School and Secondary School Athletic Programs.-- (1) In general.--Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 8549D. DISCLOSURE OF STATISTICS ON EQUALITY IN ELEMENTARY AND SECONDARY EDUCATION ATHLETIC PROGRAMS. ``(a) Definition of Participant.-- ``(1) In general.--In this section, the term `participant' means an athlete in a sport who participates in the sport in interscholastic competitive events, organized practice sessions, and other team meetings and activities on a regular basis during the sport's season. ``(2) Definition of season.--For purposes of paragraph (1), the term `season', when used with respect to a team sport, means the period beginning on the date of a team's first interscholastic athletic competition in an academic year and ending on the date of the team's final interscholastic athletic competition in such academic year. ``(b) In General.--The Secretary shall collect annually, from each coeducational elementary school and secondary school that receives Federal financial assistance and has an interscholastic athletic program, a report that includes the following information for the immediately preceding academic year: ``(1) The total number of male and female students that attended the school, fully disaggregated and cross-tabulated by sex and race or ethnicity. ``(2) A listing of the school's teams that competed in athletic competition and for each such team the following data: ``(A) The season in which the team competed. ``(B) The total number of male and female participants, fully disaggregated and cross-tabulated by sex and race or ethnicity and level of competition. ``(C) The total expenditures for the team from all sources, including school funds and funds provided by any other entities, such as booster organizations, including the following data: ``(i) The travel expenditures. ``(ii) The equipment expenditures (including any equipment replacement schedule). ``(iii) The uniform expenditures (including any uniform replacement schedule). ``(iv) The expenditures for facilities, including medical facilities, locker rooms, fields, and gymnasiums. ``(v) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such individual's-- ``(I) sex; and ``(II) employment status (including whether such individual is assigned to the team full-time or part-time, and whether such individual is a head or assistant trainer or medical services provider) and duties other than providing training or medical services. ``(vi) The expenditures for publicity for competitions. ``(vii) The total salary expenditures for coaches, including compensation, benefits, and bonuses, the total number of coaches, and for each coach an identification of such coach's-- ``(I) sex; and ``(II) employment status (including whether such coach is assigned to the team full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching. ``(D) The total number of competitive events (in regular and nontraditional seasons) scheduled, and for each an indication of what day of the week and time the competitive event was scheduled. ``(E) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(c) Disclosure to Students and Public.--A school described in subsection (b) shall-- ``(1) by October 15 of each year, make available to students, potential students, and parents of students and potential students, upon request, and to the public, the report and information required of the school under such subsection for such year; and ``(2) ensure that all students and parents at the school are informed of their right to request such report and information. ``(d) Submission; Information Availability.--On an annual basis, each school described in subsection (b) shall provide the report required under such subsection, and the information contained in such report, to the Secretary not later than 15 days after the date that the school makes such report and information available under subsection (c). ``(e) Duties of the Secretary.--The Secretary shall-- ``(1) ensure that reports and information submitted under subsection (d) are available on the same public website, and searchable in the same manner, as the reports and information made available under section 485(g)(4)(B) of the Higher Education Act of 1965; and ``(2) not later than 180 days after the date of enactment of the Fair Play for Women Act-- ``(A) notify all elementary schools and secondary schools in all States regarding the availability of the reports and information under subsection (c); and ``(B) issue guidance to all such schools on how to collect and report the information required under this section.''. (2) Conforming amendment.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following: ``Sec. 8549D. Disclosure of statistics on equality in elementary and secondary education athletic programs.''. SEC. 6. ADMINISTRATIVE ENFORCEMENT THROUGH CIVIL PENALTIES. Section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) is amended-- (1) by inserting ``(a)'' before ``Each Federal''; and (2) by adding at the end the following: ``(b)(1) The Secretary of Education shall determine, at the beginning of each year, each covered institution of higher education that was found during the prior year to be in noncompliance with a requirement of this title as part of an administrative proceeding under subsection (a). ``(2) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during the prior year, the Secretary may impose a civil penalty on the institution. ``(3) If the Secretary determines under paragraph (1) that a covered institution of higher education was in such noncompliance during 2 or more of the prior 5 years, the Secretary shall-- ``(A) require the institution to submit, not later than 120 days after receiving notice of the determination, a plan for coming into compliance with all requirements of this title; and ``(B) make the report publicly available.''. SEC. 7. PRIVATE RIGHT OF ACTION. Section 903 of the Education Amendments of 1972 (20 U.S.C. 1683) is amended-- (1) by inserting ``(a)'' before ``Any department''; and (2) by adding at the end the following: ``(b) Right of Action.--An individual who applies to participate, participates, or previously participated in an education program or activity covered under this title, offered by a covered institution of higher education, may bring an action in any Federal or State court of competent jurisdiction against the institution, alleging a violation of this title. The court may award such legal or equitable relief as may be appropriate for such a violation. The legal relief may include compensatory damages for emotional distress, humiliation, or pain and suffering.''. SEC. 8. TRAINING AND INFORMATION FOR ATHLETES. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) is amended-- (1) by repealing section 906; (2) by redesignating section 905 (20 U.S.C. 1685) as section 906; and (3) by inserting after section 904 the following: ``SEC. 905. TRAINING AND INFORMATION. ``(a) Training.-- ``(1) Covered school systems.-- ``(A) Employees.--Each covered school system shall ensure that each title IX coordinator, and that each employee who works with athletics or teaches physical education or health, for the school system receives, at least once per year, training on the rights under this title of students at elementary schools or secondary schools, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education. ``(B) Elementary and secondary school athletes.-- Each covered school system shall ensure that-- ``(i) a title IX coordinator for the system provides training to athletes at elementary schools or secondary schools in the system on the rights of the athletes under this title, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education; and ``(ii) each such athlete receives that training at least once per year. ``(C) Definitions.--In this paragraph, the terms `elementary school' and `secondary school' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) Covered institutions of higher education.-- ``(A) Employees.--Each covered institution of higher education shall ensure that each employee of the athletic department of the institution receives, at least once per year, training on the rights under this title of students at covered institutions of higher education, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education. ``(B) Postsecondary school athletes.--Each covered institution of higher education shall ensure that-- ``(i) an expert in matters relating to this title, who is not an employee of the institution's athletic department, provides training to athletes at the institution on the rights of the athletes under this title, and procedures for submitting complaints of violations of this title to the Office for Civil Rights of the Department of Education; and ``(ii) each such athlete receives that training at least once per year. ``(b) Database.--The Secretary of Education shall establish and maintain a database of title IX coordinators, which shall be separate from the civil rights coordinators data maintained by the Office for Civil Rights of the Department of Education. The database shall include, at a minimum, the name, phone number, and email address for each title IX coordinator. The Secretary shall make the information in the database available to the public with, and by the same means as, reports made available under section 485(g)(4)(B) of the Higher Education Act of 1965 (20 U.S.C. 1092(g)(4)(B)).''. SEC. 9. OTHER DEFINITIONS. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) is amended-- (1) by redesignating section 909 as section 907A and moving that section 907A so as to follow section 907; and (2) by adding at the end the following: ``SEC. 909. OTHER DEFINITIONS. ``In this title: ``(1) Covered institution of higher education.--The term `covered institution of higher education' means an entity described in section 908(2)(A). ``(2) Covered school system.--The term `covered school system' means an entity described in section 908(2)(B). ``(3) Title ix coordinator.--The term `title IX coordinator' means the individual who coordinates the efforts of a covered school system to comply with, and carry out the system's responsibilities under, this title.''. SEC. 10. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to imply that intercollegiate athletic associations (as defined in section 2)-- (1) are not covered by title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (2) were not covered by that title on the day before the date of enactment of this Act. <all>

Fair Play for Women Act

To prohibit certain discrimination against athletes on the basis of sex by intercollegiate athletic associations, and for other purposes.

Fair Play for Women Act

Rep. Adams, Alma S.

D

NC

H.R.2345

Government Operations and Politics

Building Rural Investments, Development, and Growth for the Economy Act or the BRIDGE Act This bill requires the Department of Commerce and the Department of State to promote the export of goods and services by small- and medium-sized businesses from, and facilitate business investment in, rural areas of the United States. A rural area is an area with a population of less than 50,000 inhabitants that is outside an urbanized area.

To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Government Decentralization Commission Act''. SEC. 2. ESTABLISHMENT. There is established in the General Services Administration a commission to be known as the ``Federal Government Decentralization Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) study the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area; and (2) submit to Congress a plan for the relocation of recommended agencies or divisions. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of the Administrator of General Services (or a designee) and 10 other members, appointed as follows: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the Speaker of the House of Representatives. (3) Two members shall be appointed by the minority leader of the Senate. (4) Two members shall be appointed by the minority leader of the House of Representatives. (5) Two members shall be appointed by the Administrator of the General Service Administration. (b) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (c) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (d) Compensation.--Each member of the Commission shall serve without pay. (e) Travel Expenses.--Each member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson.--The Chairperson of the Commission shall be the Administrator of General Services (or a designee). SEC. 5. ADMINISTRATIVE SUPPORT AND STAFF PROVIDED BY THE GENERAL SERVICES ADMINISTRATION. Administrative and support staff for the Commission shall be provided by the General Services Administration. SEC. 6. SUBMISSION OF PLAN TO CONGRESS. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commission shall develop and submit to Congress a plan for the relocation of executive agencies or divisions of executive agencies outside the Washington metropolitan area. (b) Requirements for Plan.--The plan shall include the following: (1) An identification of new locations for executive agencies or divisions of executive agencies outside the Washington metropolitan area, which shall be prioritized-- (A) by relocation to a low-income community; or (B) by relocation to areas with expertise in the mission and goal of the executive agency or division. (2) A consideration of national security implications of the relocation. (3) An economic and workforce development study on how the relocation of an executive agency or division would impact the new location. (4) A list of potential site acquisitions and partial prospectus for executive agencies or divisions of executive agencies, which shall include-- (A) a brief description of the building to be constructed, altered, or leased; (B) the location of the building; and (C) an estimate of the maximum cost of the acquisition and the relocation. SEC. 7. DEFINITIONS. In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code, except that the term does not include the Executive Office of the President. (2) Low-income community.--The term ``low-income community'' has the meaning given that term in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)). (3) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the submission of the plan under section 6. SEC. 9. FUNDING. No new appropriations may be obligated to carry out this Act. <all>

Federal Government Decentralization Commission Act

To establish a commission to study the relocation of select executive agencies or divisions of such agencies outside the Washington metropolitan area, to make recommendations to Congress on appropriate findings, and for other purposes.

Federal Government Decentralization Commission Act

Rep. Ryan, Tim

D

OH

S.2227

Labor and Employment

Championing Apprenticeships for New Careers and Employees in Technology Act or the CHANCE in TECH Act This bill requires the Department of Labor to enter into contracts with industry intermediaries to promote the development of and access to apprenticeships in the technology sector. The Department of Education (ED) may issue CHANCE in TECH Awards for 21st Century Schools to secondary schools or junior or community colleges that demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. In making an award, ED must consider the availability of science, technology, engineering, and mathematics (STEM), career and technical education, and computer technology courses at the schools.

To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Championing Apprenticeships for New Careers and Employees in Technology Act'' or the ``CHANCE in TECH Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) During any given 90-day period there can be more than 500,000 information technology job openings in the United States. (2) Employment in the technology sector is growing twice as fast as employment in the United States. (3) Jobs in the technology sector tend to provide higher pay and better benefits than other jobs and have been more resilient to economic downturn than jobs available in other private sector industries. (4) Information technology skills are transferrable across nearly all industries. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) According to the Bureau of Labor Statistics, in May 2020, the median annual wage for computer and information technology occupations was $91,250, which was higher than the median annual wage for all occupations of $41,950. SEC. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. (a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). (c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. (d) Contractor Activities.--An industry intermediary that is awarded a contract under this section may only use the funds made available through such contract to carry out activities designed to further the purpose described in subsection (a), including-- (1) facilitating the provision and development of apprenticeships in the technology sector through collaborations with public and private entities that provide job-related instruction, such as on-the-job training, pre-apprenticeship training, and technical training; (2) encouraging entities to establish such apprenticeships; (3) identifying, assessing, and training applicants for such apprenticeships who are-- (A) enrolled in high school; (B) enrolled in an early college high school that focuses on education in STEM subjects; (C) individuals aged 18 years or older who meet appropriate qualification standards; or (D) enrolled in pre-apprenticeship or apprenticeship training initiatives that allow adults to concurrently increase academic and workforce skills through proven, evidence-based models that connect all learning to the specific apprenticeship involved and significantly accelerate completion of preparation for the apprenticeship; and (4) tracking the progress of such applicants who participate in such apprenticeships. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. SEC. 4. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. (b) Criteria.--In selecting a covered school for an award under subsection (a), the Secretary shall take into account-- (1) the availability of STEM, career and technical education, and computer technology courses at the covered school; (2) State academic assessments, as described in section 111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. SEC. 5. FUNDING. (a) Fiscal Year 2021.--Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent Years.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. SEC. 6. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' means an apprenticeship 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.). (2) Career and technical education.--The term ``career and technical education'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (3) Early college high school.--The term ``early college high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Industry intermediary.--The term ``industry intermediary'' means an entity that-- (A) in order to accelerate apprenticeship program development and helps establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as-- (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as-- (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. (12) Technology sector.--The term ``technology sector'' means the industry sector involved in the design or development of hardware, software, or security of digital data. <all>

CHANCE in TECH Act

A bill to direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes.

CHANCE in TECH Act Championing Apprenticeships for New Careers and Employees in Technology Act

Sen. Heinrich, Martin

D

NM

H.R.2539

Education

Education Against Hate Crimes Act of 2021 This bill requires the Department of Education (ED) to award competitive grants to states, local educational agencies, and nonprofit organizations to conduct hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. It also requires ED, in consultation with the Department of Homeland Security and the Department of Justice, to develop relevant curriculum requirements.

To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Against Hate Crimes Act of 2021''. SEC. 2. GRANTS FOR HATE CRIME PREVENTION AND PREJUDICE REDUCTION EDUCATION. (a) Grants Authorized.--Beginning not later than one year after the date of enactment of this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to assist such entities in conducting hate crime prevention and prejudice reduction education for secondary school students and students in middle grades. (b) Curriculum Requirements.--Not later than 180 days after the date of enactment of the Act, the Secretary of Education, in consultation with Secretary of Homeland Security and the Attorney General, shall develop requirements for the curriculum of the hate crime prevention and prejudice reduction education conducted with a grant under this section. (c) Grant Amount.--The amount of a grant awarded under this section shall not exceed $1,500,000 for any fiscal year. (d) Applications.-- (1) In general.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that will provide hate crime prevention and prejudice reduction education in geographic areas where there is disproportionate hate crime activity relative to the total population of the area. The Secretary may consult with the Attorney General to identify eligible entities that meet the requirements for priority consideration under this paragraph. (e) Reporting Requirements.--On an annual basis in each year for which an eligible entity receives a grant under this section, the entity shall submit to the Secretary a report that includes-- (1) a description of how the grant was used; (2) the number of secondary school students who enrolled in and completed a program of hate crime prevention and prejudice reduction education; (3) the number of teachers who provided instruction to students in hate crime prevention and prejudice reduction education; and (4) a description of the strategies and best practices employed to achieve the objectives under the grant. (f) Definitions.--In this section: (1) Hate crime and prejudice reduction education.--The term ``hate crime and prejudice reduction education'' means culturally relevant education (available in multiple languages, consistent with census data and demographics of the area which the education will be provided) to prevent, address, deter, and dissuade crimes against persons or an individual's property due to the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, age, or sexual orientation of any person. (2) Eligibile entity.--The term ``eligible entity'' means a State, a local educational agency, or a nonprofit organization. (3) ESEA terms.--The terms ``local educational agency'', ``middle grades'', ``secondary school'', and ``Secretary'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2022 through 2032. <all>

Education Against Hate Crimes Act of 2021

To direct the Secretary of Education to make grants for hate crime prevention and prejudice reduction education, and for other purposes.

Education Against Hate Crimes Act of 2021

Rep. Velazquez, Nydia M.

D

NY

H.R.1037

Immigration

Better Agriculture Resources Now Act or the BARN Act This bill revises the H-2A visa program for temporary agricultural workers, moves administration of the program from the Department of Labor to the Department of Agriculture, and addresses other immigration issues. The bill eliminates a statutory provision calling for the 50% rule, which requires an H-2A employer to hire any qualified U.S. applicants until half of the time period on an H-2A worker's contract has elapsed. The bill also revises requirements for employer-provided housing or housing allowances for H-2A workers, including standards for such accommodations. The employer shall request an inspection to certify that the housing meets the required standards. An employer shall not be required to pay an H-2A worker more than 115% of the federal or applicable state minimum wage, whichever is higher. Aliens admitted as H-2A workers who overstay their visas are barred from the program for five years. Aliens admitted on the basis of fraud or who commit certain crimes are barred permanently. Employers who knowingly hire H-2A workers who overstay their visas or employers who engage in fraud or misrepresentation shall be barred from the program. The bill also prohibits the Legal Services Corporation (LSC) from providing legal assistance for an alien unless (1) the alien is present in the United States when the assistance is provided, and (2) the parties have attempted to mediate the dispute in good faith. An H-2A employer is not required to allow an entity receiving LSC funding to enter the employer's property without an appointment with a specific H-2A worker.

To reform the H-2A program for nonimmigrant agricultural workers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Better Agriculture Resources Now Act''; or (2) the ``BARN Act''. SEC. 2. H-2A PROGRAM REFORMS. (a) Definition of Agricultural Labor or Services.--Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended-- (1) by striking ``Secretary of Labor'' and inserting ``Secretary of Agriculture''; (2) by striking ``and the pressing'' and inserting ``the pressing''; and (3) by striking ``of a temporary'' and all that follows through the end and inserting ``, and the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, or''. (b) Administering Official.--Section 218 of such Act (8 U.S.C. 1188) is amended by striking ``Secretary of Labor'' each place such term appears and inserting ``Secretary of Agriculture''. (c) Deemed Approval.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)) is amended by inserting before ``In considering'' the following: ``The Secretary of Agriculture shall review such application and shall provide a determination on the application within 15 days of the date of the filing of the application. If the Secretary does not comply with the deadline in the preceding sentence, the application shall be deemed approved.''. (d) Experience Requirement.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)), as amended by subsection (c), is further amended by adding at the end the following: ``A job offer may contain an experience requirement as long as work performed in an illegal status may not be counted towards such requirement.''. (e) Elimination of 50-Percent Rule.--Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended-- (1) by striking ``(A)''; (2) by striking subparagraph (B); and (3) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B). (f) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting ``, except that no employer shall be required to pay a wage rate greater than 115 percent of the greatest of the Federal and State minimum wage rates.''. (g) Deadline for Filing Applications.--Section 218(c)(1) of such Act (8 U.S.C. 1188(c)(1)) is amended by striking ``45'' and inserting ``30''. (h) Period of Authorized Nonimmigrant Status.--Section 218(h) of such Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) The initial period of authorized status as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) shall not exceed 1 year. Such period may be extended once by the Secretary of Homeland Security for a period of up to 1 year, except that such extension may be granted only if the Secretary of Agriculture determines that the employer has engaged in the positive recruitment efforts described in subsection (b)(4) (including the obligation to circulate the employer's job offer through the interstate employment service system). In the case of a nonimmigrant who has remained in the United States for the full 2-year period, the nonimmigrant shall be obliged to depart the United States and shall not be eligible to re-apply for a visa to re-enter the United States as such a nonimmigrant for a period of 2 months. If at any time during a period of authorized admission the alien has a work lapse period of 60 days or more, the visa of the alien shall be deemed revoked and the alien shall be required to depart from the United States, except that if an employer has applied for a certification under subsection (a)(1) with respect to an alien who has a work lapse of 60 days or less, such period shall not begin until after the Secretary has made a determination on the application consistent with subsection (c).''. (i) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: ``(4) Housing requirement.-- ``(A) In general.--Except as provided under subparagraph (F), each employer applying for workers under subsection (b) shall offer to provide housing at no cost to-- ``(i) all workers in job opportunities for which the employer has applied; and ``(ii) all other workers in the same occupation at the same place of employment whose place of residence is beyond normal commuting distance. ``(B) Compliance.--An employer meets the requirement under subparagraph (A) if the employer-- ``(i) provides the workers with housing that meets applicable Federal standards for temporary labor camps; or ``(ii) secures housing for the workers that-- ``(I) meets applicable local standards for rental or public accommodation housing, or other substantially similar class of habitation; or ``(II) in the absence of applicable local standards, meets State standards for rental or public accommodation housing or other substantially similar class of habitation. ``(C) Inspection.-- ``(i) Request.--At the time an employer that plans to provide housing described in subparagraph (B) to H-2A workers files an application for H-2A workers with the Secretary of Agriculture, the employer shall request a certificate of inspection by an approved Federal or State agency. ``(ii) Inspection; followup.--Not later than 28 days after the receipt of a request under clause (i), the Secretary of Agriculture shall ensure that-- ``(I) such an inspection has been conducted; and ``(II) any necessary followup has been scheduled to ensure compliance with the requirements under this paragraph. ``(iii) Delay prohibited.--The Secretary of Agriculture may not delay the approval of an application for failing to comply with the deadlines set forth in clause (ii). ``(D) Rulemaking.--The Secretary of Agriculture shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock. ``(E) Housing allowance.-- ``(i) Authority.--If the Governor of a State certifies to the Secretary of Agriculture that there is adequate housing available in the area of intended employment for migrant farm workers and H-2A workers who are seeking temporary housing while employed in agricultural work, an employer in such State may provide a reasonable housing allowance instead of offering housing pursuant to subparagraph (A). An employer who provides a housing allowance to a worker shall not be required to reserve housing accommodations for the worker. ``(ii) Assistance in locating housing.-- Upon the request of a worker seeking assistance in locating housing, an employer providing a housing allowance under clause (i) shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. ``(iii) Limitation.--A housing allowance may not be used for housing that is owned or controlled by the employer. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies under this subparagraph shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protect Act (29 U.S.C. 1823) solely by virtue of providing such housing allowance. ``(iv) Other requirements.-- ``(I) Nonmetropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(II) Metropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(v) Information.--If the employer provides a housing allowance to H-2A employees, the employer shall provide a list of the names and local addresses of such workers to the Secretary of Agriculture and the Secretary of Homeland Security once per contract period.''. (j) Legal Assistance From the Legal Services Corporation.--Section 218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (h) of this Act, is further amended by adding at the end the following: ``(4)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. ``(B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. ``(C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer's property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.''. (k) Effect of Violations While in United States.--Section 218(f) of such Act (8 U.S.C. 1188(f)) is amended to read as follows: ``(f) Effect of Violations.-- ``(1) Overstays.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant within the previous 5-year period and the alien remained after the alien's period of authorized admission expired or otherwise violated a term or condition of such previous admission. ``(2) Fraud.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant on the basis of fraud. ``(3) Other crimes.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant and committed an offense that rendered the alien deportable while in the United States pursuant to such admission. ``(4) Employer bar.--The Secretary of Agriculture may not issue a certification under subsection (a) with respect to an employer if the Secretary finds, after notice and an opportunity for a hearing, that the employer knowingly hired an H-2A worker whose period of authorized admission had expired or that the employer otherwise engaged in fraud or misrepresentation with respect to the program for the admission of such workers into the United States. The Secretary of Homeland Security shall not thereafter approve petitions filed by such employer under section 214(c). An employer that establishes that it has complied in good faith with the requirements of this Act has established an affirmative defense in an action brought under this paragraph.''. <all>

BARN Act

To reform the H-2A program for nonimmigrant agricultural workers, and for other purposes.

BARN Act Better Agriculture Resources Now Act

Rep. Allen, Rick W.

R

GA

H.R.1303

Crime and Law Enforcement

Criminalizing Abused Substance Templates Act of 2021 This bill makes it a crime to knowingly possess a pill press mold with the intent to manufacture a counterfeit substance in schedule I or II of the Controlled Substances Act. A violator is subject to criminal penalties—a prison term of not more than 20 years and a fine.

To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminalizing Abused Substance Templates Act of 2021''. SEC. 2. UNLAWFUL POSSESSION OF PILL PRESS MOLDS. (a) Prohibition.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following: ``(i) Offense Regarding Unlawful Possession of Pill Press Molds.-- ``(1) In general.--Whoever, with intent to manufacture in violation of this title a counterfeit substance in schedule I or II in a capsule, tablet, or other form for distribution, knowingly possesses a pill press mold, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(2) Definitions.--In this subsection, the term `pill press mold' means any punch, die, plate, stone, or other object designed to print, imprint, or reproduce on a controlled substance (or the container or labeling thereof) the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, created, distributed, or dispensed such product, thereby rendering it a counterfeit substance.''. (b) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 2 offense levels above the offense level otherwise applicable for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the defendant is found, in connection with such violation of section 401(a), to be in violation of section 401(i) of the Controlled Substances Act, as added by subsection (a). <all>

Criminalizing Abused Substance Templates Act of 2021

To amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture in violation of such Act a counterfeit substance in schedule I or II in a capsule, tablet, and other form intended for distribution, and for other purposes.

Criminalizing Abused Substance Templates Act of 2021

Rep. Kustoff, David

R

TN

H.R.8739

International Affairs

Hong Kong Business Integrity and Transparency Act This bill requires the Department of Commerce to submit periodic reports to Congress on the protection of consumer information in the possession of U.S. firms operating in Hong Kong. The report must include information on requests by the government of Hong Kong for consumer information, content takedowns, or law enforcement assistance.

To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Business Integrity and Transparency Act''. SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on-- (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown.--The term ``content takedown'' means the removal of, disabling of access to, or restriction of access to any material, including-- (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. <all>

Hong Kong Business Integrity and Transparency Act

To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance.

Hong Kong Business Integrity and Transparency Act

Rep. Curtis, John R.

R

UT

S.4643

Crime and Law Enforcement

Biometric Collection Improvement Act This bill requires the Department of Justice to (1) study and recommend ways to improve the collection of biometric information by state law enforcement agencies, and (2) award grants to help law enforcement agencies implement the recommendations.

To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biometric Collection Improvement Act''. SEC. 2. STATE PRACTICES FOR COLLECTING BIOMETRIC INFORMATION. (a) Study.--The Director of the Bureau of Justice Statistics, in consultation with the Director of the Federal Bureau of Investigation, shall conduct a study to determine how State law enforcement agencies collect biometric information in the administration of the criminal justice system. (b) Report.--After completing the study required under subsection (a), the Director of the Bureau of Justice Statistics shall submit a report containing the results of such study to-- (1) the Committee on the Judiciary of the Senate; (2) the Committee on the Judiciary of the House of Representatives; and (3) the Attorney General. (c) Recommendations.--The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding.--The study, report, and recommendations required under this section shall be carried out with existing funding. SEC. 3. BIOMETRIC GRANT PROGRAM. (a) Establishment.--The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal year 2023 through 2027 for grants authorized under subsection (a). <all>

Biometric Collection Improvement Act

A bill to conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes.

Biometric Collection Improvement Act

Sen. Tillis, Thomas

R

NC

H.R.5463

Health

Drug Pricing Transparency and Accountability Act This bill establishes a two-year moratorium on allowing new, non-rural hospitals and associated child sites to participate in the 340B drug pricing program; during the moratorium, the Department of Health and Human Services must issue regulations with specified program eligibility standards. The bill also requires additional reporting relating to program participation, eligibility, and costs.

To increase reporting requirements and transparency requirements in the 340B Drug Pricing Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Pricing Transparency and Accountability Act''. SEC. 2. MORATORIUM ON REGISTRATION OF NEW NON-RURAL SECTION 340B HOSPITALS. Section 340B(a) of the Public Health Service Act (42 U.S.C. 256b(a)) is amended-- (1) in paragraph (4)(L), by striking ``A subsection (d) hospital'' and inserting ``Subject to paragraph (11), a subsection (d) hospital''; and (2) by adding at the end the following: ``(11) Moratorium on registration of certain hospitals.-- During the 2-year period beginning on the date of the enactment of this paragraph-- ``(A) an entity described in paragraph (4)(L) shall not be considered a covered entity under this section unless such entity was a covered entity on such date (as evidenced by the entity having been identified as a covered entity as of such date under the covered entity identification system established under subsection (d)(2)(B)(iv)); and ``(B) no site shall be added to the covered entity identification system established under subsection (d)(2)(B)(iv) or be permitted to begin participating in the drug discount program under this section, as a `child site' or otherwise, on the basis of association with a covered entity described in paragraph (4)(L) unless such site was identified as a child site as of December 31, 2020, under the system established under subsection (d)(2)(B)(iv). ``(12) Regulations to be issued during the moratorium period to implement statutory requirements clarifying hospital eligibility criteria and hospital child site standards and enhancing hospital transparency.-- ``(A) Issuance of regulations.-- ``(i) In general.--During the moratorium period under paragraph (11), the Secretary shall promulgate regulations through notice and comment rulemaking to implement the standards and requirements described in subparagraph (B). ``(ii) Deadline.--Such final regulations shall be promulgated and take effect-- ``(I) before the end date of the moratorium described in paragraph (11); or ``(II) in the event that any of such regulations have not taken effect by such end date, the moratorium under subparagraph (11) shall be extended until such regulations are final and effective. ``(iii) Limitation.--The authority to promulgate regulations under this paragraph is limited to setting forth the details necessary and appropriate to carry out the requirements of subparagraph (B) efficiently, effectively, and in conformity with such subparagraph. ``(B) Standards and requirements.-- ``(i) Hospital child site standards.-- ``(I) In general.--Hospitals described in subparagraphs (L) and (M) of paragraph (4) may register off- campus outpatient facilities associated with the hospital (also known as `child sites') to participate in the drug discount program under this section (beginning after the moratorium under paragraph (11) ends), if-- ``(aa) the site is listed on the hospital's most recently filed Medicare cost report on a line that is reimbursable under the Medicare program (or, if the hospital is a children's hospital that does not file a Medicare cost report, the hospital submits to the Secretary a signed statement certifying that the facility would be correctly included on a reimbursable line of a Medicare cost report if the hospital filed a cost report); ``(bb) such cost report demonstrates that the services provided at the facility have associated costs and charges for hospital outpatient department services under title XVIII of the Social Security Act (or, if the hospital is a children's hospital that does not file a Medicare cost report, the hospital submits to the Secretary a signed statement certifying that the services provided at the facility include or consist solely of outpatient services); ``(cc) the facility is wholly owned by the covered entity; ``(dd) the Secretary has made a determination, under the process described in section 413.65(b) of title 42, Code of Federal Regulations (or any successor regulations), that the facility meets the Medicare provider-based standards under section 413.65 of title 42, Code of Federal Regulations (or any successor regulations); ``(ee) the facility provides a full range of outpatient services, in addition to drugs; and ``(ff) the facility adheres to the charity care policy and any sliding fee scale policy of the parent hospital. ``(II) De-registration.--If at any time following registration one or more of the standards listed above are no longer satisfied, a registered hospital shall immediately notify the Secretary, de-register the facility, and keep the facility from making any purchases under the drug discount program under this section or representing to third parties that it may purchase under such program. ``(ii) Hospital eligibility standards for hospitals not owned or operated by a unit of state or local government.--For purposes of subparagraph (L)(i) of paragraph (4): ``(I) A private hospital has been formally granted governmental powers by a unit of State or local government if the Secretary receives a certification from a State or local governmental entity that such governmental entity has formally delegated, through State or local statute or regulation or, if permitted by applicable State or local law, through a contract with a State or local government, to the hospital such a power, described in detail in the certification. ``(II) A private hospital has a contract with a State or local government to provide health care services to low-income individuals who are not entitled to benefits under Medicare or Medicaid if-- ``(aa) the hospital submits a copy of the contract to the Secretary for review; ``(bb) the Secretary determines that the contract creates an enforceable obligation for the hospital to provide direct medical care to low-income individuals ineligible for Medicare and Medicaid in an amount that represents at least 15 percent of the hospital's total costs for all items and services furnished at such hospital; and ``(cc) the contract is available to the public as part of the information describing the hospital in the covered entity identification system established under subsection (d)(2)(B)(iv). ``(III) If at any time a hospital not owned or operated by a unit of State or local government no longer meets one or more requirements under subclause (I) or (II), the hospital shall immediately notify the Secretary, dis-enroll from the drug discount program under this section, and stop making purchases under such program and representing to third parties that it may purchase under such program. ``(iii) Hospital transparency requirements.-- ``(I) Hospital requirements to identify section 340b drugs.--In the case of covered entity hospitals described in subparagraph (L) of paragraph (4): ``(aa) Claims for covered outpatient drugs purchased under the drug discount program under this section shall be submitted to public and private payors using the 340B modifier established by the Secretary under the prospective payment system for hospital outpatient department services, in conformance with paragraph (22) of section 1833(t) of the Social Security Act, subsection (h) of 1847A, subparagraph (F) of section 1927(a)(5), and paragraph (5) of section 1857(g), that is `JG'. ``(bb) Such hospitals shall report to the Secretary on an annual basis, in a form and manner specified by the Secretary-- ``(AA) the hospital's aggregate annual revenue from drugs purchased under the program under this section, minus its aggregate annual acquisition costs for such drugs, broken out by hospital and by each child site; ``(BB) any dispensing fees paid by the hospital or child site to contract pharmacies for such drugs; ``(CC) the patient mix, broken down by expected payment source (including at least the Medicare program under title XVIII of the Social Security Act, a State plan under the Medicaid program under title XIX of such Act, private insurance, and uninsured individuals), for each such hospital, and each child site of the hospital listed in the covered entity information system established under subsection (d)(2)(B)(iv), and the costs incurred at each such hospital and site for charity care (as described in line 23 of Worksheet S-10-- Hospital Uncompensated and Indigent Care Data to the Medicare cost report or as reported in any successor form); ``(DD) the percent of total revenues (net of any discounts) at each site derived from infusion or injection of physician- administered drugs, including any associated items or services furnished incident-to the administration of such drugs; and ``(EE) with respect to such hospital and each child site of the hospital, the names of all third-party vendors or other similar entities (including split fee vendors and contract pharmacies) that the covered entity contracts with to provide services associated with the program under this section (broken down by covered entity and by each child site). ``(II) Public availability.--The Secretary shall make the information reported to the Secretary under subclause (I)(bb) available to the public (with redactions of any information the Secretary determines to be proprietary or confidential) in an annual compilation of the reported information available on the internet website of the Department of Health and Human Services, and as part of the information describing the hospital and the relevant child site in the covered entity identification system established under subsection (d)(2)(B)(iv).''. SEC. 3. 340B CLAIMS MODIFIER. (a) Medicaid.--Section 1927(a)(5) of the Social Security Act (42 U.S.C. 1396r-8(a)(5)) is amended by adding at the end the following: ``(F) 340B claims modifier.-- ``(i) In general.--All claims submitted to a Medicaid fee-for-service program or a medicaid managed care organization (as defined in section 1903(m)(1)(A)) for reimbursement of a unit of a covered outpatient drug subject to an agreement under section 340B of the Public Health Service Act shall include the 340B modifier established by the Secretary under the prospective payment system for hospital outpatient department services under section 1833(t) that is `JG' or the Submission Clarification Code of `20' developed by the National Council for Prescription Drug Programs (NCPDP). ``(ii) Data sharing.--Each single State agency shall make available to a manufacturer of a covered outpatient drug any fee-for- service or managed care claim for reimbursement for a unit of such drug for the purpose of verifying the propriety of any claim for a rebate payment under an agreement under subsection (b) with respect to such drug. At the manufacturer's request, in lieu of making such a claim available to the manufacturer, the single State agency may instead provide a list of claims (and relevant data concerning each claim) for covered outpatient drugs that were purchased under an agreement under section 340B of the Public Health Service Act or other summary data specified by the manufacturer. ``(iii) Report.--Each single State agency shall publish an annual report on utilization of covered outpatient drugs subject to an agreement under section 340B of the Public Health Service Act by the Medicaid fee-for- service program or a medicaid managed care organization (as defined in section 1903(m)(1)(A)) during the preceding calendar year. The State agency shall not include confidential patient-specific, drug-specific, or manufacturer-specific information in any such annual report.''. (b) Medicare.-- (1) Medicare part b.-- (A) Hospital outpatient department services.-- Section 1833(t) of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following paragraph: ``(22) 340B claims modifier.--All claims submitted under the system under this subsection for reimbursement of a unit of a covered outpatient drug subject to an agreement under section 340B of the Public Health Service Act shall include the 340B modifier established by the Secretary under such system that is `JG' (or `TB' in the case of a claim for reimbursement under such system submitted by a hospital described in subparagraph (M) or (N) of section 340B(a)(4) of the Public Health Service Act or a rural sole community hospital described in subparagraph (O) of such section).''. (B) Other part b claims.--Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended by adding the following new subsection: ``(h) 340B Claims Modifier.--All claims submitted under this part (other than under the prospective payment system for hospital outpatient department services under section 1833(t)) for reimbursement of a unit of a covered outpatient drug subject to an agreement under section 340B of the Public Health Service Act shall include the 340B modifier established by the Secretary under such payment system that is `JG'.''. (2) Medicare advantage and medicare part d.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(5) 340B claims modifier.--All claims submitted to a Medicare Advantage organization or a PDP sponsor under this part and part D, respectively, for reimbursement of a unit of a covered outpatient drug subject to an agreement under section 340B of the Public Health Service Act shall include the 340B modifier established by the Secretary under the prospective payment system for hospital outpatient department services under section 1833(t) that is `JG' or the Submission Clarification Code of `20' developed by the National Council for Prescription Drug Programs (NCPDP).''. (3) Report on utilization under medicare part b.--The Secretary of Health and Human Services shall publish an annual report on utilization under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) of covered outpatient drugs purchased subject to an agreement under section 340B of the Public Health Service Act (42 U.S.C. 256b) during the preceding calendar year. The Secretary shall not include confidential patient-specific, drug-specific, or manufacturer- specific information in any such annual report. (c) Effective Date.--The amendments made by this section take effect on the date that is 6 months after the date of enactment of this Act and apply to claims submitted on or after that date. SEC. 4. REPORTS TO CONGRESS. Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended by adding at the end the following: ``(f) Reports to Congress.-- ``(1) OIG report.--Not later than 2 years after the date of the enactment of this subsection, the Office of the Inspector General shall submit to Congress a final report on the level of charity care provided by covered entities described in subparagraph (L) of subsection (a)(4) and separately by child sites of such covered entities. ``(2) GAO reports.-- ``(A) Initial report.--Not later than 1 year after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report-- ``(i) analyzing the State and local government contracts intended to satisfy the requirement under subsection (a)(4)(L)(i) for a covered entity to qualify as an entity described in subparagraph (L) of subsection (a)(4); ``(ii) assessing the amount of care such contracts obligate such entity to provide to low-income individuals ineligible for Medicare under title XVIII of the Social Security Act and Medicaid under title XIX of such Act; and ``(iii) analyzing how these contracts define low-income individuals and whether the Secretary reviews such determinations. ``(B) Subsequent report.--Not later than 2 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to Congress a final report on the difference between the aggregate gross reimbursement and aggregate acquisition costs received by each such covered entity (including child sites of such entity) for drugs subject to an agreement under this section.''. SEC. 5. MEDICARE REQUIREMENT FOR HOSPITALS REGARDING 340B DRUG INFORMATION. (a) In General.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (X), by striking ``and'' at the end; (2) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (3) by inserting after subparagraph (Y), the following new subparagraph: ``(Z) in the case of a hospital that is a covered entity under subsection (a)(4) of section 340B of the Public Health Service Act, to include in any cost report submitted to the Secretary under this title information on-- ``(i) the aggregate acquisition costs of the hospital for drugs, the purchase of which were attributed to the hospital, during the period covered by such cost report and for which the hospital received a discount under such section 340B; and ``(ii) the aggregate revenues the hospital received from all payors for such drugs, disaggregated by insurance status (including the Medicare program, the Medicaid program, the Children's Health Insurance Program, private health insurance, and uninsured).''. (b) Effective Date.--The amendments made by subsection (a) shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. <all>

Drug Pricing Transparency and Accountability Act

To increase reporting requirements and transparency requirements in the 340B Drug Pricing Program, and for other purposes.

Drug Pricing Transparency and Accountability Act

Rep. Rosendale Sr., Matthew M.

R

MT

H.R.6679

Education

Scholarship for Service: The Building Better Americans Act This bill establishes a scholarship-for-service program for students who served at least two years in the military, an emergency medical service, or a police force, or as a teacher's assistant or firefighter, and who submit a certification of such service prior to enrolling as an undergraduate in an institution of higher education (IHE). An eligible undergraduate student may receive a grant in the amount equal to the cost of attendance at the IHE in which the student enrolls for two academic years.

To establish a scholarship program for certain individuals who have completed at least 2 years of service in the military, emergency medical service, police force, or as a teacher's assistant or firefighter, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Scholarship for Service: The Building Better Americans Act''. SEC. 2. SCHOLARSHIP FOR SERVICE IN THE MILITARY, POLICE FORCE, OR AS A FIREFIGHTER. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 11--Scholarship for Service Program ``SEC. 420S. SCHOLARSHIP FOR SERVICE IN THE MILITARY, EMERGENCY MEDICAL SERVICE, POLICE FORCE, OR AS A TEACHER'S ASSISTANT OR FIREFIGHTER. ``(a) Definition of Eligible Student.--In this subpart, the term `eligible student' means a student who prior to enrolling as an undergraduate in an institution of higher education-- ``(1) served at least 2 years in the military, emergency medical service, police force, or as a teacher's assistant or firefighter; and ``(2) submits to the Secretary a certification of the service described in paragraph (1). ``(b) Grants.-- ``(1) In general.--At the election of the eligible student under paragraph (2), the Secretary shall award a grant to such eligible student in the amount equal to the cost of attendance at the institution of higher education in which such eligible student enrolls. ``(2) Option of eligible student.--An eligible student may elect to receive a grant under paragraph (1) for any 2 academic years in which such student is an undergraduate.''. <all>

Scholarship for Service: The Building Better Americans Act

To establish a scholarship program for certain individuals who have completed at least 2 years of service in the military, emergency medical service, police force, or as a teacher's assistant or firefighter, and for other purposes.

Scholarship for Service: The Building Better Americans Act

Rep. Johnson, Bill

R

OH

H.R.7101

Commerce

Prohibiting Anticompetitive Mergers Act of 2022 This bill prohibits certain business mergers, modifies the procedures for reviewing mergers, and establishes procedures for reversing certain mergers. Specifically, the bill prohibits mergers that (1) are valued at more than $5 billion in total assets, (2) result in the acquiring entity having a market share of greater than 33% (or a share of a labor market as an employer of greater than 25%), or (3) result in market concentration levels that exceed specified thresholds. The bill also expands the authority of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) to review pending mergers, including whether a merger is likely to harm the competitive process and the effect of a merger on relevant labor markets. Finally, the bill authorizes the FTC and the Antitrust Division of the DOJ to retroactively unwind mergers that are prohibited under the bill or that meet certain other anticompetitive criteria such as a merger that results in a greater than 50% share of a relevant market.

To prohibit certain anticompetitive mergers, to amend the Clayton Act to permit the Federal Trade Commission and the Department of Justice to reject proposed acquisitions, to implement procedures for retrospective reviews and breaking up anticompetitive consummated acquisitions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Anticompetitive Mergers Act of 2022''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Constitution of the United States prohibits political or economic oligarchies, which are incompatible with a republican form of government; (2) the antitrust laws, including the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), and the Federal Trade Commission Act (15 U.S.C. 41 et seq.), were enacted to prohibit political and economic oligarchies, to protect fair, open, and competitive markets, and to prevent corporations from abusing their power to stifle competition and improperly influence democratic processes; (3) Federal courts have misinterpreted the antitrust laws to the detriment of consumers, workers, society, and the United States political economy, including by enhancing the misguided and narrowly defined ``consumer welfare standard,'' as described by the Supreme of the United States in Reiter v. Sonotone Corp., 442 U.S. 330 (1979), and its progeny; (4) concentrated economic power creates concentrated political power, allowing giant corporations to invest growing sums of money into influencing government to tilt laws and rules in their favor; (5) over the last 4 decades, powerful corporations have unconstitutionally amassed too much influence over the United States economy, stifling competition in United States markets and harming workers, consumers, customer choice, sellers, small and minority-owned businesses (including farms and ranches), local, rural, and low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation; (6) in 1975, 109 companies pocketed half of all profits generated by firms in the United States whereas in 2015, the top 30 firms did so; (7) startup rates fell by more than half over the last 4 decades in industries that saw an increase in concentration; (8) dominant corporations, which often underinvest in their operations and infrastructure, expose consumers in the United States to the risks of concentrated and brittle supply chains, such as shortages of essential goods and increased prices; (9) market concentration in essential markets, including those for medical equipment, food, and retail, can pose serious national-security risks during crisis events such as the COVID- 19 pandemic; (10) market concentration is associated with lower wages, and evidence shows that in more concentrated markets, giant corporations are less likely to pass on productivity gains to workers in the form of higher wages and more likely to engage in antiworker labor practices, which disproportionately harm female workers and workers of color; (11) corporate consolidation has especially harmed rural communities, low-income communities, and communities of color, as demonstrated by the impact of the recent Sprint and T-Mobile merger on low-income customers who purchase prepaid plans; (12) Federal agencies other than the Federal Trade Commission and the Department of Justice may have particular expertise with respect to the competitive effects of an acquisition and should play a stronger role in antitrust enforcement; (13) State attorneys general may have critical local knowledge or regional concerns about the competitive effects of an acquisition and should play a stronger role in antitrust enforcement; (14) section 7A of the Clayton Act (15 U.S.C. 18a) (referred to in this section as ``section 7A'') was enacted to allow the antitrust agencies to review acquisitions before consummation; (15) the recent explosion of filings under section 7A has overwhelmed the Federal Trade Commission and the Department of Justice, a phenomenon exacerbated by strict statutory deadlines for the review process and an onerous judicial process to obtain injunctions to block acquisitions likely to lessen competition; (16) the antitrust agencies should be empowered to reject acquisitions that they review under section 7A, and those decisions should be treated as reviewable agency actions; (17) the use of structural and behavioral remedies to protect competition and prevent monopolistic behavior has proven ineffective across various industries; (18) the Federal Trade Commission and the Department of Justice have the authority under existing law to conduct retrospective reviews of any consummated acquisition at any time, regardless of whether the acquisition was nonreportable or the government opposed the acquisition before its consummation; (19) because some data about the competitive effects of an acquisition will necessarily emerge after consummation, it is critical that the Federal Trade Commission and the Department of Justice conduct retrospective reviews of acquisitions in order to remedy anticompetitive acquisitions, including through unwinding; (20) an acquisition may have competitive effects in markets beyond the lines of commerce of the transaction, particularly when a party has an extensive business ecosystem; and (21) excessive market concentration must be remedied to restore and protect competition in the United States and ensure the United States economy and democracy benefit workers, consumers, customer choice, sellers, small and minority-owned businesses (including farms and ranches), local, rural, and low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation. (b) Purposes.--The purposes of this Act are to-- (1) ban the most anticompetitive acquisitions; (2) restore and protect the competitive process; (3) amend section 7A to empower the antitrust agencies to reject acquisitions before consummation through agency action; (4) reduce the burdens of contemporary merger litigation placed on Federal and State officials; (5) establish a greater role for Federal agencies and State attorneys general in the merger-review process; (6) establish procedures for retrospective reviews; (7) break up acquisitions consummated during the 21st century that have lessened competition and harmed the competitive process; (8) ensure that the structure of the United States economy is competitive and fair in order to safeguard the nation against economic and political oligarchies; and (9) uphold the mandate in the Constitution of the United States to promote a flourishing democracy by promoting meaningful competition throughout all segments of the United States economy. SEC. 3. DEFINITIONS. The first section of the Clayton Act (15 U.S.C. 12) is amended by striking subsections (a) and (b) and inserting the following: ``SEC. 1. DEFINITIONS; SHORT TITLE. ``(a) Definitions.--In this Act: ``(1) Acquisition.--The term `acquisition' means-- ``(A) any merger; ``(B) any direct or indirect acquisition of the whole or any part of the assets, stock, or other share capital or the use of such stock by the voting or granting of proxies or otherwise; or ``(C) any tender offer, joint venture, deal, or other similar transaction subject to section 7 or 7A. ``(2) Antitrust agency.--The term `antitrust agency' means-- ``(A) the Federal Trade Commission; or ``(B) the Antitrust Division of the Department of Justice. ``(3) Antitrust laws.--The term `antitrust laws' means-- ``(A) the Sherman Act (15 U.S.C. 1 et seq.); ``(B) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); ``(C) this Act; and ``(D) any other similar Federal or State law designed or intended to prohibit, restrict, or regulate actions having the purpose or effect of monopolization, restraint of trade, or lessening competition (including through merger or acquisition). ``(4) Critical trading partner.--The term `critical trading partner' means a person that has the ability to restrict, impede, or foreclose access to its inputs, customers, partners, goods, services, technology, platform, facilities, or tools in a way that harms the competitive process or limits the ability of the customers or suppliers of the person to carry out business effectively. ``(5) Disqualifying behavior.--The term `disqualifying behavior' means-- ``(A) violating an order issued by an antitrust agency; ``(B) entering into any nonprosecution agreement or deferred prosecution agreement with the Department of Justice; ``(C) paying a fine, penalty, or settlement (including class-action settlements) exceeding $1,000,000 to an antitrust agency, a State or county, or private party if the underlying dispute is based on a violation of antitrust law; ``(D) being convicted of any felony by a State court or court of the United States; or ``(E) being found liable for violating any antitrust law by a State court or court of the United States. ``(6) Dominant firm.--The term `dominant firm' means a person that-- ``(A) has annual revenues exceeding $5,000,000,000 (as adjusted and published for each fiscal year beginning after September 30, 2022, in the same manner as provided in section 8(a)(5) to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending September 30, 2021); ``(B) is a financial institution, an equity fund, or a registered investment adviser under section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3), if the party or the ultimate parent entity of such party has greater than $10,000,000,000 (as so adjusted and published) in capitalization, commitments, or assets under management; or ``(C) has greater than 20 percent of any relevant market. ``(7) Failing-firm defense.--The term `failing-firm defense' means a defense that an acquisition is unlikely to be anticompetitive because-- ``(A) the party being acquired is in danger of immediate insolvency; ``(B) the party being acquired is not able to reorganize successfully under chapter 11 of title 11, United States Code; ``(C) the party being acquired has made unsuccessful good-faith efforts to elicit reasonable alternative offers that would keep the assets of the party in the relevant markets and pose a less severe danger to competition than does the proposed acquisition; and ``(D) the acquiring party is the only available purchaser. ``(8) Labor market.--The term `labor market' includes-- ``(A) commuting zones, as defined by the Department of Agriculture; ``(B) the 6-digit Standard Occupational Classification codes for a particular job classification; and ``(C) other definitions as the Federal Trade Commission and the Department of Justice may promulgate by regulation. ``(9) Nonreportable acquisition.--The term `nonreportable acquisition' means any acquisition for which the parties are not required to file notification under section 7A. ``(10) Party.--The term `party' means, for a given acquisition, a person required to file notification under section 7A. ``(11) Person.--The term `person' has the meaning given the term in section 8 of the Sherman Act (15 U.S.C. 7). ``(12) Platform.--The term `platform' means any person's website, online or mobile application, operating system, digital assistant, online advertising exchange, or online service that-- ``(A) operates or provides the main interface between different users or market participants, such as individuals, advertisers, or providers of content, services, and goods; and ``(B) allows for exchanges of at least some goods, services, or content that the person does not own. ``(13) Platform conflict of interest.--The term `platform conflict of interest' means the conflict of interest that arises when a person owns or controls a platform while simultaneously-- ``(A) owning or controlling a line of business that competes against third parties on that platform, if the person has the ability and incentive to, or does, advantage its own business on the platform over third- party competitors on the platform or disadvantage the business of third-party competitors on the platform; or ``(B) representing both buyers and sellers for transactions or business on the platform. ``(14) Prohibited merger.--The term `prohibited merger' means an acquisition-- ``(A) in which-- ``(i) the Herfindahl-Hirschman Index would be greater than 1,800 in any relevant market; and ``(ii) the increase in the Herfindahl- Hirschman Index would be more than 100 in such relevant market; ``(B) in which the acquiring person would have a market share of greater than 33 percent of any relevant market (excluding labor markets) or greater than 25 percent of any labor market as an employer; or ``(C) that would result in the acquiring person holding an aggregate total amount of the voting securities and assets of the acquired person in excess of $5,000,000,000 (as so adjusted and published). ``(15) Relevant agency.--The term `relevant agency' means the Office of Advocacy of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce, the National Labor Relations Board, any Federal agency required to review an acquisition under Federal law, or any Federal agency with substantial regulatory authority over a party involved in an acquisition (including persons or financial institutions involved with financing the acquisition) as identified by the parties, the Federal Trade Commission, or the Assistant Attorney General. ``(16) Relevant market.--The term `relevant market'-- ``(A) means any line of commerce, product market, service market, or labor market implicated by an acquisition; and ``(B) includes a geographic area if geography limits the willingness or ability-- ``(i) of some customers to substitute some products; ``(ii) of some suppliers to serve some customers; or ``(iii) of some workers to provide labor. ``(17) State attorney general.--The term `State attorney general' has the meaning given the term in section 4G. ``(18) Ultimate parent entity.--The term `ultimate parent entity' has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations. ``(b) Short Title.--This Act may be cited as the `Clayton Act'.''. SEC. 4. BANNING ALL PROHIBITED MERGERS AND STRENGTHENING ANTITRUST AGENCY ENFORCEMENT. (a) Banning All Prohibited Mergers.--Section 7 of the Clayton Act (15 U.S.C. 18) is amended-- (1) in the first and second undesignated paragraphs, by striking ``lessen competition, or to tend to create a monopoly'' each place the term appears and inserting ``harm the competitive process, or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition''; (2) in the first, second, and third undesignated paragraph, by inserting ``(including labor)'' after ``any activity affecting commerce'' each place the term appears; and (3) by adding at the end the following: ``Any prohibited merger shall be unlawful under this section. ``Neither quantitative evidence nor a definition of a relevant market or market share shall be required to establish a violation under this section. ``Harms to the competitive process include the harms described in section 7A.''. (b) Strengthening Antitrust Agency Enforcement.-- (1) Mandatory hsr filings.--Section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)) is amended-- (A) in the matter preceding paragraph (1), by inserting ``, subject to subsection (b),'' before ``the waiting''; (B) in paragraph (1), by striking ``and'' at the end; (C) in paragraph (2)(B)(ii)(III), by striking the period at the end and inserting ``; and''; and (D) by inserting after paragraph (2)(B)(ii)(III) the following: ``(3)(A) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person of $50,000,000 (as so adjusted and published) or more; and ``(B) the acquiring person, or the person whose voting securities or assets are being acquired-- ``(i) has annual revenues in excess of $5,000,000,000 (as so adjusted and published); or ``(ii) is a financial institution, an equity fund, or a registered investment adviser under section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3), if the person or the ultimate parent entity of the person has greater than $10,000,000,000 (as so adjusted and published) in capitalization, commitments, or assets under management.''. (2) Empowering the antitrust agencies to reject acquisitions.--Section 7A of the Clayton Act (15 U.S.C. 18a) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(B)-- (I) by striking ``thirtieth'' and inserting ``120th''; and (II) by striking ``fifteenth'' and inserting ``60th''; and (ii) in paragraph (2), by striking ``the Assistant'' and all that follows through the period at the end and inserting ``on demonstration of an emergency may, in individual cases, terminate the waiting period specified in paragraph (1) and allow any person to proceed with any acquisition subject to this section, upon a vote of the Federal Trade Commission or approval of the Assistant Attorney General, and promptly shall cause to be published in the Federal Register a notice that details the justification of such decision. The waiting period may not be terminated under this paragraph without the approval of all relevant agencies and States that have received materials pursuant to subsection (l).''; (B) in subsection (e), by adding at the end the following: ``(3) No person shall acquire, directly or indirectly, any voting securities or assets of another person under subsection (a) unless-- ``(A)(i) the waiting period expires or is terminated; and ``(ii) the Federal Trade Commission or the Assistant Attorney General has not rejected the acquisition; or ``(B) an appropriate court issues a final, nonappealable order reversing the decision of the Federal Trade Commission or the Assistant Attorney General to reject the acquisition. ``(4)(A) Not later than 15 days after the date on which the Federal Trade Commission and the Assistant Attorney General receive a notification filed under subsection (a), the Federal Trade Commission and the Assistant Attorney General shall determine whether the Federal Trade Commission or the Assistant Attorney General shall review the acquisition, which shall be publicly announced. ``(B) If no decision is made under subparagraph (A) before the expiration of the 15-day period, the Federal Trade Commission shall review the acquisition, which shall be publicly announced. ``(5) Not later than 120 days after the date on which the Federal Trade Commission and the Assistant Attorney General receive a notification filed under subsection (a), the Federal Trade Commission or the Assistant Attorney General shall determine whether to reject the acquisition. ``(6)(A) The Federal Trade Commission or the Assistant Attorney General shall provide-- ``(i) an opportunity for public comment during the 60-day period beginning on the date on which a public announcement is made under paragraph (4); and ``(ii) the public with-- ``(I) notice of a notification filed under subsection (a); and ``(II) a summary of all documentary material and information described in subsection (d). ``(B) The Federal Trade Commission or the Assistant Attorney General shall consider any public comments submitted under this paragraph before making a determination under paragraph (5). ``(7)(A) Harms to the competitive process may include, without limitation, harms to workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions), consumers (including patients, renters, and students), customer choice, sellers, small or minority-owned businesses (including farms and ranches), local, rural, or low- income communities, communities of color, privacy, quality (including health and safety), entrepreneurship, or innovation. ``(B) When evaluating whether an acquisition is likely to harm the competitive process, the Federal Trade Commission or the Assistant Attorney General shall consider-- ``(i) effects in any relevant market (including labor markets), cross-market effects or impacts on the lines of commerce of the parties beyond any relevant markets, impacts throughout the supply chains or business ecosystems of the parties, and impacts on small or minority-owned businesses (including farms and ranches), local, rural, or low-income communities, and communities of color; and ``(ii) the history of-- ``(I) express collusion in any relevant market; ``(II) acquisitions by a party in any relevant market during the preceding 5-year period; and ``(III) any anticompetitive effects that followed previous acquisitions of the parties, including-- ``(aa) increased prices for consumers; ``(bb) reduced wages for workers; ``(cc) reductions in safety for consumers or workers; ``(dd) increased injuries or deaths for consumers or workers; ``(ee) bankruptcy or financial distress of acquired companies; ``(ff) significant worker layoffs; and ``(gg) reduced investments in research and development. ``(C) The Federal Trade Commission or the Assistant Attorney General may determine that the acquisition is likely to harm the competitive process if the history described in subparagraph (B)(ii) is significant or extensive. ``(D) When evaluating an acquisition for which any party (or its ultimate parent entity) is a dominant firm, the Federal Trade Commission or the Assistant Attorney General may determine that the acquisition is likely to harm the competitive process if-- ``(i) another party offers overlapping, competing, or functionally equivalent services or products; ``(ii) another party is a nascent competitor or maverick; ``(iii) another party is a critical trading partner in the supply chains or business ecosystems of the parties; or ``(iv) the acquisition would create a platform conflict of interest. ``(8)(A) The decision of the Federal Trade Commission or the Assistant Attorney General not to reject an acquisition under subsection (a) shall-- ``(i) be made publicly available by the date on which the waiting period expires or is terminated; ``(ii) include a summary of the review process and identify the factors considered in making the decision not to reject the acquisition, which shall include (as relevant or applicable) the possible harms listed in paragraph (7); ``(iii) have no precedential value for any future decisions regarding whether to reject an acquisition by the same or different persons; ``(iv) shall not preclude the Federal Trade Commission, the Assistant Attorney General, or a State attorney general from investigating the acquisition, seeking to unwind the acquisition, or seeking to impose remedies on the parties to the acquisition at a later date; and ``(v) shall have no bearing on the legality of the acquisition if the acquisition is challenged through judicial proceedings. ``(B) During the waiting period (or any extension thereof), neither the Federal Trade Commission nor the Assistant Attorney General may enter into any settlement agreement (including commitments to structural or behavioral remedies) with the parties to an acquisition under subsection (a) when deciding whether to reject the acquisition. ``(C) If the Federal Trade Commission or the Assistant Attorney General declines to reject an acquisition under subsection (a) by the end of the waiting period, the Federal Trade Commission or the Assistant Attorney General, respectively, may issue an order requiring the parties to hold their assets separate for a period not to exceed 60 days. ``(9)(A) The Federal Trade Commission or the Assistant Attorney General shall reject an acquisition described in subsection (a) if-- ``(i) the acquisition is a prohibited merger; ``(ii) the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition, as determined by the Federal Trade Commission or the Assistant Attorney General, respectively; ``(iii) a party to the acquisition (or its ultimate parent entity)-- ``(I) is a dominant firm; and ``(II) has consummated 2 or more acquisitions in any relevant market during the preceding 5-year period; ``(iv) a relevant agency objects to the acquisition on the basis of a substantive justification as described in subsection (l); ``(v) during the waiting period or during the 10- year period ending on the date on which notification under subsection (a) is filed, a party to the acquisition engaged in any disqualifying behavior; or ``(vi) the Federal Trade Commission or the Assistant Attorney General, respectively, determines that-- ``(I) all information and documentary materials have not been supplied; or ``(II) the supplied information is not adequately responsive. ``(B) The decision of the Federal Trade Commission or the Assistant Attorney General to reject an acquisition under subsection (a) shall-- ``(i) be made publicly available before the date on which the waiting period expires or is terminated; ``(ii) identify which of the 5 categories of rejection was or were the basis of the decision and include, as applicable-- ``(I) a statement explaining why the acquisition is a prohibited merger; ``(II) a substantive justification for the decision, including-- ``(aa) an explanation of how the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition, including (as applicable or relevant) an analysis of how the acquisition would likely harm workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions), consumers (including patients, renters, and students), customer choice, sellers, small or minority-owned businesses (including farms and ranches), local, rural, or low-income communities, communities of color, privacy, quality (including health and safety), entrepreneurship, or innovation; ``(bb) an explanation of why, in light of the factors described in item (aa), the acquisition was rejected; and ``(cc) a response to public comments that addresses major counterarguments to the justification for the decision to reject; ``(III) a statement explaining which party is a dominant firm and identifying 2 or more consummated acquisitions by the party in a relevant market during the preceding 5-year period; ``(IV) the substantive justification received from an objecting relevant agency in accordance with subsection (l); ``(V) a statement identifying any disqualifying behavior of a party during the waiting period or during the 10-year period ending on the date on which notification is filed under subsection (a); or ``(VI) an explanation of how the information and documentary materials submitted by the parties were not adequately responsive; and ``(iii) have no precedential value for any future decisions regarding whether to reject an acquisition by the same or different persons. ``(10)(A) Any party to an acquisition rejected by the Federal Trade Commission or the Assistant Attorney General under this section may bring an action under this paragraph in the appropriate district court of the United States to challenge the decision of the Federal Trade Commission or the Assistant Attorney General to reject the acquisition, and no other person or entity shall have a cause of action under this paragraph. ``(B) A decision of the Federal Trade Commission or the Assistant Attorney General to reject an acquisition under this section shall be considered a matter of discretion, and the reviewing court shall hold unlawful and set aside the decision only if the decision's findings and conclusions are found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with this section. ``(C) The parties to a rejected acquisition may not file suit to challenge the decision more than 60 days after the decision is made public. ``(D) In judicial proceedings challenging a decision to reject an acquisition, a court shall give deference to any definition of a relevant market or market share alleged by the Federal Trade Commission or the Assistant Attorney General and may not offset any anticompetitive harms alleged by the Federal Trade Commission or the Assistant Attorney General with any procompetitive benefits. ``(11) Nothing in this subsection may be construed to preclude the Federal Trade Commission or the Assistant Attorney General from reviewing or investigating a nonreportable acquisition before or after its consummation.''; and (C) by striking subsection (f). (3) Enhanced hsr filing requirements.--Section 7A(d) of the Clayton Act (15 U.S.C. 18a(d)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) by redesignating paragraph (2) as paragraph (5); and (C) by inserting after paragraph (1) the following: ``(2) shall require that the notification required under subsection (a) include, in addition to the information described in paragraph (1)-- ``(A) basic information on the acquiring person and the person whose voting securities or assets are being acquired, including-- ``(i) the names of each executive officer and board member of each person; ``(ii) the annual revenues of each person for each year of the 5-year period ending on the date on which the notification will be filed; ``(iii) all lines of business, assets, and investments of each person; ``(iv) all data assets of each person; ``(v) all intellectual-property assets of each person, including patents, copyrights, and trademarks; ``(vi) all trade secrets, as defined in section 1839 of title 18, United States Code, of each person; ``(vii) contact information for the 10 largest customers of each person (as applicable); and ``(viii) contact information for the 10 largest suppliers of each person (as applicable); ``(B) the stated justification for the acquisition, including-- ``(i) what, if any, nonpublic information was used to inform a decision to enter the acquisition; ``(ii) what, if any, publicly available information was processed using artificial intelligence, algorithms, or other automated data processing systems to inform a decision to enter the acquisition; and ``(iii) if relevant, how the failing-firm defense applies, including a list of good-faith efforts to elicit reasonable alternative offers and reasons the offers were unsuccessful; ``(C) any proposed plans to benefit workers, consumers, customer choice, sellers, small or minority- owned businesses (including farms and ranches), local, rural, or low-income communities, communities of color, privacy, quality, entrepreneurship, and innovation, including plans to-- ``(i) use new expertise, resources, and additional revenues to reduce prices; ``(ii) increase quality; ``(iii) increase privacy; ``(iv) increase worker pay, benefits, and conditions; ``(v) invest in local, rural, or low-income communities or communities of color; and ``(vi) invest in research and development; ``(D) the projected impact of the acquisition on the competitive process, workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions), consumers (including patients, renters, and students), customer choice, sellers, small and minority-owned businesses (including farms and ranches), local, rural, and low-income communities, communities of color, privacy, quality (including health and safety), entrepreneurship, and innovation; ``(E) a list of all other significant competitors (including entrants or potential entrants) and competing products; ``(F) estimated market shares in the relevant markets of the acquisition for each person and any significant competitors identified in subparagraph (E) for the current year and each of the previous 2 years; ``(G) a list of every merger, acquisition, sale of assets, or divestiture consummated by each party during the preceding 10-year period, whether or not the party was required to file a notification under subsection (a); ``(H) a list of each person or financial institution that provided or will provide financing for the acquisition (including debt, equity, and all other sources) and the amount provided; ``(I) an affirmation from each party that it has not engaged in any disqualifying behavior during the 10-year period ending on the date on which the notification will be filed; ``(J) a list of States that would be impacted by the acquisition; ``(K) a list of Federal agencies with substantial regulatory authority over each party (or the persons or financial institutions involved with financing the acquisition); and ``(L) whether any party (or its ultimate parent entity) is a dominant firm; ``(3) shall evaluate the stated justification for the acquisition to determine if the justification comports with the information provided under paragraph (2); ``(4) shall determine if the acquisition or combination of data assets described in paragraph (2) would violate the antitrust laws, including if the acquisition or combination of data assets is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition; and''. (4) Increased waiting period.--Section 7A(e) of the Clayton Act (15 U.S.C. 18a(e)) is amended-- (A) by striking ``30'' each place the term appears and inserting ``120''; and (B) by striking ``15'' each place the term appears and inserting ``60''. (5) HSR sharing.--Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding at the end the following: ``(l) HSR Sharing.-- ``(1) Submission to states.--Not later than 7 days after the date on which information or documentary material relevant to a proposed acquisition is filed with the Federal Trade Commission and Assistant Attorney General under this section, the Federal Trade Commission and the Assistant Attorney General shall submit to each State attorney general of any State identified by the parties under subsection (d), and to any State attorney general of a State that the Federal Trade Commission or the Assistant Attorney General determines would be impacted by the acquisition-- ``(A) notification of the proposed acquisition; and ``(B) a copy of all documents submitted in relation to the acquisition. ``(2) Sharing with agencies.--For each acquisition filed under subsection (a), the Federal Trade Commission or the Assistant Attorney General shall-- ``(A) send notice of the proposed acquisition to any Federal agency-- ``(i) required to review the acquisition under Federal law; ``(ii) determined to have substantial regulatory authority over a party involved in the acquisition; or ``(iii) identified by the parties under subsection (d); ``(B) provide to each Federal agency notified under subparagraph (A) a copy of all documents submitted in relation to the acquisition not later than 30 days after the date on which the waiting period described in subsection (b)(1) begins; and ``(C) reject the acquisition if-- ``(i) any Federal agency with substantial regulatory authority objects to the acquisition on the basis that the acquisition would harm the competitive process or materially harm the interests of the United States as a customer, trading partner, or stakeholder; ``(ii) the Office of Advocacy of the Small Business Administration objects to the acquisition on the basis that the acquisition would materially harm small businesses (including farms and ranches); ``(iii) the Minority Business Development Agency of the Department of Commerce objects to the acquisition on the basis that the acquisition would materially harm minority- owned businesses (including farms and ranches); or ``(iv) the National Labor Relations Board objects to the acquisition on the basis that-- ``(I) the acquisition would help create or maintain a monopsony or unfair labor practice (including the refusal of the parties to preserve, expand, or effectuate collective bargaining agreements covering workers impacted by the acquisition, as applicable); or ``(II) the acquisition would materially harm workers (including significant layoffs or harms to existing collective bargaining agreements, retirees, worker benefits and compensation, or labor conditions). ``(3) Substantive justifications for objections.--If a relevant agency objects to an acquisition under paragraph (3), the relevant agency shall submit to the Federal Trade Commission or the Assistant Attorney General, as applicable, a substantive justification for the objection before the date on which the waiting period expires or is terminated. ``(m) Certification.-- ``(1) Individuals.-- ``(A) Prohibition.--No individual who certifies a notification filed under subsection (a) on behalf of an entity may, within the notification or during the waiting period, knowingly-- ``(i) falsify, conceal, or cover up by any trick, scheme, or device a material fact; ``(ii) make any materially false, fictitious, or fraudulent statement or representation; or ``(iii) make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. ``(B) Penalty.--Any individual who violates subparagraph (A) shall be fined not more than $10,000,000, imprisoned for not more than 5 years, or both. ``(2) CEO liability.--A chief executive officer of an entity shall be deemed liable for any violation of paragraph (1) committed by an officer or employee of the entity if the chief executive officer knew or should have known of the violation. ``(3) Entity.--An entity described in paragraph (1) shall be fined, for each violation, not more than 5 percent of the revenues that the ultimate parent entity of the entity earned during the 1-year period ending on the date on which the notification is filed.''. (6) Additional ftc enforcement.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by striking ``, except banks'' and all that follows through ``said Act,''. (c) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission and the Department of Justice shall promulgate regulations to further define harms to the competitive process, including harms to workers, consumers, customer choice, sellers, small and minority-owned businesses, local, rural, and low- income communities, communities of color, privacy, quality, entrepreneurship, and innovation. SEC. 5. ADDITIONAL ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.-- (1) Civil action.--No later than 60 days after the end of the waiting period, a State attorney general of a State that would be impacted by an acquisition filed under section 7A of the Clayton Act (15 U.S.C. 18a) may bring an action under this paragraph in the appropriate district court of the United States to obtain an injunction enjoining the consummation of the acquisition. (2) Injunction.--The court shall grant the injunction described in paragraph (1) if the State attorney general demonstrates by a preponderance of the evidence that under section 7A of the Clayton Act (15 U.S.C. 18a)-- (A) the acquisition is a prohibited merger; (B) the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition; or (C) during the waiting period or during the 10-year period ending on the date on which notification under subsection (a) is filed, a party to the acquisition engaged in any disqualifying behavior. (3) Harms to the competitive process.--The State attorney general may use any direct or indirect evidence to demonstrate that an acquisition is likely to harm the competitive process, including, but not limited to, the harms described in section 7A of the Clayton Act (15 U.S.C. 18a). (4) Balancing prohibited.--The court may not offset any anticompetitive harms demonstrated under paragraph (2) or (3) with any procompetitive benefits. (5) Deference.--The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. (6) Stay of proceedings.--The court shall stay all judicial proceedings under this section regarding an acquisition filed under section 7A of the Clayton Act (15 U.S.C. 18a) until the end of the waiting period. The stay shall be lifted at the end of the waiting period if the Federal Trade Commission or the Assistant Attorney General declines to reject the acquisition. (7) Dismissal.--The court shall dismiss with prejudice any claims filed under paragraph (1) if the Federal Trade Commission or the Assistant Attorney General rejects the acquisition. (8) Temporary injunction.--The court shall issue an injunction temporarily enjoining the consummation of the acquisition during the judicial proceedings under this section. (b) Nonreportable Acquisitions.--A State attorney general of a State that would be impacted by a prospective nonreportable acquisition may bring an action (which shall be subject to the procedures described in paragraph (a)) under this paragraph in the appropriate district court of the United States to obtain an injunction enjoining the consummation of the acquisition. SEC. 6. BREAKING UP PROHIBITED MERGERS; PROCESS FOR RETROSPECTIVE REVIEWS. Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding at the end the following: ``(n) Retrospective Review.-- ``(1) Retrospective review of consummated acquisitions.-- ``(A) Review.-- ``(i) In general.--The Federal Trade Commission and the Assistant Attorney General may retrospectively review any consummated acquisition, including nonreportable acquisitions. ``(ii) Coordination.-- ``(I) In general.--The Federal Trade Commission and the Assistant Attorney General may coordinate the review of a consummated acquisition with any State attorney general if the State was impacted by the acquisition or any Federal agency deemed to have substantial regulatory authority over the parties to the acquisition (including persons or financial institutions involved with financing the acquisition). ``(II) Compulsory process.--The Federal Trade Commission, the Assistant Attorney General, and any coordinating State attorney general or Federal agency may use their respective compulsory processes to conduct the reviews. ``(B) Remedy.--Upon reviewing an acquisition described in subparagraph (A), the Federal Trade Commission or the Assistant Attorney General shall order a remedy to restore competition or otherwise address the anticompetitive impacts of the acquisition (which shall include unwinding the acquisition or requiring that the acquiring person make divestitures, which, to the extent practicable, shall be specified, standalone business units or lines), if the Federal Trade Commission or the Assistant Attorney General, respectively, acting in coordination with any State attorney general or Federal agency (as applicable), determines that-- ``(i) the acquisition resulted in a post- acquisition market share of greater than 50 percent of any relevant market (including labor markets); ``(ii) the acquisition resulted in a Herfindahl-Hirschman Index greater than 2,500 in any relevant market and increased the Herfindahl-Hirschman Index by more than 200 in such relevant market; ``(iii) the acquisition has brought material harm to the competitive process; ``(iv) if applicable, the acquiring person has failed to satisfy the stated justification of the acquisition or the acquisition did not result in the benefits described in the stated justification submitted under subsection (d)(2); or ``(v)(I) the acquisition is a consummated nonreportable acquisition; and ``(II)(aa) the acquisition is a prohibited merger; or ``(bb) after the date of enactment of this subparagraph, the acquiring person or the acquired person engaged in disqualifying behavior during the 10-year period ending on the date on which the nonreportable acquisition was consummated. ``(2) Immediate retrospective review of prohibited mergers.-- ``(A) Review.-- ``(i) In general.--Except as provided in clause (ii), the Federal Trade Commission and the Assistant Attorney General shall immediately review every prohibited merger consummated on or after January 1, 2000, for which the parties were required to file a notification under this section. ``(ii) Applicability.--For the purposes of this subparagraph, prohibited mergers shall be defined without adjustment to any dollar amounts. ``(iii) Coordination.-- ``(I) In general.--The Federal Trade Commission and the Assistant Attorney General may coordinate the review of a prohibited merger with any State attorney general if the State was impacted by the prohibited merger or any Federal agency deemed to have substantial regulatory authority over the parties to the prohibited merger (including persons or financial institutions involved with financing the prohibited merger). ``(II) Compulsory process.--The Federal Trade Commission, the Assistant Attorney General, and any coordinating State attorney general or Federal agency may use their respective compulsory processes to conduct the reviews. ``(B) Remedy.--Upon reviewing a prohibited merger described in subparagraph (A), the Federal Trade Commission or the Assistant Attorney General shall order a remedy to restore competition or otherwise address the anticompetitive impacts of the acquisition (which shall include unwinding the acquisition or requiring that the acquiring person make divestitures, which, to the extent practicable, shall be specified, standalone business units or lines), if the Federal Trade Commission or the Assistant Attorney General, respectively, acting in coordination with any State attorney general or Federal agency (as applicable), determines that the prohibited merger-- ``(i) resulted in a post-acquisition market share of greater than 50 percent of any relevant market (including labor markets); ``(ii) resulted in a Herfindahl-Hirschman Index greater than 2,500 in any relevant market and increased the Herfindahl-Hirschman Index by more than 200 in such relevant market; or ``(iii) brought material harm to the competitive process. ``(C) Deadlines.--The Federal Trade Commission and the Assistant Attorney General shall-- ``(i) not later than 180 days after the date of enactment of this subsection, establish and implement a process to carry out the review required under subparagraph (A); and ``(ii) not later than 4 years after the date of enactment of this subsection-- ``(I) complete the review required under subparagraph (A); and ``(II) implement the remedies required under subparagraph (B). ``(3) State attorneys general.-- ``(A) Consummated acquisitions.-- ``(i) Review.--A State attorney general of a State impacted by a consummated acquisition may review the acquisition in accordance with paragraph (1), including by using compulsory process. ``(ii) Civil action.-- ``(I) In general.--Upon reviewing an acquisition described in clause (i), the State attorney general may bring an action under this clause in the appropriate district court of the United States seeking a remedy to restore competition or otherwise address the anticompetitive impacts of the acquisition (which shall include unwinding the acquisition or requiring that the acquiring person make divestitures, which, to the greatest extent practicable, shall be specified, standalone business units or lines). ``(II) Court remedy.--The court shall grant the remedy described in subclause (I) if the State attorney general demonstrates by a preponderance of the evidence that the remedy would have been proper under paragraph (1)(B), unless the parties to the acquisition demonstrate by clear and convincing evidence that unwinding would not have been proper under paragraph (1)(B). ``(III) Balancing limited.--The court may not offset a demonstrated anticompetitive harm with a procompetitive benefit unless the benefit applies to the same population impacted by the harm. ``(IV) Deference.--The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. ``(B) Prohibited mergers.-- ``(i) Review.--A State attorney general of a State impacted by a prohibited merger may review the prohibited merger in accordance with paragraph (2), including by using compulsory process. ``(ii) Civil action.-- ``(I) In general.--Upon reviewing a prohibited merger described in clause (i), the State attorney general may bring an action under this clause in the appropriate district court of the United States seeking a remedy to restore competition or otherwise address the anticompetitive impacts of the prohibited merger (which shall include unwinding the prohibited merger or requiring that the acquiring person make divestitures, which, to the greatest extent practicable, shall be specified, standalone business units or lines). ``(II) Court remedy.--The court shall grant the remedy described in subclause (I) if the State attorney general demonstrates by a preponderance of the evidence that imposing the remedy would have been proper under paragraph (2)(B), unless the parties to the prohibited merger demonstrate by clear and convincing evidence that imposing the remedy would not have been proper under paragraph (2)(B). ``(III) Balancing limited.--The court may not offset a demonstrated anticompetitive harm with a procompetitive benefit unless the benefit applies to the same population impacted by the harm. ``(IV) Deference.--The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. ``(4) Dominant firms.--In addition to any other harms to the competitive process that may be determined or established, the Federal Trade Commission, the Assistant Attorney General, or a State attorney general may also determine or establish that a prohibited merger has brought material harm to the competitive process if-- ``(A) any party (or its ultimate parent entity) was a dominant firm; and ``(B)(i) another party was a nascent competitor or maverick; ``(ii) another party was a critical trading partner in the supply chains or business ecosystems of the parties; or ``(iii) the acquisition created a platform conflict of interest. ``(5) Judicial review.-- ``(A) In general.--Any party to an acquisition reviewed by the Federal Trade Commission or the Assistant Attorney General under paragraph (1) or (2) may bring an action under this paragraph in the appropriate district court of the United States to challenge a decision of the Federal Trade Commission or the Assistant Attorney General made under this subsection to order a remedy, and no other person or entity shall have a cause of action under this paragraph. ``(B) Standards of review.--A decision by the Federal Trade Commission or the Assistant Attorney General to order a remedy under this section shall be considered a matter of discretion, and the reviewing court shall hold unlawful and set aside the decision only if the decision's findings and conclusions are found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with this section. ``(C) Balancing limited.--The court may not offset an anticompetitive harm alleged by the Federal Trade Commission or the Assistant Attorney General with a procompetitive benefit unless the benefit applies to the same population impacted by the harm. ``(D) Deference.--The court shall give deference to any definition of a relevant market or market share alleged by the Federal Trade Commission or the Assistant Attorney General. ``(6) Public findings and decisions.--All findings and decisions (including decisions to initiate a retrospective review and decisions whether or not to order a remedy) described in this subsection shall be made publicly available. Any decision to order a remedy shall include a substantive justification. ``(7) Additional processes.--Not later than 180 days after the date of enactment of this subsection, the Federal Trade Commission and the Assistant Attorney General shall-- ``(A) establish procedures for the stakeholders of a consummated acquisition to submit complaints regarding any adverse impacts of the acquisition to the Federal Trade Commission, the Assistant Attorney General, and their respective State attorneys general; and ``(B) establish guidelines for when complaints received under subparagraph (i) will trigger a mandatory retrospective review under paragraph (1).''. SEC. 7. EXCLUSIVE JURISDICTION. (a) District Courts.-- (1) In general.--The United States District Court for the District of Columbia shall have exclusive jurisdiction to determine the validity of any decision made by the Federal Trade Commission or the Assistant Attorney General under the amendments made by sections 4 and 6 of this Act. (2) Actions brought by state attorneys general.-- (A) Except as provided in subparagraph (B), if a State attorney general brings an action under section 5 or subsection (n) of section 7A of the Clayton Act, as added by section 6 of this Act, the district court of the United States for the judicial district in which the capital of the State is located shall have exclusive jurisdiction. (B) In the event that multiple State attorneys general bring actions regarding the same acquisition, those actions shall be consolidated in the United States District Court for the District of Columbia or a district court with jurisdiction under this section. (b) Court of Appeals.--The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction of appeals from all decisions under subsection (a). (c) Supreme Court.--The Supreme Court of the United States shall not have appellate jurisdiction of any appeal from a decision under subsection (a) or (b). (d) Exclusive Remedies.--The causes of action authorized by this Act and amendments made by this Act shall be the exclusive remedies available to any person injured or adversely affected by a decision of the Federal Trade Commission or the Assistant Attorney General of the Antitrust Division of the Department of Justice made under this Act or under the amendments made by this Act. SEC. 8. FUNDING. (a) Authorizations of Appropriations.--There is authorized to be appropriated for fiscal year 2023 and each fiscal year thereafter-- (1) $1,000,000,000 for the Federal Trade Commission; and (2) $1,000,000,000 for the Antitrust Division of the Department of Justice. (b) Fines and Penalties.--The Federal Trade Commission and the Antitrust Division of the Department of Justice may use any funds from fines, penalties, and settlements not returned to consumers for their respective future operations. (c) Additional Appropriations.--To the extent there are insufficient funds from fines, penalties, settlements, and fees received by the Federal Trade Commission and the Antitrust Division of the Department of Justice for the costs of their respective programs, projects, and activities, there are appropriated, out of monies in the Treasury not otherwise appropriated, for fiscal year 2023 and each fiscal year thereafter such sums as are necessary for the costs of such programs, projects, and activities. SEC. 9. RULES OF CONSTRUCTION. Nothing in this Act, or an amendment made by this Act, may be construed to limit-- (1) any authority of the Federal Trade Commission, the Assistant Attorney General, any State attorney general, or any Federal agency under the antitrust laws or any other provision of law; or (2) the application of any law. SEC. 10. SEVERABILITY. (a) In General.--If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance shall not be affected. (b) Exclusive Jurisdiction.-- (1) District court.--The United States District Court for the District of Columbia shall have exclusive jurisdiction over any action challenging the constitutionality or lawfulness of any provision of this Act, any amendment made by this Act, or any regulation promulgated under this Act or an amendment made by this Act. (2) Court of appeals.--The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction of appeals from all decisions under paragraph (1). (3) Supreme court.--The Supreme Court of the United States shall not have appellate jurisdiction of any appeal from a decision under paragraph (1) or (2). (c) Decisions by Antitrust Agencies.--Except as provided in this Act, no Federal, State, or Territorial court shall have jurisdiction or power to consider the validity of decisions made by the Federal Trade Commission or the Assistant Attorney General under this Act, or under the amendments made by this Act, or to stay, restrain, enjoin, or set aside, in whole or in part, any provision of this Act authorizing such decisions made by the Federal Trade Commission or the Assistant Attorney General or making effective any such decisions made by the Federal Trade Commission or the Assistant Attorney General, or any provision of any such decisions made by the Federal Trade Commission or the Assistant Attorney General, or to restrain or enjoin the enforcement of any such decisions made by the Federal Trade Commission or the Assistant Attorney General. (d) Actions by State Attorney Generals.--Except as provided in this Act, no Federal, State, or Territorial court shall have jurisdiction or power to review actions brought by a State attorney general under this Act, or under an amendment made by this Act, or to stay, restrain, enjoin, or set aside, in whole or in part, any provision of this Act authorizing such actions brought by a State attorney general under this Act, or to restrain or enjoin the enforcement of any related judicial decisions. <all>

Prohibiting Anticompetitive Mergers Act of 2022

To prohibit certain anticompetitive mergers, to amend the Clayton Act to permit the Federal Trade Commission and the Department of Justice to reject proposed acquisitions, to implement procedures for retrospective reviews and breaking up anticompetitive consummated acquisitions, and for other purposes.

Prohibiting Anticompetitive Mergers Act of 2022

Rep. Jones, Mondaire

D

NY

S.3933

Taxation

Ending Corporate Greed Act This bill imposes a tax through 2024 on certain corporations (corporations other than regulated investment companies, real estate investment trusts, or S corporations) that have average annual gross receipts for a three-year period of at least $500 million. The tax is 95% of what are deemed excess profits for a taxable year.

To amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Corporate Greed Act''. SEC. 2. TAX ON EXCESS BUSINESS PROFITS OF CERTAIN CORPORATIONS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--EXCESS BUSINESS PROFITS ``Sec. 59B. Tax on excess business profits of taxpayers with substantial gross receipts. ``SEC. 59B. TAX ON EXCESS BUSINESS PROFITS OF TAXPAYERS WITH SUBSTANTIAL GROSS RECEIPTS. ``(a) Imposition of Tax.--There is hereby imposed on each applicable taxpayer for any taxable year a tax equal to 95 percent of the excess profits for the taxable year. Such tax shall be in addition to any other tax imposed by this subtitle. ``(b) Limitation.--The amount of tax imposed under subsection (a) for any taxable year shall not exceed 75 percent of the modified taxable income of the taxpayer for such taxable year. ``(c) Excess Profits.--For purposes of this section-- ``(1) In general.--The term `excess profits' means, with respect to any applicable taxpayer for any taxable year, the excess of-- ``(A) the modified taxable income of the taxpayer for the taxable year, over ``(B) the average of the inflation adjusted modified taxable income of the taxpayer for taxable years beginning in 2015, 2016, 2017, 2018, and 2019. ``(2) Inflation adjusted modified taxable income.-- ``(A) In general.--The term `inflation adjusted modified taxable income' means, with respect to any taxable year described in paragraph (1)(B), the modified adjusted gross income for such taxable year increased by an amount equal to-- ``(i) such modified adjusted gross income, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year described in paragraph (1)(A) begins, calculated by using in section 1(f)(3)(A)(ii) the CPI for the calendar year immediately before the calendar year in which the taxable year for which the increase under this paragraph is determined in lieu of the CPI for calendar year 2016. ``(B) Rounding.--Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $500. ``(d) Modified Taxable Income.--For purposes of this section, the term `modified taxable income' means, with respect to any taxable year, the taxable income of the taxpayer computed under this chapter for such taxable year, determined with the following modifications: ``(1) Global intangible low-taxed income.--In determining the amount of global intangible low-taxed income included in income for the taxable year, the taxpayer's net deemed tangible income return for the taxable year under section 951A(b)(1)(B) shall be zero. ``(2) Deductions for fdii and gilti.--No deduction shall be allowed under section 250. ``(3) Depreciation system.--In the case of tangible property, the depreciation deduction allowable under section 167 shall be determined under the alternative depreciation system of section 168(g). ``(4) Research and experimental expenses.--Section 174 shall be applied to amounts paid or incurred in any taxable year beginning on or before December 31, 2021, in the same manner as it is applied to amounts paid or incurred in taxable years beginning after such date. ``(5) Deductions for employee remuneration.-- ``(A) In general.--Section 162(m) shall be applied-- ``(i) by substituting `covered individual (as defined in section 59B(d)(5)(B))' for `covered employee' each place it appears in paragraphs (1) and (4) thereof, ``(ii) by treating any reference to an `employee' in paragraphs (1) and (4) thereof as a reference to an `individual', and ``(iii) by substituting `was required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d)) at any time during the 3- taxable year period ending with the taxable year' for `is required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d))' in paragraph (2) thereof. ``(B) Covered individual.--For purposes of applying this paragraph to section 162(m), the term `covered individual' means any individual who performs services (directly or indirectly) for the taxpayer (or any predecessor) for any taxable year beginning after December 31, 2021. ``(e) Applicable Taxpayer.--For purposes of this section-- ``(1) In general.--The term `applicable taxpayer' means, with respect to any taxable year, a taxpayer-- ``(A) which is a corporation other than a regulated investment company, a real estate investment trust, or an S corporation, and ``(B) the average annual gross receipts of which for the 3-taxable-year period ending with the preceding taxable year are at least $500,000,000. ``(2) Gross receipts.-- ``(A) Special rule for foreign persons.--In the case of a foreign person the gross receipts of which are taken into account for purposes of paragraph (1)(B), only gross receipts which are taken into account in determining income which is effectively connected with the conduct of a trade or business within the United States shall be taken into account. In the case of a taxpayer which is a foreign person, the preceding sentence shall not apply to the gross receipts of any United States person which are aggregated with the taxpayer's gross receipts by reason of paragraph (3). ``(B) Other rules made applicable.--Rules similar to the rules of section 448(c)(3) shall apply in determining gross receipts for purposes of this section. ``(3) Aggregation rules.--All persons treated as a single employer under subsection (a) of section 52 shall be treated as 1 person for purposes of this subsection, except that in applying section 1563 for purposes of section 52, the exception for foreign corporations under section 1563(b)(2)(C) shall be disregarded. ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2024.''. (b) Conforming Amendment.--The table of subchapters for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``PART VIII--Excess Business Profits''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Ending Corporate Greed Act

A bill to amend the Internal Revenue Code of 1986 to impose an income tax on excess profits of certain corporations.

Ending Corporate Greed Act

Sen. Sanders, Bernard

I

VT

H.R.7742

Finance and Financial Sector

Enhancing Financial Stability Research and Oversight Act This bill gives the Director of the Office of Financial Research (OFR) within the Department of the Treasury sole discretion over the OFR's annual budget. It also establishes minimum funding and staffing levels for the OFR and for the Financial Stability Oversight Council.

To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Financial Stability Research and Oversight Act''. SEC. 2. PRESERVING INDEPENDENT FUNDING. The Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended-- (1) in section 152-- (A) by amending subsection (c) to read as follows: ``(c) Budget.-- ``(1) In general.--The Director shall have sole discretion to establish the annual budget of the Office. ``(2) Minimum funding level of the budget.--The annual budget of the Office in any given fiscal year shall not be less than $104,770,000. ``(3) Adjustment of minimum funding level.--The dollar amount referred to in paragraph (2) shall be adjusted annually by the Director, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the year preceding the annual budget. ``(4) Minimum staffing level.--The Director shall ensure that the Office has not less than 255 full-time equivalent positions.''; (B) in subsection (d), by striking ``, in consultation with the Chairperson,'' each place such term appears; (C) in subsection (h), by striking ``, in consultation with the Chairperson,''; and (D) in subsection (i), by striking ``, in consultation with the Chairperson,''; and (2) in section 155-- (A) in subsection (d), by inserting before the period the following: ``, as determined in the sole discretion of the Director''; and (B) by adding at the end the following: ``(e) Reviewability.--Notwithstanding any other provision of this subtitle, the funding pursuant to subsection (d) shall not be subject to review by the Committees on Appropriations of the House of Representatives and the Senate. ``(f) Preservation of the Office of Financial Research's Independence.--Nothing in this section shall authorize the Secretary to influence the budget or the number or compensation of employees of the Office.''. SEC. 3. MINIMUM FSOC STAFFING LEVELS. (a) Minimum Staffing Level.--Section 111 of the Financial Stability Act of 2010 (12 U.S.C. 5321) is amended by adding at the end the following: ``(k) Minimum Staffing Level.--The Chairperson of the Council shall ensure that the Council has not less than 36 full-time equivalent positions, not including any employees detailed pursuant to subsection (j).''. (b) Minimum Budget Levels.--Section 118 of the Financial Stability Act of 2010 (12 U.S.C. 5328) is amended to read as follows: ``SEC. 118. COUNCIL FUNDING. ``(a) In General.--The Office of Financial Research shall transfer to the Council the amount of funds necessary to pay for the expenses of the Council, and the Council may immediately use such funds. ``(b) Minimum Budget.--The Office of Financial Research shall transfer not less than $8,500,000 to the Council each year to pay for the staffing and other expenses of the Council, including for the office of the independent member of the Council described under section 111(b)(1)(J). Such dollar amount shall be adjusted annually by the Chairperson of the Council, using the percent increase, if any, in the employment cost index for total compensation for State and local government workers published by the Federal Government, or the successor index thereto, for the 12-month period ending September 30 of the previous year.''. <all>

Enhancing Financial Stability Research and Oversight Act

To amend the Financial Stability Act of 2010 to preserve the independent funding in the Office of Financial Research, to establish minimum staffing levels for the Financial Stability Oversight Council, to establish minimum funding levels for such staff, and for other purposes.

Enhancing Financial Stability Research and Oversight Act

Rep. Foster, Bill

D

IL

H.R.4496

Housing and Community Development

Ending Homelessness Act of 2021 This bill expands the housing choice voucher program and provides assistance to homeless individuals and families. Specifically, the bill provides FY2022-2025 funding for the expansion of the housing choice voucher program for certain extremely low income families. Furthermore, beginning in FY2026, the bill creates and funds an entitlement to housing choice vouchers for certain extremely low income families. Eligibility for the entitlement expands annually, extending to low-income families by FY2030. The bill also reduces the geographic area used to calculate an area's fair market rent for purposes of voucher payment standards and prohibits the use of criminal history in determining eligibility for certain housing assistance. Additionally, the bill prohibits housing discrimination on the basis of a renter's source of income or a renter's veteran status. The bill also provides additional FY2022-FY2026 funding for the Department of Housing and Urban Development (HUD) to assist the homeless, including to award emergency relief grants in jurisdictions with the highest need and award grants to provide outreach and coordinate services. Furthermore, the bill provides additional FY2022-FY2026 funding for the Housing Trust Fund, which provides affordable housing for extremely low-income and very low-income families. While this additional funding is available, HUD must ensure that priority for occupancy in assisted units is given to individuals and families who are homeless. Finally, the bill permanently reauthorizes certain homeless assistance grants and makes permanent the U.S. Interagency Council on Homelessness.

To provide a path to end homelessness in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Ending Homelessness Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Expansion of housing choice voucher program. Sec. 3. Entitlement program for housing choice vouchers. Sec. 4. Repeal of ineligibility criteria. Sec. 5. Prohibiting housing discrimination based on source of income. Sec. 6. Funding to address unmet need. Sec. 7. Housing Trust Fund. Sec. 8. Technical assistance funds to help States and local organizations align health and housing systems. Sec. 9. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants. Sec. 10. Permanent extension of United States Interagency Council on Homelessness. Sec. 11. Eligibility of private nonprofit organizations for funding. Sec. 12. Eligibility of faith-based organizations. Sec. 13. Conforming amendments. SEC. 2. EXPANSION OF HOUSING CHOICE VOUCHER PROGRAM. (a) Funding.--There is appropriated out of any money in the Treasury not otherwise appropriated, for providing incremental voucher assistance in accordance with this section for each of fiscal years 2022 through 2025, the amount necessary to fund-- (1) the number of incremental vouchers required to be allocated under subsection (c); (2) annual renewals of the vouchers allocated under subsection (c); and (3) administrative fees for vouchers allocated under subsection (c). (b) Eligible Households.--Amounts made available under subsection (a) may be used only for providing rental housing assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for an eligible family who initially-- (1) has an income that does not exceed 50 percent of the maximum income limitation for extremely low-income families established by the Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') pursuant to section 3(b)(2)(C) of the United States Housing Act of 1937; or (2) is an extremely low-income family that includes an individual who is an individual who is a recipient of supplemental security income benefits under title XVI of the Social Security Act. (c) Allocation.-- (1) Incremental vouchers.--The Secretary of Housing and Urban Development shall allocate 500,000 incremental vouchers in fiscal year 2022 and 1,000,000 incremental vouchers in increments of 500,000 in each calendar year from 2023 through 2025 under this section to public housing agencies pursuant to section 213(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439). (2) Selection criteria.--The Secretary shall, by notice in the Federal Register, establish selection criteria under such section 213(d) that prioritizes housing needs among families targeted under subsection (b) and severe housing hardship, such as experiencing homelessness, overcrowding or evictions. (3) Rental assistance.--Vouchers allocated under this subsection shall be vouchers for rental assistance under section 8(o) of the United States Housing Act of 1937. SEC. 3. ENTITLEMENT PROGRAM FOR HOUSING CHOICE VOUCHERS. (a) Entitlement.--During fiscal year 2026 and each fiscal year thereafter, any family that is otherwise eligible for tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) shall be entitled to such rental assistance in accordance with this section during such period that such family meets the requirements under subsection (c) or (d) as a qualified family. (b) Funding.--For fiscal year 2026 and each fiscal year thereafter, there is appropriated out of any money in the Treasury not otherwise appropriated the amount necessary-- (1) to provide assistance under section 8(o) of the United States Housing Act of 1937 in accordance with the entitlement under subsection (a) of this section for each qualified family in the amount determined under such section 8(o); and (2) to provide administrative fees under such section 8(q), as modified pursuant to subsection (i) of this section, in connection with each voucher for assistance provided pursuant to paragraph (1) of this subsection. (c) Qualified Families.--For purposes of this section, the term ``qualified family'' means the following: (1) Fiscal year 2026.--For fiscal year 2026, a family that meets the requirements under section 2(b) of this Act. (2) Fiscal year 2027.--For fiscal year 2027, a family having an income that-- (A) meets the requirements under section 2(b) of this Act; or (B) does not exceed 75 percent of the maximum income limitation for extremely low-income families established by the Secretary pursuant to section 3(b)(2)(C) of the United States Housing Act of 1937. (3) Fiscal year 2028.--For fiscal year 2028, an extremely low-income family. (4) Fiscal year 2029.--For fiscal year 2029, a very low- income family. (5) Fiscal year 2030 and after.--For fiscal year 2030 and each fiscal year thereafter, a low-income family. (d) Continuing Eligibility.--A family shall meet the requirements under this subsection as a qualifying family if the family-- (1) does not meet the requirements under subsection (c); and (2) was initially assisted under this section or section 2 of this Act and continues to be assisted. (e) Repeal of Income Targeting Requirement.--Effective October 1, 2028, section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by striking subsection (b). (f) Administering Agencies.-- (1) Regional consortia.--The Secretary shall encourage and provide for public housing agencies to form regional consortia to administer the program for rental assistance under this section with respect to geographical areas. (2) PHA designation.--The Secretary shall designate a public housing agency to administer assistance under this section in any area where no existing public housing agency has jurisdiction or where no agency with jurisdiction is adequately administering such assistance, subject to public comment and after consultation with States, public housing agencies, local governments, Indian tribes, and tribally designated housing agencies. (g) Use of Small Area Fair Market Rents.--Paragraph (1) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)) is amended-- (1) in subparagraph (B), by striking ``subparagraph (D)'' and inserting ``subparagraphs (D) and (F)''; and (2) by adding at the end the following new subparagraph: ``(F) Use of small area fair market rents.-- Effective for fiscal year 2022 and each fiscal year thereafter, the area fair market rents used for purposes of subparagraph (B) shall be stablished by the Secretary for zip code areas.''. (h) Project-Basing.-- (1) In general.--Notwithstanding subparagraph (A) of paragraph (13) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(A)), a public housing agency administering assistance under this section may enter into agreements to attach such assistance to a project in accordance with such paragraph, except that-- (A) a qualified family residing in a dwelling unit so assisted may at any time opt to use such assistance on a tenant-based basis for a different dwelling unit and, upon such a move, the public housing agency shall provide the qualified family with tenant-based rental assistance under this section; and (B) subparagraph (B) of such section 8(o)(13) (relating to percentage limitation) shall not apply with respect to assistance under this section. (2) Percentage limitation.--For purposes of section 8(o)(13)(B) of the United States Housing Act of 1937, all families assisted by a public housing agency under this section shall be counted as authorized units for the agency (i) Security Deposits.-- (1) Authority.--An agency administering assistance under this section may authorize a qualified family assisted under this section to use such assistance for security deposits and broker and application fees relating to obtaining a dwelling unit, except that the Secretary may establish a limitation on the amount of such assistance used pursuant to this subsection and for each authorized purpose under this subsection. (2) Recapture.--The Secretary shall require the return to the Secretary of any amounts used for a security deposit with respect to a dwelling unit upon the termination of the residence in such unit by an assisted family. (j) Administrative Fees.--Notwithstanding the administrative fee with respect to tenant-based assistance in effect on October 1, 2021, pursuant section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)), the Secretary shall, by regulation, establish a new administrative fee for such assistance, applicable to fiscal year 2022 and thereafter, that reflects local variation in the cost of administering a well-run housing choice voucher program and which encourages public housing agencies to expand housing choice for assisted families and increase the rate at which families issued vouchers use them successfully to lease housing. (k) Prohibition of Use Under Moving to Work Program.--None of the amounts made available by subsection (b) of this section or by section 2 of this Act may be used under, to carry out, or otherwise in connection with the Moving to Work demonstration program authorized by section 204 of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321), as expanded by section 239 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114-113; 129 Stat. 2897) or any other provision of law. (l) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe; tribally designated housing agency.--The terms ``Indian tribe'' and ``tribally designated housing agency'' have the meanings given such terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (2) Low-income family; very low-income family; extremely low-income family.--The terms ``low-income family'', ``very low-income family'', and ``extremely low-income family'' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (3) Public housing agency.--The term ``public housing agency'' has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (5) State.--The term ``State'' has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). SEC. 4. REPEAL OF INELIGIBILITY CRITERIA. (a) United States Housing Act of 1937.--Effective October 1, 2025, section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended-- (1) in subsection (q)(1), by adding at the end the following new subparagraph: ``(D) Inapplicability.--This subsection shall not apply to applicants for, or families assisted under, the entitlement program for housing choice vouchers under section 3 of the Ending Homelessness Act of 2021.''; and (2) in subsection (s), by striking ``or assisted housing program''. (b) Quality Housing and Work Responsibility Act of 1998.--The Quality Housing and Work Responsibility Act of 1998 is amended-- (1) in section 576 (42 U.S.C. 13661)-- (A) by inserting ``covered'' before ``federally assisted housing'' each place such term appears; and (B) by adding at the end the following new subsection: ``(f) Definition of Covered Federally Assisted Housing.--The term `covered federally assisted housing' has the meaning given the term `federally assisted housing' in section 579, except that the former term shall not include housing specified in subsection (a)(2)(B) of such section.''; and (2) in section 577(a) (42 U.S.C. 13662(a)), by adding after and below paragraph (2) the following new flush material: ``This subsection shall not apply to applicants for, or families assisted under, the entitlement program for housing choice vouchers under section 3 of the Ending Homelessness Act of 2021.''. SEC. 5. PROHIBITING HOUSING DISCRIMINATION BASED ON SOURCE OF INCOME. (a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Source of income' includes-- ``(1) current and future use of a tenant- or project-based housing voucher under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) and any form of Federal, State, or local housing assistance provided to a person or family or provided to a housing owner on behalf of a person or family, including rental vouchers, rental assistance, down payment assistance, other homeownership assistance, assistance to cover housing costs, and other rental and homeownership subsidies, or guarantees or financial assistance provided through government and nongovernment organizations, including both receipt of such assistance and compliance with its terms thereof; ``(2) income received as a monthly benefit under title II of the Social Security Act (42 U.S.C. 401 et seq.), as a supplemental security income benefit under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or as a benefit under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) or income provided through Federal, State, or local governments or nongovernment organizations, or through any public or State-supported general or disability income assistance program or the terms of such income; ``(3) income received by court order, including spousal support and child support; ``(4) any payment from a trust, guardian, conservator, co- signer, or relative; and ``(5) any other source of income or funds, including savings accounts and investments.''; (2) in section 804 (42 U.S.C. 3604)-- (A) by inserting ``source of income,'' after ``familial status,'' each place that term appears; and (3) in section 805 (42 U.S.C. 3605)-- (A) in subsection (a), by inserting ``source of income,'' after ``familial status,''; and (B) in subsection (c), by inserting ``source of income,'' after ``handicap,''; (4) in section 806 (42 U.S.C. 3606), by inserting ``source of income,'' after ``familial status,''; (5) in section 807 (42 U.S.C. 3607), by adding at the end the following new subsection: ``(c) Nothing under this title shall be construed to prohibit any entity from providing a preference for veterans or based on veteran status in the sale or rental of a dwelling or in the provision of services or facilities in connection therewith.''; (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by inserting ``source of income,'' after ``handicap,''; and (7) in section 810(f) (42 U.S.C. 3610(f)), by striking paragraph (4) and inserting the following: ``(4) During the period beginning on the date of enactment of the Ending Homelessness Act of 2021 and ending on the date that is 40 months after such date of enactment, each agency certified for purposes of this title on the day before such date of enactment shall, for purposes of this subsection, be considered certified under this subsection with respect to those matters for which the agency was certified on that date. If the Secretary determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the Secretary may extend such period by not more than 6 months.''. (b) Prevention of Intimidation in Fair Housing Cases.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``source of income (as defined in section 802),'' before ``or national origin'' each place that term appears. (c) Authorization of Appropriations for Enforcement.--There is authorized to be appropriated for contracts, grants, and other assistance-- (1) $90,000,000 for each of fiscal years 2022 through 2031 for the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a); (2) $47,000,000 for each of fiscal years 2022 through 2031 for the Fair Housing Assistance Program under the Fair Housing Act (42 U.S.C. 3601 et seq.); and (3) $3,000,000 for each of fiscal years 2022 through 2024 to the Secretary of Housing and Urban Development for a carrying out national media campaign to raise public awareness to help individuals understand their expanded rights under the Fair Housing Act and learn how to report incidents of housing discrimination. SEC. 6. FUNDING TO ADDRESS UNMET NEED. Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq) is amended-- (1) by redesignating section 491 (42 U.S.C. 11408; relating to rural housing stability grant program) as section 441; (2) by redesignating section 592 (42 U.S.C. 11408a; relating to use of FMHA inventory for transitional housing for homeless persons and for turnkey housing) as section 442; and (3) by adding at the end the following new subtitle: ``Subtitle E--Emergency Funding To Address Unmet Need ``SEC. 451. FUNDING TO ADDRESS UNMET NEEDS. ``(a) Direct Appropriations.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2022 through 2026, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need. ``(b) Formula Grants.-- ``(1) Allocation.--Amounts appropriated under subsection (a) for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph (2) of this subsection. ``(2) Formula.--The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of-- ``(A) the poverty rate in the geographic area represented by the collaborative applicant; ``(B) shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant; ``(C) the number of overcrowded housing units in the geographic area represented by the collaborative applicant; ``(D) the number of unsheltered homeless individuals and the number of chronically homeless individuals; and ``(E) any other factors that the Secretary considers appropriate. The formula shall provide priority to (i) collaborative applicants for which the local governments, within the area served by the applicant, have adopted local policies, such as through zoning and regulation, that leverage the private sector's participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as defined by the Secretary, for a minimum term of 15 years, and (ii) collaborative applicants for which the local governments have adopted policies that decriminalize homelessness. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. ``(3) Grants.--For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph (2) of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant. ``(4) Timing.--The funding formula required under paragraph (2) shall be established by regulations issued, after notice and opportunity for public comment, not later than 6 months after the date of enactment of this section. ``(c) Use of Grants.-- ``(1) In general.--Subject to paragraphs (2) through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b). ``(2) Permanent supportive housing requirement.-- ``(A) Requirement.--Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services. ``(B) Exemption.--The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph (A) if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that-- ``(i) chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or ``(ii) the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy. The Secretary shall consider and make a determination regarding each request for an exemption under this subparagraph not later than 60 days after receipt of such request. ``(3) Limitation on use for administrative expenses.--Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration. ``(4) Housing first requirement.--The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons. ``(d) Renewal Funding.--Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection (a) of such section. ``(e) Reporting to Congress.-- ``(1) Annual reports.--Not later than the expiration of the 12-month period beginning upon the first allocation of amounts made after the date of the enactment of this Act pursuant to subsection (b)(1), and annually thereafter, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate providing detailed information regarding the grants made under this section during the preceding year, the activities funded with such grant amounts, and the impact of such activities on the communities where such activities took place. ``(2) Collection of information by secretary.--The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under paragraph (1). ``SEC. 452. OUTREACH FUNDING. ``(a) Direct Appropriation.--There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2022 through 2026, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless. ``(b) Grants.-- ``(1) In general.--The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402. ``(2) Priority.--The competition for grants under this section shall provide priority-- ``(A) to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c); ``(B) to collaborative applicants for which the local governments, within the area served by the applicant, have adopted local policies, such as through zoning and regulation, that leverage the private sector's participation to provide housing that is reserved and affordable to low-, very low-, and extremely low-income households, as defined by Secretary, for a minimum term of 15 years; and ``(C) to collaborative applicants for which the local governments have adopted policies that decriminalize homelessness. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. ``(c) Use of Grants.--A collaborative applicant that receives a grant under this section-- ``(1) may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless; and ``(2) shall not use grant amounts for any law enforcement purposes. ``(d) Timing.--The Secretary shall establish the criteria for the competition for grants under this section required under subsection (b) by regulations issued, after notice and opportunity for public comment, not later than 6 months after the date of enactment of this section.''. SEC. 7. HOUSING TRUST FUND. (a) Funding.-- (1) Annual funding.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for each of fiscal years 2022 through 2026, $1,000,000,000, to remain available until expended, which shall be credited to the Housing Trust Fund established pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use under such section. (2) Priority for housing the homeless.-- (A) Priority.--During the first 5 fiscal years that amounts are made available under this subsection, the Secretary of Housing and Urban Development shall ensure that priority for occupancy in dwelling units described in subparagraph (B) that become available for occupancy shall be given to persons and households who are homeless (as such term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). (B) Covered dwelling units.--A dwelling unit described in this subparagraph is any dwelling unit that-- (i) is located in housing that was at any time provided assistance with any amounts from the Housing Trust Fund referred to paragraph (1) that were credited to such Trust Fund by such paragraph; or (ii) is receiving assistance described in paragraph (2) with amounts made available under such paragraph. (b) Tenant Rent Contribution.-- (1) Limitation.--Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended-- (A) by striking ``except that not less than 75 percent'' and inserting the following: ``except that-- ``(i) not less than 75 percent''; (B) by adding at the end the following new clause: ``(ii) notwithstanding any other provision of law, all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in the dwelling unit shall not exceed 30 percent of the adjusted income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) of such family; and''. (2) Regulations.--The Secretary of Housing and Urban Development shall issue regulations to implement section 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by the amendment made by paragraph (1)(B) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act. SEC. 8. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS. (a) Funding.--There is hereby made available to the Secretary of Housing and Urban Development $20,000,000, to remain available until expended, for providing technical assistance under section 405 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) to integrate and coordinate assistance provided under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) with health care funded by Federal programs, in collaboration with the United States Interagency Council on Homelessness and the Secretary of Health and Human Services. (b) Use.--In allocating amounts made available by subsection (a), the Secretary shall seek to-- (1) assist States and localities in integrating and aligning policies and funding between Medicaid programs, behavioral health providers, and housing providers to create supportive housing opportunities; and (2) engage State Medicaid program directors, Governors, State housing and homelessness agencies, any other relevant State offices, and any relevant local government entities, to assist States in increasing use of their Medicaid programs to finance supportive services for homeless persons. (c) Priority.--In using amounts made available under this section, the Secretary shall give priority-- (1) to use for States and localities having the highest numbers of chronically homeless persons; and (2) to assist localities that have adopted local policies, such as through zoning and regulation, that leverage the private sector's participation to provide and make housing affordable for low-, very low-, and extremely low-income household, as defined by the Secretary, for a minimum of 15 years. The Secretary shall establish by regulation the process and manner that local governments will be evaluated. The Secretary shall ensure that local governments are not incentivized or otherwise rewarded for eliminating or undermining the intent of zoning regulations or other regulations or policies that establish fair wages for laborers, ensure health and safety of buildings for residents and the general public, protect fair housing, establish environmental protections, establish standards for resiliency, prevent tenant displacement, or any other requirements that the Secretary determines it is in the public interest to preserve. SEC. 9. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-VENTO HOMELESS ASSISTANCE ACT GRANTS. Section 408 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11364) is amended to read as follows: ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year.''. SEC. 10. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS. Section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is hereby repealed. SEC. 11. ELIGIBILITY OF PRIVATE NONPROFIT ORGANIZATIONS FOR FUNDING. Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall provide that private nonprofit organizations (as such term is defined in section 401 of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11360)) that are eligible entities (as such term is defined in such section 401), including faith-based such organizations that are eligible entities, shall be eligible for assistance made available or authorized by this Act or by the amendments made by this Act (but not including assistance under section 452 of the McKinney-Vento Homeless Assistance Act, as added by section 3 of this Act), and shall be eligible to be subgrantees for entities receiving amounts made available or authorized by this Act or by the amendments made by this Act. SEC. 12. ELIGIBILITY OF FAITH-BASED ORGANIZATIONS. Notwithstanding any other provision of law, in determining eligibility for assistance made available by this Act or the amendments made by this Act or for which appropriations are authorized by this Act or the amendments made by this Act, 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. SEC. 13. CONFORMING AMENDMENTS. The table of sections in section 101(b) of the McKinney-Vento Homeless Assistance Act is amended-- (1) in the item relating to title II, by striking ``INTERAGENCY COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS''; (2) by striking the item relating to section 209; (3) in the item relating to section 491, by striking ``491'' and inserting ``441''; (4) in the item relating to section 492, by striking ``492'' and inserting ``442''; and (5) by inserting before the item relating to title V the following: ``Subtitle E--Emergency Funding To Address Unmet Need ``Sec. 451. Funding to address unmet needs. ``Sec. 452. Outreach funding.''. <all>

Ending Homelessness Act of 2021

To provide a path to end homelessness in the United States, and for other purposes.

Ending Homelessness Act of 2021

Rep. Waters, Maxine

D

CA

S.3356

Education

Elementary and Secondary School Counseling Act This bill directs the Department of Education to award formula grants to state educational agencies and, through them, subgrants to local educational agencies to increase access to school-based, mental-health-services providers at high-need public elementary and secondary schools.

To effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Counseling Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One in 5 children ages 13 through 18 has, or will have, a serious mental illness. (2) 11 percent of youth have a mood disorder, 10 percent of youth have a behavior or conduct disorder, and 8 percent of youth have an anxiety disorder. (3) 50 percent of all lifetime cases of mental illness begin by age 14. 37 percent of students with a mental health condition age 14 and older drop out of school, which is the highest school dropout rate of any disability group. (4) 70 percent of youth in State and local juvenile systems have a mental illness. (5) Youth with access to mental health services in school- based health centers are 10 times more likely to seek care for mental health or substance abuse than youth without access. (6) The leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of School Psychologists, the National Association of Social Workers, and the School Social Work Association of America, recommend that schools maintain-- (A) a maximum student to school counselor ratio of 250 to 1; (B) a maximum student to school psychologist ratio of 500 to 1; and (C) a maximum student to school social worker ratio of 250 to 1. SEC. 3. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``State'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) High-need school.--The term ``high-need school'' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). (3) School-based mental health services provider.--The term ``school-based mental health services provider'' includes a State-licensed or State certified school counselor, school psychologist, school social worker, community-based mental health provider organization, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANTS AND SUBGRANTS. (a) Program Authorized.-- (1) In general.--The Secretary shall award formula grants, from allotments made under subsection (b), to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies in order to increase access to school-based mental health services providers at high-need schools served by the local educational agencies. (2) Duration.--A grant awarded under this section shall be for a 5-year period and may be renewed for additional 5-year periods upon a showing of adequate progress on meeting the goals of the grant, as determined by the Secretary. (b) Formula Grants.-- (1) In general.-- (A) Formula.--From the total amount made available under section 5 for a fiscal year, the Secretary shall allot to each such State that submits a complete application an amount that bears the same relationship to such total amount as the amount received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) by such State for such fiscal year bears to the amount received under such part for such fiscal year by all States. (B) Small state minimum.--No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. (2) Matching requirements.--In order to receive an allotment under this paragraph, a State shall agree to provide matching funds, in an amount equal to 20 percent of the amount of the allotment, toward the costs of the activities carried out under the grant. (c) Application.--A State educational agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include, at a minimum-- (1) a description of how the State educational agency will award subgrants to local educational agencies under subsection (d); (2) a description of how the State educational agency will disseminate, in a timely manner, information regarding the subgrants and the application process for such subgrants to local educational agencies; and (3) the ratios, as of the date of application, of students to school-based mental health services providers in each public elementary school and secondary school in the State, in the aggregate and disaggregated to include-- (A) the ratios of students to school counselors, school psychologists, and school social workers; and (B) as applicable, the ratios of students to other school-based mental health services providers not described in subparagraph (A), in the aggregate and disaggregated by type of provider. (d) Subgrants.-- (1) In general.--A State educational agency receiving a grant under this section shall use grant funds to award subgrants, on a competitive basis, to local educational agencies in the State, to enable the local educational agencies to-- (A) employ school-based mental health services providers or contract with community mental health centers to work at high-need schools served by the local educational agency; and (B) work toward effectively staffing the high-need schools of the State with school-based mental health services providers, including by meeting the recommended maximum ratios of-- (i) 250 students per school counselor; (ii) 500 students per school psychologist; and (iii) 250 students per school social worker. (2) Priority.--In awarding subgrants under this subsection, the State shall give priority to local educational agencies that serve a significant number of high-need schools. (3) Application.--A local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families. (e) Grant and Subgrant Requirements.-- (1) Supplement, not supplant.--Amounts provided under a grant or subgrant under this section shall supplement, and not supplant, any other funds available to a State educational agency or local educational agency for school-based mental health services. (2) Combining funds allowed.--A State educational agency receiving a grant under this section may combine funds made available under this section with State or local funds to carry out the activities described in subsection (d)(1). (f) Reports.-- (1) Local educational agencies.--A local educational agency that receives a subgrant under this section shall submit a report to the State on the activities carried out with the subgrant funds. (2) State.--A State educational agency receiving a grant under this section shall annually prepare and submit a report to the Secretary that-- (A) evaluates the progress made in achieving the purposes of the grant; (B) includes the most recent student to provider ratios, in the aggregate and disaggregated as provided in subsection (c)(3), for public elementary schools and secondary schools in the State that were assisted under the grant under this section; and (C) describes any other resources needed to meet the required recommended maximum student to school- based mental health services provider ratios. (3) Public availability.--The Secretary shall make all reports submitted under this subsection available to the public, including through the website of the Department. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. In order to provide school-based mental health services providers in high-need schools in the States, there are authorized to be appropriated to carry out this Act-- (1) $5,000,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each succeeding fiscal year. <all>

Elementary and Secondary School Counseling Act

A bill to effectively staff the high-need public elementary schools and secondary schools of the United States with school-based mental health services providers.

Elementary and Secondary School Counseling Act

Sen. Merkley, Jeff

D

OR