summary
stringlengths 91
114k
| text
stringlengths 566
2.5M
| title
stringlengths 5
396
|
|---|---|---|
Protect and Serve Act of 2021 This bill establishes a new criminal offense for knowingly assaulting a law enforcement officer and causing serious bodily injury (or attempting to do so) in circumstances that affect interstate commerce. It imposes criminal penalties—a prison term, a fine, or both—on a violator. | 117 S774 IS: Protect and Serve Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 774 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Tillis Mr. Portman Mr. Inhofe Mr. Hawley Mr. Burr Mr. Scott of Florida Mr. Boozman Mr. Braun Mr. Moran Mrs. Capito Mr. Daines Mrs. Blackburn Mr. Thune Mr. Cramer Mr. Wicker Mr. Cotton Ms. Collins Committee on the Judiciary A BILL To amend title 18, United States Code, to punish criminal offenses targeting law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the Protect and Serve Act of 2021 2. Crimes targeting law enforcement officers (a) In general Chapter 7 120. Crimes targeting law enforcement officers (a) In general Whoever, in any circumstance described in subsection (b), knowingly assaults a law enforcement officer causing serious bodily injury, or attempts to do so— (1) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (2) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (A) death results from the offense; or (B) the offense includes kidnapping or an attempt to kidnap, or an attempt to kill. (b) Circumstances described For purposes of subsection (a), the circumstances described in this subsection are that— (1) the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim— (A) across a State line or national border; or (B) using a channel, facility, or instrumentality of interstate or foreign commerce; (2) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subsection (a); (3) in connection with the conduct described in subsection (a), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (4) the conduct described in subsection (a)— (A) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (B) otherwise affects interstate or foreign commerce; or (5) the victim is a Federal law enforcement officer. (c) Certification requirement (1) In general No prosecution of any offense described in this section may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (A) the State does not have jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in protecting the public safety; or (D) a prosecution by the United States is in the public interest and necessary to secure substantial justice. (2) Rule of construction Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (d) Definitions In this section: (1) Law enforcement officer The term law enforcement officer (A) to engage in or supervise the prevention, detection, or the investigation of any criminal violation of law; or (B) to engage in or supervise the detention or the incarceration of any person for any criminal violation of law. (2) State The term State . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 120. Crimes targeting law enforcement officers. . | Protect and Serve Act of 2021 |
End Taxpayer Funding of Gender Experimentation Act of 2021 This bill modifies provisions relating to federal funding for, and health insurance coverage of, gender reassignment medical interventions, which include surgical remedies and hormone therapy arising from a conflict between an individual's gender identity and the sex the individual has or was identified as having at birth. Specifically, the bill prohibits the use of federal funds for gender reassignment medical interventions or for health coverage that includes such interventions. Additionally, such interventions may not be provided in a federal health care facility or by a federal employee. Under current law, coverage of these interventions through Medicare and Medicaid is generally determined at the state level. The bill's restrictions regarding the use of federal funds do not apply to treatment of individuals with medically verifiable disorders of sex development, such as individuals born with atypical development of chromosomal, gonadal, or anatomical sex. The bill also prohibits qualified health plans from including coverage for gender reassignment medical interventions. Further, plans that include coverage for such interventions are not eligible for federal subsidies. | 111 S777 IS: End Taxpayer Funding of Gender Experimentation Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 777 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Marshall Mr. Braun Mr. Cotton Mrs. Blackburn Mr. Lee Mrs. Hyde-Smith Committee on Finance A BILL To prohibit taxpayer-funded gender reassignment medical interventions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the End Taxpayer Funding of Gender Experimentation Act of 2021 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Prohibiting Federally Funded Gender Reassignment Medical Interventions Sec. 101. Prohibiting taxpayer-funded gender reassignment medical interventions. Sec. 102. Amendment to table of chapters. Title II—Application under the Affordable Care Act Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. I Prohibiting Federally Funded Gender Reassignment Medical Interventions 101. Prohibiting taxpayer-funded gender reassignment medical interventions Title 1, United States Code, is amended by adding at the end the following new chapter: 4 Prohibiting taxpayer-funded gender reassignment medical interventions 301. Prohibition on funding for gender reassignment medical interventions. 302. Prohibition on funding for health benefits plans that cover gender reassignment medical interventions. 303. Limitation on Federal facilities and employees. 304. Construction relating to separate coverage. 305. Construction relating to the use of non-Federal funds for health coverage. 306. Construction relating to complications arising from gender reassignment medical interventions. 307. Treatment of individuals born with medically verifiable disorder of sex development. 308. Gender reassignment medical intervention defined. 301. Prohibition on funding for gender reassignment medical interventions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any gender reassignment medical intervention. 302. Prohibition on funding for health benefits plans that cover gender reassignment medical interventions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of gender reassignment medical interventions. 303. Limitation on Federal facilities and employees No health care service furnished— (1) by or in a health care facility owned or operated by the Federal Government; or (2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician’s or individual’s employment, may include gender reassignment medical interventions. 304. Construction relating to separate coverage Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate coverage for gender reassignment medical interventions or health benefits coverage that includes gender reassignment medical interventions so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 305. Construction relating to the use of non-Federal funds for health coverage Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering coverage for gender reassignment medical interventions, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 306. Construction relating to complications arising from gender reassignment medical interventions Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender reassignment medical intervention. This rule of construction shall be applicable without regard to whether the gender reassignment medical intervention was performed in accord with Federal or State law, and without regard to whether funding for the gender reassignment medical intervention is permissible under section 307. 307. Treatment of individuals born with medically verifiable disorder of sex development The limitations established in sections 301, 302, and 303 shall not apply with respect to the following individuals: (1) An individual with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue. (2) An individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or female. 308. Gender reassignment medical intervention defined For purposes of this chapter, the term gender reassignment medical intervention (1) performing a surgery that sterilizes an individual, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, penectomy, phalloplasty, and vaginoplasty, to change the body of such individual to correspond to a sex that is discordant with biological sex; (2) performing a mastectomy on an individual for the purpose described in paragraph (1); and (3) administering or supplying to an individual medications for the purpose described in paragraph (1), including— (A) GnRH agonists or other puberty-blocking drugs to stop or delay normal puberty; (B) testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; and (C) estrogen to biological males at doses that are supraphysiologic to the male sex. . 102. Amendment to table of chapters The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: 4. Prohibiting taxpayer-funded gender reassignment medical interventions 301 . II Application under the Affordable Care Act 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA (a) In general (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for gender reassignment medical interventions (A) In general Subparagraph (A) of section 36B(c)(3) or any health plan that includes coverage for gender reassignment medical interventions (other than any gender reassignment medical intervention or treatment described in section 306 or 307 of title 1, United States Code) (B) Option to purchase or offer separate coverage or plan Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: (C) Separate coverage or plan for gender reassignment medical interventions allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for gender reassignment medical interventions described in such subparagraph, or a health plan that includes such gender reassignment medical interventions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for gender reassignment medical interventions described in such subparagraph, or a plan that includes such gender reassignment medical interventions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). . (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for gender reassignment medical interventions Subsection (h) of section 45R (A) by striking Any term (1) In general Any term ; and (B) by adding at the end the following new paragraph: (2) Exclusion of health plans including coverage for gender reassignment medical interventions (A) In general The term qualified health plan (B) Separate coverage or plan for gender reassignment medical interventions allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for gender reassignment medical interventions described in such subparagraph, or a health plan that includes such gender reassignment medical interventions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for gender reassignment medical interventions described in such subparagraph, or a plan that includes such gender reassignment medical interventions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section. . (b) Application to multi-State plans Section 1334(a) of Public Law 111–148 42 U.S.C. 18054(a) (8) Coverage consistent with Federal policy regarding gender reassignment medical interventions In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 . (c) Effective date The amendments made by subsection (a) shall apply to taxable years ending after the date that is one year after the date of enactment of this Act, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. | End Taxpayer Funding of Gender Experimentation Act of 2021 |
Protecting Children From Experimentation Act of 2021 This bill establishes a new criminal offense for performing gender reassignment medical interventions on minors. It also provides that a minor who receives such an intervention may bring a civil action against each person who performed that intervention. The bill defines these interventions as certain surgeries or the use of hormones to change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. It excludes, however, interventions in cases where an individual has ambiguous external biological sex characteristics or where a physician has determined that an individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action. An individual who performs these interventions on a minor is subject to criminal penalties—a fine, a prison term of up to five years, or both. A minor who receives these medical interventions may not be arrested or prosecuted for an offense under this bill. | 117 S778 IS: Protecting Children From Experimentation Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 778 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Marshall Mr. Braun Mrs. Blackburn Mrs. Hyde-Smith Committee on the Judiciary A BILL To amend chapter 110 1. Short title This Act may be cited as the Protecting Children From Experimentation Act of 2021 2. Gender reassignment medical interventions on minors prohibited Chapter 110 (1) by adding at the end the following: 2260B. Gender reassignment medical interventions on minors (a) In general Whoever knowingly performs any gender reassignment medical intervention on a minor shall be fined under this title, imprisoned not more than 5 years, or both. (b) Prohibition on prosecution of person on whom intervention is performed No person on whom the gender reassignment medical intervention under subsection (a) is performed may be arrested or prosecuted for an offense under this section. (c) Civil action A person on whom a gender reassignment medical intervention is performed under this section may bring a civil action for appropriate relief against each person who performed the gender reassignment medical intervention. (d) Definitions In this section: (1) Gender reassignment medical intervention (A) In general For purposes of this chapter, except as provided in subparagraph (B), the term gender reassignment medical intervention (i) performing a surgery that sterilizes an individual, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, penectomy, phalloplasty, and vaginoplasty, to change the body of such individual to correspond to a sex that is discordant with biological sex; (ii) performing a mastectomy on an individual for the purpose described in clause (i); or (iii) administering or supplying to an individual medications for the purpose described in clause (i), including— (I) GnRH agonists or other puberty-blocking drugs to stop or delay normal puberty; (II) testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; or (III) estrogen to biological males at doses that are supraphysiologic to the male sex. (B) Exception Subparagraph (A) shall not apply to the following individuals: (i) An individual with external biological sex characteristics that are irresolvably ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue. (ii) An individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female. (2) Minor The term minor ; and (2) by amending the table of sections for such chapter by adding at the end the following: 2260B. Gender reassignment medical interventions on minors. . | Protecting Children From Experimentation Act of 2021 |
Protecting Americans with Pre-Existing Conditions Act of 2021 This bill nullifies specified guidance and final rule provisions pertaining to Section 1332 waivers (also known as State Innovation Waivers or State Relief and Empowerment Waivers) issued by the Department of the Treasury and the Department of Health and Human Services. The provisions allow states to forego certain requirements of the Patient Protection and Affordable Care Act in order to implement experimental plans for health care coverage, as long as the resulting coverage meets certain statutory criteria. The provisions, which supersede earlier guidance from 2015, alter agency interpretation of how states may satisfy the statutory criteria for waiver approval. For example, the provisions (1) redefine acceptable coverage under such waivers to include short-term, limited-duration insurance and association health plans; (2) allow the comprehensiveness and affordability of coverage under such waivers to be assessed based on projected availability, rather than enrollment; and (3) allow the level of coverage to be assessed based on the effects over the entire course of the waiver, rather than per year. | 117 S779 IS: Protecting Americans with Pre-Existing Conditions Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 779 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Warner Mrs. Shaheen Mr. Cardin Ms. Baldwin Mr. Carper Mr. Murphy Mr. Peters Mr. Reed Ms. Duckworth Mr. Kaine Mr. Blumenthal Mr. Menendez Ms. Smith Mr. Merkley Ms. Cortez Masto Mr. Van Hollen Mrs. Gillibrand Mr. Booker Mr. Durbin Mr. Luján Mr. Markey Ms. Warren Ms. Rosen Ms. Klobuchar Ms. Stabenow Mr. Casey Mrs. Murray Mr. Wyden Mr. Tester Mr. Padilla Committee on Finance A BILL To provide that certain rules and guidance related to waivers for State innovation under the Patient Protection and Affordable Care Act shall have no force or effect. 1. Short title This Act may be cited as the Protecting Americans with Pre-Existing Conditions Act of 2021 2. Providing that certain rules and guidance related to waivers for State innovation under the Patient Protection and Affordable Care Act shall have no force or effect (a) In general The Secretary of Health and Human Services and the Secretary of the Treasury may not take any action to implement, enforce, or otherwise give effect to the rules and guidance described in subsection (b), and no such rules and guidance shall have any force or effect. (b) Rules and guidance The rules and guidance described in this subsection are the following: (1) The provisions in the final rule issued by the Secretary of Health and Human Services and the Secretary of the Treasury on January 19, 2021, relating to Updates to State Innovation Waiver (Section 1332 Waiver) Implementing Regulations (2) The guidance issued by such Secretaries entitled State Relief and Empowerment Waivers | Protecting Americans with Pre-Existing Conditions Act of 2021 |
Puerto Rico Statehood Admission Act This bill establishes a process for the admission of Puerto Rico into the union as a state, on an equal footing with all other states, based on a majority vote of the people of Puerto Rico. | 56 S780 IS: Puerto Rico Statehood Admission Act U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 780 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Heinrich Mr. Padilla Mr. Wyden Mr. Schatz Committee on Energy and Natural Resources A BILL To provide for the admission of the State of Puerto Rico into the Union. 1. Short title This Act may be cited as the Puerto Rico Statehood Admission Act 2. Findings The Congress finds the following: (1) The United States national sovereignty in Puerto Rico was established by the Treaty of Paris between the United States and the Kingdom of Spain (30 Stat. 1754), signed on December 10, 1898. (2) Puerto Rico is governed by the United States under laws enacted by Congress in the exercise of its power to make rules and regulations governing territory belonging to the United States, pursuant to article IV, section 3, clause 2 of the Constitution. (3) For reasons of precedent primarily related to the Philippines also ceded by Spain after the Spanish-American War, substantially the same majority in the United States Supreme Court that established the separate but equal (4) After agreeing to independence for the Philippines, also acquired through the Spanish-American War, on March 2, 1917, Congress granted statutory United States citizenship to the residents of Puerto Rico. Such action has historically led to incorporation and eventual statehood but was denied to Puerto Rico due to anomalies emanating from the 1901 Downes ruling and its progeny, even as fellow Americans in Hawaii and Alaska attained statehood. (5) Puerto Rico has a territorial constitution that is republican in form and compatible with the United States Constitution as well as the principles of the Declaration of Independence, and that is equivalent to a State constitution, having been democratically ratified by the United States citizens of the territory on November 4, 1952, and subsequently approved by the Congress of the United States through Public Law 82–447 (6) Thirty-two territories previously have petitioned Congress for statehood based on democratically expressed consent of the governed, and each was duly admitted as a State of the Union pursuant to article IV, section 3, clause 1 of the United States Constitution, with equal rights and responsibilities of national and State citizenship under the United States Constitution. (7) Puerto Ricans have contributed greatly to the nation and its culture and distinguished themselves in every field of endeavor. However, the denial of equal voting representation and equal treatment by the Federal Government stands in stark contrast to their contributions. (8) Since becoming a United States territory, more than 235,000 American citizens of Puerto Rican heritage have served in the United States military. (9) Thousands of United States military service members of Puerto Rican heritage have received numerous medals, distinctions, and commendations of every degree, including for valorous military service in the twentieth and twenty-first centuries. (10) Nine United States military service members from Puerto Rico have been awarded the Medal of Honor, and many have been awarded the Distinguished Service Cross or the Navy Cross. (11) The 65th Infantry Regiment in Puerto Rico (known as the Borinqueneers Public Law 113–120 (12) To further recognize and pay tribute to the bravery of the Puerto Rican soldiers of the 65th Infantry Regiment, Congress expressed support for the designation of April 13 as National Borinqueneers Day in the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (13) Unincorporated territory status means that Federal laws can be applied to Puerto Rico and its American citizens differently, on unequal and, at times inequitable terms, compared not only to the States and their residents, but also unlike territories that are parts of the United States. This has limited the development of Puerto Rico and hindered its economy. (14) Unincorporated territory status has resulted in millions of residents leaving Puerto Rico to secure equal rights of citizenship attainable only in a State, and that enable Americans to seek greater opportunities and a better quality of life in the States. Approximately 65 percent of all people of Puerto Rican origin now live in the States, with the increasing rate of population loss in the territory creating a severe strain on the local tax base and workforce participation. (15) Other than its unincorporated territory status and its unequal treatment under some Federal laws, Puerto Rico is socially, economically, politically, and legally integrated into the nation. Numerous territories admitted as States did not have as strong a record of self-determination favoring statehood as the majority votes by American citizens in Puerto Rico favoring admission to the Union. (16) In November 2012, a majority of voters rejected continuation of the current territory status, and 61.2 percent of those expressing a choice on status alternatives chose statehood. (17) In June 2017, a vote was held to confirm the aspirations of the people of Puerto Rico. As advised by the United States Department of Justice, all available status options were included in the ballot. Amid an opposition boycott, statehood received 97 percent of the votes cast, while independence and the current status received less than 3 percent of the vote. (18) In November 2020, following Alaska and Hawaii precedent, Puerto Rico voters were presented with the question: Should Puerto Rico be admitted immediately into the Union as a State? Yes or No (19) In December 2020, the Puerto Rico legislature, following the absolute majority victory obtained by statehood in the plebiscite, approved a Joint Resolution petitioning, on behalf of the People of Puerto Rico, that Congress and the President of the United States admit Puerto Rico into the Union as a State and appointed official representatives to manage the transition to statehood. (20) No large and populous United States territory inhabited by American citizens that has petitioned for statehood has been denied admission into the Union. 3. Admission Subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c), the Commonwealth of Puerto Rico is hereby declared to be a State of the United States of America, and as such shall be declared admitted into the Union on an equal footing with the other States in all respects. 4. Physical territory The State of Puerto Rico shall consist of all the islands, together with their appurtenant reefs, seafloor, and territorial waters in the seaward boundary, presently under the jurisdiction of the territory of Puerto Rico. 5. Constitution The constitution of the State of Puerto Rico shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. The constitution of the Commonwealth of Puerto Rico, as approved by Public Law 82–447 6. Certification by President Upon enactment of this Act, the President of the United States shall certify such fact to the Governor of Puerto Rico. Thereupon the Governor shall, within 30 days after receipt of the official notification of such approval, issue a proclamation for the election of Senators and Representatives in Congress. 7. Ratification vote (a) Ratification of Proposition At an election designated by proclamation of the Governor of Puerto Rico, which may be either the primary or the general election held pursuant to section 8, or a territorial general election, or a special election, there shall be submitted to voters, for adoption or rejection, a ballot with the following ratification question: Shall Puerto Rico immediately be admitted into the Union as a State, in accordance with terms prescribed in the Act of Congress approved ........... (date of approval of this Act)?: Yes _____ No _____. (b) Certified Results If the foregoing proposition is adopted by a majority of the votes cast in the election conducted under subsection (a), the President of the State Elections Commission of Puerto Rico shall certify the results of the election and shall transmit the certified results of the election to the Governor. Not later than 10 days after the date of certification, the Governor shall declare the results of the election and transmit the certified results of the submission to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives. (c) Presidential Proclamation Upon receipt of the Governor’s declaration pursuant to subsection (b), the President of the United States shall issue a proclamation declaring certified the results of the submission and the date Puerto Rico is admitted as a State of the Union on an equal footing with all other States, which date must follow the certification of results of the general elections required by section 6 of this Act, but not later than 12 months from the date on which the aforementioned submission results were certified in order to facilitate a transition process. Upon issuance of the proclamation by the President, Puerto Rico shall be deemed admitted into the Union as a State. (d) Termination of Act if Proposition Not Adopted If the foregoing proposition is not adopted by a majority votes cast in the election conducted under subsection (a), the provisions of this Act shall cease to be effective. 8. Election of officers / submission of proposition The proclamation by the Governor in section 6 shall designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation in the Senate and the House of Representatives in accordance with the following: (1) In the first election of Senators, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. Nothing in this section shall impair the privilege of the Senate to determine the class and term to which each of the Senators-elect shall be assigned. (2) In the first election of Representatives following admission, and subsequent elections until the next Census-based reapportionment cycle, Puerto Rico shall be entitled to the same number of Representatives as the State whose most recent Census population was closest to, but less than, that of Puerto Rico, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, 2 U.S.C. 2a (3) The President of the State Elections Commission of Puerto Rico shall certify the results of such primary and general elections to the Governor. Within 10 days of the date of each certification, the Governor shall declare the results of the primary and general elections, and transmit the results of each election to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives. 9. Continuity of laws, government, and obligations Upon the admission of the State of Puerto Rico into the Union, the following shall apply: (1) Continuity of Laws All laws of the United States and laws of Puerto Rico not in conflict with this Act shall continue in full force and effect following the date of admission of Puerto Rico as a State of the Union. (2) Continuity of Government The individuals holding legislative, executive, and judicial offices of Puerto Rico shall continue to discharge the duties of their respective offices when Puerto Rico becomes a State of the Union. (3) Continuity of Obligations All contracts, obligations, liabilities, debts, and claims of the Commonwealth of Puerto Rico and its instrumentalities shall continue in full force and effect as the contracts, obligations, liabilities, debts, and claims of the State of Puerto Rico and its instrumentalities. (4) Title to Property The State of Puerto Rico and its political subdivisions, as the case may be, shall have and retain title to all lands and other properties, real and personal, over which the territory and its subdivisions presently hold title. The United States shall retain title to all property, real and personal, to which it presently has title, including public lands. 10. Repeals All Federal and territorial laws, rules, and regulations, or parts of Federal and territorial laws, rules, and regulations, applicable to Puerto Rico that are incompatible with the political and legal status of statehood under the Constitution and the provisions of this Act are repealed and terminated as of the date of statehood admission proclaimed by the President under section 7(c) of this Act. Except for those parts that are not in conflict with this Act and the condition of statehood, the following shall be deemed repealed upon the effective date of the admission of Puerto Rico as a State: (1) The Puerto Rican Federal Relations Act of 1950 ( Public Law 81–600 (2) The Act of July 3, 1950 ( 48 U.S.C. 731b–731e (3) The Act of March 2, 1917 ( Public Law 64–368 (4) The Act of April 12, 1900 ( Public Law 56–191 11. Severability If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid by a court of jurisdiction, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby. | Puerto Rico Statehood Admission Act |
Elaine M. Checketts Military Families Act of 2021 This bill directs the Department of Defense to amend regulations to provide that approved parental leave shall not terminate upon the death of the child for whom the leave is taken. | 117 S781 IS: Elaine M. Checketts Military Families Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 781 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Cornyn Ms. Duckworth Ms. Ernst Mr. Cruz Mr. Braun Mr. King Mrs. Shaheen Ms. Stabenow Committee on Armed Services A BILL To provide for the continuation of paid parental leave for members of the Armed Services in the event of the death of the child. 1. Short title This Act may be cited as the Elaine M. Checketts Military Families Act of 2021 2. Continuation of paid parental leave upon death of child Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the regulations prescribed pursuant to subsections (i) and (j) of section 701 of title 10, United States Code, to provide that the eligibility of primary and secondary caregivers for paid parental leave that has already been approved shall not terminate upon the death of the child for whom such leave is taken. | Elaine M. Checketts Military Families Act of 2021 |
Nursing Home Reform Modernization Act of 2021 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a ranking system and related programs for Medicare skilled nursing facilities and Medicaid nursing facilities, taking into account the findings and recommendations of a specified advisory council. Specifically, the bill establishes the Advisory Council on Skilled Nursing Facility Rankings under Medicare and Nursing Facility Rankings under Medicaid. The council must study processes and make related recommendations for rankings, including with respect to appropriate metrics, data sources, and quality control. The CMS must then develop a ranking system and use the system to implement a high-rated facility program and a low-rated facility program. Facilities in the low-rated facility program are subject to progressive enforcement actions of increasing severity until they meet applicable standards; facilities in the high-rated facility program may also have their designations suspended if they fail to meet the requisite standards. The CMS must post facility designations on the Nursing Home Compare website in a specified manner. The Government Accountability Office must report on the quality of services provided by facilities and their compliance with applicable requirements, including the effectiveness of the bill's low-rated facility program. | 117 S782 IS: Nursing Home Reform Modernization Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 782 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Casey Mr. Toomey Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to modernize Federal nursing home protections and to enhance care quality and transparency for nursing home residents and their families. 1. Short title This Act may be cited as the Nursing Home Reform Modernization Act of 2021 2. Improvements to nursing facilities under the Medicare and Medicaid programs (a) Advisory Council on Skilled Nursing Facility Rankings under Medicare and Nursing Facility Rankings under Medicaid (1) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall establish the Advisory Council on Skilled Nursing Facility Rankings under Medicare and Nursing Facility Rankings under Medicaid (in this subsection referred to as the Advisory Council (2) Membership The Secretary shall ensure that the membership of the Advisory Council includes equal representation from the following: (A) Consumers with nursing home experience, including adults age 65 and older, individuals with disabilities, family caregivers, and their advocates. (B) Skilled nursing facilities and nursing facilities, including nonprofit facilities. (C) Academics with expertise in nursing home oversight. (D) Health professionals with nursing home experience, such as physicians, nurses, pharmacists, certified nursing assistants, and direct care professionals. (E) Professionals with expertise in quality measurement. (F) Professionals with expertise in emergency management. (G) State surveying agencies. (H) State Long-Term Care Ombudsman programs. (I) The Medicare Payment Advisory Commission. (J) The Medicaid and CHIP Payment and Access Commission. (K) The Centers for Medicare & Medicaid Services. (L) Other representatives as the Secretary determines appropriate. (3) Duties (A) Study The Advisory Council shall conduct a study of processes for ranking skilled nursing facilities and nursing facilities under paragraph (9) of section 1819(f) of the Social Security Act, as added by subsection (b)(1) and under paragraph (11) of section 1919(f) of such Act, as added by subsection (c)(1). Such study shall include an analysis of— (i) which available, verifiable data sources and measures are best for appropriately designating facilities in— (I) the high-rated facility program under paragraph (10) of such section 1819(f) and under paragraph (12) of such section 1919(f); and (II) the low-rated facility program under paragraph (8) of such section 1819(f) and under paragraph (10) of such section 1919(f); (ii) the appropriate frequency with which to update the rankings for the high-rated and low-rated facility programs described in clause (i); (iii) how best to ensure that skilled nursing facilities and nursing facilities appropriately report adverse events; (iv) how surveyors can clearly provide the rationale for giving deficiencies to such skilled nursing facilities and nursing facilities and how this can be done in a timely manner; (v) how to manage suspensions from the high-rated facility program described in clause (i)(I) and the need for additional consumer protections to administer such high-rated facility program; (vi) the availability or potential development of, or modifications to, measures or verifiable data sources on topics, including avoidable hospital readmissions, emergency room visits, risk-adjusted mortality, discharges to the community, involuntary discharges, situations involving the inappropriate administration of medications by a facility, and emergency management; and (vii) the development of, or modifications to, data collection, verifiable data sources, and potential measures to assess the financial stability of a facility. (B) Findings and recommendations (i) In general Not later than 2 years after the date of enactment of this Act, the Advisory Council shall submit to the Secretary the findings of the Advisory Council under the study conducted under subparagraph (A), together with recommendations for such legislation and administrative action as the Advisory Council determines appropriate. (ii) Public availability Upon receiving the findings and recommendations under clause (i), the Secretary shall make the findings and recommendations available to the public on the internet website of the Centers for Medicare & Medicaid Services. (4) Sunset The Advisory Council shall terminate upon the submission of the report to the Secretary under paragraph (3)(B)(i). (b) Medicare program revisions (1) Establishment of rankings and high-rated facility program (A) In general Section 1819(f) of the Social Security Act ( 42 U.S.C. 1395i–3(f) (9) Ranking process (A) Process (i) Establishment The Secretary shall establish a process to rank skilled nursing facilities based on compliance with the applicable requirements of this Act. (ii) Data The process established under clause (i) shall include the use of at least the preceding 3 years of health inspection data, if appropriate, and other data as determined appropriate by the Secretary. (iii) Findings and recommendations of the Advisory Council on Skilled Nursing Facility Rankings under Medicare and Nursing Facility Rankings under Medicaid In establishing the process under clause (i), the Secretary shall take into account the findings and recommendations of the Advisory Council that are submitted to the Secretary under section 2(a)(3)(B)(i) of the Nursing Home Reform Modernization Act of 2021 (B) Ranking (i) In general Under the process established under subparagraph (A), the Secretary shall use the rankings of skilled nursing facilities to categorize facilities into highest and lowest groups for the purposes specified in clause (ii). (ii) Timing and use of rankings Not later than 2 years after the date the Secretary receives the findings and recommendations described in subparagraph (A)(iii), the Secretary shall use the rankings under clause (i) for purposes of carrying out— (I) the high-rated facility program under paragraph (10); and (II) the low-rated facility program under paragraph (8). (10) High-rated facility program (A) Establishment (i) In general Not later than 2 years after the date the Secretary receives the findings and recommendations described in paragraph (9)(A)(iii), the Secretary shall establish and implement a high-rated facility program to encourage and reward compliance with the requirements of this Act. (ii) Report In establishing the high-rated facility program, the Secretary shall take into account the findings and recommendations described in paragraph (9)(A)(iii). (iii) Regulations The Secretary shall establish the high-rated facility program under clause (i) through notice and comment rulemaking. (B) Designation Under the high-rated facility program, subject to subparagraph (D), the Secretary shall designate the highest rated skilled nursing facilities under the rankings under paragraph (9)(B) as high-rated skilled nursing facilities. (C) Distinction on Nursing Home Compare website A skilled nursing facility that is designated as a high-rated skilled nursing facility under subparagraph (B) shall receive a high-rated distinction on the official Internet website of the Federal Government for comparing nursing homes pursuant to subsection (i)(1)(C). (D) Suspension of high-rated status (i) In general The Secretary shall suspend a skilled nursing facility’s designation under subparagraph (B) if the Secretary determines that there are circumstances warranting such suspension. (ii) Circumstances In establishing the circumstances under clause (i), the Secretary shall take into account— (I) findings from Federal surveys and investigations; (II) findings from State surveys conducted under subsection (g)(2)(A); (III) findings from State investigations and surveys conducted under subsection (g)(4), including a high number of substantiated complaints, the frequency and severity of substantiated complaints, and how the complaints are handled by the facility; (IV) situations involving changes of ownership, administration, or management of a skilled nursing facility, or the director of nursing; (V) situations involving the inappropriate administration of medications by a facility; (VI) situations involving involuntary discharges of residents; and (VII) other factors determined appropriate by the Secretary. (iii) No reinstatement prior to next standard survey If a skilled nursing facility’s designation is suspended under clause (i), such designation shall not be reinstated prior to a subsequent survey as specified under subsection (g)(2)(A)(iii). . (B) Assessment of high-rated designation in special surveys Section 1819(g)(2)(A)(iii)(II) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(A)(iii)(II) (i) by inserting (or, in the case of a facility that is designated as a high-rated skilled nursing facility under subsection (f)(10), shall be conducted) may be conducted (ii) by adding at the end the following new sentence: On and after the date the Secretary implements the high-rated facility program under subsection (f)(10), any survey conducted, pursuant to the preceding sentence, of a facility that is designated as a high-rated skilled nursing facility under such subsection shall include an assessment of whether such designation should continue or be suspended under subparagraph (D) of such subsection. (2) Improvements to the special focus facility program (A) Appropriate participation Section 1819(f)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(8) (i) in subparagraph (A), by striking The Secretary Subject to the succeeding provisions of this subsection, the Secretary (ii) by adding at the end the following new subparagraph: (C) Appropriate participation Not later than 1 year after the date of enactment of the Nursing Home Reform Modernization Act of 2021 . (B) Conversion of the special focus facility program to the low-rated facility program and additional requirements Section 1819(f)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(8) (i) in subparagraph (B), by inserting the following before the period at the end: (or, on and after the date the Secretary makes the conversion described in subparagraph (D), at a frequency determined appropriate by the Secretary (but in no case less than once every 6 months)) (ii) by adding at the end the following new subparagraphs: (D) Conversion to the low-rated facility program (i) In general On the same date that the Secretary implements the high-rated facility program under paragraph (10), the Secretary shall convert the special focus facility program under this subsection to the low-rated facility program. (ii) Regulations The Secretary shall carry out the conversion under clause (i) through notice and comment rulemaking. (iii) Additional requirements for the low-rated facility program In addition to the provisions that apply to the low-rated facility program through the conversion from the special focus facility program, the succeeding provisions of this subsection shall also apply to the low-rated facility program. (E) Participation Subject to the minimum participation requirement under subparagraph (C), the Secretary shall designate the lowest rated skilled nursing facilities under the rankings under paragraph (9)(B) for participation in the low-rated facility program. (F) Progressive enforcement actions The Secretary, in consultation with States, shall utilize progressive enforcement actions, of increasing severity, to ensure facilities participating in the low-rated facility program meet the applicable requirements under this Act. (G) Enforcement for patterns of deficiency The Secretary may utilize enforcement actions specified in subsection (h)(2) to remedy patterns of deficiencies cited across multiple surveys. (H) Compliance assistance programs (i) On-site consultation and educational programming (I) In general The Secretary shall establish on-site consultation and educational programming for skilled nursing facilities participating in the low-rated facility program with respect to compliance with the applicable requirements under this Act. (II) Entity The on-site consultation and educational programming described in subclause (I) shall be carried out by quality improvement organizations under part B of title XI or other independent organizations of a similar type that do not have conflicts of interest and are deemed appropriate by the Secretary. (III) Required participation A skilled nursing facility participating in the low-rated facility program shall participate in any consultations and educational programming described in subclause (I) conducted at the facility. (ii) Consultation independent of enforcement (I) In general Subject to subclause (II), on-site consultations and educational programming described in clause (i) shall be conducted independently of any enforcement activity. (II) Exception Subclause (I) shall not apply in the case where a triggering event at the skilled nursing facility is observed in the course of providing on-site consultations and educational programming described in clause (i). In establishing such on-site consultations and educational programming, the Secretary shall determine the triggering events for which the use of necessary enforcement actions is permitted notwithstanding the limitation under subclause (I). Such triggering events shall include events that are required to be reported under State and Federal law and a pattern of deficiencies or problems that the quality improvement organization or other organization has identified for correction but which are consistently not corrected. (I) Public availability (i) In general The Secretary shall ensure that a skilled nursing facility’s participation in the low-rated facility program is publicly announced, including to— (I) resident family councils; (II) resident attending physicians; (III) the State board responsible for the licensing of the skilled nursing facility administrator at the facility; (IV) State Long-Term Care Ombudsman programs (as described in section 712(a)(1) of the Older Americans Act of 1965); and (V) the community at large. (ii) Written notification The Secretary shall ensure that, in the case of a skilled nursing facility that is participating in the low-rated facility program, residents of such facility and family or legal representatives are furnished with individualized written notice of such participation. Such notice shall be provided to current residents and to new residents prior to admission. (J) Requirement for removal The Secretary shall require that a skilled nursing facility show improvement prior to removal from the low-rated facility program. . (C) Use of civil money penalties Section 1819(h)(2)(B)(ii)(IV)(ff) of the Social Security Act (42 U.S.C. 1395i–3(h)(2)(B)(ii)(IV)(ff)) is amended— (i) by striking and facility improvement initiatives facility improvement initiatives (ii) by inserting the following before the period at the end: , and, on and after the date the Secretary makes the conversion described in subsection (f)(8)(D), consultation, education, and other activities to foster improvement and remedy root causes contributing to deficiencies cited across multiple surveys among facilities in the low-rated facility program under subsection (f)(8) (3) Information on high-rated and low-rated facilities on Nursing Home Compare Medicare website Section 1819(i)(1) of the Social Security Act ( 42 U.S.C. 1395i–3(i)(1) (A) in subparagraph (A), by adding at the end the following new clause: (vi) On and after the date the Secretary implements the high-rated facility program under subsection (f)(10) and makes the conversion under subsection (f)(8)(D), consistent with subparagraph (C)— (I) for each skilled nursing facility that is designated as a high-rated skilled nursing facility under subsection (f)(10), the date the facility was so designated; and (II) for each skilled nursing facility participating in the low-rated facility program under subsection (f)(8), the date the facility was identified for inclusion in such program. ; and (B) by adding at the end the following new subparagraphs: (C) Distinctions for high-rated and low-rated facilities On and after the date the Secretary implements the high-rated facility program under subsection (f)(10) and makes the conversion under subsection (f)(8)(D), the Secretary shall ensure that graphics, including an appropriate explanation of such graphics, are prominently displayed on the website described in subparagraph (A) in order to distinguish each of the following: (i) Skilled nursing facilities that are designated as high-rated skilled nursing facilities under subsection (f)(10). (ii) Skilled nursing facilities that are participating in the low-rated facility program under subsection (f)(8), with information on facilities that have been placed in such program more than one time over the course of the last 10 years (including the number of times such skilled nursing facilities have been placed in the program). (D) Focus groups and consumer testing In order to help limit confusion, particularly among older adults, individuals with disabilities, and family caregivers, the Secretary shall utilize focus groups and other consumer testing methods prior to including the additional information under subparagraph (A)(vi) and implementing the distinctions under subparagraph (C). . (c) Medicaid program revisions (1) Establishment of rankings and high-rated facility program (A) In general Section 1919(f) of the Social Security Act ( 42 U.S.C. 1396r(f) (11) Ranking process (A) Process (i) Establishment The Secretary shall establish a process to rank nursing facilities based on compliance with the applicable requirements of this Act. (ii) Data The process established under clause (i) shall include the use of at least the preceding 3 years of health inspection data, if appropriate, and other data as determined appropriate by the Secretary. (iii) Findings and recommendations of the Advisory Council on Skilled Nursing Facility Rankings under Medicare and Nursing Facility Rankings under Medicaid In establishing the process under clause (i), the Secretary shall take into account the findings and recommendations of the Advisory Council that are submitted to the Secretary under section 2(a)(3)(B)(i) of the Nursing Home Reform Modernization Act of 2021 (B) Ranking (i) In general Under the process established under subparagraph (A), the Secretary shall use the rankings of nursing facilities to categorize facilities into highest and lowest groups for the purposes specified in clause (ii). (ii) Timing and use of rankings Not later than 2 years after the date the Secretary receives the findings and recommendations described in subparagraph (A)(iii), the Secretary shall use the rankings under clause (i) for purposes of carrying out— (I) the high-rated facility program under paragraph (12); and (II) the low-rated facility program under paragraph (10). (12) High-rated facility program (A) Establishment (i) In general Not later than 2 years after the date the Secretary receives the findings and recommendations described in paragraph (11)(A)(iii), the Secretary shall establish and implement a high-rated facility program to encourage and reward compliance with the requirements of this Act. (ii) Report In establishing the high-rated facility program, the Secretary shall take into account the findings and recommendations described in paragraph (11)(A)(iii). (iii) Regulations The Secretary shall establish the high-rated facility program under clause (i) through notice and comment rulemaking. (B) Designation Under the high-rated facility program, subject to subparagraph (D), the Secretary shall designate the highest rated nursing facilities under the rankings under paragraph (11)(B) as high-rated nursing facilities. (C) Distinction on Nursing Home Compare website A nursing facility that is designated as a high-rated nursing facility under subparagraph (B) shall receive a high-rated distinction on the official Internet website of the Federal Government for comparing nursing homes pursuant to subsection (i)(1)(C). (D) Suspension of high-rated status (i) In general The Secretary shall suspend a nursing facility’s designation under subparagraph (B) if the Secretary determines that there are circumstances warranting such suspension. (ii) Circumstances In establishing the circumstances under clause (i), the Secretary shall take into account— (I) findings from Federal surveys and investigations; (II) findings from State surveys conducted under subsection (g)(2)(A); (III) findings from State investigations and surveys conducted under subsection (g)(4), including a high number of substantiated complaints, the frequency and severity of substantiated complaints, and how the complaints are handled by the facility; (IV) situations involving changes of ownership, administration, or management of a nursing facility, or the director of nursing; (V) situations involving the inappropriate administration of medications by a facility; (VI) situations involving involuntary discharges of residents; and (VII) other factors determined appropriate by the Secretary. (iii) No reinstatement prior to next standard survey If a nursing facility’s designation is suspended under clause (i), such designation shall not be reinstated prior to a subsequent survey as specified under subsection (g)(2)(A)(iii). . (B) Assessment of high-rated designation in special surveys Section 1919(g)(2)(A)(iii)(II) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(A)(iii)(II) (i) by inserting (or, in the case of a facility that is designated as a high-rated nursing facility under subsection (f)(12), shall be conducted) may be conducted (ii) by adding at the end the following new sentence: On and after the date the Secretary implements the high-rated facility program under subsection (f)(12), any survey conducted, pursuant to the preceding sentence, of a facility that is designated as a high-rated nursing facility under such subsection shall include an assessment of whether such designation should continue or be suspended under subparagraph (D) of such subsection. (2) Improvements to the special focus facility program (A) Appropriate participation Section 1919(f)(10) of the Social Security Act ( 42 U.S.C. 1395r(f)(10) (i) in subparagraph (A), by striking The Secretary Subject to the succeeding provisions of this subsection, the Secretary (ii) by adding at the end the following new subparagraph: (C) Appropriate participation Not later than 1 year after the date of enactment of the Nursing Home Reform Modernization Act of 2021 . (B) Conversion of the special focus facility program to the low-rated facility program and additional requirements Section 1919(f)(10) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(10) (i) in subparagraph (B), by inserting the following before the period at the end: (or, on and after the date the Secretary makes the conversion described in subparagraph (D), at a frequency determined appropriate by the Secretary (but in no case less than once every 6 months)) (ii) by adding at the end the following new subparagraphs: (D) Conversion to the low-rated facility program (i) In general On the same date that the Secretary implements the high-rated facility program under paragraph (12), the Secretary shall convert the special focus facility program under this subsection to the low-rated facility program. (ii) Regulations The Secretary shall carry out the conversion under clause (i) through notice and comment rulemaking. (iii) Additional requirements for the low-rated facility program In addition to the provisions that apply to the low-rated facility program through the conversion from the special focus facility program, the succeeding provisions of this subsection shall also apply to the low-rated facility program. (E) Participation Subject to the minimum participation requirement under subparagraph (C), the Secretary shall designate the lowest rated nursing facilities under the rankings under paragraph (11)(B) for participation in the low-rated facility program. (F) Progressive enforcement actions The Secretary, in consultation with States, shall utilize progressive enforcement actions, of increasing severity, to ensure facilities participating in the low-rated facility program meet the applicable requirements under this Act. (G) Enforcement for patterns of deficiency The Secretary may utilize enforcement actions specified in subsection (h)(2) to remedy patterns of deficiencies cited across multiple surveys. (H) Compliance assistance programs (i) On-site consultation and educational programming (I) In general The Secretary shall establish on-site consultation and educational programming for nursing facilities participating in the low-rated facility program with respect to compliance with the applicable requirements under this Act. (II) Entity The on-site consultation and educational programming described in subclause (I) shall be carried out by quality improvement organizations under part B of title XI or other independent organizations of a similar type that do not have conflicts of interest and are deemed appropriate by the Secretary. (III) Required participation A nursing facility participating in the low-rated facility program shall participate in any consultations and educational programming described in subclause (I) conducted at the facility. (ii) Consultation independent of enforcement (I) In general Subject to subclause (II), on-site consultations and educational programming described in clause (i) shall be conducted independently of any enforcement activity. (II) Exception Subclause (I) shall not apply in the case where a triggering event at the nursing facility is observed in the course of providing on-site consultations and educational programming described in clause (i). In establishing such on-site consultations and educational programming, the Secretary shall determine the triggering events for which the use of necessary enforcement actions is permitted notwithstanding the limitation under subclause (I). Such triggering events shall include events that are required to be reported under State and Federal law and a pattern of deficiencies or problems that the quality improvement organization or other organization has identified for correction but which are consistently not corrected. (I) Public availability (i) In general The Secretary shall ensure that a nursing facility’s participation in the low-rated facility program is publicly announced, including to— (I) resident family councils; (II) resident attending physicians; (III) the State board responsible for the licensing of the nursing facility administrator at the facility; (IV) State Long-Term Care Ombudsman programs (as described in section 712(a)(1) of the Older Americans Act of 1965); and (V) the community at large. (ii) Written notification The Secretary shall ensure that, in the case of a nursing facility that is participating in the low-rated facility program, residents of such facility and family or legal representatives are furnished with individualized written notice of such participation. Such notice shall be provided to current residents and to new residents prior to admission. (J) Requirement for removal The Secretary shall require that a nursing facility show improvement prior to removal from the low-rated facility program. . (C) Use of civil money penalties Section 1919(h)(3)(C)(ii)(IV)(ff) of the Social Security Act (42 U.S.C. 1396r(h)(3)(C)(ii)(IV)(ff)) is amended— (i) by striking and facility improvement initiatives facility improvement initiatives (ii) by inserting the following before the period at the end: , and, on and after the date the Secretary makes the conversion described in subsection (f)(10)(D), consultation, education, and other activities to foster improvement and remedy root causes contributing to deficiencies cited across multiple surveys among facilities in the low-rated facility program under subsection (f)(10) (3) Information on high-rated and low-rated facilities on Nursing Home Compare Medicare website Section 1919(i)(1) of the Social Security Act ( 42 U.S.C. 1396r(i)(1) (A) in subparagraph (A), by adding at the end the following new clause: (vi) On and after the date the Secretary implements the high-rated facility program under subsection (f)(12) and makes the conversion under subsection (f)(10)(D), consistent with subparagraph (C)— (I) for each nursing facility that is designated as a high-rated nursing facility under subsection (f)(12), the date the facility was so designated; and (II) for each nursing facility participating in the low-rated facility program under subsection (f)(10), the date the facility was identified for inclusion in such program. ; and (B) by adding at the end the following new subparagraphs: (C) Distinctions for high-rated and low-rated facilities On and after the date the Secretary implements the high-rated facility program under subsection (f)(12) and makes the conversion under subsection (f)(10)(D), the Secretary shall ensure that graphics, including an appropriate explanation of such graphics, are prominently displayed on the website described in subparagraph (A) in order to distinguish each of the following: (i) Nursing facilities that are designated as high-rated nursing facilities under subsection (f)(12). (ii) Nursing facilities that are participating in the low-rated facility program under subsection (f)(10), with information on facilities that have been placed in such program more than one time over the course of the last 10 years (including the number of times such nursing facilities have been placed in the program). (D) Focus groups and consumer testing In order to help limit confusion, particularly among older adults, individuals with disabilities, and family caregivers, the Secretary shall utilize focus groups and other consumer testing methods prior to including the additional information under subparagraph (A)(vi) and implementing the distinctions under subparagraph (C). . (d) GAO study and report (1) Study The Comptroller General of the United States (in this section referred to as the Comptroller General (A) The effectiveness of the low-rated facility program established under paragraph (8) of section 1819(f) of the Social Security Act ( 42 U.S.C. 1395i–3(f) 42 U.S.C. 1396r(f) (B) Other areas determined appropriate by the Comptroller General. (2) Report Not later than 6 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate Committees of Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Rules of construction (1) Surveys Nothing in the provisions of, or the amendments made by, this section shall be construed to allow the Secretary to modify or deviate from— (A) a survey schedule that requires unannounced and unanticipated surveying of skilled nursing facilities under subsection (g)(2)(A)(i) of section 1819 of the Social Security Act ( 42 U.S.C. 1395i–3(g) 42 U.S.C. 1396r(g) (B) the surveying frequency specified under subsection (g)(2)(A)(iii) of such section 1819 or under subsection (g)(2)(A)(iii) of such section 1919; or (C) surveys and investigations as required under subsection (g)(4) of such section 1819 or under subsection (g)(4) of such section 1919. (2) Accountability and State law Nothing in the provisions of, or the amendments made by, this section shall be construed to impact the ability of a resident, the family of a resident, or a successor in interest to hold a skilled nursing facility or nursing facility accountable or change protections granted under State law. 3. Definitions In this Act: (1) Appropriate Committees of Congress The term appropriate Committee of Congress (A) the Committee on Finance of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Special Committee on Aging of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (2) Nursing facility The term nursing facility 42 U.S.C. 1396r(a) (3) Skilled nursing facility The term skilled nursing facility 42 U.S.C. 1395i–3(a) (4) Secretary The term Secretary | Nursing Home Reform Modernization Act of 2021 |
Jobs for Economic Recovery Act of 2021 This bill establishes an employment and training program to assist workers who are unemployed or underemployed due to the COVID-19 pandemic, and other displaced workers and those who face barriers to employment, to obtain employment, including through subsidized employment programs. Specifically, states, Indian tribes, local governments, and particular nonprofits must meet certain conditions before receiving funding to establish these programs. In addition to providing this funding, the bill requires the Department of Health and Human Services (HHS) to award temporary grants to these entities to plan and implement the programs. The HHS Inspector General must biennially audit a sample of the state programs to ensure compliance with program and nondisplacement requirements, and to identify and protect against any waste, fraud, or abuse in such programs. HHS must make information publicly available to job seekers online about whether they are eligible for state, local, or tribal program employment services, and the agency to contact for further information. The bill also creates an employee retention work opportunity tax credit for employers that retain workers hired through the program for 24 months. Finally, the bill requires the Government Accountability Office to evaluate whether the retention credit (1) had a meaningful impact on retention as compared to currently existing and previous subsidized employment programs, and (2) was easily understood by employers and had an impact on hiring decisions in addition to any subsidy received by this bill. | 117 S784 IS: Jobs for Economic Recovery Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 784 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Wyden Ms. Baldwin Mr. Van Hollen Mr. Bennet Mr. Booker Committee on Finance A BILL To amend the Social Security Act to establish a new employment, training, and supportive services program for unemployed and underemployed individuals, including individuals with barriers to employment and those who are unemployed or underemployed as a result of COVID–19, and for other purposes. 1. Short title; amendment to Social Security Act; table of contents (a) Short title This Act may be cited as the Jobs for Economic Recovery Act of 2021 (b) Amendments to Social Security Act Except as otherwise specifically provided, whenever in this Act an amendment 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 that section or other provision of the Social Security Act. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; amendment to Social Security Act; table of contents. Sec. 2. Purpose. Sec. 3. Employment, training, and supportive services program. Sec. 4. Employee retention work opportunity credit. Sec. 5. Conforming amendments. Sec. 6. Effective date; regulations. 2. Purpose The purposes of this Act are the following: (1) To provide immediate funding for subsidized employment programs that will create job opportunities for individuals who are not employed or who are underemployed, including individuals who are not employed or who are underemployed as a result of COVID–19, when it is safe to provide such opportunities, taking into account the need to prevent the spread or recurrence of COVID–19. (2) To expand subsidized employment programs that reconnect unemployed and underemployed workers to the workforce. (3) To drive economic recovery by allowing for sufficient State and local flexibility to create or expand programs that place workers in jobs that fill community-specific workforce gaps and meet employer needs. (4) To prevent long-term joblessness and structural unemployment and provide work opportunities for individuals with barriers to employment. 3. Employment, training, and supportive services program (a) Establishment The Social Security Act ( 42 U.S.C. 301 XIII Reemployment and other Job-Related Assistance and Benefits 1301. Purpose; definitions; administration (a) Purpose The purpose of this title is to provide funds to States, Indian tribes, local governments, and nonprofit organizations to initiate and expand the provision of employment services, training and other services and activities, and supportive services for eligible individuals in order to— (1) promote subsidized employment programs for public, private for-profit, private nonprofit, and employment social enterprise sector jobs that enable unemployed or underemployed individuals to earn income and connect to the workforce; (2) expand the availability of jobs during economic downturns or in areas with high unemployment or poverty; (3) provide economically and socially disadvantaged individuals and individuals with barriers to employment (such as the long-term unemployed, individuals with criminal records, former foster youth, and other economically and socially disadvantaged populations) with wages and the ability to gain job experience; (4) provide employers with new pathways into the workforce development system enabling them to have a greater role in the training and hiring of new workers and labor market re-entrants and facilitating their transition from subsidized job placements to unsubsidized employment; and (5) allow for sufficient flexibility for States, Indian tribes, local governments, and nonprofit organizations to design programs targeted at community-specific workforce gaps and employer needs. (b) Definitions In this title: (1) Adult and dislocated worker employment and training activities The term adult and dislocated worker employment and training activities (2) Dislocated worker The term dislocated worker (3) Eligible individual The term eligible individual (A) being an individual with a barrier to employment; (B) being a dislocated worker; or (C) a period of economic downturn or adverse local or national economic conditions. (4) Employment services The term employment services (5) Indian tribe The term Indian tribe (6) Individual with a barrier to employment The term individual with a barrier to employment (7) Integrated education and training The term integrated education and training (8) Payroll taxes The term payroll taxes (9) Period of economic downturn The term period of economic downturn (A) the average rate of total unemployment in the United States (seasonally adjusted) for the most recent 3 months for which data is available is at least 5.5 percent; or (B) the average rate of total unemployment in such State (seasonally adjusted) for the most recent 3 months for which data for all States is available is at least 5.5 percent. (10) Supportive services (A) In general The term supportive services (B) Additional services Such term includes any of the following: (i) Stipends for an eligible individual provided with unpaid training services. (ii) Legal services. (iii) Other supplemental services necessary for an eligible individual to participate in the State program funded under this title. (11) State expenditures The term State expenditures (12) Training and other services or activities The term training and other services or activities (A) Services provided through adult and dislocated worker employment and training activities. (B) Integrated education and training. (C) Education directly related to employment. (D) Vocational and employment services integrated with trauma-informed substance use disorder treatment, in collaboration with a substance use disorder treatment provider. (E) Casework and job coaching. (F) Union-provided employment services, including labor-management training. (c) Administration (1) In general Subject to section 1302(d), the program under this title shall be administered by the Secretary through the Assistant Secretary for the Administration for Children and Families within the Department of Health and Human Services and in consultation with the Secretary of Labor as appropriate. (2) Funding for administration Out of any money in the Treasury not otherwise appropriated, for each fiscal year beginning with fiscal year 2022, there are appropriated to the Secretary $15,000,000 to administer this title. Amounts appropriated under the preceding sentence shall remain available until expended. (d) Appropriated entitlement (1) In general This title establishes an entitlement to payments under this title for States, Indian tribes and tribal consortiums, and local governments with plans approved under this title. (2) Authorization of appropriations There are authorized to be appropriated to the Secretary to make payments to States, Indian tribes and tribal consortiums, and local governments under sections 1304, 1307, and 1308 for each fiscal year beginning with fiscal year 2021, such sums as are necessary. 1302. State plan requirements (a) In general A State is not eligible for payment under section 1304 unless the State has submitted to the Secretary a plan that describes— (1) the State’s strategy for creating or expanding programs that offer subsidized employment for eligible individuals and moving such individuals into unsubsidized employment; (2) how such strategy fits with the State's overall strategy for, and assessment of, the State’s workforce needs; (3) the employment services, training and other services or activities, and supportive services to be provided under the State program funded under this title; (4) which specific populations of eligible individuals the State will serve, with a focus on how the State plans to assess and serve the eligible individuals with serious or multiple barriers to employment; (5) the strategies the State will use for outreach and engagement with the populations specified under paragraph (4) to ensure that such populations are aware of subsidized employment opportunities in their community; (6) the strategies the State will use to ensure that its programs do not systematically exclude the eligible individuals with the greatest barriers to employment; (7) the strategies the State will use for outreach, engagement, and ongoing collaboration with employers to promote employers’ use of the program and ensure employers have the training necessary to support eligible individuals; (8) the strategies the State will use to create employment plans for eligible individuals participating in the State program funded under this title and, based on such plans, provide eligible individuals with employment services, training and other services and activities, and supportive services; (9) how the State will coordinate the State program funded under this title with other relevant systems and programs based on the populations identified which may include criminal justice, child support, juvenile justice, child welfare, homeless services, unemployment insurance, and other human services and workforce development programs of the State, including programs supported through the Workforce Innovation and Opportunity Act; (10) how the State will ensure compliance with the requirements of section 1305; (11) a strong logic model for the State's proposed strategy to provide employment services, training, or other services and activities and any existing research or evidence supporting the effectiveness of such strategy; (12) how the State will address gaps in employment and earnings by race, ethnicity, age, and gender and collect data to measure progress in addressing those gaps; (13) how the State will incorporate feedback from eligible individuals participating in the State program to improve the program over time; (14) how the State will make use of planning and implementation grants under section 1304(f); and (15) such information about other aspects of the plan as the Secretary may request. (b) Other requirements (1) Certification The State shall include with the plan a certification that supportive services for eligible individuals will supplement, and not supplant, other assistance provided by the State. (2) Research or evaluation efforts The State shall agree to participate in any research or evaluation efforts conducted by the Secretary under section 1306(e), which may include randomized control trials. (c) Deadlines for submission (1) Initial plan The initial State plan under this section shall be submitted by the State agency or agencies responsible for administering the State program under this title to the Secretary not later than 90 days prior to the commencement of the State program funded under this title and shall be for the period beginning on the first day of the commencement of the State program funded under the title and ending on the day that is the last day of the period covered by the unified State plan, the combined State plan submitted by the State under section 102 or 103 of the Workforce Innovation and Opportunity Act, or a tribal plan submitted under section 166 of such Act that is in effect as of the date of submission. (2) Subsequent plans (A) In general Subject to subparagraph (B), each State plan submitted under this section after the initial State plan shall be submitted at the same time and apply for the same period, as a unified State plan, a combined State plan submitted by the State under section 102 or 103 of the Workforce Innovation and Opportunity Act, or a tribal plan submitted under section 166 of such Act. (B) Amendments to plans The Secretary shall establish procedures to allow States to amend a State plan submitted under this section prior to the expiration of the period described in subparagraph (A). (3) Approval Each State plan submitted under this section by the State agency or agencies responsible for administering the State program under this title, and any amendments to the plan, shall be subject to the approval of the Secretary, in consultation with the Secretary of Labor as appropriate. (d) State agency At the option of the State, the program funded under this title shall be administered by the lead State agency responsible for administering the State program funded under part A of title IV, the lead State agencies responsible for administering the adult and dislocated worker employment and training activities of the State, or jointly by such agencies. 1303. Use of funds (a) Authorized uses (1) In general Subject to paragraph (2), a State shall use funds paid under section 1304 to provide eligible individuals with— (A) employment services; (B) training and other services and activities; and (C) supportive services while eligible individuals are provided with employment services and training and other services and activities. (2) Spending requirement Not less than 70 percent of the total amount paid to a State for a fiscal year quarter shall be for expenditures attributable to employment services that are payment for or reimbursement of employer costs such as wages, the employer share of payroll taxes, employer costs for unemployment insurance, employer costs for workers' compensation premiums, or costs for employer-provided on-the-job training for subsidized job placements of eligible individuals. (3) Training A State may use such funds for training employers, agency personnel, and other individuals related to the administration of the State program funded under this title on issues related to providing eligible individuals with employment services, training and other services and activities, and supportive services. (4) Administrative costs Subject to section 1304(e), a State may use such funds for the proper and efficient administration of the State program funded under this title. (b) Evidence-Based practices and actual job placements required State expenditures for employment services, training and other services and activities, and supportive services provided to eligible individuals shall be eligible for a Federal matching payment under section 1304 only if the State can demonstrate— (1) that the employment services, training and other services and activities, and supportive services provided for an eligible individual resulted in employment (subsidized or unsubsidized) for the eligible individual; or (2) good cause for why the job placement or employment did not occur, which may include the failure of an employer or an eligible individual to carry out the employer's or individual's commitments to the State program. 1304. Payments to States (a) Payments to States Subject to section 1303 and subsections (b) and (c) of this section, beginning with the first fiscal year quarter for which a State plan is approved under this title, and for each quarter thereafter, the Secretary shall pay each State, out of any money in the Treasury not otherwise appropriated, an amount equal to the Federal medical assistance percentage that applies for the fiscal year to the State under section 1905(b) (without regard to any adjustments to such percentage applicable under that section or any other provision of law) of the total amount expended by the State during the quarter to provide eligible individuals with employment services, training and other services and activities, and supportive services authorized under this title in accordance with an approved State plan and, subject to subsection (e), for the proper and efficient administration of the program funded under this title. (b) Increased federal support during economic downturns (1) Increased FMAP (A) In general Beginning with any fiscal year quarter for which the total unemployment in a State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds the applicable percentage specified in paragraph (2), the Federal medical assistance percentage applicable to payments made under subsection (a) to the State for the quarter shall be increased by the applicable number of percentage points specified in paragraph (2), except that in no case shall the Federal medical assistance percentage applicable to payments under subsection (a) for a State for a quarter exceed 100 percent. (B) Duration (i) In general Subject to clause (ii), an increase in the Federal medical assistance percentage made in accordance with this subsection shall remain in effect with respect to payments made to a State under subsection (a) for at least 4 consecutive fiscal year quarters. (ii) Additional increase in unemployment If during the period for which the Federal medical assistance percentage for a State is increased under this subsection, the total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published exceeds the applicable total unemployment rate that was the basis for such increase, the increase in the Federal medical assistance percentage shall be the applicable number of percentage points specified in paragraph (2) that corresponds to the most recent percentage of total unemployment in the State, beginning with the first fiscal year quarter for which such percentage of total unemployment occurs and continuing for 3 succeeding fiscal year quarters. (2) Applicable percentage; applicable number of percentage points For purposes of paragraph (1), if the total unemployment in a State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published is— (A) equal to or greater than 5.5 percent but less than 6 percent, the applicable number of percentage points is 20; (B) equal to or greater than 6 percent but less than 6.5 percent, the applicable number of percentage points is 30; (C) equal to or greater than 6.5 percent but less than 7 percent, the applicable number of percentage points is 40; and (D) equal to or greater than 7 percent, the applicable number of percentage points is 50. (c) Requirements for payments (1) Maintenance of effort As a condition of receiving payments under this section for a fiscal year, the total amount of State expenditures for work, education, and training activities and supportive services under the State program funded under part A of title IV and for qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for such fiscal year shall not be less than the total amount of such State expenditures for fiscal year 2019. (2) Non-supplantation requirement Funds paid to a State under this section shall be used to supplement, not supplant, the total amount of State expenditures for employment services, training and other services and activities, and supportive services provided through the adult and dislocated worker employment and training activities of the State for the fiscal year. (d) Administration of payments (1) In general Prior to the beginning of each fiscal quarter, the Secretary shall estimate the amount to which a State will be entitled under this section for such quarter, based on— (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter to provide eligible individuals with employment services, training and other services and activities, and supportive services through the program funded under this title; and (B) such other investigation as the Secretary may find necessary. (2) Payments The Secretary shall then pay to the State, in such installments as the Secretary shall determine, the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection. (e) Limitation Beginning with the fifth fiscal year quarter for which a State plan is approved under this title, and for each quarter thereafter, a State shall not receive a payment under this section for amounts expended by the State during the quarter for the proper and efficient administration of the program funded under this title that exceed the amount equal to 15 percent of the amount expended by the State during the quarter to provide eligible individuals with employment services, training and other services and activities, and supportive services. (f) Planning and implementation grants; technical assistance (1) In general In addition to amounts available to make payments to States under subsection (a), the Secretary shall make grants to States, Indian tribes (or intertribal consortiums with a tribal family assistance plan approved under section 412), and local governments for costs attributable to the planning and implementation of a State, tribal, or local program approved under section 1302, 1307, or 1308 and funded under this title and shall provide technical assistance to States and Indian tribes with respect to the planning and implementation of such a program. (2) Requirements (A) Community engagement As a condition of receiving a grant under this subsection, a State, Indian tribe, or local government shall engage local communities, including focus groups of target populations of eligible individuals and employers, in the planning and implementation of the State, tribal, or local program approved under section 1302, 1307, or 1308 and funded under this title. (B) 2-year limit No State, Indian tribe, or local government shall receive a grant under this subsection for more than 8 quarters. (C) No matching payment required No matching payment shall apply to the grants made under this subsection. 1305. Other program requirements (a) Assessment and employment plan (1) In general The State shall establish procedures to— (A) assess, within 30 days of determining that an individual is an eligible individual, the eligible individual's job skills, education, past work experience, and potential barriers to employment; and (B) create, based on such assessment, an individualized employment plan for each eligible individual participating in the program that— (i) specifies— (I) the initial plan for the eligible individual, including whether the eligible individual is to immediately begin working in a subsidized job or needs training and other services and activities, or supportive services before that placement can occur; and (II) the employment services that will be provided to the eligible individual, as well as the training and other services and activities, and supportive services that will be provided to the eligible individual while the eligible individual is working in a subsidized job; and (ii) provides that, near the end of the individual's initial placement in a subsidized job, an assessment will be made regarding whether the eligible individual will be converted to a permanent, unsubsidized employee, and if not, the job search assistance and additional employment services, training and other services and activities, and supportive services that will be provided to the eligible individual with the goal of obtaining and retaining unsubsidized employment. (2) No discrimination against individuals with highest barriers to employment The State shall prioritize job placements for individuals with the highest barriers to employment and ensure that the procedures established under paragraph (1) do not result in an eligible individual being less likely to receive employment services solely on the basis of the individual's barriers to employment. (3) Nondiscrimination The State shall ensure that the procedures established under paragraph (1) do not have the effect of making any eligible individual less likely to receive employment services on the basis of the individual's race, sex, religious creed, national origin, or political affiliation. (b) Employment standards and criteria for subsidized jobs (1) General requirements Any subsidized job placement for an eligible individual participating in the State program funded under this title shall satisfy the following requirements: (A) Employment services that are payment for or reimbursement of employer costs may only be used by an employer in the public, private for-profit, private nonprofit, or employment social enterprise sector for costs that are attributable to the hiring of, compensation for, or on-the-job training of, the eligible individual. (B) An employer in the public, private for-profit, private nonprofit, or employment social enterprise sector shall not be paid a subsidy that exceeds 120 percent of wage costs. (C) An eligible individual in a subsidized job placement shall be paid at a rate that is not less than whichever of the following is highest: (i) the minimum hourly wage rate applicable to the individual under the laws of the State or locality in which the individual is employed; (ii) the wage rate applicable under section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 (iii) if determined appropriate by the State program funded under this title, the prevailing wage rate in the locality in which the individual is employed as determined by the Secretary of Labor, based on area surveys of wage rates conducted by the Department of Labor; and (iv) where a collective-bargaining agreement covers employees at the site of the subsidized job placement, a rate set for the eligible individual in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement. (D) An eligible individual in a subsidized job placement shall be covered by all relevant labor and employment laws. (E) Subject to paragraph (6), a subsidized job placement for an eligible individual shall not exceed 6 months unless the placement is extended for not more than 6 additional months for purposes of improving the work experience, training and other services and activities, and supportive services needs of an eligible individual with less prior work experience, more skill development and training needs, or greater employment barriers. (F) Employers participating in the State program agree to make a good faith effort to hire an eligible individual placed in a subsidized job in their employment if the individual has demonstrated satisfactory performance and the employer has a relevant job opening available and to maintain a record of the share of subsidized workers hired to unsubsidized positions on a permanent basis. (G) Employers shall ensure that the site of employment is a location where an eligible individual in a subsidized job placement who is an individual with a disability, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 (H) For a site of employment at which workers are covered by a collective bargaining agreement, no subsidized job placement shall be made at the site without the consent of all labor organizations representing workers at such site. (I) In a case where the State is considering placing an eligible individual with an employer who has previously participated in the State program, the State shall consider feedback from workers previously placed with that employer when determining whether to continue placing eligible individuals in subsidized jobs with that employer. (J) A subsidized job placement in a government agency shall be subject to the same civil service protections otherwise applicable to similar jobs at such agency. (K) An eligible individual who works on average at least 30 hours of service per week in a subsidized job placement with an employer shall be treated as a full-time employee of such employer for purposes of section 4980H (2) Employer of record (A) In general With respect to eligible individuals in subsidized job placements, the employer of record may be— (i) the employer for whom the individual performs work; (ii) the State or a political subdivision of the State; or (iii) a third party that has entered into an agreement with the State to serve as the employer of record with respect to eligible individuals participating in the State program funded under this title. (B) Evaluations If the employer of record with respect to an eligible individual in a subsidized job placement is not the employer for whom the individual performs work, any employer evaluation required under this title with respect to such job placement shall include an evaluation of both the employer of record and the employer for whom the individual performs work. (3) Limitation on subsidized job placements per employer (A) In general No more than 10 percent of the employees of an employer may be eligible individuals whose employment with such employer is subsidized under this title, except that— (i) an employer with fewer than 10 employees may employ 1 such individual; (ii) an employer with more than 500 employees may not employ more than 50 such individuals; and (iii) there shall be no limitation on the number of subsidized job placements per employer if the employer’s mission, as reviewed and evaluated by the State on an annual basis, includes the provision of employment services, training and other services and activities, or supportive services to individuals with barriers to employment, subject to the State program's annual review of the outcomes and experiences of eligible individuals in subsidized job placements with the employer. (B) Application to employers of record For purposes of the limitations described in subparagraph (A), if an eligible individual in a subsidized job placement performs work for an employer that is not the individual's employer of record— (i) the individual shall not be considered to be employed by the employer of record; and (ii) the individual shall be considered to be employed by the employer for whom the individual performs work. (4) Additional placements If, after completing a subsidized job placement, an eligible individual is unemployed for at least 4 weeks (regardless of whether such weeks are consecutive), the eligible individual may apply for a new subsidized job placement but the immediately subsequent placement may only be with a different employer (but may be with the same employer of record, provided that the individual is performing work for a different employer than the employer for whom the individual performed work in the previous subsidized job placement). (5) State variation permitted Employer subsidies for a subsidized job placement may vary within a State and among States carrying out programs under this title provided that all eligible individuals employed in subsidized jobs shall be paid not less than the rate specified in subsection (b)(1)(C) and shall be covered by all relevant labor and employment laws. (6) Exception With respect to a period of economic downturn, the Secretary may waive the limit on the duration of a subsidized job placement under paragraph (1)(E). (c) Nondisplacement An employer shall not employ an eligible individual in a subsidized job placement if— (1) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employment benefits) of an existing employee or position of the employer; (2) such individual will assume any of the duties or responsibilities of an employee who is participating in a strike, collective bargaining, or union organizing; (3) employing such individual infringes upon the promotional opportunities of an existing employee of the employer; or (4) such individual will perform the same work or substantially the same work as that performed by any individual who has been laid off or partially displaced and has not received an offer from the employer to be restored to the position the employee had immediately prior to being laid off or partially displaced. (d) Grievance procedures The State shall establish and maintain a procedure for the filing and adjudication of grievances from eligible individuals, labor organizations, and other interested individuals concerning participating employers, including grievances relating to proposed placements of eligible workers with such employers. 1306. Reports; technical assistance; research; audit requirement (a) Quarterly reports (1) State reports A State shall submit with each quarterly report required under section 411(a)(1) a report on the State program funded under this title that contains such data and information as the Secretary shall require. (2) Reports to Congress The Secretary shall submit with each annual report to Congress required under section 411(b) a report on the State programs funded under this title. (b) Ongoing performance assessment (1) In general The Secretary shall study and submit annual reports to Congress that— (A) measure the performances of the State programs funded under this title; (B) include information about the categories of individuals and employers served by such programs and projects, including the extent to which the State is serving the individuals with the greatest barriers to employment; and (C) describe the activities eligible individuals engaged in during the year and evaluate the quality of the services provided under such programs. (2) Timing of submissions The Secretary shall submit the reports required by paragraph (1)— (A) in the case of the first such report, 2 years after the date on which the first State program funded under this title is established; and (B) in the case of subsequent reports, annually thereafter. (c) Alignment with workforce innovation and opportunity act programs The Secretary shall coordinate with the Secretary of Labor on aligning performance measures and regulations for the State programs funded under this title with the performance measures and regulations applicable to the core programs of States funded under the Workforce Innovation and Opportunity Act. (d) Individual eligibility assessment guidance The Secretary, in consultation with the Secretary of Labor as appropriate, shall study and issue guidance to States on best practices for assessing whether an individual satisfies the criteria for being an eligible individual under section 1301(b)(3) as being unlikely to find unsubsidized employment due to individual barriers, the individual's status as a displaced worker, or economic conditions in the State in which the individual lives or works. (e) Research and evaluation (1) Ongoing evaluation of State implementation strategies (A) In general The Secretary shall develop an experimental or control group testing protocol to continuously evaluate the impact and effectiveness of State strategies for implementing employment services, training and other services and activities under this title, including— (i) the impact of such State strategies on employment outcomes for eligible individuals; (ii) the relationship among engagement, impact, and program outcomes, as well as an examination of program performance; (iii) an identification of successful activities for achieving the purposes identified in section 1301; (iv) the impact on income and earnings gains, job quality improvement, and poverty reduction (relative to both the official poverty line and the supplemental poverty measure) for eligible individuals participating in the State program funded under this title and the families of such individuals; (v) an evaluation of program access to determine the extent to which States are serving individuals with the greatest barriers to employment and the portion of State caseloads that are made up of such individuals; and (vi) any other analysis deemed appropriate by the Secretary. (B) Other requirements (i) Diverse selection of programs In choosing State programs to participate in evaluations under this subsection, the Secretary shall select programs representing a diversity of policy approaches, geographic locations, labor market conditions, and populations served. (ii) Data-driven evaluation Evaluations under this subsection shall be rigorous and use data to statistically measure program outcomes and impacts. (2) Reports Not later than 2 years after the date of enactment of this section and every 2 years thereafter, the Secretary shall submit to Congress and make publicly available a report on the initial implementation of activities conducted under this title, including any available results of the evaluations conducted under paragraph (1) with respect to such activities, together with such recommendations for legislation or administrative action as the Secretary determines appropriate. (3) Best practices The Secretary shall use the results of the evaluations conducted under paragraph (1) to recommend best practices for implementing employment services, training and other services and activities under this title and share such information with participating States under this title. (4) Funding Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2022 $100,000,000 to conduct evaluations under this subsection. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Coordination of data collection (1) In general The Secretary, in consultation with the Secretary of Labor, shall determine the data States shall collect and report regarding the State program funded under this title and the extent to which that data collection and reporting, and required evaluations, can be coordinated with the data collection, reporting, and evaluations required for the State program funded under part A of title IV and the performance accountability measures under section 116(b) of the Workforce Innovation and Opportunity Act for the adult and dislocated worker employment and training activities of the State. (2) Coordination with other efforts The Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall assure that the data collected under this title aligns as much as possible with efforts to collect longitudinal data related to the performance of education, training, and workforce programs. (g) Disaggregated data Data collected and submitted under this section shall be disaggregated by race, ethnicity, age, gender, and classification in the Standard Occupational Classification System of the Bureau of Labor Statistics. (h) Funding The Secretary shall use funding made available under section 1301(c)(2) to conduct the performance assessments required under subsection (b) and the research and evaluation required under subsection (e). (i) Inspector general audit The Inspector General of the Department of Health and Human Services shall biennially audit a sample of the State programs funded under this title to ensure compliance with program requirements, including compliance with the nondisplacement requirements of section 1305(c), and to identify and protect against any waste, fraud, or abuse in such programs. 1307. Direct funding and administration for programs operated by Indian tribes (a) In general An Indian tribe or intertribal consortium with a tribal family assistance plan approved under section 412 (or any Indian tribe that is a member of such a consortium) or under the Indian Employment, Training and Related Services Act ( 25 U.S.C. 3401 tribal program application (b) Tribal program application requirements Subject to subsection (c), a tribal program application shall include a plan that meets the requirements of section 1302 in the same manner as such requirements apply to a State. (c) Program requirements (1) In general The program requirements specified in this title shall apply to an Indian tribe or intertribal consortium with a tribal program application and plan approved under this section in the same manner as such requirements apply to a State except to the extent that the Secretary determines that a requirement cannot reasonably be met by a tribe in the same or similar manner as such requirement would apply to a State. (2) Non-supplantation requirement Funds paid to an Indian tribe or intertribal consortium with a tribal program application and plan approved under this section or the Indian Employment, Training and Related Services Act ( 25 U.S.C. 3401 (d) Payments (1) In general Subject to paragraph (2), the Secretary shall pay an Indian tribe or intertribal consortium with a tribal program application and plan approved under this section in the same manner as States are paid under section 1304. (2) Application of tribal FMAP The Federal medical assistance percentage that would apply under subsection (d) of section 479B if an Indian tribe or tribal consortium operated a program under that section (in this subsection referred to as the tribal FMAP 1308. Direct funding and administration for programs operated by local governments (a) In general The Secretary shall establish procedures under which a local government, or a consortium of local governments within a State, may submit an application to the Secretary to establish a program under this title and directly receive payments for expenditures made to carry out the program (in this section referred to as a local government program application (1) the State in which the local government or consortium is located has not elected to establish a State program under this title; or (2) the local government or consortium can demonstrate that a local program would meet a need or serve a population that is not met or sufficiently served by the State program under this title. (b) Local government program application requirements Subject to subsection (c), a local government program application shall include a plan that meets the requirements of section 1302 in the same manner as such requirements apply to a State. (c) Program requirements (1) In general The program requirements specified in this title shall apply to a local government or consortium with a local government program application and plan approved under this section in the same manner as such requirements apply to a State except to the extent that the Secretary determines that a requirement cannot reasonably be met by a local government in the same or similar manner as such requirement would apply to a State. (2) Non-supplantation requirement Funds paid to a local government or consortium with a local government program application and plan approved under this section shall be used to supplement, not supplant, the total amount of local government or consortium expenditures for employment services, training and other services and activities, and supportive services provided through the adult and dislocated worker employment and training activities of the local government or consortium for the fiscal year. (d) Payments The Secretary shall pay a local government or consortium with a local government program application and plan approved under this section in the same manner as States are paid under section 1304. 1309. Grants to nonprofit organizations (a) In general The Secretary, in consultation with the Secretary of Labor, shall award multi-year grants on a competitive basis to nonprofit organizations that submit applications to carry out employment services programs, if the nonprofit organization demonstrates that— (1) the nonprofit organization is unable to receive funding through the relevant State program under this title; and (2) the employment services program of the nonprofit organization would meet a need or serve a population that is not met or sufficiently served by the relevant State program under this title. (b) Scope of grants Grants under this subsection may be regional programs or serve specific populations. (c) Application process A nonprofit organization seeking a grant under this subsection shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may reasonably require. Such information shall, to the extent practicable, include information similar to that required in a State plan under section 1302. (d) Selection The Secretary shall select applicants to receive a grant under this subsection based on— (1) the applicant’s level of experience and commitment to providing subsidized jobs; (2) the applicant’s demonstrated ability to recruit individuals of the region or other specific population served by the grant and provide work opportunities for such individuals; and (3) such other criteria as the Secretary determines appropriate. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section for each of fiscal years 2021 through 2026, such sums as are necessary. . (b) Public information about availability of employment services Not later than January 1, 2023, the Secretary of Health and Human Services shall make information publicly available to jobseekers (either on a website established for such purpose or on an existing Federal online resource that provides information to jobseekers) about— (1) whether they are eligible for employment services under a State, local government, or tribal program under title XIII of the Social Security Act (as added by subsection (a)); and (2) the appropriate State, local government, or tribal agency to contact for further information about such services and programs. 4. Employee retention work opportunity credit (a) In general Section 51 (l) Employee retention credit (1) In general The amount of the work opportunity credit determined under subsection (a) for the taxable year shall be increased by an amount equal to 40 percent of the qualified second-year wages for such year with respect to previously subsidized employees. (2) Qualified second-year wages (A) In general For purposes of this subsection, the term qualified second-year wages (i) which are paid to a previously subsidized employee, and (ii) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such employee determined under subsection (b)(2). (B) Limitation The amount of the qualified second-year wages which may be taken into account with respect to any individual shall not exceed $6,000 per year. (3) Previously subsidized employee For purposes of this subsection, the term previously subsidized employee . (b) GAO study The Comptroller General of the United States shall conduct a study on the employee retention credit under section 51(l) (1) whether such retention credit had a meaningful impact on retention as compared with other currently existing and previous subsidized employment programs; and (2) whether such retention credit was easily understood by employers and had an impact on hiring decisions in addition to any subsidy received under title XIII of the Social Security Act. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Conforming amendments (a) TANF (1) State plan Section 402 ( 42 U.S.C. 602 (A) in subsection (a)(1)— (i) in subparagraph (A)(iii), by inserting or employment services, training and other services and activities, and supportive services provided under the State program funded under title XIII (ii) in subparagraph (B)— (I) in clause (iv), by inserting , unless the parent or caretaker is participating in the State program funded under title XIII (II) by adding at the end the following: (vi) The document shall indicate whether the State elects to carry out a State program to provide employment services, training and other services and activities, and supportive services under title XIII. ; and (B) by adding at the end the following: (d) State option To submit plan that aligns with the State plan under title XIII A State may elect to submit the State plan required under this section at the same time and in the same manner, and to apply for the same period, as the State plan required under section 1302. . (2) Participation in the State employment, training, and supportive services program under title XIII–A deemed to be meeting work participation requirements Section 407(c)(2) ( 42 U.S.C. 607(c)(2) (E) Participation in the State employment, training, and supportive services program under title XIII–A deemed to be meeting work participation requirements For purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), the following individuals are deemed to be engaged in work for a month: (i) Recipients Any recipient who is participating in the State employment, training, and supportive services program under title XIII (for any number of hours per week during the month) and is receiving assistance under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). (ii) Individuals who would otherwise be recipients Any individual who is participating in the State employment, training, and supportive services program under title XIII (for any number of hours per week during the month) and would be a recipient of assistance under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) but for the individual's participation in the State employment, training and supportive services program under title XIII. . (3) Tribal programs Section 412(b) ( 42 U.S.C. 612(b) (4) Option to submit plan that aligns with the plan under title XIII An Indian tribe or tribal consortium may elect to submit a tribal family assistance plan required under this section at the same time and in the same manner, and to apply for the same period, as the plan required under section 1307. . (b) Title XI Section 1101(a)(1) of such Act ( 42 U.S.C. 1301(a)(1) title XX titles XIII and XX (c) Internal revenue code Section 51(c)(2)(B) section 482(e) title XIII (d) Table of contents for title XIII Title XIII, as added by section 3(a), is amended by inserting the following before section 1301: TITLE XIII—Reemployment and other Job-Related Assistance and Benefits Sec. 1301. Purpose; definitions; administration. Sec. 1302. State plan requirements. Sec. 1303. Use of funds. Sec. 1304. Payments to States. Sec. 1305. Other program requirements. Sec. 1306. Reports; technical assistance; research; audit requirement. Sec. 1307. Direct funding and administration for programs operated by Indian tribes. Sec. 1308. Direct funding and administration for programs operated by local governments. Sec. 1309. Grants to nonprofit organizations. . 6. Effective date; regulations (a) Effective date Except as provided in section 4(c), the amendments made by this Act shall take effect on January 1, 2023. (b) Option To accelerate funding (1) In general If the Secretary of Health and Human Services receives from a State, Indian tribe, or unit of local government, a written notice, in such form and manner and containing such information as the Secretary shall require, that the State, Indian tribe, or unit of local government is operating, or wishes to operate, an employment assistance program, then, during the period beginning on the first day of the first fiscal quarter that begins on or after the date that the Secretary receives such notice and ending on December 31, 2022, the Secretary shall make payments to the State, Indian tribe, or unit of local government under paragraph (3). (2) Definitions In this subsection: (A) Employment assistance program The term employment assistance program 42 U.S.C. 401 (B) Qualified program assistance The term qualified program assistance (3) Payments (A) In general Subject to subparagraph (B), the Secretary shall pay to any State, Indian tribe, or local government that has a notice in effect under paragraph (1) for a fiscal quarter with respect to an employment assistance program, an amount equal to the amount that such State, tribe, or local government would receive under title XIII of the Social Security Act (as added by section 3) if— (i) such title were in effect with respect to such State, tribe, or local government; (ii) the State, tribe, or local government had a plan that met all requirements of such title and was approved under such title for such fiscal quarter, and the amounts expended by the State, tribe, or local government on qualified program assistance under such program, were amounts expended by the State, tribe, or local government to provide such assistance under such plan; (iii) the requirements of sections 1303, 1304(c), 1305, and 1306 of such title did not apply; and (iv) the Federal medical assistance percentage for the State, Indian tribe or tribal consortium, or local government were 100 percent. (B) Limitations (i) No duplicate funding For purposes of subparagraph (A), in determining the amounts expended by a State, tribe, or local government under an employment assistance program to provide qualified program assistance, the total amount of State expenditures on such assistance shall be reduced by the amount of Federal funds (other than funds paid under this subsection) that have been paid or that are expected to be paid to the State, tribe, or local government with respect to such assistance. (ii) No funding for administrative expenses unrelated to qualified program assistance No payment shall be made to a State, Indian tribe, or local government under this subsection for administrative expenses of an employment assistance program that are not attributable to the administration of qualified program assistance. (c) Regulations The Secretary of Health and Human Services, in consultation with the Secretary of Labor as appropriate, shall— (1) not later than 30 days after the date of enactment of this Act, issue guidance to States on how to seek accelerated funding under subsection (b); (2) not later than 9 months after the date of the enactment of this Act, issue proposed regulations for the purpose of implementing title XIII of the Social Security Act (as added by section 2 of this Act), including regulations establishing uniform data collection requirements; and (3) not later than 18 months after the date of enactment of this Act, publish final regulations for such purpose. | Jobs for Economic Recovery Act of 2021 |
China Trade Relations Act of 2021 This bill withdraws normal trade relations treatment from China and expands the bases of ineligibility for this treatment to include specified violations of human rights by China. Specifically, during any period in which China engages in specified activities (e.g., using slave labor, performing forced abortion or sterilization, or hindering the free exercise of religion) (1) products from China shall not be eligible to receive nondiscriminatory treatment (normal trade relations), (2) China may not participate in any U.S. program that extends credits or credit guarantees or investment guarantees, and (3) the President may not conclude any commercial agreement with China. | 106 S785 IS: China Trade Relations Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 785 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Cotton Mr. Scott of Florida Mr. Inhofe Committee on Finance A BILL To withdraw normal trade relations treatment from, and apply certain provisions of title IV of the Trade Act of 1974 to, products of the People’s Republic of China, and to expand the eligibility requirements for products of the People's Republic of China to receive normal trade relations treatment in the future, and for other purposes. 1. Short title This Act may be cited as the China Trade Relations Act of 2021 2. Withdrawal of normal trade relations treatment from the People’s Republic of China Notwithstanding the provisions of title I of Public Law 106–286 (1) normal trade relations treatment shall not apply pursuant to section 101 of that Act to the products of the People’s Republic of China; (2) normal trade relations treatment may thereafter be extended to the products of the People's Republic of China only in accordance with the provisions of chapter 1 of title IV of the Trade Act of 1974 19 U.S.C. 2431 (3) the extension of waiver authority that was in effect with respect to the People’s Republic of China under section 402(d)(1) of the Trade Act of 1974 19 U.S.C. 2432(d)(1) 3. Expansion of bases of ineligibility of People's Republic of China for normal trade relations (a) In general Section 402 of the Trade Act of 1974 ( 19 U.S.C. 2432 (1) in the section heading, by striking Freedom of emigration in East-West trade East-West trade and human rights (2) by adding at the end the following: (f) Additional bases of ineligibility of People's Republic of China for normal trade relations (1) In general Products from the People's Republic of China shall not be eligible to receive nondiscriminatory treatment (normal trade relations), the People's Republic of China shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President shall not conclude any commercial agreement with the People's Republic of China, during the period— (A) beginning with the date on which the President determines that the People's Republic of China— (i) is in violation of paragraph (1), (2), or (3) of subsection (a); (ii) uses or provides for the use of slave labor; (iii) operates vocational training and education centers (iv) performs or otherwise orders forced abortion or sterilization procedures; (v) harvests the organs of prisoners without their consent; (vi) hinders the free exercise of religion; (vii) intimidates or harasses nationals of the People's Republic of China living outside the People's Republic of China; or (viii) engages in systematic economic espionage against the United States, including theft of the intellectual property of United States persons; and (B) ending on the date on which the President determines that the People's Republic of China is no longer in violation of any of clauses (i) through (viii) of subparagraph (A). (2) Report required (A) In general After the date of the enactment of this subsection, products of the People's Republic of China may be eligible to receive nondiscriminatory treatment (normal trade relations), the People's Republic of China may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and the President may conclude a commercial agreement with the People's Republic of China, only after the President has submitted to Congress a report indicating that the People's Republic of China is not in violation of any of clauses (i) through (viii) of paragraph (1)(A). (B) Elements The report required by subparagraph (A) shall include information as to the nature and implementation of laws and policies of the People's Republic of China relating to the matters specified in clauses (i) through (viii) of paragraph (1)(A). (C) Deadlines The report required by subparagraph (A) shall be submitted on or before each June 30 and December 31 of each year for as long as products of the People's Republic of China receive nondiscriminatory treatment (normal trade relations), the People's Republic of China participates in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, or a commercial agreement with the People's Republic of China is in effect. (3) Waiver (A) In general The President is authorized to waive by Executive order the application of paragraphs (1) and (2) for a 12-month period if the President submits to Congress a report that the President— (i) has determined that such waiver will substantially promote the objectives of this subsection; and (ii) has received assurances that the practices of the People's Republic of China relating to the matters specified in clauses (i) through (viii) of paragraph (1)(A) will in the future lead substantially to the achievement of the objectives of this subsection. (B) Termination of waiver A waiver under subparagraph (A) shall terminate on the earlier of— (i) the day after the waiver authority granted by this paragraph ceases to be effective under paragraph (4); or (ii) the effective date of an Executive order providing for termination of the waiver. (4) Extension of waiver authority (A) Recommendations If the President determines that the further extension of the waiver authority granted under paragraph (3) will substantially promote the objectives of this subsection, the President may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall— (i) be made not later than 30 days before the expiration of such authority; (ii) be made in a document submitted to the House of Representatives and the Senate setting forth the reasons of the President for recommending the extension of such authority; and (iii) include— (I) a determination that continuation of the waiver will substantially promote the objectives of this subsection; and (II) a statement setting forth the reasons of the President for such determination. (B) Continuation in effect of waiver If the President recommends under subparagraph (A) the further extension of the waiver authority granted under paragraph (3), such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension, unless— (i) Congress adopts and transmits to the President a joint resolution of disapproval under paragraph (5) before the end of the 60-day period beginning on the date the waiver authority would expire but for an extension under subparagraph (A); and (ii) if the President vetoes the joint resolution, each House of Congress votes to override the veto on or before the later of— (I) the last day of the 60-day period referred to in clause (i); or (II) the last day of the 15-day period (excluding any day described in section 154(b)) beginning on the date on which Congress receives the veto message from the President. (C) Termination of waiver pursuant to joint resolution of disapproval If a joint resolution of disapproval is enacted into law pursuant to paragraph (5), the waiver authority granted under paragraph (3) shall cease to be effective as of the day after the 60-day period beginning on the date of the enactment of the joint resolution. (5) Joint resolution of disapproval (A) Joint resolution of disapproval defined In this paragraph, the term joint resolution of disapproval That Congress does not approve the extension of the authority contained in paragraph (3) of section 402(f) of the Trade Act of 1974 with respect to the People's Republic of China recommended by the President to Congress under paragraph (4) of that section on ___. (B) Procedures in House and Senate The provisions of subsections (b) through (f) of section 152 shall apply with respect to a joint resolution of approval to the same extent and in the same manner as such provisions apply with respect to a resolution described in subsection (a) of that section, except that subsection (e)(2) of that section shall be applied and administered by substituting Consideration Debate (C) Rules of the house of representatives and senate This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such other rules; and (ii) 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. . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 402 and inserting the following: Sec. 402. East-West trade and human rights. . | China Trade Relations Act of 2021 |
Stop for School Buses Act This bill addresses safety measures and programs to prevent the illegal passing of school buses. Specifically, the Department of Transportation must conduct a review of existing state laws and programs regarding the illegal passing of school buses, including laws that may inhibit school bus loading zone countermeasures; establish and implement a nationwide public safety campaign to highlight the dangers of illegally passing school buses, including by providing students and the public information relating to safe loading and unloading of school buses; review and evaluate the effectiveness of various technologies to enhance school bus safety; review driver education materials in states to determine how the illegal passing of school buses is addressed; and research and prepare a report on the connections between the illegal passing of school buses and other safety issues. | 117 S786 IS: Stop for School Buses Act U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 786 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Young Mr. Peters Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to review laws relating to the illegal passing of school buses and to execute a public safety messaging campaign relating to illegal passing of school buses, and for other purposes. 1. Short title This Act may be cited as the Stop for School Buses Act 2. Illegal passing of school buses (a) Definitions In this section: (1) Department The term Department (2) Secretary The term Secretary (b) Review of illegal passing laws (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) prepare a compilation of illegal passing laws in all States, including— (i) levels of enforcement and penalties and enforcement issues relating to those laws; and (ii) the impact of those laws on illegal passing of school buses in each State; (B) review existing State laws that may inhibit effective school bus loading zone countermeasures, including— (i) laws requiring camera visibility of the face of a driver for enforcement action; (ii) laws that may reduce stop-arm camera effectiveness; (iii) laws requiring an officer to witness an event for enforcement actions relating to the event; and (iv) lack of primary enforcement for texting-and-driving offenses; (C) evaluate methods used by States to review, document, and report to law enforcement school bus stop-arm violations; and (D) on completion of the compilation under subparagraph (A), prepare recommendations regarding best practices for effective approaches to address illegal passing of school buses. (2) Publication The Secretary shall publish the compilation and recommendations prepared under subparagraphs (A) and (D) of paragraph (1) on the website of the Department. (c) Public safety messaging campaign (1) In general Not later than 1 year after the date on which the Secretary publishes the compilation and recommendations under subsection (b)(2), the Secretary shall establish and carry out a public safety messaging campaign for distribution to States, divisions of motor vehicles, schools, and other public organizations to highlight the dangers of the illegal passing of school buses, including providing to students and the public information relating to safe loading and unloading of school buses. (2) Consultation In developing materials for the campaign under paragraph (1), the Secretary shall consult with— (A) public and private school bus industry representatives; and (B) States. (3) Updates The Secretary shall periodically update materials for the campaign under paragraph (1). (d) Review of technologies (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall review and evaluate the effectiveness of various technologies to enhance school bus safety, including— (A) cameras; (B) audible warning systems; (C) enhanced lighting; and (D) other technological solutions. (2) Content The review and evaluation under paragraph (1)— (A) shall include an evaluation of, as applicable— (i) the costs of new equipment; (ii) potential impacts on overall school bus ridership; (iii) advanced technologies surrounding loading zone safety; (iv) motion-activated detection systems that are capable of— (I) detecting pedestrians, bicyclists, and other road users located near the exterior of a school bus; and (II) alerting the operator of a school bus of the road users described in subclause (I); and (v) school bus lighting systems, to ensure clear communication to surrounding drivers regarding appropriate actions; and (B) may include other technological solutions that enhance school bus safety. (3) Consultation In conducting the review under paragraph (1), the Secretary shall consult with— (A) manufacturers of school buses or similar vehicles; (B) manufacturers of various technologies; and (C) school bus industry representatives. (4) Publication The Secretary shall publish the findings of the review under paragraph (1) on the website of the Department. (e) Review of driver education materials (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) review driver education materials across all States to determine whether and the method by which illegal passing of school buses is addressed in— (i) driver education manuals; (ii) noncommercial driver’s license testing; (iii) road tests; and (iv) any other driver education materials; and (B) provide to Congress recommendations regarding the means by which States can improve education regarding illegal passing of school buses, particularly with respect to new drivers. (2) Consultation In conducting the review under paragraph (1), the Secretary shall consult with— (A) school bus industry representatives; (B) States; (C) motor vehicle administrators; and (D) other appropriate motor vehicle experts. (3) Publication The Secretary shall publish the findings of the review under paragraph (1) on the website of the Department. (f) Review of other safety issues (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) conduct research relating to the connections between illegal passing of school buses and other safety issues, including— (i) distracted driving; (ii) morning darkness; (iii) poor visibility; (iv) illumination and reach of vehicle headlights; (v) speed limits; and (vi) school bus stop locations in rural areas; and (B) prepare a report describing the findings of the research conducted under subparagraph (A). (2) Publication The Secretary shall publish the report prepared under paragraph (1)(B) on the website of the Department. | Stop for School Buses Act |
Firearms Safety Act This bill allows an individual taxpayer a new refundable tax credit for the sum of amounts paid for any gun safe and for a concealed carry firearms course or firearm safety course. The bill prohibits any requirement to provide information on firearms owned by the taxpayer. | 117 S788 IS: Firearms Safety Act U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 788 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Marshall Mrs. Hyde-Smith Mr. Hawley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a nonrefundable tax credit for the purchase of gun safes and gun safety courses. 1. Short title This Act may be cited as the Firearms Safety Act 2. Nonrefundable tax credit for gun safes and gun safety courses (a) In general Subpart A of part IV of subchapter A of chapter 1 25E. Firearm safety credit (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) the amount paid by the taxpayer for any gun safe that is placed into service by the taxpayer during the taxable year, and (2) the amount paid by the taxpayer during the taxable year for a concealed carry firearms course or a firearm safety course which— (A) is taught by a firearms instructor certified by the State to teach such course, or (B) satisfies the training requirement, if any, for any license or permit related to a firearm (including a hunting license) which is issued under the authority of State law. (b) Limitations (1) In general The amount of the credit allowable to a taxpayer under subsection (a) for any taxable year shall not exceed— (A) for purposes of the credit allowable under paragraph (1) of such subsection, $100, and (B) for purposes of the credit allowable under paragraph (2) of such subsection, $100. (2) Gun safes No credit under subsection (a)(1) shall be allowed to any taxpayer if a credit has been allowed under such subsection to the taxpayer for any of the 10 preceding taxable years. (c) Prohibition on collection of information regarding firearms No taxpayer shall be required, as a condition of the credit allowed under this section, to provide any information with respect to any firearms owned by the taxpayer. . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 Sec. 25E. Firearm safety credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. | Firearms Safety Act |
Federal Advisory Committee Transparency ActThis bill revises provisions regarding federal advisory committees, including to (1) require designation of committee members as special government employees or representatives, (2) apply the Federal Advisory Committee Act (FACA) to subcommittees and subgroups, and (3) require publication of certain information about advisory committees. The bill requires appointments to advisory committees to be made without regard to political affiliation or campaign activity, unless required by federal statute. Each agency, prior to appointing members to an advisory committee, must solicit nominations for potential committee members. The agency shall solicit nominations at least once every two years. The bill provides statutory authority for the designation of advisory committee members as special government employees (if they are appointed to exercise their individual best judgement) or representatives (if they are appointed to represent a nongovernment entity). Agencies may not designate committee members as representatives to avoid federal ethics rules. Each agency shall make available on its website specified information about each of the agency's advisory committees, including membership, meeting minutes, and notices of future meetings. The General Services Administration must also publish this information. The bill revises requirements for Advisory Committee Management Officers, including to require them to be senior officials with expertise in implementing FACA. The Government Accountability Office shall report on agency compliance with FACA. | 117 S790 IS: Federal Advisory Committee Transparency Act U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 790 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Portman Ms. Hassan Committee on Homeland Security and Governmental Affairs A BILL To amend the Federal Advisory Committee Act to increase the transparency of Federal advisory committees, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Federal Advisory Committee Transparency Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Ensuring independent advice and expertise. Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure. Sec. 4. Increasing transparency of advisory committees. Sec. 5. Managing Federal advisory committees. Sec. 6. Comptroller General review and reports. Sec. 7. Application of Federal Advisory Committee Act to trade advisory committees. Sec. 8. Definitions. Sec. 9. Technical and conforming amendments. Sec. 10. Effective date. Sec. 11. No additional funds authorized. Sec. 12. Determination of budgetary effects. 2. Ensuring independent advice and expertise (a) Bar on political litmus tests Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended— (1) in the section heading, by inserting MEMBERSHIP; ADVISORY COMMITTEES; (2) by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and (3) by inserting after subsection (a) the following: (b) Appointments made without regard to political affiliation or activity All appointments to advisory committees shall be made without regard to political affiliation or political campaign activity, unless required by Federal statute. . (b) Minimizing conflicts of interest Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.), as amended by subsection (a) of this section, is further amended by inserting after subsection (b) (as added by such subsection (a)) the following: (c) Public nominations of committee members (1) Before making an appointment to an advisory committee, the head of an agency shall— (A) solicit nominations for potential committee members; (B) if the head of the agency is required to publish a notice under subsection (a)(2), include in the notice a solicitation for nominations of potential committee members; and (C) provide in the notice under subparagraph (B) a mechanism for interested persons to comment through a publicly available website of the agency. (2) The head of an agency shall consider any comments submitted in accordance with paragraph (1)(C) in appointing the members of an advisory committee. (3) The head of an agency shall solicit nominations under paragraph (1) not less frequently than once every 2 years. (4) Notwithstanding paragraph (1), if a vacancy in an advisory committee occurs before the next scheduled solicitation for nominations under this subsection, an agency may appoint a member from among individuals that were previously nominated to be a member of the advisory committee. (d) Designation of committee members (1) An individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the Federal Government shall be designated as— (A) a special Government employee, if the individual is providing advice based on the individual’s expertise or experience; or (B) a representative, if the individual is representing the views of an entity or entities outside of the Federal Government. (2) An agency may not designate committee members as representatives to avoid subjecting them to Federal ethics rules and requirements. (3) The designated agency ethics official for each agency shall review the members of each advisory committee that reports to the agency to determine whether each member’s designation is appropriate, and to redesignate members if appropriate. The designated agency ethics official shall certify to the head of the agency that such review has been made— (A) following the initial appointment of members; and (B) at the time a committee’s charter is renewed, or, in the case of a committee with an indefinite charter, every 2 years. (4) The head of each agency shall inform each individual who is not a full-time or permanent part-time officer or employee of the Federal Government appointed to an advisory committee that reports to the agency whether the individual is appointed as a special Government employee or as a representative. The agency head shall provide each committee member with an explanation of the differences between special Government employees and representatives and a summary of applicable ethics requirements. The agency head, acting through the designated agency ethics official, shall obtain signed and dated written confirmation from each committee member that the member received and reviewed the information required by this paragraph. (5) The Director of the Office of Government Ethics shall provide guidance to agencies on what to include in the summary of ethics requirements required by paragraph (4). (6) The head of each agency shall, to the extent practicable, develop and implement strategies to minimize the need for written determinations under section 208(b)(3) of title 18, United States Code. Strategies may include such efforts as improving outreach efforts to potential committee members and seeking public input on potential committee members. (7) Nothing in this subsection shall be construed to supersede the inapplicability of this Act with respect to peer review groups appointed under paragraph (16) of section 402(b) of the Public Health Service Act ( 42 U.S.C. 282(b) . (c) Regulations implementing FACA Section 7(c) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by inserting promulgate regulations and The Administrator shall (d) Ensuring independent advice and recommendations The Federal Advisory Committee Act (5 U.S.C. App.) is amended— (1) in section 8— (A) in the section heading, by inserting INDEPENDENT ADVICE AND RECOMMENDATIONS; RESPONSIBILITIES OF AGENCY HEADS; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) The head of each agency shall ensure that the agency does not interfere with the free and independent participation, expression of views, and deliberation by committee members. Each advisory committee shall include a statement describing the process used by the advisory committee in formulating the advice and recommendations when they are transmitted to the agency. ; and (2) in section 10— (A) in the section heading, by inserting ; CHAIR ATTENDANCE (B) by inserting after subsection (f) the following new subsection: (g) The chair shall not be an employee of the agency to which the advisory committee reports, unless— (1) a statute specifically authorizes selection of such an employee as the chair; or (2) the head of the agency directs an employee to serve as the chair. . 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure (a) Subcommittees Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking subsection (a) and inserting the following: (a) Application The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee, including any subcommittee or subgroup thereof, except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. Any subcommittee or subgroup that reports to a parent committee established under section 9(a) is not required to comply with section 9(f). . (b) Committees created under contract Section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended in the matter following subparagraph (C) by adding at the end the following: An advisory committee is considered to be established by an agency, agencies, or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency, agencies, or the President. (c) Advisory committees containing special government employees Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new subsection: (d) Special government employees Committee members appointed as special Government employees shall not be considered full-time or permanent part-time officers or employees of the Federal Government for purposes of determining the applicability of this Act under section 3(2). . 4. Increasing transparency of advisory committees (a) Information requirement Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended to read as follows: 11. Disclosure of information (a) In general With respect to each advisory committee, the head of the agency to which the advisory committee reports shall make publicly available in accordance with subsection (b) the following information: (1) The charter of the advisory committee. (2) A description of the process used to establish and appoint the members of the advisory committee, including the following: (A) The process for identifying prospective members. (B) The process of selecting members for balance of viewpoints or expertise. (C) The reason each member was appointed to the committee. (D) A justification of the need for representative members, if any. (3) A list of all current members, including, for each member, the following: (A) The name of any person or entity that nominated the member. (B) Whether the member is— (i) designated as a special Government employee; (ii) a representative; or (iii) a full-time or permanent part-time officer or employee of the Federal Government. (C) In the case of a representative, the individuals or entity whose viewpoint the member represents. (4) A list of all members designated as special Government employees for whom written certifications were made under section 208(b) of title 18, United States Code, a copy of each such certification, a summary description of the conflict necessitating the certification, and the reason for granting the certification. (5) Any recusal agreement made by a member or any recusal known to the agency that occurs during the course of a meeting or other work of the committee. (6) A summary of the process used by the advisory committee for making decisions. (7) Detailed minutes of all meetings of the committee and a description of committee efforts to make meetings accessible to the public using online technologies (such as video recordings) or other techniques (such as audio recordings). (8) Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination. (9) Notices of future meetings of the committee. (10) Any additional information considered relevant by the head of the agency to which the advisory committee reports. (b) Manner of disclosure (1) In general Except as provided in paragraph (2), the head of an agency shall make the information required to be disclosed under subsection (a) available electronically on a publicly available website of the agency and to the Administrator at least 15 calendar days before each meeting of an advisory committee. If the head of the agency determines that such timing is not practicable for any required information, such head shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the committee. An agency may withhold from disclosure any information that would be exempt from disclosure under section 552 of title 5, United States Code. (2) Website availability The head of an agency shall make available electronically, on a publicly available website of the agency, detailed minutes and, to the extent available, a transcript or audio or video recording of each advisory committee meeting not later than 45 calendar days after such meeting. (3) Grant reviews In the case of grant reviews, disclosure of information required by subsection (a)(3) may be provided in the aggregate rather than by individual grant. (c) Provision of information by administrator of general services The Administrator shall provide, on a publicly available website of the General Services Administration, electronic access to the information made available by each agency under this section. (d) Availability of meeting materials (1) In general Except as provided in paragraph (2) and where prohibited by contractual agreements entered into prior to the effective date of the Federal Advisory Committee Transparency Act (2) Applicability Nothing in this subsection shall be construed to require the disclosure of information that is protected from mandatory disclosure by statute. . (b) Charter filing Subsection (f) of section 9 (f) No advisory committee shall meet or take any action until an advisory committee charter has been filed with the Administrator, the head of the agency to whom any advisory committee reports, and the standing committees of the Senate and of the House of Representatives having legislative jurisdiction of such agency. Such charter shall contain the following information in the following order: (1) The committee’s official designation. (2) The authority under which the committee is established. (3) The committee’s objectives and the scope of its activity. (4) A description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions. (5) The agency or official to whom the committee reports. (6) The agency responsible for providing the necessary support for the committee. (7) The responsibilities of the officer or employee of the Federal Government designated under section 10(e). (8) The estimated number and frequency of committee meetings. (9) The period of time necessary for the committee to carry out its purposes. (10) The committee’s termination date, if less than 2 years from the date of the committee’s establishment. (11) The estimated number of members and a description of the expertise needed to carry out the objectives of the committee. (12) A description of whether the committee will be composed of full- or part-time Government employees, special Government employees, representatives, or a combination of categories. (13) Whether the agency intends to create subcommittees and if so, the agency official authorized to exercise such authority. (14) The estimated annual operating costs in dollars and full-time equivalent positions for such committee. (15) The recordkeeping requirements of the committee. (16) The date the charter is filed. A copy of any such charter shall also be furnished to the Library of Congress. . 5. Managing Federal advisory committees (a) Committee management officers Subsection (c) of section 8 (c) The head of each agency that has an advisory committee shall designate an Advisory Committee Management Officer who shall— (1) be a senior official who is— (A) an expert in implementing the requirements of this Act and regulations promulgated pursuant to this Act; and (B) the primary point of contact for the General Services Administration; (2) ensure the establishment, management, and supervision of the advisory committees of the agency, including establishing procedures, performance measures, and outcomes for such committees; (3) ensure the assembly and maintenance of the reports, records, and other papers (including advisory committee meeting materials) of any such committee during its existence; (4) ensure any such committee and corresponding agency staff adhere to the provisions of this Act and any regulations promulgated pursuant to this Act; (5) ensure the maintenance of records on each employee of any such committee and completion of training required for any such employee; (6) be responsible for providing the information required in section 7(b) of this Act to the Administrator; and (7) carry out, on behalf of that agency, the provisions of section 552 of title 5, United States Code, with respect to the reports, records, and other papers described in paragraph (3). . 6. Comptroller General review and reports (a) Review The Comptroller General of the United States shall review compliance by agencies with the Federal Advisory Committee Act (5 U.S.C. App.), as amended by this Act, including whether agencies are appropriately appointing advisory committee members who are not full-time or permanent part-time officers or employees of the Federal Government as either special Government employees or representatives. (b) Report The Comptroller General shall submit to the committees described in subsection (c) two reports on the results of the review, as follows: (1) The first report shall be submitted not later than 1 year after the date of promulgation of regulations under section 7(c) (2) The second report shall be submitted not later than 5 years after such date of promulgation of regulations. (c) Committees The committees described in this subsection are the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. 7. Application of Federal Advisory Committee Act to trade advisory committees Section 135(f)(2)(A) of the Trade Act of 1974 ( 19 U.S.C. 2155(f)(2)(A) subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act subsections (a) and (b) of section 10 and subsections (a)(7), (a)(8), (a)(9), (b)(2), and (d) of section 11 of the Federal Advisory Committee Act 8. Definitions Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new paragraph: (5) The term special Government employee . 9. Technical and conforming amendments Section 7(d)(1) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended— (1) in subparagraph (A), by striking the rate specified for GS–18 of the General Schedule under section 5332 the rate for level IV of the Executive Schedule under section 5315 (2) in subparagraph (C)(i), by striking handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 individuals with disabilities (as defined in section 7(20) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(20) 10. Effective date This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. 11. No additional funds authorized No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. 12. 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 ( 2 U.S.C. 931 Budgetary Effects of PAYGO Legislation | Federal Advisory Committee Transparency Act |
Federal Bird Safe Buildings Act of 2021 This bill requires the General Services Administration (GSA) to develop and implement strategies for reducing bird fatalities from collisions with public buildings. Specifically, the GSA must incorporate relevant features and strategies into public buildings that are newly constructed, acquired, or substantially altered so as to reduce bird fatalities. The GSA must also develop a related design guide and annually certify its active use. The bill's provisions do not apply to buildings and sites on the National Register of Historic Places, the White House and its grounds, the Supreme Court building and its grounds, or the U.S. Capitol and any buildings on its grounds. | 117 S791 IS: Federal Bird Safe Buildings Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 791 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Booker Committee on Environment and Public Works A BILL To amend title 40, United States Code, to direct the Administrator of General Services to incorporate practices and strategies to reduce bird fatalities resulting from collisions with certain public buildings, and for other purposes. 1. Short title This Act may be cited as the Federal Bird Safe Buildings Act of 2021 2. Use of bird-safe features, practices, and strategies in public buildings (a) In general Chapter 33 3319. Use of bird-safe features, practices, and strategies in public buildings (a) Construction, alteration, and acquisition of public buildings The Administrator of General Services (referred to in this section as the Administrator (1) constructed; (2) acquired; or (3) of which more than 50 percent of the facade is substantially altered, as determined by the Commissioner of Public Buildings. (b) Design guide The Administrator shall develop a design guide to carry out subsection (a) that includes the following: (1) Features for reducing bird fatalities resulting from collisions with public buildings throughout all construction phases, taking into account the number of bird fatalities that occur at different types of public buildings. (2) Methods and strategies for reducing bird fatalities resulting from collisions with public buildings during the operation and maintenance of those buildings, including installing interior, exterior, and site lighting. (3) Best practices for reducing bird fatalities resulting from collisions with public buildings, including— (A) a description of the reasons for adopting the practices; and (B) an explanation for the omission of a best practice identified under subsection (c). (c) Identifying best practices To carry out subsection (b)(3), the Administrator may identify best practices for reducing bird fatalities resulting from collisions with public buildings, including best practices recommended by— (1) Federal agencies with expertise in bird conservation; (2) nongovernmental organizations with expertise in bird conservation; and (3) representatives of green building certification systems. (d) Dissemination of design guide The Administrator shall disseminate the design guide developed under subsection (b) to all Federal agencies, subagencies, and departments with independent leasing authority from the Administrator. (e) Update to design guide The Administrator shall, on a regular basis, update the design guide developed under subsection (b) with respect to the priorities of the Administrator for reducing bird fatalities resulting from collisions with public buildings. (f) Exempt buildings This section shall not apply to— (1) any building or site listed, or eligible for listing, on the National Register of Historic Places; (2) the White House and the grounds of the White House; (3) the Supreme Court building and the grounds of the Supreme Court; or (4) the United States Capitol and any building on the grounds of the Capitol. (g) Certification Not later than October 1 of each fiscal year, the Administrator, acting through the Commissioner of Public Buildings, shall certify to Congress that the Administrator uses the design guide developed under subsection (b) for each public building described in subsection (a). (h) Report Not later than October 1 of each fiscal year, the Administrator shall submit to Congress a report that includes— (1) the certification under subsection (g); and (2) to the extent practicable, the number of bird fatalities that occurred as a result of a collision with the public buildings occupied by each Federal agency. . (b) Clerical amendment The table of sections for chapter 33 3319. Use of bird-safe features, practices, and strategies in public buildings. . | Federal Bird Safe Buildings Act of 2021 |
Tax Excessive CEO Pay Act of 2021 This bill increases the current 21% income tax rate of corporations whose ratio of compensation of their principal executive officers or other highest compensated employees to median worker compensation is more than 50 to 1, in which case the increase is 0.5%. The pay ratio disparity extends from 100 to 1 to 500 to 1, in which case the increase is 5%. The bill exempts from such increase certain corporations based upon their average annual gross receipts. | 117 S794 IS: Tax Excessive CEO Pay Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 794 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Sanders Ms. Warren Mr. Van Hollen Mr. Markey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose a corporate tax rate increase on companies whose ratio of compensation of the CEO or other highest paid employee to median worker compensation is more than 50 to 1, and for other purposes. 1. Short title This Act may be cited as the Tax Excessive CEO Pay Act of 2021 2. Corporate tax increase based on compensation ratio (a) In general Section 11 (e) Tax increase based on pay ratio (1) In general (A) Increase imposed In the case of any corporation (except as provided in subparagraph (B)(ii)(II)) the pay ratio of which is greater than 50 to 1 for a taxable year, the 21 percent rate under subsection (b) for such taxable year shall be increased by the penalty determined under paragraph (2). (B) Pay ratio For purposes of this subsection— (i) In general The term pay ratio (ii) Corporations not subject to SEC filing In the case of a corporation which (without regard to this clause) is not subject to the authorities described in section 229.10(a) of title 17, Code of Federal Regulations (or any successor thereto)— (I) Large corporations If the average annual gross receipts of such corporation for the 3-taxable-year period ending with the taxable year which precedes such taxable year are at least $100,000,000, such corporation shall calculate and report its pay ratio according to the method which the Secretary shall prescribe by regulations consistent with the regulation described in clause (i). (II) Other private corporations exempt Subparagraph (A) shall not apply to any such corporation if the average annual gross receipts of such corporation for the 3-taxable-year period ending with the taxable year which precedes such taxable year are less than $100,000,000. (2) Amount of penalty The penalty determined under this paragraph is an increase, expressed in percentage points, determined in accordance with the following table: If the pay ratio is: The increase is: Greater than 50 to 1, but not greater than 100 to 1 0.5 Greater than 100 to 1, but not greater than 200 to 1 1 Greater than 200 to 1, but not greater than 300 to 1 2 Greater than 300 to 1, but not greater than 400 to 1 3 Greater than 400 to 1, but not greater than 500 to 1 4 Greater than 500 to 1 5. . (b) Conforming amendments (1) The following sections of the Internal Revenue Code of 1986 are each amended by inserting applicable to the corporation (after the application of section 11(e)) section 11(b) (A) Section 280C(c)(3)(B)(ii)(II). (B) Paragraphs (2)(B) and (6)(A)(ii) of section 860E(e). (C) Section 7874(e)(1)(B). (2) Section 852(b)(3)(A) of such Code is amended by inserting (after the application of section 11(e)) section 11(b) (3) Paragraphs (1) and (2) of section 1445(e)(1) of such Code are each amended by striking in effect for the taxable year under section 11(b) applicable to such corporation under section 11 for the taxable year (4) Section 1446(b)(2)(B) of such Code is amended by striking specified in section 11(b) applicable to such corporation under section 11 for the taxable year (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (d) Regulations The Secretary of the Treasury (or the Secretary's delegate) shall issue regulations as necessary to prevent avoidance of the purposes of the amendments made by subsection (a), including regulations to prevent the manipulation of the compensation ratio under section 11(e) | Tax Excessive CEO Pay Act of 2021 |
Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act This bill establishes the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site in Illinois as a unit of the National Park System. The purpose of the site is to preserve, protect, and interpret (1) the Great Migration, (2) the memorial service and funeral of Emmett Till, (3) the courage and activism of Mamie Till-Mobley, and (4) the civil rights movement. The National Park Service shall prepare a general management plan for the site. | 117 S795 IS: Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 795 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Ms. Duckworth Mr. Durbin Mr. Booker Mr. Wicker Mrs. Hyde-Smith Committee on Energy and Natural Resources A BILL To establish the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act 2. Definitions In this Act: (1) National Historic Site The term National Historic Site (2) Secretary The term Secretary 3. Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site (a) Establishment There is established the Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site in the State of Illinois as a unit of the National Park System. (b) Purpose The purpose of the National Historic Site is to preserve, protect, and interpret for the benefit of present and future generations resources associated with— (1) the Great Migration; (2) the memorial service and funeral of Emmett Till; (3) the courage and activism of Mamie Till-Mobley; and (4) the civil rights movement. (c) Map; Boundaries (1) Map As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map of the National Historic Site. (2) Availability of map The map prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) Boundaries The boundaries of the National Historic Site shall be the boundaries generally depicted on the map prepared under paragraph (1). (d) Acquisition authority The Secretary may acquire any land or interest in land located within the boundary of the National Historic Site by— (1) donation; (2) purchase from a willing seller with donated or appropriated funds; or (3) exchange. (e) Administration (1) In general The Secretary shall administer the National Historic Site in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan (A) Deadline for completion Not later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a general management plan for the National Historic Site, the Secretary shall prepare a general management plan for the National Historic Site in accordance with section 100502 of title 54, United States Code. (B) Inclusion The general management plan prepared under subparagraph (A) shall identify, as appropriate, the roles and responsibilities of the National Park Service and any applicable management entity in administering and interpreting the National Historic Site and areas affiliated with the National Historic Site in a manner that does not interfere with existing operations and the continued use of existing facilities at the National Historic Site. (C) Submission to Congress On completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the general management plan prepared under that subparagraph. | Emmett Till and Mamie Till-Mobley and Roberts Temple National Historic Site Act |
Protecting Moms Who Served Act of 2021 This bill requires the Department of Veterans Affairs (VA) to implement the maternity care coordination program. The VA must provide community maternity care providers (i.e., non-VA maternity care providers) with training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions in relation to the service of the veterans in the Armed Forces. Additionally, the Government Accountability Office must report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a focus on racial and ethnic disparities in maternal health outcomes for veterans. | S796 ENR: Protecting Moms Who Served Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. 796 IN THE SENATE OF THE UNITED STATES AN ACT To codify maternity care coordination programs at the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Protecting Moms Who Served Act of 2021 2. Definitions In this Act: (1) Maternal mortality The term maternal mortality (2) Postpartum The term postpartum (3) Pregnancy-associated death The term pregnancy-associated death (4) Pregnancy-related death The term pregnancy-related death (5) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) (6) Severe maternal morbidity The term severe maternal morbidity 3. Support by Department of Veterans Affairs of maternity care coordination (a) Program on maternity care coordination (1) In general The Secretary of Veterans Affairs shall carry out the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Training and support In carrying out the program under paragraph (1), the Secretary shall provide to community maternity care providers training and support with respect to the unique needs of pregnant and postpartum veterans, particularly regarding mental and behavioral health conditions relating to the service of those veterans in the Armed Forces. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $15,000,000 for fiscal year 2022 for the program under subsection (a)(1). (2) Supplement not supplant Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. (c) Definitions In this section: (1) Community maternity care providers The term community maternity care providers (2) Non-Department facilities The term non-Department facilities 4. Report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans (a) GAO report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on maternal mortality and severe maternal morbidity among pregnant and postpartum veterans, with a particular focus on racial and ethnic disparities in maternal health outcomes for veterans. (b) Matters included The report under subsection (a) shall include the following: (1) To the extent practicable— (A) the number of pregnant and postpartum veterans who have experienced a pregnancy-related death or pregnancy-associated death in the most recent 10 years of available data; (B) the rate of pregnancy-related deaths per 100,000 live births for pregnant and postpartum veterans; (C) the number of cases of severe maternal morbidity among pregnant and postpartum veterans in the most recent year of available data; (D) an assessment of the racial and ethnic disparities in maternal mortality and severe maternal morbidity rates among pregnant and postpartum veterans; (E) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans, including post-traumatic stress disorder, military sexual trauma, and infertility or miscarriages that may be caused by service in the Armed Forces; (F) identification of the causes of maternal mortality and severe maternal morbidity that are unique to veterans from racial and ethnic minority groups and such other at-risk populations as the Comptroller General considers appropriate; (G) identification of any correlations between the former rank of veterans and their maternal health outcomes; (H) the number of veterans who have been diagnosed with infertility by a health care provider of the Veterans Health Administration each year in the most recent five years, disaggregated by age, race, ethnicity, sex, marital status, and geographical location; (I) the number of veterans who have received a clinical diagnosis of unexplained infertility by a health care provider of the Veterans Health Administration each year in the most recent five years; and (J) an assessment of the extent to which the rate of incidence of clinically diagnosed infertility among veterans compare or differ to the rate of incidence of clinically diagnosed infertility among the civilian population. (2) An assessment of the barriers to determining the information required under paragraph (1) and recommendations for improvements in tracking maternal health outcomes among pregnant and postpartum veterans who— (A) have health care coverage through the Department; (B) are enrolled in the TRICARE program (as defined in section 1072 of title 10, United States Code); (C) have employer-based or private insurance; (D) are enrolled in the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (E) are eligible to receive health care furnished by— (i) the Indian Health Service; (ii) Tribal health programs; or (iii) urban Indian organizations; or (F) are uninsured. (3) Recommendations for legislative and administrative actions to increase access to mental and behavioral health care for pregnant and postpartum veterans who screen positively for maternal mental or behavioral health conditions. (4) Recommendations to address homelessness, food insecurity, poverty, and related issues among pregnant and postpartum veterans. (5) Recommendations on how to effectively educate maternity care providers on best practices for providing maternity care services to veterans that addresses the unique maternal health care needs of veteran populations. (6) Recommendations to reduce maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for each of the groups described in subparagraphs (A) through (F) of paragraph (2). (7) Recommendations to improve coordination of care between the Department and non-Department facilities for pregnant and postpartum veterans, including recommendations to improve— (A) health record interoperability; and (B) training for the directors of the Veterans Integrated Service Networks, directors of medical facilities of the Department, chiefs of staff of such facilities, maternity care coordinators, and staff of relevant non-Department facilities. (8) An assessment of the authority of the Secretary of Veterans Affairs to access maternal health data collected by the Department of Health and Human Services and, if applicable, recommendations to increase such authority. (9) To the extent applicable, an assessment of potential causes of or explanations for lower maternal mortality rates among veterans who have health care coverage through the Department of Veterans Affairs compared to maternal mortality rates in the general population of the United States. (10) Any other information the Comptroller General determines appropriate with respect to the reduction of maternal mortality and severe maternal morbidity among pregnant and postpartum veterans and to address racial and ethnic disparities in maternal health outcomes for veterans. (c) Definitions In this section, the terms Tribal health program urban Indian organization 25 U.S.C. 1603 Speaker of the House of Representatives Vice President of the United States and President of the Senate | Protecting Moms Who Served Act of 2021 |
Mental and Physical Health Care Comorbidities Act of 2022 This bill establishes a demonstration program to test hospital innovations that support low-income or uninsured individuals with serious mental and physical health comorbidities and to identify appropriate payment reforms under Medicare and Medicaid. Participating hospitals must (1) have a proportionally high number of Medicare or Medicaid patients, and (2) develop a plan and related quality metrics for innovations to provide coordinated care and address social determinants of health for individuals with serious mental illness or emotional disturbance and physical comorbidities (e.g., chronic conditions). | 117 S8 IS: Mental and Physical Health Care Comorbidities Act of 2022 U.S. Senate 2022-11-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 8 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Bennet Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish a demonstration program to promote collaborative treatment of mental and physical health comorbidities under the Medicare program. 1. Short title This Act may be cited as the Mental and Physical Health Care Comorbidities Act of 2022 2. Establishing a demonstration program to promote collaborative treatment of mental and physical health comorbidities under the Medicare program Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1866G. Mental and physical health comorbidities collaborative demonstration program (a) In general Consistent with the model described in section 1115A(b)(2)(B)(xv) (relating to promoting improved quality and reduced cost by developing a collaborative of high-quality, low-cost health care institutions), the Secretary shall conduct a demonstration program (in this section referred to as the ‘program’) to test and evaluate innovations implemented by eligible hospitals (as defined in subsection (f)) in the furnishing of items and services to applicable individuals (as defined in subsection (f)) with mental and physical health comorbidities (and those at risk of developing such comorbidities), including by addressing the adverse social determinants of health that such individuals often experience. (b) Activities under program Under the program, the Secretary shall, in coordination with eligible hospitals participating in the program— (1) identify, validate, and disseminate innovative, effective evidence-based best practices and models that improve care and outcomes for applicable individuals with mental and physical health comorbidities located in vulnerable communities, including by addressing the social determinants of health that adversely impact such individuals; and (2) assist in the identification of potential payment reforms under this title and title XIX that could more broadly effectuate such improvements. (c) Duration and scope The program conducted under this section shall operate during the period beginning on October 1, 2023, and ending no later than September 30, 2028. (d) Program elements (1) In general An eligible hospital electing to participate in the program shall enter into an agreement with the Secretary for purposes of carrying out the activities described in subsection (b). Such an agreement shall include the plan described in paragraph (2), along with an annualized payment arrangement as described in paragraph (3) to support implementation of such plan. Such agreement shall include a requirement for the hospital to— (A) engage in the learning collaborative established under subsection (e); (B) certify that all proposed innovations under such plan will supplement and not supplant existing activities, whether by augmenting existing activities or initiating new activities; and (C) remit payments made under such arrangement to the Secretary if the Secretary determines that such hospital has not complied with the terms of such agreement. (2) Program elements An eligible hospital electing to participate in the program shall submit a proposed plan and associated quality metrics for review and approval by the Secretary. Such plan and metrics shall, at a minimum, address— (A) the specific innovations addressing mental and physical health comorbidities (as defined in subsection (f)) and innovations addressing social determinants of health (as defined in such subsection) that will be employed and the evidence base supporting the proposed approach; (B) the proposed target population of applicable individuals with respect to which such innovations will be employed, including a description of the extent to which such population consists of applicable individuals described in subparagraph (A), (B), or (C) of subsection (f)(1); (C) the evidence-based data supporting a community’s status as a vulnerable community through sources, such as Bureau of the Census data and measures such as the Neighborhood Deprivation Index or the Child Opportunity Index; (D) community partners, such as nonprofit organizations, federally qualified health centers, rural health clinics, and units of local government (including law enforcement and judicial entities) that will participate in the implementation of such innovations; (E) how such innovations will address mental and physical health comorbidities and social determinants of health for the target population; (F) how such innovations may inform changes in payment and other policies under this title and title XIX (such as care coordination reimbursement, mental health homes, improvements to home and community-based service portfolios, and coverage of supportive services); (G) how such innovations might contribute to a reduction in overall health care costs, including under this title and title XIX and for uninsured persons, through improvements in population health, reductions in health care utilization (such as inpatient admissions, utilization of emergency departments, and boarding of patients), and otherwise; (H) how such innovations can be expected to improve the mental and physical health status of minority populations; (I) how such innovations can be expected to reduce other non-medical public expenditures; (J) metrics to track care quality, improvement in outcomes, and the impact of such innovations on health care and other public expenditures; (K) how program outcomes will be assessed and evaluated; and (L) how the hospital will collect and organize data and fully participate in the learning collaborative established under subsection (e). (3) Participation; payments The Secretary shall negotiate an annualized payment arrangement with each eligible hospital participating in the program. Such arrangement may include an annual lump sum amount, capitated payment amount, or such other arrangement as determined appropriate by the Secretary, and which may include an arrangement that includes financial risk for the hospital, to support implementation of the innovations specified in the plan described in paragraph (2). (e) Learning collaborative (1) In general The Secretary shall establish a learning collaborative that shall convene eligible hospitals participating in the program and other interested parties on a regular basis to report on and share information regarding evidence-based innovations addressing mental and physical health comorbidities, innovations addressing social determinants of health, and associated metrics and outcomes. (2) Focused forums The Secretary may establish different focused forums within the collaborative, such as ones that specifically address different geographic regions (such as urban and rural), certain types of comorbidities, or as the Secretary otherwise determines appropriate based on the types of agreements entered into under subsection (d). (3) Dissemination of information The Secretary shall provide for the dissemination to other health care providers and interested parties of information on promising and effective activities. (f) Definitions For purposes of this section: (1) Applicable individual The term applicable individual (A) a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A)) without regard to clause (i) of such section; (B) enrolled under a State plan (or waiver of such plan) under title XIX; or (C) uninsured. (2) Eligible hospital The term eligible hospital (A) a rural hospital with a disproportionate patient percentage of at least 35 percent (as determined by the Secretary under section 1886(d)(5)(F)(vi)) or would have a disproportionate patient percentage of at least 35 percent (as so determined) if the hospital were a subsection (d) hospital (or, a percentage of inpatient days consisting of items and services furnished to individuals entitled to benefits under part A that exceeds 85 percent of all such days) that is either a critical access hospital, a sole community hospital (as defined in section 1886(d)(5)(D)(iii)), or a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G)(iv)); (B) a large subsection (d) teaching and tertiary hospital with more than 200 beds that as of, or subsequent to July 1, 2020, has an average Medicare case mix index of at least 1.5, an intern and resident-to-bed ratio of at least 0.25 percent (or at least 150 full-time equivalent interns, residents, and fellows), and is either a public hospital with a disproportionate patient percentage of at least 35 percent (as determined by the Secretary under section 1886(d)(5)(F)(vi)) or a nonprofit hospital with a disproportionate patient percentage of at least 45 percent; or (C) a small subsection (d) urban safety net hospital (as determined by the Secretary) with less than 200 beds that is deemed to be a disproportionate share hospital under section 1923(b). (3) Innovations addressing mental and physical health comorbidities The term innovations addressing mental and physical health comorbidities (A) Implementation of interdisciplinary integrative coordinated care team models, including those that utilize mental health emergency department in-reach staff (and other emergency-department interventions), care coordination staff and social services support, and clinic-based services. (B) Integration of mental health services into medical homes, coordinated care organizations, accountable care entities, and in-home services. (C) Incorporation of mental health and social risk screening into medical screening, particularly in child and adolescent populations. (D) Preventing adverse impacts on mental health resulting from physical health treatments or medications, or on physical health resulting from mental health treatments or medications, through cross disciplinary provider education, quality metrics, and other mechanisms. (E) Improvements in electronic health records and other technology platforms or networks to capture, track, and monitor mental and physical health treatments and medications provided across care settings and otherwise facilitate care coordination. (F) Piloting of reimbursement modifications that utilize site-neutral payments and that address conflicts and disincentives related to chronic care management and behavioral health management and differential treatment of inpatient and outpatient settings. (G) Mitigating the incidence of admission and readmission into psychiatric inpatient settings of chronically ill elderly patients through methods such as active inpatient management, variations in initial length of stay, enhanced discharge planning, and psychosocial interventions. (H) Delivering health behavior assessments and interventions to improve physical health outcomes for patients and aid in the management of chronic health conditions. (I) In coordination with law enforcement agencies and judicial entities, interventions targeted at providing mental and physical health services (including, as appropriate, substance use disorder services) to individuals convicted of criminal offenses for purposes of mitigating recidivism. (4) Innovations addressing social determinants of health The term innovations addressing social determinants of health (A) Improvements in electronic health records to better integrate mental health, medical care, and social care (such as screening for social factors, facilitated or closed loop referral, risk stratification, and shared records with community-based organizations). (B) Personnel-supported wrap around (C) Home and community-based services that provide collaborative care to address mental and physical health comorbidities through health behavior services, nutrition support, medication management, transitional care, telehealth, mobile integrated health care, paramedic-based home visitation, or utilization of community health workers. (D) Hospital-based interventions (such as same day primary care services, skilled nursing interventions, substance use disorder and behavioral health treatment coordination of care, collaborative care models, discharge planning and medication reconciliation, long-term care management, and post-traumatic injury management). (5) Individual with mental and physical health comorbidities The term individual with mental and physical health comorbidities (A) Has or is at risk for one or more chronic conditions (as defined by the Secretary). (B) High-risk pregnancy. (C) History of high utilization of acute care services. (D) Frail elderly (defined by impairments in activities of daily living). (E) Disability, including traumatic brain injury. (F) Critical illness or injury requiring long-term recovery. (6) Vulnerable community The term vulnerable community (g) Evaluation and report Not later than 1 year after the date of completion of the program under this section, the Secretary shall submit to Congress a report containing an evaluation of the activities supported by the program. Such report shall include the following: (1) A description of each such activity, including— (A) the target population of such activity; (B) how such activity addressed the adverse social determinants of health in such population; and (C) the role of community-based organizations and other community partners (such as nonprofits and units of local government) in such activity. (2) Evidence showing whether and how each such activity advanced any of the following objectives: (A) Improved access to care. (B) Improved quality of care. (C) Improved health outcomes. (D) Amelioration of disparities in care. (E) Improved care coordination. (F) Reduction in health care costs (including such reductions under this title and title XIX and such reductions occurring for uninsured individuals). (G) Reduction in health care utilization (including with respect to inpatient admissions, utilization of emergency departments, and room and board provided to individuals). (H) Reduction in non-medical public expenditures. (I) Changes in patient and provider satisfaction with care delivery. (J) Reductions in involvement with the justice system, including reductions in recidivism. (3) A description of the metrics used to track the implementation and results of each such activity. (4) Recommendations for any legislation or administrative action the Secretary determines appropriate. (h) Funding Any funds appropriated under section 1115A(f) shall be available to the Secretary without further appropriation for the purposes of carrying out this section. . | Mental and Physical Health Care Comorbidities Act of 2022 |
FAST Fix Act of 2021 This bill modifies provisions governing the administration of the Federal and State Technology Partnership (FAST) program. Specifically, the bill encourages FAST program grants to be awarded to small businesses in underperforming states by requiring the Small Business Administration (SBA) to prioritize such applicants and authorizing the SBA to provide additional assistance to such applicants. The bill defines underperforming states as being the 18 states that receive the fewest Small Business Innovation Research and Small Business Technology Transfer awards. Additionally, the bill removes the limit on the number of proposals that may be submitted for inclusion in the FAST program to provide services in any one state. The bill also lowers the matching requirements for the bottom tier of FAST recipients, sets limits on the amount of each award, and extends the period for distribution of grants to two years. | 117 S802 IS: FAST Fix Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 802 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Risch Ms. Cortez Masto Mr. Crapo Mrs. Capito Mr. Hoeven Ms. Rosen Mr. Kennedy Ms. Murkowski Committee on Small Business and Entrepreneurship A BILL To modify the Federal and State Technology Partnership Program of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the FAST Fix Act of 2021 2. Federal and State Technology Partnership Program Section 34 of the Small Business Act ( 15 U.S.C. 657d (1) in subsection (a), by adding at the end the following: (11) Underperforming State The term underperforming State ; (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (E)— (I) in clause (iii), by striking and (II) in clause (iv), by striking the period at the end and inserting ; and (III) by adding at the end the following: (v) to prioritize applicants located in an underperforming State. ; (B) in paragraph (2)(B)(vi)— (i) in subclause (II), by striking and (ii) by adding at the end the following: (IV) located in an underperforming State; and ; (C) in paragraph (3), by striking Not more than one proposal There is no limit on the number of proposals that (D) by adding at the end the following: (6) Additional assistance for underperforming States Upon application by a recipient that is located in an underperforming State, the Administrator may— (A) provide additional assistance to the recipient; and (B) waive the matching requirements under subsection (e)(2). ; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting and STTR first phase (II) in clause (i), by striking 50 25 (III) in clause (ii), by striking 1 dollar 75 cents (IV) in clause (iii), by striking 75 50 (ii) in subparagraph (D), by striking , beginning with fiscal year 2001 and make publicly available on the website of the Administration, beginning with fiscal year 2022 (iii) by adding at the end the following: (E) Payment The non-Federal share of the cost of an activity carried out by a recipient may be paid by the recipient over the course of the period of the award or cooperative agreement. ; and (B) by adding at the end the following: (4) Amount of award In carrying out the FAST program under this section— (A) the Administrator shall make and enter into awards or cooperative agreements; (B) each award or cooperative agreement described in subparagraph (A) shall be for not more than $500,000, which shall be provided over 2 fiscal years; and (C) any amounts left unused in the third quarter of the second fiscal year may be retained by the Administrator for future FAST program awards. (5) Reporting Not later than 6 months after receiving an award or entering into a cooperative agreement under this section, a recipient shall report to the Administrator— (A) the number of awards made under the SBIR or STTR program; (B) the number of applications submitted for the SBIR or STTR program; (C) the number of consulting hours spent; (D) the number of training events conducted; and (E) any issues encountered in the management and application of the FAST program. ; (4) in subsection (f)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking Small Business Innovation Research Program Reauthorization Act of 2000 FAST Fix Act of 2021 (II) by inserting and Entrepreneurship of the Senate (ii) in subparagraph (B), by striking and (iii) in subparagraph (C), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (D) a description of the process used to ensure that underperforming States are given priority application status under the FAST program. ; and (B) in paragraph (2)— (i) in the paragraph heading, by striking Annual Biennial (ii) in the matter preceding subparagraph (A), by striking annual biennial (iii) in subparagraph (B), by striking and (iv) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (D) the proportion of awards provided to and cooperative agreements entered into with underperforming States; and (E) a list of the States that were determined by the Administrator to be underperforming States, and a description of any changes in the list compared to previously submitted reports. ; (5) in subsection (g)(2)— (A) by striking 2004 2022 (B) by inserting and Entrepreneurship of the Senate (6) in subsection (h)(1), by striking $10,000,000 for each of fiscal years 2001 through 2005 $20,000,000 for every 2 fiscal years between fiscal years 2022 through 2026, to be obligated before the end of the second fiscal year | FAST Fix Act of 2021 |
Home Defense and Competitive Shooting Act of 2021 This bill removes short-barreled rifles (barrels of less than 16 inches in length) from the definition of firearms for purposes of the National Firearms Act. It also eliminates the prohibition on the transportation of such rifles in interstate commerce and treats persons who acquire or possess a short-barreled rifle as meeting the registration or licensing requirements for such rifle where such requirements are determined by reference to the National Firearms Act. The bill preempts state or local laws that impose a tax or recordkeeping requirements on short-barreled rifles. The Department of Justice must destroy records relating to the registration of certain rifles within one year after the enactment of this bill. | 117 S803 IS: Home Defense and Competitive Shooting Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 803 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Marshall Mrs. Hyde-Smith Mr. Braun Mr. Hawley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to remove short-barreled rifles from the definition of firearms for purposes of the National Firearms Act, and for other purposes. 1. Short title This Act may be cited as the Home Defense and Competitive Shooting Act of 2021 2. Short-barreled rifles (a) In general Section 5845(a) (1) by striking (3) a rifle (5) any other weapon (3) any other weapon (2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively. (b) Effective date The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act. 3. Elimination of disparate treatment of short-barreled rifles used for lawful purposes Section 922 of title 18, United States Code, is amended in each of subsections (a)(4) and (b)(4) by striking short-barreled shotgun, or short-barreled rifle or short-barreled shotgun 4. Treatment of short-barreled rifles determined by reference to National Firearms Act Section 5841 (f) Short-Barreled rifle requirements determined by reference In the case of any short-barreled rifle registration or licensing requirement under State or local law which is determined by reference to the National Firearms Act, any person who acquires or possesses such a rifle in accordance with chapter 44 . 5. Preemption of certain state laws in relation to short-barreled rifles Section 927 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a rifle, shall have no force or effect. 6. Destruction of records (a) In general Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of an applicable rifle maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 section 5812 section 5822 (b) Applicable rifle For purposes of this section, the term applicable rifle Home Defense and Competitive Shooting Act of 2021 | Home Defense and Competitive Shooting Act of 2021 |
Cybersecurity Disclosure Act of 2021 This bill directs the Securities and Exchange Commission to issue final rules requiring a registered issuer of securities to disclose in its mandatory annual report or annual proxy statement whether any member of its governing body has expertise or experience in cybersecurity. If no member has such expertise or experience, the issuer must describe what other company cybersecurity aspects were taken into account by the persons responsible for identifying and evaluating nominees for the governing body. | 117 S808 IS: Cybersecurity Disclosure Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 808 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Reed Ms. Collins Mr. Warner Mr. Cramer Ms. Cortez Masto Mr. Wyden Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to promote transparency in the oversight of cybersecurity risks at publicly traded companies. 1. Short title This Act may be cited as the Cybersecurity Disclosure Act of 2021 2. Cybersecurity transparency The Securities Exchange Act of 1934 ( 15 U.S.C. 78a 15 U.S.C. 78n–2 14C. Cybersecurity transparency (a) Definitions In this section— (1) the term cybersecurity (2) the term cybersecurity threat (A) means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system; and (B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; (3) the term information system (A) has the meaning given the term in section 3502 of title 44, United States Code; and (B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers; (4) the term NIST (5) the term reporting company (A) the securities of which are registered under section 12; or (B) that is required to file reports under section 15(d). (b) Requirement To issue rules Not later than 360 days after the date of enactment of this section, the Commission shall issue final rules to require each reporting company, in the annual report of the reporting company submitted under section 13 or section 15(d) or in the annual proxy statement of the reporting company submitted under section 14(a)— (1) to disclose whether any member of the governing body, such as the board of directors or general partner, of the reporting company has expertise or experience in cybersecurity and in such detail as necessary to fully describe the nature of the expertise or experience; and (2) if no member of the governing body of the reporting company has expertise or experience in cybersecurity, to describe what other aspects of the reporting company’s cybersecurity were taken into account by any person, such as an official serving on a nominating committee, that is responsible for identifying and evaluating nominees for membership to the governing body. (c) Cybersecurity expertise or experience For purposes of subsection (b), the Commission, in consultation with NIST, shall define what constitutes expertise or experience in cybersecurity using commonly defined roles, specialties, knowledge, skills, and abilities, such as those provided in NIST Special Publication 800–181, entitled National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework . | Cybersecurity Disclosure Act of 2021 |
Monarch Action, Recovery, and Conservation of Habitat Act of 2021 or the MONARCH Act of 2021 This bill provides support for the conservation of western monarch butterflies (the monarch butterfly population that overwinters along the coast of California and breeds across California, Arizona, Nevada, Washington, Oregon, Idaho, and Utah). Specifically, the bill establishes the Western Monarch Butterfly Rescue Fund. The Department of the Interior must use amounts in the fund to provide grants for the conservation of such butterflies. In addition, Interior must enter into an agreement with the National Fish and Wildlife Foundation to facilitate the implementation of the Western Monarch Butterfly Conservation Plan, which was prepared by the Western Association of Fish and Wildlife Agencies. | 117 S809 IS: Monarch Action, Recovery, and Conservation of Habitat Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 809 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Merkley Mr. Wyden Mr. Whitehouse Mr. Booker Mr. Van Hollen Mr. Padilla Committee on Environment and Public Works A BILL To encourage and facilitate efforts by States and other stakeholders to conserve and sustain the western population of monarch butterflies, and for other purposes. 1. Short title This Act may be cited as the Monarch Action, Recovery, and Conservation of Habitat Act of 2021 MONARCH Act of 2021 2. Findings Congress finds that— (1) the population of western monarch butterflies is at imminent risk of extinction; (2) over the past 3 decades, the population of western monarch butterflies has declined by more than 99 percent due to prolonged drought, loss of milkweed and native pollinator habitat, loss of breeding and overwintering habitat, and climate change; (3) in 2020, the population of western monarch butterflies reached a new historic low of 1,914 butterflies, falling below the predicted extinction threshold for the third year in a row; (4) the extinction of the population of migratory western monarch butterflies is now likely to occur within the next 2 decades if urgent action is not taken; (5) actively restoring native milkweed and nectar plants, monarch overwintering habitat, and other pollinator habitat, and ensuring that key habitats are protected from destruction, are critical to ensuring the survival of western monarch butterflies and can also help facilitate conservation of other essential pollinators; and (6) enhancing pollinator populations can result in improved pollination services for neighboring land, including agriculture and wildlife ecosystems. 3. Definitions In this Act: (1) Conservation The term conservation (A) the protection, restoration, and management of overwintering, breeding, and migratory habitats; (B) assistance in the development and implementation of national, regional, State, and local conservation and management plans; and (C) community outreach and education. (2) Fund The term Fund (3) Secretary The term Secretary (4) Western monarch butterfly The term western monarch butterfly 4. Western monarch butterfly conservation grant program (a) In general Subject to the availability of funds and in consultation with other relevant Federal agencies, the Secretary shall use amounts in the Fund to provide grants for projects for the conservation of western monarch butterflies for which project proposals are approved by the Secretary in accordance with this section. (b) Project proposals (1) Eligible entities An entity that is eligible to receive a grant for a project under this section is— (A) a relevant local or Tribal government agency, research institution, or nonprofit organization with expertise required for the conservation of western monarch butterflies; and (B) any other entity, as determined appropriate by the Secretary, with the expertise required for the conservation of western monarch butterflies. (2) Federal partnership opportunities A State or Federal agency— (A) may not be a lead entity or receive a grant for a project under this section; but (B) may be included as a partner or collaborator on a project that receives a grant under this section. (3) Required elements A proposal for a project under this section shall include— (A) a statement of the purposes of the project; (B) the name of the entity with overall responsibility for the project; (C) a description of— (i) the qualifications of the entity that will conduct the project; (ii) methods for project implementation and outcome assessment; and (iii) anticipated outcomes; (D) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Indian Tribes, and other appropriate local government, State government, and Federal Government agencies; (E) assurances that the conservation efforts outlined in the proposal do not conflict with food safety measures or practices; (F) information that demonstrates the clear potential of the project to contribute to the conservation and recovery of western monarch butterflies; and (G) such other information as the Secretary may require. (c) Project review and approval The Secretary shall annually— (1) solicit project proposals for funding under this section; and (2) review each proposal described in paragraph (1) on a timeline that recognizes the urgency of the declining number of western monarch butterflies to determine whether the proposal meets the criteria specified in subsection (d). (d) Criteria for approval The Secretary may approve a project proposal under this section if the proposal demonstrates a likelihood that the project will contribute to the conservation of western monarch butterfly populations in the wild. (e) Technical assistance The Secretary shall provide technical assistance for a project that receives a grant under this section. (f) Project reporting (1) In general Each entity that receives a grant for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, reports that include any information that the Secretary determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to State legislatures Each entity that receives a grant for a project under this section shall submit each report under paragraph (1) to the State legislature of the State in which the project is conducted. (3) Availability to the public The Secretary shall make available to the public, in a timely manner— (A) each report submitted under paragraph (1); and (B) any other documents relating to projects for which a grant is provided under this section. 5. Western Monarch Butterfly Rescue Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Western Monarch Butterfly Rescue Fund (b) Administrative expenses Of the amounts available in the Fund for each fiscal year, the Secretary may expend not more than 3 percent to pay the administrative expenses necessary to carry out this Act. (c) Authorization of appropriations There is authorized to be appropriated to the Fund $12,500,000 for each of fiscal years 2022 through 2026. 6. Implementation of the Western Monarch Butterfly Conservation Plan (a) In general The Secretary shall enter into an agreement with the National Fish and Wildlife Foundation pursuant to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 (b) Administration Section 10(a) of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3709(a) (1) the agreement entered into under subsection (a); or (2) amounts made available to carry out this section. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary $12,500,000 for each of fiscal years 2022 through 2026 to carry out this section. 7. Report to Congress Not later than January 31 of each year, the Secretary shall submit to Congress a report describing the status of western monarch butterflies, including, with respect to the year for which the report is submitted— (1) a summary of the projects for which the Secretary has provided funding under section 4 and an evaluation of those projects; and (2) a summary of the projects for which the Secretary has provided funding through the Western Monarch Butterfly Conservation Plan prepared by the Western Association of Fish and Wildlife Agencies and dated January 2019. | Monarch Action, Recovery, and Conservation of Habitat Act of 2021 |
Fair Care for Vietnam Veterans Act of 2021 This bill provides a presumption of service-connection for hypertension and monoclonal gammopathy of undetermined significance (MGUS) for veterans who served in Vietnam between January 9, 1962, and May 7, 1975. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. | 116 S810 IS: Fair Care for Vietnam Veterans Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 810 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Tester Mr. Wyden Mr. Brown Mr. Durbin Ms. Cortez Masto Mr. Menendez Mr. Schumer Mr. Casey Mr. Leahy Mr. Manchin Mr. Blumenthal Mr. Coons Mrs. Murray Ms. Klobuchar Ms. Hirono Ms. Smith Mr. Booker Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand the list of diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam to include hypertension, and for other purposes. 1. Short title This Act may be cited as the Fair Care for Vietnam Veterans Act of 2021 2. Addition of additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam Section 1116(a)(2) of title 38, United States Code, as amended by section 9109 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (L) Hypertension. (M) Monoclonal gammopathy of undetermined significance. . | Fair Care for Vietnam Veterans Act of 2021 |
Ukraine Security Partnership Act of 2021 This bill contains provisions related to U.S. support for Ukraine. From FY2022-FY2026, the Department of State is authorized to (1) provide grants and loans to Ukraine for acquiring U.S. defense equipment and services through the Foreign Military Financing program, and (2) provide training for Ukraine's military through the International Military Education and Training program. During this period, Ukraine shall have priority access to excess U.S. defense articles. During this period, the State Department may also engage in certain activities in Ukraine to (1) strengthen cybersecurity and intellectual property enforcement, (2) provide support and training for certain economic reforms and the privatization of state-owned enterprises, (3) combat corruption and strengthen the rule of law, (4) respond to humanitarian crises caused by Russia's invasion of Ukraine, (5) improve participatory legislative processes, and (6) build civil society and independent media capacity. The State Department shall report to Congress a strategy on (1) using diplomacy to support Ukraine, and (2) encouraging other countries to donate excess defense equipment to Ukraine. The President shall report to Congress a determination as to whether certain vessels and entities, including the project company behind the Nord Stream 2 pipeline, meet the criteria to be subject to sanctions. (The Nord Stream 2 is a pipeline project that would bring natural gas from Russia to Europe.) | 117 S814 IS: Ukraine Security Partnership Act of 2021 U.S. Senate 2021-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 814 IN THE SENATE OF THE UNITED STATES March 17 (legislative day, March 16), 2021 Mr. Risch Mr. Menendez Mr. Portman Mr. Murphy Mr. Barrasso Mrs. Shaheen Committee on Foreign Relations A BILL To promote security partnership with Ukraine, and for other purposes. 1. Short title This Act may be cited as the Ukraine Security Partnership Act of 2021 2. Findings Congress makes the following findings: (1) Throughout its history, Ukraine has experienced several long periods of occupation. (2) Between 1919 and 1991, Ukraine was brutally ruled by the Soviet Union, whose policy of agricultural collectivization caused the Holodomor of 1932–1933, a man-made famine that resulted in the death of at least 3,000,000 Ukrainians by starvation. (3) During the Nazi occupation of Ukraine accompanying World War II— (A) approximately 3,500,000 Ukrainian civilians and 3,000,000 soldiers were killed; and (B) approximately 1,500,000 Jews were massacred. (4) Ukraine declared its independence from Moscow in 1991, after the collapse of the Soviet Union. (5) In the 1994 Budapest Memorandum, the Russian Federation, the United States, and the United Kingdom pledged to respect the independence and sovereignty and the existing borders of Ukraine refrain from the threat or use of force against the territorial integrity or political independence of Ukraine (6) From November 2004 through January 2005, thousands of Ukrainians took to the streets to peacefully protest electoral fraud and widespread corruption by the ruling elite in the 2004 Presidential election, successfully triggering a re-vote, in what became known as the Orange Revolution. (7) During Ukraine’s 2014 Revolution of Dignity, or Euromaidan, the pro-Russian government of President Viktor Yanukovych was forced to resign after thousands of Ukrainians peacefully protested Yanukovych’s decision to reject a closer relationship with the European Union and his continued systemic corruption, and over 100 of those protestors were killed by violent government suppression. (8) Fearful of Ukraine’s strengthened pro-Western orientation after the Revolution of Dignity, the Government of the Russian Federation, in violation of international law and in contravention of its commitments in the Budapest Memorandum— (A) sent undisclosed military personnel into Ukraine’s Autonomous Republic of Crimea in February 2014 and has illegally occupied the Crimean Peninsula for the past six years; (B) sent covert, unmarked military personnel into the Ukrainian regions of Donetsk and Luhansk in April 2014, instigating and supporting a still-ongoing conflict that has cost nearly 14,000 lives; and (C) provided the Buk missile system used by those Russia-backed forces to shoot down Malaysian Airlines Flight 17 over eastern Ukraine in July 2014, killing all 298 passengers and crew on board. (9) Under Russian control, Crimean authorities have kidnapped, imprisoned, and tortured Crimean Tatars, opposition figures, activists, and other minority populations, and have persecuted religious minorities by pressing false charges of terrorism and deregistering religious centers. (10) In September 2014, in an attempt to stop the fighting that the Russian Federation had initiated in eastern Ukraine, France, Germany, Ukraine, the Russian Federation, the Organization for Security and Cooperation (OSCE), and Russia-backed forces from eastern Ukraine signed the Minsk Protocol. (11) In February 2015, after the failure of the initial Minsk Protocol, the Russian Federation committed to the Minsk II Agreement, the roadmap for resolving the conflict in eastern Ukraine, signed by the Governments of Ukraine, Russia, France, and Germany. (12) Despite these agreements, the Government of the Russian Federation continues to violate Ukrainian sovereignty through— (A) manipulation of Ukraine’s dependence on Russian natural gas, including cutting off access in 2014, which deprived Ukraine of its energy supply and transit fees; (B) espionage and clandestine assassinations on Ukrainian territory; (C) continuous cyber warfare against the Government of Ukraine and Ukrainian businesses, such as the NotPetya hack in 2017; and (D) seizure of Ukrainian property and citizens, including the November 2018 seizure in the Kerch Strait of three Ukrainian naval vessels and 24 Ukrainian officers on board those vessels. (13) In July 2018, Secretary of State Michael R. Pompeo issued the Crimea Declaration and reiterated in February 2020 on the sixth anniversary of Russia’s illegal occupation that Crimea is Ukraine (14) On February 26, 2021, President Joseph R. Biden confirmed that Crimea is Ukraine and the United States does not and will never recognize Russia’s purported annexation of the peninsula. (15) Since April 2014, at least 4,100 Ukrainian soldiers have died fighting for their country against the Russian Federation and Russia-backed forces, while no less than 3,361 civilians have perished as a result of that fighting. (16) Despite Ukraine’s tumultuous history and neighborhood, in under 30 years it has risen from the collapse of the Soviet Union to become a developing democracy, steadily working to overcome its Soviet legacy of oppression, oligarchic control, and corruption. (17) Running on a strong anti-corruption platform, Volodymyr Zelensky won the 2019 presidential election with 73 percent of the vote, and his political party, Servant of the People, won a parliamentary majority in the Ukrainian parliament. (18) The OSCE confirmed the 2019 elections were competitive and fundamental freedoms were generally respected (19) Since 2014, the Government of Ukraine has made difficult and substantial reforms in an effort to address corruption and more closely align with the West, such as slimming and decentralizing its bureaucracy, removing immunity from prosecution for Members of Parliament, reforming its gas, pension, and procurement systems, and working to adapt its military to the standards of the North Atlantic Treaty Organization (NATO). (20) Despite progress in reforming many areas of Ukrainian governance, serious issues still remain, particularly in the areas of corruption and rule of law. (21) The United States Government has consistently supported Ukraine’s democratic transition and its fight against Russia-backed forces by assisting its governance reform efforts, maintaining robust and coordinated sanctions against the Russian Federation alongside the European Union, and providing the Ukrainian military with training and equipment, including lethal defensive weaponry. (22) In addition to the United States, the European Union, European countries, and Canada have provided substantial diplomatic, monetary, and military support for Ukraine’s democratic transition and its fight against Russia-backed forces in eastern Ukraine, and also have implemented and maintained robust sanctions regimes against the Russian Federation for its illegal occupation of Crimea and its active destabilization of Ukraine. (23) the Government of Ukraine has steadfastly supported the United States and European allies by deploying troops to Iraq, Afghanistan, and NATO’s Kosovo Force (KFOR), allowing United States military planes to refuel on Ukrainian soil, and trading billions of dollars’ worth of goods and services with the United States. (24) NATO has recently decided to include Ukraine in its Enhanced Opportunities Partnership in recognition of Ukraine’s contributions to NATO missions and efforts to reform its military in line with NATO standards. (25) Since the Russian Federation's 2014 invasion of Ukraine, the United States Congress has demonstrated its support for Ukraine through the passage of legislation, including the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( Public Law 113–95 22 U.S.C. 8901 Public Law 113–272 22 U.S.C. 8921 Public Law 114–92 Public Law 115–44 Public Law 116–92 3. Sense of Congress It is the sense of Congress that— (1) Ukraine stands as a bulwark against the malign influence of the Russian Federation in Europe, and robust United States support for Ukraine is vital to United States national security and demonstrates the commitment of the United States to upholding a free and open international order; (2) since Ukraine’s independence in 1991, the Government and people of Ukraine have made significant strides towards improved governance, rule of law, anti-corruption measures, and economic reforms; (3) Ukraine’s long-term viability is directly connected to its efforts to reduce corruption and build strong democratic institutions that are able to defend against internal and external corrupt actors; (4) the efforts and sacrifices of Ukrainian citizens to determine their own fate after centuries of oppression, through democratic representation and governance reforms, is evidence of that country’s dedication to a free, independent, and democratic future; (5) Ukraine has proven itself to be a valuable security partner of the United States, not simply a recipient of assistance; (6) it is in the national security interests of the United States to continue and deepen its security partnership with Ukraine, including through the provision of both lethal and non-lethal assistance; (7) the United States should continue to place policy-based conditions on Ukraine’s receipt of financial and military assistance, as that mechanism has proven effective in incentivizing reforms in Ukraine; (8) the United States should use its voice and vote at NATO to encourage the adoption of a policy by the Alliance that all of its member states will refuse to recognize the illegal attempted annexation of Crimea by the Russian Federation; (9) the United States should continue to bolster the capacity of the Ukrainian Navy as it strives to fulfill the goals it set out in its Strategy of the Naval Forces of the Armed Forces of Ukraine 2035 (10) the military-focused technical, training, maintenance, and logistical assistance provided by the United States to Ukraine is as essential as the military hardware provided to the country; (11) all security assistance provided to Ukraine should continue to be subject to rigorous vetting requirements under section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d (12) the Office of Defense Cooperation at the United States Embassy in Ukraine should be fully staffed with officers who serve three-year terms in order to administer the security assistance being provided to the country; (13) the Secretary of Defense should conduct an assessment of the staffing resources of the Office of Defense Cooperation and strongly consider providing additional staff to the Office of Defense Cooperation in Ukraine; (14) the enduring partnership between the United States and Ukraine, including bipartisan support for a sovereign, democratic, and whole Ukraine through political, monetary, and military assistance, remains strong and must continue to be reaffirmed; and (15) the United States should continue to strongly support Ukraine’s ambitions to join the Euro-Atlantic community of democracies. 4. Statement of policy It is the policy of the United States— (1) to refuse to recognize the attempted annexation of Crimea by the Russian Federation, an action that was taken in contravention of international law; (2) to utilize existing sanctions and other authorities to deter malign actions by the Russian Federation in Ukraine, including the mandates and authorities codified by the Countering America's Adversaries Through Sanctions Act ( Public Law 115–44 (3) to work with our European allies to coordinate strategies to curtail Russian malign influence in Ukraine; and (4) to support democratic, economic, and anti-corruption reforms in Ukraine and the country’s integration into Euro-Atlantic institutions. 5. Strategy on United States diplomatic support for Ukraine (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report with a strategy on how the United States will work to diplomatically support Ukraine during fiscal years 2022 through 2026. (b) Elements The report required under subsection (a) shall include the following elements: (1) A description of how relevant departments and agencies of the United States Government will work together to collectively support efforts by the Government of Ukraine to deter Russian aggression in the form of military incursions, cyber attacks, the coercive use of energy resources, use of passportization, and efforts to corrupt the Ukrainian political and economic systems. (2) A description of the United States current efforts and strategy to support Ukrainian diplomatic initiatives when they align with United States interests. (3) A strategy on how the United States will use its voice and vote at the United Nations, OSCE, Council of Europe, NATO, and other relevant international bodies to support Ukraine and its reform efforts. (4) A strategy on how the United States will assist Ukraine in bolstering its diplomatic, economic, energy, and maritime relationships with key Black Sea countries, including Bulgaria, Romania, Turkey, and Georgia. (5) A strategy on how the United States will engage with Germany, France, Ukraine, and Russia to advance the Normandy Format and Minsk Agreements. (6) A strategy on how the United States will work with allies to continue to engage Ukraine to ensure meaningful progress on democratic, economic, and anti-corruption reforms. (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 6. United States-Europe Working Group on Ukraine (a) In general The Secretary of State should seek to establish a United States-Europe Working Group on Ukraine. (b) Representation The United States-Europe Working Group on Ukraine should include high-level representatives from the European Union, its institutions, and relevant European governments, as appropriate, to jointly prioritize, evaluate and coordinate economic and policy reform assistance and support for Ukraine. (c) Termination The authorities authorized under this section shall terminate on September 30 of the fifth fiscal year beginning after the date of the enactment of this Act. 7. Special Envoy for Ukraine (a) Establishment The President should appoint, by and with the consent of the Senate, a Special Envoy for Ukraine, who should report to the Assistant Secretary of State for Europe and Eurasia. (b) Rank The Special Envoy for Ukraine shall have the rank and status of ambassador. (c) Responsibilities The Special Envoy for Ukraine should— (1) serve as the United States liaison to the Normandy Format, tasked with leading the peace process between Ukraine and the Russian Federation; (2) facilitate diplomatic outreach to and dialogue with countries in the Black Sea region that, like Ukraine, are faced with the impact of Russia’s growing militarization of the Sea; (3) coordinate closely with the Chief of Mission in Ukraine; (4) coordinate with the United States-Europe Working Group on Ukraine established pursuant to section 6; (5) coordinate with the OSCE Special Monitoring Mission to Ukraine; and (6) provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regular updates and briefings on the status of peace negotiations. (d) Termination The Special Envoy for Ukraine position authorized under subsection (a) shall terminate 5 years after the date of the enactment of this Act. 8. Foreign military financing (a) Authorization of Appropriations There is authorized to be appropriated for the Department of State for each of fiscal years 2022 through 2026 $300,000,000 for Foreign Military Financing (FMF) assistance to Ukraine to assist the country in meeting its defense needs. (b) Availability of funds (1) In general Of the amount authorized to be appropriated for each fiscal year pursuant to subsection (a), not more than $150,000,000 shall be made available until the Secretary of State makes the certification described in paragraph (2) for such fiscal year, including a detailed explanation justifying the certification with respect to each of the categories listed in subparagraphs (A) through (G) of such paragraph. The certification shall be submitted to the appropriate congressional committees in unclassified form, but may contain a classified annex. (2) Certification The certification described in this paragraph is a certification by the Secretary of State, in coordination with the Secretary of Defense, that the Government of Ukraine has taken actions to— (A) make defense institutional reforms, in accordance with NATO standards; (B) further strengthen civilian control of the military; (C) reform its state-owned arms production sector; (D) increase transparency and accountability in defense procurement; (E) respect Verkhovna Rada efforts to exercise oversight of the Ministry of Defense and military forces; and (F) promote respect for the observation of human rights as enshrined in the requirements of section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d (c) Notice to Congress Not later than 15 days before providing assistance or support under pursuant to subsection (a), the Secretary of State shall submit to the appropriate congressional committees a notification containing the following: (1) A detailed description of the assistance or support to be provided, including— (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (d) Sense of Congress It is the sense of Congress that assistance provided under this section should— (1) prioritize the procurement of vessels for the Ukrainian Navy and other articles that bolster the capacity of the Ukrainian Navy to counter Russian maritime aggression and maintain the freedom of innocent passage throughout the Black Sea; and (2) ensure adequate planning for maintenance for any equipment provided. (e) Authority To Provide Lethal Assistance The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition. (f) Transfer authority The Secretary of Defense may transfer amounts appropriated or otherwise made available for assistance under section 333 of title 10, United States Code, to the Department of State to be made available for Foreign Military Finance assistance to Ukraine. 9. Expedited excess defense articles transfer program During fiscal years 2022 through 2026, the delivery of excess defense articles to Ukraine shall be given the same priority as that given other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) 10. Strategy on excess defense articles from allies (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a classified strategy on how the United States will encourage third countries to donate excess defense equipment to Ukraine. (b) Elements The report required under subsection (a) shall include the following elements: (1) A listing of all friendly and allied nations that have excess defense material that may be compatible with the needs and systems utilized by the Armed Forces of Ukraine. (2) A description of the diplomatic efforts undertaken by the United States Government to encourage allied nations to donate their excess defense articles to Ukraine on an expedited basis. 11. IMET cooperation with Ukraine (a) Authorization of appropriations There is authorized to be appropriated to the Department of State $4,000,000 for each of fiscal years 2022 through 2026 for International Military Education and Training (IMET) assistance for Ukraine. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Ukraine’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and human rights. (b) Availability of funds (1) In general Of the amount authorized to be appropriated for each fiscal year pursuant to subsection (a), not more than $3,000,000 may be made available until the Secretary of State, in consultation with the Secretary of Defense, makes the certification described in paragraph (2) to the Committee on Foreign Relations of the Senate and the Foreign Affairs Committee of the House of Representatives, including a detailed explanation justifying the certification with respect to each of the categories listed in subparagraphs (A) through (G) of such paragraph. The certification shall be submitted to the appropriate congressional committees in unclassified form, but may contain a classified annex. (2) Certification The certification described in this paragraph is a certification by the Secretary of State, in coordination with the Secretary of Defense, that the Government of Ukraine has taken actions to— (A) make defense institutional reforms, in accordance with NATO standards; (B) further strengthen civilian control of the military; (C) reform its state-owned arms production sector; (D) increase transparency and accountability in defense procurement; (E) respect Verkhovna Rada efforts to exercise oversight of the Ministry of Defense and military forces; and (F) promote respect for the observation of human rights as enshrined in the requirements of section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d (c) Notice to congress Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification containing the following elements: (1) A detailed description of the assistance or support to be provided, including— (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. 12. Strategy on IMET programming in Ukraine (a) Sense of Congress It is the sense of Congress that the Government of Ukraine should fully utilize the United States IMET program, encourage eligible officers and civilian leaders to participate in the training, and promote successful graduates to positions of prominence in the Ukrainian Armed Forces. (b) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategy for the implementation of the IMET program in Ukraine authorized under section 11. (c) Elements The strategy required under subsection (a) shall include the following elements: (1) A clear plan, developed in close consultation with the Ukrainian Ministry of Defense and the Armed Forces of Ukraine, for how the IMET program will be used by the United States Government and the Government of Ukraine to propel program graduates to positions of prominence in support of the Ukrainian military’s reform efforts in line with NATO standards. (2) An assessment of the education and training requirements of the Ukrainian military and clear recommendations for how IMET graduates should be assigned by the Ukrainian Ministry of Defense upon completion of education or training. (3) An accounting of the current combat requirements of the Ukrainian military and an assessment of the viability of alternative mobile training teams, distributed learning, and other flexible solutions to reach such students. (4) An identification of opportunities to influence the next generation of leaders through attendance at United States staff and war colleges, junior leader development programs, and technical schools. (d) Form The strategy required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 13. Sense of Congress on loan program It is the sense of Congress that— (1) as appropriate, the United States Government should provide direct loans to Ukraine for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 (2) such loans should be considered an additive security assistance tool, and not a substitute for Foreign Military Financing for grant assistance or Ukraine Security Assistance Initiative programming. 14. Strategy to protect Ukraine's defense industry from strategic competitors (a) Sense of Congress It is the sense of Congress that the United States should work with the Government of Ukraine to ensure strategic assets and companies in Ukraine’s defense industry are not subject to foreign ownership, control, or undue influence by strategic competitors to the United States, such as the People’s Republic of China (PRC). (b) Strategy required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a strategy to support Ukraine in protecting its defense industry from predatory investments. (2) Elements The strategy required under paragraph (1) shall include the following elements: (A) A description of the efforts by strategic competitors, such as the PRC, to acquire strategic assets and companies in Ukraine’s defense industry in a predatory manner and the national security implications for Ukraine, the United States, and other NATO allies and partners. (B) A description of vulnerable strategic assets and companies in Ukraine’s defense industry that would benefit from foreign investments and joint ventures. (C) A description of the reforms to Ukraine’s defense industry and export controls that are necessary to incentivize Western investments in them. (D) A strategy to promote, as appropriate, United States direct investment in and joint ventures with strategic companies in Ukraine’s defense industry to provide an alternative to PRC investments, and to engage like-minded allies and partners on these efforts. (3) Form The strategy required under paragraph (1) shall be submitted in classified form. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 15. Appropriate congressional committees In this Act, the term appropriate congressional committees (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | Ukraine Security Partnership Act of 2021 |
Wall Street Tax Act of 2021 This bill imposes a 0.1% excise tax on certain purchases of stocks, bonds, and derivatives. The tax applies to the purchase of a security if (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. The tax applies to transactions with respect to a derivative if (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders. | 117 S817 IS: Wall Street Tax Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 817 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Schatz Mr. Van Hollen Ms. Warren Mrs. Gillibrand Mr. Merkley Mr. Whitehouse Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions. 1. Short title This Act may be cited as the Wall Street Tax Act of 2021 2. Transaction tax (a) In general Chapter 36 C Tax on Trading Transactions Sec. 4475. Tax on trading transactions. Sec. 4476. Derivative defined. 4475. Tax on trading transactions (a) Imposition of tax There is hereby imposed a tax on each covered transaction with respect to any security. (b) Rate of tax The tax imposed under subsection (a) with respect to any covered transaction shall be 0.1 percent of the specified base amount with respect to such covered transaction. (c) Specified base amount For purposes of this section, the term specified base amount (1) except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and (2) in the case of any payment with respect to a derivative, the amount of such payment. (d) Covered transaction For purposes of this section— (1) In general The term covered transaction (A) except as provided in subparagraph (B), any purchase if— (i) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or (ii) the purchaser or seller is a United States person, and (B) any transaction with respect to a derivative if— (i) such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or (ii) any party with rights under such derivative is a United States person. (2) Exception for initial issues No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). (e) Definitions and special rules For purposes of this section— (1) Security For purposes of this section, the term security (A) any share of stock in a corporation, (B) any partnership or beneficial ownership interest in a partnership or trust, (C) except as provided in paragraph (2), any note, bond, debenture, or other evidence of indebtedness, and (D) any derivative (as defined in section 4476). (2) Exception for certain traded short-term indebtedness A note, bond, debenture, or other evidence of indebtedness which— (A) is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and (B) has a fixed maturity of not more than 100 days, shall not be treated as described in paragraph (1)(C). (3) Qualified board or exchange The term qualified board or exchange (f) By whom paid (1) In general The tax imposed by this section shall be paid by— (A) in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and (B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. (2) Special rules for direct, etc., transactions In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by— (A) in the case of a transaction described in subsection (d)(1)(A)— (i) the purchaser if the purchaser is a United States person, and (ii) the seller if the purchaser is not a United States person, and (B) in the case of a transaction described in subsection (d)(1)(B)— (i) the payor if the payor is a United States person, and (ii) the payee if the payor is not a United States person. (g) Treatment of exchanges and payments with respect to derivatives For purposes of this section— (1) Treatment of exchanges (A) In general An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. (B) Certain deemed exchanges In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. (2) Payments with respect to derivatives treated as separate transactions Except as otherwise provided by the Secretary, any payment with respect to any derivative shall be treated as a separate transaction for purposes of this section. (h) Application to transactions by controlled foreign corporations (1) In general For purposes of this section, a controlled foreign corporation shall be treated as a United States person. (2) Special rules for payment of tax on direct, etc., transactions In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)— (A) Payment by United States shareholders Any tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). (B) Pro rata shares Each such United States shareholder shall pay the same proportion of such tax as— (i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to (ii) the stock so owned by all United States shareholders in such controlled foreign corporation. (C) Definitions For purposes of this subsection, the terms United States shareholder controlled foreign corporation (i) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. (j) Guidance; regulations The Secretary shall— (1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and (2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions. 4476. Derivative defined (a) In general For purposes of this subchapter, except as otherwise provided in this section, the term derivative (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(d)(1)). (6) Any currency. (7) Any rate, price, amount, index, formula, or algorithm. (8) Any other item as the Secretary may prescribe. Except as provided in regulations prescribed by the Secretary to prevent the avoidance of the purposes of this subchapter, such term shall not include any item described in paragraphs (1) through (8). (b) Exceptions (1) Certain real property (A) In general For purposes of this subchapter, the term derivative (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— (I) not exercisable unconditionally, and (II) 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) Securities lending, sale-repurchase, and similar financing transactions To the extent provided by the Secretary, for purposes of this subchapter, the term derivative (3) Options received in connection with the performance of services For purposes of this subchapter, the term derivative (4) Insurance contracts, annuities, and endowments For purposes of this subchapter, the term derivative (5) Derivatives with respect to stock of members of same worldwide affiliated group For purposes of this subchapter, the term derivative (6) Commodities used in normal course of trade or business For purposes of this subchapter, the term derivative (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 subchapter. If the derivative component cannot be separately valued, then the entire contract shall be treated as a derivative for purposes of this subchapter. (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 subchapter, 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. . (b) Information reporting with respect to controlled foreign corporations Section 6038(a)(1)(B) of such Code is amended by inserting and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation (c) Conforming amendment The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on trading transactions. . (d) Effective date The amendments made by this section shall apply to transactions after December 31, 2021. | Wall Street Tax Act of 2021 |
Sunshine in the Courtroom Act of 2021 This bill establishes a framework to allow federal court proceedings—in district courts, in circuit courts, and at the Supreme Court—to be photographed, recorded, broadcast, or televised. Specifically, it authorizes the presiding judge to permit media coverage of court proceedings, subject to requirements and limitations. | 117 S818 IS: Sunshine in the Courtroom Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 818 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Grassley Ms. Klobuchar Mr. Cornyn Mr. Durbin Mr. Leahy Mr. Blumenthal Mr. Markey Committee on the Judiciary A BILL To provide for media coverage of Federal court proceedings. 1. Short title This Act may be cited as the Sunshine in the Courtroom Act of 2021 2. Federal appellate and district courts (a) Definitions In this section: (1) Presiding judge The term presiding judge (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states The term appellate court of the United States (b) Authority of presiding judge To allow media coverage of court proceedings (1) Authority of appellate courts (A) In general Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception The presiding judge shall not permit any action under subparagraph (A), if— (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than one judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts (A) In general (i) Authority Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses Except as provided under clause (iii)— (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the testimony of the witness. (iii) Exception The presiding judge shall not permit any action under this subparagraph— (I) if that judge determines the action would constitute a violation of the due process rights of any party; and (II) until the Judicial Conference of the United States promulgates mandatory guidelines under paragraph (5). (B) No media coverage of jurors The presiding judge shall not permit the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. (C) Discretion of the judge The presiding judge shall have the discretion to obscure the face and voice of an individual, if good cause is shown that the photographing, electronic recording, broadcasting, or televising of the individual would threaten— (i) the safety of the individual; (ii) the security of the court; (iii) the integrity of future or ongoing law enforcement operations; or (iv) the interest of justice. (D) Sunset of district court authority The authority under this paragraph shall terminate 3 years after the date of the enactment of this Act. (3) Interlocutory appeals barred The decision of the presiding judge under this subsection of whether or not to permit, deny, or terminate the photographing, electronic recording, broadcasting, or televising of a court proceeding may not be challenged through an interlocutory appeal. (4) Advisory Guidelines The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, at the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (5) Mandatory guidelines Not later than 6 months after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate mandatory guidelines that a presiding judge is required to follow for obscuring of certain vulnerable witnesses, including crime victims, minor victims, families of victims, cooperating witnesses, undercover law enforcement officers or agents, witnesses subject to section 3521 of title 18, United States Code, relating to witness relocation and protection, or minors under the age of 18 years. The guidelines shall include procedures for determining, at the earliest practicable time in any investigation or case, which witnesses should be considered vulnerable under this section. (6) Procedures In the interests of justice and fairness, the presiding judge of the court in which media use is desired has discretion to promulgate rules and disciplinary measures for the courtroom use of any form of media or media equipment and the acquisition or distribution of any of the images or sounds obtained in the courtroom. The presiding judge shall also have discretion to require written acknowledgment of the rules by anyone individually or on behalf of any entity before being allowed to acquire any images or sounds from the courtroom. (7) No broadcast of conferences between attorneys and clients There shall be no audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, between co-counsel of a client, between adverse counsel, or between counsel and the presiding judge, if the conferences are not part of the official record of the proceedings. (8) Expenses A court may require that any accommodations to effectuate this Act be made without public expense. (9) Inherent authority Nothing in this Act shall limit the inherent authority of a court to protect witnesses or clear the courtroom to preserve the decorum and integrity of the legal process or protect the safety of an individual. | Sunshine in the Courtroom Act of 2021 |
Energy Security Cooperation with Allied Partners in Europe Act of 2021 This bill establishes requirements related to U.S. international energy strategy. Applications to export natural gas to North Atlantic Treaty Organization (NATO) member countries, Japan, and certain other countries shall be granted on an expedited basis without modification or delay. The President shall impose sanctions on a person that provides certain equipment, investment, or services to the Russian government or related entities for constructing or servicing Russian energy export pipelines. The Department of State shall report to Congress on a strategy to enhance the energy security of NATO member countries and increase U.S. energy exports to such countries. | 117 S819 IS: Energy Security Cooperation with Allied Partners in Europe Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 819 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Barrasso Mr. Boozman Mr. Braun Mrs. Capito Mr. Cornyn Mr. Cotton Mr. Cramer Mr. Cruz Mr. Daines Mr. Hagerty Mr. Hawley Mr. Hoeven Mr. Kennedy Ms. Lummis Mr. Scott of Florida Mr. Sullivan Mr. Tillis Committee on Foreign Relations A BILL To enhance the security of the United States and its allies, and for other purposes. 1. Short title This Act may be cited as the Energy Security Cooperation with Allied Partners in Europe Act of 2021 2. Statement of policy It is the policy of the United States— (1) to reduce the dependency of allies and partners of the United States on Russian energy resources, especially natural gas, in order for those countries to achieve lasting and dependable energy security; (2) to condemn the Government of the Russian Federation for, and to deter that government from, using its energy resources as a geopolitical weapon to coerce, intimidate, and influence other countries; (3) to improve energy security in Europe by increasing access to diverse, reliable, and affordable energy; (4) to promote energy security in Europe by working with the European Union and other allies of the United States to develop liberalized energy markets that provide diversified energy sources, suppliers, and routes; (5) to continue to strongly oppose the Nord Stream 2 pipeline based on its detrimental effects on the energy security of the European Union and the economy of Ukraine and other countries in Central Europe through which natural gas is transported; and (6) to support countries that are allies or partners of the United States by expediting the export of energy resources from the United States. 3. North Atlantic Treaty Organization The President should direct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization (in this Act referred to as NATO 4. Transatlantic energy strategy (a) Sense of Congress It is the sense of Congress that the United States and other NATO member countries should explore ways to ensure that NATO member countries diversify their energy supplies and routes in order to enhance their energy security, including through the development of a transatlantic energy strategy. (b) Transatlantic energy strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Energy, shall submit to the appropriate congressional committees a transatlantic energy strategy for the United States— (A) to enhance the energy security of NATO member countries and countries that are partners of NATO; and (B) to increase exports of energy from the United States to such countries. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. 5. Expedited approval of exportation of natural gas to United States allies (a) In general Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by inserting (1) For purposes (2) by striking nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas foreign country described in paragraph (2) (3) by adding at the end the following: (2) A foreign country described in this paragraph is— (A) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas; (B) a member country of the North Atlantic Treaty Organization; (C) subject to paragraph (3), Japan; and (D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. (3) The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect. . (b) Effective date The amendments made by this section shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b 6. Mandatory sanctions with respect to the development of pipelines in the Russian Federation (a) In general The President shall impose five or more of the sanctions described in section 235 of the Countering America's Adversaries Through Sanctions Act ( 22 U.S.C. 9529 (1) any of which has a fair market value of $1,000,000 or more; or (2) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. (b) Investment described An investment described in this subsection is any contribution of assets, including a loan guarantee or any other transfer of value, that directly and significantly contributes to the enhancement of the ability of the Government of the Russian Federation, or any entity owned or controlled by that government, to construct energy export pipelines. (c) Goods, services, technology, information, or support described Goods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of the construction, modernization, or repair of energy export pipelines by the Government of the Russian Federation or any entity owned or controlled by that government. (d) Presidential waiver authority and notice to Congress (1) Presidential waiver authority The President may waive the application of sanctions under this section if the President determines that it is in the national security interests of the United States to waive such sanctions. (2) Notice to Congress Not less than 15 days before taking action to waive the application of sanctions under paragraph (1), the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification of, and written justification for, the action. (e) Exception for importation of goods (1) In general The authority to impose sanctions under subsection (a) shall not include the authority to impose sanctions with respect to the importation of goods. (2) Good defined In this subsection, the term good | Energy Security Cooperation with Allied Partners in Europe Act of 2021 |
Ensuring Health Safety in the Skies Act of 2021 This bill requires the Department of Transportation (DOT), the Department of Homeland Security, and the Department of Health and Human Services to form a joint task force on air travel during and after the COVID-19 (i.e., coronavirus disease 2019) public health emergency. The task force must develop recommended requirements, plans, and guidelines to address the health, safety, security, and logistical issues relating to the continuation of air travel during the COVID-19 public health emergency, as well as the resumption of full operations at airports and increased passenger air travel after the COVID-19 public health emergency ends. DOT must establish a joint federal advisory committee to advise the task force to include developing and submitting policy recommendations to the task force regarding the recommended requirements, plans, and guidelines that the task force must develop. Additionally, DOT must publish the policy recommendations on a publicly accessible website. | 117 S82 IS: Ensuring Health Safety in the Skies Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 82 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Markey Mr. Blumenthal Mr. Wicker Committee on Commerce, Science, and Transportation A BILL To require a joint task force on air travel during and after the COVID–19 Public Health Emergency, and for other purposes. 1. Short Title This Act may be cited as the Ensuring Health Safety in the Skies Act of 2021 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Air travel The term air travel (3) COVID–19 public health emergency The term COVID–19 public health emergency 42 U.S.C. 247d (4) Joint Task Force The term Joint Task Force 3. Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation, the Secretary of Homeland Security, and the Secretary of Health and Human Services shall establish the Joint Task Force on Air Travel During and After the COVID–19 Public Health Emergency. (b) Duties (1) In general The Joint Task Force shall develop recommended requirements, plans, and guidelines to address the health, safety, security, and logistical issues relating to— (A) the continuation of air travel during the COVID–19 public health emergency; and (B) the resumption of full operations at airports and increased passenger air travel after the COVID–19 public health emergency. (2) Recommendations The recommendations developed under paragraph (1), with respect to the applicable periods described in paragraph (3), shall include— (A) modifying airport, air carrier, security (including passenger security screening), and other operations related to passenger air travel, including passenger queuing, boarding, deplaning, and baggage handling procedures, as a result of— (i) current and anticipated changes to passenger air travel during and after the COVID–19 public health emergency; and (ii) anticipated changes to passenger air travel resulting from any seasonal recurrence of the coronavirus; (B) mitigating the public health and economic impacts of the COVID–19 public health emergency and any seasonal recurrence of the coronavirus on airports and passenger air travel (including through the use of personal protective equipment, the implementation of strategies to promote overall passenger and employee safety, and the accommodation of social distancing as feasible and necessary); (C) addressing privacy and civil liberty issues that may arise from passenger health screenings, contact-tracing, or other processes used to monitor the health of individuals engaged in air travel; and (D) operating procedures to manage future public health crises that can be anticipated, to the extent such public health crises may impact air travel. (3) Applicable periods For purposes of paragraph (2), the applicable periods described in this paragraph are the following periods: (A) The period beginning on the date of the first meeting of the Joint Task Force and ending on the last day of the COVID–19 public health emergency. (B) The 1-year period beginning on the day after the end of the period described in subparagraph (A). (c) Activities of the Joint Task Force (1) In general In developing the recommended requirements, plans, and guidelines under subsection (b), and prior to including such recommendations in the final report required under section 5(b), the Joint Task Force shall— (A) conduct cost-benefit evaluations regarding such recommendations, including costs impacting air operations and impacts on air travel; (B) consider funding constraints; (C) use risk-based decision-making; and (D) consult with the Advisory Committee established in section 4(a) and consider any consensus policy recommendations of the Advisory Committee submitted under section 4(b). (2) International consultation The Joint Task Force shall consult, as practicable, with relevant international entities and operators, including the International Civil Aviation Organization, to harmonize (to the extent possible) recommended requirements, plans, and guidelines for air travel during and after the COVID–19 public health emergency. (d) Membership (1) Chair The Secretary of Transportation (or the Secretary’s designee) shall serve as Chair of the Joint Task Force. (2) Vice-Chair The Secretary of Health and Human Services (or the Secretary’s designee) shall serve as Vice-Chair of the Joint Task Force. (3) Other members In addition to the Chair and Vice-Chair, the members of the Joint Task Force shall include representatives of the following: (A) The Department of Transportation. (B) The Department of Homeland Security. (C) The Department of Health and Human Services. (D) The Federal Aviation Administration. (E) The Transportation Security Administration. (F) U.S. Customs and Border Protection. (G) The Centers for Disease Control and Prevention. (H) The Occupational Safety and Health Administration. (I) The National Institute for Occupational Safety and Health. (J) The Pipeline and Hazardous Materials Safety Administration. (K) The Department of State. (L) The Environmental Protection Agency. 4. Joint Federal Advisory Committee (a) Establishment Not later than 15 days after the date on which the Joint Task Force is established under section 3(a), the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall establish a Joint Federal Advisory Committee to advise the Joint Task Force. (b) Duties of the Advisory Committee The Advisory Committee shall develop and submit consensus policy recommendations to the Joint Task Force for the Joint Task Force to consider when developing recommendations under section 3(b). (c) Membership The members of the Advisory Committee shall include representatives of the following: (1) Airport operators designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security. (2) Air carriers designated by the Secretary of Transportation. (3) Aircraft and aviation manufacturers designated by the Secretary of Transportation. (4) Labor organizations representing— (A) aviation industry workers (including pilots, flight attendants, engineers, maintenance, mechanics, air traffic controllers, safety inspectors, and workers performing airport services such as security, terminal and cabin cleaning, passenger assistance, and aircraft loading) designated by the Secretary of Transportation; and (B) security screening personnel designated by the Secretary of Homeland Security. (5) Public health experts designated by the Secretary of Health and Human Services. (6) Organizations representing airline passengers designated by the Secretary of Transportation. (7) Privacy and civil liberty organizations designated by the Secretary of Homeland Security. (8) Manufacturers and integrators of passenger screening and identity verification technologies designated by the Secretary of Homeland Security. (9) Trade associations representing air carriers (including major passenger air carriers, low-cost passenger air carriers, regional passenger air carriers, cargo air carriers, and foreign passenger air carriers) designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security. (10) Trade associations representing airport operators (including large hub, medium hub, small hub, nonhub primary, and nonprimary commercial service airports) designated by the Secretary of Transportation in consultation with the Secretary of Homeland Security. (11) Aviation contractors designated by the Secretary of Transportation. (d) Vacancies Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App). (e) Prohibition on compensation The members of the Advisory Committee shall not receive any compensation from the Federal Government by reason of their service on the Advisory Committee. (f) Publication Not later than 14 days after the date on which the Advisory Committee submits policy recommendations to the Joint Task Force pursuant to subsection (b), the Secretary of Transportation shall publish such policy recommendations on a publicly accessible website. 5. Briefings and Reports (a) Preliminary briefings As soon as practicable, but not later than 6 months after the date on which the Joint Task Force is established under section 3(a), the Joint Task Force shall begin providing preliminary briefings to Congress on the status of the development of the recommended requirements, plan, and guidelines under section 3(b). The preliminary briefings shall include interim versions, if any, of the recommendations of the Joint Task Force. (b) Final report (1) Deadline As soon as practicable, but not later than 18 months after the date of enactment of this Act, the Joint Task Force shall submit a final report to Congress. (2) Content The final report shall include the following: (A) All of the recommended requirements, plans, and guidelines developed by the Joint Task Force under section 3(b), and a description of any action taken by the Federal Government as a result of such recommendations. (B) Consensus policy recommendations submitted by the Advisory Committee under section 4(b), and an explanation (including data and risk analysis) of any action by the Joint Task Force in response to such recommendations. 6. Termination The Joint Task Force and the Advisory Committee shall terminate 30 days after the date on which the Joint Task Force submits the final report required under section 5(b). | Ensuring Health Safety in the Skies Act of 2021 |
Repay Act of 2021 This bill directs the Department of Education (ED) to carry out a simplified income-driven repayment program for new borrowers of Federal Direct Loans. New borrower refers to a borrower who, as of July 1, 2022, has no outstanding balance on Federal Direct Loans. Under current law, a borrower may choose from three traditional repayment plans, including a fixed 10-year repayment plan, and five income-driven plans. Under the bill, a new borrower may choose either the fixed 10-year repayment plan or a simplified income-driven repayment plan. ED must direct servicers of loans to notify borrowers of these repayment options. ED must cancel the outstanding loan balance after a borrower makes payments under the simplified income-driven repayment plan for 20 or 25 years, depending on the balance of the loan at the time the initial repayment period began. Further, the bill allows payments made by a borrower under the simplified income-driven repayment plan to become qualifying payments under the Public Service Loan Forgiveness program. Finally, the Government Accountability Office must study and provide recommendations for streamlining income and employment verification and administering income-based repayment programs. | 117 S821 IS: Repay Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 821 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Burr Mr. King Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to establish a simplified income-driven repayment plan, and for other purposes. 1. Short title This Act may be cited as the Repay Act of 2021 2. Simplified income-driven repayment plan Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 493E. Simplified income-driven repayment plan (a) Definitions In this section: (1) Covered Federal Direct Loan The term covered Federal Direct Loan (2) Discretionary income The term discretionary income (3) Discretionary income bend point The term discretionary income bend point (4) Income-driven calculation (A) In general The term income-driven calculation (i) 10 percent of the borrower’s discretionary income that is less than the discretionary income bend point, plus (ii) 15 percent of the borrower’s discretionary income that is equal to or greater than the discretionary income bend point. (B) Annual calculation The calculation under subparagraph (A) shall be determined on an annual basis for the duration of the repayment period described in subsection (b). (5) New borrower The term new borrower (A) as of July 1, 2022, has no outstanding balance on a student loan made, insured, or guaranteed under part B or D; or (B) has no outstanding balance on a student loan made, insured, or guaranteed under part B or D on the date the borrower receives a loan made under part D on or after July 1, 2022. (b) Simplified income-Driven repayment plan authorized (1) In general The Secretary shall carry out a simplified income-driven repayment program for new borrowers that meets the following requirements: (A) A new borrower of any covered Federal Direct Loan may elect to have the borrower’s aggregate monthly payment for all such loans equal to the income-driven calculation, divided by 12. (B) The holder of such a loan shall apply the borrower’s monthly payment under this subsection first toward interest due on the loan, next toward any fees due on the loan, and then toward the principal of the loan. (C) Any interest due and not paid under subparagraph (B)— (i) shall, on Federal Direct Stafford Loans, be paid by the Secretary for a period of not more than 3 years after the date of the borrower’s election under subparagraph (A), except that such period shall not include any period during which the borrower is in deferment due to an economic hardship described in section 435(o); and (ii) shall be capitalized— (I) in the case of a Federal Direct Stafford Loan, subject to clause (i)— (aa) at the time the borrower ends the election to make simplified income-driven repayment under this subsection; or (bb) at the time the borrower’s monthly payment calculation under subparagraph (A) exceeds the monthly payment calculation under the fixed repayment plan, based on a 10-year repayment period, when the borrower first made the election under subparagraph (A); and (II) in the case of a Federal Direct Unsubsidized Stafford Loan— (aa) at the time the borrower ends the election to make simplified income-driven repayment under this subsection; or (bb) at the time the borrower’s monthly payment calculation under subparagraph (A) exceeds the monthly payment calculation under the fixed repayment plan, based on a 10-year repayment period, when the borrower first made the election under subparagraph (A). (D) Any principal due and not paid under subparagraph (B) shall be deferred. (E) The amount of time a new borrower shall make monthly payments under subparagraph (A) may exceed 10 years. (F) If the borrower no longer wishes to continue the election under this subsection, then— (i) the maximum monthly payment required to be paid for all covered Federal Direct Loans shall be equal to the monthly amount calculated under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment period, when the borrower first made the election described in this subsection; and (ii) the amount of time the borrower is permitted to repay such loans may exceed 10 years. (G) The Secretary shall cancel the outstanding balance of principal and interest due for a new borrower whose balance of principal of covered Federal Direct Loans did not exceed $57,500 on the date the borrower’s repayment period began, or whose balance of principal of covered Federal Direct Loans did not exceed the maximum aggregate amount of loans an independent undergraduate student could borrow, pursuant to section 428H(d)(4)(B), on the date the borrower’s final covered Federal Direct Loan was disbursed, whichever amount is greater, if the borrower— (i) at any time, elected to participate under subparagraph (A); and (ii) for 20 years— (I) made monthly payments pursuant to subparagraph (A); or (II) was in deferment due to an economic hardship described in section 435(o). (H) The Secretary shall cancel the outstanding balance of principal and interest due for a new borrower whose balance of principal of covered Federal Direct Loans exceeded $57,500 on the date the borrower’s repayment period began, or whose balance of principal of covered Federal Direct Loans exceeded the maximum aggregate amount of loans an independent undergraduate student could borrow, pursuant to section 428H(d)(4)(B), on the date the borrower’s final covered Federal Direct Loan was disbursed, whichever amount is greater, if the borrower— (i) at any time, elected to participate under subparagraph (A); and (ii) for 25 years— (I) made monthly payments pursuant to subparagraph (A); or (II) was in deferment due to an economic hardship described in section 435(o). (I) A borrower may elect to discontinue repayment pursuant to this subsection, at any time, and enter into repayment pursuant to section 455(d)(2)(A). (2) Monthly payments Only monthly payments made pursuant to paragraph (1)(A) shall be considered eligible payments toward the forgiveness of outstanding loan principal and interest under subparagraphs (G) and (H) of paragraph (1). (c) Eligibility determinations The Secretary shall annually determine a borrower’s eligibility for the simplified income-driven repayment plan under this section through— (1) verification of a borrower’s annual adjusted gross income; (2) the annual amount due on the total amount of covered Federal Direct Loans; and (3) such other procedures as are necessary to effectively implement the simplified income-driven repayment plan under this section. (d) Special rule for married borrowers filing separately In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the borrower’s income-driven calculation on the basis of the borrower’s total amount due on covered Federal Direct Loans and the married couple’s combined adjusted gross income. In the case of a married couple in which both individuals repay their loans under this section, the Secretary shall calculate each borrower’s income-driven calculation on the basis of each borrower’s total amount due on covered Federal Direct Loans and the married couple’s combined adjusted gross income divided by 2. (e) Annual income verification (1) In general A borrower who elects to participate in the simplified income-driven repayment plan under this section shall submit to the Secretary, on an annual basis, verification of the borrower’s annual adjusted gross income. (2) Consequence of failure to submit With respect to a borrower who fails to submit to the Secretary verification of the borrower’s annual adjusted gross income as required under paragraph (1), any monthly payments made during the period the borrower is in violation of the requirement of paragraph (1) shall not be considered eligible payments toward the forgiveness of outstanding loan principal and interest under subparagraphs (G) and (H) of subsection (b)(1). . 3. Streamlining repayment plans for new borrowers Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (1) by striking subsection (d) and inserting the following: (d) Repayment plans (1) Design and selection for borrowers before July 1, 2022 With respect to a borrower of a loan made under this part before July 1, 2022, and consistent with criteria established by the Secretary, the Secretary shall offer such borrower a variety of plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. The borrower may choose— (A) a fixed repayment plan, consistent with subsection (a)(1) of this section and with section 428(b)(9)(A)(i); (B) a graduated repayment plan, consistent with section 428(b)(9)(A)(ii); (C) an extended repayment plan, consistent with section 428(b)(9)(A)(iv), except that the borrower shall annually repay a minimum amount determined by the Secretary in accordance with section 428(b)(1)(L); (D) an income contingent repayment plan, with varying annual repayment amounts based on the income of the borrower, paid over an extended period of time prescribed by the Secretary, not to exceed 25 years, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student; and (E) an income-based repayment plan that enables borrowers who have a partial financial hardship to make a lower monthly payment in accordance with section 493C, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (2) Design and selection for new borrowers on or after July 1, 2022 The Secretary shall offer a borrower of a loan made under this part on or after July 1, 2022, the following plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on the borrower’s loans under this part. The borrower may choose— (A) a fixed repayment plan, consistent with subsection (a)(1) of this section and with section 428(b)(9)(A)(i); or (B) a simplified income-driven repayment plan, consistent with section 493E, except the plan described in this subparagraph shall not be available to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student, a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (3) Borrower non-selection If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1) or (2), the Secretary may provide the borrower with a repayment plan described in subparagraph (A), (B), or (C) of paragraph (1) for borrowers before July 1, 2022, or a repayment plan described in paragraph (2)(A) for new borrowers on or after July 1, 2022. (4) Changes in selections The borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph (1) or (2), or the Secretary's selection of a plan for the borrower under paragraph (3), as the case may be, under such terms and conditions as may be established by the Secretary. (5) Alternative repayment plans The Secretary may provide, on a case-by-case basis, an alternative repayment plan to a borrower of a loan made under this part on or after July 1, 2022, who demonstrates to the satisfaction of the Secretary that the terms and conditions of the repayment plans available under paragraph (2) are not adequate to accommodate the borrower's exceptional circumstances. Upon request, the Secretary shall make available for such borrower’s repayment plans described in subparagraphs (B) and (C) of paragraph (1). In designing such alternative repayment plans, the Secretary shall ensure that such plans do not exceed the cost to the Federal Government, as determined on the basis of the present value of future payments by such borrowers, of loans made using the plans available under paragraph (2). (6) Repayment after default For any borrower who has defaulted on a loan made under this part, the Secretary— (A) may require the borrower to pay all reasonable collection costs associated with such loan; and (B) if such loan was made— (i) to any borrower who, before July 1, 2022, had an outstanding balance on a student loan made, insured, or guaranteed under this part or part B, may require the borrower to repay the loan pursuant to an income contingent repayment plan, as described in paragraph (1)(D), or an income-based repayment plan, as described in paragraph (1)(E); or (ii) to a new borrower (as defined in section 493E(a)(5)), may provide the borrower the option to enroll in the repayment plan described in paragraph (2)(B). (7) Applicability provision (A) In general Except as provided in paragraph (5) and subparagraph (B), the repayment plans under subparagraphs (B), (C), (D), and (E) of paragraph (1) are not available for a borrower who received the borrower's first disbursement of a Federal Direct Loan on or after July 1, 2022. (B) Exception The repayment plans available to a borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan whose proceeds were used to discharge the liability of a Federal Direct PLUS Loan made on behalf of a dependent student or a loan under section 428B made on behalf of a dependent student on or after July 1, 2022, shall be those described under subparagraphs (A), (B), and (C) of paragraph (1). ; and (2) in subsection (m)— (A) in paragraph (1)— (i) in the paragraph heading, by striking In general Borrowers before July 1, 2022 (ii) in the matter preceding subparagraph (A), by striking The Secretary Except as provided in paragraph (5), the Secretary (B) in paragraph (2), by inserting or (5) paragraph (1) (C) by adding at the end the following: (5) Simplified income-driven repayment for new borrowers on or after July 1, 2022 (A) In general With respect to an eligible Federal Direct Loan not in default made under this part on or after July 1, 2022, the Secretary shall cancel the balance of interest and principal due, after the conclusion of the employment period described in paragraph clause (iv), as of the time of such cancellation, on any such loan for a borrower who— (i) as of July 1, 2022, had no outstanding balance on a student loan made, insured, or guaranteed under this part or part B or had no outstanding balance on a student loan made, insured, or guaranteed under this part or part B on the date the borrower received the loan made under this part on or after July 1, 2022; (ii) has made 120 monthly payments on the eligible Federal Direct Loan under a simplified income-driven repayment plan under subsection (d)(2)(B); (iii) is employed in a public service job at the time of such forgiveness; and (iv) has been employed in a public service job during the period in which the borrower makes each of the 120 payments described in clause (ii). (B) Annual income verification With respect to a borrower who fails to submit to the Secretary verification of the borrower’s annual adjusted gross income as required under section 493E(e), any monthly payments made during the period the borrower is in violation of such requirement shall not be considered eligible payments under subparagraph (A)(ii) toward the cancellation pursuant to this paragraph of the balance of interest and principal due on the borrower's loan. . 4. Fixed repayment plan The Higher Education Act of 1965 ( 20 U.S.C. 1001 (1) in section 153(a)(1)(B)(iii)(V), by striking standard repayment plan fixed repayment plan (2) in section 428(b)(9)(A)(i), by striking standard repayment plan fixed repayment plan (3) in section 433(b)(7)(B), by striking standard repayment plan fixed repayment plan (4) in section 455— (A) in subsection (e)(7)(B)(iv), by striking standard repayment plan fixed repayment plan (B) in subsection (m)(1)(A)(ii), by striking standard repayment plan fixed repayment plan (5) in section 493C— (A) in subsection (a)(3)(A), by striking standard repayment plan fixed repayment plan (B) in subsection (b)— (i) in paragraph (7)(B)(iii), by striking standard repayment plan fixed repayment plan (ii) in paragraph (8), by striking standard repayment plan fixed repayment plan 5. Notification to borrowers about repayment options and alternatives to default Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall require servicers of loans made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 (1) notify borrowers, in writing and through electronic format, about all repayment options for which the borrower may qualify; (2) provide borrowers, in writing and through electronic format, information about alternative repayment plans, including the borrower’s estimated monthly payment, expected number of years to repay, expected amount of loan forgiveness, expected total loan forgiveness, and expected total principal and interest paid, associated with each repayment plan in a format that permits the borrower to compare the current repayment plan with alternative repayment plans; and (3) offer to enroll such borrowers in alternative plans, if eligible. 6. GAO study on improving enrollment and verification associated with income-driven repayment Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury, shall— (1) complete a study that— (A) examines the feasibility of simplifying the process for enrolling in, and verifying annual eligibility for, the simplified income-driven repayment program authorized under the amendments made by this Act; and (B) provides recommendations, including those relating to streamlined income and employment verification and simplified methods of repayment, for efficient administration of income-based repayment programs, including those authorized under the amendments made by this Act; and (2) prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives setting forth the conclusions of the study described in paragraph (1) in such a manner that the recommendations included in the report can inform future reauthorizations of the Higher Education Act of 1965 ( 20 U.S.C. 1001 | Repay Act of 2021 |
Transparency for Confucius Institutes Act This bill requires an institution of higher education (IHE) that participates in federal student-aid programs to enter into a program participation agreement if a Confucius Institute operates on the IHE's campus. (Confucius Institutes are Chinese government-funded centers for language education and cultural programming at IHEs.) The agreement must be entered into with the Office of Chinese Language Council International (i.e., Confucius Institute Headquarters, Hanban) and be made publicly available online. Among other requirements, the Confucius Institute must be physically located apart from the IHE's own Chinese language, history, and cultural programs. | 117 S822 IS: Transparency for Confucius Institutes Act U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 822 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mrs. Blackburn Mr. Cruz Mr. Cramer Mr. Tuberville Mr. Braun Mr. Hawley Mr. Scott of Florida Mr. Tillis Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require program participation agreements between institutions of higher education and Hanban if a Confucius Institute operates on the campus of the institution. 1. Short title This Act may be cited as the Transparency for Confucius Institutes Act 2. Program participation agreements between institutions and Hanban Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (30) If a Confucius Institute (as defined in section 1091 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (132 Stat. 1997; Public Law 115–232 Hanban (A) clearly delineates between the Confucius Institute's programs and the institution’s own Chinese language programs; (B) locates the Confucius Institute physically apart from the Chinese language programs, Chinese history programs, and Chinese cultural programs within the institution’s organizational structure and separates promotions for the Confucius Institute from promotions for the institution’s Chinese language programs, Chinese history programs, and Chinese cultural programs; (C) removes the Chinese assistant director position from the Confucius Institute; (D) subjects the staff and professors of the Confucius Institute to appropriate background checks; (E) is publicly available in its entirety online; (F) does not have a confidentiality section; and (G) provides that the institution has final decision-making authority, including with regard to conference themes, guest speakers, and topics for events on campus at the institution. . | Transparency for Confucius Institutes Act |
Medicare Patient Empowerment Act of 2021 This bill allows any Medicare beneficiary to enter into a contract with an eligible professional, regardless of whether the professional is a participating or non-participating physician or practitioner, for any item or service covered by Medicare. Such beneficiaries may submit a claim for Medicare payment in the amount that would otherwise apply, except that, where the professional is considered to be non-participating, payment shall be paid as if the professional were participating. An eligible professional is a physician, physician assistant, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse-midwife, clinical social worker, clinical psychologist, registered dietitian or nutrition professional, physical or occupational therapist, qualified speech-language pathologist, or qualified audiologist. A Medicare beneficiary must agree in writing in such a contract to (1) pay the eligible professional for a Medicare-covered item or service; and (2) submit, in lieu of the eligible professional, a claim for Medicare payment. However, a beneficiary may negotiate, as a term of the contract, for the eligible professional to file such claims on the beneficiary's behalf. The bill preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made. | 117 S826 IS: Medicare Patient Empowerment Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 826 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Paul Ms. Murkowski Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and eligible professionals to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits. 1. Short title This Act may be cited as the Medicare Patient Empowerment Act of 2021 2. Guaranteeing freedom of choice and contracting for patients under Medicare (a) In general Section 1802 of the Social Security Act ( 42 U.S.C. 1395a 1802. Freedom of Choice and Contracting by Patient Guaranteed (a) Basic freedom of choice Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. (b) Freedom To contract by Medicare beneficiaries (1) In general Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional (whether or not the professional is a participating or non-participating physician or practitioner) for any item or service covered under this title. (2) Submission of claims Any Medicare beneficiary that enters into a contract under this section with an eligible professional shall be permitted to submit a claim for payment under this title for services furnished by such professional, and such payment shall be made in the amount that would otherwise apply to such professional under this title except that where such professional is considered to be non-participating, payment shall be paid as if the professional were participating. Payment made under this title for any item or service provided under the contract shall not render the professional a participating or non-participating physician or practitioner, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician or practitioner would not apply with respect to any items or services furnished under the contract. (3) Beneficiary protections (A) In general Paragraph (1) shall not apply to any contract unless— (i) the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for an item or service in excess of the amount established under the contract during the period the contract is in effect; (ii) the contract contains the items described in subparagraph (B); and (iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. (B) Items required to be included in contract Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary— (i) agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract; (ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and (iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the eligible professional is excluded from participation under the Medicare program under section 1128. (C) Beneficiary elections under the contract Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which— (i) the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and (ii) the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. (D) Exclusion of dual eligible individuals Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. (4) Limitation on actual charge and claim submission requirement not applicable Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). (5) Construction Nothing in this section shall be construed— (A) to prohibit any eligible professional from maintaining an election and acting as a participating or non-participating physician or practitioner with respect to any patient not covered under a contract established under this section; and (B) as changing the items and services for which an eligible professional may bill under this title. (6) Definitions In this subsection: (A) Medicare beneficiary The term Medicare beneficiary (B) Eligible professional The term eligible professional (C) Emergency medical condition The term emergency medical condition (i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part. (D) Participating; non-participating The terms participating nonparticipating (E) Urgent health care situation The term urgent health care situation . 3. Preemption of State laws limiting charges for services by an eligible professional (a) In general No State may impose a limit on the amount of charges for services, furnished by an eligible professional (as defined in subsection (k)(3)(B) of section 1848 of the Social Security Act, 42 U.S.C. 1395w–4 (b) State In this section, the term State | Medicare Patient Empowerment Act of 2021 |
Mental Health Access Improvement Act of 2021 This bill provides for coverage of marriage and family therapist services and mental health counselor services under Medicare. It also excludes such services from the skilled nursing facility prospective payment system, and authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services. | 117 S828 IS: Mental Health Access Improvement Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 828 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Barrasso Ms. Stabenow Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Mental Health Access Improvement Act of 2021 2. Coverage of marriage and family therapist services and mental health counselor services under part B (a) Coverage of Services (1) In general Section 1861(s)(2) of the Social Security Act 42 U.S.C. 1395x(s)(2) (A) in subparagraph (GG), by striking and (B) in subparagraph (HH), by inserting and (C) by adding at the end the following new subparagraph: (II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3)); . (2) Definitions Section 1861 of the Social Security Act 42 U.S.C. 1395x (lll) Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor (1) The term marriage and family therapist services (2) The term marriage and family therapist (A) possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; (B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and (C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. (3) The term mental health counselor services (4) The term mental health counselor (A) possesses a master’s or doctor’s degree in mental health counseling or a related field; (B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and (C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State. . (3) Provision for payment under part B Section 1832(a)(2)(B) of the Social Security Act 42 U.S.C. 1395k(a)(2)(B) (v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3)); . (4) Amount of payment Section 1833(a)(1) of the Social Security Act 42 U.S.C. 1395 l (A) by striking and (CC) (CC) (B) by inserting before the semicolon at the end the following: , and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L) (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act 42 U.S.C. 1395yy(e)(2)(A)(ii) marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)), qualified psychologist services, (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims Section 1842(b)(18)(C) of the Social Security Act 42 U.S.C. 1395u(b)(18)(C) (vii) A marriage and family therapist (as defined in section 1861(lll)(2)). (viii) A mental health counselor (as defined in section 1861(lll)(4)). . (b) Coverage of Certain Mental Health Services Provided in Certain Settings (1) Rural health clinics and federally qualified health centers Section 1861(aa)(1)(B) of the Social Security Act 42 U.S.C. 1395x(aa)(1)(B) or by a clinical social worker (as defined in subsection (hh)(1)) , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4)) (2) Hospice programs Section 1861(dd)(2)(B)(i)(III) of the Social Security Act 42 U.S.C. 1395x(dd)(2)(B)(i)(III) , marriage and family therapist, or mental health counselor social worker (c) Authorization of marriage and family therapists and mental health counselors To develop discharge plans for post-Hospital services Section 1861(ee)(2)(G) of the Social Security Act 42 U.S.C. 1395x(ee)(2)(G) , including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary (d) Effective Date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022. | Mental Health Access Improvement Act of 2021 |
TRICARE Fairness for National Guard and Reserve Retirees Act This bill aligns eligibility for TRICARE health coverage with the age at which personnel of the Retired Reserve (former National Guard and Reserve members) begin receiving retired pay. Specifically, personnel of the Retired Reserve who are not yet age 60 but are receiving their retirement pay may purchase TRICARE health coverage for retired military personnel, rather than the presently allowed TRICARE Retired Reserve. Under current law, Reserve Component personnel may retire below age 60, but not below 50, based on active duty performance. | 117 S829 IS: TRICARE Fairness for National Guard and Reserve Retirees Act U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 829 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Portman Ms. Warren Committee on Armed Services A BILL To amend title 10, United States Code, to improve the TRICARE program for certain members of the Retired Reserve of the reserve components. 1. Short title This Act may be cited as the TRICARE Fairness for National Guard and Reserve Retirees Act 2. TRICARE for members of the retired reserve (a) Adjustment of eligibility Paragraph (2) of section 1074(b) of title 10, United States Code, is amended to read as follows: (2) Paragraph (1) does not apply to a member or former member eligible for retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age unless such member or former member is in receipt of such pay (or would be in receipt of such pay but for section 5304 or 5305 of title 38). . (b) TRICARE Retired Reserve Section 1076e(a) of title 10, United States Code, is amended— (1) in paragraph (1), by striking who is qualified for a non-regular retirement at age 60 under chapter 1223 of this title, but is not age 60, described in paragraph (3) (2) by adding at the end the following new paragraph: (3) A member of the Retired Reserve of a reserve component of the armed forces is described in this paragraph if the member— (A) is qualified for a non-regular retirement at age 60 under chapter 1223 of this title; (B) is not age 60; and (C) is not in receipt of retired pay under such chapter, unless the member is not in receipt of such retired pay due to the application of section 5304 or 5305 of title 38. . (c) Effective date The amendments made by this section shall take effect January 1, 2022. | TRICARE Fairness for National Guard and Reserve Retirees Act |
Pregnant Women Health and Safety Act of 2021 This bill establishes requirements for physicians who perform abortions and abortion clinics. Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise. A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted. The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers. | 117 S83 IS: Pregnant Women Health and Safety Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 83 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Kennedy Mr. Braun Mr. Cramer Mrs. Hyde-Smith Mr. Inhofe Mr. Marshall Mr. Rounds Mr. Tillis Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes. 1. Short title This Act may be cited as the Pregnant Women Health and Safety Act of 2021 2. Requirement for physicians relating to the performance of abortions (a) In general Chapter 74 (1) in the chapter heading by striking Partial-Birth (2) by inserting after section 1531 the following: 1532. Prohibition on certain procedures (a) Definition In this section, the term physician (b) Requirements A physician who performs an abortion shall— (1) have admitting privileges at a hospital located within 15 miles from the principal medical office of the physician and the location in which the abortion is being performed; and (2) at the time of the abortion, notify the patient involved of the hospital location where the patient can receive follow-up care by the physician if complications resulting from the abortion arise. (c) Offense It shall be unlawful for a physician, in or affecting interstate or foreign commerce, to knowingly perform an abortion and, in doing so, fail to comply with subsection (b). (d) Penalty Any physician who violates subsection (c) shall be fined under this title, imprisoned not more than 2 years, or both. (e) Limitation A woman upon whom a procedure described in subsection (c) is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. . (b) Technical and conforming amendments (1) Chapter 74 The table of sections for such chapter is amended by inserting after the item relating to section 1531 the following: 1532. Prohibition on certain procedures. . (2) Part I The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following: 74. Abortions 1531 . 3. Requirement of abortion clinics (a) In general Subject to subsection (b), as a condition for receiving any Federal funds or assistance, an abortion clinic shall— (1) be licensed by the State in which it is located; and (2) be in compliance with the requirements for ambulatory surgery centers under title XVIII of the Social Security Act ( 42 U.S.C. 1395 (b) Waiver For purposes of complying with subsection (a)(2) with respect to an abortion clinic, a State board of health may waive the application of certain structural requirements (as the Secretary of Health and Human Services determines appropriate). (c) Definition In this section, the term abortion clinic | Pregnant Women Health and Safety Act of 2021 |
National Children's Museum Act This bill requires the General Services Administration (GSA) to cover the rent of the National Children's Museum for the duration of the museum's current building lease, including renewals. The GSA must use specified funds for such expenses. | 117 S830 IS: National Children’s Museum Act U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 830 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Van Hollen Mrs. Capito Committee on Environment and Public Works A BILL To amend title 40, United States Code, to require the Administrator of General Services to enter into a cooperative agreement with the National Children’s Museum to provide the National Children’s Museum rental space without charge in the Ronald Reagan Building and International Trade Center, and for other purposes. 1. Short title This Act may be cited as the National Children’s Museum Act 2. National Children’s Museum (a) Findings Congress finds that— (1) section 502 of the Museum and Library Services Act of 2003 ( 20 U.S.C. 956a Public Law 108–81 National Children’s Museum (2) the National Children’s Museum operates under section 501(c)(3) (3) the mission of the National Children’s Museum is to inspire children to care about and change the world; and (4) the National Children’s Museum is located in the federally owned Ronald Reagan Building and International Trade Center. (b) National Children’s Museum Subchapter III of chapter 67 6735. National Children’s Museum (a) In general Not later than 30 days after the date of enactment of this section, the Administrator of General Services shall enter into a cooperative agreement with the National Children’s Museum (referred to in this section as the Museum Space (b) Contents The cooperative agreement under subsection (a) shall include provisions that— (1) require, for the period in which the General Services Administration owns or controls the Space, the General Services Administration to provide rent for the Space; and (2) terminate the agreement if— (A) the Museum does not continue to qualify as a nonprofit organization under section 501(c)(3) (B) the Museum no longer uses the Space as a children’s museum; and (3) prohibit the Museum from transferring the interest in the agreement. (c) Source of funds To carry out this section, the Administrator of General Services shall use funds derived from— (1) the Pennsylvania Avenue Development Corporation fund; or (2) the International Trade Center fund. (d) Report The cooperative agreement under subsection (a) shall require the Museum to submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report on the operations and finances of the Museum. . (c) Clerical amendment The analysis for subchapter III of chapter 67 6735. National Children’s Museum. . | National Children’s Museum Act |
EB-5 Reform and Integrity Act of 2021 This bill reauthorizes the EB-5 Regional Center program through FY2026 and makes various changes to the program, such as imposing various oversight requirements. (EB-5 visas provide permanent resident status to qualified alien investors. A regional center allows EB-5 aliens to pool investments to meet various investment and job creation requirements.) Oversight-related provisions include requiring each center to (1) notify the Department of Homeland Security (DHS) of proposed changes to the center's structure, (2) maintain certain records and make such records available to DHS for audits, (3) obtain approval for each particular investment offering, and (4) annually report to DHS. The bill prohibits certain individuals and entities from involvement in a center, such as (1) a person who had committed a violation involving fraud in the previous 10 years, (2) a non-U.S. national not admitted for permanent residence, or (3) a foreign government official. DHS shall deny petitions, such as a petition to certify a regional center or to classify an alien as an alien investor, if approval would threaten U.S. national interest. The bill provides various enforcement authority to DHS and U.S. Citizenship and Immigration Services, including the ability to permanently bar an individual from participating in the regional center program. The bill establishes the EB-5 Integrity Fund to fund program enforcement activities. The bill contains various provisions related to EB-5 petitions, such as a provision authorizing DHS to extend an alien's conditional permanent residence status. | 117 S831 IS: EB–5 Reform and Integrity Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 831 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Grassley Mr. Leahy Committee on the Judiciary A BILL To reauthorize the EB–5 Regional Center Program in order to prevent fraud and to promote and reform foreign capital investment and job creation in American communities. 1. Short title This Act may be cited as the EB–5 Reform and Integrity Act of 2021 2. Reauthorization and reform of the Regional Center Program (a) Repeal Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 (b) Authorization Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (E) Regional center program (i) In general Visas under this paragraph shall be made available through September 30, 2026, to qualified immigrants (and the eligible spouses and children of such immigrants) pooling their investments with 1 or more qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security on the basis of a proposal for the promotion of economic growth, including prospective job creation and increased domestic capital investment. (ii) Processing In processing petitions under section 204(a)(1)(H) for classification under this paragraph, the Secretary of Homeland Security— (I) may process petitions in a manner and order established by the Secretary; and (II) shall deem such petitions to include records previously filed with the Secretary pursuant to subparagraph (F) if the alien petitioner certifies that such records are incorporated by reference into the alien’s petition. (iii) Establishment of a regional center A regional center shall operate within a defined, contiguous, and limited geographic area, which shall be described in the proposal and be consistent with the purpose of concentrating pooled investment within such area. The proposal to establish a regional center shall demonstrate that the pooled investment will have a substantive economic impact on such geographic area, and shall include— (I) reasonable predictions, supported by economically and statistically valid and transparent forecasting tools, concerning the amount of investment that will be pooled, the kinds of commercial enterprises that will receive such investments, details of the jobs that will be created directly or indirectly as a result of such investments, and other positive economic effects such investments will have; (II) a description of the policies and procedures in place reasonably designed to monitor new commercial enterprises and any associated job-creating entity to seek to ensure compliance with— (aa) all applicable laws, regulations, and Executive orders of the United States, including immigration laws, criminal laws, and securities laws; and (bb) all securities laws of each State in which securities offerings will be conducted, investment advice will be rendered, or the offerors or offerees reside; (III) attestations and information confirming that all persons involved with the regional center meet the requirements under clauses (i) and (ii) of subparagraph (H); (IV) a description of the policies and procedures in place that are reasonably designed to ensure program compliance; and (V) the identities of all natural persons involved in the regional center, as described in subparagraph (H)(v). (iv) Indirect job creation (I) In general The Secretary of Homeland Security shall permit aliens seeking admission under this subparagraph to satisfy only up to 90 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph. An employee of the new commercial enterprise or job-creating entity may be considered to hold a job that has been directly created. (II) Construction activity lasting less than 2 years If the jobs estimated to be created are created by construction activity lasting less than 2 years, the Secretary shall permit aliens seeking admission under this subparagraph to satisfy only up to 75 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph. (v) Compliance (I) In general In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens seeking admission under this subparagraph to rely on economically and statistically valid methodologies for determining the number of jobs created by the program, including— (aa) jobs estimated to have been created directly, which may be verified using such methodologies; and (bb) consistent with this subparagraph, jobs estimated to have been directly or indirectly created through capital expenditures, revenues generated from increased exports, improved regional productivity, job creation, and increased domestic capital investment resulting from the program. (II) Job and investment requirements (aa) Relocated jobs In determining compliance with the job creation requirement under subparagraph (A)(ii), the Secretary of Homeland Security may include jobs estimated to be created under a methodology that attributes jobs to prospective tenants occupying commercial real estate created or improved by capital investments if the number of such jobs estimated to be created has been determined by an economically and statistically valid methodology and such jobs are not existing jobs that have been relocated. (bb) Publicly available bonds The Secretary of Homeland Security shall prescribe regulations to ensure that alien investor capital may not be utilized, by a new commercial enterprise or otherwise, to purchase municipal bonds or any other bonds, if such bonds are available to the general public, either as part of a primary offering or from a secondary market. (cc) Construction activity jobs If the number of direct jobs estimated to be created has been determined by an economically and statistically valid methodology, and such direct jobs are created by construction activity lasting less than 2 years, the number of such jobs that may be considered direct jobs for purposes of clause (iv) shall be calculated by multiplying the total number of such jobs estimated to be created by the fraction of the 2-year period that the construction activity lasts. (vi) Amendments The Secretary of Homeland Security shall— (I) require a regional center— (aa) to notify the Secretary, not later than 120 days before the implementation of significant proposed changes to its organizational structure, ownership, or administration, including the sale of such center, or other arrangements which would result in individuals not previously subject to the requirements under subparagraph (H) becoming involved with the regional center; or (bb) if exigent circumstances are present, to provide the notice described in item (aa) to the Secretary not later than 5 business days after a change described in such item; and (II) adjudicate business plans under subparagraph (F) and petitions under section 204(a)(1)(H) during any notice period as long as the amendment to the business or petition does not negatively impact program eligibility. (vii) Record keeping and audits (I) Record keeping Each regional center shall make and preserve, during the 5-year period beginning on the last day of the Federal fiscal year in which any transactions occurred, books, ledgers, records, and other documentation from the regional center, new commercial enterprise, or job-creating entity used to support— (aa) any claims, evidence, or certifications contained in the regional center’s annual statements under subparagraph (G); and (bb) associated petitions by aliens seeking classification under this section or removal of conditions under section 216A. (II) Audits The Secretary shall audit each regional center not less frequently than once every 5 years. Each such audit shall include a review of any documentation required to be maintained under subclause (I) for the preceding 5 years and a review of the flow of alien investor capital into any capital investment project. To the extent multiple regional centers are located at a single site, the Secretary may audit multiple regional centers in a single site visit. (III) Termination The Secretary shall terminate the designation of a regional center that fails to consent to an audit under subclause (II) or deliberately attempts to impede such an audit. (F) Business plans for regional center investments (i) Application for approval of an investment in a commercial enterprise A regional center shall file an application with the Secretary of Homeland Security for each particular investment offering through an associated new commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in that offering. The application shall include— (I) a comprehensive business plan for a specific capital investment project; (II) a credible economic analysis regarding estimated job creation that is based upon economically and statistically valid and transparent methodologies; (III) any documents filed with the Securities and Exchange Commission under the Securities Act of 1933 ( 15 U.S.C. 77a (IV) any investment and offering documents, including subscription, investment, partnership, and operating agreements, private placement memoranda, term sheets, biographies of management, officers, directors, and any person with similar responsibilities, the description of the business plan to be provided to potential alien investors, and marketing materials used, or drafts prepared for use, in connection with the offering, which shall contain references, as appropriate, to— (aa) all material investment risks associated with the new commercial enterprise and the job-creating entity; (bb) any conflicts of interest that currently exist or may arise among the regional center, the new commercial enterprise, the job-creating entity, or the principals, attorneys, or individuals responsible for recruitment or promotion of such entities; (cc) any pending material litigation or bankruptcy, or material adverse judgments or bankruptcy orders issued during the most recent 10-year period, in the United States or in another country, affecting the regional center, the new commercial enterprise, any associated job-creating entity, or any other enterprise in which any principal of any of the aforementioned entities held majority ownership at the time; and (dd) (AA) any fees, ongoing interest, or other compensation paid, or to be paid by the regional center, the new commercial enterprise, or any issuer of securities intended to be offered to alien investors, to agents, finders, or broker dealers involved in the offering of securities to alien investors in connection with the investment; (BB) a description of the services performed, or that will be performed, by such person to entitle the person to such fees, interest, or compensation; and (CC) the name and contact information of any such person, if known at the time of filing; (V) a description of the policies and procedures, such as those related to internal and external due diligence, reasonably designed to cause the regional center and any issuer of securities intended to be offered to alien investors in connection with the relevant capital investment project, to comply, as applicable, with the securities laws of the United States and the laws of the applicable States in connection with the offer, purchase, or sale of its securities; and (VI) a certification from the regional center, and any issuer of securities intended to be offered to alien investors in connection with the relevant capital investment project, that their respective agents and employees, and any parties associated with the regional center and such issuer of securities affiliated with the regional center are in compliance with the securities laws of the United States and the laws of the applicable States in connection with the offer, purchase, or sale of its securities, to the best of the certifier’s knowledge, after a due diligence investigation. (ii) Effect of approval of a business plan for an investment in a regional center’s commercial enterprise The approval of an application under this subparagraph, including an approval before the date of the enactment of this subparagraph, shall be binding for purposes of the adjudication of subsequent petitions seeking classification under this paragraph by immigrants investing in the same offering described in such application, and of petitions by the same immigrants filed under section 216A unless— (I) the applicant engaged in fraud, misrepresentation, or criminal misuse; (II) such approval would threaten public safety or national security; (III) there has been a material change that affects eligibility; (IV) the discovery of other evidence affecting program eligibility was not disclosed by the applicant during the adjudication process; or (V) the previous adjudication involved a material mistake of law or fact. (iii) Amendments (I) Approval The Secretary of Homeland Security may establish procedures by which a regional center may seek approval of an amendment to an approved application under this subparagraph that reflects changes specified by the Secretary to any information, documents, or other aspects of the investment offering described in such approved application not later than 30 days after any such changes. (II) Incorporation Upon the approval of a timely filed amendment to an approved application, any changes reflected in such amendment may be incorporated into and considered in determining program eligibility through adjudication of— (aa) pending petitions from immigrants investing in the offering described in the approved application who are seeking classification under this paragraph; and (bb) petitions by immigrants described in item (aa) that are filed under section 216A. (iv) Site visits The Secretary of Homeland Security shall— (I) perform site visits to regional centers not earlier than 24 hours after providing notice of such site visit; and (II) perform at least 1 site visit to, as applicable, each new commercial enterprise or job-creating entity, or the business locations where any jobs that are claimed as being created. (G) Regional center annual statements (i) In general Each regional center designated under subparagraph (E) shall submit an annual statement, in a manner prescribed by the Secretary of Homeland Security. Each such statement shall include— (I) a certification stating that, to the best of the certifier’s knowledge, after a due diligence investigation, the regional center is in compliance with clauses (i) and (ii) of subparagraph (H); (II) a certification described in subparagraph (I)(ii)(II); (III) a certification stating that, to the best of the certifier’s knowledge, after a due diligence investigation, the regional center is in compliance with subparagraph (K)(iii); (IV) a description of any pending material litigation or bankruptcy proceedings, or material litigation or bankruptcy proceedings resolved during the preceding fiscal year, involving the regional center, the new commercial enterprise, or any affiliated job-creating entity; (V) an accounting of all individual alien investor capital invested in the regional center, new commercial enterprise, and job-creating entity; (VI) for each new commercial enterprise associated with the regional center— (aa) an accounting of the aggregate capital invested in the new commercial enterprise and any job-creating entity by alien investors under this paragraph for each capital investment project being undertaken by the new commercial enterprise; (bb) a description of how the capital described in item (aa) is being used to execute each capital investment project in the filed business plan or plans; (cc) evidence that 100 percent of the capital described in item (aa) has been committed to each capital investment project; (dd) detailed evidence of the progress made toward the completion of each capital investment project; (ee) an accounting of the aggregate direct jobs created or preserved; (ff) to the best of the regional center’s knowledge, for all fees, including administrative fees, loan monitoring fees, loan management fees, commissions and similar transaction-based compensation, collected from alien investors by the regional center, the new commercial enterprise, any affiliated job-creating entity, any affiliated issuer of securities intended to be offered to alien investors, or any promoter, finder, broker-dealer, or other entity engaged by any of the aforementioned entities to locate individual investors— (AA) a description of all fees collected; (BB) an accounting of the entities that received such fees; and (CC) the purpose for which such fees were collected; (gg) any documentation referred to in subparagraph (F)(i)(IV) if there has been a material change during the preceding fiscal year; and (hh) a certification by the regional center that the information provided under items (aa) through (gg) is accurate, to the best of the certifier’s knowledge, after a due diligence investigation; and (VII) a description of the regional center’s policies and procedures that are designed to enable the regional center to comply with applicable Federal labor laws. (ii) Amendment of annual statements The Secretary of Homeland Security— (I) shall require the regional center to amend or supplement an annual statement required under clause (i) if the Secretary determines that such statement is deficient; and (II) may require the regional center to amend or supplement such annual statement if the Director determines that such an amendment or supplement is appropriate. (iii) Sanctions (I) Effect of violation The Director shall sanction any regional center entity in accordance with subclause (II) if the regional center fails to submit an annual statement or if the Director determines that the regional center— (aa) knowingly submitted or caused to be submitted a statement, certification, or any information submitted pursuant to this subparagraph that contained an untrue statement of material fact; or (bb) is conducting itself in a manner inconsistent with its designation under subparagraph (E), including any willful, undisclosed, and material deviation by new commercial enterprises from any filed business plan for such new commercial enterprises. (II) Authorized sanctions The Director shall establish a graduated set of sanctions based on the severity of the violations referred to in subclause (I), including— (aa) fines equal to not more than 10 percent of the total capital invested by alien investors in the regional center’s new commercial enterprises or job-creating entities directly involved in such violations, the payment of which shall not in any circumstance utilize any of such alien investors’ capital investments, and which shall be deposited into the EB–5 Integrity Fund established under subparagraph (J); (bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director; (cc) permanent bar from participation in the program described in subparagraph (E) for 1 or more individuals or business entities associated with the regional center, new commercial enterprise, or job-creating entity; and (dd) termination of regional center designation. (iv) Availability of annual statements to investors Not later than 30 days after a request from an alien investor, a regional center shall make available to such alien investor a copy of the filed annual statement and any amendments filed to such statement, which shall be redacted to exclude any information unrelated to such alien investor or the new commercial enterprise or job creating entity into which the alien investor invested. (H) Bona fides of persons involved with regional center program (i) In general The Secretary of Homeland Security may not permit any person to be involved with any regional center, new commercial enterprise, or job-creating entity if— (I) the person has been found to have committed— (aa) a criminal or civil offense involving fraud or deceit within the previous 10 years; (bb) a civil offense involving fraud or deceit that resulted in a liability in excess of $1,000,000; or (cc) a crime for which the person was convicted and sentenced to a term of imprisonment of more than 1 year; (II) the person is subject to a final order, for the duration of any penalty imposed by such order, of a State securities commission (or an agency or officer of a State performing similar functions), a State authority that supervises or examines banks, savings associations, or credit unions, a State insurance commission (or an agency or officer of a State performing similar functions), an appropriate Federal banking agency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, a financial self-regulatory organization recognized by the Securities and Exchange Commission, or the National Credit Union Administration, which is based on a violation of any law or regulation that— (aa) prohibits fraudulent, manipulative, or deceptive conduct; or (bb) bars the person from— (AA) association with an entity regulated by such commission, authority, agency, or officer; (BB) appearing before such commission, authority, agency, or officer; (CC) engaging in the business of securities, insurance, or banking; or (DD) engaging in savings association or credit union activities; (III) the Secretary determines that the person is engaged in, has ever been engaged in, or seeks to engage in— (aa) any illicit trafficking in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act); (bb) any activity relating to espionage, sabotage, or theft of intellectual property; (cc) any activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code); (dd) any terrorist activity (as defined in section 212(a)(3)(B)); (ee) any activity constituting or facilitating human trafficking or a human rights offense; (ff) any activity described in section 212(a)(3)(E); or (gg) the violation of any statute, regulation, or Executive order regarding foreign financial transactions or foreign asset control; or (IV) the person— (aa) is, or during the preceding 10 years has been, included on the Department of Justice’s List of Currently Disciplined Practitioners; or (bb) during the preceding 10 years, has received a reprimand or has otherwise been publicly disciplined for conduct related to fraud or deceit by a State bar association of which the person is or was a member. (ii) Foreign involvement in regional center program (I) Lawful status required A person may not be involved with a regional center unless the person— (aa) is a national of the United States or an individual who has been lawfully admitted for permanent residence (as such terms are defined in paragraphs (20) and (22) of section 101(a)); and (bb) is not the subject of rescission or removal proceedings. (II) Foreign governments No agency, official, or other similar entity or representative of a foreign government entity may provide capital to, or be directly or indirectly involved with the ownership or administration of, a regional center, a new commercial enterprise, or a job-creating entity, except that a foreign or domestic investment fund or other investment vehicle that is wholly or partially owned, directly or indirectly, by a bona fide foreign sovereign wealth fund or a foreign state-owned enterprise otherwise permitted to do business in the United States may be involved with the ownership, but not the administration, of a job-creating entity that is not an affiliated job-creating entity. (III) Rulemaking Not later than 270 days after the date of the enactment of the EB–5 Reform and Integrity Act of 2021 (iii) Information required The Secretary of Homeland Security— (I) shall require such attestations and information, including the submission of fingerprints or other biometrics to the Federal Bureau of Investigation with respect to a regional center, a new commercial enterprise, and any affiliated job creating entity, and persons involved with such entities (as described in clause (v)), as may be necessary to determine whether such entities are in compliance with clauses (i) and (ii); (II) shall perform such criminal record checks and other background and database checks with respect to a regional center, a new commercial enterprise, and any affiliated job-creating entity, and persons involved with such entities (as described in clause (v)), as may be necessary to determine whether such entities are in compliance with clauses (i) and (ii); and (III) may, at the Secretary’s discretion, require the information described to in subclause (I) and may perform the checks described in subclause (II) with respect to any job creating entity and persons involved with such entity if there is a reasonable basis to believe such entity or person is not in compliance with clauses (i) and (ii). (iv) Termination (I) In general The Secretary of Homeland Security may suspend or terminate the designation of any regional center, or the participation under the program of any new commercial enterprise or job-creating entity under this paragraph if the Secretary determines that such entity— (aa) knowingly involved a person with such entity in violation of clause (i) or (ii) by failing, within 14 days of acquiring such knowledge— (AA) to take commercially reasonable efforts to discontinue the prohibited person’s involvement; or (BB) to provide notice to the Secretary; (bb) failed to provide an attestation or information requested by the Secretary under clause (iii)(I); or (cc) knowingly provided any false attestation or information under clause (iii)(I). (II) Limitation The Secretary’s authorized sanctions under subclause (I) shall be limited to entities that have engaged in any activity described in subclause (I). (III) Information (aa) Notification The Secretary, after performing the criminal record checks and other background checks described in clause (iii), shall notify a regional center, new commercial enterprise, or job-creating entity whether any person involved with such entities is not in compliance with clause (i) or (ii), unless the information that provides the basis for the determination is classified or disclosure is otherwise prohibited under law. (bb) Effect of failure to respond If the regional center, new commercial enterprise, or job-creating entity fails to discontinue the prohibited person’s involvement with the regional center, new commercial enterprise, or job-creating entity, as applicable, within 30 days after receiving such notification, such entity shall be deemed to have knowledge under subclause (I)(aa) that the involvement of such person with the entity is in violation of clause (i) or (ii). (v) Persons involved with a regional center, new commercial enterprise, or job-creating entity For the purposes of this paragraph, unless otherwise determined by the Secretary of Homeland Security, a person is involved with a regional center, a new commercial enterprise, any affiliated job-creating entity, as applicable, if the person is, directly or indirectly, in a position of substantive authority to make operational or managerial decisions over pooling, securitization, investment, release, acceptance, or control or use of any funding that was procured under the program described in subparagraph (E). An individual may be in a position of substantive authority if the person serves as a principal, a representative, an administrator, an owner, an officer, a board member, a manager, an executive, a general partner, a fiduciary, an agent, or in a similar position at the regional center, new commercial enterprise, or job-creating entity, respectively. (I) Compliance with securities laws (i) Jurisdiction (I) In general The United States has jurisdiction, including subject matter jurisdiction, over the purchase or sale of any security offered or sold, or any investment advice provided, by any regional center or any party associated with a regional center for purposes of the securities laws. (II) Compliance with regulation S For purposes of section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e (III) Savings provision Subclause (I) is not intended to modify any existing rules or regulations of the Securities and Exchange Commission related to the application of section 15(a) of the Securities and Exchange Act of 1934 ( 15 U.S.C. 78o(a) (ii) Regional center certifications required (I) Initial certification The Secretary of Homeland Security may not approve an application for regional center designation or regional center amendment unless the regional center certifies that, to the best of the certifier’s knowledge, after a due diligence investigation, the regional center is in compliance with and has policies and procedures, including those related to internal and external due diligence, reasonably designed to confirm, as applicable, that all parties associated with the regional center are and will remain in compliance with the securities laws of the United States and of any State in which— (aa) the offer, purchase, or sale of securities was conducted; (bb) the issuer of securities was located; or (cc) the investment advice was provided by the regional center or parties associated with the regional center. (II) Reissue A regional center shall annually reissue a certification described in subclause (I), in accordance with subparagraph (G), to certify compliance with clause (iii) by stating that— (aa) the certification is made by a certifier; (bb) to the best of the certifier’s knowledge, after a due diligence investigation, all such offers, purchases, and sales of securities or the provision of investment advice complied with the securities laws of the United States and the securities laws of any State in which— (AA) the offer, purchase, or sale of securities was conducted; (BB) the issuer of securities was located; or (CC) the investment advice was provided; and (cc) records, data, and information related to such offers, purchases, and sales have been maintained. (III) Effect of noncompliance If a regional center, through its due diligence, discovered during the previous fiscal year that the regional center or any party associated with the regional center was not in compliance with the securities laws of the United States or the securities laws of any State in which the securities activities were conducted by any party associated with the regional center, the certifier shall— (aa) describe the activities that led to noncompliance; (bb) describe the actions taken to remedy the noncompliance; and (cc) certify that the regional center and all parties associated with the regional center are currently in compliance, to the best of the certifier’s knowledge, after a due diligence investigation. (iii) Oversight required Each regional center shall— (I) use commercially reasonable efforts to monitor and supervise compliance with the securities laws in relations to all offers, purchases, and sales of, and investment advice relating to, securities made by parties associated with the regional center; (II) maintain records, data, and information relating to all such offers, purchases, sales, and investment advice during the 5-year period beginning on the date of their creation; and (III) make the records, data, and information described in subclause (II) available to the Secretary or to the Securities and Exchange Commission upon request. (iv) Suspension or termination In addition to any other authority provided to the Secretary under this paragraph, the Secretary, in the Secretary’s discretion, may suspend or terminate the designation of any regional center or impose other sanctions against the regional center if the regional center, or any parties associated with the regional center that the regional center knew or reasonably should have known— (I) are permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the offer, purchase, or sale of a security or the provision of investment advice; (II) are subject to any final order of the Securities and Exchange Commission or a State securities regulator that— (aa) bars such person from association with an entity regulated by the Securities and Exchange Commission or a State securities regulator; or (bb) constitutes a final order based on a finding of an intentional violation or a violation related to fraud or deceit in connection with the offer, purchase, or sale of, or investment advice relating to, a security; or (III) submitted, or caused to be submitted, a certification described in clause (ii) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (v) Defined term In this subparagraph, the term parties associated with a regional center (I) the regional center; (II) any new commercial enterprise or affiliated job-creating entity or issuer of securities associated with the regional center; (III) the regional center’s and new commercial enterprise’s owners, officers, directors, managers, partners, agents, employees, promoters and attorneys, or similar position, as determined by the Secretary; and (IV) any person under the control of the regional center, new commercial enterprise, or issuer of securities associated with the regional center who is responsible for the marketing, offering, or sale of any security offered in connection with the capital investment project. (vi) Savings provision Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws or any State securities regulator under State securities laws. (J) EB–5 integrity fund (i) Establishment There is established in the United States Treasury a special fund, which shall be known as the EB–5 Integrity Fund Fund (ii) Fees (I) Annual fee On October 1, 2021, and each October 1 thereafter, the Secretary of Homeland Security shall collect for the Fund an annual fee— (aa) except as provided in item (bb), of $20,000 from each regional center designated under subparagraph (E); and (bb) of $10,000 from each such regional center with 20 or fewer total investors in the preceding fiscal year in its new commercial enterprises. (II) Petition fee Beginning on October 1, 2021, the Secretary shall collect a fee of $1,000 for the Fund with each petition filed under section 204(a)(1)(H) for classification under subparagraph (E). The fee under this subclause is in addition to the fee that the Secretary is authorized to establish and collect for each petition to recover the costs of adjudication and naturalization services under section 286(m). (III) Increases The Secretary may increase the amounts under this clause by prescribing such regulations as may be necessary to ensure that amounts in the Fund are sufficient to carry out the purposes set forth in clause (iii). (iii) Permissible uses of fund The Secretary shall— (I) use not less than 1/3 (aa) monitoring and investigating program-related events and promotional activities; and (bb) ensuring an alien investor’s compliance with subparagraph (L); and (II) use amounts deposited into the Fund— (aa) to detect and investigate fraud or other crimes; (bb) to determine whether regional centers, new commercial enterprises, job-creating entities, and alien investors (and their alien spouses and alien children) comply with the immigration laws; (cc) to conduct audits and site visits; and (dd) as the Secretary determines to be necessary, including monitoring compliance with the requirements under section 7 of the EB–5 Reform and Integrity Act of 2021 (iv) Failure to pay fee The Secretary of Homeland Security shall— (I) impose a reasonable penalty, which shall be deposited into the Fund, if any regional center does not pay the fee required under clause (ii) within 30 days after the date on which such fee is due; and (II) terminate the designation of any regional center that does not pay the fee required under clause (ii) within 90 days after the date on which such fee is due. (v) Report The Secretary shall submit an annual report to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (K) Direct and third-party promoters (i) Rules and standards Direct and third-party promoters (including migration agents) of a regional center, any new commercial enterprise, an affiliated job-creating entity, or an issuer of securities intended to be offered to alien investors in connection with a particular capital investment project shall comply with the rules and standards prescribed by the Secretary of Homeland Security and any applicable Federal or State securities laws, to oversee promotion of any offering of securities related to the EB–5 Program, including— (I) registration with U.S. Citizenship and Immigration Services, which— (aa) includes identifying and contact information for such promoter and confirmation of the existence of the written agreement required under clause (iii); and (bb) may be made publicly available at the discretion of the Secretary; (II) certification by each promoter that such promoter is not ineligible under subparagraph (H)(i); (III) guidelines for accurately representing the visa process to foreign investors; and (IV) guidelines describing permissible fee arrangements under applicable securities and immigration laws. (ii) Effect of violation If the Secretary determines that a direct or third-party promoter has violated clause (i), the Secretary shall suspend or permanently bar such individual from participation in the program described in subparagraph (E). (iii) Compliance Each regional center, new commercial enterprise, and affiliated job-creating entity shall maintain a written agreement between or among such entities and each direct or third-party promoter operating on behalf of such entities that outlines the rules and standards prescribed under clause (i). (iv) Disclosure Each petition filed under section 204(a)(1)(H) shall include a disclosure, signed by the investor, that reflects all fees, ongoing interest, and other compensation paid to any person that the regional center or new commercial enterprise knows has received, or will receive, in connection with the investment, including compensation to agents, finders, or broker dealers involved in the offering, to the extent not already specifically identified in the business plan filed under subparagraph (F). (L) Source of funds (i) In general An alien investor shall demonstrate that the capital required under subparagraph (A) and any funds used to pay administrative costs and fees associated with the alien’s investment were obtained from a lawful source and through lawful means. (ii) Required information The Secretary of Homeland Security shall require that an alien investor’s petition under this paragraph contain, as applicable— (I) business and tax records, or similar records, including— (aa) foreign business registration records; (bb) corporate or partnership tax returns (or tax returns of any other entity in any form filed in any country or subdivision of such country), and personal tax returns, including income, franchise, property (whether real, personal, or intangible), or any other tax returns of any kind, filed during the past 7 years (or another period to be determined by the Secretary to ensure that the investment is obtained from a lawful source of funds) with any taxing jurisdiction within or outside the United States by or on behalf of the alien investor; and (cc) any other evidence identifying any other source of capital or administrative fees; (II) evidence related to monetary judgments against the alien investor, including certified copies of any judgments, and evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions (pending or otherwise) involving possible monetary judgments against the alien investor from any court within or outside the United States; and (III) the identity of all persons who transfer into the United States, on behalf of the investor, any funds that are used to meet the capital requirement under subparagraph (A). (iii) Gift and loan restrictions (I) In general Gifted and borrowed funds may not be counted toward the minimum capital investment requirement under subparagraph (C) unless such funds— (aa) were gifted or loaned to the alien investor in good faith; and (bb) were not gifted or loaned to circumvent any limitations imposed on permissible sources of capital under this subparagraph, including but not limited to proceeds from illegal activity. (II) Records requirement If funds invested under subparagraph (A) are gifted or loaned to the alien investor, the Secretary shall require that the alien investor’s petition under this paragraph includes the records described in subclauses (I) and (II) of clause (ii) from the donor or, if other than a bank, the lender. (M) Treatment of good faith investors following program noncompliance (i) Termination or debarment of EB–5 entity Except as provided in clause (vi), upon the termination or debarment, as applicable, from the program under this paragraph of a regional center, a new commercial enterprise, or a job-creating entity— (I) an otherwise qualified petition under section 204(a)(1)(H) or the conditional permanent residence of an alien who has been admitted to the United States pursuant to section 216A(a)(1) based on an investment in a terminated regional center, new commercial enterprise, or job-creating entity shall remain valid or continue to be authorized, as applicable, consistent with this subparagraph; and (II) the Secretary of Homeland Security shall notify the alien beneficiaries of such petitions of such termination or debarment. (ii) New regional center or investment The petition under section 204(a)(1)(H) of an alien described in clause (i) and the conditional permanent resident status of an alien described in clause (i) shall be terminated 180 days after notification of the termination from the program under this paragraph of a regional center, a new commercial enterprise, or a job creating entity (but not sooner than 180 days after the date of the enactment of the EB–5 Reform and Integrity Act of 2021 (I) in the case of the termination of a regional center— (aa) the new commercial enterprise associates with an approved regional center, regardless of the approved geographical boundaries of such regional center’s designation; or (bb) such alien makes a qualifying investment in another new commercial enterprise; or (II) in the case of the debarment of a new commercial enterprise or job-creating entity, such alien— (aa) associates with a new commercial enterprise in good standing; and (bb) invests additional investment capital solely to the extent necessary to satisfy remaining job creation requirements under subparagraph (A)(ii). (iii) Amendments (I) Filing requirement The Secretary shall permit a petition described in clause (i)(I) to be amended to allow such petition to meet the applicable eligibility requirements under clause (ii), or to notify the Secretary that a pending or approved petition continues to meet the eligibility requirements described in clause (ii) notwithstanding termination or debarment described in clause (i) if such amendment is filed not later than 180 days after the Secretary provides notification of termination or debarment of a regional center, a new commercial enterprise, or a job-creating entity, as applicable. (II) Determination of eligibility For purposes of determining eligibility under subclause (I)— (aa) the Secretary shall permit amendments to the business plan, without such facts underlying the amendment being deemed a material change; and (bb) may deem any funds obtained or recovered by an alien investor, directly or indirectly, from claims against third parties, including insurance proceeds, or any additional investment capital provided by the alien, to be such alien’s investment capital for the purposes of subparagraph (A) if such investment otherwise complies with the requirements under this paragraph and section 216A. (iv) Removal of conditions Aliens described in subclauses (I)(bb) and (II) of clause (ii) shall be eligible to have their conditions removed pursuant to section 216A beginning on the date that is 2 years after the date of the subsequent investment. (v) Remedies For petitions approved under clause (ii), including following an amendment filed under clause (iii), the Secretary— (I) shall retain the immigrant visa priority date related to the original petition and prevent age-out of derivative beneficiaries; and (II) may hold such petition in abeyance and extend any applicable deadlines under this paragraph. (vi) Exception If the Secretary has reason to believe that an alien was a knowing participant in the conduct that led to the termination of a regional center, new commercial enterprise, or job-creating entity described in clause (i)— (I) the alien shall not be accorded any benefit under this subparagraph; and (II) the Secretary shall— (aa) notify the alien of such belief; and (bb) subject to section 216A(b)(2), shall deny or initiate proceedings to revoke the approval of such alien’s petition, application, or benefit (and that of any spouse or child, if applicable) described in this paragraph. (N) Threats to the national interest (i) Denial or revocation The Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph, including the documents described in clause (ii), if the Secretary determines, in the Secretary’s discretion, that the approval of such petition, application, or benefit is contrary to the national interest of the United States for reasons relating to threats to public safety or national security. (ii) Documents The documents described in this clause are— (I) a certification, designation, or amendment to the designation of a regional center; (II) a petition seeking classification of an alien as an alien investor under this paragraph; (III) a petition to remove conditions under section 216A; (IV) an application for approval of a business plan in a new commercial enterprise under subparagraph (F); or (V) a document evidencing conditional permanent resident status that was issued to an alien pursuant to section 216A. (iii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated for reasons relating to public safety or national security, any person associated with such regional center, new commercial enterprise, or job-creating entity, including an alien investor, shall be permanently barred from future participation in the program under this paragraph if the Secretary of Homeland Security, in the Secretary’s discretion, determines, by a preponderance of the evidence, that such person was a knowing participant in the conduct that led to the termination. (iv) Notice If the Secretary of Homeland Security determines that the approval of a petition, application, or benefit described in this paragraph should be denied or revoked pursuant to clause (i), the Secretary shall— (I) notify the relevant individual, regional center, or commercial entity of such determination; (II) deny or revoke such petition, application, or benefit or terminate the permanent resident status of the alien (and the alien spouse and alien children of such immigrant), as of the date of such determination; and (III) provide any United States-owned regional center, new commercial enterprise, or job creating entity an explanation for such determination unless the relevant information is classified or disclosure is otherwise prohibited under law. (v) Judicial review Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a denial or revocation under this subparagraph. Nothing in this clause may be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with section 242. (O) Fraud, misrepresentation, and criminal misuse (i) Denial or revocation Subject to subparagraph (M), the Secretary of Homeland Security shall deny or revoke the approval of a petition, application, or benefit described in this paragraph, including the documents described in subparagraph (N)(ii), if the Secretary determines, in the Secretary’s discretion, that such petition, application, or benefit was predicated on or involved fraud, deceit, intentional material misrepresentation, or criminal misuse. (ii) Debarment If a regional center, new commercial enterprise, or job-creating entity has its designation or participation in the program under this paragraph terminated for reasons relating to fraud, intentional material misrepresentation, or criminal misuse, any person associated with such regional center, new commercial enterprise, or job-creating entity, including an alien investor, shall be permanently barred from future participation in the program if the Secretary determines, in the Secretary’s discretion, by a preponderance of the evidence, that such person was a knowing participant in the conduct that led to the termination. (iii) Notice If the Secretary determines that the approval of a petition, application, or benefit described in this paragraph should be denied or revoked pursuant to clause (i), the Secretary shall— (I) notify the relevant individual, regional center, or commercial entity of such determination; and (II) deny or revoke such petition, application, or benefit or terminate the permanent resident status of the alien (and the alien spouse and alien children of such immigrant), in accordance with clause (i), as of the date of such determination. (P) Administrative appellate review (i) In general The Director of U.S. Citizenship and Immigration Services shall provide an opportunity for an administrative appellate review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services of any determination made under this paragraph, including— (I) an application for regional center designation or regional center amendment; (II) an application for approval of a business plan filed under subparagraph (F); (III) a petition by an alien investor for status as an immigrant under this paragraph; (IV) the termination or suspension of any benefit accorded under this paragraph; and (V) any sanction imposed by the Secretary under this paragraph. (ii) Judicial review Subject to subparagraph (N)(v) and section 242(a)(2), and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a determination under this paragraph until the regional center, its associated entities, or the alien investor has exhausted all administrative appeals. (Q) Fund administration (i) In general Each new commercial enterprise shall deposit and maintain the capital investment of each alien investor in a separate account, including amounts held in escrow. (ii) Use of funds Amounts in a separate account may only— (I) be transferred to another separate account or a job creating entity; (II) otherwise be deployed into the capital investment project for which the funds were intended; or (III) be transferred to the alien investor who contributed the funds as a refund of that investor’s capital investment, if otherwise permitted under this paragraph. (iii) Deployment of funds into an affiliated job-creating entity If amounts are transferred to an affiliated job-creating entity pursuant to clause (ii)(I)— (I) the affiliated job-creating entity shall maintain such amounts in a separate account until they are deployed into the capital investment project for which they were intended; and (II) not later than 30 days after such amounts are deployed pursuant to subclause (I), the affiliated job-creating entity shall provide written notice to the fund administrator retained pursuant to clause (iv) that a construction consultant or other individual authorized by the Secretary has verified that such amounts have been deployed into the project. (iv) Fund administrator Except as provided in clause (v), the new commercial enterprise shall retain a fund administrator to fulfill the requirements under this subparagraph. The fund administrator— (I) shall be independent of, and not directly related to, the new commercial enterprise, the regional center associated with the new commercial enterprise, the job creating entity, or any of the principals or managers of such entities; (II) shall be licensed, active, and in good standing as— (aa) a certified public accountant; (bb) an attorney; (cc) a broker-dealer or investment adviser registered with the Securities and Exchange Commission; or (dd) an individual or company that otherwise meets such requirements as may be established by the Secretary; (III) shall monitor and track any transfer of amounts from the separate account; (IV) shall serve as a cosignatory on all separate accounts; (V) before any transfer of amounts from a separate account, shall— (aa) verify that the transfer complies with all governing documents, including organizational, operational, and investment documents; and (bb) approve such transfer with a written or electronic signature; (VI) shall periodically provide each alien investor with information about the activity of the account in which the investor’s capital investment is held, including— (aa) the name and location of the bank or financial institution at which the account is maintained; (bb) the history of the account; and (cc) any additional information required by the Secretary; and (VII) shall make and preserve, during the 5-year period beginning on the last day of the Federal fiscal year in which any transactions occurred, books, ledgers, records, and other documentation necessary to comply with this clause, which shall be provided to the Secretary upon request. (v) Waiver (I) Waiver permitted The Secretary of Homeland Security, after consultation with the Securities and Exchange Commission, may waive the requirements under clause (iv) for any new commercial enterprise or affiliated job-creating entity that is controlled by or under common control of an investment adviser or broker-dealer that is registered with the Securities and Exchange Commission if the Secretary, in the Secretary’s discretion, determines that the Securities and Exchange Commission provides comparable protections and transparency for alien investors as the protections and transparency provided under clause (iv). (II) Waiver required The Secretary of Homeland Security shall waive the requirements under clause (iv) for any new commercial enterprise that commissions an annual independent financial audit of such new commercial enterprise or job creating entity conducted in accordance with Generally Accepted Auditing Standards, which audit shall be provided to the Secretary and all investors in the new commercial enterprise. (vi) Defined term In this subparagraph, the term separate account (I) is maintained in the United States by a new commercial enterprise or job creating entity at a federally regulated bank or at another financial institution (as defined in section 20 of title 18, United States Code) in the United States; (II) is insured; and (III) contains only the pooled investment funds of alien investors in a new commercial enterprise with respect to a single capital investment project. . (c) Effective date Unless otherwise provided in this section, the amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act. 3. Conditional permanent resident status for alien investors, spouses, and children (a) In general Section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b (1) by striking Attorney General Secretary of Homeland Security (2) by striking entrepreneur investor (3) in subsection (a), by amending paragraph (1) to read as follows: (1) Conditional basis for status An alien investor, alien spouse, and alien child shall be considered, at the time of obtaining status as an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. ; (4) in subsection (b)— (A) in the subsection heading, by striking entrepreneurship investment (B) by amending paragraph (1)(B) to read as follows: (B) the alien did not invest the requisite capital; or ; (5) in subsection (c)— (A) in the subsection heading, by striking of timely petition and interview (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking In order Except as provided in paragraph (3)(D), in order (ii) in subparagraph (A)— (I) by striking must shall (II) by striking , and (iii) in subparagraph (B)— (I) by striking must shall (II) by striking Service Department of Homeland Security (III) by striking the period at the end and inserting ; and (iv) by adding at the end the following: (C) the Secretary shall have performed a site visit to the relevant corporate office or business location described in section 203(b)(5)(F)(iv). ; and (C) in paragraph (3)— (i) in subparagraph (A), in the undesignated matter following clause (ii), by striking the such filing (ii) by amending subparagraph (B) to read as follows: (B) Removal or extension of conditional basis (i) In general Except as provided in clause (ii), if the Secretary determines that the facts and information contained in a petition submitted under paragraph (1)(A) are true, including demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall— (I) notify the alien involved of such determination; and (II) remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence. (ii) Exception If the petition demonstrates that the facts and information are true and that the alien is in compliance with subsection (d)(1)(B)(ii)— (I) the Secretary, in the Secretary’s discretion, may provide a 1-year extension of the alien’s conditional status; and (II) (aa) if the alien files a petition not later than 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or (bb) if the alien does not file the petition described in item (aa), the conditional status shall terminate at the end of such additional year. ; (6) in subsection (d)— (A) in paragraph (1)— (i) by amending subparagraph (A) to read as follows: (A) invested the requisite capital; ; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: (B) (i) created the employment required under section 203(b)(5)(A)(ii); or (ii) is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence, provided that such alien’s capital will remain invested during such time; and ; (B) in paragraph (2), by amending subparagraph (A) to read as follows: (A) Ninety-day period before second anniversary (i) In general Except as provided in clause (ii) and subparagraph (B), a petition under subsection (c)(1)(A) shall be filed during the 90-day period immediately preceding the second anniversary of the alien investor’s lawful admission for permanent residence. (ii) Exception Aliens described in subclauses (I)(bb) and (II) of section 203(b)(5)(M)(ii) shall file a petition under subsection (c)(1)(A) during the 90-day period before the second anniversary of the subsequent investment. ; and (C) in paragraph (3)— (i) by striking The interview (A) In general The interview ; (ii) by striking Service Department of Homeland Security (iii) by striking the last sentence and inserting the following: (B) Waiver The Secretary of Homeland Security, in the Secretary’s discretion, may waive the deadline for an interview under subsection (c)(1)(B) or the requirement for such an interview according to criteria developed by U.S. Citizenship and Immigration Services, in consultation with its Fraud Detection and National Security Directorate and U.S. Immigration and Customs Enforcement, provided that such criteria do not include a reduction of case processing times or the allocation of adjudicatory resources. A waiver may not be granted under this subparagraph if the alien to be interviewed— (i) invested in a regional center, new commercial enterprise, or job-creating entity that was sanctioned under section 203(b)(5); or (ii) is in a class of aliens determined by the Secretary to be threats to public safety or national security. ; and (7) in subsection (f)(3), by striking a limited partnership any entity formed for the purpose of doing for-profit business (b) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Exceptions (A) Site visits The amendment made by subsection (a)(5)(B)(iv) shall take effect on the date that is 2 years after the date of the enactment of this Act. (B) Petition beneficiaries The amendments made by subsection (a) shall not apply to the beneficiary of a petition that is filed under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b 8 U.S.C. 1153(b)(5) 4. EB–5 visa reforms (a) Definitions Section 203(b)(5)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(D) (D) Definitions In this paragraph: (i) Affiliated job-creating entity The term affiliated job-creating entity (ii) Capital The term capital (I) means cash and all real, personal, or mixed tangible assets owned and controlled by the alien investor, or held in trust for the benefit of the alien and to which the alien has unrestricted access; (II) shall be valued at fair market value in United States dollars, in accordance with Generally Accepted Accounting Principles or other standard accounting practice adopted by the Securities and Exchange Commission, at the time it is invested under this paragraph; (III) does not include— (aa) assets directly or indirectly acquired by unlawful means, including any cash proceeds of indebtedness secured by such assets; (bb) capital invested in exchange for a note, bond, convertible debt, obligation, or any other debt arrangement between the alien investor and the new commercial enterprise; (cc) capital invested with a guaranteed rate of return on the amount invested by the alien investor; or (dd) except as provided in subclause (IV), capital invested that is subject to any agreement between the alien investor and the new commercial enterprise that provides the investor with a contractual right to repayment, such as a mandatory redemption at a certain time or upon the occurrence of a certain event, or a put or sell-back option held by the alien investor, even if such contractual right is contingent on the success of the new commercial enterprise, such as having sufficient available cash flow; and (IV) includes capital invested that— (aa) is subject to a buy back option that may be exercised solely at the discretion of the new commercial enterprise; and (bb) results in the alien investor withdrawing his or her petition unless the alien investor has fulfilled his or her sustainment period and other requirements under this paragraph. (iii) Certifier The term certifier (iv) Job-creating entity The term job-creating entity (v) New commercial enterprise The term new commercial enterprise . (b) Age determination for children of alien investors Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) (5) Age determination for children of alien investors An alien who has reached 21 years of age and has been admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A or subsection (b)(5)(M), shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien reaches 21 years of age. . (c) Enhanced pay scale for certain Federal employees administering the employment creation program The Secretary of Homeland Security may establish, fix the compensation of, and appoint individuals to designated critical, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (d) Concurrent filing of EB–5 petitions and applications for adjustment of status Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (1) in subsection (k), in the matter preceding paragraph (1), by striking or (3) (3), or (5) (2) by adding at the end the following: (n) If the approval of a petition for classification under section 203(b)(5) would make a visa immediately available to the alien beneficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. . (e) Type of investment Section 203(b)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(A) (1) in clause (i), by striking (C), and (C) and which is expected to remain invested for not less than 2 years; and (2) in clause (ii)— (A) by striking and create by creating (B) by inserting , United States nationals, citizens (f) Required checks Section 203(b)(5) of the Immigration and Nationality Act, as amended by this section and section 2, is further amended by adding at the end the following: (R) Required checks Any petition filed by an alien under section 204(a)(1)(H) may not be approved under this paragraph unless the Secretary of Homeland Security has searched for the alien and any associated employer of such alien on the Specially Designated Nationals List of the Department of the Treasury Office of Foreign Assets Control. . (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 5. Procedure for granting immigrant status (a) Filing order and eligibility Section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) (H) (i) Any alien seeking classification under section 203(b)(5) may file a petition for such classification with the Secretary of Homeland Security. An alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in accordance with section 203(b)(5)(E), or before the date of the enactment of the EB–5 Reform and Integrity Act of 2021 (ii) A petitioner described in clause (i) shall establish eligibility at the time he or she files a petition for classification under section 203(b)(5). A petitioner who was eligible for such classification at the time of such filing shall be deemed eligible for such classification at the time such petition is adjudicated, subject to the approval of the petitioner’s associated application under section 203(b)(5)(F). . (b) Effective dates (1) In general The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Applicability to petitions Section 204(a)(1)(H)(i) of the Immigration and Nationality Act, as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(E) of such Act ( 8 U.S.C. 1153(b)(5)(E) (c) Adjudication of petitions The Secretary of Homeland Security shall continue to adjudicate petitions and benefits under sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) 6. Timely processing (a) Fee study Not later than 1 year after the date of the enactment of this Act, the Director of U.S. Citizenship and Immigration Services shall complete a study of fees charged in the administration of the program described in sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (b) Adjustment of fees To achieve efficient processing Notwithstanding section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) 8 U.S.C. 1153(b)(5) (1) 180 days after receiving a proposal for the establishment of a regional center described in section 203(b)(5)(E) of such Act; (2) 180 days after receiving an application for approval of an investment in a new commercial enterprise described in section 203(b)(5)(F) of such Act; (3) 90 days after receiving an application for approval of an investment in a new commercial enterprise described in section 203(b)(5)(F) of such Act that is located in a targeted employment area (as defined in section 203(b)(5)(B) of such Act); (4) 240 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act; (5) 120 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act with respect to an investment in a targeted employment area (as defined in section 203(b)(5)(B) of such Act); and (6) 240 days after receiving a petition from an alien for removal of conditions described in section 216A(c) of such Act. (c) Additional fees Fees in excess of the fee levels described in subsection (b) may be charged only— (1) in an amount that is equal to the amount paid by all other classes of fee-paying applicants for immigration-related benefits, to contribute to the coverage or reduction of the costs of processing or adjudicating classes of immigration benefit applications that Congress, or the Secretary of Homeland Security in the case of asylum applications, has authorized to be processed or adjudicated at no cost or at a reduced cost to the applicant; and (2) in an amount that is not greater than 1 percent of the fee for filing a petition under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (d) Exemption from Paperwork Reduction Act During the 1-year period beginning on the date of the enactment of this Act, the requirements under chapter 35 (e) Rule of construction regarding adjudication delays Nothing in this subtitle may be construed to limit the authority of the Secretary of Homeland Security to suspend the adjudication of any application or petition under section 203(b)(5) or 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (f) Rule of construction regarding modification of fees Nothing in this section may be construed to require any modification of fees before the completion of— (1) the fee study described in subsection (a); or (2) regulations promulgated by the Secretary of Homeland Security, in accordance with subchapter II of chapter 5 and chapter 7 Administrative Procedure Act 7. Transparency (a) In general Employees of the Department of Homeland Security, including the Secretary of Homeland Security, the Secretary’s counselors, the Assistant Secretary for the Private Sector, the Director of U.S. Citizenship and Immigration Services, counselors to such Director, and the Chief of the Immigrant Investor Programs Office (or any successor to such Office) at U.S. Citizenship and Immigration Services, shall act impartially and may not give preferential treatment to any entity, organization, or individual in connection with any aspect of the immigrant visa program described in section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (b) Improper activities Activities that constitute preferential treatment under subsection (a) shall include— (1) working on, or in any way attempting to influence, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under the immigrant visa program referred to in subsection (a), the standard processing of an application, petition, or benefit for— (A) a regional center; (B) a new commercial enterprise; (C) a job-creating entity; or (D) any person or entity associated with such regional center, new commercial enterprise, or job-creating entity; and (2) meeting or communicating with persons associated with the entities listed in paragraph (1), at the request of such persons, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under such immigrant visa program. (c) Reporting of communications (1) Written communication Employees of the Department of Homeland Security, including the officials listed in subsection (a), shall include, in the record of proceeding for a case under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (2) Oral communication If substantive oral communication, including telephonic communication, virtual communication, or in-person meetings, takes place between officials of the Department of Homeland Security and non-Department persons or entities advocating for regional center applications or individual petitions under section 203(b)(5) of such Act that are pending on or after the date of the enactment of this Act (except communications exempted under paragraph (1))— (A) the conversation shall be recorded; or (B) detailed minutes of the session shall be taken and included in the record of proceeding. (3) Notification (A) In general If the Secretary, in the course of written or oral communication described in this subsection, receives evidence about a specific case from anyone other than an affected party or his or her representative (excluding Federal Government or law enforcement sources), such information may not be made part of the record of proceeding and may not be considered in adjudicative proceedings unless— (i) the affected party has been given notice of such evidence; and (ii) if such evidence is derogatory, the affected party has been given an opportunity to respond to the evidence. (B) Information from law enforcement, intelligence agencies, or confidential sources (i) Law enforcement or intelligence agencies Evidence received from law enforcement or intelligence agencies may not be made part of the record of proceeding without the consent of the relevant agency or law enforcement entity. (ii) Whistleblowers, confidential sources, or intelligence agencies Evidence received from whistleblowers, other confidential sources, or the intelligence community that is included in the record of proceeding and considered in adjudicative proceedings shall be handled in a manner that does not reveal the identity of the whistleblower or confidential source, or reveal classified information. (d) Consideration of evidence (1) In general No case-specific communication with persons or entities that are not part of the Department of Homeland Security may be considered in the adjudication of an application or petition under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (2) Waiver The Secretary of Homeland Security may waive the requirement under paragraph (1) only in the interests of national security or for investigative or law enforcement purposes. (e) Channels of communication (1) Email address or equivalent The Director of U.S. Citizenship and Immigration Services shall maintain an email account (or equivalent means of communication) for persons or entities— (A) with inquiries regarding specific petitions or applications under the immigrant visa program described in section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (B) seeking information that is not case-specific about the immigrant visa program described in such section 203(b)(5). (2) Communication only through appropriate channels or offices (A) Announcement of appropriate channels of communication Not later than 40 days after the date of the enactment of this Act, the Director of U.S. Citizenship and Immigration Services shall announce that the only channels or offices by which industry stakeholders, petitioners, applicants, and seekers of benefits under the immigrant visa program described in section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (i) the email address or equivalent channel described in paragraph (1); (ii) the National Customer Service Center, or any successor to such Center; or (iii) the Office of Public Engagement, Immigrant Investor Program Office, including the Stakeholder Engagement Branch, or any successors to those Offices or that Branch. (B) Direction of incoming communications (i) In general Employees of the Department of Homeland Security shall direct communications described in subparagraph (A) to the channels of communication or offices listed in clauses (i) through (iii) of subparagraph (A). (ii) Rule of construction Nothing in this subparagraph may be construed to prevent— (I) any person from communicating with the Ombudsman of U.S. Citizenship and Immigration Services regarding the immigrant investor program under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (II) the Ombudsman from resolving problems regarding such immigrant investor program pursuant to the authority granted under section 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 (C) Log (i) In general The Director of U.S. Citizenship and Immigration Services shall maintain a written or electronic log of— (I) all communications described in subparagraph (A) and communications from Members of Congress, which shall reference the date, time, and subject of the communication, and the identity of the Department official, if any, to whom the inquiry was forwarded; (II) with respect to written communications described in subsection (c)(1), the date on which the communication was received, the identities of the sender and addressee, and the subject of the communication; and (III) with respect to oral communications described in subsection (c)(2), the date on which the communication occurred, the participants in the conversation or meeting, and the subject of the communication. (ii) Transparency The log of communications described in clause (i) shall be made publicly available in accordance with section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (3) Publication of information Not later than 30 days after a person or entity inquiring about a specific case or generally about the immigrant visa program described in section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) (f) Penalty (1) In general Any person who intentionally violates the prohibition on preferential treatment under this section or intentionally violates the reporting requirements under subsection (c) shall be disciplined in accordance with paragraph (2). (2) Sanctions Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a graduated set of sanctions based on the severity of the violation referred to in paragraph (1), which may include, in addition to any criminal or civil penalties that may be imposed, written reprimand, suspension, demotion, or removal. (g) Rule of construction regarding classified information Nothing in this section may be construed to modify any law, regulation, or policy regarding the handling or disclosure of classified information. (h) Rule of construction regarding private right of action Nothing in this section may be construed to create or authorize a private right of action to challenge a decision of an employee of the Department of Homeland Security. (i) Effective date This section, and the amendments made by this section, shall take effect on the date of the enactment of this Act. | EB–5 Reform and Integrity Act of 2021 |
Empowering Medicare Seniors to Negotiate Drug Prices Act of 2021 This bill allows the Centers for Medicare & Medicaid Services to negotiate drug prices under the Medicare prescription drug benefit and to institute a price structure for the reimbursement of drugs covered under the benefit. | 117 S833 IS: Empowering Medicare Seniors to Negotiate Drug Prices Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 833 IN THE SENATE OF THE UNITED STATES March 18, 2021 Ms. Klobuchar Ms. Baldwin Mr. Blumenthal Mr. Booker Mr. Brown Ms. Cantwell Mr. Cardin Mr. Coons Ms. Cortez Masto Ms. Duckworth Mr. Durbin Mrs. Gillibrand Ms. Hassan Mr. Heinrich Ms. Hirono Mr. Kaine Mr. Kelly Mr. King Mr. Leahy Mr. Manchin Mr. Merkley Mr. Murphy Mrs. Murray Mr. Peters Mr. Reed Mrs. Shaheen Ms. Smith Ms. Stabenow Mr. Van Hollen Mr. Warner Ms. Warren Mr. Whitehouse Mr. Wyden Committee on Finance A BILL To amend title XVIII of the Social Security Act to allow the Secretary of Health and Human Services to negotiate fair prescription drug prices under part D of the Medicare program. 1. Short title This Act may be cited as the Empowering Medicare Seniors to Negotiate Drug Prices Act of 2021 2. Authority to negotiate fair prices for Medicare prescription drugs (a) In general Section 1860D–11 of the Social Security Act 42 U.S.C. 1395w–111 (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. | Empowering Medicare Seniors to Negotiate Drug Prices Act of 2021 |
Resident Physician Shortage Reduction Act of 2021 This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for qualifying hospitals, including hospitals in rural areas and health professional shortage areas. Current law provides for an increase of up to 200 positions per fiscal year beginning in FY2023, with a total increase of 1,000 positions; each hospital may receive up to 25 additional positions. The bill provides for an additional increase of 2,000 positions per fiscal year from FY2023-FY2029; during this period, each hospital may receive up to 75 additional positions in total under the bill and current law. The bill also requires the Government Accountability Office to report on strategies to increase the diversity of the health professional workforce, including with respect to representation from rural, low-income, and minority communities. | 117 S834 IS: Resident Physician Shortage Reduction Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 834 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Menendez Mr. Boozman Mr. Schumer Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. 1. Short title This Act may be cited as the Resident Physician Shortage Reduction Act of 2021 2. Distribution of additional residency positions (a) In general Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (1) in paragraph (4)(F)(i), by striking and (9) (9), and (10) (2) in paragraph (4)(H)(i), by striking and (9) (9), and (10) (3) in paragraph (7)(E), by inserting paragraph (10), paragraph (9), (4) by adding at the end the following new paragraph: (10) Distribution of additional residency positions (A) Additional residency positions (i) In general For each of fiscal years 2023 through 2029 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under clause (iii)(II)), the Secretary shall increase the otherwise applicable resident limit for each qualifying hospital (as defined in subparagraph (G)) that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. Except as provided in clause (iii), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 2,000 in each of fiscal years 2023 through 2029. (ii) Process for distributing positions (I) Rounds of applications The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2023 through 2029. (II) Number available In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). (III) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. (iii) Positions not distributed during the fiscal year (I) In general If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (i), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. (II) Exception if positions not distributed by end of fiscal year 2029 If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. (B) Distribution to certain hospitals (i) Consideration in distribution In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 cost reporting periods beginning after the date the increase would be effective, as determined by the Secretary. (ii) Minimum distribution for certain categories of hospitals With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: (I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). (II) Hospitals in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit. (III) Hospitals in States with— (aa) new medical schools that received Candidate School Pre-Accreditation Full Accreditation Accreditation (bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with Full Accreditation Accreditation (IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. (C) Prohibition on distribution to hospitals without an increase agreement No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. (D) Limitation (i) In general Except as provided in clause (ii), a hospital may not receive more than 75 full-time equivalent additional residency positions in the aggregate under this paragraph and paragraph (9) over the period of fiscal years 2023 through 2029. (ii) Increase in number of additional positions a hospital may receive The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. (E) Application of per resident amounts for primary care and nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. (F) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (G) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit (ii) Qualifying hospital The term qualifying hospital (iii) Reference resident level The term reference resident level (iv) Resident level The term resident level . (b) IME (1) In general Section 1886(d)(5)(B)(v) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(v) and (h)(9) (h)(9), and (h)(10) (2) Conforming provision Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (xiii) For discharges occurring on or after July 1, 2023, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . 3. Study and report on strategies for increasing diversity (a) Study The Comptroller General of the United States (in this section referred to as the Comptroller General (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. | Resident Physician Shortage Reduction Act of 2021 |
Connecting Communities Post Disasters Act of 2021 This bill requires the Federal Communications Commission to exempt projects that replace or make improvements to communications facilities following a presidentially declared major disaster or emergency from certain environmental or historic preservation review requirements. Specifically, the bill exempts such projects from any requirement to prepare an environmental assessment or environmental impact statement. Such projects are also exempt from considerations about the effect they will have on any historic property. | 117 S835 IS: Connecting Communities Post Disasters Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 835 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mrs. Blackburn Committee on Environment and Public Works A BILL To provide that the Federal Communications Commission and communications service providers regulated by the Commission under the Communications Act of 1934 shall not be subject to certain provisions of the National Environmental Policy Act of 1969 and the National Historic Preservation Act with respect to the construction, rebuilding, or hardening of communications facilities following a major disaster or an emergency declared by the President, and for other purposes. 1. Short title This Act may be cited as the Connecting Communities Post Disasters Act of 2021 2. Application of NEPA and NHPA to covered communications projects (a) Definitions In this section: (1) Commission The term Commission (2) Communications facility The term communications facility (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications services; and (C) any antenna or apparatus that— (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (3) Communications service The term communications service (4) Covered project The term covered project (A) is to be carried out within an area for which the President has declared a major disaster or an emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (B) is to be carried out not later than 5 years after the date on which the President made the declaration; and (C) (i) replaces a communications facility damaged by the disaster or emergency; or (ii) makes improvements to a communications facility— (I) that could reasonably be considered as necessary for recovery from the disaster or emergency; or (II) to prevent or mitigate damage to the communications facility from a future disaster or emergency. (b) NEPA considerations The Commission shall treat a covered project as a class of action categorically excluded from any requirement to prepare an environmental assessment or environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (c) National historic preservation considerations Section 306108 of title 54, United States Code, shall not apply with respect to a covered project— (1) for which the Commission is required to issue a permit; or (2) that is otherwise subject to the jurisdiction of the Commission. | Connecting Communities Post Disasters Act of 2021 |
Litigation Funding Transparency Act of 2021 This bill requires lawyers for plaintiffs in certain lawsuits to provide the court and other parties in the lawsuit with any agreement that entitles an outside business (i.e., a business that is not a party, class member, or counsel in the lawsuit) to receive payment contingent on the lawsuit's outcome. The lawyers for the plaintiffs shall also provide the identity of the outside business. Specifically, these requirements shall apply to any class action or multi-district litigation (i.e. related civil cases pending in different districts that are consolidated for pretrial proceedings). | 117 S840 IS: Litigation Funding Transparency Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 840 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Grassley Mr. Cornyn Mr. Tillis Mr. Sasse Committee on the Judiciary A BILL To amend title 28, United States Code, to increase transparency and oversight of third-party litigation funding in certain actions, and for other purposes. 1. Short title This Act may be cited as the Litigation Funding Transparency Act of 2021 2. Transparency and oversight of third-party litigation funding in class actions (a) In general Chapter 114 1716. Third-party litigation funding disclosure (a) In general In any class action, class counsel shall— (1) disclose in writing to the court and all other named parties to the class action the identity of any commercial enterprise, other than a class member or class counsel of record, that has a right to receive payment that is contingent on the receipt of monetary relief in the class action by settlement, judgment, or otherwise; and (2) produce for inspection and copying, except as otherwise stipulated or ordered by the court, any agreement creating the contingent right. (b) Timing The disclosure required by subsection (a) shall be made not later than the later of— (1) 10 days after execution of any agreement described in subsection (a)(2); or (2) the time of service of the action. . (b) Technical and conforming amendment The table of sections for chapter 114 1716. Third-party litigation funding disclosure. . 3. Transparency and oversight of third-party litigation funding in multidistrict litigation Section 1407 of title 28, United States Code, is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: (g) (1) In any coordinated or consolidated pretrial proceedings conducted pursuant to this section, counsel for a party asserting a claim whose civil action is assigned to or directly filed in the proceedings shall— (A) disclose in writing to the court and all other parties the identity of any commercial enterprise, other than the named parties or counsel, that has a right to receive payment that is contingent on the receipt of monetary relief in the civil action by settlement, judgment, or otherwise; and (B) produce for inspection and copying, except as otherwise stipulated or ordered by the court, any agreement creating the contingent right. (2) The disclosure required by paragraph (1) shall be made not later than the later of— (A) 10 days after execution of any agreement described in paragraph (1)(B); or (B) the time the civil action becomes subject to this section. . 4. Applicability The amendments made by this Act shall apply to any case pending on or commenced after the date of the enactment of this Act. | Litigation Funding Transparency Act of 2021 |
Protect DREAMer Confidentiality Act of 2021 This bill directs the Department of Homeland Security (DHS) to prevent disclosing information from applications to the Deferred Action for Childhood Arrivals (DACA) program to U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), except to implement the program. Application information may be shared only to identify or prevent fraudulent claims, for particularized national security purposes relating to the applicant, or to investigate or prosecute a felony not related to immigration status. The bill also prohibits DHS from referring any individual with deferred action status to ICE, CBP, the Department of Justice, or any law enforcement agency. | 117 S846 IS: Protect DREAMer Confidentiality Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 846 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Heinrich Mr. Blumenthal Mr. Whitehouse Ms. Cortez Masto Mrs. Feinstein Mr. Markey Ms. Warren Mr. Sanders Mr. Merkley Ms. Rosen Mr. Reed Mr. Wyden Mr. Van Hollen Ms. Klobuchar Mr. Booker Mr. Schatz Mr. Cardin Mr. Luján Mr. Leahy Committee on the Judiciary A BILL To provide for the confidentiality of information submitted in requests for deferred action under the deferred action for childhood arrivals program, and for other purposes. 1. Short title This Act may be cited as the Protect DREAMer Confidentiality Act of 2021 2. Definitions In this Act: (1) DACA program The term DACA program Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (2) Individual application information The term individual application information (3) Secretary The term Secretary 3. Confidentiality of information submitted for DACA program (a) In general The Secretary shall protect individual application information from disclosure to U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection for any purpose other than the implementation of the DACA program. (b) Referrals prohibited The Secretary may not refer to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Department of Justice, or any other law enforcement agency any individual the case of whom has been deferred pursuant to the DACA program. (c) Limited exception Individual application information may be shared with national security and law enforcement agencies— (1) to identify or prevent fraudulent claims; (2) for particularized national security purposes relating to an individual application; and (3) for the investigation or prosecution of any felony not related to immigration status. | Protect DREAMer Confidentiality Act of 2021 |
Consider Teachers Act of 2021 This bill revises the service obligation verification process for the Teacher Education Assistance for College and Higher Education (TEACH) grant program. The TEACH program awards grants to postsecondary students who commit to teaching for four years in high-need subjects in low-income schools. In addition, the bill establishes certain program flexibilities with respect to the service obligations of teachers affected by the COVID-19 pandemic. Specifically, the bill provides a process for the Department of Education (ED) to reconsider and reverse the conversion of a TEACH grant to a loan. Under current program terms, TEACH grants are converted into loan obligations if service requirements are not met. In addition, the bill directs ED to notify TEACH grant recipients of the requirements for submitting employment certifications. ED must also provide an alternative to certification. ED must maintain and annually update a list of qualifying schools and high-need fields. The bill also provides certain program flexibilities with respect to the service obligations of teachers affected by the COVID-19 pandemic. In particular, the bill (1) extends the service obligation window for TEACH grants, and (2) requires ED to consider teaching service that is interrupted as a result of a qualifying emergency as full-time service for purposes of Federal Perkins Loans. | 116 S848 ENR: Consider Teachers Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. 848 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Higher Education Act of 1965 in order to improve the service obligation verification process for TEACH Grant recipients, and for other purposes. 1. Short title This Act may be cited as the Consider Teachers Act of 2021 2. TEACH Grants Section 420N of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2 (1) in subsection (b)(1)— (A) in subparagraph (A), by inserting (referred to in this section as the service obligation window under this subpart (B) in subparagraph (C)(vii), by inserting or geographic area field (C) by striking subparagraphs (D) and (E) and inserting the following: (D) submit a certification of employment by the chief administrative officer of the school in accordance with subsection (d)(5); and (E) meet all State certification requirements for teaching (which may include meeting such requirements through a certification obtained through alternative routes to teaching); ; (2) in subsection (c)— (A) by striking In the event (1) In general In the event ; and (B) by adding at the end the following: (2) Reconsideration of conversion decisions (A) Request to reconsider In any case where the Secretary has determined that a recipient of a grant under this subpart has failed or refused to comply with the service obligation in the agreement under subsection (b) and has converted the grant into a Federal Direct Unsubsidized Stafford Loan under part D in accordance with paragraph (1), (including a TEACH Grant converted to a loan prior to the date of enactment of the Consider Teachers Act of 2021 and including cases where such loans have been fully or partially paid), the recipient may request that the Secretary reconsider such initial determination and may submit additional information to demonstrate satisfaction of the service obligation. Upon receipt of such a request, the Secretary shall reconsider the determination in accordance with this paragraph not later than 90 days after the date that such request was received. (B) Reconsideration If, in reconsidering an initial determination under subparagraph (A) (including reconsideration related to a TEACH Grant that was converted to a loan prior to the date of enactment of the Consider Teachers Act of 2021 and including cases where such loans were fully or partially paid), the Secretary determines that the reason for such determination was the recipient's failure to timely submit a certification required under subsection (b)(1)(D) (as in effect on the day before the date of enactment of the Consider Teachers Act of 2021), an error or processing delay by the Secretary, a change to the fields considered eligible for fulfillment of the service obligation (as described in subsection (b)(1)(C)), a recipient having previously requested to have the TEACH Grant converted to a loan, or another valid reason determined by the Secretary, and that the recipient has, as of the date of the reconsideration, demonstrated that the recipient did meet, or is meeting the service obligation in the agreement under subsection (b), the Secretary shall— (i) discharge the Federal Direct Unsubsidized Stafford Loan under part D, and reinstate the recipient's grant under this subpart; (ii) discharge any interest or fees that may have accumulated during the period that the grant was converted to a Federal Direct Unsubsidized Stafford Loan under part D; (iii) if the recipient has other loans under part D, apply any payments made for the Federal Direct Unsubsidized Stafford Loan under part D during such period to those other loans under part D; (iv) if the recipient does not have other loans under part D, reimburse the recipient for any amounts paid on the Federal Direct Unsubsidized Stafford Loan under part D during such period; (v) request that consumer reporting agencies remove any negative credit reporting due to the conversion of the TEACH Grant to a loan; and (vi) use the additional information provided under subparagraph (A) to determine the progress the recipient has made in meeting the service obligation. (C) Extension of time to complete service obligation In the case of a recipient whose TEACH Grant was reinstated in accordance with subparagraph (B), the Secretary shall, upon such reinstatement— (i) extend the time remaining for the recipient to fulfill the service obligation described in subsection (b)(1) to a period of time equal to— (I) 8 years; minus (II) the number of full academic years of teaching that the recipient completed prior to the reconversion of the loan to a TEACH Grant under subparagraph (B), including any years of qualifying teaching completed during the period when the TEACH Grant was in loan status; and (ii) treat any full academic years of teaching described in clause (i)(II) as years that count toward the individual’s service obligation (regardless of whether the TEACH Grant funds were in grant or loan status) if that time otherwise meets the requirements of this section. ; and (3) in subsection (d), by adding at the end the following: (3) Communication with recipients The Secretary shall notify TEACH grant recipients not less than once per calendar year regarding how to submit the employment certification under subsection (b)(1)(D) and the recommendations and requirements for submitting that certification under subsection (d)(5). (4) Qualifying schools and high-need fields The Secretary shall maintain and annually update a list of qualifying schools as described in subsection (b)(1)(B), and a list of high-need fields as described in subsection (b)(1)(C) and shall make such lists publicly available on the Department’s website in a sortable and searchable format. . 3. Submission of employment certification Section 420N(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2(d) (5) Submission of employment certification (A) Recommended submissions The Secretary shall notify TEACH Grant recipients that the Department recommends that TEACH Grant recipients submit the employment certification described in subsection (b)(1)(D) as soon as practicable after the completion of each year of service. (B) Required submission A TEACH Grant recipient shall be required to submit to the Department employment certification within the timeframe that would allow that individual to complete their service obligation before the end of the service obligation window. (C) Notification The Secretary shall notify TEACH Grant recipients of the required submission deadlines described in this paragraph. (D) Adjustment of deadline The Secretary shall adjust the submission deadline described in subparagraph (B) to account for a service obligation window extension. (E) Alternative to certification The Secretary shall provide an alternative to the certification of employment described in subsection (b)(1)(D) for recipients who cannot obtain such required certification of employment from the chief administrative officer of the school because the recipient can demonstrate the school is no longer in existence or the school refuses to cooperate. . 4. Extension of time to fulfill service obligation due to COVID–19 (a) Section 3519(a) of the CARES Act ( Public Law 116–136 20 U.S.C. 1001 (1) in the matter preceding paragraph (1), by striking For the purpose of section 420N of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2 Notwithstanding any provision of subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq. (2) in paragraph (1), by striking and (3) in paragraph (2), by striking such section 420N. section 420N of such Act; and (4) by adding at the end the following: (3) shall extend the service obligation window (as described in section 420N(b)(1)(A) of such Act) for a period of not more than 3 years, in addition to any extensions provided in accordance with subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq. (A) the qualifying emergency period; or (B) a period of recession or economic downturn related to the qualifying emergency period, as determined by the Secretary in consultation with the Secretary of Labor. . (b) Section 3519 of the CARES Act ( Public Law 116–136 20 U.S.C. 1001 (c) Federal perkins loans Notwithstanding section 465 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ee . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the CARES Act ( Public Law 116–136 5. Implementation In carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of— (1) subchapter I of chapter 35 Paperwork Reduction Act (2) the master calendar requirements under section 482 of the Higher Education Act of 1965 ( 20 U.S.C. 1089 (3) negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a (4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974 Speaker of the House of Representatives Vice President of the United States and President of the Senate | Consider Teachers Act of 2021 |
Supply Chain Vulnerability Assessment Act of 2021 This bill requires the Office of the Director of National Intelligence and the Central Intelligence Agency to jointly report to Congress on vulnerabilities in supply chains that are critical to U.S. national security, economic security, or public health. The report shall also contain recommendations for addressing those vulnerabilities. | 117 S849 IS: Supply Chain Vulnerability Assessment Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 849 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Cornyn Mr. King Select Committee on Intelligence A BILL To require the Director of National Intelligence and the Director of the Central Intelligence Agency to conduct a study to identify supply chains critical to national security, and for other purposes. 1. Short title This Act may be cited as the Supply Chain Vulnerability Assessment Act of 2021 2. Study on supply chains critical to national security Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly— (1) complete a study— (A) to identify— (i) supply chains that are critical to the national security, economic security, or public health or safety of the United States; and (ii) important vulnerabilities in such supply chains; and (B) to develop recommendations for legislative or administrative action to secure the supply chains identified under subparagraph (A)(i); and (2) submit to the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 | Supply Chain Vulnerability Assessment Act of 2021 |
Social Determinants for Moms Act This bill directs various federal departments to address social determinants of maternal health. These are nonclinical factors, such as economic or social factors, that impact maternal health outcomes. First, the Department of Health and Human Services (HHS) must convene a task force to coordinate federal efforts on social determinants of maternal health. HHS must also award grants to support access to free child care during prenatal and postpartum appointments; and address social determinants of, and eliminate racial and ethnic disparities in, maternal health. Second, the Department of Housing and Urban Development must award grants to community-based organizations and government entities to assist pregnant and postpartum individuals with affordable housing. Grantees may use funds to, for example, provide individuals with direct financial assistance. Third, the Department of Transportation must report on transportation barriers that prevent pregnant and postpartum individuals from accessing health care and other services. Fourth, the bill extends to 24 months the postpartum eligibility period for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Currently, WIC eligibility lasts for six months postpartum or one year for those breastfeeding. The Department of Agriculture (USDA) must evaluate the impact of this extension. USDA must also establish a grant program to deliver healthy foods and supplies to pregnant and postpartum individuals in food deserts. Last, the Environmental Protection Agency must enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study the impact of environmental conditions and contaminants on maternal and infant health outcomes. | 117 S851 IS: Social Determinants for Moms Act U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 851 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To address social determinants of maternal health. 1. Short title This Act may be cited as the Social Determinants for Moms Act 2. Definitions In this Act: (1) Maternity care provider The term maternity care provider (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (2) Maternal mortality The term maternal mortality (3) Perinatal health worker The term perinatal health worker (4) Postpartum and postpartum period The terms postpartum postpartum period (5) Pregnancy-related death The term pregnancy-related death (6) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) (7) Severe maternal morbidity The term severe maternal morbidity (8) Social determinants of maternal health The term social determinants of maternal health (A) economic factors, which may include poverty, employment, food security, support for and access to lactation and other infant feeding options, housing stability, and related factors; (B) neighborhood factors, which may include quality of housing, access to transportation, access to child care, availability of healthy foods and nutrition counseling, availability of clean water, air and water quality, ambient temperatures, neighborhood crime and violence, access to broadband, and related factors; (C) social and community factors, which may include systemic racism, gender discrimination or discrimination based on other protected classes, workplace conditions, incarceration, and related factors; (D) household factors, which may include ability to conduct lead testing and abatement, car seat installation, indoor air temperatures, and related factors; (E) education access and quality factors, which may include educational attainment, language and literacy, and related factors; and (F) health care access factors, including health insurance coverage, access to culturally congruent health care services, providers, and non-clinical support, access to home visiting services, access to wellness and stress management programs, health literacy, access to telehealth and items required to receive telehealth services, and related factors. 3. Task force to develop a strategy to address social determinants of maternal health (a) In general The Secretary of Health and Human Services shall convene a task force (in this section referred to as the Task Force (b) Ex officio members The ex officio members of the Task Force shall consist of the following: (1) The Secretary of Health and Human Services (or a designee thereof). (2) The Secretary of Housing and Urban Development (or a designee thereof). (3) The Secretary of Transportation (or a designee thereof). (4) The Secretary of Agriculture (or a designee thereof). (5) The Secretary of Labor (or a designee thereof). (6) The Secretary of Defense (or a designee thereof). (7) The Secretary of Veterans Affairs (or a designee thereof). (8) The Administrator of the Environmental Protection Agency (or a designee thereof). (9) The Assistant Secretary for the Administration for Children and Families (or a designee thereof). (10) The Administrator of the Centers for Medicare & Medicaid Services (or a designee thereof). (11) The Director of the Indian Health Service (or a designee thereof). (12) The Director of the National Institutes of Health (or a designee thereof). (13) The Administrator of the Health Resources and Services Administration (or a designee thereof). (14) The Deputy Assistant Secretary for Minority Health of the Department of Health and Human Services (or a designee thereof). (15) The Deputy Assistant Secretary for Women’s Health of the Department of Health and Human Services (or a designee thereof). (16) The Director of the Centers for Disease Control and Prevention (or a designee thereof). (17) The Director of the Office on Violence Against Women at the Department of Justice (or a designee thereof). (c) Appointed members In addition to the ex officio members of the Task Force, the Secretary of Health and Human Services shall appoint the following members of the Task Force: (1) At least 2 representatives of patients, to include— (A) a representative of patients who have suffered from severe maternal morbidity; or (B) a representative of patients who is a family member of an individual who suffered a pregnancy-related death. (2) At least 2 leaders of community-based organizations that address maternal mortality and severe maternal morbidity with a specific focus on racial and ethnic disparities. In appointing such leaders under this paragraph, the Secretary of Health and Human Services shall give priority to individuals who are leaders of organizations led by individuals from racial and ethnic minority groups. (3) At least 2 perinatal health workers. (4) A professionally diverse panel of maternity care providers. (d) Chair The Secretary of Health and Human Services shall select the chair of the Task Force from among the members of the Task Force. (e) Report Not later than 2 years after the date of enactment of this Act, the Task Force shall submit to Congress a report on— (1) the strategy developed under subsection (a); (2) recommendations on funding amounts with respect to implementing such strategy; and (3) recommendations for how to expand coverage of social services to address social determinants of maternal health under Medicaid managed care organizations and State Medicaid programs. (f) Termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force with respect to termination. 4. Housing for Moms grant program (a) In general The Secretary of Housing and Urban Development shall establish a Housing for Moms grant program under this section to make grants to eligible entities to increase access to safe, stable, affordable, and adequate housing for pregnant and postpartum individuals and their families. (b) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may provide. (c) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity that— (1) is a community-based organization or will partner with a community-based organization to implement initiatives to increase access to safe, stable, affordable, and adequate housing for pregnant and postpartum individuals and their families; (2) is operating in an area with high rates of adverse maternal health outcomes or significant racial or ethnic disparities in maternal health outcomes, to the extent such data are available; and (3) is operating in an area with a high poverty rate or significant number of individuals who lack consistent access to safe, stable, affordable, and adequate housing. (d) Use of funds An eligible entity that receives a grant under this section shall use funds under the grant for the purposes of— (1) identifying and conducting outreach to pregnant and postpartum individuals who are low income and lack consistent access to safe, stable, affordable, and adequate housing; (2) providing safe, stable, affordable, and adequate housing options to such individuals; (3) connecting such individuals with local organizations offering safe, stable, affordable, and adequate housing options; (4) providing application assistance to such individuals seeking to enroll in programs offering safe, stable, affordable, and adequate housing options; (5) providing direct financial assistance to such individuals for the purposes of maintaining safe, stable, and adequate housing for the duration of the individual’s pregnancy and postpartum periods; and (6) working with relevant stakeholders to ensure that local housing and homeless shelter infrastructure is supportive to pregnant and postpartum individuals, including through— (A) health-promoting housing codes; (B) enforcement of housing codes; (C) proactive rental inspection programs; (D) code enforcement officer training; and (E) partnerships between regional offices of the Department of Housing and Urban Development and community-based organizations to ensure housing laws are understood and violations are discovered. (e) Reporting (1) Eligible entities The Secretary shall require each eligible entity receiving a grant under this section to annually submit to the Secretary and make publicly available a report on the status of activities conducted using the grant. (2) Secretary Not later than the end of each fiscal year in which grants are made under this section, the Secretary shall submit to Congress and make publicly available a report that— (A) summarizes the reports received under paragraph (1); (B) evaluates the effectiveness of grants awarded under this section in increasing access to safe, stable, affordable, and adequate housing for pregnant and postpartum individuals and their families; and (C) makes recommendations with respect to ensuring activities described in subsection (d) continue after grant amounts made available under this section are expended. (f) Definitions In this section: (1) Eligible entity The term eligible entity (A) a community-based organization; (B) a State or local governmental entity, including a State or local public health department; (C) an Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (D) an Urban Indian organization (as such term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (2) Secretary The term Secretary (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022, which shall remain available until expended. 5. Department of Transportation (a) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress and make publicly available a report that contains— (1) an assessment of transportation barriers preventing individuals from attending prenatal and postpartum appointments, accessing maternal health care services, or accessing services and resources related to social determinants of maternal health; (2) recommendations on how to overcome the barriers described in paragraph (1); (3) an assessment of transportation safety risks for pregnant individuals and recommendations on how to mitigate those risks; and (4) an assessment of the impact of disabilities, including service-related disabilities, on pregnant and postpartum women’s mobility and access to appropriate care. (b) Considerations In carrying out subsection (a), the Secretary of Transportation shall give special consideration to solutions for— (1) pregnant and postpartum individuals living in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e (2) pregnant and postpartum individuals living in areas with high maternal mortality or severe morbidity rates or significant racial or ethnic disparities in maternal health outcomes; and (3) pregnant and postpartum individuals with a disability that impacts mobility. 6. Department of Agriculture (a) Special supplemental nutrition program for women, infants, and children (1) Breastfeeding women (A) Definition of breastfeeding woman Section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) (1) Breastfeeding woman The term breastfeeding woman (A) a woman who is not more than 1 year postpartum and is breastfeeding the infant of the woman; and (B) for purposes of subsection (d), a woman who is not more than 2 years postpartum and is breastfeeding the infant of the woman. . (B) Extension of breastfeeding period Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) 1 year 2 years (2) Postpartum women (A) Definition of postpartum women Section 17(b)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b)(10) six months 2 years (B) Certification Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A) (iv) Postpartum women A State may elect to certify a postpartum woman for a period of up to 2 years after the termination of pregnancy of the postpartum woman. . (3) Report Not later than 2 years after the date of enactment of this section, the Secretary of Agriculture shall submit to Congress a report that includes an evaluation of the effect of each of the amendments made by this subsection on— (A) maternal and infant health outcomes, including racial and ethnic disparities with respect to those outcomes; (B) breastfeeding rates among postpartum individuals; (C) qualitative evaluations of family experiences under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (D) other relevant information as determined by the Secretary of Agriculture. (b) Grant program for healthy food and clean water for pregnant and postpartum individuals (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (i) a community-based organization; (ii) a State or local governmental entity, including a State or local public health department; (iii) an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (iv) an Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (B) Secretary The term Secretary (2) Establishment The Secretary shall establish a program to award grants, on a competitive basis, to eligible entities to carry out the activities described in paragraph (5). (3) Application To be eligible for a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines appropriate. (4) Priority In awarding grants under this subsection, the Secretary shall give priority to an eligible entity that— (A) is, or will partner with, a community-based organization; and (B) is operating in an area with high rates of— (i) adverse maternal health outcomes; or (ii) significant racial or ethnic disparities in maternal health outcomes. (5) Use of funds An eligible entity shall use grant funds awarded under this subsection to deliver healthy food, infant formula, clean water, or diapers to pregnant women (as defined in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) (6) Reports (A) Eligible entity Each eligible entity that receives a grant under this subsection shall, not later than 1 year after receiving the grant, and annually thereafter, submit to the Secretary a report on the status of activities conducted using the grant, which shall contain such information as the Secretary may require. (B) Secretary (i) In general Not later than 2 years after the date on which the first grant is awarded under this subsection, the Secretary shall submit to Congress a report that includes— (I) a summary of the reports submitted by eligible entities under subparagraph (A); (II) an assessment of the extent to which food distributed through the grant program under this subsection was purchased from local and regional food systems; (III) an evaluation of the effect of the grant program under this subsection on maternal and infant health outcomes, including racial and ethnic disparities and disparities impacting other underserved mothers, such as mothers living in rural areas, with respect to those outcomes; and (IV) recommendations with respect to ensuring the activities described in paragraph (5) continue after the grant funding for those activities expires. (ii) Publication The Secretary shall make the report submitted under clause (i) publicly available on the website of the Department of Agriculture. (7) Authorization of appropriations There is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection for the period of fiscal years 2022 through 2024. 7. Environmental study through National Academies (a) In general Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies (b) Study requirements The agreement under subsection (a) shall direct the National Academies to make recommendations for— (1) improving the environmental conditions described in that subsection to improve maternal and infant health outcomes; and (2) reducing or eliminating racial and ethnic disparities in those outcomes. (c) Report The agreement under subsection (a) shall require the National Academies— (1) to complete the study described in that subsection; and (2) not later than 1 year after the date of enactment of this Act, to transmit to Congress and make publicly available a report that— (A) describes the results of the study; and (B) includes the recommendations described in subsection (b). 8. Child care access (a) Grant program The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Eligible organizations (1) Eligibility To be eligible to receive a grant under this section, an organization shall be an organization that provides child care services and can carry out programs providing pregnant and postpartum individuals with free and accessible drop-in child care services during prenatal and postpartum appointments. (2) Prioritization In selecting grant recipients under this section, the Secretary shall give priority to eligible organizations that operate in an area with high rates of adverse maternal health outcomes or significant racial or ethnic disparities in maternal health outcomes, to the extent such data are available. (d) Timing The Secretary shall commence the grant program under subsection (a) not later than 1 year after the date of enactment of this Act. (e) Reporting (1) Grantees Each recipient of a grant under this section shall annually submit to the Secretary and make publicly available a report on the status of activities conducted using the grant. Each such report shall include— (A) an analysis of the effect of the funded program on prenatal and postpartum appointment attendance rates; (B) summaries of qualitative assessments of the funded program from— (i) pregnant and postpartum individuals participating in the program; and (ii) the families of such individuals; and (C) such additional information as the Secretary may require. (2) Secretary Not later than the end of fiscal year 2024, the Secretary shall submit to Congress and make publicly available a report containing the following: (A) A summary of the reports under paragraph (1). (B) An assessment of the effects, if any, of the funded programs on maternal health outcomes, with a specific focus on racial and ethnic disparities in such outcomes. (C) A description of actions the Secretary can take to ensure that pregnant and postpartum individuals eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1936 (f) Drop-In child care services defined In this section, the term drop-in child care services (1) delivered at a facility that meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility; and (2) provided in single encounters without requiring full-time enrollment of a person in a child care program. (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2022 through 2024. 9. Grants to local entities addressing social determinants of maternal health (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (1) address social determinants of maternal health for pregnant and postpartum individuals; and (2) eliminate racial and ethnic disparities in maternal health outcomes (b) Application To be eligible to receive a grant under this subsection an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may provide. (c) Prioritization In awarding grants under subsection (a), the Secretary shall give priority to an eligible entity that— (1) is, or will partner with, a community-based organization to carrying out the activities under subsection (d); (2) is operating in an area with high rates of adverse maternal health outcomes or significant racial or ethnic disparities in maternal health outcomes; and (3) is operating in an area with a high poverty rate. (d) Activities An eligible entity that receives a grant under this section may— (1) hire and retain staff; (2) develop and distribute a culturally and linguistically appropriate list of available resources with respect to social service programs in a community, including housing supports, child care access, nutrition counseling, and resources for pregnant women facing intimate partner violence; (3) establish a culturally appropriate resource center that provides multiple social service programs in a single location; (4) offer programs and resources in the communities in which the respective eligible entities are located to address social determinants of health for pregnant and postpartum individuals; and (5) consult with such pregnant and postpartum individuals, pregnant women who are unauthorized aliens, to conduct an assessment of the activities under this subsection. (e) Technical assistance The Secretary shall provide to grant recipients under this section technical assistance to plan for sustaining programs to address social determinants of maternal health among pregnant and postpartum individuals after the period of the grant. (f) Reporting (1) Grantees Not later than 1 year after an eligible entity first receives a grant under this section, and annually thereafter, an eligible entity shall submit to the Secretary, and make publicly available, a report on the status of activities conducted using the grant. Each such report shall include data on the effects of such activities, disaggregated by race, ethnicity, gender, and other relevant factors. (2) Secretary Not later than the end of fiscal year 2026, the Secretary shall submit to Congress a report that includes— (A) a summary of the reports under paragraph (1); and (B) recommendations for— (i) improving maternal health outcomes; and (ii) reducing or eliminating racial and ethnic disparities in maternal health outcomes. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2022 through 2026. | Social Determinants for Moms Act |
Methamphetamine Response Act of 2021 This bill designates methamphetamine as an emerging drug threat (a new and growing trend in the use of an illicit drug or class of drug). It also directs the Office of National Drug Control Policy to implement a methamphetamine response plan. | 117 S854 ES: Methamphetamine Response Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 854 IN THE SENATE OF THE UNITED STATES AN ACT To designate methamphetamine as an emerging threat, and for other purposes. 1. Short title This Act may be cited as the Methamphetamine Response Act of 2021 2. Declaration of emerging threat (a) In general Congress declares methamphetamine an emerging drug threat, as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1701 (b) Required emerging threat response plan Not later than 90 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy shall establish and implement an Emerging Threat Response Plan that is specific to methamphetamine in accordance with section 709(d) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1708(d) Passed the Senate December 13, 2021. Secretary | Methamphetamine Response Act of 2021 |
Water Rights Protection Act of 2021 This bill prohibits the Departments of the Interior and Agriculture from conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights. | 117 S855 IS: Water Rights Protection Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 855 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Barrasso Mr. Risch Mr. Crapo Committee on Energy and Natural Resources A BILL To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretary of the Interior and the Secretary of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Water Rights Protection Act of 2021 2. Definitions In this Act: (1) Secretary The term Secretary (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right The term water right 3. Policy development In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary— (1) shall— (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not— (A) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects— (i) the authority of a State in— (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term beneficial use priority of water rights terms of use (iii) any other right or obligation of a State established under State law. 4. Treatment of water rights The Secretary shall not— (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on— (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. 5. Effect (a) Reclamation contracts Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (b) Endangered species act Nothing in this Act affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 (c) Federal reserved water rights Nothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. (d) Federal power act Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) (e) Indian water rights Nothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe. (f) Federally held state water rights Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States. (g) Interstate Compacts Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact. | Water Rights Protection Act of 2021 |
Preventing Visa Overstays Act This bill provides for criminal penalties for an alien who stays in the United States after the expiration of the alien's visa. Such an alien shall be criminally fined, imprisoned for up to one year, or both. | 117 S858 IS: Preventing Visa Overstays Act U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 858 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Kennedy Committee on the Judiciary A BILL To establish criminal penalties for aliens who fail to depart before the expiration of their visas. 1. Short title This Act may be cited as the Preventing Visa Overstays Act 2. Criminal penalties for aliens who fail to depart from the United States before the expiration of their visas (a) In general Section 274D of the Immigration and Nationality Act ( 8 U.S.C. 1324d 274D. Penalties for failure to depart (a) Prohibited conduct It is unlawful for any alien who is subject to a final order of removal— (1) to willfully fail or refuse— (A) to depart from the United States pursuant to such order; (B) to make a timely application in good faith for travel or other documents necessary for departure; or (C) to present for removal at the time and place required by the Secretary of Homeland Security; or (2) to conspire to or take any action designed to prevent or hamper the alien’s departure pursuant to such order. (b) Civil penalties Any alien who violates subsection (a) shall pay a civil penalty of not more than $500 to the Secretary of Homeland Security for each day the alien remains in violation of such subsection. (c) Criminal penalties Any alien who is required to depart from the United States as a result of the expiration of the alien’s visa and fails to depart the United States within the prescribed period shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (d) Rule of construction Nothing in this section may be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed under section 243(a) or under any other section of this Act. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 Sec. 274D. Penalties for failure to depart. . | Preventing Visa Overstays Act |
Safeguarding Internet Freedom in Hong Kong Act of 2021 This bill authorizes and establishes programs to promote internet freedom in Hong Kong and contains other related provisions. The Department of State may establish an interagency working group to develop a strategy to bolster internet resiliency and access in Hong Kong. The State Department shall also establish within the Bureau of Democracy, Human Rights, and Labor a Hong Kong internet freedom program. (The bureau has existing programs to promote internet freedom globally through technology development, digital safety, policy advocacy, and research.) The Open Technology Fund may establish a Hong Kong internet freedom program. (The fund, an independent nonprofit organization that receives U.S. government funding, was originally a part of Radio Free Asia.) The bureau and the fund may award grants to qualifying private organizations to promote technology and tools in Hong Kong that promote online information access, enhance digital security, and circumvent internet blocking and other online censorship. The State Department shall report to Congress a classified strategy to (1) increase the availability of firewall circumvention technology in Hong Kong; and (2) support the preservation of an open, interoperable, reliable, and secure internet in Hong Kong. | 117 S860 IS: Safeguarding Internet Freedom in Hong Kong Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 860 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Lankford Mr. Kaine Committee on Foreign Relations A BILL To develop and deploy firewall circumvention tools for the people of Hong Kong after the People’s Republic of China violated its agreement under the Joint Declaration, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Internet Freedom in Hong Kong Act of 2021 2. Findings Congress makes the following findings: (1) The People’s Republic of China has repeatedly violated its obligations under the Joint Declaration by suppressing the basic rights and freedoms of Hongkongers. (2) On June 30, 2020 the National People’s Congress passed a National Security Law (3) The Government of the People’s Republic of China continues to utilize the National Security Law to undermine the fundamental rights of the Hong Kong people through suppression of the freedom of speech, assembly, religion, and the press. (4) Article 9 of the National Security Law authorizes unprecedented regulation and supervision of internet activity in Hong Kong, including expanded police powers to force internet service providers to censor content, hand over user information, and block access to platforms. (5) On January 13, 2021, the Hong Kong Broadband Network blocked public access to HKChronicles, a website promoting pro-democracy viewpoints, under the authorities of the National Security Law. (6) On January 28, 2021, the Hong Kong Internet Registration Corporation Limited enacted a revised acceptable use incite illegal acts (7) On February 4, 2021, Carrie Lam expressed support for implementing additional laws to increase internet censorship. (8) On February 12, 2021, internet service providers blocked access to the Taiwan Transitional Justice Commission website in Hong Kong. (9) Major tech companies including Facebook, Twitter, WhatsApp and Google have stopped reviewing requests for user data from Hong Kong authorities. (10) On February 28, 2021, 47 pro-democracy activists in Hong Kong were arrested charged under the National Security Law on the charge of conspiracy to commit subversion 3. Sense of Congress It is the sense of Congress that the United States should— (1) support the ability of the people of Hong Kong to maintain their freedom to access information online; and (2) focus on investments in technologies that facilitate the unhindered exchange of information in Hong Kong in advance of any future efforts by the Chinese Communist Party— (A) to suppress internet access; (B) to increase online censorship; or (C) to inhibit online communication and content-sharing by the people of Hong Kong. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Appropriations of the Senate (C) the Select Committee on Intelligence of the Senate (D) the Committee on Foreign Affairs of the House of Representatives (E) the Committee on Appropriations of the House of Representatives (F) the Permanent Select Committee on Intelligence of the House of Representatives (2) Interagency working group The term interagency working group (A) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (B) the Assistant Secretary of State for East Asian and Pacific Affairs; (C) the Chief Executive Officer of the Open Technology Fund; and (D) the Administrator of the United States Agency for International Development. (3) Joint Declaration The term Joint Declaration 5. Hong Kong Internet Freedom Program (a) In general The Secretary of State is authorized to establish an interagency working group to develop a strategy to bolster internet resiliency and online access in Hong Kong. The Secretary shall establish a Hong Kong Internet Freedom Program in the Bureau of Democracy, Human Rights, and Labor at the Department of State. Additionally, the Chief Executive Officer of the Open Technology Fund is authorized to establish a Hong Kong Internet Freedom Program. These programs shall operate independently, but in strategic coordination with other entities in the interagency working group. (b) Independence During the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Program shall be carried out independent from the mainland China internet freedom portfolios in order to focus on supporting liberties presently enjoyed by the people of Hong Kong. (c) Consolidation of Department of State program Beginning on October 1, 2023, the Secretary of State may— (1) consolidate the Program with the mainland China initiatives in the Bureau of Democracy, Human Rights, and Labor; or (2) continue to carry out the Program in accordance with subsection (b). (d) Consolidation of Open Technology Fund Program Beginning on October 1, 2023, the CEO of the Open Technology Fund may— (1) consolidate the Program with the mainland China initiatives in the Open Technology Fund; or (2) continue to carry out the Program in accordance with subsection (b). 6. Support for information programs (a) Grants authorized (1) In general The Secretary of State, working through the Open Technology Fund and the Bureau of Democracy, Human Rights, and Labor, is authorized to award grants to private organizations to support and develop programs in Hong Kong that promote or expand— (A) online information access; (B) freedom of the press; (C) disruptive technologies that bypass internet blocking, filtering, and other censorship techniques; (D) virtual private networks; (E) firewall circumvention tools; (F) distributed denial of service mitigation techniques; (G) digital security capacity building for internet users; or (H) digital resiliency for international organizations, pro-democracy activists, and other civil society actors in Hong Kong, including emergency support. (2) Goals The goals of the programs developed with grants authorized under paragraph (1) should be— (A) to make the technologies described in paragraph (1) available in Hong Kong; (B) to increase the number of the tools in the circumvention technology portfolio; (C) to promote the availability of such technologies and tools in Hong Kong; (D) to encourage the adoption of such technologies and tools by the people of Hong Kong; (E) to scale up the distribution of such technologies and tools throughout Hong Kong; (F) to prioritize the development of tools, components, code, and technologies that are fully open source, to the extent practicable; (G) to conduct research on repressive tactics that undermine internet freedom in Hong Kong; and (H) to engage American private industry, including e-commerce firms and social networking companies, on the importance of preserving internet access in Hong Kong. (3) Grant recipients Grants authorized under this subsection shall be distributed to multiple vendors and suppliers through an open, fair, competitive, and evidence-based decision process— (A) to diversify the technical base; and (B) to reduce the risk of mitigation by bad actors. (4) Security audits New technologies developed using grants from this subsection shall undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by the Open Technology Fund. (b) Funding source The Secretary of State is authorized to expend funds from the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor of the Department of State during fiscal year 2020 for grants authorized under subsection (a) at any entity in the interagency working group. (c) Authorization of appropriations (1) Open technology fund In addition to the funds authorized to be expended pursuant to subsection (b), there are authorized to be appropriated to the Open Technology Fund $5,000,000 for each of the fiscal years 2021 through 2023 to carry out this section. (2) Bureau of democracy, human rights, and labor In addition to the funds authorized to be expended pursuant to subsection (b), there are authorized to be appropriated to the Office of Internet Freedom Programs in the Bureau of Democracy, Human Rights, and Labor of the Department of State $10,000,000 for each of the fiscal years 2021 through 2023 to carry out this section. (3) Availability Amounts appropriated pursuant to paragraphs (1) and (2) shall remain available until expended. 7. Strategic planning report Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the interagency working group shall submit a classified report to the appropriate congressional committees that— (1) describes the Federal Government’s plan to bolster and increase the availability of firewall circumvention technology in Hong Kong during fiscal year 2021, including— (A) secure private messaging tools; (B) secure file storage and sharing platforms; (C) virtual private networks; (D) satellite internet; (E) proxies; (F) refraction routing; (G) pluggable transports; and (H) other secure communication mechanisms and anti-censorship technologies; (2) outlines a plan for— (A) supporting the preservation of an open, interoperable, reliable, and secure internet in Hong Kong; (B) increasing the supply of the technology referred to in paragraph (1); (C) accelerating the dissemination of such technology; (D) promoting the availability of such technology in Hong Kong; (E) utilizing presently available tools in the mainland China portfolio for further use in the unique context of Hong Kong; (F) expanding the portfolio of tools in order to diversify and strengthen the effectiveness and resiliency of the circumvention efforts; and (G) providing training for high-risk groups and individuals in Hong Kong; (3) includes a detailed description of the technical and fiscal steps necessary to implement the plans referred to in paragraphs (1) and (2), including an analysis of the market conditions in Hong Kong; (4) describes the Federal Government’s plans for awarding grants to private organizations for the purposes described in section 6(a)(1); (5) outlines the interagency working group’s consultations regarding the implementation of this Act to ensure that all Federal efforts are aligned and well coordinated; and (6) outlines the Department of State’s strategy to influence global internet legal standards at international organizations and multilateral fora. | Safeguarding Internet Freedom in Hong Kong Act of 2021 |
Advancing Emergency Preparedness Through One Health Act of 2021 This bill requires interagency coordination to respond to zoonotic diseases through a One Health Program. A One Health Program recognizes the interconnection between people, animals, plants, and their shared environment. Specifically, the Department of the Interior, the Department of Health and Human Services, and the Department of Agriculture must develop a framework to coordinate federal activities to reduce hazards to human and animal health under the One Health Program. These departments must work with other federal entities on the framework, including the Department of Commerce. This framework must establish goals, identify activities necessary to achieve those goals, and recommend legislation or other actions to advance One Health efforts. Additionally, the Government Accountability Office must evaluate this framework and its implementation. | 117 S861 IS: Advancing Emergency Preparedness Through One Health Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 861 IN THE SENATE OF THE UNITED STATES March 18, 2021 Ms. Smith Mr. Young Mr. Grassley Mrs. Feinstein Committee on Health, Education, Labor, and Pensions A BILL To establish an interagency One Health Program, and for other purposes. 1. Short title This Act may be cited as the Advancing Emergency Preparedness Through One Health Act of 2021 2. Findings Congress finds the following: (1) The term One Health (2) When zoonotic diseases spill over to humans, there are often enormous health and economic costs. The World Bank estimates that, between 1997 and 2009, the global costs from six zoonotic outbreaks exceeded $80,000,000,000 and the Centers for Disease Control and Prevention estimates that there are annually 2,500,000,000 cases of zoonotic infections globally, resulting in 2,700,000 deaths. (3) There are also immense effects on the agriculture sector. In 2014 and 2015, a high pathogenic avian influenza (HPAI) outbreak in the United States led to the cull of nearly 50,000,000 birds, and imposed up to approximately $3,300,000,000 in losses for poultry and egg farmers, animal feed producers, baked good production, and other related industries. (4) Public health preparedness depends on agriculture in a variety of ways. For example, a wide range of vaccines, including those for influenza, yellow fever, rabies, and measles-mumps-rubella (MMR), are primarily cultivated in poultry eggs. Egg shortages resulting from zoonotic disease outbreaks could impose serious risks to vaccine manufacturing efforts. (5) It is estimated that approximately 80 percent of potential pathogens likely to be used in bioterrorism or biowarfare are common zoonotic pathogens. (6) While existing Federal Government initiatives related to One Health span multiple agencies, including the Centers for Disease Control and Prevention One Health office and the Department of Agriculture Animal and Plant Health Inspection Services' One Health Coordination Center, additional interagency coordination is necessary to help better prevent, prepare for, and respond to zoonotic disease outbreaks. 3. Interagency One Health Program (a) In general The Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Agriculture (referred to in this Act as the Secretaries framework (b) National One Health Framework (1) In general Not later than 1 year after the date of enactment of this Act, the Secretaries, in cooperation with the United States Agency for International Development, the Environmental Protection Agency, the Department of Homeland Security, the Department of Defense, the Department of Commerce, and other departments and agencies as appropriate, shall develop, publish, and submit to Congress a One Health Framework (referred to in this section as the framework (2) Contents of framework The framework described in paragraph (1) shall describe existing efforts and contain recommendations for building upon and complementing the activities of the Department of the Interior, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Office of the Assistant Secretary for Preparedness and Response, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, and other departments and agencies, as appropriate, and shall— (A) assess, identify, and describe, as appropriate, existing activities of Federal agencies and departments under the One Health Program and consider whether all relevant agencies are adequately represented; (B) for the 10-year period beginning in the year the framework is submitted, establish specific Federal goals and priorities that most effectively advance— (i) scientific understanding of the connections between human, animal, and environmental health; (ii) coordination and collaboration between agencies involved in the framework including sharing data and information, engaging in joint fieldwork, and engaging in joint laboratory studies related to One Health; (iii) identification of priority zoonotic diseases and priority areas of study; (iv) surveillance of priority zoonotic diseases and their transmission between animals and humans; (v) prevention of priority zoonotic diseases and their transmission between animals and humans; (vi) protocol development to improve joint outbreak response to and recovery from zoonotic disease outbreaks in animals and humans; and (vii) workforce development to prevent and respond to zoonotic disease outbreaks in animals and humans; (C) describe specific activities required to achieve the goals and priorities described in subparagraph (B), and propose a timeline for achieving these goals; (D) identify and expand partnerships, as appropriate, among Federal agencies, States, Indian tribes, academic institutions, nongovernmental organizations, and private entities in order to develop new approaches for reducing hazards to human and animal health and to strengthen understanding of the value of an integrated approach under the One Health Program to addressing public health threats in a manner that prevents duplication; (E) identify best practices related to State and local-level research coordination, field activities, and disease outbreak preparedness, response, and recovery related to One Health; and (F) provide recommendations to Congress regarding additional action or legislation that may be required to assist in establishing the One Health Program. (3) Addendum Not later than 3 years after the creation of the framework, the Secretaries, in coordination with the agencies described in paragraph (1), shall submit to Congress an addendum to the framework that describes the progress made in advancing the activities described in the framework. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated such sums as may be necessary. 4. GAO report Not later than 2 years after the date of the submission of the addendum under section 3(b)(3), the Comptroller General of the United States shall submit to Congress a report that— (1) details existing collaborative efforts between the Department of the Interior, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, and other departments and agencies to prevent and respond to zoonotic disease outbreaks in animals and humans; and (2) contains an evaluation of the framework and the specific activities requested to achieve the framework. | Advancing Emergency Preparedness Through One Health Act of 2021 |
Puerto Rico Self-Determination Act of 2021 This bill establishes a process for the people of Puerto Rico to vote on the political status (e.g., statehood) of the territory. Congress may ratify the decision through a joint resolution. The bill declares that the legislature of Puerto Rico has the authority to call a status convention regarding the political status of the territory. The bill provides for public financing of delegate elections to the status convention and establishes a Congressional Bilateral Negotiating Commission to provide advice and consultation to delegates of the status convention. The status convention must provide self-determination options for a referendum of the people of Puerto Rico. Ranked-choice voting is a permitted format for the referendum. Delegates shall carry out an educational campaign through traditional paid media related to the referendum. The bill provides for congressional consideration of a joint resolution to ratify the self-determination option selected through the referendum. | 117 S865 IS: Puerto Rico Self-Determination Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 865 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Menendez Mr. Sanders Mr. Brown Mr. Booker Mrs. Gillibrand Ms. Warren Mr. Markey Mr. Wicker Committee on Energy and Natural Resources A BILL To recognize the right of the People of Puerto Rico to call a status convention through which the people would exercise their natural right to self-determination, and to establish a mechanism for congressional consideration of such decision, and for other purposes. 1. Short title This Act may be cited as the Puerto Rico Self-Determination Act of 2021 2. Findings Congress finds as follows: (1) In 1898, the United States defeated the Spanish Kingdom in the Spanish-American War and acquired by conquest Puerto Rico, Guam, and the Philippines pursuant to the Treaty of Paris. (2) In 1900, Congress established a civilian government on the island through the Foraker Act. Among other points, that Act established an executive council (3) The Foraker Act also established the Resident Commissioner position to represent island interests in Congress. These duties came to include nonvoting service in the House of Representatives. (4) In 1901, the Supreme Court’s decisions in Downes v. Bidwell and its progeny held that for purposes of the Constitution’s Uniformity Clause, Puerto Rico was not part of the United States and subject to the plenary powers of Congress, which in turn established a colonial relationship. Justice White, in concurrence, opined that Congress has discretion to decide whether and when to incorporate a territory into the United States. (5) Congress recognized Puerto Rico’s authority over matters of internal governance in 1950 with the passage of the Puerto Rico Federal Relations Act of 1950 ( Public Law 81–600 (6) On November 18, 1953, the United Nations recognized Puerto Rico as a self-governing political entity under the United Nations General Assembly Resolution 748. (7) The political status of Puerto Rico is of significant interest to communities both on and off the island, including diaspora groups that continue having strong cultural ties and socioeconomic ties to Puerto Rico. (8) The United States has a legal duty to comply with Article 1 of the International Covenant on Civil and Political Rights, which establishes that all peoples have the right to self-determination and by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development (9) The status convention provides a deliberative, comprehensive, and uninterrupted space of dialogue that can define the future of Puerto Rico. 3. Puerto Rico status convention (a) In general The legislature of Puerto Rico has the inherent authority to call a status convention through an Act or Concurrent Resolution, constituted by a number of delegates to be determined in accordance with legislation approved by the Government of Puerto Rico, for the purpose of proposing to the people of Puerto Rico self-determination options. A status convention called by the legislature of Puerto Rico shall— (1) be a semipermanent body that is dissolved only when the United States ratifies the self-determination option presented to Congress by the status convention as selected by the people of Puerto Rico in the referendum under section 5; and (2) consist of delegates elected by the voters of Puerto Rico in an election conducted according to the enabling legislation for the status convention as approved by the legislature of Puerto Rico. (b) Public financing of delegate elections (1) Fund established There is hereby established in the Treasury of the United States a fund to be known as the Puerto Rico Status Convention Public Matching Fund (A) less than $100; and (B) donated by a resident of Puerto Rico. (2) Requirements for funding To be eligible to receive funds under this subsection, a candidate for delegate shall— (A) agree to increased financial oversight from the Federal Election Commission; (B) limit campaign spending to not more than $25,000; and (C) demonstrate a basic level of support from residents of Puerto Rico by receiving from residents of Puerto Rico not fewer than 50 donations from 50 individuals of not more than $50. (3) Administrative amounts Not more than 10 percent of amounts made available under paragraph (4) may be use for administrative costs of the Federal Election Commission. (4) Authorization of appropriations There is authorized to be appropriated and deposited into the Puerto Rico Status Convention Public Matching Fund to carry out this section $5,500,000. (c) Delegates Delegates elected under subsection (a)(2), in consultation with the Commission, shall— (1) debate and draft definitions on self-determination options for Puerto Rico, which shall be outside the Territorial Clause of the United States Constitution; (2) draft a least one accompanying transition plan for each self-determination option; and (3) select and present to the people of Puerto Rico the self-determination options that will be included in the referendum under section 5. 4. Congressional Bilateral Negotiating Commission (a) Establishment There is established a Congressional Bilateral Negotiating Commission (hereinafter referred to as the Commission (b) Composition (1) In general The members of the Commission shall include— (A) the chairs of the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; (B) the ranking members of the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; (C) one member selected by the majority leader of the House of Representatives; (D) one member selected by the minority leader of the House of Representatives; (E) one member selected by the majority leader of the Senate; (F) one member selected by the minority leader of the Senate; (G) the Resident Commissioner of Puerto Rico; (H) with the consent of the Speaker of the House of Representatives and majority leader of the Senate, a member from the Department of Justice; and (I) with the consent of the Speaker of the House of Representatives and majority leader of the Senate, a member from the Department of the Interior. (2) Requirements for certain members Members selected under subparagraphs (C) through (F) of paragraph (1) shall represent a State or district in a State that, as determined by the most recently publicly available data from the Bureau of the Census, represents one of the 10 States with the largest population of people who identified on the most recent Census as Puerto Rican. (c) Duties and functions The Commission— (1) shall meet periodically with the delegates in Puerto Rico and the District of Columbia, at the request of a majority of the delegates, with each meeting required to include at least one delegate from each of the self-determination options; (2) shall have the authority to— (A) study; (B) make findings; (C) develop recommendations regarding self-determination options on constitutional issues and policies related to— (i) culture; (ii) language; (iii) judicial and public education systems; (iv) taxes; and (v) United States citizenship; and (D) provide technical assistance and constitutional advice to the delegates during the Puerto Rico status convention; (3) may hold public hearings in connection with any aspects of the convention at the request of the delegates or on its own; and (4) may receive testimony. (d) Reports The Commission shall— (1) not less than quarterly, provide status reports, findings, and studies to the House of Representatives and the Senate; (2) not less than once every 12 months, submit a status report to the House of Representatives and the Senate; and (3) make reports submitted under paragraph (2) available to the general public in widely accessible formats in English and Spanish on the same day that such reports are submitted under paragraph (2). 5. Puerto Rico status referendum; education campaign (a) Structure and process (1) In general A referendum vote by the people of Puerto Rico— (A) may be conducted in a ranked-choice voting format in which voters rank choices by preference on their ballots without a limit on the number of choices ranked; (B) may consist of choices each composed of a self-determination definition and accompanying transition plan as presented by the delegates under section 3; and (C) may include more than one choice with the same self-determination definition, but a distinct accompanying transition plan as presented by the delegates under section 3. (2) Authorization of appropriations There is authorized to be appropriated the Puerto Rico State Commission on Elections, $2,500,000 to carry out a referendum vote under this subsection. (b) Educational campaign (1) In general Delegates shall carry out an educational campaign through traditional paid media related to the referendum under subsection (a). (2) Authorization of Appropriations There is authorized to be appropriated the Puerto Rico State Commission on Elections, $5,000,000 to carry out an educational campaign under this subsection. The Federal Election Commission shall ensure that funds made available under this paragraph are divided equally among each self-determination option represented on the referendum held under this Act. (3) Quarterly campaign reports Each delegates shall submit quarterly campaign reports of the educational campaigns to the Federal Election Commission. 6. Congressional deliberation and enacting resolution If the referendum under this Act is approved by the people of Puerto Rico, Congress shall approve a joint resolution to ratify the preferred self-determination option approved in that referendum vote. If the Congress adjourns sine die before acting on the self-determination option, the Puerto Rico status convention created under this Act may meet again and send or resend a self-determination options to the following Congress. 7. Joint resolution (a) Definition The term joint resolution (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Natural Resources and in the Senate shall be referred to the Committee on Energy and Natural Resources. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the day period beginning on the day of certification of referendum results shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the body involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective body to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the body concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective body shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective body until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate body, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by other body If, before the passage by one body of a resolution of that body described in subsection (a), that body receives from the other body a resolution described in subsection (a), then the following procedures shall apply: (1) The resolution of the other body shall not be referred to a committee and may not be considered in the body receiving it except in the case of final passage as provided in subparagraph (B)(ii). (2) With respect to a resolution described in subsection (a) of the body receiving the resolution— (A) the procedure in that body shall be the same as if no resolution had been received from the other body; but (B) the vote on final passage shall be on the resolution of the other body. | Puerto Rico Self-Determination Act of 2021 |
National Women's Hall of Fame Commemorative Coin Act of 2021 This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, half-dollar clad coins, and proof silver $1 coins in recognition and celebration of the National Women's Hall of Fame in Seneca Falls, New York. All minted coins shall include a specified surcharge, which shall be paid to the National Women's Hall of Fame Foundation to establish an endowment fund to provide for the long-term financing of the hall's operations. | 117 S867 IS: National Women’s Hall of Fame Commemorative Coin Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 867 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mrs. Gillibrand Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Women’s Hall of Fame. 1. Short title This Act may be cited as the National Women’s Hall of Fame Commemorative Coin Act of 2021 2. Findings The Congress finds the following: (1) In 1969, the National Women’s Hall of Fame was established in Seneca Falls, New York, the location of the first Women’s Rights Convention in 1848. A total of 276 women have been inducted represented well by the first class that included Jane Addams, Marian Anderson, Susan B. Anthony, Clara Barton, Mary MacLeod Bethune, Elizabeth Blackwell, Pearl S. Buck, Rachel Carson, Mary Cassatt, Emily Dickinson, Amelia Earhart, Alice Hamilton, Helen Hayes, Helen Keller, Eleanor Roosevelt, Florence Sabin, Margaret Chase Smith, Elizabeth Cady Stanton, Helen Brooke Taussig, and Harriet Tubman. (2) The National Women’s Hall of Fame is the Nation’s oldest membership organization dedicated to recognizing and celebrating the achievements of great American women. (3) The involvement of women in the Nation’s history is inadequately chronicled, commemorated, and celebrated as reflected in the following: (A) Fewer than 5 percent of the 2,596 national historic landmarks chronicle women’s achievements. (B) Only 9 of the 112 statues in the Capitol’s Statuary Hall are of women. (C) The National Park Service notes that only 3 of the 130 national monuments in the United States are dedicated to historic female figures. (D) Of the 5,575 outdoor sculpture portraits of historical figures in the United States, 559 portray women according to the Smithsonian American Art Museum’s online inventories catalog. (E) 6 of the 89 National Historic Sites commemorate women. (F) Only 219 United States Postal Stamps were issued to commemorate women. (4) The National Women’s Hall of Fame will complete rehabilitation of its new home at the former Seneca Falls Knitting Mill, which is a historic building included in the National Historic Registry. The new building has over 20,000 square feet available for artifacts to ensure that women’s history and women’s contribution to American history will be preserved and recounted for future generations. (5) The National Women’s Hall of Fame plans to design an educational program utilizing video conference technology with students and teachers participating in interactive lessons led by educators from the National Women’s Hall of Fame. This program will provide important lessons on the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. 3. Coin specifications (a) Denominations In recognition and celebration of the National Women’s Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) be struck on a planchet having diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins Not more than 100,000 proof $1 silver coins which shall— (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of congress It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced in a fashion that provides a more dramatic display of the obverse design. 4. Designs of coins (a) Designs requirements (1) In general The designs of the coins minted under this section shall be emblematic of the impact that women have had on mathematics, geography, education, sciences, medicine, military, government, civil rights, economics, industrial technology, arts, and communication. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the denomination of the coin; (B) an inscription of the year 2023 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The designs of the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the National Women’s Hall of Fame; and (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing and educational campaign The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4) (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Women’s Hall of Fame Foundation to establish an endowment fund that will provide long-term financing for the National Women’s Hall of Fame’s operations. (c) Audits The National Women’s Hall of Fame Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | National Women’s Hall of Fame Commemorative Coin Act of 2021 |
Huntington's Disease Disability Insurance Access Act of 2021 This bill expedites payment of Social Security Disability Insurance (SSDI) benefits and eligibility for Medicare coverage for those with Huntington's disease. This is an inherited disorder that causes brain cells to die, including in areas of the brain that help to control voluntary movement. Specifically, the bill eliminates the 5-month waiting period for SSDI benefits and the subsequent 24-month waiting period for Medicare coverage for individuals with Huntington's disease. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare. | 117 S868 IS: Huntington’s Disease Disability Insurance Access Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 868 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mrs. Gillibrand Mr. Cassidy Mr. King Committee on Finance A BILL To amend title II of the Social Security Act to eliminate the five-month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington’s disease. 1. Short title This Act may be cited as the Huntington’s Disease Disability Insurance Access Act of 2021 2. Elimination of waiting period for social security disability insurance benefits for individuals with Huntington’s disease (a) In general Section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) or Huntington’s disease amyotrophic lateral sclerosis (b) Effective date The amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. 3. Waiver of 24-month waiting period for coverage under the Medicare program for individuals with Huntington’s disease (a) In general Section 226(h) of the Social Security Act ( 42 U.S.C. 426(h) or Huntington’s disease (HD) amyotrophic lateral sclerosis (ALS) (b) Effective date The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act. | Huntington’s Disease Disability Insurance Access Act of 2021 |
National Manufacturing Guard Act This bill addresses the manufacturing of critical resources (e.g., supplies that are life-sustaining or otherwise critical to U.S. national security). The bill establishes the Office of Supply Chain Preparedness within the Department of Commerce, the Supply Chain Advisory Council, and the National Manufacturing Guard within the office to be activated during a crisis to procure, manufacture, and distribute critical resources. The office must establish the Supply Chain Data Exchange to account for critical resources, measure the manufacturing ability of industry partners, and plan the distribution of such resources. The bill also establishes the Manufacturing Corps to provide workforce training for manufacturing skills deemed essential to the economic security of the United States. | 117 S869 IS: National Manufacturing Guard Act U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 869 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Coons Mr. Rubio Ms. Hassan Mr. Cornyn Committee on Commerce, Science, and Transportation A BILL To establish the Office of Supply Chain Preparedness within the Department of Commerce to manage the partnership of the United States with private industry and State and local governments with respect to the manufacturing of critical resources, and for other purposes. 1. Short title This Act may be cited as the National Manufacturing Guard Act 2. Sense of Congress It is the sense of Congress that— (1) the COVID–19 pandemic has— (A) exposed significant vulnerabilities in the manufacturing sector of the economy of the United States; and (B) led to equipment shortages, supply chain bottlenecks, and workforce misalignments; (2) the vulnerabilities described in paragraph (1) go largely unnoticed until those vulnerabilities are revealed by crises, such as disease outbreaks, cyber attacks, natural disasters, national security threats, wars, trade wars, embargoes, and other emergencies; (3) the crises described in paragraph (2) produce valuable information, the collection and analysis of which can inform policies to fortify the economy of the United States against future threats; (4) the responsibility for promoting the economic resilience of the United States lies with the Federal Government, which must not miss the opportunity presented by the COVID–19 pandemic to learn from that crisis and prepare the United States to better withstand future emergencies; and (5) the Federal Government has an interest in increasing educational and training opportunities for underrepresented minorities, women, and veterans. 3. Definitions In this Act: (1) Council The term Council (2) Crisis The term crisis (3) Critical resources The term critical resources (A) means supplies that— (i) are life-sustaining or otherwise critical to the national security of the United States; and (ii) may be subject to national shortages during a pandemic, cyber attack, natural disaster, or other catastrophic event; and (B) includes items classified as— (i) personal protective equipment; (ii) pharmaceuticals or biopharmaceuticals; (iii) medical supplies; or (iv) other resources to be determined by the Director, in consultation with the Council, which may include healthcare-related supplies or other supplies. (4) Data Exchange The term Data Exchange (5) Director The term Director (6) Guard The term Guard (7) Host organization The term host organization (A) offers an apprenticeship with respect to which there is a registered apprenticeship program (as defined in section 29.2 of title 29, Code of Federal Regulations, or any successor regulation); and (B) is— (i) a business; (ii) an industry consortium or trade group; (iii) a Manufacturing USA institute; (iv) an MEP center; (v) an academic or research institute, or (vi) a labor organization. (8) Industry partner The term industry partner (9) Manufacturing Corps The term Manufacturing Corps (10) Manufacturing USA institute The term Manufacturing USA institute 15 U.S.C. 278s(d) (11) MEP center The term MEP center Center 15 U.S.C. 278k(a) (12) Office The term Office (13) Registered apprenticeship The term registered apprenticeship (A) means an apprenticeship with a host organization for which there is a registration of an apprenticeship agreement (as defined in section 29.2 of title 29, Code of Federal Regulations, or any successor regulation); and (B) does not include an apprenticeship under an Industry-Recognized Apprenticeship Program under subpart B of part 29 of title 29, Code of Federal Regulations, or any successor regulation. (14) Secretary The term Secretary 4. Office of Supply Chain Preparedness (a) Establishment There is established within the Department of Commerce the Office of Supply Chain Preparedness. (b) Director The Office shall be headed by a Director, to be appointed by the Secretary. (c) Purpose The purpose of the Office shall be to— (1) establish and manage the partnerships of the Federal Government with industry partners and State, local, territorial, and Tribal governments to respond to crises; (2) develop capabilities to— (A) determine which resources qualify as critical resources; (B) make the supply of critical resources more resilient; and (C) coordinate the distribution of critical resources to areas that have the greatest needs during a crisis; and (3) develop contingency plans to ensure a robust supply chain response for potential crises. (d) Duties The Director shall— (1) determine— (A) the responsibilities of members of the Council; and (B) the procedures governing the service of members of the Council; (2) establish procedures relating to the operation of the Council, including the frequency with which the Council meets; (3) identify critical vulnerabilities in the supply chains of critical resources, including vulnerabilities exacerbated by the COVID–19 pandemic; (4) coordinate the preparedness and response of the supply chains of critical resources during a crisis by— (A) coordinating with Federal agencies; (B) managing partnerships of the Federal Government with industry partners; and (C) directing the Guard; (5) direct the establishment and operations of the Guard, the Data Exchange, and the Manufacturing Corps; and (6) maintain collaborations with industry partners that contribute to the Data Exchange. (e) Reports (1) Report on Director Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to Congress a report relating to the appointment of the Director. (2) Report on council Not later than 180 days after the date of enactment of this Act, the Director shall submit to Congress a report that— (A) identifies the members of the Council; and (B) states, with respect to the members of the Council— (i) the respective areas of expertise of the members; and (ii) the expected roles of the members. (3) Report on activities Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress a report that includes— (A) a summary of the activities of the Council and the Office; and (B) a preliminary plan for— (i) the establishment of the Guard, the Data Exchange, and the Manufacturing Corps, including cost estimates, preliminary timelines, and expected resource needs; and (ii) carrying out the responsibilities of the Director under sections 6, 7, and 8. (4) Annual report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Council shall submit to Congress a report that includes— (A) a list of resources that the Director has determined to be critical resources and the justification for the determination; (B) a list of manufacturing and supply chain vulnerabilities identified under subsection (d)(3); and (C) recommendations for mitigating the vulnerabilities listed under subparagraph (B). (f) Staff The Director may appoint staff to manage the operations of the Office and the Council. 5. Supply Chain Advisory Council (a) Establishment The Secretary shall establish the Supply Chain Advisory Council. (b) Purpose The purpose of the Council is to advise the Director on manufacturing and supply chain logistics that would be necessary to direct the response of the supply chain of the United States during a crisis. (c) Composition (1) In general The Council shall be comprised of the following members: (A) A representative of the Department of Health and Human Services, who shall be appointed by the Secretary of Health and Human Services. (B) A representative of the Department of Homeland Security, who shall be appointed by the Secretary of Homeland Security. (C) A representative of the Department of Defense, who shall be appointed by the Secretary of Defense. (D) A representative of the Department of Energy, who shall be appointed by the Secretary of Energy. (E) A representative of the Department of Transportation, who shall be appointed by the Secretary of Transportation. (F) A representative of the United States International Trade Commission, who shall be appointed by the Chair of the United States International Trade Commission. (G) A representative of the Department of State, who shall be appointed by the Secretary of State. (H) A representative of the Office of the Director of National Intelligence, who shall be appointed by the Director of National Intelligence. (I) The director of a Manufacturing USA institute, who shall be appointed by the Secretary. (J) The director of an MEP center, who shall be appointed by the Secretary. (K) A representative of State governments, who shall be appointed by the Secretary in, consultation with Governors of States; (L) Not less than 1 representative of a local, territorial, or Tribal government, who shall be appointed by the Secretary. (M) Not less than 3 manufacturing or supply chain experts, who shall be appointed by the Secretary and represent each of, respectively— (i) private industry; (ii) labor organizations; and (iii) research institutions. (2) Additional members The Secretary may appoint additional members to the Council on a rotating or permanent basis. (3) Status The members of the Council appointed under subparagraphs (K), (L), and (M) of paragraph (1) shall serve as special Government employees (as defined in section 202 of title 18, United States Code). (d) Duties The Council shall— (1) convene according to a schedule established by the Director; and (2) advise the Director on carrying out the duties of the Director under section 4(d). (e) Permanence Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. 6. National Manufacturing Guard (a) Establishment (1) In general There is established within the Office the National Manufacturing Guard. (2) Eligibility requirements The Director shall establish eligibility requirements for membership in the Guard, which may include— (A) experience or expertise in manufacturing or logistics; (B) holding a senior-level position in a manufacturing or supply chain organization; and (C) direct experience in manufacturing and supply chain operations. (3) Size and organization The Director, in consultation with the Council, shall establish— (A) the size of the Guard; (B) the organization of the Guard; and (C) the target skillsets of members of the Guard. (b) Training (1) In general The Director, in consultation with the Council, shall establish a training program for members of the Guard to ensure the readiness of members to perform the duties of the Guard. (2) Remote training A portion of the training program established under paragraph (1) may be conducted remotely to prepare for crises that may prevent the Guard from convening in a single physical location. (3) Crisis simulation Not less frequently than annually, the Director shall hold a full-time training program during which each member of the Guard, the Director, and the Council simulate a response to a crisis over a period of not less than 7 days. (c) Activation (1) In general The Director may activate members of the Guard— (A) during a crisis for the purpose of providing expertise and labor to promote the ability of the United States to procure, manufacture, and distribute critical resources; and (B) to perform full-time training programs under subsection (b)(3). (2) Full-time service Upon an activation under subparagraph (A), the Director may compel members of the Guard to active, full-time service. (3) Duties If the Director activates the Guard under paragraph (1), the Guard may— (A) share best practices across industry partners; (B) coordinate the manufacturing efforts of industry partners; (C) provide technical assistance to industry partners; (D) procure raw materials or supplies; (E) facilitate communications between industry partners; (F) provide logistics support in the delivery of critical resources; (G) identify suppliers of scarce critical resources; (H) coordinate between private industry, MEP centers, and Manufacturing USA institutes; and (I) conduct any other activities that help provide critical resources to areas of greatest need, as determined by the Director, in consultation with the Council. (d) Compensation The Director may provide compensation to members of the Guard at rates to be fixed by the Secretary without regard to any other law, including any provision of title 5, United States Code, and any rule issued under that title. (e) Participation incentives The Director may establish incentives to encourage industry partners to employ members of the Guard. (f) Office of Personnel Management The Secretary, in coordination with the Director of the Office of Personnel and Management, shall establish procedures with respect to the appointment of members of the Guard and the conditions of employment with respect to those members. 7. Supply chain data exchange (a) Establishment (1) In general Not later than 1 year after the date of enactment of this Act, the Director shall develop a plan to establish the Supply Chain Data Exchange. (2) Purpose The purpose of the Data Exchange shall be to— (A) allow the Director to— (i) take account of— (I) critical resources that have been recently manufactured, imported, or distributed; and (II) the ability of industry partners to manufacture critical resources; and (ii) plan the flow of critical resources during a crisis; (B) provide the Director with an understanding of the volume of critical resources provided by industry partners to enable the Director to develop plans to— (i) direct the Guard to assist industry partners in increasing the production capacity of critical resources; (ii) alleviate supply chain bottlenecks; (iii) allocate supplies of the Federal Government to the areas of greatest need; and (iv) coordinate between manufacturers and distributors to mitigate scarcity of critical resources; (C) allow the Director to predict local or national scarcity of critical resources for the duration of a crisis; and (D) enable the Director to direct the Guard or collaborate with industry partners or Federal agencies to mitigate scarcities of critical resources. (3) Contents The Director shall— (A) solicit data from industry partners relating to the manufacturing output of critical resources; and (B) add the data received under subparagraph (A) to the Data Exchange. (4) Data privacy (A) In general In consultation with industry partners, the Director may develop security measures that are necessary to protect information in the Data Exchange, including protocols to ensure that, depending on the nature of information in the Data Exchange, only individuals with the appropriate level of authorization may access the information. (B) Information disclosure (i) In general The Director may withhold information obtained from an industry partner under this section only to the extent permitted by law. (ii) FOIA exemption Unless the disclosure of data described in paragraph (3)(A) would be consistent with security measures developed under subparagraph (A) of this paragraph, the data shall be— (I) withheld from public disclosure; and (II) exempt from disclosure under section 552(b)(3) of title 5, United States Code. (C) Usage agreements The Director shall develop a usage agreement for the Data Exchange to ensure that data shared to the Data Exchange by an industry partner is— (i) hosted securely; and (ii) only used for purposes agreed to in advance by the Director and the industry partner. (5) Development (A) In general The Director, with the consent of a Federal agency, may use the services, equipment, personnel, and facilities of a Federal agency, with or without reimbursement, to— (i) develop the Data Exchange; or (ii) identify a data exchange existing on the date of enactment of this Act that can be modified to have the capacity to host the Data Exchange required under this section that provides— (I) necessary functionality to the Director; and (II) additional functionality to industry partners. (B) Value to participants In order to encourage the participation of industry partners in the Data Exchange, the Director may develop a Data Exchange that provides— (i) value to industry partners outside of a time of crisis; and (ii) access to aggregated data or analytics to industry partners that participate in the Data Exchange that complies with the provisions of the usage agreement developed under paragraph (4)(C). (6) Participation incentives The Director may establish incentives to encourage the participation and cooperation of industry partners with the Data Exchange. 8. Manufacturing Corps (a) Establishment There is established within the Office the Manufacturing Corps. (b) Duties The Manufacturing Corps shall— (1) function as a workforce development program that prioritizes the training of manufacturing skills determined to be essential to the economic security of the United States by the Director and the Council; (2) support the development of an innovative and flexible manufacturing workforce in the United States; (3) provide on-the-job training to members of the Manufacturing Corps; and (4) provide a qualified base of individuals to join the Guard upon the completion of the Manufacturing Corps program. (c) Membership (1) In general Not later than 180 days after the date of enactment of this Act, the Director shall develop criteria for membership in the Manufacturing Corps, which may include a competitive process that evaluates the dedication and enthusiasm of individuals for assisting the public during a crisis. (2) Preference In selecting members of the Manufacturing Corps, the Director shall give preference to an individual who is— (A) an underrepresented racial or ethnic minority; (B) a woman; (C) a veteran (as defined in section 101 of title 38, United States Code); or (D) a resident of an underrepresented geographic region. (3) Term The term of a member in the Manufacturing Corps shall be for a period of not less than 1 year and not more than 2 years. (d) Activities (1) Apprenticeship (A) In general A member of the Manufacturing Corps shall participate in a registered apprenticeship with a host organization for a 1-year period. (B) Skills A registered apprenticeship of a member of the Manufacturing Corps with a host organization shall— (i) provide the member with fundamental skills necessary to be successful in a manufacturing or supply chain workforce; (ii) qualify the member as a full-time employee of the host organization; and (iii) provide training and career development opportunities. (2) Training requirement (A) Initial training The Director shall provide individuals who are selected as members of the Guard with initial training that— (i) lasts for not fewer than 2, and not more than 4, weeks; (ii) serves as an orientation for the Guard; and (iii) includes a survey of basic skills in preparation for a registered apprenticeship. (B) Periodic training The Director shall provide regular training to members of the Manufacturing Corps that— (i) ensures that the members have the ability to serve as effective members of the Guard; and (ii) enhances the ability of members to contribute to the workforce of the United States and the Guard. (3) Compensation The Director may provide supplemental compensation to members of the Manufacturing Corps at rates to be fixed by the Secretary without regard to any other law, including any provision of title 5, United States Code, and any rule issued under that title. (e) Graduation (1) In general Upon the expiration of the term of a member of the Manufacturing Corps, the Director shall review the performance of the member in— (A) the registered apprenticeship under subsection (d)(1)(A); and (B) the training under subsection (d)(2). (2) Incentives The Director may establish incentives to encourage members of the Manufacturing Corps who receive favorable reviews under paragraph (1) to join the Guard. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act $1,000,000,000 for the 5-fiscal year period beginning with fiscal year 2021. | National Manufacturing Guard Act |
Protecting Life in Crisis Act This bill specifies that federal funds allocated for COVID-19 (i.e., coronavirus disease 2019) response efforts may not, in general, be used for abortions. Current law generally prohibits the use of federal funds for abortions through language included in appropriations bills, such as the Hyde Amendment. The bill also restricts the use of federal tax credits or other federal funding for health insurance coverage if the coverage includes abortions. | 117 S87 IS: Protecting Life in Crisis Act U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 87 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Marshall Mr. Inhofe Mr. Rounds Mr. Daines Mrs. Blackburn Mr. Tillis Mr. Braun Mr. Paul Mr. Moran Committee on Finance A BILL To prohibit the expenditure for an abortion of Federal funds authorized or appropriated for preventing, preparing for, or responding to the COVID–19 pandemic, and for other purposes. 1. Short title This Act may be cited as the Protecting Life in Crisis Act 2. Prohibiting the expenditure of COVID–19 funding for any abortion (a) Prohibitions (1) In general No funds authorized or appropriated by Federal law for the purpose of preventing, preparing for, or responding to the COVID–19 pandemic, domestically or internationally, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law for such purpose, shall be expended for any abortion. (2) Specified health benefits coverage None of the funds authorized or appropriated by Federal law for the purpose described in subsection (a), and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law for such purpose, shall be expended for, nor shall any credit for such purpose be allowed under the internal revenue laws with respect to, coverage under a qualified health plan offered through an Exchange established pursuant to title I of the Patient Protection and Affordable Care Act, COBRA continuation coverage, or any other coverage, if such coverage includes coverage of abortion. (3) Definition In this section, the term COBRA continuation coverage 29 U.S.C. 1161 42 U.S.C. 300bb–1 section 4980B section 125 (b) Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in subsection (a) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (c) Rule of construction Nothing in this Act may be construed to require a plan or coverage described in subsection (a) to provide coverage of any abortion. | Protecting Life in Crisis Act |
Improving Access to Mental Health Act of 2021 This bill increases the Medicare reimbursement rate for clinical social worker services. The bill excludes clinical social worker services from the prospective payment system in which predetermined amounts form the basis for payment under Medicare. Additionally, the bill alters the definition of clinical social worker services as it relates to Medicare. Under current law, such services (1) include services performed for the diagnosis and treatment of mental illnesses, and (2) exclude services furnished to an inpatient of a skilled nursing facility as a condition of the facility's participation in the Medicare program. The bill repeals these provisions and instead specifies that such services include certain types of health behavior assessment and intervention. | 117 S870 IS: Improving Access to Mental Health Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 870 IN THE SENATE OF THE UNITED STATES March 18, 2021 Ms. Stabenow Mr. Barrasso Ms. Sinema Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve access to mental health services under the Medicare program. 1. Short title This Act may be cited as the Improving Access to Mental Health Act of 2021 2. Improved access to mental health services under the Medicare program (a) Access to clinical social workers Section 1833(a)(1)(F)(ii) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(F)(ii) 75 percent of the amount determined for payment of a psychologist under clause (L) 85 percent of the fee schedule amount provided under section 1848 (b) Access to clinical social worker services provided to residents of skilled nursing facilities (1) In general Section 1888(e)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) clinical social worker services, qualified psychologist services, (2) Conforming amendment Section 1861(hh)(2) of the Social Security Act ( 42 U.S.C. 1395x(hh)(2) and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation (c) Access to the complete set of clinical social worker services Section 1861(hh)(2) of the Social Security Act ( 42 U.S.C. 1395x(hh)(2) for the diagnosis and treatment of mental illnesses (other than services (including services for the diagnosis and treatment of mental illnesses or services for health and behavior assessment and intervention (identified as of January 1, 2021, by HCPCS codes 96150 through 96161 (and any succeeding codes)), but not including services (d) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2022. | Improving Access to Mental Health Act of 2021 |
Climate Change Resiliency Fund for America Act of 2021 This bill provides support to address the impacts of climate change. Specifically, the bill authorizes the Department of the Treasury to issue up to $1 billion in climate change obligations (e.g., bonds) in a fiscal year, with bond proceeds going into the Climate Change Resiliency Fund established by this bill. The fund must be used for a program that finances projects that reduce the economic, social, and environmental impact of the adverse effects of climate change. A percentage of those funds must be used to benefit communities that experience disproportionate impacts from climate change. The Climate Change Advisory Commission, established by this bill, must provide recommendations and guidelines for the program and identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems. | 117 S873 IS: Climate Change Resiliency Fund for America Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 873 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Durbin Committee on Finance A BILL To establish the Climate Change Advisory Commission to develop recommendations, frameworks, and guidelines for projects to respond to the impacts of climate change, to issue Federal obligations, the proceeds of which shall be used to fund projects that aid in adaptation to climate change, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Climate Change Resiliency Fund for America Act of 2021 (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Climate Change Advisory Commission Sec. 101. Establishment of Climate Change Advisory Commission. Sec. 102. Duties. Sec. 103. Commission personnel matters. Sec. 104. Funding. Sec. 105. Termination. TITLE II—Climate Change Resiliency Fund Sec. 201. Climate Change Resiliency Fund. Sec. 202. Compliance with Davis-Bacon Act. Sec. 203. Funding. TITLE III—Revenue Sec. 301. Climate Change Obligations. Sec. 302. Promotion. 2. Definitions In this Act: (1) Commission The term Commission (2) Community of color The term community of color (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Eligible entity The term eligible entity (A) a Federal agency; (B) a State or group of States; (C) a unit of local government or a group of local governments; (D) a utility district; (E) a Tribal government or a consortium of Tribal governments; (F) a State or regional transit agency or a group of State or regional transit agencies; (G) a nonprofit organization; (H) a special purpose district or public authority, including a port authority; and (I) any other entity, as determined by the Secretary. (4) Environmental justice community The term environmental justice community (5) Frontline community The term frontline community (6) Fund The term Fund (7) Low-income community The term low-income community (A) an amount equal to 80 percent of the median household 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. (8) Project The term project (9) Qualified climate change adaptation purpose (A) In general The term qualified climate change adaptation purpose (B) Inclusions The term qualified climate change adaptation purpose (i) reducing risks or enhancing resilience to sea level rise, extreme weather events, fires, drought, flooding, heat island impacts, or worsened indoor or outdoor air quality; (ii) protecting farms and the food supply from climate impacts; (iii) reducing risks of food insecurity that would otherwise result from climate change; (iv) ensuring that disaster and public health plans account for more severe weather; (v) reducing risks from geographical change to disease vectors, pathogens, invasive species, and the distribution of pests; and (vi) other projects or activities, as determined to be appropriate by the Commission. (10) Secretary The term Secretary (11) State The term State I Climate Change Advisory Commission 101. Establishment of Climate Change Advisory Commission (a) In general There is established a commission to be known as the Climate Change Advisory Commission (b) Membership The Commission shall be composed of 11 members— (1) who shall be selected from the public and private sectors and institutions of higher education; and (2) of whom— (A) 3 shall be appointed by the President, in consultation with the National Climate Task Force; (B) 2 shall be appointed by the Speaker of the House of Representatives; (C) 2 shall be appointed by the minority leader of the House of Representatives; (D) 2 shall be appointed by the majority leader of the Senate; and (E) 2 shall be appointed by the minority leader of the Senate. (c) Terms Each member of the Commission shall be appointed for the life of the Commission. (d) Initial appointments Each member of the Commission shall be appointed not later than 90 days after the date of enactment of this Act. (e) Vacancies A vacancy on the Commission— (1) shall not affect the powers of the Commission; and (2) shall be filled in the manner in which the original appointment was made. (f) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings The Commission shall meet at the call of the Chairperson. (h) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (i) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. 102. Duties The Commission shall— (1) establish recommendations, frameworks, and guidelines for a Federal investment program funded by revenue from climate change obligations issued under section 301 for eligible entities that— (A) improve and adapt energy, transportation, water, and general infrastructure impacted or expected to be impacted due to climate variability; and (B) integrate best available science, data, standards, models, and trends that improve the resiliency of infrastructure systems described in subparagraph (A); and (2) in consultation with the Council on Environmental Quality and the White House Environmental Justice Interagency Council, identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health, commerce, and ecosystems while ensuring that the Commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations, frameworks, and guidelines established under paragraph (1). 103. Commission personnel matters (a) Compensation of members (1) Non-federal employees A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Federal employees A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (b) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (c) Staff (1) In general The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate such personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Compensation (A) In general Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 (B) Maximum rate of pay The rate of pay for personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. 104. Funding The Commission shall use amounts in the Fund to pay for all administrative expenses of the Commission. 105. Termination The Commission shall terminate on such date as the Commission determines after the Commission carries out the duties of the Commission under section 102. II Climate Change Resiliency Fund 201. Climate Change Resiliency Fund (a) Establishment (1) In general There is established in the Treasury of the United States the Climate Change Resiliency Fund (2) Use of amounts (A) In general The Secretary shall use not less than 40 percent of the amounts in the Fund to fund projects that benefit communities that experience disproportionate impacts from climate change, including environmental justice communities, frontline communities, and low-income communities. (B) Maintenance of effort All amounts deposited in the Fund in accordance with section 301(a) shall only be used— (i) to fund new projects in accordance with this section; and (ii) for administrative expenses of the Commission authorized under section 104. (3) Responsibility of Secretary The Secretary shall take such action as the Secretary determines necessary to assist in implementing the Fund in accordance with this section. (b) Climate change adaptation projects The Secretary, in consultation with the Commission, shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose. (c) Applications (1) In general An eligible entity desiring funds under subsection (b) shall, with respect to a project, submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed, such as— (A) an economic impact; or (B) improvements to public health. (3) Technical assistance The Secretary shall offer technical assistance to eligible entities preparing applications under this subsection. (d) Selection (1) In general The Secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the Commission under section 102. (2) Priority In selecting eligible entities under paragraph (1), the Secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need. (e) Non-Federal funding requirement (1) In general Subject to paragraphs (2) and (3), in order to receive funds under this section, an eligible entity shall provide funds for a project in an amount that is equal to not less than 25 percent of the amount of funds provided under this section. (2) Waiver The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity, especially an eligible entity performing a project benefitting a low-income community or an environmental justice community, if the Secretary determines that— (A) there are no reasonable means available through which the eligible entity can meet the matching requirement; or (B) the probable benefit of the project outweighs the public interest of the matching requirement. (3) No-match projects (A) In general The Secretary shall award not less than 10 percent and not more than 40 percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph (1) shall not apply. (B) Priority The Secretary shall give priority for funding under subparagraph (A) to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change, including— (i) an environmental justice community; (ii) a low-income community; or (iii) a community of color. (f) Applicability of Federal law Nothing in this Act shall be construed to waive the requirements of any Federal law or regulation that would otherwise apply to a project that receives funds under this section. 202. Compliance with Davis-Bacon Act (a) In general All laborers and mechanics employed by contractors and subcontractors on projects funded directly by, or assisted in whole or in part by and through, the Fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. (b) Labor standards With respect to the labor standards described in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 203. Funding To carry out the program under section 201(b), the Secretary, in addition to amounts in the Fund, may use amounts that have been made available to the Secretary and are not otherwise obligated. III Revenue 301. Climate Change Obligations (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate (referred to in this title as the Secretary chapter 31 climate change obligations (b) Full faith and credit Payment of interest and principal with respect to any climate change obligation 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. (c) Exemption from local taxation All climate change obligations issued by the Secretary, and the interest on or credits with respect to such obligations, shall not be subject to taxation by any State, county, municipality, or local taxing authority. (d) Amount of Climate Change Obligations (1) In general Except as provided in paragraph (2), the aggregate face amount of the climate change obligations issued annually under this section shall be $200,000,000. (2) Additional obligations For any calendar year in which all of the obligations issued pursuant to paragraph (1) have been purchased, the Secretary may issue additional climate change obligations during such calendar year, provided that the aggregate face amount of such additional obligations does not exceed $800,000,000. (e) Funding The Secretary shall use funds made available to the Secretary and not otherwise obligated to carry out the purposes of this section. 302. Promotion (a) In general The Secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the Secretary, with the amount expended for such promotion not to exceed $10,000,000 for any fiscal year during the period of fiscal years 2022 through 2026. (b) Donated advertising In addition to any advertising paid for with funds made available under subsection (c), the Secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations. (c) Authorization of appropriations For each fiscal year during the period of fiscal years 2022 through 2026, there is authorized to be appropriated $10,000,000 to carry out the purposes of this section. | Climate Change Resiliency Fund for America Act of 2021 |
Ending Sanctuary Cities Act of 2021 This bill makes state or local governments that violate immigration laws ineligible for federal financial assistance. A governmental entity shall be ineligible if it(1) violates federal law by prohibiting its officials from communicating with the Department of Homeland Security (DHS) about the immigration status of any individual, (2) restricts compliance with DHS detainer requests, or (3) has any laws or policies that violate immigration laws. (A DHS detainer request is an order or request to a state or local government to temporarily hold or transport an alien for transfer into federal custody or notify DHS before releasing an alien from custody.) A government or law enforcement officer that complies with a DHS detainer request shall be acting under the color of federal authority, for the purposes of liability or immunity in a lawsuit filed by the detained individual. The bill makes it unlawful for a state or local government to discharge or discriminate against one of its law enforcement officers for complying with a DHS retainer request. | 117 S875 IS: Ending Sanctuary Cities Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 875 IN THE SENATE OF THE UNITED STATES March 18, 2021 Mr. Kennedy Committee on the Judiciary A BILL To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. 1. Short title This Act may be cited as the Ending Sanctuary Cities Act of 2021 2. Definitions In this Act: (1) The term detainer (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary of Homeland Security before the release of an alien from State or local custody. (2) The term immigration laws 8 U.S.C. 1101 (3) The term unit of local government 34 U.S.C. 10251(a)(3) 3. Ineligibility for Federal grants of certain jurisdictions that violate the immigration laws (a) Ineligible jurisdictions A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government— (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. (b) Annual determination of ineligible jurisdictions Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall— (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal financial assistance A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. 4. Limitation on liability for compliance with detainer A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. 5. Workplace protections for law enforcement Section 15(a) of the Fair Labor Standards Act ( 29 U.S.C. 215(a) (1) in paragraph (5), by striking the period at the end and inserting ; or (2) by adding at the end the following: (6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 2 of the Ending Sanctuary Cities Act of 2021 . | Ending Sanctuary Cities Act of 2021 |
School Food Modernization Act of 2021 This bill provides for loan guarantees and grants to support healthy meals under the National School Lunch Program and School Breakfast Program. The bill directs the Department of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs), school food authorities, tribal organizations, and other eligible entities to finance infrastructure improvements or equipment purchases to facilitate their provision of healthy meals through the school meal programs. USDA must also award competitive matching grants to assist LEAs, school food authorities, tribal organizations, and other eligible entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. USDA must give preference under both programs to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment, and shall establish fees for the loan guarantee program. In addition, USDA must award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to (1) meet or exceed nutrition standards under the school meal programs, and (2) improve the efficacy and efficiency of the school meal programs. | 117 S876 IS: School Food Modernization Act of 2021 U.S. Senate 2021-03-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 876 IN THE SENATE OF THE UNITED STATES March 18, 2021 Ms. Collins Ms. Smith Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes. 1. Short title This Act may be cited as the School Food Modernization Act of 2021 2. Loan guarantees and grants to finance certain improvements to school lunch facilities The Richard B. Russell National School Lunch Act is amended by inserting after section 26 ( 42 U.S.C. 1769g 27. Loan guarantees and grants to finance certain improvements to school lunch facilities (a) Definitions In this section: (1) Durable equipment The term durable equipment (2) Eligible entity The term eligible entity (A) a local educational agency or a school food authority administering or operating a school meal program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure The term infrastructure (4) Local educational agency The term local educational agency 20 U.S.C. 7801 (5) School food authority The term school food authority (6) Tribal organization The term tribal organization 25 U.S.C. 5304 (b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs (1) In general Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will assist the eligible entity in providing healthy meals through the school meal program under this Act. (2) Preferences In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Oversight The Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection. (4) Guarantee amount A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (5) Fees and costs (A) In general The Secretary shall establish fees for loan guarantees under this subsection that, to the maximum extent practicable, are equal to the total cost of the loan guarantees (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) (B) Fee shortfall If the fees established under subparagraph (A) are not equal to the total cost of the loan guarantees described in that subparagraph, the Secretary may use the funds made available under paragraph (6)(A) to pay for the costs of loan guarantees not covered by the fees. (6) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026. (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. (c) Equipment grants (1) In general Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall award competitive grants to State agencies to award subgrants to eligible entities to purchase the durable equipment needed to serve healthy meals, improve food safety, and help support the establishment, maintenance, or expansion of school meal programs. (2) Preferences In awarding a subgrant under this subsection, the State agency shall give preference to an eligible entity that, as compared with other eligible entities seeking a subgrant under this subsection, the State agency determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Authorization of appropriations (A) In general There are authorized to be appropriated such sums as may be necessary to carry out this subsection for each of fiscal years 2022 through 2026. (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. . 3. Training and technical assistance for school food service personnel The Richard B. Russell National School Lunch Act is amended by inserting after section 21 ( 42 U.S.C. 1769b–1 21A. Training and technical assistance for school food service personnel (a) In general The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school meal program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 (b) Criteria for eligible third-Party institutions The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel— (A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or (B) through an online training and assistance program on topics that do not require in-person attendance. (c) Program assistance The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. (d) Federal share (1) In general The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (e) Oversight The Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. (f) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2022 through 2026. (2) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. . 4. Report to Congress Not later than 1 year after funds are made available to carry out the amendments made by this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing the amendments made by this Act. | School Food Modernization Act of 2021 |
Roadless Area Conservation Act of 2021 This bill bars the Department of Agriculture from allowing the construction of roads, the reconstruction of roads, or logging in an inventoried roadless area where those activities are prohibited by the Roadless Rule (i.e., certain federal regulations relating to roadless area management). | 117 S877 IS: Roadless Area Conservation Act of 2021 U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 877 IN THE SENATE OF THE UNITED STATES March 22, 2021 Ms. Cantwell Mr. Blumenthal Mr. Booker Mr. Cardin Mr. Durbin Mrs. Feinstein Mrs. Gillibrand Mr. Heinrich Ms. Hirono Mr. Leahy Mr. Markey Mr. Menendez Mr. Merkley Mrs. Murray Mr. Reed Ms. Rosen Mr. Sanders Ms. Smith Mr. Whitehouse Mr. Wyden Committee on Energy and Natural Resources A BILL To provide lasting protection for inventoried roadless areas within the National Forest System. 1. Short title This Act may be cited as the Roadless Area Conservation Act of 2021 2. Findings and purpose (a) In general Congress finds that— (1) there is a compelling need to establish national protection for inventoried roadless areas of the National Forest System in order to protect the unique social and ecological values of those irreplaceable resources; (2) roadless areas protect healthy watersheds and the numerous benefits of healthy watersheds, which include— (A) providing the setting for many forms of outdoor recreation; (B) ensuring a supply of clean water for domestic, agricultural, and industrial uses; (C) providing drinking water to tens of millions of citizens of the United States; and (D) helping maintain abundant and healthy fish and wildlife populations and habitats; (3) maintaining roadless areas in a relatively undisturbed condition— (A) saves downstream communities millions of dollars in water filtration costs; and (B) is crucial to preserve the flow of affordable, clean water to a growing population; (4) the protection of roadless areas can maintain biological strongholds and refuges for many imperiled species by halting the ongoing fragmentation of the landscape into smaller and smaller parcels of land divided by road corridors; (5) roadless areas conserve native biodiversity by serving as a bulwark against the spread of nonnative invasive species; (6) roadless areas provide important backcountry fish and game habitat, creating opportunities for hunting and commercial and sport fishing; (7) roadless areas provide unparalleled opportunities for outdoor recreation, including hiking, camping, picnicking, wildlife viewing, hunting, fishing, cross-country skiing, canoeing, mountain-biking, and similar activities; (8) while roadless areas may have many wilderness-like attributes, unlike wilderness areas, the use of mechanized means of travel is allowed in many roadless areas; (9) roadless areas contain many sites sacred to Native Americans, Alaska Natives, and other groups that use roadless areas for spiritual and religious practices and access, including customary and traditional uses and activities; (10) from the inception of Federal land management, the mission of the Forest Service has been to manage the National Forest System for multiple uses, including resource utilization, conservation, and other uses; (11) consistent with the multiple-use mission described in paragraph (10), this Act— (A) ensures the continued protection of social and ecological values, while allowing for many multiple uses of inventoried roadless areas; and (B) does not impose any new limitations on— (i) inventoried roadless areas; or (ii) the use of, or access to, National Forest System, State, or private land outside inventoried roadless areas; (12) enacting a law for the protection of inventoried roadless areas— (A) provides additional reliability to areas with recreation-based economies that depend on public land without roads for jobs, revenue, and consumer spending; and (B) encourages forest managers to continue giving priority to conducting fuel reduction treatments in the areas in which the treatments will have the most impact; (13) wildfires are almost twice as likely to occur in roaded areas as in roadless areas, because roadless areas are generally located further away from communities and are harder to access; (14) the Forest Service has an enormous backlog of maintenance needs for the existing 371,581-mile road system of the Forest Service that will cost $3,200,000,000 to eliminate; and (15) continued protection of roadless areas will continue to allow for the development of hydropower projects. (b) Purpose The purpose of this Act is to provide, within the context of multiple-use management, lasting protection for inventoried roadless areas within the National Forest System. 3. Definitions In this Act: (1) Inventoried roadless area The term inventoried roadless area (2) Roadless Rule The term Roadless Rule (3) Secretary The term Secretary 4. Protection of inventoried roadless areas The Secretary shall not allow road construction, road reconstruction, or logging in an inventoried roadless area where those activities are prohibited by the Roadless Rule. | Roadless Area Conservation Act of 2021 |
Stop Illegal Trafficking in Firearms Act of 2021 This bill establishes a federal statutory framework to prohibit straw purchasing of firearms, trafficking in firearms, and related conduct. A violator is subject to criminal and civil penalties, including the seizure and forfeiture of the firearms and ammunition involved in the offense, property constituting or derived from proceeds from the offense, and property used to commit or facilitate the offense. The bill authorizes law enforcement to investigate straw purchasing and trafficking in firearms offenses using wiretaps (i.e., authorized interceptions of wire, electronic, or oral communications) and makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and the federal racketeering statute. | 117 S878 IS: Stop Illegal Trafficking in Firearms Act of 2021 U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 878 IN THE SENATE OF THE UNITED STATES March 22, 2021 Mr. Leahy Ms. Collins Mr. Durbin Committee on the Judiciary A BILL To increase public safety by punishing and deterring firearms trafficking. 1. Short title This Act may be cited as the Stop Illegal Trafficking in Firearms Act of 2021 2. Anti-straw purchasing and firearms trafficking amendments (a) In general Chapter 44 932. Straw purchasing of firearms (a) Definitions For purposes of this section— (1) the term crime of violence (A) has the meaning given that term in section 924(c)(3); and (B) includes a felony offense under the laws of a State that meets the criteria described in subparagraph (A) or (B) of such section 924(c)(3); (2) the term drug trafficking crime (A) has the meaning given that term in section 924(c)(2); and (B) includes a felony punishable under the law of a State for which the conduct constituting the offense would constitute a felony punishable under the Controlled Substances Act ( 21 U.S.C. 801 21 U.S.C. 951 chapter 705 (3) the term Federal crime of terrorism (4) the term purchase (A) by way of pledge or pawn as security for the payment or repayment of money; or (B) on consignment. (b) Violation It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce— (1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or (2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person— (A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; (B) is a fugitive from justice; (C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (D) has been adjudicated as a mental defective or has been committed to any mental institution; (E) is an alien who— (i) is illegally or unlawfully in the United States; or (ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(26) (F) has been discharged from the Armed Forces under dishonorable conditions; (G) having been a citizen of the United States, has renounced his or her citizenship; (H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that— (i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (ii) (I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; (I) has been convicted in any court of a misdemeanor crime of domestic violence; (J) (i) does not reside in any State; and (ii) is not a citizen or lawful permanent resident of the United States; (K) intends to sell or otherwise dispose of the firearm to a person described in any of subparagraphs (A) through (J); or (L) intends to— (i) use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking crime; or (ii) export the firearm in violation of law. (c) Penalty (1) In general Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. (2) Use in crimes of violence If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. (d) Exceptions Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person— (1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm; (2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association; (3) to be given as a bona fide gratuity to a hunting guide; (4) to be given as a bona fide bonus to an employee as the result of lawful services performed in the course of an employment relationship; or (5) to be given as a bona fide commemorative award or honorarium, unless the purchaser knows or has reasonable cause to believe the recipient of the firearm is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. 933. Trafficking in firearms (a) In general It shall be unlawful for any person to— (1) ship, transport, transfer, cause to be transported, or otherwise dispose of any firearm to another person in or otherwise affecting interstate or foreign commerce, if such person knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; (2) receive from another person any firearm in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of any Federal or State law punishable by a term of imprisonment exceeding 1 year; or (3) attempt or conspire to commit the conduct described in paragraph (1) or (2). (b) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. 934. Forfeiture and fines (a) Forfeiture (1) In general Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law— (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (B) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply. (2) Imposition The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). (b) Fines A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of— (1) the fine otherwise authorized by this part; or (2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933. . (b) Title III Section 2516(1)(n) of title 18, United States Code, is amended by striking sections 922 and 924 section 922, 924, 932, or 933 (c) Racketeering amendment Section 1961(1)(B) of title 18, United States Code, is amended by inserting section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms), section 1028 (d) Money laundering amendment Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking section 924(n) section 924(n), 932, or 933 (e) Directive to sentencing commission 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 its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and conforming amendment The table of sections for chapter 44 932. Straw purchasing of firearms. 933. Trafficking in firearms. 934. Forfeiture and fines. . 3. Amendments to section 922( d Section 922(d) of title 18, United States Code, is amended— (1) in paragraph (8), by striking or (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: (10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or (11) intends— (A) to sell or otherwise dispose of the firearm or ammunition in furtherance of a Federal crime of terrorism, a crime of violence, or a drug trafficking offense, as such terms are defined in section 932(a); or (B) to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925. . 4. Amendments to section 924( a Section 924(a) of title 18, United States Code, is amended— (1) in paragraph (2), by striking (d), (g), (2) by adding at the end the following: (8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both. . 5. Amendments to section 924( d Section 924(d) of title 18, United States Code, is amended— (1) in paragraph (1), by inserting 932, or 933, section 924, (2) in paragraph (3)— (A) in subparagraph (E), by striking and (B) in subparagraph (F), by striking the period at the end and inserting ; and (C) by adding at the end the following: (G) any offense under section 932 or 933. . 6. Amendments to section 924( h Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: (h) (1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), or a crime under the Arms Export Control Act ( 22 U.S.C. 2751 50 U.S.C. 1701 21 U.S.C. 1901 (2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932. . 7. Amendments to section 924( k Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: (k) (1) A person who smuggles or knowingly brings into the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that— (A) is punishable under the Controlled Substances Import and Export Act ( 21 U.S.C. 951 chapter 705 (B) constitutes a Federal crime of terrorism, a crime of violence, or a drug trafficking crime (as such terms are defined in section 932(a)), shall be fined under this title, imprisoned for not more than 15 years, or both. (2) A person who smuggles or knowingly takes out of the United States a firearm or ammunition, or attempts or conspires to do so, with intent to engage in or to promote conduct that— (A) would be punishable under the Controlled Substances Import and Export Act ( 21 U.S.C. 951 chapter 705 (B) would constitute a Federal crime of terrorism or a crime of violence (as such terms are defined in section 932(a)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, shall be fined under this title, imprisoned for not more than 15 years, or both. . 8. Prohibition on firearms transfers to agents of drug cartels The Department of Justice, and any of its law enforcement coordinate agencies, shall not conduct or otherwise facilitate the transfer of an operable firearm to an individual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the recipient of the firearm is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 9. Rule of construction Nothing in this Act, or an amendment made by this Act, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms ownership, or firearms transactions or dispositions. | Stop Illegal Trafficking in Firearms Act of 2021 |
Educational Opportunity and Success Act of 2021 This bill reauthorizes through FY2027 and otherwise revises TRIO programs. (These outreach and student-services programs identify and provide services to students from disadvantaged backgrounds.) Among other revisions to the programs, the bill prohibits the Department of Education (ED) from rejecting TRIO grant applications based on certain errors; requires ED to provide additional technical assistance to interested grant applicants; revises the outcome criteria for measuring the quality and effectiveness of the programs, including those programs specifically designed for veterans; allows program administrators to use a student's most recent Free Application for Federal Student Aid to determine TRIO program eligibility; and increases the maximum stipend for students participating in the Upward Bound Program or the Ronald E. McNair Postbaccalaureate Achievement Program. | 117 S883 IS: Educational Opportunity and Success Act of 2021 U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 883 IN THE SENATE OF THE UNITED STATES March 22, 2021 Ms. Collins Mr. Tester Mrs. Capito Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To modify the Federal TRIO programs. 1. Short title This Act may be cited as the Educational Opportunity and Success Act of 2021 2. Program authority and authorization of appropriations for Federal TRIO programs (a) Minimum grants Section 402A(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(b)(3) (1) by striking $200,000 $220,000 (2) by striking $170,000 $190,000 (b) Procedures for awarding grants and contracts Section 402A(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(c) (1) in paragraph (2)(A)— (A) in the subparagraph heading, by striking Prior experience Prior success (B) in the first sentence, by striking prior experience of high quality service delivery prior success in achieving high quality service delivery (C) in the second sentence— (i) by striking prior experience shall not prior success in achieving high quality service delivery shall not (ii) by striking shall not be given prior experience consideration shall not be given such consideration (2) by striking paragraph (8) and inserting the following: (8) Review and notification by the Secretary (A) Guidance Not less than 90 days before the commencement of each competition for a grant under this chapter, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this chapter, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this chapter, including the information described in subparagraph (B). (B) Technical components of applications (i) Establishment and treatment of nonsubstantive technical components of applications With respect to any competition for a grant under this chapter, the Secretary may only establish voluntary page limit and formatting requirements for grant applications and may not reject grant applications that do not meet those voluntary requirements. The Secretary may suggest page limits and formatting standards, (including with respect to font size, font style, font type, line spacing, paragraph justification, and page margins), but may not use noncompliance with these suggested requirements as a basis to reject or penalize grant applications. (ii) Identification and treatment of technical budget errors in applications (I) In general With respect to any competition for a grant under this chapter, the Secretary may not reject or penalize grant applications on the basis of a typographical or rounding error in a proposed budget until the Secretary has given the applicant an opportunity for correction in accordance with subclause (II). (II) Notice and opportunity for correction The Secretary shall provide notice and identification of an error described in subclause (I) by email and phone to the applicant before awarding grants for each competition. During a period of not fewer than 14 days, the Secretary shall allow the applicant to submit a revised application that corrects the identified error. (III) Treatment of revised applications The Secretary shall treat the revised application in the same manner as a timely submitted application. (IV) Failure to correct If an applicant has received a notice and opportunity for correction of a typographical or rounding error in a proposed budget in accordance with subclause (II) and the applicant fails to correct the error and submit a revised application before the deadline described in that subclause, the Secretary may reject or penalize that grant application. (C) Review (i) Request for review With respect to any competition for a grant under this chapter, an applicant may request a review if the applicant— (I) has evidence that a specific technical, administrative, or scoring error was made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and (II) has otherwise met all of the requirements for submission of the application. (ii) Error made by the Department In the case of evidence of error by the Department or an agent of the Department, other than a peer reviewer, the Secretary shall review any evidence submitted by the applicant and provide a timely response to the applicant. If the Secretary determines that an error was made by the Department or an agent of the Department, other than a peer reviewer, the Secretary shall correct the error and accordingly adjust the applicant score. (iii) Error made by a peer reviewer (I) In general In the case of evidence of error by a peer reviewer, a secondary review panel shall automatically and promptly evaluate the application for consideration in the applicable grant competition upon receipt of a request by any such applicant. Examples of errors warranting secondary review may include— (aa) points withheld for criteria not required in statute, regulation, or guidance governing a program under this chapter or the application for a grant for such program; or (bb) information pertaining to selection criteria that was incorrectly determined to be missing from an application. (II) Timely review and replacement score The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review. (III) Composition of secondary review panel The secondary review panel shall be composed of reviewers each of whom— (aa) did not review the application in the original peer review; (bb) is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and (cc) to the extent practicable, has conducted peer reviews in not less than 2 previous competitions for the grant program that is the subject of such secondary review. (IV) Final score The final peer review score of an application subject to a secondary review under this clause shall promptly be adjusted appropriately using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition. (iv) Finality (I) In general A determination by the Secretary under clause (ii) shall not be reviewable by any officer or employee of the Department other than the Secretary. (II) Scoring The score awarded by a secondary review panel under clause (iii) shall not be reviewable by any officer or employee of the Department other than the Secretary. (v) Funding of applications with certain adjusted scores Applications with scores that are adjusted upward under clause (ii) or (iii) that equal or exceed the minimum cut-off score for the applicable grant competition shall be funded by the Secretary using general or administrative funds available to the Secretary other than those funds appropriated or allocated for the programs authorized by this chapter. . (c) Outreach Section 402A(d)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(d)(3) The Secretary shall also host at least one virtual, interactive training using telecommunications technology to ensure that interested applicants have access to technical assistance. (d) Documentation of status as a low-Income individual Section 402A(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(e) (1) in paragraph (1)— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) documentation that the student has been determined to be eligible for a Federal Pell Grant under section 401; or (F) for grants authorized under section 402B and 402F of this chapter, documentation that a student is attending a school that had a percentage of enrolled students who are identified students (as defined in section 11(a)(1)(F)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F)(i) ; and (2) in paragraph (2)— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) documentation that the student has been determined to be eligible for a Federal Pell Grant under section 401; or (F) for grants authorized under section 402B and 402F of this chapter, documentation that a student is attending a school that had a percentage of enrolled students who are identified students (as defined in section 11(a)(1)(F)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F)(i) . (e) Outcome criteria Section 402A(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(g) (1) in paragraph (1)— (A) in the paragraph heading, by striking prior experience prior success (B) by striking January 1, 2009 the date of enactment of the Educational Opportunity and Success Act of 2021 (C) by striking prior experience of prior success in achieving (2) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (iv), by striking that will make such students eligible for programs such as the Academic Competitiveness Grants Program that includes at least 4 years of mathematics, 3 years of science, and 2 years of a foreign language (ii) by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively; and (iii) inserting after clause (iv), the following: (v) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admissions applications ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting except in the case of programs that are specifically designed for veterans, 402C (ii) in clause (v), by striking that will make such students eligible for programs such as the Academic Competitiveness Grants Program that includes at least 4 years of mathematics, 3 years of science, and 2 years of a foreign language (iii) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and (iv) inserting after clause (v), the following: (vi) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admissions applications; ; (C) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; (D) by inserting after subparagraph (B) the following: (C) For programs authorized under section 402C that are specifically designed for veterans, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding— (i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period of the program; (ii) such students’ academic performance as measured by standardized tests; (iii) the retention and completion of participants in the program; (iv) the provision of assistance to students served by the program in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admission applications; (v) the enrollment of such students in an institution of higher education; and (vi) to the extent practicable, the postsecondary completion of such students; ; (E) in subparagraph (D), as redesignated by subparagraph (C), by striking clause (ii) and inserting the following: (ii) (I) in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the entity met or exceeded the entity's objectives regarding the percentage of such students' completion of a baccalaureate degree at any baccalaureate granting institution within 6 years of initial enrollment in the project; or (II) in the case of an entity that is an institution of higher education that does not offer a baccalaureate degree, the extent to which such students met or exceeded— (aa) the entity’s objective regarding the transfer of such students to institutions of higher education that offer baccalaureate degrees, regardless of whether the transferring student completes a degree or certificate; and (bb) the entity’s objective regarding the completion of a degree or certificate by such students at the institution or any accredited institution within 4 years of initial enrollment in the project; ; (F) by amending subparagraph (E), as redesignated by subparagraph (C), to read as follows: (E) For programs authorized under section 402E, the extent to which the entity met or exceeded— (i) the entity’s objective regarding the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; (ii) the entity’s objective regarding the provision of appropriate scholarly and research activities for the students served by the program; (iii) the entity’s objective regarding the acceptance and enrollment of such students in graduate programs within 2 years of receiving the baccalaureate degree; (iv) the entity’s objective regarding the continued enrollment of such students in graduate study; and (v) the entity’s objective regarding the attainment of doctoral degrees by former program participants within 10 years of receiving the baccalaureate degree. ; and (G) in subparagraph (F), as redesignated by subparagraph (C)— (i) in clause (i), by inserting within 2 years of participation in the program such diploma or equivalent (ii) in clause (ii), by inserting or re-enrollment the enrollment (f) Authorization of appropriations Section 402A(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(g) (g) Authorization of appropriations For the purpose of making grants and contracts under this chapter, there are authorized to be appropriated $1,100,000,000 for fiscal year 2022 and such sums as may be necessary for each of the five succeeding fiscal years. Of the amount appropriated under this chapter, the Secretary may use no more than 1 percent of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight monitoring, to support impact studies, program assessments, and reviews, and to provide technical assistance to potential applicants and current grantees. . (g) Definitions Section 402A(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(h) (4) Low-income individual The term low-income individual (A) an individual from a family whose adjustable gross income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census; (B) an individual from a family whose adjustable gross income, as reported on the individual's most recently completed Free Application for Federal Student Aid, did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census for that year; (C) an individual who has been determined to be eligible for a Federal Pell Grant under section 401; or (D) for grants authorized under section 402B and 402F of this chapter, a student who is attending a school that had a percentage of enrolled students who are identified students (as defined in section 11(a)(1)(F)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F)(i) . 3. Upward Bound Section 402C(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–13(f) (1) by striking $60 $90 (2) by striking $300 $450 (3) by striking $40 $60 (4) by adding at the end the following: Adults participating in a project that is specifically designed for veterans under this section may be paid stipends not in excess of $100 per month during the year. 4. Postbaccalaureate achievement program authority Section 402E of the Higher Education Act of 1965 (20 USC 1070a–15) is amended— (1) in subsection (b)(2), by striking summer internships internships or faculty-led research experiences (2) in subsection (d)(4), by striking summer research internships research internships or faculty-led research experiences (3) in subsection (f)(1), by striking $2,800 $4,000 | Educational Opportunity and Success Act of 2021 |
Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers. For certain unaccompanied inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution, the Department of Homeland Security (DHS) shall repatriate the child. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate. When HHS releases an unaccompanied child to an individual, it shall provide DHS with certain information about that individual, including Social Security number and immigration status. The bill amends the definition of credible fear of persecution to require that such fear can be established by statements that are more probable than not. The bill also imposes certain rules relating to credible fear interviews, including requirements for recordings and interpreters. If an alien is granted asylum because of fear of persecution in a country, the alien shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions. The bill also (1) expands the definition of what constitutes a frivolous asylum application, (2) imposes additional limitations on eligibility for asylum, (3) shortens the deadline for applying for asylum, and (4) extends the time period an alien seeking asylum must wait before receiving employment authorization. Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both. | 117 S884 IS: Stopping Border Surges Act U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 884 IN THE SENATE OF THE UNITED STATES March 22, 2021 Mr. Lee Mrs. Blackburn Mr. Tuberville Ms. Ernst Committee on the Judiciary A BILL To close loopholes in the immigration laws that serve as incentives to aliens to attempt to enter the United States unlawfully, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Stopping Border Surges Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Unaccompanied Alien Children Sec. 101. Repatriation of unaccompanied alien children. Sec. 102. Clarification of standards for family detention. Sec. 103. Special immigrant juvenile status for immigrants unable to reunite with either parent. Title II—Asylum Reform Sec. 201. Credible fear interviews. Sec. 202. Jurisdiction of asylum applications. Sec. 203. Recording expedited removal and credible fear interviews. Sec. 204. Safe third country. Sec. 205. Renunciation of asylum status pursuant to return to home country. Sec. 206. Notice concerning frivolous asylum applications. Sec. 207. Anti-fraud investigative work product. Sec. 208. Clarification of asylum eligibility. Sec. 209. Application timing. Sec. 210. Clarification of burden of proof. Sec. 211. Additional exception. Sec. 212. Clarification regarding employment eligibility. Sec. 213. Penalties for asylum fraud. Sec. 214. Statute of limitations for asylum fraud. Sec. 215. Technical amendments. I Unaccompanied Alien Children 101. Repatriation of unaccompanied alien children (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (1) in subsection (a)— (A) in paragraph (2)— (i) by amending the heading to read as follows: Rules for unaccompanied alien children.— (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States (II) in clause (i), by inserting and (III) in clause (ii), by striking ; and (IV) by striking clause (iii); (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ( 8 U.S.C. 1101 ( 8 U.S.C. 1101 (II) in clause (i), by inserting before permit such child to withdraw may (III) in clause (ii), by inserting before return such child shall (iv) in subparagraph (C)— (I) by amending the heading to read as follows: Agreements with foreign countries.— (II) in the matter preceding clause (i), by striking The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate (B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively, and inserting after paragraph (2) the following: (3) Special rules for interviewing unaccompanied alien children An unaccompanied alien child shall be interviewed by an immigration officer with specialized training in interviewing child trafficking victims. ; and (C) in paragraph (6)(D) (as so redesignated)— (i) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), who does not meet the criteria listed in paragraph (2)(A) (ii) in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A) (ii) in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A) (B) in paragraph (3), by striking an unaccompanied alien child in custody shall an unaccompanied alien child in custody— (A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or (B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and (3) in subsection (c)— (A) in paragraph (3), by inserting at the end the following: (D) Information about individuals with whom children are placed (i) Information to be provided to Homeland Security Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: (I) The name of the individual. (II) The social security number of the individual, if available. (III) The date of birth of the individual. (IV) The location of the individual’s residence where the child will be placed. (V) The immigration status of the individual, if known. (VI) Contact information for the individual. (ii) Special rule In the case of a child who was apprehended on or after the effective date of this clause, and before the date of the enactment of this subparagraph, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after such date of enactment. ; and (B) in paragraph (5)— (i) by inserting after to the greatest extent practicable (at no expense to the Government) (ii) by striking have counsel to represent them have access to counsel to represent them (b) Effective date The amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date of enactment. 102. Clarification of standards for family detention (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (j) Construction (1) In general Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, the detention of any alien child who is not an unaccompanied alien child shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (2) Release of minors other than unaccompanied aliens In no circumstances shall an alien minor who is not an unaccompanied alien child be released by the Secretary of Homeland Security other than to a parent or legal guardian, who is lawfully present in the United States. (3) Family detention The Secretary of Homeland Security shall— (A) maintain the care and custody of an alien, during the period during which the charges described in clause (i) are pending, who— (i) is charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) (ii) entered the United States with the alien’s child who has not attained 18 years of age; and (B) detain the alien with the alien’s child. . (b) Sense of Congress It is the sense of Congress that the amendments in this section to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to all actions that occur before, on, or after the date of the enactment of this Act. (d) Preemption of State licensing requirements Notwithstanding any other provision of law, judicial determination, consent decree, or settlement agreement, no State may require that an immigration detention facility used to detain children who have not attained 18 years of age, or families consisting of one or more of such children and the parents or legal guardians of such children, that is located in that State, be licensed by the State or any political subdivision thereof. 103. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) (1) in clause (i), by striking , and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law (2) in clause (iii)— (A) by striking and (B) by inserting and (C) by adding at the end the following: (III) an alien may not be granted special immigrant juvenile status under this subparagraph if his or her reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law; . II Asylum Reform 201. Credible fear interviews Section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) claim claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien’s claim are true. 202. Jurisdiction of asylum applications Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 203. Recording expedited removal and credible fear interviews (a) In general The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (b) Credible fear interview checklists The Secretary of Homeland Security shall provide a checklist of standard questions and concepts to be addressed in all interviews under section 235(b) to immigration officers exercising decision-making authority in such interviews. Such checklists shall be routinely updated to include relevant changes to law and procedures and shall, at a minimum, require that all immigration officers utilizing such checklists provide concise justifications of their decision regardless of whether credible fear was or was not established. (c) Factors relating to sworn statements Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) (d) Interpreters The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien. (e) Recordings in immigration proceedings There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien. (f) No private right of action Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding. 204. Safe third country Section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) (1) by striking if the Attorney General determines if the Attorney General or the Secretary of Homeland Security determines— (2) by striking that the alien may be removed (i) that the alien may be removed ; (3) by striking removed, pursuant to a bilateral or multilateral agreement, to removed to (4) by inserting , on a case by case basis, finds that (5) by striking the period at the end and inserting ; or (6) by adding at the end the following: (ii) that the alien entered, attempted to enter, or arrived in the United States after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, unless— (I) the alien demonstrates that he or she applied for protection from persecution or torture in at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States, and the alien received a final judgement denying the alien protection in each country; (II) the alien demonstrates that he or she was a victim of a severe form of trafficking in which a commercial sex act was induced by force, fraud, or coercion, or in which the person induced to perform such act was under the age of 18 years; or in which the trafficking included the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, and was unable to apply for protection from persecution in all countries that alien transited en route to the United States as a result of such severe form of trafficking; or (III) the only countries through which the alien transited en route to the United States were, at the time of the transit, not parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. . 205. Renunciation of asylum status pursuant to return to home country (a) In general Section 208(c) of the Immigration and Nationality Act ( 8 U.S.C. 1158(c) (4) Renunciation of status pursuant to return to home country (A) In general Except as provided in subparagraph (B), any alien who is granted asylum status under this Act, who, absent changed country conditions, subsequently returns to the country of such alien’s nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated. (B) Waiver The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return. . (b) Conforming amendment Section 208(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(c)(3) paragraph (2) or (4) 206. Notice concerning frivolous asylum applications (a) In general Section 208(d)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(4) (1) in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or the Attorney General (2) in subparagraph (A), by striking and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and (3) in subparagraph (B), by striking the period and inserting ; and (4) by adding at the end the following: (C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application. . (b) Conforming amendment Section 208(d)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(6) If the (A) If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application. (B) An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that— (i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appear in order to pursue Cancellation of Removal under section 240A(b); or (ii) any of the material elements are knowingly fabricated. (C) In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. (D) For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture. . 207. Anti-fraud investigative work product (a) Asylum credibility determinations Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B)(iii) all relevant factors , including statements made to, and investigative reports prepared by, immigration authorities and other government officials (b) Relief for removal credibility determinations Section 240(c)(4)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4)(C) all relevant factors , including statements made to, and investigative reports prepared by, immigration authorities and other government officials 208. Clarification of asylum eligibility (a) In general Section 208(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(A) section 101(a)(42)(A) and is eligible to apply for asylum under subsection (a) (b) Place of arrival Section 208(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(1) (1) by striking or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), (2) by inserting after United States and has arrived in the United States at a port of entry, 209. Application timing Section 208(a)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(B) 1 year 6 months 210. Clarification of burden of proof Section 208(b)(1)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B)(i) at least one the 211. Additional exception Section 208(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A) (1) in clause (v), by striking or (2) in clause (vi), by striking the period and inserting ; or (3) by adding at the end the following: (vii) there are reasonable grounds for concluding the alien could avoid persecution by relocating to another part of the alien’s country of nationality or, if stateless, another part of the alien’s country of last habitual residence. . 212. Clarification regarding employment eligibility Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) (1) by striking 180 days 1 year (2) by inserting and the authorization shall expire 6 months after the date of issuance 213. Penalties for asylum fraud Section 1001 of title 18, United States Code, is amended by inserting at the end of the paragraph— (d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully— (1) makes any materially false, fictitious, or fraudulent statement or representation; or (2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, shall be fined under this title or imprisoned not more than 10 years, or both. . 214. Statute of limitations for asylum fraud Section 3291 of title 18, United States Code, is amended— (1) by striking 1544, 1544, and section 1546, (2) by striking offense. offense or within 10 years after the fraud is discovered. 215. Technical amendments Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) in subsection (a)— (A) in paragraph (2)(D), by inserting Secretary of Homeland Security or the Attorney General (B) in paragraph (3), by inserting Secretary of Homeland Security or the Attorney General (2) in subsection (b)(2), by inserting Secretary of Homeland Security or the Attorney General (3) in subsection (c)— (A) in paragraph (1), by striking Attorney General Secretary of Homeland Security (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting Secretary of Homeland Security or the Attorney General (C) in paragraph (3), by inserting Secretary of Homeland Security or the Attorney General (4) in subsection (d)— (A) in paragraph (1), by inserting Secretary of Homeland Security or the Attorney General (B) in paragraph (2), by striking Attorney General Secretary of Homeland Security (C) in paragraph (5)— (i) in subparagraph (A), by striking Attorney General Secretary of Homeland Security (ii) in subparagraph (B), by inserting Secretary of Homeland Security or the Attorney General | Stopping Border Surges Act |
Success for Rural Students and Communities Act of 2021 This bill establishes a grant program through which the Department of Education may award funds to eligible partnerships to support rural postsecondary education and economic growth and development in rural communities. A grant recipient must be a partnership whose members represent at least three designated types of organizations, specifically (1) a local educational agency or educational service agency serving a rural area, (2) an institution of higher education (IHE), (3) a regional economic development entity, or (4) a rural community-serving organization with demonstrated success supporting rural students in accessing higher education and attaining degrees. A grant recipient must use awarded funds to carry out no fewer than two specified activities, namely (1) improving postsecondary enrollment rates for rural secondary school students, (2) increasing enrollment and completion rates of rural nontraditional students in degree programs at IHEs, (3) creating or strengthening academic programs at rural-serving IHEs to prepare graduates to enter into high-need occupations in the regional and local economies, or (4) generating local and regional economic development that creates employment opportunities for rural students with postsecondary degrees. | 117 S885 IS: Success for Rural Students and Communities Act of 2021 U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 885 IN THE SENATE OF THE UNITED STATES March 22, 2021 Ms. Collins Ms. Hassan Mr. Cornyn Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To establish a rural postsecondary and economic development grant program. 1. Short title This Act may be cited as the Success for Rural Students and Communities Act of 2021 2. Rural postsecondary and economic development grant program Part Q of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161q 862. Rural postsecondary and economic development grant program (a) Purposes The purposes of this section are to— (1) increase enrollment and graduation rates of secondary school graduates and nontraditional students from rural areas at 2-year and 4-year institutions of higher education, their articulation from 2-year degree programs into 4-year degree programs, and their attainment of market-relevant credentials and certificates; (2) ensure rural communities benefit from their students’ success by advancing rural economic development and cultivation of a skilled local workforce with employment opportunities for college graduates; (3) promote economic growth and development in the rural United States through partnership grants to consortia of rural serving institutions of higher education, local educational agencies, and regional economic development entities; (4) foster innovation and development of effective practices, identify and document effective practices for the purpose of continuous quality improvement, and ensure that additional rural areas benefit from innovations through dissemination of practices that are most effective in rural areas; and (5) foster elevated levels of investment in rural students and communities by State, private sector, and philanthropic partners. (b) Definitions For the purposes of this section: (1) Nontraditional student The term nontraditional student (A) delays enrollment in an institution of higher education by 3 or more years after secondary school graduation; (B) attends an institution of higher education part-time; or (C) attends an institution of higher education and— (i) works full-time; (ii) is an independent student, as defined in section 480; (iii) has 1 or more dependents other than a spouse; (iv) is a single parent or is the primary caregiver for a family member; (v) is aging out of foster care; (vi) has been involved in the juvenile justice system or the adult criminal justice system; or (vii) is in recovery from a substance use disorder. (2) Regional economic development entity The term regional economic development entity (3) Rural area The term rural area (4) Rural serving institution of higher education The term rural serving institution of higher education (c) Eligible Partnership (1) Eligible partnership A partnership eligible to apply for a grant and carry out activities under this section (referred to in this section as an eligible partnership (A) A local educational agency or educational service agency (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965) serving a rural area. (B) An institution of higher education. (C) A regional economic development entity. (D) A rural community-serving organization, including a philanthropy, with demonstrated success supporting rural students in accessing higher education and attaining 2-year or 4-year degrees, including supporting students articulating from a 2-year to a 4-year college. (2) Optional partners Other organizations serving rural students, families, or communities, including agencies of Tribal, State, or local government, community action agencies, or other non-governmental agencies, and local elected officials may participate in the eligible partnership as optional partners. (3) Lead applicant Any required partner in an eligible partnership described in paragraph (1) may be designated by the eligible partnership to serve as the lead applicant and submit a competitive application on behalf of the eligible partnership of which that partner entity is a member. (4) Limitation No more than 1 partner may submit a grant application under this section on behalf of an eligible partnership. (d) Grants authorized (1) In general From amounts made available under subsection (j), the Secretary may award grants, on a competitive basis, to eligible partnerships to carry out the activities described in subsection (f). (2) Duration A grant awarded under this section shall be awarded for a period of not less than 5 years and not more than 9 years. (3) Minimum grants A grant awarded under this section shall be in an amount not less than $1,000,000. (e) Applications (1) In General Each eligible partnership desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the most potential and propose the most promising and innovative approaches for— (A) increasing the number and percentage of graduates from rural secondary schools who enroll in and graduate from institutions of higher education; (B) increasing the number of market-relevant credentials and certificates awarded to students in rural communities; (C) meeting the employment needs of regional employers; (D) strengthening the regional economy of a rural area; (E) utilizing Labor Market Information data to determine regional job growth opportunities and connect that information to education and other partners; and (F) creating shared data systems accessible to all partners. (f) Match As part of the application, each eligible partnership applying for a grant under this section shall secure and document commitments of matching funds, in cash or in kind, totaling not less than 20 percent of the amount of grant funding that the eligible partnership is requesting in the application. Matching funds may be contributed from any non-Federal source, including a State, local, private, nonprofit, or philanthropic source. (g) Use of funds An eligible partnership that receives a grant under this section shall use grant and matching funds to carry out not less than 2 of the following 4 activities: (1) Improving postsecondary enrollment rates for rural secondary school students by providing supports to students, beginning as early as middle school, but in no case later than grade 11, and continuing through completion of postsecondary education. Such supports may include— (A) providing students and families with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsecondary education; (B) providing students at rural high schools, and their families, with exposure and access to campuses, courses, programs, and internships of institutions of higher education, including covering the cost of transportation to and from such institutions; (C) providing students of rural high schools exposure and access to courses offering dual or concurrent enrollment that will earn credits towards postsecondary degrees, credentials, or certificates; (D) supporting early connectivity to regional employment opportunities for rural students, including early opportunities for career exploration and exposure, expanding career counseling and opportunities for work-based learning experiences, opportunities available through career and technical education schools, and designing and implementing college and career pathways in secondary schools that align to local labor market demands; (E) supporting the transition of students from high school to postsecondary education; (F) supporting students in completing their postsecondary degree or credential; (G) supporting the transition of students articulating from 2-year degree programs to 4-year degree programs; and (H) other initiatives that assist students and families in developing interest in, applying for, attending, and graduating from rural serving institutions of higher education. (2) Increasing enrollment and completion rates of rural nontraditional students in degree programs at institutions of higher education, which may include— (A) programs to provide nontraditional students with counseling related to applying for postsecondary education, and Federal and State financial assistance for postsecondary education; (B) community outreach initiatives to encourage nontraditional students to enroll in an institution of higher education; (C) programs to increase rural nontraditional student persistence in and completion of postsecondary education; or (D) programs to improve the enrollment of nontraditional students in 2-year degree programs and the transition of nontraditional students articulating from 2-year degree programs to 4-year degree programs. (3) Creating or strengthening academic programs at rural serving institutions of higher education to prepare graduates to enter into high-need occupations in the regional and local economies, and to provide additional career training to such students in fields relevant to the regional economy. Such activities may include— (A) developing and expanding work-based learning opportunities, such as apprenticeships or paid internships, including covering the cost of transportation or the cost of internet access for virtual opportunities; (B) establishing policies and processes for assessing and awarding course credit for prior learning; (C) developing and expanding programs that accelerate learning and recognized postsecondary credential attainment, including competency-based education, corequisite remediation, and other strategies for acceleration; (D) developing and expanding efficient career pathways to credentials, including the development of stackable credentials and integrated education and training strategies; (E) working with local boards on the use of labor market information for making program decisions; or (F) engaging employers in the development of programs and curricula. (4) Generating local and regional economic development that creates employment opportunities for rural students with postsecondary degrees, which may include— (A) promoting and incentivizing remote work opportunities to connect local talent with non-local employers; (B) supporting entrepreneurship as a part of career pathways in secondary school and postsecondary academic and career programs; (C) developing strategies to address transportation and internet connectivity gaps that create barriers to employment opportunities in rural areas; (D) designing and implementing marketing efforts to attract employers and talent to the region or community; or (E) developing strategies to identify start-up funding for local entrepreneurs. (h) Technical assistance The Secretary may reserve not more than 5 percent of funds authorized to be appropriated to carry out this section to provide technical assistance to assist eligible partnerships in preparing and submitting successful applications, and to support grantees in the successful implementation of grant awards under this section. (i) Research, evaluation, and dissemination of promising practices (1) Ongoing data collection and research The Secretary shall reserve not less than 10 percent of the amount appropriated to carry out this section for the purpose of— (A) ongoing data collection and research to— (i) identify innovative practices that improve attainment of market-relevant credentials, certificates, and degrees for rural students; or (ii) enhance rural economic development that results in employment opportunities for graduates of postsecondary education in rural areas; and (B) dissemination of the findings related to that data collection and research on a regular basis throughout the duration of the grant period. (2) Data collection and research by grantees At the Secretary’s discretion, data collection and research under this subsection may be conducted by eligible partnerships. (3) Purpose; prohibited use (A) In General The purpose of data collection and research under this subsection shall be to identify, document, and disseminate effective practices throughout the duration of the grant period in order to support continuous quality improvement of programs funded under this section. (B) Prohibited use To incentivize innovation, experimentation, and collaboration, findings that result from data collection and research under this subsection shall not be used for the purpose of denying subsequent applications for Federal funds. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2022 and each of the 5 succeeding fiscal years. . | Success for Rural Students and Communities Act of 2021 |
National Child Abuse Help Hotline Act of 2021 This bill provides for a grant to establish and operate a National Child Abuse Hotline that makes available assistance and information services 24 hours a day to victims of child abuse or neglect, their families, caregivers, and individuals required by law to report suspected child abuse or neglect. The Department of Health and Human Services may award the grant to a nonprofit entity with experience operating a hotline and providing such assistance and support. | 117 S886 IS: National Child Abuse Help Hotline Act of 2021 U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 886 IN THE SENATE OF THE UNITED STATES March 22, 2021 Ms. Collins Ms. Sinema Committee on Health, Education, Labor, and Pensions A BILL To establish a National Child Abuse Hotline. 1. Short title This Act may be cited as the National Child Abuse Help Hotline Act of 2021 2. National Child Abuse Hotline (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Eligibility To be eligible to receive the grant under subsection (a), an entity shall have experience in operating a hotline that provides information and assistance to victims of child abuse or neglect, and to parents, caregivers, and mandated reporters. (c) Application To be eligible to receive a grant under subsection (a), a nonprofit entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may require, and containing— (1) a complete description of the entity’s plan for the operation of a national child abuse hotline, including descriptions of— (A) the qualifications for hotline personnel; (B) the professional development program for hotline personnel, including technology professional development to ensure that all individuals affiliated with the hotline are able to operate the technological systems used by the hotline; (C) the methods for the creation, maintenance, and updating of a comprehensive database of prevention and treatment services resources; (D) a plan for publicizing the availability of the hotline throughout the United States; (E) a plan for providing service to non-English speaking callers, including service through hotline personnel who have non-English language capability; (F) a plan for facilitating access to the hotline and alternative modality services by individuals with hearing impairments and disabilities; (G) a plan for providing crisis counseling, general assistance, and referrals to youth victims of child abuse; and (H) a plan for utilizing available communications technologies other than the telephone hotline, as appropriate, such as texting or live chat; (2) information to demonstrate that the entity— (A) has the capacity and the expertise to maintain a child abuse and neglect hotline; (B) has the ability to provide information and referrals for contacts, directly connect contacts to such service providers, and employ crisis interventions; and (C) complies with Federal and State privacy laws and has established quality assurance practices; and (3) such other information, assurances, and agreements as the Secretary may require. (d) Authorization of appropriations For purposes of carrying out this section, there are authorized to be appropriated $2,000,000 for each of fiscal years 2022 through 2026. | National Child Abuse Help Hotline Act of 2021 |
VA Supply Chain Resiliency Act This bill addresses the Department of Veterans Affairs (VA) supply chain processes, particularly during emergency periods. The bill requires the VA to submit a report containing a description of the items and quantities of items that are critical with respect to the VA's ongoing response to the COVID-19 (i.e., coronavirus disease 2019) pandemic and future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. The VA and the Department of Defense (DOD) must enter into an agreement to provide for the participation of the VA in the Warstopper Program of the Defense Logistics Agency (DLA) of DOD. The Warstopper Program was established to satisfy requirements for sudden and sustained increases in production of critical industrial and medical items. Under such an agreement, the DLA must ensure the maintenance and stability of the items the VA identifies as critical in its report (and that the VA and DOD determine are appropriate for the program), establish guidance for the participation of the VA in the program, and use existing and new contracts and agreements to reserve the supply of critical items. Finally, the VA must ensure it does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs during epidemic, pandemic, emergency, national emergency, or natural disaster situations. | 117 S887 IS: VA Supply Chain Resiliency Act U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 887 IN THE SENATE OF THE UNITED STATES March 22, 2021 Mr. Moran Mr. Tester Committee on Veterans' Affairs A BILL To make certain improvements relating to the supply chain of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the VA Supply Chain Resiliency Act 2. Department of Veterans Affairs supply chain resiliency (a) Report on critical items and requirements Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing each of the following: (1) A description of the items and types of items the Secretary considers critical with respect to— (A) the ongoing response to the Coronavirus 2019 (COVID–19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. (2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. (3) The anticipated quantities of the items described in paragraph (1) that would be necessary under potential epidemic, pandemic, emergency, national emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes. (4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). (b) Participation in Warstopper Program (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the Warstopper Program (2) Requirements Pursuant to the agreement under paragraph (1), the Defense Logistics Agency shall— (A) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Veterans Affairs and the Secretary of Defense determine are appropriate for the Warstopper Program; (B) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and (C) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items. (c) Report on implementation (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of this section. (2) Contents The report submitted under paragraph (1) shall contain each the following: (A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. (B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)— (i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program and in regional, physical inventories; and (ii) justifications for the method or methods identified under clause (i). (3) Updates to report The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under such paragraph and submit such updates to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. (d) Prohibition on exclusive reliance on regional inventories The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations. | VA Supply Chain Resiliency Act |
Prescription Drug Monitoring Act of 2021 This bill imposes, as a condition on certain federal funding for the Prescription Drug Monitoring Program (PDMP), additional notification and reporting requirements concerning prescriptions for potentially addictive drugs. States or territories that receive this funding must require prescribers to consult the PDMP before starting treatment with such drugs, and dispensers to report within 24 hours to the PDMP each time they fill a prescription for such drugs. In addition, the state agency administering a PDMP must analyze reported data for patterns of prescription drug misuse or abuse and provide certain information to prescribers, law enforcement, the public, and other states and territories. | 117 S889 IS: Prescription Drug Monitoring Act of 2021 U.S. Senate 2021-03-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 889 IN THE SENATE OF THE UNITED STATES March 22, 2021 Ms. Klobuchar Mr. Portman Mr. King Mr. Manchin Committee on Health, Education, Labor, and Pensions A BILL To require the use of prescription drug monitoring programs. 1. Short title This Act may be cited as the Prescription Drug Monitoring Act of 2021 2. Requiring the use of prescription drug monitoring programs (a) Definitions In this section: (1) Controlled substance The term controlled substance 21 U.S.C. 802 (2) Covered State The term covered State Public Law 107–77 42 U.S.C. 280g–3 (3) Dispenser The term dispenser (A) means a person licensed or otherwise authorized by a State to deliver a prescription drug product to a patient or an agent of the patient; and (B) does not include a person involved in oversight or payment for prescription drugs. (4) PDMP The term PDMP (5) Practitioner The term practitioner 21 U.S.C. 823(f) (6) State The term State (b) Requirements Beginning 1 year after the date of enactment of this Act, each covered State shall require— (1) each prescribing practitioner within the covered State or their designee, who shall be licensed or registered healthcare professionals or other employees who report directly to the practitioner, to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (2) the PDMP of the covered State to provide proactive notification to a practitioner when patterns indicative of controlled substance misuse, including opioid misuse, are detected; (3) each dispenser within the covered State to report each prescription for a controlled substance dispensed by the dispenser to the PDMP not later than 24 hours after the controlled substance is dispensed to the patient; (4) that the PDMP make available a quarterly de-identified data set and an annual report for public and private use, including use by healthcare providers, health plans and health benefits administrators, State agencies, and researchers, which shall, at a minimum, meet requirements established by the Attorney General, in coordination with the Secretary of Health and Human Services; (5) each State agency that administers the PDMP to— (A) proactively analyze data available through the PDMP; and (B) provide reports to law enforcement agencies and prescriber licensing boards describing any prescribing practitioner that repeatedly fall outside of expected norms or standard practices for the prescribing practitioner’s field; and (6) that the data contained in the PDMP of the covered State be made available to other States. (c) Noncompliance If a covered State fails to comply with subsection (a), the Attorney General or the Secretary of Health and Human Services may withhold grant funds from being awarded to the covered State under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 ( Public Law 107–77 42 U.S.C. 280g–3 | Prescription Drug Monitoring Act of 2021 |
Air Source Heat Pump Act of 2021 This bill allows a new refundable tax credit for qualified air source heat pump expenditures. The bill defines qualified air source heat pump expenditures as expenditures for property that uses an air source heat pump to heat and cool a dwelling unit located in the United States and used as the taxpayer's principal residence. The air source heat pump must also meet specified performance and other requirements. | 117 S891 IS: Air Source Heat Pump Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 891 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a refundable tax credit for the installation of energy efficient air source heat pumps. 1. Short title This Act may be cited as the Air Source Heat Pump Act of 2021 2. Refundable tax credit for air source heat pumps (a) In general Subpart C of part IV of subchapter A of chapter 1 36A. Air source heat pump credit (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of— (1) 20 percent of any qualified air source heat pump expenditures, or (2) $800. (b) Qualified air source heat pump expenditures The term qualified air source heat pump expenditures (1) the dwelling unit is located in the United States and used as the principal residence (as such term is used in section 121) of the taxpayer, and (2) the air source heat pump— (A) (i) satisfies the applicable performance requirements to meet the Cold-climate Air-Source Heat Pump Specification, as provided by Northeast Energy Efficiency Partnerships, as in effect at the time that the expenditure for such equipment is made (or any successor standards provided by Northeast Energy Efficiency Partnerships), or (ii) received the most efficient certification under applicable Energy Star program requirements which are in effect at the time that the expenditure for such property is made (or any successor standards established by the Environmental Protection Agency), (B) is installed in accordance with the Air Conditioning Contractors of America HVAC Quality Installation Specification (ANSI/ACCA Standard 5 QI–2015), or a subsequent version approved for this purpose by the Secretary of Energy, and (C) is displacing heating load previously provided by an existing natural gas, propane, resistive electric, or oil central heating system. (c) Special rules For purposes of this section— (1) Application of certain rules Rules similar to the rules under paragraphs (1), (5), (6), (7), and (8) of section 25D(e) shall apply. (2) Joint ownership (A) In general Any expenditure otherwise qualifying as a qualified air source heat pump expenditure under this section shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. (B) Limits applied separately In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each dwelling unit. (3) Property financed by subsidized energy financing For purposes of determining the amount of expenditures made by any individual with respect to any property, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (d) Basis adjustments For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (e) Denial of double benefit A credit shall not be allowed under this section for any expenditure for which a credit is allowed under section 25C. . (b) Conforming amendments (1) Section 6211(b)(4)(A) 36A, 36, (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36 the following new item: Sec. 36A. Air source heat pump credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Air Source Heat Pump Act of 2021 |
Tech to Save Moms Act This bill supports the use of technology to improve, and address disparities in, maternal health outcomes. Specifically, the Center for Medicare and Medicaid Innovation may test telehealth models to screen and treat common pregnancy-related complications for Medicaid enrollees. In addition, the Department of Health and Human Services must award grants to evaluate and expand the use of technology-enabled collaborative learning models by entities that provide services to pregnant and postpartum individuals in medically underserved areas or from certain populations, and reduce racial and ethnic disparities in maternal health outcomes by increasing access to digital tools. The National Academies of Sciences, Engineering, and Medicine must also study the use of technology in maternal health care. | 117 S893 IS: Tech to Save Moms Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 893 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Menendez Mr. Sullivan Committee on Health, Education, Labor, and Pensions A BILL To support the use of technology in maternal health care. 1. Short title This Act may be cited as the Tech to Save Moms Act 2. Integrated telehealth models in maternity care services (a) In general Section 1115A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) (xxviii) Focusing on title XIX, providing for the adoption of and use of telehealth tools that allow for screening, monitoring, and management of common health complications with respect to an individual receiving medical assistance during such individual’s pregnancy and for not more than a 1-year period beginning on the last day of the pregnancy. . (b) Effective date The amendment made by subsection (a) shall take effect 1 year after the date of enactment of this Act. 3. Grants to expand the use of technology-enabled collaborative learning and capacity models for pregnant and postpartum individuals Title III of the Public Health Service Act is amended by inserting after section 330N ( 42 U.S.C. 254c–19 330O. Expanding capacity for maternal health outcomes (a) Establishment Beginning not later than 1 year after the date of enactment of this section, the Secretary shall award grants to eligible entities to evaluate, develop, and expand the use of technology-enabled collaborative learning and capacity building models and improve maternal health outcomes— (1) in health professional shortage areas; (2) in areas with high rates of maternal mortality and severe maternal morbidity; (3) in areas with significant racial and ethnic disparities in maternal health outcomes; and (4) for medically underserved populations and American Indians and Alaska Natives, including Indian Tribes, Tribal organizations, and Urban Indian organizations. (b) Use of Funds (1) Required uses Recipients of grants under this section shall use the grants to— (A) train maternal health care providers, students, and other similar professionals through models that include— (i) methods to increase safety and health care quality; (ii) methods to address implicit bias, racism, and discrimination; (iii) best practices in screening for maternal mental health conditions and substance use disorders and, as needed, evaluating and treating such conditions and disorders; (iv) training on best practices in maternity care for pregnant and postpartum individuals during the COVID–19 public health emergency or future public health emergencies; (v) methods to screen for social determinants of maternal health risks in the prenatal and postpartum; and (vi) the use of remote patient monitoring tools for pregnancy-related complications described in section 1115A(b)(2)(B)(xxviii); (B) evaluate and collect information on the affect of such models on— (i) access to and quality of care; (ii) outcomes with respect to the health of an individual; (iii) the experience of individuals who receive pregnancy-related health care; (C) develop qualitative and quantitative measures to identify best practices for the expansion and use of such models; (D) study the effect of such models on patient outcomes and maternity care providers; and (E) conduct any other activity, as determined by the Secretary. (2) Permissible uses Recipients of grants under this section may use grants to support— (A) the use and expansion of technology-enabled collaborative learning and capacity building models, including hardware and software that— (i) enables distance learning and technical support; and (ii) supports the secure exchange of electronic health information; and (B) maternity care providers, students, and other similar professionals in the provision of maternity care through such models. (c) Application (1) In general An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (2) Assurance An application under paragraph (1) shall include an assurance that such entity shall collect information on, and assess the affect of, the use of technology-enabled collaborative learning and capacity building models, including with respect to— (A) maternal health outcomes; (B) access to maternal health care services; (C) quality of maternal health care; and (D) retention of maternity care providers serving areas and populations described in subsection (a). (d) Limitations (1) Number Each entity receiving a grant under this section may receive not more than 1 such grant. (2) Duration A grant awarded under this section shall be for a 5-year period. (e) Access to broadband In administering grants under this section, the Secretary may coordinate with other agencies to ensure that funding opportunities are available to support access to reliable, high-speed internet for grantees. (f) Technical assistance The Secretary shall provide (either directly or by contract) technical assistance to eligible entities, including recipients of grants under subsection (a), on the development, use, and sustainability of technology-enabled collaborative learning and capacity building models to expand access to maternal health care services provided by such entities, including— (1) in health professional shortage areas; (2) in areas with high rates of maternal mortality and severe maternal morbidity or significant racial and ethnic disparities in maternal health outcomes; and (3) for medically underserved populations or American Indians and Alaska Natives. (g) Research and evaluation The Secretary, in consultation with experts, shall develop a strategic plan to research and evaluate the evidence for such models. (h) Reporting (1) Eligible entities An eligible entity that receives a grant under subsection (a) shall submit to the Secretary a report, at such time, in such manner, and containing such information as the Secretary may require. (2) Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall submit to Congress, and make available on the website of the Department of Health and Human Services, a report that includes— (A) a description of grants awarded under subsection (a) and the purpose and amounts of such grants; (B) a summary of— (i) the evaluations conducted under subsection (b)(1)(B); (ii) any technical assistance provided under subsection (f); and (iii) the activities conducted under a grant awarded under subsection (a); and (C) a description of any significant findings with respect to— (i) patient outcomes; and (ii) best practices for expanding, using, or evaluating technology-enabled collaborative learning and capacity building models. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section, $6,000,000 for each of fiscal years 2022 through 2026. (j) Definitions In this section: (1) Eligible entity (A) In general The term eligible entity (i) in health professional shortage areas; (ii) in areas with high rates of adverse maternal health outcomes or significant racial and ethnic disparities in maternal health outcomes; or (iii) who are— (I) members of medically underserved populations; or (II) American Indians and Alaska Natives, including Indian Tribes, Tribal organizations, and urban Indian organizations. (B) Inclusions An eligible entity may include entities that lead, or are capable of leading, a technology-enabled collaborative learning and capacity building model. (2) Health professional shortage area The term health professional shortage area (3) Indian Tribe The term Indian Tribe (4) Maternal mortality The term maternal mortality (5) Medically underserved population The term medically underserved population (6) Postpartum The term postpartum (7) Severe maternal morbidity The term severe maternal morbidity (8) Technology-enabled collaborative learning and capacity building model The term technology-enabled collaborative learning and capacity building model (9) Tribal organization The term Tribal organization (10) Urban Indian organization The term urban Indian organization . 4. Grants to promote equity in maternal health outcomes through digital tools (a) In general Beginning not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall award grants to eligible entities to reduce racial and ethnic disparities in maternal health outcomes by increasing access to digital tools related to maternal health care, including provider-facing technologies, such as early warning systems and clinical decision support mechanisms. (b) Applications To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Prioritization In awarding grants under this section, the Secretary shall prioritize an eligible entity— (1) in an area with high rates of adverse maternal health outcomes or significant racial and ethnic disparities in maternal health outcomes; (2) in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e (3) that promotes technology that addresses racial and ethnic disparities in maternal health outcomes. (d) Limitations (1) Number Each entity receiving a grant under this section may receive not more than 1 such grant. (2) Duration A grant awarded under this section shall be for a 5-year period. (e) Technical assistance The Secretary shall provide technical assistance to an eligible entity on the development, use, evaluation, and post-grant sustainability of digital tools for purposes of promoting equity in maternal health outcomes. (f) Reporting (1) Eligible entities An eligible entity that receives a grant under subsection (a) shall submit to the Secretary a report, at such time, in such manner, and containing such information as the Secretary may require. (2) Secretary Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes— (A) an evaluation on the effectiveness of grants awarded under this section to improve health outcomes for pregnant and postpartum individuals from racial and ethnic minority groups; (B) recommendations on new grant programs that promote the use of technology to improve such maternal health outcomes; and (C) recommendations with respect to— (i) technology-based privacy and security safeguards in maternal health care; (ii) reimbursement rates for maternal telehealth services; (iii) the use of digital tools to analyze large data sets to identify potential pregnancy-related complications; (iv) barriers that prevent maternity care providers from providing telehealth services across States; (v) the use of consumer digital tools such as mobile phone applications, patient portals, and wearable technologies to improve maternal health outcomes; (vi) barriers that prevent access to telehealth services, including a lack of access to reliable, high-speed internet or electronic devices; (vii) barriers to data sharing between the Special Supplemental Nutrition Program for Women, Infants, and Children program and maternity care providers, and recommendations for addressing such barriers; and (viii) lessons learned from expanded access to telehealth related to maternity care during the COVID–19 public health emergency. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2022 through 2026. 5. Report on the use of technology in maternity care (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this Act as the National Academies (b) Content The agreement entered into pursuant to subsection (a) shall provide for the study of the following: (1) The use of innovative technology (including artificial intelligence) in maternal health care, including the extent to which such technology has affected racial or ethnic biases in maternal health care. (2) The use of patient monitoring devices (including pulse oximeter devices) in maternal health care, including the extent to which such devices have affected racial or ethnic biases in maternal health care. (3) Best practices for reducing and preventing racial or ethnic biases in the use of innovative technology and patient monitoring devices in maternity care. (4) Best practices in the use of innovative technology and patient monitoring devices for pregnant and postpartum individuals from racial and ethnic minority groups. (5) Best practices with respect to privacy and security safeguards in such use. (c) Report The agreement under subsection (a) shall direct the National Academies to complete the study under this section, and transmit to Congress a report on the results of the study, not later than 2 years after the date of enactment of this Act. 6. Definitions In this Act: (1) Maternity care provider The term maternity care provider (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (2) Postpartum and postpartum period The terms postpartum postpartum period (3) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) | Tech to Save Moms Act |
Hire Veteran Health Heroes Act of 2021 This bill requires the Department of Veterans Affairs (VA) to consult with the Department of Defense to identify and refer members of the Armed Forces with health care occupations for employment with the VA during their separation from the Armed Forces. The VA must refer interested members to a recruiter for consideration of open positions in the member's specialty and geography of interest. Referrals must not be made earlier than one year before the member's separation from the Armed Forces. | 115 S894 ENR: Hire Veteran Health Heroes Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. 894 IN THE SENATE OF THE UNITED STATES AN ACT To identify and refer members of the Armed Forces with a health care occupation who are separating from the Armed Forces for potential employment with the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Hire Veteran Health Heroes Act of 2021 2. Identification and referral of members of the Armed Forces with a health care occupation for potential employment with the Department of Veterans Affairs during separation from the Armed Forces Section 207 of the VA Choice and Quality Employment Act of 2017 ( Public Law 115–46 38 U.S.C. 7401 207. Identification and referral of members of the Armed Forces with a health care occupation for potential employment with the Department of Veterans Affairs during separation from the Armed Forces (a) In general The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall establish a program to identify and refer members of the Armed Forces with a health care occupation for employment with the Department of Veterans Affairs during the separation of such members from the Armed Forces. (b) Referral of interested individuals (1) In general If a member of the Armed Forces identified under subsection (a) expresses an interest in working in a health care occupation within the Department of Veterans Affairs, the Secretary of Veterans Affairs shall refer the member to a recruiter of the Department for consideration of open positions in the specialty and geography of interest to the member. (2) Timing Any referral of a member of the Armed Forces conducted under paragraph (1) shall be made not earlier than one year before the separation of the member from the Armed Forces. (c) Rule of construction Any identification of a member of the Armed Forces under subsection (a) or referral of such member under subsection (b) shall not be construed as a guarantee of employment of such member with the Department of Veterans Affairs. (d) Reports Not later than each of one year and two years after the date of the enactment of the Hire Veteran Health Heroes Act of 2021 (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. (2) Health care occupation The term health care occupation . Speaker of the House of Representatives Vice President of the United States and President of the Senate | Hire Veteran Health Heroes Act of 2021 |
Association Health Plans Act of 2021 This bill provides statutory authority for certain short-term, limited-duration health insurance plans and association health plans. The bill permits short-term, limited-duration plans to provide coverage for a period of less than 12 months, not including extensions. Under current law, such plans are exempt from certain market requirements of the Patient Protection and Affordable Care Act, such as coverage of individuals with preexisting conditions. The bill further permits groups or associations of employers to sponsor fully insured group health plans as if they were employers. Such plans may not discriminate based on the health factors of any prospective plan participant for the purpose of granting an employer's membership in the association or determining a participant's eligibility for benefits or premium amounts. | 117 S896 IS: Association Health Plans Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 896 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to establish additional criteria for determining when employers may join together in a group or association of employers that will be treated as an employer under section 3(5) of such Act for purposes of sponsoring a group health plan, and for other purposes. 1. Short title This Act may be cited as the Association Health Plans Act of 2021 2. Findings Congress finds the following: (1) Association health plans allow small businesses to band together on a regional or national basis and leverage their combined power to obtain the health benefits they want and need, at a price they can afford. (2) Small business owners have experienced average premium decreases of up to 29 percent under an association health plan. (3) Association health plans are governed under the same rules that apply to employer-sponsored insurance arrangements for large employers utilized by more than 160,000,000 Americans. (4) Important consumer protections established on a bipartisan basis under the Employee Retirement and Income Security Act of 1974, the Health Insurance Portability and Accountability Act of 1996, and the Consolidated Omnibus Budget Reconciliation Act of 1985 apply to association health plans. (5) Association health plans comply with requirements for large employer health plans under the Public Health Service Act, as amended by the Patient Protection and Affordable Care Act. (6) Association health plans cannot limit plan eligibility on the basis of medical history, health status, claims experience, or genetic information. (7) Fully insured association health plans must comply with State benefit mandates. (8) Self-insured association health plans are subject to State multiple-employer welfare arrangement laws. (9) The Secretary of Labor used its rulemaking authority to issue a final rule on June 21, 2018, to expand access to association health plans for American small businesses and working families, including self-employed business owners. (10) The Secretary of Labor required association health plans formed under the final rule to comply with even stronger nondiscrimination protections than the nondiscrimination protections under Federal law prior to the final rule. (11) On March 28, 2019, a Federal district judge vacated the Secretary of Labor’s final rule, threatening to disrupt coverage for current enrollees and restrict the ability of small businesses and working families to band together to obtain affordable and high quality plans in the future. (12) Health care is one of the most important issues facing American families, and small business owners and self-employed Americans want secure and affordable association health plans to provide comprehensive coverage for themselves and their families. 3. Definition of employer (a) Definition of employer Section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) (which, with respect to a group health plan, shall be determined in accordance with criteria that includes the criteria under section 736). (b) Group health plans Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 736. Definition of employer (a) In general A group or association of employers that meets the criteria under subsection (b) shall be considered an employer under section 3(5) for purposes of sponsoring a group health plan. (b) Requirements The requirements under this subsection are each of the following: (1) The primary purpose of the group or association may be to offer and provide health coverage to its employer members and their employees, if such group or association has at least 1 substantial business purpose, as described in subsection (c), unrelated to offering and providing health coverage or other employee benefits to its employer members and their employees. (2) Each employer member of the group or association participating in the group health plan is a person acting directly as an employer of at least 1 employee who is a participant covered under the plan. (3) The group or association has— (A) a formal organizational structure with a governing body; and (B) by-laws or other similar indications of formality. (4) The functions and activities of the group or association shall be controlled by the employer members of the group or association, and the employer members of the group or association that participate in the group health plan shall control the plan. Control under this paragraph shall be in form and substance. (5) The employer members shall have a commonality of interest as described in subsection (d). (6) (A) The group or association shall not make health coverage through the group health plan available other than to— (i) an employee of a current employer member of the group or association; (ii) a former employee of a current employer member of the group or association who became eligible for coverage under the group health plan when the former employee was an employee of the employer; and (iii) a beneficiary of an individual described in clause (i) or (ii), such as a spouse or dependent child. (B) Notwithstanding subparagraph (A), the group or association shall not make health coverage through the group health plan available to any individual (or beneficiaries of the individual) for any plan year following the plan year in which the plan determines pursuant to reasonable monitoring procedures described in subsection (f)(2)(C) that the individual ceases to meet the conditions described in subsection (f)(2) for being a working owner (unless the individual again meets those conditions), except as may be required by section 601. (7) The group or association, and any health coverage offered by the group or association, shall comply with the nondiscrimination provisions under subsection (e). (8) The group or association shall not be a health insurance issuer, or owned or controlled by such a health insurance issuer or by a subsidiary or affiliate of such a health insurance issuer, other than to the extent such entities participate in the group or association in their capacity as employer members of the group or association. (c) Substantial business purpose (1) In general For purposes of subsection (b)(1), a substantial business purpose shall exist if the group or association would be a viable entity in the absence of sponsoring an employee benefit plan. (2) Business purpose For purposes of subsection (b)(1) and paragraph (1), a business purpose shall— (A) include promoting common business interests of the members of the group or association or the common economic interests in a given trade or employer community; and (B) not be required to be a for-profit activity. (d) Commonality of interest (1) In general Subject to paragraph (3), employer members of the group or association shall be treated as having a commonality of interest for purposes of subsection (b)(5) if— (A) the employers are in the same trade, industry, line of business, or profession; or (B) each employer has a principal place of business in the same region that does not exceed the boundaries of a single State or a metropolitan area (even if the metropolitan area includes more than 1 State). (2) Same trade, industry, or line of business In the case of a group or association that is sponsoring a group health plan under this section and that is itself an employer member of the group or association, the group or association shall be deemed for purposes of paragraph (1)(A) to be in the same trade, industry, line of business, or profession, as applicable, as the other employer members of the group or association. (3) Nondiscrimination The standards under paragraph (1) shall not be implemented in a manner that is subterfuge for discrimination as is prohibited under subsection (e). (e) Nondiscrimination (1) In general A group or association of employers sponsoring a group health plan under this section, and any health coverage sponsored by such group or association, shall comply with each of the following: (A) The group or association shall not condition employer membership in the group or association on any health factor of any individual who is or may become eligible to participate in the group health plan sponsored by the group or association. (B) The group health plan sponsored by the group or association shall comply with the rules under section 2590.702(b) of title 29, Code of Federal Regulations (as in effect on June 21, 2018), with respect to nondiscrimination in rules for eligibility for benefits, subject to subparagraph (D). (C) The group health plan sponsored by the group or association shall comply with the rules under section 2590.702(c) of title 29, Code of Federal Regulations (as in effect on June 21, 2018), with respect to nondiscrimination in premiums or contributions required by any participant or beneficiary for coverage under the plan, subject to subparagraph (D). (D) In applying subparagraphs (B) and (C), the group or association may not treat the employees of different employer members of the group or association as distinct groups of similarly situated individuals based on a health factor of 1 or more individuals. (2) Definition of health factor For purposes of this subsection, the term health factor (f) Dual treatment of working owners as employers and employees (1) In general A person determined in accordance with paragraph (2) to be a working owner of a trade or business may qualify as both an employer and as an employee of the trade or business for purposes of the requirements under subsection (b), including the requirements under paragraphs (2) and (6) of such subsection. (2) Working owner (A) Eligibility A person shall qualify as a working owner (i) does not have any common law employees; (ii) has an ownership right of any nature in a trade or business, whether incorporated or unincorporated, including a partner and other self-employed individual; (iii) is earning wages or self-employment income from the trade or business for providing personal services to the trade or business; and (iv) either— (I) works on average at least 20 hours per week, or at least 80 hours per month, providing personal services to the person's trade or business, or (II) has wages or self-employment income from such trade or business that at least equals the person's cost of coverage for participation by the person, and any covered beneficiaries, in the group health plan sponsored by the group or association in which the person is participating. (B) Determination The determination under subparagraph (A) shall be made when the person first becomes eligible for coverage under the group health plan. (C) Reasonable monitoring procedures A responsible fiduciary of the group health plan shall, through reasonable monitoring procedures, periodically confirm the continued eligibility of a person to qualify as a working owner under subparagraph (A) for purposes of meeting the requirements under subsection (b) for the group health plan sponsored under this section. (g) Applicability (1) Fully insured This section shall apply beginning on September 1, 2021, with respect to a group or association of employers sponsoring a group health plan that is fully insured. (2) Plans expanding to include broader group This section shall apply beginning on January 1, 2022, with respect to a group or association of employers sponsoring a group health plan that— (A) is not fully insured; (B) is in existence on June 21, 2018; (C) meets the requirements that applied with respect to such plan before June 21, 2018; and (D) chooses to be a plan sponsored under this section (and subject to the requirements under subsections (b) through (f)). (3) Other association health plans This section shall apply beginning on April 1, 2022, with respect to any other group or association of employers sponsoring a group health plan. (4) Other criteria in advisory opinions The criteria under this section shall not invalidate any criteria provided in an advisory opinion, in effect on or after the date of enactment of the Association Health Plans Act of 2021 (h) Determination of employer or joint employer status (1) In general Participating in or facilitating a group health plan sponsored by a bona fide group or association of employers pursuant to subsection (a) shall not be construed as establishing an employer or joint employer relationship under any Federal or State law. (2) Application of provision Paragraph (1) shall apply to a group health plan sponsored or facilitated by a franchisor and any franchisee, by multiple franchisors for the benefit of the employees of such franchisors and their franchisees, by multiple franchisees for the benefit of the employees of such franchisees, by a franchisor whose franchisee or franchisees participate or participates in the plan, or by a person or entity that contracts with any individual as an independent contractor for whom the plan benefits. (i) Rule of construction Nothing in this section shall be construed as repealing or otherwise limiting the application of this Act (including section 712 relating to mental health parity) to group health plans and employee welfare benefit plans. . (c) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 Sec. 736. Definition of employer . | Association Health Plans Act of 2021 |
Improving Child Care for Working Families Act of 2021 This bill increases the limitation on the exclusion from employee gross income for employer-paid dependent care assistance from $5,000 to $10,500. | 117 S897 IS: Improving Child Care for Working Families Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 897 IN THE SENATE OF THE UNITED STATES March 23, 2021 Ms. Ernst Ms. Hassan Mr. Tillis Ms. Sinema Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the limitation of the exclusion for dependent care assistance programs. 1. Short title This Act may be cited as the Improving Child Care for Working Families Act of 2021 2. Increase in limitation of exclusion for dependent care assistance programs (a) In general Section 129(a)(2)(A) $5,000 ($2,500 $10,500 (half such dollar amount (b) Effective date The amendments made by this section shall apply to amounts paid or incurred in calendar years beginning after the date of the enactment of this Act. | Improving Child Care for Working Families Act of 2021 |
Fair Accountability and Innovative Research Drug Pricing Act of 2021 This bill requires manufacturers to report about certain price increases for prescription drugs and biological products with a wholesale cost of at least $100 per month. Such reports must include, among other information (1) the percentage price increase, (2) a justification for such increase, (3) the price history of the drug, (4) the total cost to develop the drug, and (5) the total revenue and net profit generated from the drug. | 117 S898 IS: Fair Accountability and Innovative Research Drug Pricing Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 898 IN THE SENATE OF THE UNITED STATES March 23, 2021 Ms. Baldwin Mr. Braun Ms. Smith Ms. Murkowski Committee on Health, Education, Labor, and Pensions A BILL To require reporting regarding certain drug price increases, and for other purposes. 1. Short title This Act may be cited as the Fair Accountability and Innovative Research Drug Pricing Act of 2021 2. Reporting on justification for drug price increases Title III of the Public Health Service Act ( 42 U.S.C. 241 W Drug Price Reporting; Drug Value Fund 399OO. Reporting on justification for drug price increases (a) Definitions In this section: (1) Manufacturer The term manufacturer (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of this Act; or (B) who is responsible for setting the price for the drug. (2) Qualifying drug The term qualifying drug (A) that has a wholesale acquisition cost of $100 or more per month supply, or per a course of treatment that lasts less than a month, and is— (i) (I) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; or (II) commonly administered by hospitals (as determined by the Secretary); and (ii) not designated by the Secretary as a vaccine; and (B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 42 U.S.C. 1396 (3) Wholesale acquisition cost The term wholesale acquisition cost (b) Report (1) Report required The manufacturer of a qualifying drug shall submit a report to the Secretary for each price increase of a qualifying drug that will result in an increase in the wholesale acquisition cost of that drug that is equal to— (A) 10 percent or more over a 12-month period; or (B) 25 percent or more over a 36-month period. (2) Report deadline Each report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the planned effective date of such price increase. (c) Contents A report under subsection (b) shall, at a minimum, include— (1) with respect to the qualifying drug— (A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such price increase; (B) a justification for, and description of, each manufacturer’s price increase that will occur during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable; (C) the identity of the initial developer of the drug; (D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; (E) the current list price of the drug; (F) the total expenditures of the manufacturer on— (i) materials and manufacturing for such drug; and (ii) acquiring patents and licensing for such drug; (G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (H) the total expenditures of the manufacturer on research and development for such drug that is used for— (i) basic and preclinical research; (ii) clinical research; (iii) new drug development; (iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act; and (v) carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; (I) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and (J) the total costs associated with marketing and advertising for the qualifying drug; (2) with respect to the manufacturer— (A) the total revenue and the net profit of the manufacturer— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); or (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); (B) all stock-based performance metrics used by the manufacturer to determine executive compensation— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); or (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); and (C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on— (i) drug research and development; or (ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and (3) such other related information as the Secretary considers appropriate. (d) Civil penalty Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section shall be subject to a civil penalty of $100,000 for each day on which the violation continues. (e) Public posting (1) In general Subject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public website of the Department of Health and Human Services. (2) Format In developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. (3) Trade secrets and confidential information In carrying out this section the Secretary shall enforce current law concerning the protection of confidential commercial information and trade secrets. 399OO–1. Use of civil penalty amounts The Secretary shall, without further appropriation, collect civil penalties under section 399OO and use the funds derived from such civil penalties, in addition to any other amounts available to the Secretary, to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency. 399OO–2. Annual report to Congress (a) In General Subject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to find, use, and understand, an annual report— (1) summarizing the information reported pursuant to section 399OO; and (2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section. (b) Trade secrets and confidential information In carrying out this section the Secretary shall enforce current law concerning the protection of confidential commercial information and trade secrets. . | Fair Accountability and Innovative Research Drug Pricing Act of 2021 |
Trafficking Survivors Relief Act of 2022 This bill establishes a process to vacate convictions and expunge arrest records for certain criminal offenses committed by victims of human trafficking that directly result from or relate to having been a trafficking victim. It defines the offenses eligible to be vacated or expunged and sets forth procedures for filing a motion. The Government Accountability Office must assess the impact of this process, including the number of human trafficking survivors who file motions to vacate convictions or expunge records. The bill permits certain grants for legal representation to be used to seek post-conviction relief. Finally, the bill creates a rebuttable presumption that a defendant committed certain offenses under duress if the defendant establishes that he or she was a victim of human trafficking at the time of the offense. | 117 S9 IS: Trafficking Survivors Relief Act of 2022 U.S. Senate 2022-11-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 9 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mrs. Gillibrand Mr. Portman Committee on the Judiciary A BILL To provide for the vacating of certain convictions and expungement of certain arrests of victims of human trafficking. 1. Short title This Act may be cited as the Trafficking Survivors Relief Act of 2022 2. Federal expungement for victims of trafficking (a) In general Chapter 237 3772. Motion to vacate; expungement; mitigating factors (a) Definitions In this section— (1) the term child (2) the term covered prisoner (A) was convicted of a level A offense or level B offense; (B) was sentenced to a term of imprisonment for the offense described in subparagraph (A); and (C) is imprisoned under such term of imprisonment; (3) the terms employee officer (4) the term Federal offense (5) the term level A offense (6) the term level B offense (A) means a Federal offense that is a violent crime; and (B) does not include a Federal offense that is a violent crime of which a child was a victim; (7) the term level C offense (8) the term victim of trafficking 22 U.S.C. 7102 (9) the term violent crime 34 U.S.C. 11103 (b) Motions To vacate convictions or expunge arrests (1) In general (A) Convictions of level A offenses A person convicted of any level A offense (or an attorney representing such a person) may move the court that imposed the sentence for the level A offense to vacate the judgment of conviction if the level A offense was committed as a direct result of the person having been a victim of trafficking. (B) Arrests for level A offenses A person arrested for any level A offense (or an attorney representing such a person) may move the district court of the United States for the district and division embracing the place where the person was arrested to expunge all records of the arrest if the conduct or alleged conduct of the person that resulted in the arrest was directly related to the person having been a victim of trafficking. (C) Arrests for level C offenses A person arrested for any level C offense (or an attorney representing such a person) may move the district court of the United States for the district and division embracing the place where the person was arrested to expunge all records of the arrest if— (i) the conduct or alleged conduct of the movant that resulted in the arrest was directly related to the movant having been a victim of trafficking; and (ii) (I) the movant was acquitted of the level C offense; (II) the Government did not pursue or dismissed criminal charges against the movant for the level C offense; or (III) (aa) the charges against the movant for the level C offense were reduced to an offense that is a level A offense; and (bb) the movant was acquitted of the level A offense, the Government did not pursue or dismissed criminal charges against the movant for the level A offense, or any subsequent conviction of the level A offense was vacated. (2) Contents of motion A motion described in paragraph (1) shall— (A) be in writing; (B) describe any supporting evidence; (C) state the offense; and (D) include copies of any documents showing that the movant is entitled to relief under this section. (3) Hearing (A) Mandatory hearing (i) Motion in opposition Not later than 30 days after the date on which a motion is filed under paragraph (1), the Government may file a motion in opposition of the motion filed under paragraph (1). (ii) Mandatory hearing If the Government files a motion described in clause (i), not later than 15 days after the date on which the motion is filed, the court shall hold a hearing on the motion. (B) Discretionary hearing If the Government does not file a motion described in subparagraph (A)(i), the court may hold a hearing on the motion not later than 45 days after the date on which a motion is filed under paragraph (1). (4) Factors (A) Vacating convictions of level A offenses The court may grant a motion under paragraph (1)(A) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that— (i) the movant was convicted of a level A offense; and (ii) the participation in the level A offense by the movant was a direct result of the movant having been a victim of trafficking. (B) Expunging arrests for level A offenses The court may grant a motion under paragraph (1)(B) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that— (i) the movant was arrested for a level A offense; and (ii) the conduct or alleged conduct that resulted in the arrest was directly related to the movant having been a victim of trafficking. (C) Expunging arrests for level C offenses The court may grant a motion under paragraph (1)(C) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that— (i) the movant was arrested for a level C offense and the conduct or alleged conduct that resulted in the arrest was directly related to the movant having been a victim of trafficking; and (ii) (I) the movant was acquitted of the level C offense; (II) the Government did not pursue or dismissed criminal charges against the movant for the level C offense; or (III) (aa) the charges against the movant for the level C offense were reduced to a level A offense; and (bb) the movant was acquitted of the level A offense, the Government did not pursue or dismissed criminal charges against the movant for the level A offense, or any subsequent conviction of that level A offense was vacated. (5) Supporting evidence (A) Rebuttable presumption For purposes of this subsection, there shall be a rebuttable presumption that the movant is a victim of trafficking if the movant includes in the motion— (i) a copy of an official record, certification, or eligibility letter from a Federal, State, Tribal, or local proceeding, including an approval notice or an enforcement certification generated from a Federal immigration proceeding, that shows that the movant was a victim of trafficking, including a victim of a trafficker charged with a violation of chapter 77; or (ii) an affidavit or sworn testimony from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, a medical professional, or another professional from whom the movant has sought assistance in addressing the trauma associated with being a victim of trafficking. (B) Other evidence (i) In general For purposes of this section, in determining whether the movant is a victim of trafficking, the court may consider any other evidence the court determines is of sufficient credibility and probative value, including an affidavit or sworn testimony of the movant. (ii) Affidavit or sworn testimony of movant sufficient evidence The affidavit or sworn testimony of the movant described in clause (i) shall be sufficient evidence to vacate a conviction or expunge an arrest under this section if the court determines that— (I) the affidavit or sworn testimony is credible; and (II) no other evidence is readily available. (6) Conviction or arrest of other persons not required It shall not be necessary that any person other than the movant be convicted of or arrested for an offense before the movant may file a motion under paragraph (1). (7) Denial of motion (A) In general If the court denies a motion filed under paragraph (1), the denial shall be without prejudice. (B) Reasons for denial If the court denies a motion filed under paragraph (1), the court shall state the reasons for the denial in writing. (C) Reasonable time to cure deficiencies in motion If the motion was denied due to a curable deficiency in the motion, the court shall allow the movant sufficient time to cure the deficiency. (8) Appeal An order granting or denying a motion under this section may be appealed in accordance with section 1291 of title 28. (c) Vacatur of convictions (1) In general If the court grants a motion to vacate a conviction of a level A offense under subsection (b), the court shall immediately— (A) vacate the conviction for cause; (B) set aside the verdict and enter a judgment of acquittal; (C) enter an expungement order that directs that there be expunged from all official records all references to— (i) the arrest of the movant for the level A offense; (ii) the institution of criminal proceedings against the movant relating to the level A offense; and (iii) the results of the proceedings; and (D) return to the movant any fine, fee, cost, or restitution associated with the conviction and paid by the movant. (2) Effect If a conviction is vacated under an order entered under paragraph (1)— (A) the conviction shall not be regarded as a conviction under Federal law and the movant for whom the conviction was vacated shall be considered to have the status occupied by the movant before the arrest or the institution of the criminal proceedings related to such conviction; and (B) no alien may be removed, determined to be inadmissible, or lose any immigration benefit because of such conviction, arrest, or institution of criminal proceedings, or any related conduct. (d) Expungement of arrests (1) In general If the court grants a motion to expunge all records of an arrest for an offense under subsection (b), the court shall immediately enter an expungement order that directs that there be expunged from all official records all references to— (A) the arrest of the movant for the offense; (B) the institution of any criminal proceedings against the movant relating to the offense; and (C) the results of the proceedings, if any. (2) Effect If an arrest is expunged under an order entered under paragraph (1)— (A) the arrest shall not be regarded as an arrest under Federal law and the movant for whom the arrest is expunged shall be considered to have the status occupied by the movant before the arrest or the institution of the criminal proceedings related to such arrest, if any; and (B) no alien may be removed, determined to be inadmissible, or lose any immigration benefit because of arrest or institution of criminal proceedings, if any. (e) Mitigating factors (1) In general The court that imposed sentence for a level A offense or level B offense upon a covered prisoner may reduce the term of imprisonment for the offense— (A) upon— (i) motion by the covered prisoner or the Director of the Bureau of Prisons; or (ii) the court's own motion; (B) after notice to the Government; (C) after considering— (i) the factors set forth in section 3553(a); (ii) the nature and seriousness of the danger to any person, if applicable; and (iii) the community, or any crime victims; and (D) if the court finds, by a preponderance of the evidence, that the covered prisoner committed the offense as a direct result of the covered prisoner having been a victim of trafficking. (2) Rebuttable presumption For the purposes of this subsection, there shall be a rebuttable presumption that a covered prisoner is a victim of trafficking if the covered prisoner provides— (A) a copy of an official record, certification, or eligibility letter from a Federal, State, Tribal, or local proceeding, including an approval notice or an enforcement certification generated from a Federal immigration proceeding, that shows that the covered prisoner was a victim of trafficking, including a victim of a trafficker charged with a violation of chapter 77; or (B) an affidavit or sworn testimony from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, a medical professional, or another professional from whom the covered prisoner has sought assistance in addressing the trauma associated with being a victim of trafficking. (3) Requirement Any proceeding under this subsection shall be subject to section 3771. (4) Particularized inquiry For any motion under paragraph (1), the Government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the covered prisoner in order to assess whether a reduction in sentence would be consistent with this section. (f) Additional actions by court The court shall, upon granting a motion under this section, take any additional action necessary to grant the movant full relief. (g) No fees A person may not be required to pay a filing fee, service charge, copay fee, processing fee, or any other charge for filing a motion under this section. (h) Confidentiality of movant (1) In general A motion under this section and any documents, pleadings, or orders relating to the motion shall be filed under seal. (2) Information not available for public inspection An officer or employee may make not make available for public inspection any report, paper, picture, photograph, court file, or other document, in the custody or possession of the officer or employee, that identifies the movant. (i) Applicability This section shall apply to any conviction or arrest occurring before, on, or after the date of enactment of this section. . (b) Technical and conforming amendment The table of sections of chapter 237 3772. Motion to vacate; expungement; mitigating factors. . 3. Reports (a) United States Attorney motions for vacatur or expungement Not later than 1 year after the date of enactment of this Act, each United States attorney shall submit to the Attorney General a report that details— (1) the number of motions for vacatur or expungement filed under section 3772 of title 18, United States Code, as added by section 2, in the district of the United States attorney; and (2) for each motion described in paragraph (1)— (A) the underlying offense; (B) the response of the United States attorney to the motion; and (C) the final determination of the court with respect to the motion. (b) United States attorney training on human trafficking indicators Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report that details all professional training received by United States attorneys on indicators of human trafficking during the preceding 12-month period. (c) Government Accountability Office Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (1) assesses the impact of the enactment of section 3772 of title 18, United States Code, as added by section 2; and (2) includes— (A) the number of human trafficking survivors who have filed motions for vacatur or expungement under such section 3772; (B) the final determination of each court that adjudicated a motion described in subparagraph (A); (C) recommendations to increase access to post-conviction relief for human trafficking survivors with Federal criminal records; and (D) recommendations for improving the implementation and tracking of professional training of United States attorneys on indicators of human trafficking. 4. Use of grants for post-conviction relief representation The Office of Justice Programs or the Office on Violence Against Women, in awarding a grant that may be used for legal representation, may not prohibit a recipient from using the grant for legal representation for post-conviction relief. 5. Sense of Congress It is the sense of Congress that— (1) this Act is a first step to address the changing tactics of human traffickers, who are using forced criminality as a form of force, fraud, and coercion in their human trafficking enterprises; and (2) Congress is committed to continuing to find solutions as needed to thwart human traffickers and protect survivors of human trafficking. 6. Human trafficking defense (a) In general Chapter 1 18. Human trafficking defense (a) Definition In this section, the term covered Federal offense (b) Presumption of duress In a prosecution for a covered Federal offense, a defendant who establishes by clear and convincing evidence that the defendant was a victim of trafficking at the time at which the defendant committed the offense shall create a rebuttable presumption that the offense was induced by duress. (c) Record or proceeding under seal In any proceeding in which a defense under subsection (b) is raised, any record or part of the proceeding related to the defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense. (d) Post-Conviction relief A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress. (e) Federal aid A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of human trafficking. . (b) Technical and conforming amendment The table of sections for chapter 1 18. Human trafficking defense. . | Trafficking Survivors Relief Act of 2022 |
Southern New England Regional Commission Act This bill establishes the Southern New England Regional Commission. (Federal regional commissions address perceived regional economic underdevelopment.) The commission is given the same structure and duties as the Southeast Crescent Regional Commission, Southwest Border Regional Commission, and Northern Border Regional Commission. The bill authorizes those commissions, in addition to their current authorities, to (1) support the maritime economy, (2) assist in developing defense manufacturing industries, and (3) promote the adoption of innovative materials in public transportation. | 117 S900 IS: Southern New England Regional Commission Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 900 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Whitehouse Mr. Reed Committee on Environment and Public Works A BILL To amend title 40, United States Code, to establish a Southern New England Regional Commission, and for other purposes. 1. Short title This Act may be cited as the Southern New England Regional Commission Act 2. Establishment of Southern New England Regional Commission (a) Establishment Section 15301(a) of title 40, United States Code, is amended by adding at the end the following: (4) The Southern New England Regional Commission. . (b) Purposes for economic and infrastructure development grants Section 15501 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: (a) In general A Commission may make grants to States and local governments, Indian Tribes, and public and nonprofit organizations for projects, approved in accordance with section 15503— (1) to develop the transportation infrastructure of the region of the Commission; (2) to develop the basic public infrastructure of the region of the Commission; (3) to develop the telecommunications infrastructure of the region of the Commission; (4) to assist the region of the Commission in obtaining job skills training, skills development and employment-related education, career pathways, apprenticeship opportunities, entrepreneurship, technology, job coaching to address the cliff effect, work supports (including child care), and business development; (5) to provide assistance to severely economically distressed and underdeveloped areas of a region that lack financial resources for improving— (A) basic health care; (B) two-generational practices that improve school and workforce readiness and success; and (C) other public services, including work supports critical for families seeking employment, which may include quality child care, transportation, health, and housing; (6) to promote resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals; (7) to promote the development of renewable and alternative energy sources; (8) to support the maritime economy, including boat and ship building and repair industries; (9) to assist in developing defense manufacturing industries; (10) to promote the adoption of composite and other innovative materials in public transportation; (11) to grow the capacity for successful community economic development in the region of the Commission; (12) to provide for employment training for populations seeking employment, including parents in poverty, adults in recovery, and reentry adults, in areas with worker shortages; and (13) to otherwise achieve the purposes of this subtitle. . (c) Designation of region (1) In general Subchapter II of chapter 157 15734. Southern New England Regional Commission The region of the Southern New England Regional Commission shall include the following counties: (1) Rhode island Each county in the State of Rhode Island. (2) Connecticut The counties of Hartford, New Haven, Windham, Tolland, Middlesex, and New London in the State of Connecticut. (3) Massachusetts The counties of Hampden, Plymouth, Barnstable, Essex, Worcester, and Bristol in the State of Massachusetts. . (2) Clerical amendment The analysis for subchapter II of chapter 157 15734. Southern New England Regional Commission. . | Southern New England Regional Commission Act |
Freedom To Invest in Tomorrow's Workforce Act This bill allows the use of funds in a qualified tuition program (commonly known as a 529 account) to pay for expenses associated with obtaining or maintaining recognized postsecondary credentials. | 117 S905 IS: Freedom To Invest in Tomorrow's Workforce Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 905 IN THE SENATE OF THE UNITED STATES March 23, 2021 Ms. Klobuchar Mr. Braun Mrs. Feinstein Ms. Baldwin Ms. Duckworth Mr. Manchin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permit certain expenses associated with obtaining or maintaining recognized postsecondary credentials to be treated as qualified higher education expenses for purposes of 529 accounts. 1. Short title This Act may be cited as the Freedom To Invest in Tomorrow's Workforce Act 2. Certain career training and credentialing expenses treated as qualified higher education expenses for purposes of 529 accounts (a) In general Section 529(e)(3) (C) Certain career training and credentialing expenses (i) In general The term qualified higher education expenses (I) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of an individual in a recognized postsecondary credential program, or any other expense incurred in connection with enrollment in or attendance at a recognized postsecondary credential program if such expense would, if incurred in connection with enrollment or attendance at an eligible educational institution, be covered under subparagraph (A), and (II) fees required to obtain or maintain a recognized postsecondary credential, including testing and other fees required by the organization issuing the recognized postsecondary credential as a condition of maintaining or obtaining the credential. (ii) Recognized postsecondary credential program For purposes of this subparagraph, the term recognized postsecondary credential program (iii) Recognized postsecondary credential For purposes of this subparagraph, the term recognized postsecondary credential (I) a recognized postsecondary credential, as such term is defined in section 3(52) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 29 U.S.C. 3152 (II) any other postsecondary credential recognized for purposes of this subparagraph under regulations or guidance provided by the Secretary, in consultation with the Secretary of Labor. . (b) Effective date The amendment made by this section shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act. | Freedom To Invest in Tomorrow's Workforce Act |
Military Family Violence Prevention Act This bill requires the Department of Defense (DOD) to take various actions and implement programs related to the prevention of and response to domestic violence and child abuse and neglect among military families. Specifically, the bill requires DOD to report on current and recommended staffing levels for the Family Advocacy Programs (FAPs) of the Armed Forces at each installation, ensure that appropriate statistical data on incidents report to the FAPs is shared among and across the Armed Forces, establish a pilot program to assess the feasibility and advisability of various mechanisms to inform families about the FAPs and resiliency training of the Armed Forces during their enrollment in the Defense Enrollment Eligibility Reporting System, report on the results of the study conducted by the Defense Department Advisory Committee on Women in the Services that includes information on initial entry points for use by members of military families seeking support for domestic abuse or child abuse and neglect, and modify internal policy related to FAPs to enhance collaboration among the specified DOD programs (e.g., the Defense Suicide Prevention Office). Each military department must improve the information available to military families on the services available in connection with domestic abuse or child abuse and neglect. Finally, the bill requires the Inspector General of DOD to report on best practices among military installations in prevention and response to domestic abuse and child abuse and neglect among military families. | 117 S906 IS: Military Family Violence Prevention Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 906 IN THE SENATE OF THE UNITED STATES March 23, 2021 Ms. Sinema Mr. Cornyn Committee on Armed Services A BILL To expand and enhance programs and activities of the Department of Defense for prevention of and response to domestic abuse and child abuse and neglect among military families, and for other purposes. 1. Short title This Act may be cited as the Military Family Violence Prevention Act 2. Reports on staffing levels for the Family Advocacy Programs Not later than six months after the deployment of the Military Community and Family Policy (MC&FP) Family Advocacy Program Staffing Tool, and every year thereafter, the Secretary of Defense shall submit to Congress a report setting forth the following: (1) Current staffing levels for the Family Advocacy Programs (FAPs) of the Armed Forces at each installation so staffed. (2) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool, set forth, at the election of the Secretary, by Armed Force or by installation. 3. Sharing among the Armed Forces of data on incidents reported to the Family Advocacy Programs Commencing not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that appropriate statistical data on incidents reported to the Family Advocacy Programs (FAPs) of the Armed Forces is shared among and across the Armed Forces. 4. Enhancement of activities for awareness of military families regarding Family Advocacy Programs and other similar services (a) Pilot program on Information on FAPs for families enrolling in DEERS The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform families about the Family Advocacy Programs (FAPs) and resiliency training of the Armed Forces during their enrollment in the Defense Enrollment Eligibility Reporting System (DEERS). The matters assessed by the pilot program shall include the following: (1) An option for training of family members on the Family Advocacy Programs. (2) The provision to families of information on the resources available through the Family Advocacy Programs. (3) The availability through the Family Advocacy Programs of both restricting and unrestricted reporting on incidents of domestic abuse. (4) The provision to families of information on the Military OneSource program of the Department of Defense. (5) The provision to families of information on resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations. (6) The availability of the Military and Family Life Counseling Program. (b) Outreach on FAP and similar services for military families Each Secretary of a military department shall improve the information available to military families under the jurisdiction of such Secretary that are the victim of domestic abuse or child abuse and neglect in order to provide such families with comprehensive information on the services available to such families in connection with such violence and abuse and neglect. The information so provided shall include a complete guide to the following: (1) The Family Advocacy Program of the Armed Force or military department concerned. (2) Military law enforcement services, including the process following a report of an incidence of domestic abuse or child abuse or neglect. (3) Other applicable victim services. 5. Defense Department Advisory Committee on Women in the Services report on initial entry points for support for military families in connection with domestic abuse Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of a study, conducted by the Defense Department Advisory Committee on Women in the Services (DACOWITS) for purposes of the report, on initial entry points (including anonymous entry points) for use by members of military families in seeking support for domestic abuse or child abuse and neglect, including online chat rooms and other support, text-based support, and applications on smartphones. 6. Improvement of collaboration in domestic abuse prevention services (a) In general Not later than 180 days after the date of the enactment of this Act, Department of Defense Instruction 6400.01, relating to the Family Advocacy Program (FAP) of the Department of Defense, shall be modified to enhance collaboration among the programs and components specified in subsection (b) for the purpose of leveraging the expertise and resources of such programs and components to order to improve the availability and scope of domestic abuse prevention services for military families. (b) Programs and components The programs and components specified in this subsection are the following: (1) The Family Advocacy Program. (2) The Sexual Assault Prevention and Response Officer (SAPRO) of the Department of Defense. (3) The Defense Suicide Prevention Office (DSPO). (4) The Defense Equal Opportunity Management Institute (DEOMI). (5) The TRICARE Management Activity (TMA). (6) The substance abuse prevention programs and components of the Armed Forces. (7) Such other programs and components of the Department of Defense as the Secretary of Defense considers appropriate. 7. Delegation of authority to authorize exceptional eligibility for certain benefits to dependents of members or former members separated for dependent abuse Section 1059(m)(4) of title 10, United States Code, is amended by inserting below the assistant Secretary level. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis may not be delegated 8. Inspector General of the Department of Defense report on best practices in prevention and response to domestic abuse and child abuse and neglect among military families (a) Report required Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Secretary of Defense, and to the congressional defense committees, a report on best practices among military installations in prevention and response to domestic abuse and child abuse and neglect among military families. (b) Elements The report required by subsection (a) shall include the following: (1) An identification and assessment of best practices among military installations in prevention and response to domestic abuse and child abuse and neglect among military families in connection with the following: (A) Installation leadership. (B) Communication between the Family Advocacy Program and the installation command team. (C) Elimination of or reduction in barriers to effective incident response. (2) Recommendations for mechanisms, at the installation, Armed Force, and military department level, to identify and assess lessons learned through programs, projects, and activities for prevention and response to domestic abuse and child abuse and neglect among military families. (3) An identification and assessment of resources in communities surrounding military installations that could assist in prevention and response to domestic abuse and child abuse and neglect among military families. (4) An assessment of the benefits of bidirectional relationships involving the community resources identified pursuant to paragraph (3). (5) Recommendations for memoranda of understanding, or other formal relationships, between installations and surrounding communities on the shared use of resources identified pursuant to paragraph (3), including recommendations on mechanisms for expediting entry into such memoranda of understanding. (6) Such other matters regarding best practices among military installations in prevention and response to domestic abuse and child abuse and neglect among military families as the Inspector General considers appropriate. (c) Guidance authorized in light of report Each Secretary of a military department may issue guidance for commanders of installations under the jurisdiction of such Secretary on best practices in prevention and response to domestic abuse and child abuse and neglect among military families at such installations in light of the matters included in the report of the Inspector General under subsection (a). 9. Congressional defense committees defined In this Act, the term congressional defense committees | Military Family Violence Prevention Act |
Rhode Island Fishermen's Fairness Act of 2021 This bill adds Rhode Island to the Mid-Atlantic Fishery Management Council and increases council membership from 21 to 23 members. The council is not given authority over the fisheries in the Atlantic Ocean seaward of Rhode Island. | 117 S907 IS: Rhode Island Fishermen's Fairness Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 907 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Reed Mr. Whitehouse Committee on Commerce, Science, and Transportation A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to add Rhode Island to the Mid-Atlantic Fishery Management Council, and for other purposes. 1. Short title This Act may be cited as the Rhode Island Fishermen's Fairness Act of 2021 2. Addition of Rhode Island to the Mid-Atlantic Fishery Management Council Section 302(a)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1)(B) (1) by inserting Rhode Island, States of (2) by inserting Rhode Island, except North Carolina, (3) by striking 21 23 (4) by striking 13 14 | Rhode Island Fishermen's Fairness Act of 2021 |
Prescription Drug Price Relief Act of 2021 This bill establishes a series of oversight and disclosure requirements relating to the prices of brand-name drugs. Specifically, the bill requires the Department of Health and Human Services (HHS) to review at least annually all brand-name drugs for excessive pricing; HHS must also review prices upon petition. If any such drugs are found to be excessively priced, HHS must (1) void any government-granted exclusivity; (2) issue open, nonexclusive licenses for the drugs; and (3) expedite the review of corresponding applications for generic drugs and biosimilar biological products. HHS must also create a public database with its determinations for each drug. Under the bill, a price is considered excessive if the domestic average manufacturing price exceeds the median price for the drug in Canada, the United Kingdom, Germany, France, and Japan. If a price does not meet this criteria, or if pricing information is unavailable in at least three of the aforementioned countries, the price is still considered excessive if it is higher than reasonable in light of specified factors, including development cost, revenue, and the size of the affected patient population. The bill also requires drug manufacturers to report specified financial information for brand-name drugs, including research and advertising expenditures. | 117 S909 IS: Prescription Drug Price Relief Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 909 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Sanders Mr. Blumenthal Mr. Booker Mrs. Gillibrand Ms. Klobuchar Mr. Padilla Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To significantly lower prescription drug prices for patients in the United States by ending government-granted monopolies for manufacturers who charge drug prices that are higher than the median prices at which the drugs are available in other countries. 1. Short title This Act may be cited as the Prescription Drug Price Relief Act of 2021 2. Identification of excessively priced drugs (a) In general The Secretary, not later than 1 year after the date of enactment of this Act, shall establish a process to conduct a review of all brand name drugs, not less frequently than once per calendar year, under which the Secretary determines under subsection (b) whether the price of each such drug is excessive. (b) Excessive price determinations (1) International reference price (A) In general The Secretary shall determine that any brand name drug for which the domestic average manufacturing price exceeds the median price charged for such drug in the 5 reference countries to have an excessive price. In assessing the extent to which the price is excessive, the Secretary shall consider the factors described in paragraph (2). (B) Reference Countries In this Act, the term reference countries (C) Requirement with respect to drugs for which certain reference country information is not available The Secretary shall make a determination under paragraph (1) for every brand name drug for which pricing information is available for at least 3 of the 5 reference countries. (2) Determinations based on other factors With respect to any brand name drug that is not determined to have an excessive price by operation of paragraph (1) (including any drug for which there is insufficient data to make such a determination under such paragraph), the Secretary shall determine that such drug has an excessive price if the price of the drug is higher than reasonable taking into account the following factors: (A) The size of the affected patient population. (B) The value of the drug to patients, including the impact of the price on access to the drug and the relationship of the price of the drug to its therapeutic health benefits. (C) The risk adjusted value of Federal Government subsidies and investments related to the drug. (D) The costs associated with development of the drug. (E) Whether the drug provided a significant improvement in health outcomes, compared to other therapies available at the time of its approval. (F) The cumulative global revenues generated by the drug. (G) Whether the domestic average manufacturer price of the drug increased during any annual quarter by a percentage that is more than the percentage increase in the consumer price index for all urban consumers for the respective annual quarter. (H) Other factors the Secretary determines appropriate. (c) Petition for determination (1) In general Any person may petition the Secretary, in accordance with section 553(e) of title 5, United States Code, to make an excessive drug price determination for an applicable drug under subsection (b)(2). Not later than 90 days after the date of receipt of such a petition, subject to paragraph (2), the Secretary shall— (A) make a determination under subsection (b)(2) regarding such drug; or (B) (i) decline to make such a determination; and (ii) make public the reasons why the Secretary has declined to make such a determination. (2) Exception The Secretary shall not make a determination under subsection (b)(2) for a drug in response to a petition under this section more frequently than once per calendar year. (3) Public availability The Secretary shall make any petitions submitted under this subsection, together with any documentation related to the petitions and the Secretary's determinations on such petitions and rationale for such determinations, publicly available, including by posting such information on the database under section 5. 3. Ending government-granted monopolies for excessively priced drugs (a) Excessive drug price authority With respect to any brand name drug, if the Secretary determines under section 2 that the price of the drug is excessive, the Secretary— (1) shall waive or void any government-granted exclusivities with respect to such drug, effective on the date that the excessive price determination under section 2 is made for such drug; and (2) shall grant open, non-exclusive licenses allowing any person to make, use, offer to sell or sell, or import into the United States such drug, and to rely upon the regulatory test data of such drug, in accordance with section 4. (b) Expedited review The Secretary shall prioritize the review of, and act within 8 months of the date of the submission of a generic drug application or a biosimilar biological product application if such application references a drug licensed under subsection (a)(2). (c) Civil actions If the Secretary determines that the manufacturer of an excessively priced drug (as determined under section 2(a)) has increased the price of such drug during the period beginning on the date on which such price determination is made and ending on the date on which an entity begins manufacturing the drug under an open, non-exclusive license under subsection (a)(2), the Secretary may file a civil action in the United States district court for the district in which the manufacturer is located, or in the United States district court for the District of Columbia, to recover damages in an amount equal to not less than the total amount of revenue derived by the manufacturer as a result of any such price increase during such period. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. 4. Excessive drug price license (a) Reasonable royalty (1) In general An entity accepting an open, non-exclusive license under section 3(a)(2) shall pay a reasonable royalty to the holder of a patent that claims the drug or that claims a use of the drug or to the holder of an application approved under subsection 505(c) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act for which any government-granted exclusivity with respect to the drug was terminated under section 5(a)(1). (2) Royalty rate Such royalty rate shall be— (A) a percentage of sales, where the percentage rate is no higher than the average royalty rate estimated from the data provided by the Internal Revenue Service for pharmaceutical manufacturer Federal income tax returns; or (B) an amount as determined by the Secretary, taking into account— (i) the value of the drug to patients; (ii) the size of the affected patient population; (iii) the risk adjusted value of the Federal Government subsidies and investments related to the drug; (iv) whether the drug provided a significant improvement in health outcomes, compared to other therapies available at the time of the approval; (v) the extent to which the brand name drug manufacturer has recovered risk adjusted investments related to the drug, including the investments related to the invention, regulatory test data and any other relevant research and development costs; and (vi) any other information the Secretary determines appropriate. (b) Requirements (1) In general A royalty rate under subsection (a) shall be consistent with making drugs available to purchasers, including Federal, State, local, and nongovernmental purchasers and individuals, at prices that are affordable and reasonable. Under no condition shall a royalty be set at a rate that would cause a product for which an open, non-exclusive license was issued under section 3 to be sold at an excessive price, as determined under section 2. (2) Multiple affected parties In the case that there is one or more holders or investors in the patented inventions related to the drug in addition to the brand name manufacturer, the royalty rate shall be divided among the holders or investors (including such manufacturer) in a manner agreed upon by the manufacturer and other holders or investors, or, in the absence of such an agreement, in a manner the Secretary determines to be appropriate. (3) Price An entity accepting an open, non-exclusive license under section 3(a)(2) shall sell the drug at a price not higher than the excessive price determined for that drug under section 2(b). 5. Public excessive drug price database (a) Excessive drug price database (1) In general The Secretary shall establish and maintain a comprehensive, up-to-date database of brand name drugs and the excessive price determinations for such drugs under section 2. (2) Contents The database shall include, at a minimum, for each brand name drug, for the applicable calendar year— (A) the name of the drug; (B) the manufacturer; (C) whether the drug was determined under section 2(b) to have an excessive price; (D) the number of petitions the Secretary received under section 2(c) to make an excessive price determination for the drug, together with the information described in section 2(c)(3); (E) the number of open, non-exclusive licenses the Secretary has granted under section 3(a)(2) for generic drug or biosimilar biological product versions of the drug; and (F) the number of applications under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or under section 351(k) of the Public Health Service Act submitted to the Secretary, pursuant to such a license granted under section 3(a)(2), and the number of such applications that have been approved. (3) Certain determinations With respect to a determination made under section 2(b)(1), the Secretary shall publish on the database such determination in accordance with paragraph (1) within 30 days of receiving domestic and international pricing information from manufacturers under section 6. (b) Annual reports to Congress Not later than 60 days after the first excessive price review under section 2 is complete, and annually thereafter, the Secretary shall submit to Congress a report describing the excessive drug price review for the preceding year. The report shall contain summary data regarding— (1) the total number of drugs that were reviewed; (2) the total number of drugs determined to be excessively priced under each of paragraphs (1) and (2) of section 2(b), and the name and manufacturer of each such drug; (3) the total number of drugs determined to be excessively priced, listed by manufacturer; (4) the extent to which the prices of the drugs identified under section 2 were higher than reasonable, on average; (5) the total number of drugs for which an open-non-exclusive license has been granted under section 3(a)(2); (6) the total number of generic drug or biosimilar biological product applications received and approved that reference a drug so licensed; (7) the median approval time for generic drug or biosimilar biological product applications that reference a drug so licensed; (8) the total number of petitions the Secretary received under section 2(c) to make excessive price determinations for drugs; (9) a list of any manufacturers who failed to report information as required under section 6; and (10) other appropriate information, as the Secretary determines or as Congress requests. (c) Public availability The Secretary shall make the information in the database described in subsection (a) and the report in subsection (b) publicly available, including on the internet website of the Food and Drug Administration, in a manner that is easy to find and understand. 6. Drug manufacturer reporting (a) In general Each manufacturer shall submit to the Secretary, in such format as the Secretary may require, an annual report that includes the following information for each brand name drug of the manufacturer, with respect to the previous calendar year: (1) The average manufacturer price of the drug in the United States and in the reference countries, for the entire year, and broken down for each quarter of the year. (2) The wholesale acquisition cost of the drug in the United States and in the reference countries, for the entire year, and broken down for each quarter of the year. (3) Cumulative global revenues generated by the drug. (4) Annual net sales revenue generated by the drug in the United States and in the reference countries, for the entire year, and broken down for each quarter of the year. (5) Total expenditures on domestic and foreign drug research and development related to the drug, itemized by— (A) basic and preclinical research; (B) clinical research, reported separately for each clinical trial; (C) development of alternative dosage forms and strengths for the drug molecule or combinations, including the molecule; (D) other drug development activities, such as nonclinical laboratory studies and record and report maintenance; (E) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; and (F) carrying out postmarket requirements related to such drug, including under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act. (6) Total expenditures on domestic and foreign marketing and advertising related to the drug. (7) Investments in human clinical trials related to the drug, by each trial and each year, including grants, research contracts, tax credits or deductions, and reimbursements from public or private health plans or insurance, and any other public sector subsidies or incentives, such as the fair market value or priority review vouchers or other considerations. (8) The estimated size of the affected patient population. (9) Additional information the manufacturer chooses to provide related to drug pricing decisions, such as information related to the methodology used to set the price of the drug. (10) Additional information as the Secretary determines necessary to carry out this Act, including information for previous years. (b) Report due date Applicable manufacturers shall submit the reports described in subsection (a) not later than January 15 of the year following the date of enactment of this Act, and of each year thereafter. (c) Penalty for noncompliance (1) In general Any manufacturer that fails to submit information for a drug as required by this section on a timely basis or that knowingly provides false information shall be liable for a civil monetary penalty, as determined by the Secretary under paragraph (2), in addition to any other penalty under other applicable provisions of law. (2) Amount of penalty The amount of a civil penalty under paragraph (1) shall be equal to the product of— (A) an amount, as determined appropriate by the Secretary, which is— (i) not less than 0.5 percent of the gross revenues from sales for the previous calendar year of the drug for which the information was not submitted; and (ii) not greater than 1 percent of the gross revenues from sales for the previous calendar year of such drug; and (B) the number of days in the period between— (i) the report due date under subsection (b); and (ii) the date on which the Secretary receives the information required to be reported by the manufacturer under this section. (3) Use of civil penalty The Secretary shall collect the civil penalties under this subsection and shall use such funds to support competitive research grant programs of the National Institutes of Health. 7. Prohibition of anticompetitive behavior No manufacturer may engage in anticompetitive behavior violating section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) 8. Definitions For the purposes of this Act: (1) Average manufacturer price (A) In general The term average manufacturer price 42 U.S.C. 1396r–8(k)(1) (B) Application to reference countries With respect to reference countries, the term average manufacturer price (2) Biosimilar biological product The term biosimilar biological product 42 U.S.C. 262(k) (3) Brand name drug The term brand name drug (A) approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) 42 U.S.C. 262(a) (B) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) (C) claimed in a patent or the use of which is claimed in a patent. (4) Generic drug The term generic drug 21 U.S.C. 355 (5) Government-granted exclusivity The term government-granted exclusivity (A) Clauses (ii) through (v) of section 505(c)(3)(E) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) (B) Section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(B)(iv) (C) Section 505A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a (D) Section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355f (E) Section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc (F) Section 351(k)(7) of the Public Health Service Act ( 42 U.S.C. 262(k)(7) (G) Any other provision of law that provides for exclusivity (or extension of exclusivity) with respect to a drug. (6) Manufacturer The term manufacturer 21 U.S.C. 355 42 U.S.C. 262 (7) Open, non-exclusive license The term open, non-exclusive license (8) Secretary The term Secretary | Prescription Drug Price Relief Act of 2021 |
Saracini Enhanced Aviation Safety Act of 2021 This bill requires the Federal Aviation Administration to issue an order requiring installation of a secondary cockpit barrier on commercial passenger aircraft. | 117 S911 IS: Saracini Enhanced Aviation Safety Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 911 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Casey Mr. Toomey Committee on Commerce, Science, and Transportation A BILL To require the installation of secondary cockpit barriers on existing aircraft, and for other purposes. 1. Short title This Act may be cited as the Saracini Enhanced Aviation Safety Act of 2021 2. Installation of secondary cockpit barriers on existing aircraft (a) In general Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order requiring installation of a secondary cockpit barrier on each covered aircraft. (b) Covered aircraft In this section, the term covered aircraft | Saracini Enhanced Aviation Safety Act of 2021 |
Protecting Seniors Through Immunization Act of 2021 This bill specifies that certain deductible, coinsurance, initial coverage limit, and cost-sharing requirements that apply under the Medicare prescription drug benefit shall not apply with respect to vaccines that are recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. The Centers for Medicare & Medicaid Services must provide to Medicare beneficiaries specified information regarding (1) coverage of vaccines for seniors, and (2) access to recommended vaccines without cost-sharing. | 117 S912 IS: Protecting Seniors Through Immunization Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 912 IN THE SENATE OF THE UNITED STATES March 23, 2021 Ms. Hirono Mrs. Capito Mr. Whitehouse Mr. Scott of South Carolina Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide information regarding vaccines for seniors as part of the Medicare & You handbook and to ensure that the treatment of cost sharing for vaccines under Medicare part D is consistent with the treatment of vaccines under Medicare part B, and for other purposes. 1. Short title This Act may be cited as the Protecting Seniors Through Immunization Act of 2021 2. Findings Congress makes the following findings: (1) The immune system deteriorates with age, leaving older adults more susceptible to many vaccine-preventable diseases that could result in hospitalizations and other costly medical interventions. (2) Vaccines play an essential role in preventing disease, thereby helping to keep older adults active and independent. (3) There are more than a dozen immunizations recommended for adult populations by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, including— (A) influenza; (B) tetanus, diphtheria, pertussis (Tdap); (C) measles, mumps, rubella (MMR); (D) herpes zoster (shingles); (E) human papillomavirus (HPV); (F) pneumococcal; (G) hepatitis A; (H) hepatitis B; and (I) meningococcal. (4) Through new research and technology, additional vaccines may be approved for older adults. (5) Although immunizations are lifesaving and cost-effective interventions, adult vaccination rates in the United States remain below Federal Healthy People benchmarks. (6) There are disparities in adult vaccination rates across different races and ethnicities with rates generally lower among Hispanics, African Americans, and Asian Americans. (7) Important vaccines, including those for shingles and Tdap, are covered under the Medicare Prescription Drug Program under part D of title XVIII of the Social Security Act. Coverage under the Medicare part D has resulted in barriers to optimal and consistent uptake, including lack of patient and provider awareness, beneficiary cost sharing, and low provider reimbursement, as well as geographic, cultural, and linguistic challenges. (8) The Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention recommends the Tdap vaccine should be administered every 10 years for all ages. According to the Centers for Disease Control and Prevention Surveillance of Vaccination Coverage Among Adults in the United States, National Health Interview Survey, 2016, vaccination rates remain low for tetanus and diphtheria (Td) and tetanus and diphtheria with acellular pertussis (Tdap) for adults age 65 and older, at 58 percent and 20 percent respectively. (9) Being up-to-date with Tdap is especially important for adults who are around babies, because they are not only protecting their own health but helping to form a cocoon (10) The Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention recommends the shingles vaccine for individuals aged 50 and older. While vaccine coverage for shingles has increased each year since licensure, in 2016, only 33 percent of adults over 60 years reported receiving the vaccine. (11) Almost 1 out of every 3 people in the United States will develop shingles in their lifetime. The risk increases with age, and older individuals are much more likely to experience postherpetic neuralgia non-pain complications, hospitalizations, and interference with activities of daily living, such as eating, dressing, and bathing. (12) A 2018 study of Tdap and shingles vaccine claims in Medicare part D demonstrated that higher out-of-pocket cost-sharing was associated with higher rates of cancelled vaccination claims, suggesting vaccination was abandoned. In this study, cost-sharing of $51 or greater was associated with a 2 to 2.7-times greater rate of cancelled vaccination claims compared with $0 cost-sharing. (13) There is an opportunity to improve education around adult immunization, including the risks and consequences of vaccine-preventable disease, and which vaccines are recommended for older adults. 3. Provision of information regarding vaccines for seniors as part of Medicare & You handbook and coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D (a) Provision of information regarding vaccines for seniors as part of Medicare & You handbook (1) In general Section 1804 of the Social Security Act ( 42 U.S.C. 1395b–2 (A) in subsection (a)(1), by inserting , including information with respect to coverage of vaccines for seniors described in subsection (e) (B) by adding at the end the following new subsection: (e) The notice provided under subsection (a) shall include information with respect to vaccines for seniors, including information with respect to coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices (as defined in section 1860D–2(b)(8)(B)) under part D for individuals enrolled in a prescription drug plan under such part. . (2) Effective date The amendments made by this subsection shall apply to notices distributed prior to each Medicare open enrollment period beginning after the date of implementation of section 1860D–2(b)(8), as added by subsection (b)(2). (b) Coverage of adult vaccines recommended by the Advisory Committee on Immunization Practices under Medicare part D (1) Provision of educational materials regarding the availability of adult vaccines recommended by the Advisory Committee on Immunization Practices with no cost sharing Section 1860D–4(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(1)(B) (vii) For plan years beginning on or after January 1 of the first year beginning more than 60 days after the date of the enactment of this clause, information regarding access to adult vaccines recommended by the Advisory Committee on Immunization Practices (as defined in section 1860D–2(b)(8)(B)). . (2) Ensuring treatment of cost sharing is consistent with treatment of vaccines under medicare part b Section 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) (A) in paragraph (1)(A), by striking The coverage Subject to paragraph (8), the coverage (B) in paragraph (2)(A), by striking and (D) and (D) and paragraph (8) (C) in paragraph (3)(A), by striking and (4) (4), and (8) (D) in paragraph (4)(A)(i), by striking The coverage Subject to paragraph (8), the coverage (E) by adding at the end the following new paragraph: (8) Treatment of cost sharing for adult vaccines recommended by the Advisory Committee on Immunization Practices consistent with treatment of vaccines under part b (A) In general For plan years beginning on or after January 1 of the first year beginning more than 60 days after the date of the enactment of this paragraph, the following shall apply with respect to an adult vaccine recommended by the Advisory Committee on Immunization Practices (as defined in subparagraph (B)): (i) No application of deductible The deductible under paragraph (1) shall not apply with respect to such vaccine. (ii) No application of coinsurance There shall be no coinsurance under paragraph (2) with respect to such vaccine. (iii) No application of initial coverage limit The initial coverage limit under paragraph (3) shall not apply with respect to such vaccine. (iv) No cost sharing above annual out-of-pocket threshold There shall be no cost sharing under paragraph (4) with respect to such vaccine. (B) Adult vaccines recommended by the advisory committee on immunization practices For purposes of this paragraph, the term adult vaccine recommended by the Advisory Committee on Immunization Practices . (3) Conforming amendments to cost sharing for low-income individuals Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) (A) in paragraph (1)(D), in each of clauses (ii) and (iii), by striking In the case Subject to paragraph (6), in the case (B) in paragraph (2)— (i) in subparagraph (D), by striking The substitution Subject to paragraph (6), the substitution (ii) in subparagraph (E), by striking subsection (c) paragraph (6) and subsection (c) (C) by adding at the end the following new paragraph: (6) No application of cost sharing for adult vaccines recommended by the advisory committee on immunization practices Consistent with section 1860D–2(b)(8), for plan years beginning on or after January 1 of the first year beginning more than 60 days after the date of the enactment of this paragraph, there shall be no cost sharing under this section with respect to an adult vaccine recommended by the Advisory Committee on Immunization Practices (as defined in subparagraph (B) of such section). . (c) Study and report (1) Study The Secretary of Health and Human Services (referred to in this subsection as the Secretary (A) increase the baseline target rate of coverage for vaccines recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in the Healthy People 2020 goals; (B) ensure that baseline targets focus on reducing racial and socioeconomic disparities in the vaccine coverage rates for all adult vaccines; (C) help facilitate immunization of Medicare beneficiaries, by developing and evaluating a specific set of actions that will address physician and health care provider administrative challenges, such as difficulty verifying beneficiary coverage and complexity of physician office billing of vaccines covered under Medicare part D, that impact access for beneficiaries; (D) support adoption of the HEDIS adult immunization status composite measure (Tdap, pneumococcal, influenza, and zoster) in order to close gaps in adult immunization performance measurement and incentivize vaccination through adoption of evidence-based measures; and (E) strengthen immunization information systems to allow all States to have electronic databases for immunization records. (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. | Protecting Seniors Through Immunization Act of 2021 |
COVID-19 Disinformation Research and Reporting Act of 2021 This bill requires the National Science Foundation to contract with the National Academies of Sciences, Engineering, and Medicine to study disinformation and misinformation about COVID-19 (i.e., coronavirus disease 2019) on the internet and social media platforms. | 117 S913 IS: COVID–19 Disinformation Research and Reporting Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 913 IN THE SENATE OF THE UNITED STATES March 23, 2021 Ms. Hirono Mr. Booker Mr. Blumenthal Ms. Klobuchar Mr. Reed Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To conduct a study on the spread of COVID–19-related disinformation and misinformation on the internet and social media platforms, and for other purposes. 1. Short title This Act may be cited as the COVID–19 Disinformation Research and Reporting Act of 2021 2. Findings Congress finds the following: (1) The National Academies of Sciences, Engineering, and Medicine and the National Science Foundation have provided scientific, evidence-based findings and foundational research, across all disciplines, that benefit the people of the United States. (2) Accurate and reliable information is imperative for health and safety during a national emergency like the COVID–19 pandemic. (3) Disinformation and misinformation have spread alarmingly during the COVID–19 pandemic, hindering the public response efforts of Federal, State, local, and indigenous leaders. (4) The internet and social media have made it easier to spread fake medical information, such as unproven treatments for COVID–19, or inaccurate information that undermines scientific experts. (5) The internet and social media have likewise made it easier to spread disinformation and misinformation about the safety and efficacy of COVID–19 vaccines, impacting public acceptance of the vaccines and threatening to prolong the pandemic. (6) COVID–19-related disinformation has been weaponized by foreign adversaries, including Russia, China, and Iran, through the use of fake social media accounts and bot networks to amplify content. (7) Understanding the financial incentives for entities spreading and amplifying disinformation and misinformation can help to combat its distribution. 3. Science study on COVID–19-related disinformation and misinformation (a) Study Not later than 30 days after the date of enactment of this Act, the Director of the National Science Foundation shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on the current understanding of the spread of COVID–19-related disinformation and misinformation on the internet and social media platforms. The study shall address— (1) the roles disinformation and misinformation have played in the public response to COVID–19, including public acceptance of and demand for COVID–19 vaccines; (2) the sources, both foreign and domestic, of COVID–19-related disinformation and misinformation, and the mechanisms by which that disinformation and misinformation influence the public debate; (3) the role social media plays in the dissemination and promotion of COVID–19-related disinformation and misinformation content and the role social media platforms play in the organization of groups seeking to spread COVID–19-related disinformation and misinformation; (4) the potential financial returns for creators or distributors of COVID–19-related disinformation and misinformation and the role such financial incentives play in the propagation of COVID–19-related disinformation and misinformation; (5) potential strategies to mitigate the dissemination and negative impacts of COVID–19-related disinformation and misinformation (and specifically the dissemination of disinformation and misinformation on social media), including through improved disclosures and addressing information literacy; and (6) an analysis of— (A) the limitations of the mitigation strategies described in paragraph (5); and (B) how the strategies can be implemented without infringing on the constitutional rights and civil liberties of the people of the United States. (b) Report In entering into an arrangement under this section, the Director of the National Science Foundation shall request that the National Academies of Sciences, Engineering, and Medicine transmit to Congress a report on the results of the study not later than 1 year after the date of enactment of this Act. (c) Authorization There is authorized to be appropriated, for the purposes of conducting the study under this section, $1,000,000. | COVID–19 Disinformation Research and Reporting Act of 2021 |
Drinking Water and Wastewater Infrastructure Act of 2021 This bill reauthorizes through FY2026 or establishes a variety of programs for water infrastructure. Specifically, it supports programs to provide safe drinking water or treat wastewater, such as sewer overflows or stormwater. For example, the bill reauthorizes and revises the clean water state revolving fund (SRF) and the drinking water SRF. | 115 S914 ES: Drinking Water and Wastewater Infrastructure Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 914 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to reauthorize programs under those Acts, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Drinking Water and Wastewater Infrastructure 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. Definition of Administrator. TITLE I—Drinking water Sec. 101. Technical assistance and grants for emergencies affecting public water systems. Sec. 102. Drinking water State revolving loan funds. Sec. 103. Source water petition program. Sec. 104. Assistance for small and disadvantaged communities. Sec. 105. Reducing lead in drinking water. Sec. 106. Operational sustainability of small public water systems. Sec. 107. Midsize and large drinking water system infrastructure resilience and sustainability program. Sec. 108. Needs assessment for nationwide rural and urban low-income community water assistance. Sec. 109. Rural and low-income water assistance pilot program. Sec. 110. Lead contamination in school drinking water. Sec. 111. Indian reservation drinking water program. Sec. 112. Advanced drinking water technologies. Sec. 113. Cybersecurity support for public water systems. Sec. 114. State response to contaminants. Sec. 115. Annual study on boil water advisories. TITLE II—Clean water Sec. 201. Research, investigations, training, and information. Sec. 202. Wastewater efficiency grant pilot program. Sec. 203. Pilot program for alternative water source projects. Sec. 204. Sewer overflow and stormwater reuse municipal grants. Sec. 205. Clean water infrastructure resiliency and sustainability program. Sec. 206. Small and medium publicly owned treatment works circuit rider program. Sec. 207. Small publicly owned treatment works efficiency grant program. Sec. 208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income. Sec. 209. Connection to publicly owned treatment works. Sec. 210. Clean water State revolving funds. Sec. 211. Water infrastructure and workforce investment. Sec. 212. Grants to Alaska to improve sanitation in rural and Native villages. Sec. 213. Water data sharing pilot program. Sec. 214. Final rating opinion letters. Sec. 215. Water infrastructure financing reauthorization. Sec. 216. Small and disadvantaged community analysis. Sec. 217. Stormwater infrastructure technology. Sec. 218. Water Reuse Interagency Working Group. Sec. 219. Advanced clean water technologies study. Sec. 220. Clean watersheds needs survey. Sec. 221. Water Resources Research Act amendments. Sec. 222. Enhanced aquifer use and recharge. 2. Definition of Administrator In this Act, the term Administrator I Drinking water 101. Technical assistance and grants for emergencies affecting public water systems Section 1442 of the Safe Drinking Water Act ( 42 U.S.C. 300j–1 (1) in subsection (a), by adding at the end the following: (11) Compliance evaluation (A) In general Not later than 1 year after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (i) evaluate, based on the compliance data found in the Safe Drinking Water Information System of the Administrator, the compliance of community water systems and wastewater systems with environmental, health, and safety requirements under this title, including water quality sampling, testing, and reporting requirements; and (ii) submit to Congress a report describing trends seen as a result of the evaluation under clause (i), including trends that demonstrate how the characteristics of community water systems and wastewater systems correlate to trends in compliance or noncompliance with the requirements described in that clause. (B) Requirement To the extent practicable, in carrying out subparagraph (A), the Administrator shall determine whether, in aggregate, community water systems and wastewater systems maintain asset management plans. ; (2) in subsection (b), in the first sentence— (A) by inserting (including an emergency situation resulting from a cybersecurity event) emergency situation (B) by inserting , including a threat to public health resulting from contaminants, such as, but not limited to, heightened exposure to lead in drinking water public health (3) by striking subsection (d) and inserting the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $35,000,000 for each of fiscal years 2022 through 2026. ; (4) in subsection (e), by striking paragraph (5) and inserting the following: (5) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026. ; (5) by redesignating subsection (f) as subsection (g); and (6) by inserting after subsection (e) the following: (f) State-based nonprofit organizations (1) In general The Administrator may provide technical assistance consistent with the authority provided under subsection (e) to State-based nonprofit organizations that are governed by community water systems. (2) Communication Each State-based nonprofit organization that receives funding under paragraph (1) shall, before using that funding to undertake activities to carry out this subsection, consult with the State in which the assistance is to be expended or otherwise made available. . 102. Drinking water State revolving loan funds (a) Drinking water State revolving funds capitalization grant reauthorization Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (1) in subsection (a)(4)(A), by striking During fiscal years 2019 through 2023, funds Funds (2) in subsection (m)(1) — (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (D) $2,400,000,000 for fiscal year 2022; (E) $2,750,000,000 for fiscal year 2023; (F) $3,000,000,000 for fiscal year 2024; and (G) $3,250,000,000 for each of fiscal years 2025 and 2026. ; and (3) in subsection (q), by striking 2016 through 2021 2022 through 2026 (b) Assistance for disadvantaged communities Section 1452(d) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d) (1) in paragraph (1)— (A) by striking Notwithstanding any (A) In general Notwithstanding any ; (B) in subparagraph (A) (as so designated), by inserting , grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt forgiveness of principal (C) by adding at the end the following: (B) Exclusion A loan from a State loan fund with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subsection. ; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) to the extent that there are sufficient applications for loans to communities described in paragraph (1), may not be less than 12 percent. . 103. Source water petition program Section 1454 of the Safe Drinking Water Act ( 42 U.S.C. 300j–14 (1) in subsection (a)— (A) in paragraph (1)(A), in the matter preceding clause (i), by striking political subdivision of a State, political subdivision of a State (including a county that is designated by the State to act on behalf of an unincorporated area within that county, with the agreement of that unincorporated area), (B) in paragraph (4)(D)(i), by inserting (including a county that is designated by the State to act on behalf of an unincorporated area within that county) of the State (C) by adding at the end the following: (5) Savings provision Unless otherwise provided within the agreement, an agreement between an unincorporated area and a county for the county to submit a petition under paragraph (1)(A) on behalf of the unincorporated area shall not authorize the county to act on behalf of the unincorporated area in any matter not within a program under this section. ; and (2) in subsection (e), in the first sentence, by striking 2021 2026 104. Assistance for small and disadvantaged communities (a) Existing programs Section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a (1) in subsection (b)(2)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third party using science-based test methods for the removal of contaminants of concern; (E) investments necessary for providing accurate and current information about— (i) the need for filtration and filter safety, including proper use and maintenance practices; and (ii) the options for replacing lead service lines (as defined section 1459B(a)) and removing other sources of lead in water; and (F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise, to assist— (i) an eligible entity; or (ii) the State of an eligible entity, on behalf of that eligible entity. ; (2) in subsection (c), in the matter preceding paragraph (1), by striking An eligible entity Except for purposes of subsections (j) and (m), an eligible entity (3) in subsection (g)(1), by striking to pay not less than 45 percent except as provided in subsection (l)(5) and subject to subsection (h), to pay not less than 10 percent (4) by striking subsection (k) and inserting the following: (k) Authorization of appropriations There are authorized to be appropriated to carry out subsections (a) through (j)— (1) $70,000,000 for fiscal year 2022; (2) $80,000,000 for fiscal year 2023; (3) $100,000,000 for fiscal year 2024; (4) $120,000,000 for fiscal year 2025; and (5) $140,000,000 for fiscal year 2026. ; and (5) in subsection (l)— (A) in paragraph (2)— (i) by striking The Administrator may The Administrator shall (ii) by striking fiscal years 2019 and 2020 fiscal years 2022 through 2026 (B) in paragraph (5), by striking $4,000,000 for each of fiscal years 2019 and 2020 $25,000,000 for each of fiscal years 2022 through 2026 (C) by redesignating paragraph (5) as paragraph (6); and (D) by inserting after paragraph (4) the following: (5) Federal share for small, rural, and disadvantaged communities (A) In general Subject to subparagraph (B), with respect to a program or project that serves an eligible entity and is carried out using a grant under this subsection, the Federal share of the cost of the program or project shall be 90 percent. (B) Waiver The Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. . (b) Connection to public water systems Section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a (m) Connection to public water systems (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (i) an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system; or (ii) a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system. (B) Eligible individual The term eligible individual 33 U.S.C. 1383(j) (C) Program The term program (2) Establishment Subject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system. (3) Application An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (4) Voluntary connection Before providing funds to an eligible individual for the costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator that— (A) the eligible individual is voluntarily seeking connection to the public water system; (B) if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect, the public water system to which the eligible individual seeks to connect has agreed to the connection; and (C) the connection of the household of the eligible individual to the public water system meets all applicable local and State regulations, requirements, and codes. (5) Report Not later than 3 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (6) Authorization of appropriations There is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2022 through 2026. . (c) Competitive grant pilot program Section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a (n) State competitive grants for underserved communities (1) In general In addition to amounts authorized to be appropriated under subsection (k), there is authorized to be appropriated to carry out subsections (a) through (j) $50,000,000 for each of fiscal years 2022 through 2026 in accordance with paragraph (2). (2) Competitive grants (A) In general Notwithstanding any other provision of this section, the Administrator shall distribute amounts made available under paragraph (1) to States through a competitive grant program. (B) Applications To seek a grant under the competitive grant program under subparagraph (A), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (C) Criteria In selecting recipients of grants under the competitive grant program under subparagraph (A), the Administrator shall establish criteria that give priority to States with a high proportion of underserved communities that meet the condition described in subsection (a)(2)(A). (3) Report Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (4) Savings provision Nothing in this paragraph affects the distribution of amounts made available under subsection (k), including any methods used by the Administrator for distribution of amounts made available under that subsection as in effect on the day before the date of enactment of this subsection. . 105. Reducing lead in drinking water Section 1459B of the Safe Drinking Water Act ( 42 U.S.C. 300j–19b (1) in subsection (a)— (A) in paragraph (1), by striking subparagraph (D) and inserting the following: (D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and ; (B) in paragraph (2)(A)— (i) in clause (i), by striking publicly owned (ii) by striking clause (iii) and inserting the following: (iii) providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low-income homeowners, and landlords or property owners providing housing to low-income renters. ; and (C) in paragraph (3), by striking an individual provided (2) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (A), by striking to provide assistance to replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low-income homeowners, and landlords or property owners providing housing to low-income renters. (ii) in subparagraph (B), by striking line lines (B) in paragraph (6)— (i) in subparagraph (A), by striking any publicly owned portion of (ii) in subparagraph (C), in the matter preceding clause (i)— (I) by striking may shall (II) by inserting and may, for other homeowners, low-income homeowner, (III) by striking a cost that no cost to the homeowner; (iii) in subparagraph (D), by striking and (iv) in subparagraph (E), by striking other options feasible alternatives for reducing the concentration of lead in drinking water, such as corrosion control; and (v) by adding at the end the following: (F) shall notify the State of any planned replacement of lead service lines under this program and coordinate, where practicable, with other relevant infrastructure projects. ; (3) in subsection (d)— (A) by inserting (except for subsection (d)) this section (B) by striking $60,000,000 for each of fiscal years 2017 through 2021 $100,000,000 for each of fiscal years 2022 through 2026 (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (5) by inserting after subsection (c) the following: (d) Lead inventorying utilization grant pilot program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (B) Pilot program The term pilot program (2) Establishment The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities. (3) Selection (A) Application To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (B) Prioritization In selecting recipients under the pilot program, the Administrator shall give priority to— (i) an eligible entity that meets the affordability criteria of the applicable State established under section 1452(d)(3); and (ii) an eligible entity that is located in an area other than a State that has established affordability criteria under section 1452(d)(3). (4) Report Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing— (A) the recipients of grants under the pilot program; (B) the existing lead inventorying that was available to recipients of grants under the pilot program; and (C) how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity. (5) Authorization of appropriations There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended. . 106. Operational sustainability of small public water systems Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j 1459E. Operational sustainability of small public water systems (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a State; (B) a unit of local government; (C) a public corporation established by a unit of local government to provide water service; (D) a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system; (E) an Indian Tribe that owns or operates a public water system; (F) a nonprofit organization that provides technical assistance to public water systems; and (G) a Tribal consortium. (2) Operational sustainability The term operational sustainability (3) Program The term program (4) Small system The term small system (A) serves fewer than 10,000 people; and (B) is owned or operated by— (i) a unit of local government; (ii) a public corporation; (iii) a nonprofit corporation; (iv) a public trust; (v) a cooperative association; or (vi) an Indian Tribe. (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems. (c) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (1) a proposal of the project to be carried out using grant funds under the program; (2) documentation provided by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are to be addressed through the proposed project; (3) a description of how the proposed project will improve the operational sustainability of 1 or more small systems; (4) a description of how the improvements described in paragraph (3) will be maintained beyond the life of the proposed project, including a plan to maintain and update any asset data collected as a result of the proposed project; and (5) any additional information the Administrator may require. (d) Additional required information Before the award of funds for a grant under the program to a grant recipient, the grant recipient shall submit to the Administrator— (1) if the grant recipient is located in a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the State in which the grant recipient agrees to provide a copy of any data collected under the proposed project to the State agency administering the State drinking water treatment revolving loan fund (or a designee); or (2) if the grant recipient is located in an area other than a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the Administrator in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the Administrator (or a designee). (e) Use of funds An eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of 1 or more small systems through— (1) the development of a detailed asset inventory, which may include drinking water sources, wells, storage, valves, treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure; (2) the development of an infrastructure asset map, including a map that uses technology such as— (A) geographic information system software; and (B) global positioning system software; (3) the deployment of leak detection technology; (4) the deployment of metering technology; (5) training in asset management strategies, techniques, and technologies for appropriate staff employed by— (A) the eligible entity; or (B) the small systems for which the grant was received; (6) the deployment of strategies, techniques, and technologies to enhance the operational sustainability and effective use of water resources through water reuse; and (7) the development or deployment of other strategies, techniques, or technologies that the Administrator may determine to be appropriate under the program. (f) Cost share (1) In general Subject to paragraph (2), the Federal share of the cost of a project carried out using a grant under the program shall be 90 percent of the total cost of the project. (2) Waiver The Administrator may increase the Federal share under paragraph (1) to 100 percent. (g) Report Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. . 107. Midsize and large drinking water system infrastructure resilience and sustainability program Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j 1459F. Midsize and large drinking water system infrastructure resilience and sustainability program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Natural hazard; resilience The terms resilience natural hazard (3) Resilience and sustainability program The term resilience and sustainability program (b) Establishment The Administrator shall establish and carry out a program, to be known as the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program (1) increasing resilience to natural hazards and extreme weather events; and (2) reducing cybersecurity vulnerabilities. (c) Use of funds An eligible entity may only use grant funds received under the resilience and sustainability program to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards and extreme weather events, or reduces cybersecurity vulnerabilities, through— (1) the conservation of water or the enhancement of water-use efficiency; (2) the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards or extreme weather events, including risks to drinking water from flooding; (3) the design or construction of new or modified desalination facilities to serve existing communities; (4) the enhancement of water supply through the use of watershed management and source water protection; (5) the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water; (6) the development and implementation of measures— (A) to increase the resilience of the eligible entity to natural hazards and extreme weather events; or (B) to reduce cybersecurity vulnerabilities; (7) the conservation of water or the enhancement of a water supply through the implementation of water reuse measures; or (8) the formation of regional water partnerships to collaboratively address documented water shortages. (d) Application To seek a grant under the resilience and sustainability program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (1) a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity; (2) an identification of the natural hazard risks, extreme weather events, or potential cybersecurity vulnerabilities, as applicable, to be addressed by the proposed program or project; (3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk, potential cybersecurity vulnerability, or risk for extreme weather events to the area where the proposed program or project is to be located; (4) a description of any recent natural hazards, cybersecurity events, or extreme weather events that have affected the community water system of the eligible entity; (5) a description of how the proposed program or project would improve the performance of the community water system of the eligible entity under the anticipated natural hazards, cybersecurity vulnerabilities, or extreme weather events; and (6) an explanation of how the proposed program or project is expected— (A) to enhance the resilience of the community water system of the eligible entity to the anticipated natural hazards or extreme weather events; or (B) to reduce cybersecurity vulnerabilities. (e) Report Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the resilience and sustainability program $50,000,000 for each of fiscal years 2022 through 2026. (2) Use of funds Of the amounts made available under paragraph (1) for grants to eligible entities under the resilience and sustainability program— (A) 50 percent shall be used to provide grants to eligible entities that serve a population of— (i) equal to or greater than 10,000; and (ii) fewer than 100,000; and (B) 50 percent shall be used to provide grants to eligible entities that serve a population equal to or greater than 100,000. (3) Administrative costs Of the amounts made available under paragraph (1), not more than 2 percent may be used by the Administrator for the administrative costs of carrying out the resilience and sustainability program. . 108. Needs assessment for nationwide rural and urban low-income community water assistance (a) Definitions In this section and section 109: (1) Community water system The term community water system 42 U.S.C. 300f (2) Large water service provider The term large water service provider (3) Medium water service provider The term medium water service provider (4) Need The term need (5) Qualifying household The term qualifying household (A) includes an individual who is— (i) the holder of an account for drinking water or wastewater service that is provided to that household by a large water service provider, a medium water service provider, or a rural water service provider; or (ii) separately billed by a landlord that holds an account with a large water service provider, a medium water service provider, or a rural water service provider for the cost of drinking water or wastewater service provided to that household by the respective large water service provider, medium water service provider, or rural water service provider; and (B) is determined— (i) by a large water service provider, a medium water service provider, or a rural water service provider to be eligible for assistance through a low-income ratepayer assistance program; (ii) by the Governor of the State in which the household is located to be low-income, based on the affordability criteria established by the State under section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) (iii) by the Administrator to experience drinking water and wastewater service costs that exceed the metrics of affordability established in the most recent guidance of the Administrator entitled Financial Capability Assessment Guidance (iv) in the case of a household serviced by a rural water service provider, by the State in which the household is located to have an annual income that does not exceed the greater of— (I) an amount equal to 150 percent of the poverty level of that State; and (II) an amount equal to 60 percent of the State median income for that State. (6) Rural water service provider The term rural water service provider (7) Treatment works The term treatment works 33 U.S.C. 1292 (b) Study; report (1) In general The Administrator shall conduct, and submit to Congress a report describing the results of, a study that examines the prevalence throughout the United States of municipalities, public entities, or Tribal governments that— (A) are serviced by rural water service providers, medium water service providers, or large water service providers that service a disproportionate percentage, as determined by the Administrator, of qualifying households with need; or (B) as determined by the Administrator, have taken on an unsustainable level of debt due to customer nonpayment for the services provided by a large water service provider, a medium water service provider, or a rural water service provider. (2) Affordability inclusions The report under paragraph (1) shall include— (A) a definition of the term affordable access to water services (B) a description of the criteria used in defining affordable access to water services (C) a definition of the term lack of affordable access to water services (D) a description of the methodology and criteria used in defining lack of affordable access to water services (E) a determination of the prevalence of a lack of affordable access to water services, as defined under subparagraph (C); (F) the methodology and criteria used to determine the prevalence of a lack of affordable access to water services under subparagraph (E); (G) any additional information with respect to the affordable access to water services, as defined under subparagraph (A), provided by rural water service providers, medium water service providers, and large water service providers; (H) with respect to the development of the report, a consultation with all relevant stakeholders, including rural advocacy associations; (I) recommendations of the Administrator regarding the best methods to reduce the prevalence of a lack of affordable access to water services, as defined under subparagraph (C); and (J) a description of the cost of each method described in subparagraph (I). (3) Agreements The Administrator may enter into an agreement with another Federal agency to carry out the study under paragraph (1). 109. Rural and low-income water assistance pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a municipality, Tribal government, or other entity that— (i) owns or operates a community water system, treatment works, or municipal separate storm sewer system; or (ii) as determined by the Administrator, has taken on an unsustainable level of debt due to customer nonpayment for the services provided by a community water system, treatment works, or municipal separate storm sewer system; and (B) a State exercising primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act ( 42 U.S.C. 300f 33 U.S.C. 1251 (2) Pilot program The term pilot program (3) Water services needs assessment The term water services needs assessment (b) Establishment (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to eligible entities to develop and implement programs to assist qualifying households with need in maintaining access to drinking water and wastewater treatment. (2) Requirement In establishing the pilot program, the Administrator shall ensure that data from the water services needs assessment directly contributes to the structure of the pilot program by informing the types of assistance and criteria used for priority consideration with the demonstrated need from the study conducted under section 108(b)(1) and the water services needs assessment. (3) Use of funds limitations A grant under the pilot program— (A) shall not be used to replace funds for any existing similar program; but (B) may be used to supplement or enhance an existing program, including a program that receives assistance from other Federal grants. (4) Term The term of a grant awarded under the pilot program shall be subject to the availability of appropriations. (5) Types of assistance In establishing the pilot program, the Administrator may include provisions for— (A) direct financial assistance; (B) a lifeline rate; (C) bill discounting; (D) special hardship provisions; (E) a percentage-of-income payment plan; or (F) debt relief for the eligible entity or the community water system owned by the eligible entity for debt that is due to customer nonpayment for the services provided by the eligible entity or the community water system that is determined by the Administrator to be in the interest of public health. (6) Requirement The Administrator shall award not more than 40 grants under the pilot program, of which— (A) not more than 8 shall be to eligible entities that own, operate, or exercise primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act ( 42 U.S.C. 300f 33 U.S.C. 1251 (B) not more than 8 shall be to eligible entities that own or operate a medium water service provider; (C) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves not more than 500,000 people; (D) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves more than 500,000 people; and (E) not more than 8 shall be to eligible entities that own or operate a community water system, treatment works, or municipal separate storm sewer system that services a disadvantaged community (consistent with the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) 33 U.S.C. 1383(i)(2) (7) Criteria In addition to any priority criteria established by the Administrator in response to the findings in the water services needs assessment, in awarding grants under the pilot program, the Administrator shall give priority consideration to eligible entities that— (A) serve a disproportionate percentage, as determined by the Administrator, of qualifying households with need, as identified in the water services needs assessment; (B) are subject to State or Federal enforcement actions relating to compliance with the Federal Water Pollution Control Act ( 33 U.S.C. 1251 42 U.S.C. 300f (C) maintain or participate in an existing community assistance program with objectives similar to the objectives of the pilot program, as determined by the Administrator. (8) Reporting requirements (A) In general In addition to any other applicable Federal or agency-specific grant reporting requirements, as a condition of receiving a grant under the pilot program, an eligible entity (or a State, on behalf of an eligible entity) shall submit to the Administrator an annual report that summarizes, in a manner determined by the Administrator, the use of grant funds by the eligible entity, including— (i) key features of the assistance provided by the eligible entity; (ii) sources of funding used to supplement Federal funds; and (iii) eligibility criteria. (B) Publication The Administrator shall publish each report submitted under subparagraph (A). (c) Technical assistance The Administrator shall provide technical assistance to each eligible entity, and each State, on behalf of an eligible entity, that receives a grant under the pilot program to support implementation of the program. (d) Report Not later than 2 years after the date on which grant funds are first disbursed to an eligible entity (or a State, on behalf of an eligible entity) under the program, and every year thereafter for the duration of the terms of the grants, the Administrator shall submit to Congress a report on the results of the pilot program. 110. Lead contamination in school drinking water Section 1464 of the Safe Drinking Water Act ( 42 U.S.C. 300j–24 (1) in subsection (b)— (A) in the first sentence, by inserting public water systems and to assist (B) in the third sentence, by inserting public water systems, schools, (2) in subsection (d)— (A) in the subsection heading, by inserting and reduction lead testing (B) in paragraph (2)— (i) in subparagraph (A), by striking the Administrator the Administrator shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead reduction grant program to make grants available to— (i) States to assist local educational agencies, public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those local educational agencies; and (ii) tribal consortia to assist tribal education agencies (as defined in section 3 of the National Environmental Education Act ( 20 U.S.C. 5502 ; and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by inserting or compliance monitoring for or remediation of lead contamination voluntary testing (II) in clause (i), by striking or (III) in clause (ii), by striking the period at the end and inserting a semicolon; and (IV) by adding at the end the following: (iii) any public water system that is located in a State that does not participate in the voluntary grant program established under subparagraph (A) that— (I) assists schools or child care programs in lead testing; (II) assists schools or child care programs with compliance monitoring; (III) assists schools with carrying out projects to remediate lead contamination in drinking water; or (IV) provides technical assistance to schools or child care programs in carrying out lead testing; or (iv) a qualified nonprofit organization, as determined by the Administrator. ; (C) in paragraphs (3), (5), (6), and (7), by striking State or local educational agency State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization (D) in paragraph (4)— (i) by striking States and local educational agencies States, local educational agencies, public water systems, tribal consortia, and qualified nonprofit organizations (ii) by inserting or the remediation of testing for (E) in paragraph (6)— (i) in the matter preceding subparagraph (A)— (I) by striking State or local educational agency State, local educational agency, public water system, tribal consortium, or qualified nonprofit agency (II) by inserting , public water system, tribal consortium, or qualified nonprofit organization each local educational agency (ii) in subparagraph (A)(ii)— (I) by inserting or tribal applicable State (II) by striking reducing lead voluntary testing or compliance monitoring for and remediation of lead contamination (iii) in subparagraph (B)(i), by inserting applicable local educational agency (F) in paragraph (7), by striking testing for testing or compliance monitoring for or remediation of (G) by striking paragraph (8) and inserting the following: (8) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $30,000,000 for fiscal year 2022; (B) $35,000,000 for fiscal year 2023; (C) $40,000,000 for fiscal year 2024; (D) $45,000,000 for fiscal year 2025; and (E) $50,000,000 for fiscal year 2026. . 111. Indian reservation drinking water program Section 2001 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115–270 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking Subject to the availability of appropriations, the Administrator of the Environmental Protection Agency The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (B) by striking to implement to implement eligible projects described in subsection (b). (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) that will— (A) improve water quality, water pressure, or water services through means such as connecting to, expanding, repairing, improving, or obtaining water from a public water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f (B) improve water quality or sanitation or wastewater services at a treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ; (3) by redesignating subsection (d) as subsection (g); (4) by striking subsection (c) and inserting the following: (c) Required projects (1) In general If sufficient projects exist, of the funds made available to carry out this section, the Administrator shall use 50 percent to carry out— (A) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin; (B) 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin; (C) 10 eligible projects described in subsection (b) that are within the Columbia River Basin; (D) 10 eligible projects described in subsection (b) that are within the Lower Colorado River Basin; and (E) 10 eligible projects described in subsection (b) that are within the Arkansas-White-Red River Basin. (2) Requirement In carrying out paragraph (1)(A), the Administrator shall select not fewer than 2 eligible projects for a reservation that serves more than 1 federally recognized Indian Tribe. (d) Priority In selecting projects to carry out under this section, the Administrator shall give priority to projects that— (1) respond to emergency situations occurring due to or resulting in a lack of access to clean drinking water that threatens the health of Tribal populations; (2) would serve a Tribal population that would qualify as a disadvantaged community based on the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d)(3) (3) would address the underlying factors contributing to— (A) an enforcement action commenced pursuant to the Safe Drinking Water Act ( 42 U.S.C. 300f 42 U.S.C. 300f Drinking Water and Wastewater Infrastructure Act of 2021 (B) an enforcement action commenced pursuant to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 33 U.S.C. 1292 Drinking Water and Wastewater Infrastructure Act of 2021 (e) Federal share The Federal share of the cost of a project carried out under this section shall be 100 percent. (f) Report Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 ; and (5) in subsection (g) (as so redesignated)— (A) by striking There is There are (B) by striking subsection (a) $20,000,000 subsection (a)— (1) $20,000,000 ; (C) in paragraph (1) (as so designated), by striking 2022. 2021; and (D) by adding at the end the following: (2) $50,000,000 for each of fiscal years 2022 through 2026. . 112. Advanced drinking water technologies Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j 1459G. Advanced drinking water technologies (a) Study (1) In general Subject to the availability of appropriations, not later than 1 year after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (2) Report The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under paragraph (1). (b) Advanced drinking water technology grant program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity (i) serves— (I) a population of not more than 100,000 people; or (II) a community described in section 1459A(c)(2); (ii) has plans to identify or has identified opportunities in the operations of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1); and (iii) has expressed an interest in the opportunities in the operation of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1). (B) Program The term program (C) Underserved community The term underserved community (2) Establishment The Administrator shall establish a competitive grant program under which the Administrator shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii). (3) Requirements (A) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (B) Federal share (i) In general Subject to clause (ii), the Federal share of the cost of a project carried out using a grant under the program shall not exceed 90 percent of the total cost of the project. (ii) Waiver The Administrator may increase the Federal share under clause (i) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. (4) Report Not later than 2 years after the date on which the Administrator first awards a grant under the program, and annually thereafter, the Administrator shall submit to Congress a report describing— (A) each recipient of a grant under the program during the previous 1-year period; and (B) a summary of the activities carried out using grants awarded under the program. (5) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (B) Administrative costs Not more than 2 percent of the amount made available for a fiscal year under subparagraph (A) to carry out the program may be used by the Administrator for the administrative costs of carrying out the program. . 113. Cybersecurity support for public water systems Part B of the Safe Drinking Water Act ( 42 U.S.C. 300g 1420A. Cybersecurity support for public water systems (a) Definitions In this section: (1) Appropriate Congressional committees The term appropriate Congressional committees (A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Homeland Security of the House of Representatives. (2) Director The term Director (3) Incident The term incident (4) Prioritization Framework The term Prioritization Framework (5) Support Plan The term Support Plan (b) Identification of and support for public water systems (1) Prioritization framework (A) In general Not later than 180 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (B) Considerations In developing the Prioritization Framework, to the extent practicable, the Administrator shall incorporate consideration of— (i) whether cybersecurity vulnerabilities for a public water system have been identified under section 1433; (ii) the capacity of a public water system to remediate a cybersecurity vulnerability without additional Federal support; (iii) whether a public water system serves a defense installation or critical national security asset; and (iv) whether a public water system, if degraded or rendered inoperable due to an incident, would cause a cascading failure of other critical infrastructure. (2) Technical Cybersecurity Support Plan (A) In general Not later than 270 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (B) Requirements The Support Plan— (i) shall establish a methodology for identifying specific public water systems for which cybersecurity support should be prioritized; (ii) shall establish timelines for making voluntary technical support for cybersecurity available to specific public water systems; (iii) may include public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity; (iv) shall include specific capabilities of the Administrator and the Director that may be utilized to provide support to public water systems under the Support Plan, including— (I) site vulnerability and risk assessments; (II) penetration tests; and (III) any additional support determined to be appropriate by the Administrator; and (v) shall only include plans for providing voluntary support to public water systems. (3) Consultation required In developing the Prioritization Framework pursuant to paragraph (1) and the Support Plan pursuant to paragraph (2), the Administrator shall consult with such Federal or non-Federal entities as determined to be appropriate by the Administrator. (4) Reports required (A) Prioritization framework Not later than 190 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (B) Technical Cybersecurity Support Plan Not later than 280 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (i) the Support Plan; and (ii) a list describing any public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity during the development of the Support Plan. (c) Rules of construction Nothing in this section— (1) alters the existing authorities of the Administrator; or (2) compels a public water system to accept technical support offered by the Administrator. . 114. State response to contaminants Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(j)(1)) is amended— (1) in the matter preceding subparagraph (A), by striking an underserved community a community described in subsection (c)(2) (2) in subparagraph (A)(i), by striking such underserved that 115. Annual study on boil water advisories (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall conduct a study on the prevalence of boil water advisories issued in the United States. (b) Report (1) In general The Administrator shall submit to Congress a report describing the results of the most recent study conducted under subsection (a) as part of the annual budget request transmitted to Congress under section 1105(a) of title 31, United States Code. (2) Requirement In the annual report required under paragraph (1), the Administrator shall include a description of the reasons for which boil water advisories were issued during the year covered by the report. II Clean water 201. Research, investigations, training, and information (a) Reauthorization Section 104(u) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(u) (1) by striking and (7) (7) (2) in paragraph (7)— (A) by striking 2023 2021 (B) by striking the period at the end and inserting ; and (8) not to exceed $75,000,000 for each of fiscal years 2022 through 2026 for carrying out subsections (b)(3), (b)(8), and (g), of which not less than $50,000,000 each fiscal year shall be used to carry out subsection (b)(8). (b) Communication Each nonprofit organization that receives funding under paragraph (8) of section 104(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b) (c) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that describes the implementation of the grants authorized under subsections (b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution Control Act ( 33 U.S.C. 1254 202. Wastewater efficiency grant pilot program Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 222. Wastewater efficiency grant pilot program (a) Establishment Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program (referred to in this section as the pilot program (b) Selection (1) Applications To be eligible to receive a grant under the pilot program, an owner or operator of a treatment works shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (2) Number of recipients The Administrator shall select not more than 15 recipients of grants under the pilot program from applications submitted under paragraph (1). (c) Use of funds (1) In general Subject to paragraph (2), a recipient of a grant under the pilot program may use grant funds for— (A) sludge collection; (B) installation of anaerobic digesters; (C) methane capture; (D) methane transfer; (E) facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and (F) other new and emerging, but proven, technologies that transform waste to energy. (2) Limitation A grant to a recipient under the pilot program shall be not more than $4,000,000. (d) Reports (1) Report to the Administrator Not later than 2 years after receiving a grant under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the recipient of the grant shall submit to the Administrator a report describing the impact of that project on the communities within 3 miles of the treatment works. (2) Report to Congress Not later than 1 year after first awarding grants under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the Administrator shall submit to Congress a report describing— (A) the applications received by the Administrator for grants under the pilot program; and (B) the projects for which grants were awarded under the pilot program. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the pilot program $20,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. . 203. Pilot program for alternative water source projects Section 220 of the Federal Water Pollution Control Act ( 33 U.S.C. 1300 (1) in subsection (b), in the heading, by striking In General Establishment (2) in subsection (d)— (A) in paragraph (1), by inserting construction funds (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (3) by striking subsection (e); (4) in subsection (i)— (A) in the matter preceding paragraph (1), by striking , the following definitions apply (B) in paragraph (1), in the first sentence, by striking water or wastewater or by treating wastewater water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes (5) in subsection (j)— (A) in the first sentence, by striking There is (1) In general There is ; (B) in paragraph (1) (as so designated), by striking a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall $25,000,000 for each of fiscal years 2022 through 2026, to (C) by adding at the end the following: (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ; and (6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order. 204. Sewer overflow and stormwater reuse municipal grants Section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 (1) in subsection (a)(1) — (A) in subparagraph (A), by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters; and ; (2) in subsection (d)— (A) in the second sentence, by striking The non-Federal share of the cost (3) Types of non-Federal share The applicable non-Federal share of the cost under this subsection ; (B) in the first sentence, by striking The Federal (1) In general The Federal ; and (C) by inserting after paragraph (1) (as so designated) the following: (2) Rural and financially distressed communities To the maximum extent practicable, the Administrator shall work with States to prevent the non-Federal share requirements under this subsection from being passed on to rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)). ; (3) in subsection (f)— (A) by striking paragraph (1) and inserting the following: (1) In general There is authorized to be appropriated to carry out this section $280,000,000 for each of fiscal years 2022 through 2026. ; and (B) in paragraph (2)— (i) by striking To the extent (A) Green projects To the extent ; and (ii) by adding at the end the following: (B) Rural or financially distressed community allocation (i) Definitions In this subparagraph: (I) Financially distressed community The term financially distressed community (II) Rural community The term rural community (ii) Allocation (I) In general To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 25 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning, design, and construction of— (aa) treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or (bb) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c). (II) Rural communities Of the funds allocated under subclause (I) for the purposes described in that subclause, to the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 60 percent to carry out projects in rural communities. ; and (4) in subsection (i)— (A) in the second sentence, by striking The recommended funding levels (B) Requirement The funding levels recommended under subparagraph (A)(i) ; (B) in the first sentence, by striking Not later (1) Periodic reports (A) In general Not later ; (C) in paragraph (1)(A) (as so designated)— (i) by striking the period at the end and inserting ; and (ii) by striking containing recommended containing— (i) recommended ; and (iii) by adding at the end the following: (ii) a description of the extent to which States pass costs associated with the non-Federal share requirements under subsection (d) to local communities, with a focus on rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)). ; and (D) by adding at the end the following: (2) Use of funds Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 . 205. Clean water infrastructure resiliency and sustainability program Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 223. Clean water infrastructure resiliency and sustainability program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a municipality; or (B) an intermunicipal, interstate, or State agency. (2) Natural hazard The term natural hazard (3) Program The term program (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities. (c) Use of funds An eligible entity that receives a grant under the program shall use the grant funds for planning, designing, or constructing projects (on a system-wide or area-wide basis) that increase the resilience of a publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities through— (1) the conservation of water; (2) the enhancement of water use efficiency; (3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of— (A) natural and engineered green infrastructure; and (B) reclamation and reuse of wastewater and stormwater, such as aquifer recharge zones; (4) the modification or relocation of an existing publicly owned treatment works, conveyance, or discharge system component that is at risk of being significantly impaired or damaged by a natural hazard; (5) the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities, as applicable; or (6) the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater. (d) Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (1) a proposal of the project to be planned, designed, or constructed using funds under the program; (2) an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed project; (3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located; (4) a description of any recent natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerabilities that have affected the publicly owned treatment works; (5) a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard or natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable; and (6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to a natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable. (e) Grant amount and other federal requirements (1) Cost share Except as provided in paragraph (2), a grant under the program shall not exceed 75 percent of the total cost of the proposed project. (2) Exception (A) In general Except as provided in subparagraph (B), a grant under the program shall not exceed 90 percent of the total cost of the proposed project if the project serves a community that— (i) has a population of fewer than 10,000 individuals; or (ii) meets the affordability criteria established by the State in which the community is located under section 603(i)(2). (B) Waiver At the discretion of the Administrator, a grant for a project described in subparagraph (A) may cover 100 percent of the total cost of the proposed project. (3) Requirements The requirements of section 608 shall apply to a project funded with a grant under the program. (f) Report Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. . 206. Small and medium publicly owned treatment works circuit rider program Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 224. Small and medium publicly owned treatment works circuit rider program (a) Establishment Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish a circuit rider program (referred to in this section as the circuit rider program (b) Limitation A grant provided under the circuit rider program shall be in an amount that is not more than $75,000. (c) Prioritization In selecting recipients of grants under the circuit rider program, the Administrator shall give priority to qualified nonprofit entities, as determined by the Administrator, that would serve a community that— (1) has a history, for not less than the 10 years prior to the award of the grant, of unresolved wastewater issues, stormwater issues, or a combination of wastewater and stormwater issues; (2) is considered financially distressed; (3) faces the cumulative burden of stormwater and wastewater overflow issues; or (4) has previously failed to access Federal technical assistance due to cost-sharing requirements. (d) Communication Each qualified nonprofit entity that receives funding under this section shall, before using that funding to undertake activities to carry out this section, consult with the State in which the assistance is to be expended or otherwise made available. (e) Report Not later than 2 years after the date on which the Administrator establishes the circuit rider program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing— (1) each recipient of a grant under the circuit rider program; and (2) a summary of the activities carried out under the circuit rider program. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. . 207. Small publicly owned treatment works efficiency grant program Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 225. Small publicly owned treatment works efficiency grant program (a) Establishment Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish an efficiency grant program (referred to in this section as the efficiency grant program (b) Eligible entities The Administrator may award a grant under the efficiency grant program to— (1) an owner or operator of a small publicly owned treatment works that serves— (A) a population of not more than 10,000 people; or (B) a disadvantaged community; or (2) a nonprofit organization that seeks to assist a small publicly owned treatment works described in paragraph (1) to carry out the activities described in subsection (a). (c) Report Not later than 2 years after the date on which the Administrator establishes the efficiency grant program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing— (1) each recipient of a grant under the efficiency grant program; and (2) a summary of the activities carried out under the efficiency grant program. (d) Use of funds (1) Small systems Of the amounts made available for grants under this section, to the extent that there are sufficient applications, not less than 15 percent shall be used for grants to publicly owned treatment works that serve fewer than 3,300 people. (2) Limitation on use of funds Of the amounts made available for grants under this section, not more than 2 percent may be used to pay the administrative costs of the Administrator. . 208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 226. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income (a) Definition of eligible individual In this section, the term eligible individual (b) Grant program (1) In general Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals— (A) for the construction, repair, or replacement of an individual household decentralized wastewater treatment system; or (B) for the installation of a larger decentralized wastewater system designed to provide treatment for 2 or more households in which eligible individuals reside, if— (i) site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system; (ii) multiple examples of unsuitable site conditions exist in close geographic proximity to each other; and (iii) a larger decentralized wastewater system could be cost-effectively installed. (2) Application To be eligible to receive a grant under this subsection, a private nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate. (3) Priority In awarding grants under this subsection, the Administrator shall give priority to applicants that have substantial expertise and experience in promoting the safe and effective use of individual household decentralized wastewater systems. (4) Administrative expenses A private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in paragraph (1), as the Administrator determines to be appropriate. (c) Grants (1) In general Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection. (2) Application To be eligible to receive the services described in subsection (b)(1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual household decentralized wastewater system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such information as the private nonprofit organization determines to be appropriate. (3) Priority In awarding grants under this subsection, a private nonprofit organization shall give priority to any eligible individual who does not have access to a sanitary sewage disposal system. (d) Report Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the recipients of grants under the program under this section and the results of the program under this section. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. . 209. Connection to publicly owned treatment works Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 227. Connection to publicly owned treatment works (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) an owner or operator of a publicly owned treatment works that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works; or (B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works. (2) Program The term program (3) Qualified individual The term qualified individual eligible individual (b) Establishment Subject to the availability of appropriations, the Administrator shall establish a competitive grant program with the purpose of improving general welfare, under which the Administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works. (c) Application (1) In general An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may by regulation require. (2) Requirement Not later than 90 days after the date on which the Administrator receives an application from an eligible entity under paragraph (1), the Administrator shall notify the eligible entity of whether the Administrator will award a grant to the eligible entity under the program. (d) Selection criteria In selecting recipients of grants under the program, the Administrator shall use the following criteria: (1) Whether the eligible entity seeking a grant provides services to, or works directly with, qualified individuals. (2) Whether the eligible entity seeking a grant— (A) has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works; or (B) seeks to create a program described in subparagraph (A). (e) Requirements (1) Voluntary connection Before providing funds to a qualified individual for the costs described in subsection (b), an eligible entity shall ensure that— (A) the qualified individual has connected to the publicly owned treatment works voluntarily; and (B) if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected, the publicly owned treatment works to which the qualified individual has connected has agreed to the connection. (2) Reimbursements from publicly owned treatment works An eligible entity that is an owner or operator of a publicly owned treatment works may reimburse a qualified individual that has already incurred the costs described in subsection (b) by— (A) reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator; or (B) providing a direct payment to the qualified individual. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the program $40,000,000 for each of fiscal years 2022 through 2026. (2) Limitations on use of funds (A) Small systems Of the amounts made available for grants under paragraph (1), to the extent that there are sufficient applications, not less than 15 percent shall be used to make grants to— (i) eligible entities described in subsection (a)(1)(A) that are owners and operators of publicly owned treatment works that serve fewer than 3,300 people; and (ii) eligible entities described in subsection (a)(1)(B) that provide the assistance described in that subsection in areas that are served by publicly owned treatment works that serve fewer than 3,300 people. (B) Administrative costs Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. . 210. Clean water State revolving funds (a) Use of funds (1) In general Section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 (A) in subsection (d), in the matter preceding paragraph (1), by inserting and provided in subsection (k) State law (B) in subsection (i)— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking , including forgiveness of principal and negative interest loans (including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt) (ii) in paragraph (3), by striking subparagraph (B) and inserting the following: (B) Total amount of subsidization (i) In general For each fiscal year, of the amount of the capitalization grant received by the State under this title, the total amount of additional subsidization made available by a State under paragraph (1)— (I) may not exceed 30 percent; and (II) to the extent that there are sufficient applications for assistance to communities described in that paragraph, may not be less than 10 percent. (ii) Exclusion A loan from the water pollution control revolving fund of a State with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subparagraph. ; and (C) by adding at the end the following: (k) Additional use of funds A State may use an additional 2 percent of the funds annually awarded to each State under this title for nonprofit organizations (as defined in section 104(w)) or State, regional, interstate, or municipal entities to provide technical assistance to rural, small, and tribal publicly owned treatment works (within the meaning of section 104(b)(8)(B)) in the State. . (2) Technical amendment Section 104(w) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(w) treatments works treatment works (b) Capitalization grant reauthorization Section 607 of the Federal Water Pollution Control Act ( 33 U.S.C. 1387 607. Authorization of appropriations There are authorized to be appropriated to carry out the purposes of this title— (1) $2,400,000,000 for fiscal year 2022; (2) $2,750,000,000 for fiscal year 2023; (3) $3,000,000,000 for fiscal year 2024; and (4) $3,250,000,000 for each of fiscal years 2025 and 2026. . 211. Water infrastructure and workforce investment Section 4304 of the America's Water Infrastructure Act of 2018 ( 42 U.S.C. 300j–19e (1) in subsection (a)(3)— (A) in subparagraph (A), by inserting Tribal, State, (B) in subparagraph (B), by striking community-based organizations community-based organizations and public works departments or agencies to align water and wastewater utility workforce recruitment efforts, training programs, retention efforts, and community resources with water and wastewater utilities— (i) to accelerate career pipelines; (ii) to ensure the sustainability of the water and wastewater utility workforce; and (iii) to provide access to workforce opportunities. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ; and , which may include— (iii) in the matter preceding subparagraph (A), by striking program— to assist program to assist (iv) by adding at the end the following: (A) expanding the use and availability of activities and resources that relate to the recruitment, including the promotion of diversity within that recruitment, of individuals to careers in the water and wastewater utility sector; (B) expanding the availability of training opportunities for— (i) individuals entering into the water and wastewater utility sector; and (ii) individuals seeking to advance careers within the water and wastewater utility sector; and (C) expanding the use and availability of activities and strategies, including the development of innovative activities and strategies, that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking institutions— institutions, or public works departments and agencies— (ii) in subparagraph (A)— (I) by striking clauses (ii) and (iii); (II) in clause (i), by adding or (III) by redesignating clause (i) as clause (ii); (IV) by inserting before clause (ii) (as so redesignated) the following: (i) in the development of educational or recruitment materials and activities, including those materials and activities that specifically promote diversity within recruitment, for the water and wastewater utility workforce; ; and (V) by adding at the end the following: (iii) developing activities and strategies that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector; and ; (C) in paragraph (3)— (i) in subparagraph (D)(ii), by inserting or certification training (ii) in subparagraph (E), by striking ensure that incumbent water and waste water utilities workers are designed to retain incumbent water and wastewater utility workforce workers by ensuring that those workers (D) by striking paragraph (4) and inserting the following: (4) Working group; report (A) In general The Administrator shall establish and coordinate a Federal interagency working group to address recruitment, training, and retention challenges in the water and wastewater utility workforce, which shall include representatives from— (i) the Department of Education; (ii) the Department of Labor; (iii) the Department of Agriculture; (iv) the Department of Veterans Affairs; and (v) other Federal agencies, as determined to be appropriate by the Administrator. (B) Report Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (C) Consultation In carrying out the duties of the working group established under subparagraph (A), the working group shall consult with State operator certification programs. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026. ; (3) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (4) by inserting before subsection (b) (as so redesignated) the following: (a) Definition of public works department or agency In this section, the term public works department or agency . 212. Grants to Alaska to improve sanitation in rural and Native villages Section 303 of the Safe Drinking Water Act Amendments of 1996 ( 33 U.S.C. 1263a (1) in subsection (b), by striking 50 percent 75 percent (2) in subsection (e), by striking this section this section— (1) $40,000,000 for each of fiscal years 2022 through 2024; (2) $50,000,000 for fiscal year 2025; and (3) $60,000,000 for fiscal year 2026. . 213. Water data sharing pilot program (a) Establishment (1) In general Subject to the availability of appropriations, the Administrator shall establish a competitive grant pilot program (referred to in this section as the pilot program (A) establishing a website or data hub to exchange water data, including data on water quality or water technology, including new and emerging, but proven, water technology; and (B) intercounty communications initiatives related to water data. (2) Requirements (A) Data sharing The Internet of Water principles developed by the Nicholas Institute for Environmental Policy Solutions shall, to the extent practicable, guide any water data sharing efforts under the pilot program. (B) Use of existing data The recipient of a grant under the pilot program to establish a website or data hub described in paragraph (1)(A) shall, to the extent practicable, leverage existing data sharing infrastructure. (b) Eligible entities An entity eligible for a grant under the pilot program is— (1) a State, county, or other unit of local government that— (A) has a coastal watershed with significant pollution levels; (B) has a water system with significant pollution levels; or (C) has significant individual water infrastructure deficits; or (2) a regional consortium established under subsection (d). (c) Applications To be eligible to receive a grant under the pilot program, an eligible entity under subsection (b) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (d) Regional consortia (1) Establishment States may establish regional consortia in accordance with this subsection. (2) Requirements A regional consortium established under paragraph (1) shall— (A) include not fewer than 2 States that have entered into a memorandum of understanding— (i) to exchange water data, including data on water quality; or (ii) to share information, protocols, and procedures with respect to projects that evaluate, demonstrate, or install new and emerging, but proven, water technology; (B) carry out projects— (i) to exchange water data, including data on water quality; or (ii) that evaluate, demonstrate, or install new and emerging, but proven, water technology; and (C) develop a regional intended use plan, in accordance with paragraph (3), to identify projects to carry out, including projects using grants received under this section. (3) Regional intended use plan A regional intended use plan of a regional consortium established under paragraph (1)— (A) shall identify projects that the regional consortium intends to carry out, including projects that meet the requirements of paragraph (2)(B); and (B) may include— (i) projects included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1386(c) (ii) projects not included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1386(c) (e) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that describes the implementation of the pilot program, which shall include— (1) a description of the use and deployment of amounts made available under the pilot program; and (2) an accounting of all grants awarded under the program, including a description of each grant recipient and each project funded using a grant under the pilot program. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out the pilot program $15,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Requirement Of the funds made available under paragraph (1), not more than 35 percent may be used to provide grants to regional consortia established under subsection (d). 214. Final rating opinion letters Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3907(a)(1)(D)(ii) final rating opinion letters from at least 2 rating agencies a final rating opinion letter from at least 1 rating agency 215. Water infrastructure financing reauthorization (a) In general Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3912 (1) in subsection (a), by adding at the end the following: (3) Fiscal years 2022 through 2026 There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. ; (2) in subsection (b)(2)— (A) in the paragraph heading, by striking 2020 and 2021 after 2019 (B) by striking 2020 and 2021 2022 through 2026 (3) in subsection (e)(1), by striking 2020 and 2021 2022 through 2026 (b) Outreach plan The Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 5036. Outreach plan (a) Definition of rural community In this section, the term rural community (b) Outreach required Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities and rural communities. . 216. Small and disadvantaged community analysis (a) Analysis Not later than 2 years after the date of enactment of this Act, using environmental justice data of the Environmental Protection Agency, including data from the environmental justice mapping and screening tool of the Environmental Protection Agency, the Administrator shall carry out an analysis under which the Administrator shall assess the programs under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 42 U.S.C. 300j–12 42 U.S.C. 4321 (b) Requirement The analysis under subsection (a) shall include an analysis, to the extent practicable, of communities in the United States that do not have access to drinking water or wastewater services. (c) Report On completion of the analysis under subsection (a), the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives a report describing— (1) the results of the analysis; and (2) the criteria the Administrator used in carrying out the analysis. 217. Stormwater infrastructure technology (a) Definitions In this section: (1) Center The term center (2) Eligible entity The term eligible entity (A) a State, Tribal, or local government; or (B) a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure. (3) Eligible institution The term eligible institution (A) that has demonstrated excellence in researching and developing new and emerging stormwater control infrastructure technologies; and (B) with respect to a nonprofit organization, the core mission of which includes water management, as determined by the Administrator. (b) Centers of Excellence for stormwater control infrastructure technologies (1) Establishment of centers (A) In general Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for new and emerging stormwater control infrastructure technologies, to be located in various regions throughout the United States. (B) General operation Each center shall— (i) conduct research on new and emerging stormwater control infrastructure technologies that are relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, alternative funding approaches, and other environmental, economic, and social benefits, with the goal of improving the effectiveness, cost efficiency, and protection of public safety and water quality; (ii) maintain a listing of— (I) stormwater control infrastructure needs; and (II) an analysis of new and emerging stormwater control infrastructure technologies that are available; (iii) analyze whether additional financial programs for the implementation of new and emerging, but proven, stormwater control infrastructure technologies would be useful; (iv) provide information regarding research conducted under clause (i) to the national electronic clearinghouse center for publication on the Internet website established under paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal, and local governments and the private sector information regarding new and emerging, but proven, stormwater control infrastructure technologies; (v) provide technical assistance to State, Tribal, and local governments to assist with the design, construction, operation, and maintenance of stormwater control infrastructure projects that use innovative technologies; (vi) collaborate with institutions of higher education and private and public organizations, including community-based public-private partnerships and other stakeholders, in the geographical region in which the center is located; and (vii) coordinate with the other centers to avoid duplication of efforts. (2) Application To be eligible to receive a grant under this subsection, an eligible institution shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (3) National electronic clearinghouse center Of the centers established under paragraph (1)(A), 1 shall— (A) be designated as the national electronic clearinghouse center (B) in addition to the other functions of that center— (i) develop, operate, and maintain an Internet website and a public database that contains information relating to new and emerging, but proven, stormwater control infrastructure technologies; and (ii) post to the website information from all centers. (4) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026. (B) Limitation on use of funds Of the amounts made available for grants under subparagraph (A), not more than 2 percent may be used to pay the administrative costs of the Administrator. (c) Stormwater control infrastructure project grants (1) Grant authority Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible entities to carry out stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies in accordance with this subsection. (2) Stormwater control infrastructure projects (A) Planning and development grants The Administrator may make planning and development grants under this subsection for the following projects: (i) Planning and designing stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies, including engineering surveys, landscape plans, maps, long-term operations and maintenance plans, and implementation plans. (ii) Identifying and developing standards necessary to accommodate stormwater control infrastructure projects, including those projects that incorporate new and emerging, but proven, stormwater control technologies. (iii) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of stormwater control infrastructure, including new and emerging, but proven, stormwater control infrastructure technologies. (iv) Developing approaches for community-based public-private partnerships for the financing and construction of stormwater control infrastructure technologies, including feasibility studies, stakeholder outreach, and needs assessments. (v) Developing and delivering training and educational materials regarding new and emerging, but proven, stormwater control infrastructure technologies for distribution to— (I) individuals and entities with applicable technical knowledge; and (II) the public. (B) Implementation grants The Administrator may make implementation grants under this subsection for the following projects: (i) Installing new and emerging, but proven, stormwater control infrastructure technologies. (ii) Protecting or restoring interconnected networks of natural areas that protect water quality. (iii) Monitoring and evaluating the environmental, economic, or social benefits of stormwater control infrastructure technologies that incorporate new and emerging, but proven, stormwater control technology. (iv) Implementing a best practices standard for stormwater control infrastructure programs. (3) Application Except as otherwise provided in this section, to be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require, including, as applicable— (A) a description of the stormwater control infrastructure project that incorporates new and emerging, but proven, technologies; (B) a plan for monitoring the impacts and pollutant load reductions associated with the stormwater control infrastructure project on the water quality and quantity; (C) an evaluation of other environmental, economic, and social benefits of the stormwater control infrastructure project; and (D) a plan for the long-term operation and maintenance of the stormwater control infrastructure project and a tracking system, such as asset management practices. (4) Priority In making grants under this subsection, the Administrator shall give priority to applications submitted on behalf of— (A) a community that— (i) has municipal combined storm and sanitary sewers in the collection system of the community; or (ii) is a small, rural, or disadvantaged community, as determined by the Administrator; or (B) an eligible entity that will use not less than 15 percent of the grant to provide service to a small, rural, or disadvantaged community, as determined by the Administrator. (5) Maximum amounts (A) Planning and development grants (i) Single grant The amount of a single planning and development grant provided under this subsection shall be not more than $200,000. (ii) Aggregate amount The total amount of all planning and development grants provided under this subsection for a fiscal year shall be not more than 1/3 (B) Implementation grants (i) Single grant The amount of a single implementation grant provided under this subsection shall be not more than $2,000,000. (ii) Aggregate amount The total amount of all implementation grants provided under this subsection for a fiscal year shall be not more than 2/3 (6) Federal share (A) In general Except as provided in subparagraph (C), the Federal share of a grant provided under this subsection shall not exceed 80 percent of the total project cost. (B) Credit for implementation grants The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this subsection the cost of planning, design, and construction work completed for the project using funds other than funds provided under this section. (C) Exception The Administrator may waive the Federal share limitation under subparagraph (A) for an eligible entity that has adequately demonstrated financial need. (d) Report to Congress Not later than 2 years after the date on which the Administrator first awards a grant under this section, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report— (1) a description of all grants provided under this section; (2) a detailed description of— (A) the projects supported by those grants; and (B) the outcomes of those projects; (3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this section; (4) recommendations for improvements to promote and support new and emerging, but proven, stormwater control infrastructure, including research into new and emerging technologies, for the centers, grants, and activities under this section; and (5) a description of existing challenges concerning the use of new and emerging, but proven, stormwater control infrastructure. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section (except for subsection (b)) $10,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. 218. Water Reuse Interagency Working Group (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Water Reuse Interagency Working Group (referred to in this section as the Working Group (b) Purpose The purpose of the Working Group is to develop and coordinate actions, tools, and resources to advance water reuse across the United States, including through the implementation of the February 2020 National Water Reuse Action Plan, which creates opportunities for water reuse in the mission areas of each of the Federal agencies included in the Working Group under subsection (c) (referred to in this section as the Action Plan (c) Chairperson; membership The Working Group shall be— (1) chaired by the Administrator; and (2) comprised of senior representatives from such Federal agencies as the Administrator determines to be appropriate. (d) Duties of the Working Group In carrying out this section, the Working Group shall— (1) with respect to water reuse, leverage the expertise of industry, the research community, nongovernmental organizations, and government; (2) seek to foster water reuse as an important component of integrated water resources management; (3) conduct an assessment of new opportunities to advance water reuse and annually update the Action Plan with new actions, as necessary, to pursue those opportunities; (4) seek to coordinate Federal programs and policies to support the adoption of water reuse; (5) consider how each Federal agency can explore and identify opportunities to support water reuse through the programs and activities of that Federal agency; and (6) consult, on a regular basis, with representatives of relevant industries, the research community, and nongovernmental organizations. (e) Report Not less frequently than once every 2 years, the Administrator shall submit to Congress a report on the activities and findings of the Working Group. (f) Sunset (1) In general Subject to paragraph (2), the Working Group shall terminate on the date that is 6 years after the date of enactment of this Act. (2) Extension The Administrator may extend the date of termination of the Working Group under paragraph (1). 219. Advanced clean water technologies study (a) In general Subject to the availability of appropriations, not later than 2 years after the date of enactment of this Act, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of wastewater services provided by a treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 (b) Report The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under subsection (a). 220. Clean watersheds needs survey Title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 609. Clean watersheds needs survey (a) Requirement Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021 (1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 603(c) for assistance from State water pollution control revolving funds; and (2) submit to Congress a report describing the results of the assessment completed under paragraph (1). (b) Authorization of appropriations There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended. . 221. Water Resources Research Act amendments (a) Clarification of research activities Section 104(b)(1) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(b)(1) (1) in subparagraph (B)(ii), by striking water-related phenomena water resources (2) in subparagraph (D), by striking the period at the end and inserting ; and (b) Compliance report Section 104 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303 (c) Grants (1) In general From the sums appropriated pursuant to subsection (f), the Secretary shall make grants to each institute to be matched on a basis of no less than 1 non-Federal dollar for every 1 Federal dollar. (2) Report Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year. . (c) Evaluation of water resources research program Section 104 of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303 (e) Evaluation of water resources research program (1) In general The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine— (A) the quality and relevance of the water resources research of the institute; (B) the effectiveness of the institute at producing measured results and applied water supply research; and (C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section. (2) Prohibition on further support If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary. . (d) Authorization of appropriations Section 104(f)(1) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(f)(1) fiscal years 2007 through 2011 fiscal years 2022 through 2025 (e) Additional appropriations where research focused on water problems of interstate nature Section 104(g)(1) of the Water Resources Research Act of 1984 ( 42 U.S.C. 10303(g)(1) $6,000,000 for each of fiscal years 2007 through 2011 $3,000,000 for each of fiscal years 2022 through 2025 222. Enhanced aquifer use and recharge Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 124. Enhanced aquifer use and recharge (a) In general Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which— (1) not less than 50 percent shall be used to provide 1 grant to a State, unit of local government, or Indian Tribe to carry out activities that would directly support that research; and (2) the remainder shall be provided to 1 appropriate research center. (b) Coordination As a condition of accepting funds under subsection (a), the State, unit of local government, or Indian Tribe and the appropriate research center that receive funds under that subsection shall establish a formal research relationship for the purpose of coordinating efforts under this section. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. . Passed the Senate April 29, 2021. Secretary | Drinking Water and Wastewater Infrastructure Act of 2021 |
Water Affordability, Transparency, Equity, and Reliability Act of 2021 This bill provides funding for several programs related to controlling water pollution or protecting drinking water, revises requirements concerning the clean water state revolving fund (SRF) and the drinking water SRF, and creates or reauthorizes several grant programs for water infrastructure. For example, the Environmental Protection Agency must establish a grant program for repairing, replacing, or upgrading septic tanks and drainage fields. In addition, the bill makes permanent a grant program for household water well systems in rural areas. It also increases the amount of appropriations for grant programs, including a program that awards grants to prevent lead from contaminating drinking water fountains in schools and day care facilities. | 117 S916 IS: Water Affordability, Transparency, Equity, and Reliability Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 916 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Sanders Committee on Environment and Public Works A BILL To provide adequate funding for water and sewer infrastructure, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Water Affordability, Transparency, Equity, and Reliability 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. Water Affordability, Transparency, Equity, and Reliability. Sec. 3. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection. Sec. 4. Technical assistance to rural and small municipalities and Tribal governments. Sec. 5. Residential onsite sewage disposal system improvement. Sec. 6. Household water well systems. Sec. 7. State water pollution control revolving funds. Sec. 8. Use of State revolving loan funds under the Safe Drinking Water Act. Sec. 9. Drinking water grant programs. Sec. 10. Requirement for the use of American materials in drinking water infrastructure. Sec. 11. Labor provisions. 2. Water Affordability, Transparency, Equity, and Reliability (a) Clean water programs (1) In general At the beginning of each fiscal year, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (A) not more than $174,250,000 for making grants under section 104(b)(8) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b)(8) (B) not more than $522,750,000 for making grants under section 106 of that Act ( 33 U.S.C. 1256 (C) not more than $871,250,000 for making grants under section 222 of that Act (as added by section 5); (D) not more than $871,250,000 for making grants under section 319 of that Act ( 33 U.S.C. 1329 (E) not more than $15,682,500,000 for making capitalization grants under section 601 of that Act ( 33 U.S.C. 1381 (2) Funding On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to carry out this subsection $18,122,000,000, to remain available until expended. (3) Availability of funds Amounts transferred to the Administrator under paragraph (2) and obligated by the Administrator under paragraph (1) shall remain available to the Administrator, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated. (b) Safe drinking water funding (1) In general At the beginning of each fiscal year, the Administrator shall obligate, for the fiscal year— (A) not more than $174,250,000 for providing technical assistance under section 1442(e) of the Safe Drinking Water Act ( 42 U.S.C. 300j–1(e) (B) not more than $15,159,750,000 for making capitalization grants under section 1452 of that Act ( 42 U.S.C. 300j–12 (C) not more than $1,045,500,000 for making grants under section 1465 of that Act ( 42 U.S.C. 300j–25 (2) Funding On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to carry out this subsection $16,379,500,000, to remain available until expended. (3) Availability of funds Amounts transferred to the Administrator under paragraph (2) and obligated by the Administrator under paragraph (1) shall remain available to the Administrator, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated. (c) Household water well systems (1) In general At the beginning of each fiscal year, the Secretary of Agriculture (referred to in this subsection as the Secretary 7 U.S.C. 1926e (2) Funding On October 1 of each fiscal year, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $348,500,000, to remain available until expended. (3) Availability of funds Amounts transferred to the Secretary under paragraph (2) and obligated by the Secretary under paragraph (1) shall remain available to the Secretary, without further appropriation or fiscal year limitation, for the purposes for which the amounts were obligated. 3. Report on affordability, discrimination and civil rights violations, public participation in regionalization, and data collection (a) Study (1) In general The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator (2) Affordability In conducting the study under paragraph (1), the Administrator shall study water affordability nationwide, including— (A) rates for water and sewer services, increases in those rates during the 10-year period ending on the date on which the Administrator begins to carry out the study, and water service disconnections due to unpaid water service charges; and (B) for promoting affordable, equitable, transparent, and reliable water and sewer service, the effectiveness of funding under— (i) section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (ii) section 601 of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 (3) Discrimination and civil rights In conducting the study under paragraph (1), the Administrator, in collaboration with the Civil Rights Division of the Department of Justice, shall study— (A) discriminatory practices of water and sewer service providers; and (B) violations by water and sewer service providers that receive Federal assistance of civil rights under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (4) Public participation in regionalization In conducting the study under paragraph (1), the Administrator shall evaluate efforts to regionalize public water systems (as defined in section 1401 of the Safe Water Drinking Act ( 42 U.S.C. 300f (A) the decision to undergo the regionalization; and (B) decisionmaking by the board of directors (or other governing body) of the entity that provides, or oversees or coordinates the provision of, water by the public water systems subject to the regionalization. (5) Data collection In conducting the study under paragraph (1), the Administrator shall collect information, assess the availability of information, and evaluate the methodologies used to collect information, related to— (A) people living without water or sewer services; (B) water service disconnections due to unpaid water service charges, including disconnections experienced by households containing children, elderly persons, disabled persons, chronically ill persons, or other vulnerable populations; and (C) disparate effects, on the basis of race, gender, or socioeconomic status, of water service disconnections and the lack of public water service. (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains— (1) the results of the study under subsection (a)(1); and (2) recommendations for utility companies, Federal agencies, and States with respect to the results of the study. 4. Technical assistance to rural and small municipalities and Tribal governments Section 104(u)(7) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(u)(7) not to exceed $25,000,000 for each of fiscal years 2019 through 2023 $175,000,000 for each of fiscal years 2021 through 2025 5. Residential onsite sewage disposal system improvement Title II of the Federal Water Pollution Control Act ( 33 U.S.C. 1281 222. Residential onsite sewage disposal systems Not later than 1 year after the date of enactment of this section, the Administrator shall establish a grant program to make grants to users of a septic tank and drainage field for costs associated with repairing, replacing, or upgrading the septic tank and drainage field. . 6. Household water well systems Section 306E(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926e(d) $20,000,000 for each of fiscal years 2019 through 2023 $348,500,000 for each fiscal year 7. State water pollution control revolving funds (a) Specific requirements Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) (1) in paragraph (2), by striking will be made to the State with funds to be made available were made to the State with funds made available for fiscal year 2021 (2) in paragraph (13)(B)(iii), by striking and (3) in paragraph (14), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (15) the State will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities, lots, or subdivisions, other than a project to construct an advanced decentralized wastewater system; and . (b) Projects and activities eligible for assistance Section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) (1) in paragraph (11)(B), by striking and (2) in paragraph (12)(B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (13) to any municipality or intermunicipal, interstate, or State agency for— (A) purchasing from a willing seller a privately owned treatment works for the purpose of bringing the treatment works into public ownership; and (B) expenses related to canceling a contract for the operation or management of a publicly owned treatment works. . (c) Increasing the amount of additional subsidization by the State Section 603(i)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(i)(3) (B) Additional limitation A State may use not less than 50 percent of the total amount received by the State in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection. . 8. Use of State revolving loan funds under the Safe Drinking Water Act Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting publicly owned, operated, and managed community water systems (ii) by striking subparagraph (E) and inserting the following: (E) Acquisition of real property The funds under this section may be used for— (i) purchasing from a willing seller a privately owned community water system for the purpose of bringing the community water system into public ownership; or (ii) for the expenses related to canceling a contract for the operation or management of a community water system. ; and (B) by adding at the end the following: (6) Exception to public ownership, operation, and management requirement Notwithstanding paragraph (2)(A), a public water system that regularly serves fewer than 10,000 persons, and that is not owned, operated, or managed by any person who owns, operates, or manages any other public water system, may receive assistance under this section. ; (2) in subsection (d), by striking paragraph (2) and inserting the following: (2) Total amount of subsidies To the extent that there are sufficient applications for loans to the communities described in paragraph (1), of the amount of the capitalization grant received by a State for a fiscal year, the total amount of loan subsidies made by the State for the fiscal year pursuant to paragraph (1) may not be less than 50 percent. ; (3) in subsection (e), by striking to be made to the State that was made to the State in fiscal year 2021 (4) in subsection (g)(3)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by inserting after subparagraph (C) the following: (D) guidance— (i) to ensure affordable, equitable, transparent and reliable water service provision; (ii) to provide protections for households facing service disconnection due to unpaid water service charges; and (iii) to promote universal equal access to water services. ; and (5) in subsection (k)(1), by adding at the end the following: (E) Provide assistance in the form of a grant to owners of private property on which a lead service line (as defined in section 1459B(a)) is or may be located, for the purpose of replacing the lead service line with a service line that is lead free (as defined in section 1417(d)). (F) Provide assistance to a publicly owned, operated, and managed community water system for the purpose of updating a treatment plant or switching water sources due to contamination from per- and polyfluoroalkyl substances (commonly referred to as PFAS (G) Provide assistance in the form of a grant to an owner of a household water well that has been contaminated by per- and polyfluoroalkyl substances (commonly referred to as PFAS . 9. Drinking water grant programs (a) School drinking water improvement Section 1465 of the Safe Drinking Water Act ( 42 U.S.C. 300j–25 (1) in the section heading, by striking fountain infrastructure (2) in subsection (a), by striking fountains manufactured prior to 1988 infrastructure (3) by striking subsection (b) and inserting the following: (b) Use of funds Funds awarded under the grant program may be used to pay costs associated with— (1) installing, repairing, or replacing the infrastructure necessary to ensure that drinking water fountains, drinking water coolers, and bottle filling stations at schools are lead free (as defined in section 1417(d)); and (2) monitoring and reporting of lead levels in the drinking water of schools, as determined appropriate by the Administrator. ; and (4) in subsection (d)— (A) by striking $5,000,000 $1,050,000,000 (B) by striking fiscal years 2019 through 2021 fiscal years 2021 through 2024 (b) Tribal drinking water Section 1452(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i)(1) (1) by striking 1 1/2 3 (2) by striking may shall 10. Requirement for the use of American materials in drinking water infrastructure Section 1452(a)(4)(A) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4)(A) During fiscal years 2019 through 2023, funds Funds 11. Labor provisions (a) Prevailing rate of wage Nothing in this Act or an amendment made by this Act affects the applicability of the requirements relating to labor standards of sections 513 and 602(b)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 42 U.S.C. 300j–9(e) (b) Project labor agreements (1) Clean water revolving funds Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) (16) the State will— (A) permit recipients of assistance under this title to enter into agreements authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) project labor agreements (B) ensure that, to the maximum extent practicable, recipients of assistance under this title carry out the projects through the use of the agreements described in subparagraph (A). . (2) Drinking water revolving funds Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (A) in subsection (a) (as amended by section 8(1)), by adding at the end the following: (7) Project labor agreements Each agreement under this subsection shall require that the State permit recipients of assistance under this section to enter into an agreement authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) project labor agreement ; and (B) in subsection (b)(3)(A)— (i) in clause (ii), by striking ; and (ii) in clause (iii), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (iv) with respect to projects for building or construction, will be carried out through the use of agreements authorized under section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) . | Water Affordability, Transparency, Equity, and Reliability Act of 2021 |
Protecting Seniors Access to Health Care Act This bill modifies funding and eligibility for various benefits and programs, including several established under COVID-19 relief laws. With respect to funding, the bill provides supplemental funding for the Public Health and Social Services Emergency Fund to reimburse certain health care providers for expenses or lost revenue attributed to COVID-19; and rescinds certain unobligated funds that were provided to the Department of the Treasury for payments to state, tribal, and territorial governments to mitigate fiscal impacts of COVID-19. The bill also applies certain modified payment limits to certain rural health clinics that enrolled in, or applied to enroll in, Medicare in calendar year 2020. Furthermore, the bill prohibits individuals who were unlawfully present in the United States on March, 11, 2021, from receiving premium subsidies in the event they lose employer-sponsored health insurance due to involuntary termination or a reduction in hours, or direct payments provided to certain taxpayers to mitigate financial hardship during the COVID-19 emergency. The bill also prohibits individuals who were incarcerated on that date from receiving the direct payments. | 117 S918 IS: Protecting Seniors Access to Health Care Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 918 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Barrasso Mr. Cotton Committee on Finance A BILL To offer financial support to health care providers, and for other purposes. 1. Short title This Act may be cited as the Protecting Seniors Access to Health Care Act 2. Provider relief fund (a) Supplemental appropriation There is appropriated, out of any amounts in the Treasury not otherwise appropriated, for an additional amount for Public Health and Social Services Emergency Fund (b) Conditions The following conditions shall apply with respect to funds appropriated by subsection (a): (1) Such funds may not be used to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse. (2) Recipients of payments under this section shall submit reports and maintain documentation as the Secretary of Health and Human Services (referred to in this section as the Secretary (3) The Secretary shall, on a rolling basis, review applications and make payments under this section. (4) Funds appropriated under this section shall be available for building or construction of temporary structures, leasing of properties, medical supplies and equipment including personal protective equipment and testing supplies, increased workforce and trainings, emergency operation centers, retrofitting facilities, and surge capacity. (5) Payments under this section shall be made in consideration of the most efficient payment systems practicable to provide emergency payment. (6) To be eligible for a payment under this section, an eligible health care provider shall submit to the Secretary an application that includes a statement justifying the need of the provider for the payment and the eligible health care provider shall have a valid tax identification number. (7) For any reimbursement by the Secretary from the Provider Relief Fund to an eligible health care provider that is a subsidiary of a parent organization, the parent organization may, allocate (through transfers or otherwise) all or any portion of such reimbursement among the subsidiary eligible health care providers of the parent organization, including reimbursements referred to by the Secretary as Targeted Distribution (8) For any reimbursement from the Provider Relief Fund to an eligible health care provider for health care related expenses or lost revenues that are attributable to coronavirus (including reimbursements made before the date of the enactment of this Act), such provider may calculate such lost revenues using the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider’s budgeted and actual revenue budget if such budget had been established and approved prior to March 27, 2020. (9) Not later than 3 years after final payments are made under this section, the Office of Inspector General of the Department of Health and Human Services shall transmit a final report on audit findings with respect to this program to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (10) Nothing in this section limits the authority of the Inspector General or the Comptroller General of the United States to conduct audits of interim payments at an earlier date. (11) Not later than 60 days after the date of enactment of this Act, the Secretary shall provide a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives on the obligation of funds, including obligations to such eligible health care providers, summarized by State of the payment receipt. Such report shall be updated and submitted to such Committees every 60 days until funds are expended. (c) Application of requirements, rules, and procedures The Secretary shall apply any requirements, rules, or procedures as the Secretary determines appropriate for the efficient execution of this section. (d) Application of provisions Amounts appropriated pursuant to this section and pursuant to title II of Public Law 117–2 Public Law 116–260 42 U.S.C. 254b (e) Definitions For purposes of this section: (1) The term eligible health care providers (2) The term payment 3. Rural health clinic payments (a) In general Section 1833(f)(3) of the Social Security Act ( 42 U.S.C. 1395l(f)(3) (1) in subparagraph (A)— (A) in clause (i), by striking subclauses (I) and (II) and inserting the following: (I) with respect to a rural health clinic that had a per visit payment amount established for services furnished in 2020— (aa) the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in 2020, increased by the percentage increase in the MEI applicable to primary care services furnished as of the first day of 2021; or (bb) the limit described in paragraph (2)(A); and (II) with respect to a rural health clinic that did not have a per visit payment amount established for services furnished in 2020— (aa) the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in 2021; or (bb) the limit described in paragraph (2)(A); and ; and (B) in clause (ii)(I), by striking under clause (i)(I) under subclause (I) or (II) of clause (i), as applicable, (2) by striking subparagraph (B) and inserting the following: (B) A rural health clinic described in this subparagraph is a rural health clinic that— (i) as of December 31, 2020, is in a hospital with less than 50 beds and after such date such hospital continues to have less than 50 beds (not taking into account any increase in the number of beds pursuant to a waiver under subsection (b)(1)(A) of section 1135 during the emergency period described in subsection (g)(1)(B) of such section); and (ii) (I) as of December 31, 2020, was enrolled under section 1866(j) (including temporary enrollment during such emergency period for such emergency period); or (II) submitted an application to enroll under section 1866(j) (or a request for such a temporary enrollment for such emergency period) that was received not later than December 31, 2020. . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 4. Rescission of appropriations for the Coronavirus State Fiscal Recovery Fund (a) Rescission Of the unobligated balances of amounts appropriated under section 602(a)(1) of the Social Security Act (as added by section 9901 of the American Rescue Plan Act of 2021 ( Public Law 117–2 (b) Conforming amendments Section 602 of the Social Security Act (as added by section 9901 of the American Rescue Plan Act of 2021 ( Public Law 117–2 (1) in subsection (a)(1), by striking $219,800,000,000 $207,500,000,000 (2) in subsection (b)(3)(A), by striking $195,300,000,000 $183,000,000,000 5. Individuals not lawfully present in United States precluded from 2021 (a) In general Section 6428B(c) and (3) any individual who was not lawfully present in the United States as of the date of the enactment of the American Rescue Plan Act of 2021, and . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of section 9601 of the American Rescue Plan Act of 2021. 6. Incarcerated individuals precluded from 2021 (a) In general Section 6428B(c) and (4) any individual who was incarcerated on the date of the enactment of the American Rescue Plan Act of 2021, and . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of section 9601 of the American Rescue Plan Act of 2021. 7. Individuals not lawfully present in United States precluded from receiving COBRA continuation coverage (a) In general Section 9501(a)(3) of the American Rescue Plan Act of 2021 ( Public Law 117–2 (1) in subparagraph (A), by striking at the end and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (C) is lawfully present in the United States as of the date of the enactment of this Act. . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of section 9501 of the American Rescue Plan Act of 2021. | Protecting Seniors Access to Health Care Act |
Data Care Act of 2021 This bill imposes various duties on online service providers with respect to their handling of individual-identifying data that can be reasonably linked to a specific user. Specifically, online service providers have a duty to (1) reasonably secure such data from unauthorized access, (2) refrain from using such data in a way that will result in reasonably foreseeable harm to the end user, and (3) not disclose such data to another party unless that party is also bound by the duties established in this bill. The bill authorizes the Federal Trade Commission and specified state officials to take enforcement actions with respect to breaches of such duties. | 117 S919 IS: Data Care Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 919 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Schatz Ms. Cortez Masto Mr. Sanders Mr. Merkley Ms. Hassan Ms. Baldwin Mr. Booker Mr. Murphy Mr. Durbin Ms. Klobuchar Mr. Bennet Ms. Duckworth Mrs. Murray Mr. Markey Mr. Van Hollen Mr. Heinrich Ms. Smith Mr. Manchin Committee on Commerce, Science, and Transportation A BILL To establish duties for online service providers with respect to end user data that such providers collect and use. 1. Short title This Act may be cited as the Data Care Act of 2021 2. Definitions In this Act: (1) Commission The term Commission (2) End user The term end user (3) Individual identifying data The term individual identifying data (A) collected over the internet or any other digital network; and (B) linked, or reasonably linkable, to— (i) a specific end user; or (ii) a computing device that is associated with or routinely used by an end user. (4) Online service provider The term online service provider (A) is engaged in interstate commerce over the internet or any other digital network; and (B) in the course of business, collects individual identifying data about end users, including in a manner that is incidental to the business conducted. (5) Sensitive data The term sensitive data (A) a social security number; (B) personal information (as defined in section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 (C) a driver’s license number, passport number, military identification number, or any other similar number issued on a government document used to verify identity; (D) a financial account number, credit or debit card number, or any required security code, access code, or password that is necessary to permit access to a financial account of an individual; (E) unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation; (F) information sufficient to access an account of an individual, such as user name and password or email address and password; (G) the first and last name of an individual, or first initial and last name, or other unique identifier in combination with— (i) the month, day, and year of birth of the individual; (ii) the maiden name of the mother of the individual; or (iii) the past or present precise geolocation of the individual; (H) information that relates to— (i) the past, present, or future physical or mental health or condition of an individual; or (ii) the provision of health care to an individual; and (I) the nonpublic communications or other nonpublic user-created content of an individual. 3. Provider duties (a) In general An online service provider shall fulfill the duties of care, loyalty, and confidentiality under paragraphs (1), (2), and (3), respectively, of subsection (b). (b) Duties (1) Duty of care An online service provider shall— (A) reasonably secure individual identifying data from unauthorized access; and (B) subject to subsection (d), promptly inform an end user of any breach of the duty described in subparagraph (A) of this paragraph with respect to sensitive data of that end user. (2) Duty of loyalty An online service provider may not use individual identifying data, or data derived from individual identifying data, in any way that— (A) will benefit the online service provider to the detriment of an end user; and (B) (i) will result in reasonably foreseeable and material physical or financial harm to an end user; or (ii) would be unexpected and highly offensive to a reasonable end user. (3) Duty of confidentiality An online service provider— (A) may not disclose or sell individual identifying data to, or share individual identifying data with, any other person except as consistent with the duties of care and loyalty under paragraphs (1) and (2), respectively; (B) may not disclose or sell individual identifying data to, or share individual identifying data with, any other person unless that person enters into a contract with the online service provider that imposes on the person the same duties of care, loyalty, and confidentiality toward the applicable end user as are imposed on the online service provider under this subsection; and (C) shall take reasonable steps to ensure that the practices of any person to whom the online service provider discloses or sells, or with whom the online service provider shares, individual identifying data fulfill the duties of care, loyalty, and confidentiality assumed by the person under the contract described in subparagraph (B), including by auditing, on a regular basis, the data security and data information practices of any such person. (c) Application of duties to third parties If an online service provider transfers or otherwise provides access to individual identifying data to another person, the requirements of paragraphs (1), (2), and (3) of subsection (b) shall apply to such person with respect to such data in the same manner that such requirements apply to the online service provider. (d) Expansion of duty To inform regarding breaches The Commission may promulgate regulations under section 553 of title 5, United States Code, to apply the breach notification requirement under subsection (b)(1)(B) with respect to specific categories of individual identifying data other than sensitive data, as the Commission determines necessary. (e) Exceptions (1) Regulations The Commission may promulgate regulations under section 553 of title 5, United States Code, to exempt categories of online service providers or persons described in subsection (c) from the requirement under subsection (a) or subsection (c) (as applicable). (2) Considerations In promulgating regulations under paragraph (1), the Commission shall consider, among other factors— (A) the privacy risks posed by the use of individual identifying data by an online service provider or person described in subsection (c) based on— (i) the size of the provider or person; (ii) the complexity of the offerings of the provider; (iii) the nature and scope of the activities of the provider or person; and (iv) the sensitivity of the consumer information handled by the provider or person; and (B) the costs and benefits of applying the requirement under subsection (a) or subsection (c) (as applicable) to online service providers or persons with particular combinations of characteristics considered under subparagraph (A) of this paragraph. 4. Enforcement (a) Enforcement by Commission (1) Unfair or deceptive acts or practices A violation of section 3 by an online service provider or a person described in section 3(c) 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) (2) Powers of Commission (A) In general Except as provided in subparagraph (C), 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 (B) Privileges and immunities Except as provided in subparagraph (C), any person who violates section 3 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 (C) Nonprofit organizations and common carriers Notwithstanding section 4 or 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 (i) organizations not organized to carry on business for their own profit or that of their members; and (ii) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 (3) Rulemaking authority The Commission shall promulgate regulations under this Act in accordance with section 553 of title 5, United States Code. (b) Enforcement by States (1) Authorization Subject to paragraph (3), 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 an online service provider or a person described in section 3(c) in a practice that violates section 3, the attorney general of the State may, as parens patriae, bring a civil action against the online service provider or person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief, including civil penalties in the amount determined under paragraph (2). (2) Civil penalties An online service provider or person described in section 3(c) that is found, in an action brought under paragraph (1), to have knowingly or repeatedly violated section 3 shall, in addition to any other penalty otherwise applicable to a violation of section 3, be liable for a civil penalty equal to the amount calculated by multiplying— (A) the greater of— (i) the number of days during which the online service provider or person was not in compliance with that section; or (ii) the number of end users who were harmed as a result of the violation, by (B) an amount not to exceed the maximum civil penalty for which a person, partnership, or corporation may be liable under section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) (3) Rights of 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. (ii) Contents The notification required under 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 under 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 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. (4) 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— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal Trade Commission If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission based on the same set of facts giving rise to the alleged violation with respect to which the Commission instituted the action. (6) 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. (7) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection 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. (B) 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. 5. Nonenforceability of certain provisions waiving rights and remedies The rights and remedies provided under this Act may not be waived or limited by contract or otherwise. 6. Relation to other privacy and security laws Nothing in this Act may be construed to— (1) modify, limit, or supersede the operation of any privacy or security provision in any other Federal or State statute or regulation; or (2) limit the authority of the Commission under any other provision of law. 7. Effective date (a) In general This Act shall take effect on the date of enactment of this Act. (b) Applicability Section 3 shall apply with respect to an online service provider or person described in section 3(c) on and after the date that is 180 days after the date of enactment of this Act. | Data Care Act of 2021 |
No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions. Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee. Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies). The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions. The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies. | 117 S92 IS: No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 92 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Wicker Mr. Barrasso Mrs. Blackburn Mr. Blunt Mr. Boozman Mr. Braun Mrs. Capito Mr. Cassidy Mr. Cornyn Mr. Cotton Mr. Cramer Mr. Crapo Mr. Cruz Mr. Daines Ms. Ernst Mrs. Fischer Mr. Graham Mr. Grassley Mr. Hagerty Mr. Hawley Mr. Hoeven Mrs. Hyde-Smith Mr. Inhofe Mr. Johnson Mr. Kennedy Mr. Lankford Mr. Lee Ms. Lummis Mr. Marshall Mr. McConnell Mr. Moran Mr. Paul Mr. Portman Mr. Risch Mr. Romney Mr. Rounds Mr. Rubio Mr. Sasse Mr. Scott of Florida Mr. Scott of South Carolina Mr. Shelby Mr. Sullivan Mr. Thune Mr. Tillis Mr. Toomey Mr. Tuberville Mr. Young Committee on Finance A BILL To prohibit taxpayer funded abortions. 1. Short title; table of contents (a) Short title This Act may be cited as the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Prohibiting Federally Funded Abortions Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II—Application under the Affordable Care Act Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. I Prohibiting Federally Funded Abortions 101. Prohibiting taxpayer funded abortions Title 1, United States Code is amended by adding at the end the following new chapter: 4 Prohibiting taxpayer funded abortions 301. Prohibition on funding for abortions. 302. Prohibition on funding for health benefits plans that cover abortion. 303. Limitation on Federal facilities and employees. 304. Construction relating to separate coverage. 305. Construction relating to the use of non-Federal funds for health coverage. 306. Non-preemption of other Federal laws. 307. Construction relating to complications arising from abortion. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother. 309. Application to District of Columbia. 301. Prohibition on funding for abortions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. 302. Prohibition on funding for health benefits plans that cover abortion None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. 303. Limitation on Federal facilities and employees No health care service furnished— (1) by or in a health care facility owned or operated by the Federal Government; or (2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician’s or individual’s employment, may include abortion. 304. Construction relating to separate coverage Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 305. Construction relating to the use of non-Federal funds for health coverage Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 306. Non-preemption of other Federal laws Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. 307. Construction relating to complications arising from abortion Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in sections 301, 302, and 303 shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. 309. Application to District of Columbia In this chapter: (1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). (2) The term Federal Government . 102. Amendment to table of chapters The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: 4. Prohibiting taxpayer funded abortions 301 . II Application under the Affordable Care Act 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA (a) In general (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion (A) In general Subparagraph (A) of section 36B(c)(3) or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code) (B) Option to purchase or offer separate coverage or plan Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: (C) Separate abortion coverage or plan allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). . (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion Subsection (h) of section 45R (A) by striking Any term (1) In general Any term ; and (B) by adding at the end the following new paragraph: (2) Exclusion of health plans including coverage for abortion (A) In general The term qualified health plan (B) Separate abortion coverage or plan allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section. . (3) Conforming ACA amendments Section 1303(b) of Public Law 111–148 42 U.S.C. 18023(b) (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to multi-State plans Paragraph (6) of section 1334(a) of Public Law 111–148 42 U.S.C. 18054(a) (6) Coverage consistent with Federal abortion policy In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 . (c) Effective dates (1) In general The amendments made by paragraphs (1) and (2) of subsection (a) shall apply to taxable years ending after December 31, 2021, but only with respect to plan years beginning after December 31, 2021. (2) ACA amendments The amendments made by subsection (a)(3) shall take effect on January 1, 2022. (3) Multi-state plans The amendment made by subsection (b) shall apply to plan years beginning after December 31, 2021. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges (a) In general Paragraph (3) of section 1303(b) of Public Law 111–148 42 U.S.C. 18023(b) (3) Rules relating to notice (A) In general The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). (B) Separate disclosure of abortion surcharges In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately. . (b) Effective date The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act. | No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 |
Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses: killing (or attempting to kill) a federal officer or employee; assaulting, kidnapping, or murdering (or threatening to do so, or attempting to kidnap or murder) a family member of certain federal officials to retaliate against or to impede, intimidate, or interfere with the federal official; threatening to assault, kidnap, or murder certain federal officials to retaliate against or to impede, intimidate, or interfere with the federal official; and assaulting, resisting, or impeding certain officers or employees. The United States may prosecute such conduct that occurs outside the United States. | S921 ENR: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. 921 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. 1. Short title This Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act 2. 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. 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 Whoever (B) by adding at the end the following: (b) Extraterritorial jurisdiction There is extraterritorial jurisdiction over the conduct prohibited by this section. . Speaker of the House of Representatives Vice President of the United States and President of the Senate | Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act |
Eliminate the Digital Divide Act of 2021 This bill requires the Federal Communications Commission to establish a program to provide funding to states for expanding access to broadband service in unserved areas. States must distribute these funds to certain broadband service providers for projects that offer a low-cost broadband service option for low-income subscribers. The bill also provides funding to carry out this program. | 117 S922 IS: Eliminate the Digital Divide Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 922 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Cornyn Mr. Manchin Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to provide funding to States for extending broadband service to unserved areas in partnership with broadband service providers, and for other purposes. 1. Short title This Act may be cited as the Eliminate the Digital Divide Act of 2021 2. Expansion of broadband access in unserved areas (a) In general The Communications Act of 1934 ( 47 U.S.C. 151 (1) in title I ( 47 U.S.C. 151 14. Expansion and adoption of broadband service through State funding (a) Definitions In this section: (1) Broadband funding partner The term broadband funding partner (2) Broadband service The term broadband service (A) means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service; (B) includes any service that is a functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (3) Eligible entity The term eligible entity (4) High cost area The term high cost area (A) the remote location of the area; (B) the population density of the area; (C) the unique topography of the area; (D) a high rate of poverty in the area; or (E) any other factor that contributes to the cost of building out that service. (5) Location The term location (6) Project The term project (7) Unserved area The term unserved area (A) is of a standard size, as established by the Commission; and (B) as determined in accordance with the maps created under section 802(c)(1)— (i) has no access to broadband service; or (ii) does not have access to broadband service offered— (I) with a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second; or (II) with download and upload speeds that are established as benchmarks by the Commission after the date of enactment of this section. (b) Program established (1) In general Not later than 100 days after the date of enactment of this section, or the date on which the maps created under section 802(c)(1) are made public, whichever is later, the Commission shall establish a program for States to expand access to broadband service in unserved areas. (2) Relationship to universal service The program established under paragraph (1) shall be separate from any universal service program established under section 254. (c) State program requirements A State seeking funding under the program established under subsection (b) shall create a program that— (1) implements the requirements of this section; (2) does not favor the use of any particular technology or any particular eligible entity; (3) encourages all eligible entities, including small broadband providers, to participate in the program through streamlined regulatory requirements for all broadband funding partners; (4) takes into account— (A) the size and scope of each unserved area, and the number of locations, proposed to be served by each project carried out using the funds; (B) the speed of the broadband service provided by eligible entities seeking funding for projects under the program; and (C) the ability of the eligible entities that would receive funding for projects under the program to complete the proposed deployment and provision of broadband service under those projects in the areas served by the projects; (5) may take into account— (A) the size and proportion of the matching funds proposed to be committed by the eligible entities seeking funding for projects under the program, which may not be provided from any funds derived from government grants, loans, or subsidies; (B) the speed with which the eligible entities seeking funding for projects under the program can complete the proposed deployment and provision of broadband service to households under those projects, which may include a review of the topographical effects on the areas being served those projects as a result of the technology to be deployed under those projects; and (C) whether an eligible entity seeking funding for a project under the program has the ability to leverage nearby or adjacent broadband service provided by the eligible entity to facilitate the deployment and provision of broadband service proposed under that project; (6) establishes— (A) periodic buildout milestones, reporting requirements, and certification by broadband funding partners; and (B) a maximum buildout timeframe for a broadband funding partner of 3 years, beginning on the date on which funding is provided to the broadband funding partner to undertake a project, except that the State may extend that timeframe if the broadband funding partner establishes that the failure to complete the project within that timeframe is due to— (i) delays by third parties, including governmental entities, in providing necessary permits, approvals, or access to (or construction of) poles; or (ii) a State or federally declared disaster; (7) contains sufficient notice, transparency, accountability, and oversight measures to— (A) provide the public and broadband funding partners with notice of the funding provided under this section; and (B) deter waste, fraud, and abuse of program funds; (8) establishes procedures for the recovery of funds, in whole or in part, from a broadband funding partner if the broadband funding partner— (A) defaults or fails to comply with the buildout requirements established for the project with respect to which the funding relates; and (B) has not received an extension under paragraph (6)(B); (9) establishes procedures for expedited approval for all necessary access to (or construction of) poles, State and local rights-of-way permits, or other approvals in the areas of the State served by projects under the program; (10) provides that broadband funding partners are not required to be designated as eligible telecommunications carriers under section 214(e); (11) provides that an eligible entity shall grant access to poles, ducts, conduits, and rights-of-way that the eligible entity owns or controls within the State at rates, terms, and conditions regulated by the Commission under, or the State consistent with, section 224 and the rules of the Commission, without regard to whether that section otherwise applies with respect to those items; and (12) except as otherwise explicitly provided in this section, does not require, or include consideration of, the imposition of any new or additional regulatory obligations on broadband funding partners beyond those required under applicable law. (d) Distribution of funds to States (1) Commission distributions (A) In general Not later than 200 days after the date of enactment of this section, or the date on which the maps created under section 802(c)(1) are made public, whichever is later, the Commission, under the program established under subsection (b), and in accordance with the requirements of this section, shall, with respect to the amounts made available to carry out this section— (i) reserve 10 percent of those amounts for distributions under subparagraph (B) to States that have established programs under subsection (c); and (ii) of the amounts not reserved under clause (i), make distributions under paragraph (2) to States that have established programs under subsection (c). (B) Distributions for high cost areas The amount of a distribution to a State under this subparagraph shall be calculated as follows: (i) Divide the number of high cost areas in the State by the total number of high cost areas in the United States. (ii) Multiply the quotient obtained under clause (i) by the total amount reserved under subparagraph (A)(i). (2) Amount of distributions for project awards The amount of a distribution to a State under paragraph (1) shall be calculated as follows: (A) Divide the number of locations in unserved areas in the State by the total number of locations in unserved areas in the United States, as determined in accordance with the maps created under section 802(c)(1). (B) Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). (3) State entitlement With respect to a State that has established a program under subsection (c), the State shall receive a distribution under both of paragraphs (1)(B) and (2) of this subsection. (e) State use of program funds (1) In general Not later than 120 days after the date on which a State receives funds under subsection (d), and subject to paragraph (2), the State shall make awards to eligible entities through the program established by the State under subsection (c). (2) Funds used solely for unserved areas A State to which funds are distributed under subsection (d)— (A) may not— (i) use any portion of those funds for a project in any area that is not an unserved area; or (ii) use more than 5 percent of those funds to administer the program established by the State under subsection (c); and (B) shall— (i) before making any awards described in paragraph (1), consult the maps created under section 802(c)(1), as updated through the resolution of any challenges brought under section 802(b)(5), to create a list of areas within the State that are unserved areas, which the State shall make publicly available; (ii) from the list created under clause (i), remove any area in the State that— (I) has been awarded funding— (aa) in the Rural Digital Opportunity Fund Phase I auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Commission on January 30, 2020 (FCC 20–5); or (bb) under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (II) has been awarded funding through any Rural Utilities Service broadband funding program with a minimum speed commitment of 25 megabits per second for downloads and 3 megabits per second for uploads; (III) has been awarded funding through any existing program established by the State with minimum speed commitments described in subclause (II); or (IV) is the subject of an enforceable commitment by a broadband provider to serve the area with minimum speed commitments described in subclause (II), even if, in any such areas, the service is not yet available, provided that the broadband provider is meeting any applicable build-out deadlines; (iii) establish a streamlined process that allows a broadband service provider, the State, or a unit of local government within the State not less than 30 days after the date on which the list created under clause (i), as updated under clause (ii), is made publicly available to bring a challenge regarding whether an area on that final list is an unserved area; (iv) provide a written notice regarding how each challenge brought under clause (iii) was decided, including the reasons for that decision; (v) update the list created under clause (i) to reflect the results of challenges brought under clause (iii); (vi) not later than 10 years after the date of enactment of this section, return any unused portion of those funds to the Commission; and (vii) not later than 2 years after the date on which the funds are distributed to the State, and biennially thereafter, submit to the Commission a report— (I) regarding how the State spent those funds during the period covered by the report, which shall include a description of each award made with those funds; and (II) that contains a certification that the State has complied with the requirements of this section during the period covered by the report. (f) Project requirements Any project funded through the program established under subsection (b) shall— (1) adhere to the same quality-of-service standards established by the Commission with respect to the Rural Digital Opportunity Fund set forth in subpart J of part 54 of title 47, Code of Federal Regulations (or any successor regulations); and (2) offer a low-cost broadband service option for low-income subscribers with eligibility for the service option determined by the applicable broadband funding partner. (g) Promoting broadband deployment Not later than 1 year after the date on which a State receives funding under this section, the State shall publish on a publicly available website of the State a report that analyzes the following: (1) The process by which the State, or any local authority within the State, acts on a new request to access poles, ducts, conduits, or rights-of-way, which shall include an analysis of— (A) the speed with which the State or local authority, as applicable, responds to such a request; and (B) the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State. (2) The process by which the State, or any local authority within the State, acts on a nonemergency request for authorization to place, construct, or modify facilities with respect to broadband service that are supported through access to poles, ducts, conduits, or rights-of-way, which shall include an analysis of— (A) the speed with which the State or local authority, as applicable, responds to such a request; and (B) the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State. (3) The impact on the deployment of broadband service within the State of not requiring a permit or other authorization for emergency work performed in the rights-of-way if a broadband facility supported through access to poles, ducts, conduits, or rights-of-way notifies the State, or the applicable local authority within the State, regarding the emergency and the associated work. (4) The impact on the deployment of broadband service within the State of requiring the State, or any instrumentality of the State, whenever the State or instrumentality intends to modify or alter a pole, duct, conduit, or right-of-way, or conduct road work in which there will be open trenches, to provide prior written notification of that action to any broadband service provider, or other entity, that has obtained an attachment to a pole, duct, or conduit, or right-of-way that may be affected, so that the applicable entity may have a reasonable opportunity to add to or modify its existing attachment or facilities. (h) Guidance The Commission may provide guidance to States with respect to service obligations, procedures, reporting requirements, and other requirements in carrying out programs established under this section. (i) Rule of construction Nothing in this section may be construed to permit the Commission to use any data submitted by a provider of broadband service under this section to issue or establish additional regulatory requirements with respect to that provider. ; and (2) in section 802(c) ( 47 U.S.C. 642(c) (A) in paragraph (1)(A)— (i) in clause (i), by striking and (ii) in clause (ii), by adding and (iii) by adding at the end the following: (iii) the areas of the United States in which options described in section 14(f)(2) are available; ; (B) in paragraph (5), by striking and (C) in paragraph (6)— (i) in the matter preceding subparagraph (A), by inserting , including on a publicly available website, make public (ii) in subparagraph (B), by striking the period at the end and inserting ; and (D) by adding at the end the following: (7) beginning not later than 18 months after the date of enactment of the Eliminate the Digital Divide Act of 2021 (A) allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible— (i) to receive a Federal or State subsidy with respect to broadband internet access service; or (ii) to qualify for a low-income plan with respect to broadband internet access service; and (B) with respect to a consumer who is eligible under clause (i) or (ii) of subparagraph (A), contains information regarding how to apply for the applicable benefit. . (b) Direct appropriation There is appropriated to the Federal Communications Commission, out of any money in the Treasury not otherwise appropriated, $10,000,000,000 for fiscal year 2021 to carry out section 14 of the Communications Act of 1934, as added by subsection (a)(1), which shall remain available through fiscal year 2030. | Eliminate the Digital Divide Act of 2021 |
Federal Agency Sunset Commission Act of 2021 This bill provides for the establishment of the Federal Agency Sunset Commission to submit to Congress a schedule for review and abolishment of each agency, including each advisory committee. The schedule for review shall be in the form of a joint resolution. Each agency shall be abolished unless reauthorized by Congress. For each agency, the commission must schedule a date of abolishment to occur at least once every 12 years. The commission must (1) review and evaluate the efficiency and public need for each agency using specified criteria; (2) analyze the authority claimed by the executive branch but not specifically authorized by statute; (3) recommend whether each agency should be abolished, reorganized, or continued; and (4) report to Congress on introduced legislation that would establish a new agency or a new program. The Government Accountability Office and the Congressional Budget Office, in cooperation with the Congressional Research Service, shall prepare an inventory of federal programs to assist Congress and the commission in carrying out this bill. The bill provides for expedited consideration of the schedule for review and abolishment. | 117 S925 IS: Federal Agency Sunset Commission Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 925 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Scott of Florida Mr. Braun Mr. Crapo Mr. Tillis Ms. Ernst Committee on Homeland Security and Governmental Affairs A BILL To establish the Federal Agency Sunset Commission. 1. Short title This Act may be cited as the Federal Agency Sunset Commission Act of 2021 2. Definitions In this Act: (1) Advisory committee The term advisory committee section 3 (2) Agency The term agency (A) has the meaning given the term Executive agency (B) includes an advisory committee. (3) Calendar day The term calendar day (4) Commission The term Commission (5) Joint resolution The term joint resolution (6) Program inventory The term program inventory (7) Supermajority The term supermajority 3. Review and abolishment of Federal agencies (a) Schedule for review (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a schedule for review by the Commission of each agency that lists the date of abolishment for each agency. (2) Frequency A date of abolishment described in paragraph (1) shall occur not less frequently than once every 12 years (or less, if determined appropriate by Congress). (3) Format A schedule for review described in paragraph (1) shall be in the form of a joint resolution. (b) Review of agencies performing related functions In determining the schedule for review of agencies under subsection (a), the Commission shall provide that agencies that perform similar or related functions be reviewed concurrently to promote efficiency and consolidation. (c) Abolishment of agencies (1) In general Each agency shall be reviewed and abolished according to the schedule created pursuant to this section and approved under section 10, unless the agency is reauthorized by Congress. (2) Extension The date of abolishment for an agency may be extended for an additional 2 years if Congress enacts legislation extending the date by a vote of a supermajority of the Senate and the House of Representatives. 4. Establishment of Commission (a) Establishment There is established a commission to be known as the Federal Agency Sunset Commission (b) Membership The Commission shall be composed of 13 members, who shall be appointed as follows: (1) 1 shall be appointed by the President. (2) 3 shall be appointed by the majority leader of the Senate, of whom— (A) 2 shall be from among members of the Senate; and (B) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (3) 3 shall be appointed by the minority leader of the Senate, of whom— (A) 2 shall be from among members of the Senate; and (B) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (4) 3 shall be appointed by the Speaker of the House of Representatives, of whom— (A) 2 shall be from among members of the House of Representatives; and (B) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (5) 3 shall be appointed by the minority leader of the House of Representatives, of whom— (A) 2 shall be from among members of the House of Representatives; and (B) 1 shall not be Member of Congress and shall have expertise in the operation and administration of Federal Government programs. (c) Continuation of Membership If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member shall cease to be a member of the Commission. (d) Initial appointments All initial appointments to the Commission shall be made not later than 90 days after the date of enactment of this Act. (e) Terms of members (1) In general Each member appointed to the Commission shall serve for a term of 6 years. (2) Vacancies A vacancy in the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment not later than 30 days after the date on which the vacancy occurs. (f) Chairman; vice chairman The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission for a term of 4 years. (g) Powers of commission (1) Hearings and sessions The Commission may, for the purpose of carrying out this Act— (A) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate; and (B) administer oaths to witnesses appearing before the Commission. (2) Obtaining information (A) In general The Commission may secure directly from any agency or advisory committee information necessary to enable the Commission to carry out the duties of the Commission under this Act. (B) Furnishing information On request of the Chairperson of the Commission, the head of the agency or the Chair of the advisory committee, as applicable, shall furnish information to the Commission in a full and timely manner. (3) Subpoena power (A) Authority to issue subpoena The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (B) Compliance with subpoena If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission proceeding, the Commission may apply to the United States district court in the judicial district in which the proceeding is held for an order requiring the person to comply with the subpoena or order. (4) Immunity The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (5) Contract authority The Commission may contract with and compensate government and private agencies or persons for services without regard to section 6101 of title 41, United States Code (relating to advertising requirement for Federal Government purchases and sales). (h) Commission procedures (1) Initial meeting Not later than 45 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (2) Meetings The Commission shall meet at the call of the Chairman and not fewer than 2 times per year. (3) Quorum A majority of the members of the Commission shall constitute a quorum. (4) Voting The schedule for review submitted pursuant to section 3(a) and the report and joint resolution submitted pursuant to section 5 shall have the approval of not less than a majority of the members of the Commission. (i) Personnel matters (1) Compensation Members of the Commission shall not be paid by reason of their service as members. (2) Travel expenses Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence in accordance with applicable provisions under subchapter I of chapter 57 (3) Executive director The Commission shall have an executive director who— (A) shall be appointed and terminated by the Chairperson of the Commission; (B) shall be confirmed by a vote of not fewer than 7 members of the Commission; and (C) may appoint and fix the pay of additional personnel as the executive director considers appropriate. (4) Applicability of certain civil service laws The executive director and staff of the Commission shall be— (A) appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service; and (B) 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. (j) Other administrative matters (1) Postal and printing services The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out the duties of the Commission under this Act. (3) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. 5. Review of efficiency and need for Federal agencies (a) In general The Commission shall review the efficiency and public need for each agency using the criteria described in section 6. (b) Recommendations; report to congress Not later than September 1 of each year, the Commission shall submit to Congress and the President a report containing— (1) an analysis of the efficiency of operation and public need for each agency to be reviewed in the year in which the report is submitted pursuant to the schedule submitted to Congress under section 3; (2) an analysis of authority claimed by the executive branch but not specifically authorized by statute; (3) recommendations on whether each such agency should be abolished, reorganized, or continued; (4) recommendations on whether the functions of any other agencies should be consolidated, transferred, or reorganized in an agency to be reviewed in the year in which the report is submitted pursuant to the schedule submitted to Congress under section 3; and (5) recommendations for administrative and legislative action with respect to each such agency, but not including recommendations for appropriation levels. (c) Joint resolution Not later than September 1 of each year, the Commission shall submit to Congress and the President a joint resolution to carry out the recommendations of the Commission under subsection (b). (d) Information gathering The Commission shall— (1) conduct public hearings on the abolishment of each agency reviewed under subsection (b); (2) provide an opportunity for public comment on the abolishment of each such agency; (3) require the agency to provide information to the Commission as appropriate; and (4) consult with the General Accountability Office, the Office of Management and Budget, the Comptroller General of the United States, and the chair and ranking members of the committees of Congress with oversight responsibility for the agency being reviewed regarding the operation of the agency. (e) Use of program inventory The Commission shall use the program inventory prepared under section 9 in reviewing the efficiency and public need for each agency under subsection (a). 6. Criteria for review The Commission shall evaluate the efficiency and public need for each agency pursuant to section 5 using the following criteria: (1) The effectiveness, and the efficiency of the operation of, the programs carried out by the agency. (2) Whether the programs carried out by the agency are cost-effective. (3) Whether the agency has acted outside the scope of the original authority of the agency, and whether the original objectives of the agency have been achieved. (4) Whether less restrictive or alternative methods exist to carry out the functions of the agency. (5) The extent to which the jurisdiction of, and the programs administered by, the agency duplicate or conflict with the jurisdiction and programs of other agencies. (6) The potential benefits of consolidating programs administered by the agency with similar or duplicative programs of other agencies, and the potential for consolidating such programs. (7) The number and types of beneficiaries or persons served by programs carried out by the agency. (8) The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the agency are intended to address. (9) The extent to which the agency has complied with the applicable provisions contained in sections 1115, 1116, 1117, 1120, 1121, 1122, 1123, 1124, 1125, and the first section 9703 of title 31, United States Code, section 306 of title 5, United States Code, and chapter 28 (10) The promptness and effectiveness with which the agency seeks public input and input from State and local governments on the efficiency and effectiveness of the performance of the functions of the agency. (11) Whether the agency has worked to enact changes in the law that are intended to benefit the public as a whole rather than the specific business, institution, or individuals that the agency regulates. (12) The extent to which the agency has encouraged participation by the public as a whole in making the rules and decisions of the agency rather than encouraging participation solely by those that the agency regulates. (13) The extent to which the public participation in rule making and decision making of the agency has resulted in rules and decisions compatible with the objectives of the agency. (14) The extent to which the agency complies with equal employment opportunity requirements regarding equal employment opportunity. (15) The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the agency. (16) The extent to which the agency has coordinated with State and local governments in performing the functions of the agency. (17) The potential effects of abolishing the agency on State and local governments. (18) The extent to which changes are necessary in the authorizing statutes of the agency in order that the functions of the agency can be performed in the most efficient and effective manner. 7. Oversight by Commission (a) Monitoring of implementation of recommendations The Commission shall monitor implementation of laws enacting provisions that incorporate recommendations of the Commission with respect to abolishment or reorganization of agencies. (b) Monitoring of other relevant legislation (1) In general The Commission shall review and report to Congress on all legislation introduced in either House of Congress that would establish— (A) a new agency; or (B) a new program to be carried out by an existing agency. (2) Report to congress The Commission shall include in each report submitted to Congress under paragraph (1) an analysis of whether— (A) the functions of the proposed agency or program could be carried out by 1 or more existing agencies; (B) the functions of the proposed agency or program could be carried out in a less restrictive manner than the manner proposed in the legislation; and (C) the legislation provides for public input regarding the performance of functions by the proposed agency or program. 8. Disposition of agency affairs The President, in consultation with the head of an agency determined to be abolished pursuant to section 3(c), shall take such action as may be necessary to wind down the operation of the agency during the 1-year period following the date of abolishment for the agency, including the designation of an agency to carry out any ongoing authority, maintain custodial records, act as a party to unresolved legal actions, or other obligations that cannot be resolved within 1 year. 9. Program inventory (a) Preparation The Comptroller General of the United States and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, shall prepare an inventory of Federal programs within each agency. (b) Purpose (1) In general The purpose of a program inventory is to advise and assist Congress and the Commission in carrying out the requirements of this Act. (2) Nonbinding A program inventory shall not in any way bind the committees of the Senate or the House of Representatives with respect to their responsibilities under this Act and shall not infringe on the legislative and oversight responsibilities of those committees. (3) Compilation and maintenance The Comptroller General of the United States shall compile and maintain each program inventory and the Director of the Congressional Budget Office shall provide budgetary information for inclusion in each program inventory. (c) Inventory content The program inventory shall set forth for each program each of the following matters: (1) The specific provision or provisions of law authorizing the program. (2) The committees of the Senate and the House of Representatives that have legislative or oversight jurisdiction over the program. (3) A brief statement of the purpose or purposes to be achieved by the program. (4) The committees which have jurisdiction over legislation providing new budget authority for the program, including the appropriate subcommittees of the Committees on Appropriations of the Senate and the House of Representatives. (5) The agency and, if applicable, the subdivision thereof responsible for administering the program. (6) The grants-in-aid, if any, provided by the program to State and local governments. (7) The next reauthorization date for the program. (8) A unique identification number that links the program and functional category structure. (9) The year in which the program was originally established and, where applicable, the year in which the program expires. (10) Where applicable, the year in which new budget authority for the program was last authorized and the year in which current authorizations of new budget authority expire. (11) Whether the new budget authority provided for the program is— (A) authorized for a definite period of time; (B) authorized in a specific dollar amount but without limit of time; (C) authorized without limit of time or dollar amounts; (D) not specifically authorized; or (E) permanently provided, as determined by the Director of the Congressional Budget Office. (12) Any other information the Commission determines to be necessary. (d) CBO information For each program or group of programs, the program inventory shall include information prepared by the Director of the Congressional Budget Office indicating each of the following: (1) The amounts of new budget authority authorized and provided for the program for each of the preceding 4 fiscal years and, where applicable, the 4 succeeding fiscal years. (2) The functional and subfunctional category in which the program is presently classified and was classified under the fiscal year 2020 budget. (3) The identification code and title of the appropriation account in which budget authority is provided for the program. (e) Mutual exchange of information The General Accountability Office, the Congressional Research Service, and the Congressional Budget Office shall permit the mutual exchange of available information in their possession that would aid in the compilation of the program inventory. (f) Assistance by executive branch (1) In general The Office of Management and Budget and the agencies (and the subdivisions thereof) shall, to the extent necessary and possible, provide the General Accountability Office with assistance requested by the Comptroller General of the United States in the compilation of the program inventory. (2) Confidentiality Communications described in paragraph (1) shall be treated as confidential until a report is issued under section 5(b). 10. Expedited consideration for schedule for review (a) Introduction and committee consideration (1) Introduction A joint resolution shall be introduced in the Senate by the majority leader, or the majority leader’s designee, and in the House of Representatives, by the Speaker, or the Speaker’s designee not later than 60 days after the date on which the proposed legislation is submitted to Congress. Upon such introduction, the Commission schedule for review bill shall be referred to the appropriate committees of Congress under paragraph (2). If the joint resolution is not introduced in accordance with the preceding sentence, then any member of Congress may introduce such legislation in their respective House of Congress beginning on the date that is the 5th calendar day that such House is in session following the date of the submission of such aggregate legislative language provisions. (2) Committee consideration (A) Referral The joint resolution introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and the House of Representatives. A committee to which the joint resolution is referred under this paragraph may review and comment on such legislation, may report such legislation to the respective House, and may not amend such legislation. (B) Reporting Not later than 30 calendar days after the introduction of the joint resolution, each Committee of Congress to which the joint resolution was referred shall report the legislation. (C) Discharge of committee If a committee to which a joint resolution is referred has not reported such legislation at the end of 30 calendar days after its introduction or at the end of the first day after there has been reported to the House a joint resolution involved a joint resolution, whichever is earlier, such committee shall be deemed to be discharged from further consideration of such legislation and such legislation shall be placed on the appropriate calendar of the House involved. (b) Expedited procedure (1) Consideration (A) In general Not later than 30 calendar days after the date on which a committee has reported a joint resolution or has been discharged from consideration of a joint resolution, the majority leader of the Senate, or the majority leader’s designee, or the Speaker of the House of Representatives, or the Speaker’s designee, shall move to proceed to the consideration of the joint resolution. It shall also be in order for any Member of the Senate or the House of Representatives, respectively, to move to proceed to the consideration of the joint resolution at any time after the conclusion of such 5-day period. (B) Motion to proceed A motion to proceed to the consideration of a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment or to a motion to postpone consideration of the joint resolution. If the motion to proceed is agreed to, the Senate or the House of Representatives, as the case may be, shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate or the House of Representatives, as the case may be, until disposed of. (C) Limited debate Debate on the joint resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate on the joint resolution is in order and is not debatable. All time used for consideration of the joint resolution, including time used for quorum calls (except quorum calls immediately preceding a vote) and voting, shall come from the 10 hours of debate. (D) Amendments No amendment to the joint resolution shall be in order in the Senate and the House of Representatives. (E) Vote on final passage Immediately following the conclusion of the debate on the joint resolution, the vote on final passage of the joint resolution shall occur. (F) Other motions not in order A motion to postpone consideration of the joint resolution, a motion to proceed to the consideration of other business, or a motion to recommit the review joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or not agreed to is not in order. (2) Consideration by other house If, before the passage by one House of the joint resolution that was introduced in such House, such House receives from the other House a joint resolution as passed by such other House— (A) the joint resolution of the other House shall not be referred to a committee and may only be considered for final passage in the House that receives it under subparagraph (C); (B) the procedure in the House in receipt of the joint resolution of the other House, shall be the same as if no joint resolution had been received from the other House; and (C) notwithstanding subparagraph (B), the vote on final passage shall be on the joint resolution of the other House. (3) Disposition Upon disposition of a joint resolution that is received by one House from the other House, it shall no longer be in order to consider the joint resolution that was introduced in the receiving House. (c) Rules of the senate and the house of representatives This section is enacted— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be 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 the 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 they relate to the procedure of that House) at anytime, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Fallback provision If the Senate and the House of Representatives fail to act within 1 year from the date of introduction, the joint resolution takes effect. | Federal Agency Sunset Commission Act of 2021 |
Toxic Exposure in the American Military Act or the TEAM Act This bill requires the Department of Veterans Affairs (VA) to expand health care, benefits, and resources for veterans with conditions related to exposure to toxic substances. Specifically, the bill expands eligibility for VA hospital care, medical services, and nursing home care to include veterans who (1) were exposed to toxic substances, radiation, or other conditions, and were awarded certain medals (e.g., the Armed Forces Service Medal); (2) are eligible for inclusion in the Airborne Hazards and Open Burn Pit Registry; or (3) have been identified by the Department of Defense to have been possibly exposed during service to an open burn pit, toxic substance, or specified hazardous sites. (A burn pit is an area used for burning solid waste in open air without equipment.) The bill establishes a presumption of service-connection for diseases associated with exposure to certain toxic substances and that become manifest within a certain time period; the VA must specify such diseases and requirements through regulations. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. The bill also requires the VA to take specified actions to (1) evaluate scientific evidence regarding associations between diseases and exposure to toxic substances; (2) train its health care personnel on identifying, treating, and assessing illnesses related to such exposure; and (3) provide resources to veterans exposed to toxic substances. | 112 S927 IS: Toxic Exposure in the American Military Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 927 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Tillis Ms. Hassan Mr. Moran Ms. Klobuchar Mrs. Blackburn Ms. Baldwin Mrs. Capito Committee on Veterans' Affairs A BILL To improve the provision of health care and other benefits from the Department of Veterans Affairs for veterans who were exposed to toxic substances, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Toxic Exposure in the American Military Act TEAM Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Expansion of health care and benefits for veterans exposed to toxic substances Sec. 101. Expansion of health care eligibility for certain individuals exposed to open burn pits and other toxic substances. Sec. 102. Expansion of health care eligibility for veterans awarded certain medals. Sec. 103. Presumptions of service connection for diseases associated with exposure to certain toxic substances. TITLE II—Research and review regarding exposure to toxic substances Sec. 201. Establishment of Toxic Exposure Review Commission. Sec. 202. Agreement with National Academies of Sciences, Engineering, and Medicine concerning the exposure of humans to toxic substances. Sec. 203. Collection, analysis, and report on treatment of veterans for medical conditions related to exposure to toxic substances. TITLE III—Improvement of resources of Department of Veterans Affairs regarding exposures to toxic substances Sec. 301. Publication of list of resources of Department of Veterans Affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans. Sec. 302. Incorporation of toxic exposure questionnaire during primary care appointments. Sec. 303. Training of health care personnel of Department of Veterans Affairs on illnesses related to exposure to toxic substances. 2. Definitions In this Act: (1) Active military, naval, or air service The term active military, naval, or air service (2) Open burn pit The term open burn pit Public Law 112–260 38 U.S.C. 527 (3) Toxic substance The term toxic substance I Expansion of health care and benefits for veterans exposed to toxic substances 101. Expansion of health care eligibility for certain individuals exposed to open burn pits and other toxic substances (a) Expansion of health care eligibility (1) In general Section 1710(e) of title 38, United States Code, is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (G) (i) Subject to paragraph (2), a covered individual is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness. (ii) For purposes of this subparagraph, a covered individual is an individual who— (I) is eligible for inclusion in the Airborne Hazards and Open Burn Pit Registry; or (II) has been identified by the Secretary of Defense to have been possibly exposed, inside or outside the United States, during active duty, active duty for training, or inactive duty training, to— (aa) an open burn pit; (bb) a toxic substance; or (cc) a site included in a database maintained by the Department of Defense and shared with the Department of Veterans Affairs to serve as the central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Department of Veterans Affairs. (iii) In this subparagraph: (I) The term Airborne Hazards and Open Burn Pit Registry Public Law 112–260 38 U.S.C. 527 (II) The term open burn pit Public Law 112–260 38 U.S.C. 527 (III) The term toxic substance (IV) The term toxicant (V) The term toxin ; and (B) in paragraph (2)(B), by striking or (F) (F), or (G) (2) Effective date The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of the enactment of this Act. (b) Determinations of exposure (1) In general The Secretary of Veterans Affairs shall, to the extent practicable, establish and maintain a mechanism by which veterans may determine whether or not they have been possibly exposed to an open burn pit or toxic substance described in subclause (II) of subparagraph (G)(ii) of section 1710(e)(1) of title 38, United States Code, as added by subsection (a)(1), for purposes of being considered as covered individuals under such subparagraph. (2) Approval of Secretary Any determination made under paragraph (1) shall be subject to the approval of the Secretary. (3) Appeals The Secretary shall establish a mechanism for appealing a decision made by the Secretary under paragraph (2). (c) Report (1) In general Not later than 30 days after the date on which the Secretary of Defense identifies the individuals described in subparagraph (G)(ii)(II) of section 1710(e)(1) of title 38, United States Code, as added by subsection (a)(1), the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the appropriate committees of Congress a report. (2) Elements The report required by paragraph (1) shall include the following: (A) The duty locations or units of the individuals described in paragraph (1), or other information on groups to which such individuals belong. (B) The evidence considered in identifying individuals who were possibly exposed to an open burn pit, toxic substance, or site as described in subparagraph (G)(ii)(II) of section 1710(e)(1) of title 38, United States Code, as added by subsection (a)(1). (C) The criteria used to determine whether an individual was so exposed. (3) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress (A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. 102. Expansion of health care eligibility for veterans awarded certain medals (a) In general Section 1710(e) of title 38, United States Code, as amended by section 101(a)(1), is further amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) Subject to paragraph (2), a veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness if the veteran was awarded any of the following: (i) The Armed Forces Service Medal. (ii) The Afghanistan Campaign Medal. (iii) The Global War on Terrorism Expeditionary Medal. (iv) The Inherent Resolve Campaign Medal. (v) The Iraq Campaign Medal. (vi) The Southwest Asia Service Medal. ; and (2) in paragraph (2), by striking or (G) (G), or (H) (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. 103. Presumptions of service connection for diseases associated with exposure to certain toxic substances (a) In general Subchapter II of chapter 11 1119. Presumptions of service connection for diseases associated with exposure to certain toxic substances (a) Presumptions of service connection (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each disease specified in paragraph (2) becoming manifest as specified in that paragraph shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such disease during the period of such service. (2) A disease specified in this paragraph is any disease that— (A) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to a toxic substance; and (B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who was exposed to that toxic substance during active military, naval, or air service. (3) (A) For purposes of this subsection, the Secretary may presume that a veteran who has a disease specified in paragraph (2) was exposed to the toxic substance for which the Secretary has determined under paragraph (2)(A) warrants a presumption of service connection by reason of having a positive association with exposure to the toxic substance, notwithstanding that there is no record of evidence of such exposure, if the Secretary determines based on one or more of the factors set forth in subparagraph (B) that a presumption of exposure is warranted. (B) The factors set forth in this subparagraph are as follows: (i) The duty location of the veteran. (ii) The length of service of the veteran. (iii) Such other factors as the Secretary considers appropriate. (b) Determinations relating to diseases (1) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between the exposure of humans to a toxic substance and the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for purposes of this section. (2) In making determinations under paragraph (1), the Secretary shall take into account— (A) reports received by the Secretary from the National Academies of Sciences, Engineering, and Medicine under section 202(g) of the Toxic Exposure in the American Military Act (B) all other sound medical and scientific information and analyses available to the Secretary. (3) (A) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall consider only scientific studies that are valid in accordance with contemporary scientific standards. (B) The Secretary may define the standards described in subparagraph (A) for purposes of that subparagraph. (c) Response to reports by the National Academies of Sciences, Engineering, and Medicine (1) Not later than 60 days after the date on which the Secretary receives a report from the National Academies of Sciences, Engineering, and Medicine under section 202(g) of the Toxic Exposure in the American Military Act (2) If the Secretary determines under paragraph (1) that a presumption of service connection is warranted for a disease, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the determination. (3) (A) If the Secretary makes a determination described in subparagraph (B), the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. (B) A determination described in this subparagraph is a determination by the Secretary under paragraph (1) that a presumption of service connection is not warranted for a disease as to which the National Academies of Sciences, Engineering, and Medicine determined that there was— (i) sufficient evidence of an association between the exposure of humans to a toxic substance and the occurrence of the disease in humans; or (ii) limited evidence or suggestive evidence of such an association. (C) Any notice published under subparagraph (A) shall include an explanation of the scientific basis for the determination described in subparagraph (B). (D) If a disease already presumed to be service connected under this section is subject to a determination described in subparagraph (B), the Secretary shall, not later than 60 days after publication of the notice under subparagraph (A), issue proposed regulations removing the presumption of service connection for the disease. (4) Not later than 180 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. (d) Removal of presumption of service connection Whenever the presumption of service connection for a disease under this section is removed under subsection (c)— (1) a veteran who was awarded compensation for the disease on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and (2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. (e) Reference to National Academies of Sciences, Engineering, and Medicine In the case that the Secretary enters into an agreement with another organization as described in section 202(h)(1) of the Toxic Exposure in the American Military Act (f) Definitions In this section: (1) The term positive association (2) The term toxic substance . (b) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumptions of service connection for diseases associated with exposure to certain toxic substances. . (c) Conforming amendment Section 1113 of such title is amended by striking or 1118 1118, or 1119 II Research and review regarding exposure to toxic substances 201. Establishment of Toxic Exposure Review Commission (a) In general Subchapter III of chapter 5 547. Toxic Exposure Review Commission (a) Establishment The Secretary shall establish an independent commission to be known as the Toxic Exposure Review Commission Commission (b) Purpose The Commission shall— (1) advise the Secretary on questions relating to exposure to toxic substances that require scientific research; and (2) assist in the consideration of possible presumptions of service connection. (c) Duties (1) The Commission shall carry out the following duties: (A) Collect any relevant information from the Department of Defense and other sources to identify possible toxic exposures related to service during active duty, active duty for training, or inactive duty training in order to determine the need for a comprehensive review under an agreement under section 202 of the Toxic Exposure in the American Military Act (B) Recommend to the Secretary, by majority vote, whether a comprehensive scientific review should be conducted by the National Academies of Sciences, Engineering, and Medicine under an agreement under section 202 of the Toxic Exposure in the American Military Act (C) Recommend to the Secretary, by majority vote, whether new, independent studies regarding the health outcomes of exposure to toxic substances, or any other new, independent studies that the Commission deems necessary and appropriate, should be conducted. (D) Annually report to Congress on progress regarding the duties set forth in subparagraphs (A) through (C), any recommendations made to the Secretary, and any responses of the Secretary to such recommendations. (2) (A) Relevant information may be collected under paragraph (1)(A) from the following: (i) Any Federal agency as the Commission considers necessary to carry out this section. (ii) Public meetings or hearings, which may be held to take such testimony and receive such evidence as the Commission considers advisable to carry out the duties of the Commission. (B) Upon request of the Chair, the head of a Federal agency shall furnish information collected under subparagraph (A)(i) to the Commission unless such information is classified. (d) Membership (1) (A) The Commission shall be composed of nine members, appointed as follows: (i) Two members appointed by the Speaker of the House of Representatives. (ii) Two members appointed by the minority leader of the House of Representatives. (iii) Two members appointed by the majority leader of the Senate. (iv) Two members appointed by the minority leader of the Senate. (v) One member appointed by the Secretary. (B) The initial members of the Commission shall be appointed under subparagraph (A) not later than 180 days after the date of the enactment of the Toxic Exposure in the American Military Act (2) In appointing individuals under paragraph (1)(A), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, and the Secretary shall ensure that at least five members of the Commission are scientists or health care professionals— (A) of whom— (i) one has a background in the field of respiratory medicine; (ii) one has a background in the field of endocrinology and metabolic medicine; (iii) one has a background in hematology; (iv) one has a background in oncology; and (v) one has a background in occupational and environmental health; and (B) who are not officials or employees of the Federal Government. (3) In appointing individuals under paragraph (1)(A), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, and the Secretary shall ensure that at least two members of the Commission represent an organization recognized by the Secretary for the representation of veterans under section 5902 of this title. (4) In appointing individuals under paragraph (1)(A), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, and the Secretary shall give consideration to including in the Commission at least one member who works with survivors of illnesses related to exposure to toxic substances and has a background in the field of study of exposure to toxic substances. (e) Meetings (1) The Commission shall meet not less frequently than twice each year. (2) (A) Each meeting of the Commission shall be open to the public. (B) All the proceedings, information, and deliberations of the Commission shall be available for review by the public. (C) Meetings of the Commission may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (f) Chair and Vice Chair At the initial meeting of the Commission under subsection (e), the Commission shall select a Chair and Vice Chair from among the members of the Commission by a majority vote of the members of the Commission. (g) Period of appointment; vacancies (1) A member of the Commission shall be appointed for a term that may not exceed four years. (2) The Secretary shall ensure that terms of members of the Commission are staggered so that no such terms end on the same date. (3) A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (4) In appointing the initial members of the Commission, each official who is authorized to appoint two members of the Commission shall appoint— (A) one member whose term expires after two years; and (B) one member whose term expires after four years. (h) Pay (1) Members of the Commission shall serve without pay. (2) Each member of the Commission who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (3) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5. (i) Director of staff (1) The Commission shall appoint a Director who— (A) has not served as an employee of the Department during the one-year period preceding the date of such appointment; and (B) is not otherwise barred or prohibited from serving as Director under Federal ethics laws and regulations, by reason of post-employment conflict of interest. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. (j) Staff (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5 governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–15 of the General Schedule. (3) (A) Not more than two-thirds of the personnel employed by or detailed to the Commission may be on detail from the Department. (B) Not more than half of the professional analysts of the Commission staff may be persons detailed from the Department to the Commission. (4) Subject to paragraph (3), the head of any Federal agency, upon the request of the Director, may detail any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this section. (5) The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair, the head of such agency shall furnish such information to the Commission, unless such information is classified. (k) Other authority (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5. (2) To the extent funds are available, the Commission may lease real property and acquire personal property either of its own accord or in consultation with the General Services Administration. (l) Communications (1) (A) Except as provided in subparagraph (B), no person may restrict an employee of the Department in communicating with the Commission. (B) Subparagraph (A) does not apply to a communication that is unlawful. (2) All ex parte communications with the Commission shall be made part of the public record. (m) Reference to National Academies of Sciences, Engineering, and Medicine In the case that the Secretary enters into an agreement with another organization as described in section 202(h)(1) of the Toxic Exposure in the American Military Act (n) Toxic substance defined In this section, the term toxic substance . (b) Clerical amendment The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item: 547. Toxic Exposure Review Commission. . 202. Agreement with National Academies of Sciences, Engineering, and Medicine concerning the exposure of humans to toxic substances (a) Purpose The purpose of this section is to provide for the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Academies (b) Agreement (1) In general The Secretary of Veterans Affairs shall seek to enter into a five-year agreement with the Academies to perform the services covered by this section. (2) Timing The Secretary shall seek to enter into an agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (3) Extension An agreement under this section may be extended in five-year increments. (c) Review of scientific evidence Under an agreement between the Secretary and the Academies under this section, the Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between exposure to toxic substances during active military, naval, or air service and each disease suspected to be associated with such exposure in the human population. (d) Scientific determinations concerning diseases For each disease reviewed under subsection (c), the Academies shall determine, to the extent that available scientific data permit meaningful determinations— (1) whether an association exists between exposure to toxic substances and the occurrence of the disease, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association; (2) the increased risk of the disease among those exposed to toxic substances during active military, naval, or air service; and (3) whether there exists a plausible biological mechanism or other evidence of a causal relationship between the exposure and the occurrence of the disease. (e) Cooperation of Federal agencies The head of each relevant Federal agency, including the Secretary of Defense, shall cooperate fully with the Academies in performing the services covered by this section. (f) Recommendations for additional scientific studies (1) In general Under an agreement between the Secretary and the Academies under this section, the Academies shall make any recommendations for additional scientific studies to resolve areas of continuing scientific uncertainty relating to the exposure of humans to toxic substances. (2) Considerations In making recommendations under paragraph (1), the Academies shall consider— (A) the scientific information that is available at the time of the recommendation; (B) the value and relevance of the information that could result from additional studies; and (C) the cost and feasibility of carrying out such additional studies. (g) Reports (1) Initial report (A) In general Under an agreement between the Secretary and the Academies under this section, not later than one year after the date of the enactment of this Act, the Academies shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives an initial report on the activities of the Academies under the agreement. (B) Elements The report submitted under subparagraph (A) shall include the following: (i) The determinations described in subsection (d). (ii) A full explanation of the scientific evidence and reasoning that led to such determinations. (iii) Any recommendations of the Academies under subsection (f). (2) Periodic updates Under an agreement between the Secretary and the Academies under this section, not less frequently than once every two years after the date on which the initial report is submitted under paragraph (1)(A), the Academies shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives an updated report on the activities of the Academies under the agreement. (h) Alternative contract scientific organization (1) In general If the Secretary is unable within the time period prescribed in subsection (b)(2) to enter into an agreement with the Academies for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that— (A) is not part of the Federal Government; (B) operates as a not-for-profit entity; and (C) has expertise and objectivity comparable to that of the Academies. (2) Treatment If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section, section 547 of title 38, United States Code, as added by section 201(a), and section 1119 of such title, as added by section 103(a), to the National Academies of Sciences, Engineering, and Medicine shall be treated as a reference to the other organization. 203. Collection, analysis, and report on treatment of veterans for medical conditions related to exposure to toxic substances (a) In general The Secretary of Veterans Affairs shall compile and analyze, on a continuous basis, all clinical data that— (1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and (2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and exposure to a toxic substance. (b) Consent of patients Compilation and analysis by the Secretary of clinical data of a veteran under subsection (a) shall be conducted, and such data shall be used, consistent with the informed consent of the veteran and in compliance with all applicable Federal law. (c) Annual report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Toxic Exposure Review Commission established by section 547 of title 38, United States Code, as added by section 201(a) of this Act, a report containing— (1) the data compiled under subsection (a); (2) an analysis of such data; (3) a description of the types and incidences of medical conditions identified by the Department under such subsection; (4) the explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable; and (5) the views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and exposure to a toxic substance. III Improvement of resources of Department of Veterans Affairs regarding exposures to toxic substances 301. Publication of list of resources of Department of Veterans Affairs for veterans exposed to toxic substances and outreach program for such veterans and caregivers and survivors of such veterans (a) Publication of list of resources (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs shall publish a list of resources of the Department of Veterans Affairs for— (A) veterans provided disability compensation under chapter 11 (B) veterans eligible for hospital care, medical services, and nursing home care under section 1710(a)(2)(F) of such title; (C) caregivers of veterans described in subparagraph (A) or (B) who are participating in the program of comprehensive assistance for family caregivers under section 1720G(a) of such title; and (D) survivors of veterans described in subparagraph (A) or (B) (or who would be described in any such subparagraph were the veteran alive) who are receiving death benefits under the laws administered by the Secretary. (2) Update The Secretary shall periodically update the list published under paragraph (1). (b) Outreach The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to exposure to toxic substances, including outreach with respect to benefits and support programs. 302. Incorporation of toxic exposure questionnaire during primary care appointments (a) In general The Secretary of Veterans Affairs shall incorporate a clinical questionnaire to help determine potential exposure to toxic substances during active military, naval, or air service as part of the initial screening conducted for an appointment of a veteran with a primary care provider of the Department of Veterans Affairs to improve understanding by the Department of exposure of veterans to toxic substances while serving in the Armed Forces. (b) Determination of questions The questions included in the questionnaire required under subsection (a) shall be determined by the Secretary with input from medical professionals. 303. Training of health care personnel of Department of Veterans Affairs on illnesses related to exposure to toxic substances (a) In general The Secretary of Veterans Affairs shall ensure that health care personnel of the Department of Veterans Affairs are appropriately trained to identify, treat, and assess the impact of illnesses related to exposure to toxic substances. (b) Elements of training The training required under subsection (a) shall— (1) provide health care personnel of the Department with specific education with respect to illnesses related to exposure to toxic substances; and (2) inform such personnel of how to probe for additional information from veterans regarding exposures to different toxicants. (c) Toxicant defined In this section, the term toxicant | Toxic Exposure in the American Military Act |
Transparency in Classification Act of 2021 This bill establishes the Interagency Security Classification Appeals Panel, a body to review decisions related to the classification of information, and contains other related provisions. The appeals panel shall provide the public and authorized users of the classification system with a forum to request review of agency classification decisions. It shall also provide members of Congress a mechanism for expedited reviews of classification decisions. Each agency that handles classified information shall establish a policy for an individual authorized to access classified information to request a review of a classification decision. Such an individual may also appeal a classification decision to the appeals panel. Appeals panel decisions may be appealed to the President. The bill imposes various requirements related to the appeals processes created under this bill, including time lines for rendering decisions. The appeals panel shall establish a public website with information about all appeals requests that it has received. | 117 S932 IS: Transparency in Classification Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 932 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Murphy Mr. Wyden Committee on Homeland Security and Governmental Affairs A BILL To establish the Interagency Security Classification Appeals Panel, to provide agency and higher level reviews of classification decisions, to provide expedited review of classification decisions for members of Congress, and to provide protections for those challenging classification decisions, and for other purposes. 1. Short title This Act may be cited as the Transparency in Classification Act of 2021 2. Findings Congress makes the following findings: (1) A fundamental tenet of democracy is the consent of the governed, which requires public knowledge of governmental actions. As a result, few government powers are more sacred than the ability to decide which information should be withheld from the public. (2) The protection of our national security requires that some of the work of the United States Government be done such that this information is protected if its disclosure could cause serious or grave harm to national security and if such harm does not outweigh the public's right to know. (3) Although the executive branch of the Federal Government has a responsibility to weigh the public's right to know when making classification decisions, it does not always do so due to errors of commission and omission. (4) In order to ensure an informed public while simultaneously protecting certain information that would harm national security if divulged, checks and balances are needed for the classification system. (5) Congress, by virtue of its vital role in oversight, has an interest and responsibility to address abuse and improper classification by the executive branch of the Federal Government. (6) Although section 552 of title 5, United States Code (commonly known as the Freedom of Information Act 50 U.S.C. 3161 (7) An accurate and limited classification system supports both the public's right to know and government effectiveness through enabling policy coordination, reducing costs of maintaining information that need not be classified, and protecting the integrity of the classification system. (8) The national security of the United States is enhanced both by laws permitting national security agencies to occasionally limit access to sensitive national security information through the classification system, such as Executive Order 13526 ( 50 U.S.C. 3161 (9) Allowing limitations on access as described in paragraph (8) presents a potential for abuse, where embarrassing or inconvenient information could be classified for reasons other than national security. This is prohibited by law, including by section 1.7 of Executive Order 13526 ( 50 U.S.C. 3161 (10) Ensuring national security agencies use classification powers judiciously and in accordance with the laws described in paragraph (8) requires a recourse for authorized classification holders, including all members of Congress, to challenge classifications decisions of agencies and appeal agency-level classification decisions to an independent body. (11) Since 1995, the Interagency Security Classification Appeals Panel (ISCAP) has provided the public and users of the classification system with a valuable forum for further review of classification decisions. (12) Since the founding of the Interagency Security Classification Appeals Panel, however, the work of the Panel has been constrained by a lack or resources, including classified communication technology and dedicated staff, as well as limited progress on much-needed governmentwide modernization of the classification system. This has created a backlog of more than 1,000 cases. (13) Since 2000, the Public Interest Declassification Board (PIDB) has provided a vital role in supporting the public interest in classification policy and classification decisions, including the vital role of responding to requests from Congress to consider the classification decisions of specific records. This advisory role plays a separate, complementary role to the Interagency Security Classification Appeals Panel, which is able to declassify records through its appeal function. (14) Section 2302(b)(9)(A) of title 5, United States Code, prohibits the head of an agency from taking or failing to take, or threatening to take or fail to take, a personnel action against certain employees because of the exercise of an appeal, complaint, or grievance right granted by any provision of law. 3. Definitions In this Act: (1) Agency, classified material or record, declassification, and national security The terms agency classified material classified record declassification national security Public Law 106–567 50 U.S.C. 3355g (2) Authorized users of the classification system The term authorized user of the classification system (3) Classification decision (A) In general The term classification decision (B) Inclusion Such term includes the following: (i) An original classification decision. (ii) A decision creating a derivative classification. (iii) A decision creating a classification by compilation. (iv) Any decision creating any similar classification pursuant to a provision of law in effect on the day before the date of the enactment of this Act. (4) Panel The term Panel 4. Interagency Security Classification Appeals Panel (a) Establishment There is established within the executive branch of the United States a panel to be known as the Interagency Security Classification Appeals Panel (b) Purposes The purposes of the Panel are as follows: (1) To provide the public and authorized users of the classification system, including members of Congress and employees and contractors of the legislative branch of the Federal Government who are authorized users of the classification system, with a forum for further review of classification decisions made by the heads of agencies. (2) To provide a member of Congress a mechanism for expedited review of a classification decision that is relevant to an active public policy debate. (c) Duties The duties of the Panel are as follows: (1) Carrying out such activities as may be necessary for the purposes set forth under subsection (b). (2) Conducting reviews under section 5(b). (3) Such other duties as may be identified by the President. (d) Membership (1) Composition Subject to paragraphs (2) and (3), the Panel shall be composed of 6 members, each of whom shall be appointed by one of the following: (A) The Secretary of State. (B) The Secretary of Defense. (C) The Attorney General. (D) The Archivist of the United States. (E) The Director of National Intelligence. (F) The National Security Advisor. (2) Additional members under certain circumstances (A) Matters concerning the Central Intelligence Agency Subject to paragraph (3), when the Panel deliberates a matter concerning classified material or records that originated with the Central Intelligence Agency or when dealing with a support activity associated with such a classified material or record, the Panel shall, at the discretion of the Director of the Central Intelligence Agency, consist of 7 members as follows: (i) The 6 members of the Panel appointed under paragraph (1). (ii) One member appointed by the Director of the Central Intelligence Agency. (B) Matters concerning Congress Subject to paragraph (3)(B), when the Panel deliberates a matter concerning classified material or records relating to congressional requests or reporting requirements, the Panel shall consist of 8 members as follows: (i) The 6 members of the Panel appoints under paragraph (1). (ii) One member chosen by the Secretary of the Senate. (iii) One member chosen by the Clerk of the House of Representatives. (3) Qualifications and status (A) Federal employee status Each member of the Panel under paragraphs (1) and (2)(A) shall be a full-time or permanent employee of the Federal Government who is in a senior-level position, such as a member of the Senior Executive Service. (B) Security clearance An individual may not be selected to be a member of the Panel unless, as of the day before the date of such selection, the individual had a security clearance at a level appropriate for purposes of serving as a member of the Panel. (4) Chairperson (A) In general The members of the Panel appointed under paragraph (1) shall designate a chairperson from among the members of the Panel. (B) Reporting The chairperson of the Panel shall report directly to the Director of the Information Security Oversight Office of the National Archives and Records Administration. (e) Administration (1) Executive secretary The Director of the Information Security Oversight Office of the National Archives and Records Administration shall serve as the executive secretary of the Panel. (2) Program and administrative support The Director shall provide program and administrative support for the Panel. (3) Bylaws Not later than 180 days after the date of the enactment of this Act, the Panel shall publish bylaws that clearly show how individuals described in section 5(b)(1)(A) may submit requests under such section. (f) Public observer (1) In general The Panel shall select a highly qualified, public observer who shall— (A) participate in activities and deliberations of the Panel; (B) aid in transparency and provide an external, historical perspective to inform Panel deliberations; and (C) be vetted and provided an interim and permanent security clearance. (2) Qualifications The Panel shall ensure that a person selected to serve as a public observer under paragraph (1)— (A) has significant experience in examining and assessing public access to classified files or decisions in an academic, historic, or advocacy role; (B) has a history of independence and nonpartisan advocacy for transparency and open debate relating to government records; and (C) at the time of selection is not serving in a publicly elected office and has not served in a partisan elected office at any time during the 5-year period ending on the date of selection. 5. Agency and higher level review of classification decisions (a) Agency review of classification decisions (1) In general Each head of an agency shall establish a process under which— (A) an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by such head may request a review of such classification decision; (B) the head of the agency reviews such classification decision pursuant to such request; and (C) the head of the agency revokes, modifies, or sustains such classification decision. (2) Elements Under a process established by the head of an agency under paragraph (1)— (A) an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by such head shall be able to request a review of such decision by submitting to the head, at any time, the request in writing; (B) except as provided in subparagraph (C), for each request the head of the agency receives under subparagraph (A) regarding a classification decision of the head of the agency, the head of the agency shall— (i) not later than 60 days after the date on which the head of the agency receives the request, respond to the request by providing the requestor with— (I) an acknowledgment that the head of the agency received the request; and (II) a notice estimating when the head of the agency will complete a review of the request under subparagraph (B) of paragraph (1) and act on the request under subparagraph (C) of such paragraph; and (ii) not later than 120 days after the date on which the head of the agency receives the request— (I) complete a review of the request pursuant to subparagraph (B) of paragraph (1); and (II) pursuant to such review, act on the request under subparagraph (C) of such paragraph; (C) the head of the agency is not required to review a classification decision as described in subparagraph (B) of paragraph (1) or take an action under subparagraph (C) of such paragraph if the classification decision was already reviewed pursuant to a substantially similar request under this subsection during the most recently 2-year period; (D) the head of the agency may review a classification decision pertaining to classified material or a classified record that is subject to a request under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act (E) requests for review under this subsection and responses to such requests are not themselves treated as classified material or classified records; (F) any classified material or classified record that is the subject of a request under this subsection remains classified under this subsection until the head of the agency changes such classification under paragraph (1)(C) or such classification is changed by the Panel under subsection (b)(3); and (G) priority is given to the review of a classification decision when an expedited review has been requested under subsection (d)(2). (b) Appeals for higher level review (1) Submittal (A) In general An individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by the head of an agency may submit to the Panel a request to review such classification decision. (B) Manner A request submitted under subparagraph (A) shall be submitted in writing. (C) Content (i) In general Except as provided in clause (ii), a request submitted under subparagraph (A) need not be more specific than questioning why classified material or a classified record is or is not classified at a certain level. (ii) Minimum information A request submitted under subparagraph (A) with respect to a classification decision shall contain enough information to enable the executive secretary of the Panel to obtain pertinent documents about the request and the classification decision. (iii) No classified information (I) In general Except as provided in subclause (II), a request submitted under subparagraph (A) shall not include any classified material or records. (II) Arrangements If it is impossible for an individual to request under subparagraph (A) a review of a classification decision without submitting classified material or a classified record along with the request, the submitter of the request may do so after first contacting the Panel and making prior arrangements for submittal of the classified material or classified record. (D) Electronic submission The Panel shall establish and publicly announce an electronic mail address to which requests may be submitted under subparagraph (A). (E) Timeliness of requests A requests submitted to the Panel under subparagraph (A) shall be submitted not later than 60 days after— (i) in a case in which the head of an agency provides a response to the submitter of the request in accordance with subsection (a)(2)(B), the date of the final agency decision arrived at pursuant to a review carried out pursuant to the request; or (ii) in a case in which the head of the agency fails to respond to the request in accordance with subsection (a)(2)(B), the date that is 60 days after the date on which the request was submitted to the head of the agency. (F) Rejection of requests If the executive secretary of the Panel determines that a request submitted under subparagraph (A) is not submitted in accordance with the requirements of this section, the executive secretary shall— (i) notify the submitter of the request, in writing, that the request was not submitted in accordance with the requirements of this section; and (ii) explain in detail how the request is deficient. (2) Review The Panel shall review the following: (A) A classification decision of the head of an agency pursuant to a request for review submitted under paragraph (1)(A), in a case in which the submitter of the request— (i) previously submitted a request for review of the classification decision to the head of the agency in accordance with the process established by the head of the agency under subsection (a); and (ii) (I) received, pursuant to such process, a final decision arrived at pursuant to a review conducted pursuant to the request; or (II) did not receive a response as required by subsection (a)(2)(B). (B) A classification decision of the head of an agency pursuant to a request for expedited review for Congress submitted under subsection (d)(3). (3) Resolution (A) In general After reviewing a classification decision of the head of an agency under paragraph (2) and using past precedent to inform and to improve the efficiency of decision making, the Panel may, pursuant to a vote of the members of the panel— (i) affirm the classification decision or a decision of the head arrived at pursuant to a review conducted pursuant to the process established by the head under subsection (a); (ii) reverse a decision described in clause (i), in whole or in part; or (iii) engage in dialogue with the head of the agency for further consideration of a decision described in clause (i). (B) Votes A decision to reverse under subparagraph (A)(ii) shall be made with an affirmative vote of at least a majority of the members of the Panel present for the vote. (C) Notification Not later than 2 business days after the Panel decides to take an action under subparagraph (A) pursuant to a request for a review of a classification decision of the head of an agency, the executive secretary of the Panel shall notify the submitter of the request and the head of the agency in writing of the decision of the Panel. (D) Declassification (i) In general Except as provided in clause (ii), 10 days after the executive secretary of the Panel submits notice under subparagraph (C) with respect to a decision of the Panel that classified material or a classified record should be declassified in whole or in part under subparagraph (A), the Panel shall publish notice of the decision of the Panel and the declassified material or record, unless the President overrules the decision of the Panel under subsection (c). (ii) Declassification pursuant to appeals from members of Congress In a case of a decision described in clause (i) that is arrived at pursuant to a request for expedited review for a member of Congress submitted under subsection (d)(3), the Panel shall carry out clause (i) as if the reference to 10 days 2 days (4) Administrative matters (A) Notice to agency heads If the Panel receives a request under paragraph (1)(A) with respect to a classification decision of the head of an agency, the executive secretary of the Panel shall notify the head of the agency of such request. (B) Preparation of files For each request received by the Panel under paragraph (1)(A) pursuant to which the Panel will review a classification decision, the executive secretary of the Panel shall prepare a file and present pertinent portions of such file to the members of the Panel before any votes are taken with respect to the review. (C) Classified material and records (i) In general After receiving a request under paragraph (1)(A) for review of a classification decision of the head of an agency, the executive secretary of the Panel shall arrange for the transmittal of relevant classified material and records from the agency. (ii) Cooperation Each head of an agency that receives a request from the executive secretary of the Panel for classified material or records that pertain to the review of a classification decision of the head pursuant to a request submitted under paragraph (1)(A) or a mandatory declassification review shall, within 3 business days— (I) transmit the requested classified material, records, and documents to the executive secretary of the Panel; or (II) provide the executive secretary of the Panel with access to such material, records, and documents. (D) Website (i) In general The Panel shall make available to the public on the website of the Panel the following: (I) A log of all requests for review submitted to the Panel under paragraph (1)(A). (II) The status of each request logged under subclause (I). (III) A log of all actions taken and decisions made by the Panel under paragraph (3)(A). (IV) A justification for each decision logged under subclause (III). (ii) Requirements (I) In general The Panel shall ensure that the website of the Panel serves as a public record to streamline decision making of the Panel and assist those submitting appeals under this section as well as other functions of the Panel in effect pursuant to an Executive order that was in effect before the date of the enactment of this, including functions relating to mandatory declassification review. (II) Technical accessibility Information described in clause (i), and such other information as the Panel considers relevant, shall be published under such clause in a tabular format that is contemporaneously updated and allows for the tracking and monitoring of individual requests. Such action-tracking system shall support the processing of requests and be updated with modern technology and modern formats as the Panel considers appropriate. (5) Protection of classified material and records Any classified material or record that is the subject of a classification decision that is the subject of a request for review under this subsection shall remain classified unless and until a final decision is made to declassify it. (6) Maintenance of files The executive secretary of the Panel shall maintain the files and records of the Panel pertaining to requests for review under this subsection in accordance with chapter 22 Presidential Records Act (c) Review by the President (1) Petition for review (A) In general Except as provided in subparagraph (B), during the 10-day period beginning on the date on which the head of an agency receives a notice under subparagraph (C) of subsection (b)(3) that the Panel has decided to take an action under subparagraph (A) of such subsection with respect to a classification decision or other decision of the head of agency, the head of the agency may submit to the President a petition to reverse or modify the decision of the Panel. (B) Petition period for decisions pursuant to appeals from members of Congress In a case of a decision to act as described in subparagraph (A) that is arrived at pursuant to a request for expedited review for a member of Congress submitted under subsection (d)(3), subparagraph (A) shall apply as if the reference to 10-day period 2-day period (2) Review and resolution (A) In general In response to a petition under paragraph (1), the President may overrule or modify any decision of the Panel described in the petition. (B) Publication In a case in which the President acts to overrule or modify a decision of the Panel under subparagraph (A), such act shall be published under subsection (b)(4)(D) in the same manner as an action or decision of the Panel. (d) Review for members of Congress (1) Treatment of members of Congress (A) Authority A member of Congress may submit a request under subsection (a) for review of a classification decision of the head of an agency. (B) Treatment For purposes of this section and except as otherwise provided in this section, a member of Congress shall be treated as an individual who is eligible to access the classified material or a classified record that was the subject of a classification decision. (2) Expedited agency review for members of Congress (A) In general When a member of Congress submits a request under subsection (a) for review of the classification decision of the head of an agency and the member of Congress is a member of a committee of Congress that has jurisdiction over such agency, the member of Congress may request that the review be conducted on an expedited basis. (B) Contents A request submitted under subparagraph (A) for expedited review of a classification decision shall include the following: (i) An indication that the member of Congress is requesting an expedited review of the classification decision. (ii) A justification described in subparagraph (C). (C) Justification (i) In general A justification described in this subparagraph regarding a request for an expedited review of a classification decision regarding classified materials or records is an explanation of the public interest in an expedited public release and access to such classified materials or records. (ii) Justification requiring classified material or records In a case in which a justification cannot be made under subparagraph (B)(ii) by a member of Congress without the use or presentation of classified material or records, the member of Congress shall make a prior arrangement with the head of the agency for such presentation. (3) Expedited higher level review for members of Congress (A) In general Under any of the circumstances described in subparagraph (B), a member of Congress may submit a request to the Panel for expedited review of a classification decision of the head of an agency or a decision of the head of an agency reached pursuant to a review under subsection (a). (B) Circumstances The circumstances described in the subparagraph are the circumstances in which a member of Congress— (i) submits to the head of an agency a request for a review of the classification decision of the head of the agency under subsection (a); (ii) the member of Congress is a member of a committee of Congress that has jurisdiction over such agency; and (iii) (I) the member of Congress is not satisfied with the response of the head of the agency under such subsection; (II) the member of Congress does not receive a response from the head of the agency in 5 or fewer business days regarding the request for review; or (III) the head of the agency does not complete the requested review and decide on the matter set forth in the request in 10 or fewer business days. (C) Contents A request submitted under subparagraph (A) shall include the following: (i) An indication that the member of Congress is requesting an expedited review of the classification decision. (ii) A justification described in subparagraph (D). (D) Justification (i) In general A justification described in this subparagraph regarding a request for an expedited review of a decision concerning a classification decision that pertains to classified materials or records is an explanation of the public interest in an expedited public release and access to such classified materials or records. (ii) Justification requiring classified material or records In a case in which a justification cannot be made under subparagraph (C)(ii) by a member of Congress without the use or presentation of classified material or records, the member of Congress shall make a prior arrangement with the Panel for such presentation. (E) Priority consideration If the Panel receives a request under subparagraph (A) and determines that the justification included under subparagraph (C)(ii) is valid, the Panel shall prioritize review of the matters covered by the request over all other pending reviews before the Panel. (e) Right to informal inquiry (1) In general An individual who is eligible to access classified material or a classified record may informally question the classification of such material or record. (2) Sense of Congress It is the sense of Congress that an individual who is eligible to access classified material or a classified record and who wishes to challenge such classification should do so informally before submitting a request for review under subsection (a). (f) Protections (1) Definitions In this subsection: (A) Covered individual The term covered individual (i) who, under this section, is eligible to request a review of a classification decision; and (ii) for whom the protection under section 2302(b)(9) of title 5, United States Code, does not apply. (B) Personnel action The term personnel action (i) an appointment; (ii) a promotion; (iii) an action under chapter 75 (iv) a detail, transfer, or reassignment; (v) a reinstatement; (vi) a restoration; (vii) a reemployment; (viii) a performance evaluation under chapter 43 (ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; (x) a decision to order psychiatric testing or examination; (xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (xii) any other significant change in duties, responsibilities, or working conditions. (2) Prohibition Any employee an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, any personnel action against any— (A) individual because the individual— (i) exercises the right of the covered individual under subsection (e) to question informally the classification of a classified material or record; or (ii) refuses to obey an order that would require the covered individual to violate, with respect to a classification decision, a law, rule, or regulation; or (B) covered individual because the covered individual exercises the right of the covered individual, under this section, to request a review of a classification decision. 6. Authorization of appropriations There is authorized to be appropriated to carry out sections 4 and 5, $3,000,000 for fiscal year 2022. 7. Submittal of reports in unclassified form pursuant to War Powers Resolution Section 4 of the War Powers Resolution ( 50 U.S.C. 1543 (d) (1) Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) The unclassified portion of each report submitted under subsection (a) shall be made available to the public. . 8. Rules of construction (a) Preservation of authority of President Nothing in this Act shall be construed to alter the authority of the President to determine access to classified material and records. (b) Preservation Nothing in this Act shall be construed to alter a function of the Panel that was in effect pursuant to an Executive order that was in effect before the date of the enactment of this Act and that is not covered by a provision of this Act. | Transparency in Classification Act of 2021 |
Battleship Iowa National Museum of the Surface Navy Act of 2021 This bill designates the Battleship USS Iowa Museum located in Los Angeles, California, as the National Museum of the Surface Navy. | 117 S933 IS: Battleship Iowa National Museum of the Surface Navy Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 933 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mrs. Feinstein Committee on Energy and Natural Resources A BILL To designate the Battleship IOWA Museum, located in Los Angeles, California, as the National Museum of the Surface Navy, and for other purposes. 1. Short title This Act may be cited as the Battleship Iowa National Museum of the Surface Navy Act of 2021 2. Findings Congress makes the following findings: (1) The United States Surface Navy represents the millions of sailors and thousands of ships that sail on oceans around the world to ensure the safety and freedom of Americans and all people. (2) The Battleship IOWA is an iconic Surface Navy vessel that— (A) served as home to hundreds of thousands of sailors from all 50 States; and (B) is recognized as a transformational feat of engineering and innovation. (3) In 2012, the Navy donated the Battleship IOWA to the Pacific Battleship Center, a nonprofit organization pursuant to section 501(c)(3) (4) The Battleship IOWA Museum is a museum and educational institution that— (A) has welcomed millions of visitors from across the United States and receives support from thousands of Americans throughout the United States to preserve the legacy of those who served on the Battleship IOWA and all Surface Navy ships; (B) is home to Los Angeles Fleet Week, which has the highest public engagement of any Fleet Week in the United States and raises awareness of the importance of the Navy to defending the United States, maintaining safe sea lanes, and providing humanitarian assistance; (C) hosts numerous military activities, including enlistments, re-enlistments, commissionings, promotions, and community service days, with participants from throughout the United States; (D) is a leader in museum engagement with innovative exhibits, diverse programming, and use of technology; (E) is an on-site training platform for Federal, State, and local law enforcement personnel to use for a variety of training exercises, including urban search and rescue and maritime security exercises; (F) is a partner with the Navy in carrying out Defense Support of Civil Authorities efforts by supporting training exercises and responses to crises, including the COVID–19 pandemic; (G) is a science, technology, engineering, and mathematics education platform for thousands of students each year; (H) is an instrumental partner in the economic development efforts along the Los Angeles waterfront by attracting hundreds of thousands of visitors annually and improving the quality of life for area residents; and (I) provides a safe place for— (i) veteran engagement and reintegration into the community through programs and activities that provide a sense of belonging to members of the Armed Forces and veterans; and (ii) proud Americans to come together in common purpose to highlight the importance of service to community for the future of the United States. (5) In January 2019, the Pacific Battleship Center received a license for the rights of the National Museum of the Surface Navy from the Navy for the purpose of building such museum aboard the Battleship IOWA at the Port of Los Angeles. (6) The National Museum of the Surface Navy will— (A) be the official museum to honor millions of Americans who have proudly served and continue to serve in the Surface Navy since the founding of the Navy on October 13, 1775; (B) be a community-based and future-oriented museum that will raise awareness and educate the public on the important role of the Surface Navy in ensuring international relations, maintaining safe sea transit for free trade, preventing piracy, providing humanitarian assistance, and enhancing the role of the United States throughout the world; (C) build on successes of the Battleship IOWA Museum by introducing new exhibits and programs with a focus on education, veterans, and community; (D) borrow and exhibit artifacts from the Navy and other museums and individuals throughout the United States; and (E) work with individuals from the Surface Navy community and the public to ensure that the story of the Surface Navy community is accurately interpreted and represented. 3. National Museum of the Surface Navy (a) Designation The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the National Museum of the Surface Navy (b) Purposes The purposes of the National Museum of the Surface Navy shall be to— (1) provide and support— (A) a museum dedicated to the United States Surface Navy community; and (B) a platform for education, community, and veterans programs; (2) preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and (3) ensure that the American people understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States. | Battleship Iowa National Museum of the Surface Navy Act of 2021 |
Strengthening Rural Health Clinics Act of 2021 This bill applies certain modified payment limits to rural health clinics that temporarily enrolled in Medicare during the public health emergency relating to COVID-19, that applied to enroll by December 31, 2020, or that had binding written agreements for their establishment as of that date. | 117 S934 IS: Strengthening Rural Health Clinics Act of 2021 U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 934 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Warner Mr. Blunt Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve rural health clinic payments. 1. Short title This Act may be cited as the Strengthening Rural Health Clinics Act of 2021 2. Rural health clinic payments (a) In general Section 1833(f)(3) of the Social Security Act ( 42 U.S.C. 1395l(f)(3) (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting (or, in the case of a rural health clinic described in subparagraph (B)(ii)(III), in the first year in which the rural health clinic furnishes such services) March 31 (B) in clause (i), by striking subclauses (I) and (II) and inserting the following: (I) with respect to a rural health clinic that had a per visit payment amount established for services furnished in 2020— (aa) the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in 2020, increased by the percentage increase in the MEI applicable to primary care services furnished as of the first day of 2021; or (bb) the limit described in paragraph (2)(A); and (II) with respect to a rural health clinic that did not have a per visit payment amount established for services furnished in 2020— (aa) the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in 2021 (or, in the case of a rural health clinic described in subparagraph (B)(ii)(III), the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in the first year in which such rural health clinic furnishes such services); or (bb) the limit described in paragraph (2)(A) (or, in the case of a rural health clinic described in subparagraph (B)(ii)(III), the limit established under paragraph (2) for such first year); ; and (C) in clause (ii)(I), by striking under clause (i)(I) under subclause (I) or (II) of clause (i), as applicable, (2) in subparagraph (B)— (A) in the matter preceding clause (i), by striking 2019, was 2020 (B) in clause (i)— (i) by inserting was (i) (ii) by inserting the following before the semicolon: , or, in the case of a rural health clinic described in clause (ii)(III), had an agreement described in such clause with such a hospital (C) by striking clause (ii) and inserting the following: (ii) (I) was enrolled under section 1866(j) (including temporary enrollment during the emergency period described in section 1135(g)(1)(B) for such period); (II) submitted an application for enrollment under section 1866(j) (or requested such a temporary enrollment for such period) that was received not later than December 31, 2020; or (III) as determined by the Secretary, had a binding written agreement with an outside unrelated party for the construction, purchase, lease, or other establishment of such a rural health clinic as of that date. ; and (3) by adding at the end the following new subparagraph: (C) (i) In determining whether a provider-based rural health clinic had an agreement described in subparagraph (B)(ii)(III) as of December 31, 2020, the Secretary may consider appropriate evidence relating to the agreement submitted by the provider. (ii) Not later than 60 days after the date of the enactment of this subparagraph, the Secretary shall obtain an attestation (pursuant to section 413.65(b)(3) of title 42, Code of Federal Regulations, or any successor regulation) that such provider-based rural health clinic meets, or will meet, the requirements of a provider-based rural health clinic specified in section 413.65 of title 42, Code of Federal Regulations, or any successor regulation. (iii) The Secretary may audit, as appropriate, the compliance with subparagraph (B)(ii)(III) with respect to each provider-based rural health clinic to which such subparagraph applies. If the Secretary finds as a result of an audit under this clause that the applicable requirements were not met with respect to such provider-based rural health clinic, the provider-based rural health clinic shall no longer be considered to be described in such subparagraph for purposes of this paragraph. . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 | Strengthening Rural Health Clinics Act of 2021 |
Rural Health Clinic Protection Act This bill applies certain modified payment limits to rural health clinics that temporarily enrolled in Medicare during the public health emergency relating to COVID-19 or that applied to enroll by December 31, 2020. | 117 S935 IS: Rural Health Clinic Protection Act U.S. Senate 2021-03-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 935 IN THE SENATE OF THE UNITED STATES March 23, 2021 Mr. Grassley Ms. Smith Mr. Barrasso Ms. Ernst Mrs. Capito Committee on Finance A BILL To amend title XVIII of the Social Security Act to make technical corrections to rural health clinic payments. 1. Short title This Act may be cited as the Rural Health Clinic Protection Act 2. Rural health clinic payments (a) In general Section 1833(f)(3) of the Social Security Act ( 42 U.S.C. 1395l(f)(3) (1) in subparagraph (A)— (A) in clause (i), by striking subclauses (I) and (II) and inserting the following: (I) with respect to a rural health clinic that had a per visit payment amount established for services furnished in 2020— (aa) the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in 2020, increased by the percentage increase in the MEI applicable to primary care services furnished as of the first day of 2021; or (bb) the limit described in paragraph (2)(A); and (II) with respect to a rural health clinic that did not have a per visit payment amount established for services furnished in 2020— (aa) the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in 2021; or (bb) the limit described in paragraph (2)(A); and ; and (B) in clause (ii)(I), by striking under clause (i)(I) under subclause (I) or (II) of clause (i), as applicable, (2) by striking subparagraph (B) and inserting the following: (B) A rural health clinic described in this subparagraph is a rural health clinic that— (i) as of December 31, 2020, was in a hospital with less than 50 beds and after such date such hospital continues to have less than 50 beds (not taking into account any increase in the number of beds pursuant to a waiver under subsection (b)(1)(A) of section 1135 during the emergency period described in subsection (g)(1)(B) of such section); and (ii) (I) as of December 31, 2020, was enrolled under section 1866(j) (including temporary enrollment during such emergency period for such emergency period); or (II) submitted an application for enrollment under section 1866(j) (or a request for such a temporary enrollment for such emergency period) that was received not later than December 31, 2020. . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 | Rural Health Clinic Protection Act |
National Transit Frontline Workforce Training Act of 2021 This bill directs the Department of Transportation to establish a national transit frontline workforce training center to meet the needs of the rural and urban transit system frontline workforce through standards-based training relating to relevant maintenance and operations occupations. It must also evaluate, and provide a grant to, a nonprofit organization with demonstrated capacity to develop and provide transit career ladder programs through labor-management partnerships and apprenticeships on a nationwide basis to carry out the duties of the center. The center must develop and carry out training and educational programs for public transportation employees serving in the frontline workforce, including programs relating to (1) developing consensus national training standards for key frontline occupations with demonstrated skill gaps; (2) developing national systems of qualification and apprenticeship for transit maintenance and operations occupations; and (3) establishing local, regional, and statewide transit training partnerships. | 117 S940 IS: National Transit Frontline Workforce Training Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 940 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Van Hollen Mr. Cardin Committee on Banking, Housing, and Urban Affairs A BILL To amend title 49, United States Code, to establish a National Transit Frontline Workforce Training Center, and for other purposes. 1. Short title This Act may be cited as the National Transit Frontline Workforce Training Act of 2021 2. National Transit Frontline Workforce Training Center (a) In general Section 5314(b) of title 49, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: (2) National Transit Frontline Workforce Training Center (A) Definitions In this paragraph: (i) Administrator The term Administrator (ii) Center The term Center (iii) Human capital The term human capital (B) Establishment The Secretary shall— (i) establish a center, to be known as the National Transit Frontline Workforce Training Center (ii) evaluate, and provide a grant to, a nonprofit organization with demonstrated capacity to develop and provide transit career ladder programs through labor-management partnerships and apprenticeships, on a nationwide basis, to carry out the duties of the Center described in subparagraph (C). (C) Duties (i) In general The Center, in cooperation with the Administrator, transit authorities, and other appropriate individuals and entities, shall develop and carry out training and educational programs for public transportation employees serving in the frontline workforce. (ii) Training and educational program inclusions The training and educational programs developed under clause (i) may include courses in recent developments, techniques, and procedures relating to— (I) developing consensus national training standards, in partnership with industry stakeholders, for key frontline occupations with demonstrated skill gaps; (II) developing national systems of qualification and apprenticeship for transit maintenance and operations occupations; (III) establishing local, regional, and statewide transit training partnerships— (aa) to identify and address workforce skill gaps; and (bb) to develop skills needed for— (AA) delivering quality transit service; and (BB) supporting employee career advancement; (IV) developing programs for the training of the frontline workforce, instructors, mentors, and labor-management partnership representatives, in the form of classroom, hands-on, on-the-job, and internet web-based training, to be delivered— (aa) at a national center; (bb) regionally; or (cc) at an individual transit agency; (V) developing training programs for skills relating to existing and emerging transit technologies, such as zero-emission buses; (VI) developing improved capacity for safety, security, and emergency preparedness in local transit systems and the industry as a whole through— (aa) developing the role of the frontline workforce in establishing and sustaining safety culture and safety systems in— (AA) the industry; and (BB) individual public transportation systems; and (bb) training to address frontline workforce roles in promoting health and safety for transit workers and the riding public; (VII) developing local transit capacity for career pathway partnerships with schools and other community organizations for recruiting and training underrepresented populations as successful transit employees who can develop careers in the transit industry; and (VIII) in collaboration with the Administrator, conducting and disseminating research— (aa) to provide transit workforce job projections and identify training needs and gaps; (bb) to determine the most cost-effective methods for transit workforce training and development, including return-on-investment analysis; (cc) to identify the most effective methods for implementing successful safety systems and a positive safety culture; (dd) to promote transit workforce best practices for achieving cost-effective, quality, safe, and reliable public transportation services; and (ee) to provide culturally competent training and education programs to all participants, regardless of gender, sexual orientation, or gender identity, including participants with limited English proficiency, diverse cultural and ethnic backgrounds, and disabilities. (D) Coordination The Secretary shall coordinate the activities of the Center under this paragraph, to the maximum extent practicable, with— (i) the Office of Career, Technical, and Adult Education of the Department of Education; and (ii) the Office of Apprenticeship of the Department of Labor. (E) National Transit Database For the purposes of carrying out this section, the Secretary shall require the collection, through the National Transit Database, on an annual basis, of additional data relating to human capital, in accordance with such requirements relating to the collection and definition of those data as the Secretary may establish, in coordination with relevant transportation sector individuals and entities. (F) Use of other grant amounts for Center-related activities (i) In general Of the amounts made available to the recipient of a grant under section 5307, 5337, or 5339, the recipient may use not more than 0.5 percent, with the approval of the Secretary, to pay an amount equal to not more than 80 percent of the cost of an activity described in subparagraph (C). (ii) Existing programs A recipient referred to in clause (i) may use the amounts described in that clause to carry out an existing local education or training program for public transportation employees supported by— (I) the Secretary; (II) the Department of Labor; or (III) the Department of Education. ; (2) in paragraph (3), by striking or (2) (3) by striking paragraph (4). (b) Data required To be reported in National Transit Database Section 5335(c) of title 49, United States Code, is amended by inserting relating to human capital (as defined in section 5314(b)(2)(A)) or physical capital (c) Authorization of appropriations Section 5338(c) of title 49, United States Code, is amended— (1) by striking There are (1) In general There is ; and (2) by adding at the end the following: (2) National Transit Frontline Workforce Training Center There is authorized to be appropriated to carry out section 5314(b)(2) $12,000,000 for each of fiscal years 2021 through 2025. . | National Transit Frontline Workforce Training Act of 2021 |
State Funding for Internet Expansion Act of 2021 or the State Fix Act of 2021 This bill requires the Federal Communications Commission to establish a freestanding program that expands broadband access in unserved areas and underserved areas and for unserved anchor institutions (e.g., elementary schools, libraries, and museums) by using reverse auctions. The program must be separate from any universal service program and may not base the eligibility of a funding recipient on their eligibility or ineligibility for other telecommunications programs. | 117 S944 IS: State Funding for Internet Expansion Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 944 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Graham Mr. Scott of South Carolina Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to establish a program to expand access to broadband in unserved and underserved areas, and for other purposes. 1. Short title This Act may be cited as the State Funding for Internet Expansion Act of 2021 State Fix Act of 2021 2. Expansion of broadband access Title I of the Communications Act of 1934 ( 47 U.S.C. 151 14. Expansion of broadband access (a) Definitions In this section: (1) Anchor institution The term anchor institution (A) a public or private elementary school or secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (B) a library; (C) a medical or healthcare provider; (D) a museum; (E) a public safety entity; (F) public housing; (G) an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (H) any other community support organization or agency. (2) Area The term area (3) Assistant Secretary The term Assistant Secretary (4) Broadband The term broadband (A) has the meaning given the term broadband internet access service (B) includes any service that is the functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (5) Covered entity The term covered entity (A) means an entity that— (i) is owned by, controlled by, affiliated with, or acting at the direction of an entity that is organized under the laws of, or otherwise subject to the jurisdiction of, a country, the government of which is on the priority watch list established by the United States Trade Representative pursuant to section 182(a) of the Trade Act of 1974 ( 19 U.S.C. 2242(a) (ii) has engaged in an action that is prohibited under— (I) section 1(a) of Executive Order 13873 (84 Fed. Reg. 22689; relating to securing the information and communications technology and services supply chain); or (II) any regulations issued in response to the Executive Order described in subclause (I); and (B) includes any subsidiary, affiliate, employee, or representative of, and any related party with respect to, an entity described in subparagraph (A), without regard to the location or jurisdiction of incorporation of that subsidiary, affiliate, employee, representative, or party, as applicable. (6) Funding recipient The term funding recipient (7) Program Unless otherwise expressly indicated, the term program (8) Project The term project (9) Public housing The term public housing (A) has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) (B) includes housing receiving tenant-based rental assistance provided under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) (10) Reverse auction The term reverse auction (A) bids are submitted for a project by the entities that would construct or deploy infrastructure for the provision of broadband under the project; and (B) the winning bid is the bid that proposes serving an area for the lowest cost, taking into consideration the preferences under subsection (d)(2). (11) Underserved area The term underserved area (A) with a download speed of not less than 25 megabits per second and not more than 50 megabits per second; and (B) with an upload speed of not less than 3 megabits per second. (12) Unserved anchor institution The term unserved anchor institution (A) with a download speed of not less than 100 megabits per second; and (B) with an upload speed of not less than 10 megabits per second. (13) Unserved area The term unserved area (A) with a download speed of not less than 25 megabits per second; and (B) with an upload speed of not less than 3 megabits per second. (b) Program established Not later than 300 days after the date of enactment of this section, the Commission, in consultation with the Assistant Secretary, shall establish a program— (1) to expand access to broadband in unserved areas and underserved areas, and for unserved anchor institutions, in accordance with the requirements of this section; and (2) that— (A) is separate from any universal service program established under section 254; and (B) does not require a funding recipient to be designated as an eligible telecommunications carrier under section 214(e). (c) Use of program funds (1) Public notice (A) In general Not later than 300 days after the date of enactment of this section, the Commission shall publish in the Federal Register a notice informing each State and the public that amounts made available to carry out this section shall be distributed under this subsection. (B) Contents The notice published under subparagraph (A) shall include— (i) the manner in which a State shall inform the Commission of the acceptance by that State, in whole or in part, of the amounts to be distributed to the State under this subsection; (ii) a notification that the acceptance described in clause (i) shall be due on the date that is 45 days after the date on which the Commission issues the public notice; and (iii) the requirements with respect to the use of the distributed amounts under this section and under any further requirements that the Commission may prescribe. (2) Acceptance by States Not later than 45 days after the date on which the Commission publishes the notice required under paragraph (1), each State accepting amounts to be distributed under this subsection shall inform the Commission of the acceptance, in whole or in part, by the State of those amounts in the manner described by the Commission in the notice. (3) Expanding access to broadband through States (A) In general Not later than 1 year after the date of enactment of this section, the Commission shall distribute amounts made available to carry out this section among the States that have agreed to accept the funds. (B) Formulas The amount that a State receives under subparagraph (A) shall be the sum of— (i) the amount obtained by— (I) dividing the number of individuals living in unserved areas in the State by the total number of individuals living in unserved areas in the United States; and (II) multiplying 80 percent of the amount made available to carry out this section by the quotient obtained under subclause (I); and (ii) the amount obtained by— (I) dividing the number of individuals living in underserved areas in the State by the total number of individuals living in underserved areas in the United States; and (II) multiplying 20 percent of the amount made available to carry out this section by the quotient obtained under subclause (I). (4) Requirements for State receipt of amounts distributed Each State accepting amounts distributed under this subsection— (A) may allocate those amounts only through a statewide reverse auction or auctions, in the manner prescribed by the State, subject to the requirements of this section (including the rules promulgated under subsection (g)) and any further requirements that the Commission may prescribe; (B) may make an allocation under subparagraph (A) only— (i) to a funding recipient to expand access to broadband in unserved areas within the State; (ii) to a funding recipient to expand access to broadband for unserved anchor institutions located in the State; or (iii) if a State does not have, or no longer has, an unserved area within the State, to a funding recipient to expand access to broadband in underserved areas in the State; (C) shall— (i) not later than 10 years after the date of enactment of this section, return to the Commission any unused portion of those amounts; and (ii) before accepting those amounts, submit to the Commission a certification that the State will comply with clause (i); and (D) may not use more than 5 percent of those amounts to administer a reverse auction that complies with the requirements of this section. (5) Distribution of remaining funds In the case of any amounts remaining after the amounts made available to carry out this section are distributed under this subsection, the Commission shall transfer those amounts to the general fund of the Treasury, where those transferred amounts shall be dedicated for the sole purpose of deficit reduction. (d) Program requirements (1) Technology neutrality required A State administering a reverse auction to make awards under subsection (c) may not favor a project using any particular technology. (2) Bidding preference Consistent with the program, there shall be a preference, as determined by the entity administering a reverse auction, for a bidder in the reverse auction that proposes a project that is described by any of the following: (A) Not less than 20 percent of the funds provided by the bidder with respect to the project are matched from private sources. (B) The project would expand access to broadband on Tribal lands, as that term is defined by the Commission. (C) The project would provide broadband that has— (i) a latency of not more than 50 milliseconds; and (ii) (I) a download speed that is not less than 100 megabits per second or an upload speed of not less than 20 megabits per second; or (II) a download speed of not less than 1 gigabit per second or an upload speed of not less than 100 megabits per second. (D) The project would expand access to broadband in advance of the time specified in subsection (g)(1)(D). (E) The project would expand access to broadband to areas in which the median household income is below 150 percent of the poverty threshold, as defined by the Bureau of the Census. (F) The project would provide affordable payment options to subscribers in locations served. (3) Notice, transparency, accountability, and oversight required The program shall contain sufficient notice, transparency, accountability, and oversight measures to— (A) provide the public with notice regarding the assistance provided under this section; and (B) deter waste, fraud, and abuse with respect to program funds. (4) Competence The program shall contain sufficient processes and requirements, as established by each State participating in the program, to ensure that each entity participating in a reverse auction conducted by the State— (A) is capable of carrying out the applicable project in a manner that is competent and that complies with all applicable Federal, State, and local laws; (B) has the financial capacity to— (i) meet the buildout obligations of the applicable project; and (ii) satisfy the requirements of this section and any other further requirements that the Commission may prescribe in carrying out this section; and (C) has the technical and operational capacity to provide broadband in the manner contemplated by any bid placed by the entity during the reverse auction, which shall include a detailed consideration of— (i) the prior performance of the entity in constructing broadband infrastructure in rural areas; and (ii) the capability of the proposed infrastructure to be constructed and deployed by the entity to provide the proposed broadband services in the area that the infrastructure would serve. (e) Project requirements Any project funded through the program shall satisfy the following requirements: (1) The project shall adhere to quality-of-service standards established by the Commission. (2) The project— (A) shall offer broadband that, at a minimum, provides— (i) a download speed of not less than the greater of— (I) 50 megabits per second; or (II) the download speed required for an internet service to qualify as an advanced telecommunications capability, as defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) (ii) an upload speed of not less than the greater of— (I) 10 megabits per second; or (II) the upload speed required for an internet service to qualify as an advanced telecommunications capability, as defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) (iii) a latency of not more than 100 milliseconds; and (B) may offer broadband that, at a minimum, provides— (i) a download speed of not less than 25 megabits per second; (ii) an upload speed of not less than 3 megabits per second; and (iii) a latency of not more than 100 milliseconds. (3) The project shall incorporate prudent cybersecurity and supply chain risk management practices, as specified by the Commission in the rules promulgated under subsection (g), after consultation with the Director of the National Institute of Standards and Technology and the Assistant Secretary. (4) (A) Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the project shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 Davis-Bacon Act (B) With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) The funding recipient may not purchase any materials, products, or services from a covered entity. (f) Determinations regarding unserved and underserved areas (1) Initial determination (A) In general Not later than 120 days after the date of enactment of this section, the Commission shall, for the purposes of any reverse auction conducted under this section, make an initial determination as to— (i) whether an area is an unserved area or an underserved area; and (ii) whether an anchor institution is an unserved anchor institution. (B) Resources In making a determination under subparagraph (A), the Commission shall— (i) to the extent practicable, use the National Broadband Availability Map created by the Assistant Secretary; (ii) to the extent practicable, use data from the Broadband Serviceable Location Fabric established under section 802(b)(1)(B); (iii) consider other data obtained or purchased by the Commission that relates to access to broadband; (iv) consider other publicly available data or information regarding access to broadband; and (v) consider other publicly available data or information on State broadband deployment programs and any additional information States have on their constituents’ broadband access. (2) Challenge process The Commission shall provide for a process— (A) for challenging any initial determination under paragraph (1); (B) that, at a minimum, provides not less than 45 days for a person to voluntarily submit information concerning— (i) the broadband offered in the applicable area; or (ii) the broadband offered to an anchor institution, if applicable; and (C) that is sufficiently streamlined such that a reasonably prudent person that submits verified data, or meets other requirements imposed by the Commission, may easily challenge an initial determination made under paragraph (1) with little burden on that person. (3) Rebuttal period The Commission shall provide for a 30-day period, beginning on the day after the last day of the challenge process under paragraph (2), during which a person may submit a rebuttal to any challenge brought under that paragraph. (4) Final determinations Not later than 255 days after the date of enactment of this section, and after taking into consideration the challenges brought under paragraph (2) and rebuttals submitted under paragraph (3), the Commission shall make a final determination of— (A) the areas that are unserved areas or underserved areas; and (B) the anchor institutions that are unserved anchor institutions. (g) Rulemaking, distribution, and award of funds (1) In general Not later than 255 days after the date of enactment of this section, the Commission, in consultation with the Assistant Secretary, shall promulgate rules that accomplish the following: (A) Implement the requirements of this section. (B) Establish the design of, and requirements for, a reverse auction conducted by a State under this section. (C) Establish notice requirements for all reverse auctions conducted under this section that, at a minimum, and in accordance with the determinations made under subsection (f), provide the public with notice of— (i) the initial determination of which areas are unserved areas or underserved areas under paragraph (1) of that subsection; (ii) the final determination of which areas are unserved areas or underserved areas under paragraph (4) of that subsection, after the processes for challenging the initial determination and for rebutting any such challenge have concluded; and (iii) with respect to a particular reverse auction, which entities have applied to bid for funding. (D) With respect to a funding recipient that receives funding under this section for a project, provide that, not later than 6 years after the date on which the funding recipient receives the funding, the funding recipient shall provide service to not less than 80 percent of the areas proposed to be served by the project. (E) Establish broadband buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband buildout milestones. (F) Establish periodic reporting requirements for funding recipients that require those funding recipients to identify, at a minimum, with respect to the project to which the funding relates— (i) the technology used; (ii) the level of service offered; and (iii) the percentage of the applicable area served. (G) Establish mechanisms to reduce waste, fraud, and abuse within the program with respect to any reverse auction conducted under this section. (H) Establish processes to— (i) assist States in conducting statewide reverse auctions; (ii) coordinate with States to ensure that funds disbursed by the Commission and program funds awarded by the States are not used to expand access to broadband in the same unserved areas; (iii) ensure the efficient use of program funds by coordinating with other Federal programs that expand access to broadband, such as— (I) the program set forth under subpart D of part 54 of title 47, Code of Federal Regulations (or any successor regulations); (II) the program set forth under subpart J of part 54 of title 47, Code of Federal Regulations (or any successor regulations); and (III) the broadband loan and grant pilot program known as the Rural eConnectivity Pilot Program ReConnect Program Public Law 115–141 (iv) ensure that each participating State conducts a reverse auction in a manner that— (I) achieves the goals of this section; and (II) does not conflict with the rules of, or reverse auctions conducted by, the Commission. (2) Sense of Congress It is the sense of Congress that, in conducting the rulemaking under paragraph (1), the Commission should consider using milestones for completion under the program that are similar to those with respect to the program set forth under subpart J of part 54 of title 47, Code of Federal Regulations (or any successor regulations). (3) State rulemaking requirements A State that accepts funding under the program shall promulgate rules that establish— (A) standard penalties for any funding recipient or project that does not comply with this section or with any additional requirements imposed by the State with respect to a reverse auction conducted by the State; and (B) procedures for the recovery of funds, in whole or in part, from a funding recipient if the funding recipient, or the project carried out by the funding recipient, fails to comply with the requirements of this section or with any additional requirements imposed by the State with respect to a reverse auction conducted by the State. (h) Reports required (1) Inspector General and Comptroller General annual reports Not later than 1 year after the date on which funds are first awarded under the program, and annually thereafter through fiscal year 2030, the Inspector General of the Commission and the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (A) reviews the program for the year covered by the report; and (B) includes any recommendations to address waste, fraud, and abuse with respect to the program. (2) State reports A State that, in a year, receives funds under the program shall submit to the Commission— (A) a report regarding how those funds were spent during the applicable year; and (B) a certification that the State, for that year, has complied with the requirements of this section and with any further requirements prescribed by the Commission in carrying out this section, including a description of services provided with those funds and the number of locations to which broadband service was provided with those funds. (i) Authorization of appropriations There is authorized to be appropriated to the Commission $20,000,000,000 for fiscal year 2021 to carry out the program, which shall remain available through fiscal year 2030. . | State Funding for Internet Expansion Act of 2021 |
Housing Accountability Act of 2021 This bill provides statutory authority for the requirement that a property owner receiving low-income housing assistance payments for an existing public housing unit must maintain decent, safe, and sanitary conditions for the housing structure. The Department of Housing and Urban Development (HUD) must survey tenants of these structures semiannually to identify problems with the structures or with management. A structure must be referred to HUD for remediation if consistent or persistent problems are identified. HUD may impose penalties on an owner of a structure that violates this bill. | 117 S947 IS: Housing Accountability Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 947 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To provide standards for physical condition and management of housing receiving assistance payments under section 8 of the United States Housing Act of 1937. 1. Short title This Act may be cited as the Housing Accountability Act of 2021 2. Standards for physical condition and management of housing receiving assistance payments Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (w) Standards for physical condition and management of housing receiving assistance payments (1) Standards for physical condition and management of housing Any entity receiving assistance payments under this section shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, for any structure covered under a housing assistance payment contract. (2) Survey of tenants The Secretary shall develop a process by which a Performance-Based Contract Administrator shall, on a semiannual basis, conduct a survey of the tenants of each structure covered under a housing assistance payment 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) Remediation A structure covered under a housing assistance payment contract shall be referred to the Secretary for remediation if a Performance-Based Contract Administrator identifies a consistent or persistent problem with the structure or the management of the structure based on— (A) a survey conducted under paragraph (2); or (B) any other observation made by the Performance-Based Contract Administrator during the normal course of business. (4) Penalty for failure to uphold standards (A) In general The Secretary may impose a penalty on any owner of a structure covered under a housing assistance payment contract if the Secretary finds that the structure or manager of the structure— (i) did not satisfactorily meet the requirements under paragraph (1); or (ii) is repeatedly referred to the Secretary for remediation by a Performance-Based Contract Administrator through the process established under paragraph (3). (B) Amount A penalty imposed under subparagraph (A) shall be in an amount equal to not less than 1 percent of the annual budget authority the owner is allocated under a housing assistance payment contract. (C) Use of amounts Any amounts collected under this paragraph shall be used solely for the purpose of supporting safe and sanitary conditions at applicable structures or for tenant relocation, as designated by the Secretary, with priority given to the tenants of the structure that led to the penalty. (5) Applicability This subsection shall not apply to any property assisted under subsection (o). . 3. Issuance of report Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall submit to Congress a report that— (1) examines the adequacy of capital reserves for each structure covered under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) examines the use of funds derived from a housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure covered under the contract; and (3) includes any administrative or legislative recommendations to further improve the living conditions at those structures. | Housing Accountability Act of 2021 |
Women's Public Health and Safety Act This bill allows a state to exclude from participation in the state's Medicaid program a provider that performs an abortion, unless (1) the pregnancy is the result of rape or incest, or (2) the woman suffers from a physical issue that would place her in danger of death unless an abortion is performed. Under current law, a state plan for medical assistance must provide that any individual eligible for medical assistance may obtain required services from any provider qualified to perform them. | 114 S2159 IS: Women’s Public Health and Safety Act U.S. Senate 2015-10-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 2159 IN THE SENATE OF THE UNITED STATES October 7, 2015 Mr. Vitter Mr. Tillis Committee on Finance A BILL To amend title XIX of the Social Security Act to allow for greater State flexibility with respect to excluding providers who are involved in abortions. 1. Short title This Act may be cited as the Women’s Public Health and Safety Act 2. Increasing State flexibility in determining participation of providers who perform, or participate in the performance of, abortions Section 1902 of the Social Security Act ( 42 U.S.C. 1396a (1) in subsection (a)(23), by striking subsection (g) subsection (g), subsection (ll), (2) by adding at the end the following new subsection: (ll) Rules with respect to determination of participation of providers who perform, or participate in the performance of, abortions (1) In general Beginning October 1, 2015, subject to paragraph (2), for purposes of this title, a State, at its option, may establish criteria with respect to the participation under the State plan (or under a waiver of the plan) of an institution, agency, entity, or person who performs, or participates in the performance of, abortions. (2) Exception Paragraph (1) shall not apply to an abortion— (A) if the pregnancy is the result of an act of rape or incest; or (B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (3) Definitions For purposes of this subsection, the terms institution agency entity . | Women’s Public Health and Safety Act |
Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 This bill establishes a presumption of service-connection for specified diseases associated with exposure to burn pits (an area used for burning solid waste in open air without equipment) and other toxins by veterans who were awarded specified medals on or after August 2, 1990. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. Under the bill, if the Department of Veterans Affairs (VA) receives a written petition to add a disease to the list, the VA must request a determination by the National Academies of Sciences, Engineering, and Medicine with respect to whether there is a positive association between the exposure of humans to a covered toxin and the occurrence of the disease in humans. The bill makes disability or death of certain employees from specified diseases compensable as a work injury. Specifically, such employees are those who were employees of the Department of State, the Department of Defense, or an element of the intelligence community on or after August 2, 1990, and carried out job responsibilities for at least 30 days during a contingency operation. | 117 S952 IS: Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 952 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mrs. Gillibrand Mr. Rubio Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for a presumption of service connection for certain diseases associated with exposure to toxins, and for other purposes. 1. Short title This Act may be cited as the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 2. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) In general Subchapter II of chapter 11 1119. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) Presumption of service connection (1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in paragraph (2) becoming manifest in a veteran described in paragraph (3) shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. (2) The diseases specified in this paragraph are the following: (A) Asthma that was diagnosed after service in a country or territory for which a medal described in paragraph (3) was awarded. (B) (i) Head cancer of any type. (ii) Neck cancer of any type. (iii) Respiratory cancer of any type. (iv) Gastrointestinal cancer of any type. (v) Reproductive cancer of any type. (vi) Lymphoma cancer of any type. (vii) Lymphomatic cancer of any type. (viii) Kidney cancer. (ix) Brain cancer. (x) Melanoma. (C) Chronic bronchitis. (D) Chronic obstructive pulmonary disease. (E) Constrictive bronchiolitis or obliterative bronchiolitis. (F) Emphysema. (G) Granulomatous disease. (H) Interstitial lung disease. (I) Pleuritis. (J) Pulmonary fibrosis. (K) Sarcoidosis. (L) Any other disease listed under subsection (a)(2) of section 1116 of this title or for which a presumption of service connection is warranted pursuant to regulations prescribed under section subsection (b)(1) of such section. (M) Any other disease with respect to which final regulations have been prescribed under subsection (c)(3). (3) A veteran described in this paragraph is any veteran who on or after August 2, 1990, was awarded any of the following: (A) The Afghanistan Campaign Medal. (B) The Armed Forces Expeditionary Medal. (C) The Armed Forces Reserve Medal with M-device. (D) The Armed Forces Service Medal. (E) The Global War On Terrorism Expeditionary Medal. (F) The Inherent Resolve Campaign Medal. (G) The Iraqi Campaign Medal. (H) The Southwest Asia Service Medal. (b) Process to add diseases through written petition (1) In the case that the Secretary receives a written petition from an interested party to add a disease to the list of diseases specified in subsection (a)(2), not later than 90 days after the date of receipt of such petition, the Secretary shall request a determination by the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies (A) the exposure of humans to one or more covered toxins; and (B) the occurrence of the disease in humans. (2) For purposes of this subsection, the term interested party (A) a congressionally chartered veterans service organization; (B) an organization that— (i) is described in section 501(c)(3) (ii) serves veterans or members of the Armed Forces; and (iii) has continuously operated for a period of five years or more preceding the date of the submittal of the written petition under paragraph (1); (C) a collective bargaining agent for civilian employees of the United States Government; (D) a nationally recognized medical association; (E) the National Academies; or (F) a State or political subdivision of a State. (c) Determinations by National Academies (1) If the Secretary receives a determination described in paragraph (2), not later than 180 days after receipt of such determination, the Secretary shall— (A) publish in the Federal Register proposed regulations to add the disease covered by the determination to the list of diseases specified in subsection (a)(2); (B) publish in the Federal Register, and submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives— (i) the decision of the Secretary not to publish such proposed regulations; and (ii) the basis for such decision, including specific medical science refuting the determination; or (C) publish in the Federal Register a decision that insufficient evidence exists to take action under subparagraph (A) or (B). (2) A determination described in this paragraph— (A) is a determination by the National Academies that there is a positive association between— (i) the exposure of humans to one or more covered toxins; and (ii) the occurrence of the disease in humans; and (B) may be made pursuant to— (i) a request from the Secretary under subsection (b); or (ii) an agreement between the Secretary and the National Academies under section 3 of the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 (3) (A) Not later than 180 days after the date on which the Secretary publishes any proposed regulations under paragraph (1)(A) for a disease, the Secretary shall prescribe final regulations for that disease. (B) Such regulations shall be effective on the date of issuance. (d) Reference to National Academies In the case that the Secretary enters into an agreement with another organization as described in section 3(h)(1) of the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 (e) Definitions In this section: (1) The term covered toxin (A) Any toxic chemical or toxic fume. (B) Hazardous waste, mixed waste, solid waste, or used oil (as those terms are defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 (C) Radiological waste. (D) Any other carcinogen. (2) The term veterans service organization . (b) Effective date (1) In general The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Written petitions With respect to a written petition described in section 1119(b)(1) of title 38, United States Code, as added by subsection (a), that was received by the Secretary of Veterans Affairs before the effective date described in paragraph (1), the Secretary shall make a request of the National Academies of Sciences, Engineering, and Medicine under such section, as so added, not later than 90 days after such effective date. (c) Clerical amendment The table of sections at the beginning of chapter 11 section 1118 1119. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins. . (d) Conforming amendment Section 1113 of such title is amended by striking or 1118 1118, or 1119 3. Agreement with the National Academies of Sciences, Engineering, and Medicine concerning the exposure of humans to burn pits and other toxins (a) Agreement (1) In general The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies (2) Timing The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (b) Reviews of scientific evidence (1) In general Under an agreement between the Secretary and the National Academies, the National Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between the exposure of humans to covered toxins and each disease suspected to be associated with such exposure. (2) Reviews upon request Under an agreement between the Secretary and the National Academies under this section, the National Academies shall conduct a review described in paragraph (1) in response to each request made by the Secretary under section 1119(b)(1) of title 38, United States Code, as added by section 2(a). (c) Scientific determinations concerning diseases (1) In general For each disease reviewed under subsection (b), the National Academies shall determine (to the extent that available scientific data permit meaningful determinations) whether there is a positive association between the exposure of humans to one or more covered toxins and the occurrence of the disease in humans, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association. (2) Submissions for reviews upon request Under an agreement between the Secretary and the National Academies under this section, not later than 270 days after the date on which the Secretary transmits a request to the National Academies with respect to a disease under section 1119(b)(1) of title 38, United States Code, as added by section 2(a), the National Academies shall submit to the Secretary the determination made with respect to that disease under paragraph (1). (d) Recommendations for additional scientific studies (1) In general Under an agreement between the Secretary and the National Academies under this section, the National Academies shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to the exposure of humans to covered toxins. (2) Considerations In making recommendations for additional scientific studies, the National Academies shall consider— (A) the scientific information that is available at the time of the recommendation; (B) the value and relevance of the information that could result from additional studies; and (C) the feasibility of carrying out such additional studies. (e) Subsequent reviews Under an agreement between the Secretary and the National Academies under this section, the National Academies shall— (1) conduct as comprehensive a review as is practicable of the evidence referred to in subsection (b)(1) that became available since the last review of such evidence under this section; and (2) make determinations and estimates on the basis of the results of such review and all other reviews conducted for the purposes of this section. (f) Reports (1) Initial report (A) In general Under an agreement between the Secretary and the National Academies under this section, not later than 540 days after the date of the enactment of this Act, the National Academies shall submit to the Secretary and the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities of the National Academies under the agreement. (B) Elements The report submitted under subparagraph (A) shall include the following: (i) The determinations described in subsection (c)(1). (ii) An explanation of the scientific evidence and reasoning that led to such determinations. (iii) Any recommendations of the National Academies under subsection (d). (2) Periodic updates Under an agreement between the Secretary and the National Academies under this section, not less frequently than once every two years, the National Academies shall submit to the Secretary and the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an updated report on the activities of the National Academies under the agreement. (g) Limitation on authority The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. (h) Alternative contract scientific organization (1) In general If the Secretary is unable within the period prescribed in subsection (a)(2) to enter into an agreement with the National Academies on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate scientific organization that— (A) is not part of the Government; (B) operates as a not-for-profit entity; and (C) has expertise and objectivity comparable to that of the National Academies. (2) Treatment If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section, section 4, and section 1119 of title 38, United States Code, as added by section 2(a), to the National Academies shall be treated as a reference to the other organization. (i) Covered toxin defined In this section, the term covered toxin (j) Authorization of appropriations There are authorized to be appropriated to the Department of Veterans Affairs such sums as may be necessary to carry out this section. 4. Access of the National Academies of Sciences, Engineering, and Medicine to information from Federal agencies (a) In general Upon request by the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies (b) Federal agency defined In this section, the term Federal agency 5. Presumption relating to personal injury of certain Federal employees (a) In general Section 8102 of title 5, United States Code, is amended by adding at the end the following: (c) (1) In this subsection, the term covered employee 50 U.S.C. 3003 (2) Disability or death from a disease described in paragraph (2) of such section suffered by a covered employee is deemed to have resulted from personal injury sustained while in the performance of the duty of the covered employee, whether or not the covered employee was engaged in the course of employment when the disability or disability resulting in death occurred. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act. (c) Rule of construction Subsection (c) of section 8102 of such title, as added by subsection (a), shall not be construed to apply to a contractor of a Federal department or agency. | Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 |
Voter Empowerment Act of 2021 This bill expands voter registration and voting access. Specifically, the bill expands voter registration by requiring states to (1) make available online voter registration, (2) establish automatic voter registration systems, (3) permit same-day voter registration, and (4) accept voter registration applications from individuals under age 18. Further, the bill limits removing voters from voter rolls and prohibits interference with voter registration or voting. Next, the bill requires states to allow individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in federal elections. The bill also prohibits voter caging (the practice of sending mail to addresses on voter rolls, compiling a list of the undeliverable mail, and using the list to remove registered voters from voter rolls). Next, the bill expands voting access by requiring states to allow early voting and voting by mail without additional conditions. It also requires states to provide secured drop boxes at which individuals may drop off their completed absentee ballots. In addition, the bill declares that the right of a U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence. Finally, the bill permanently reauthorizes the Election Assistance Commission (EAC). It also directs the EAC to make grants to states for specified activities, including to implement automatic voter registration systems. | 117 S954 IS: Voter Empowerment Act of 2021 U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 954 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mrs. Gillibrand Mr. Warnock Committee on Rules and Administration A BILL To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes. 1. Short title; statement of policy (a) Short title This Act may be cited as the Voter Empowerment Act of 2021 (b) Statement of policy It is the policy of the United States that— (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States. 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; statement of policy. Sec. 2. Table of contents. TITLE I—Voter Registration Modernization Sec. 100. Short title. Subtitle A—Promoting Internet Registration Sec. 101. Requiring availability of internet for voter registration. Sec. 102. Use of internet to update registration information. Sec. 103. Provision of election information by electronic mail to individuals registered to vote. Sec. 104. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 105. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 106. Application of rules to certain exempt States. Sec. 107. Effective date. Subtitle B—Automatic Voter Registration Sec. 111. Short title; findings and purpose. Sec. 112. Automatic registration of eligible individuals. Sec. 113. Contributing agency assistance in registration. Sec. 114. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 115. Voter protection and security in automatic registration. Sec. 116. Registration portability and correction. Sec. 117. Payments and grants. Sec. 118. Treatment of exempt States. Sec. 119. Miscellaneous provisions. Sec. 120. Definitions. Sec. 121. Effective date. Subtitle C—Same Day Voter Registration Sec. 131. Same day registration. Subtitle D—Conditions on Removal on Basis of Interstate Cross-Checks Sec. 141. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. Subtitle E—Other Initiatives To Promote Voter Registration Sec. 151. Biennial reports on voter registration statistics. Sec. 152. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Sec. 153. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 154. Grants to States for activities to encourage involvement of minors in election activities. Subtitle F—Availability of HAVA Requirements Payments Sec. 161. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle G—Prohibiting Interference With Voter Registration Sec. 171. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 172. Establishment of best practices. Subtitle H—Voter Registration Efficiency Act Sec. 181. Short title. Sec. 182. Requiring applicants for motor vehicle driver’s licenses in new State to indicate whether State serves as residence for voter registration purposes. Subtitle I—Providing Voter Registration Information to Secondary School Students Sec. 191. Pilot program for providing voter registration information to secondary school students prior to graduation. Sec. 192. Reports. Sec. 193. Authorization of appropriations. Subtitle J—Voter Registration of Minors Sec. 194. Acceptance of voter registration applications from individuals under 18 years of age. TITLE II—Access to Voting for Individuals With Disabilities Sec. 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 202. Establishment and maintenance of State accessible election websites. Sec. 203. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 204. Protections for individuals subject to guardianship. Sec. 205. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 206. Appointments to EAC Board of Advisors. Sec. 207. Funding for protection and advocacy systems. Sec. 208. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 209. GAO analysis and report on voting access for individuals with disabilities. TITLE III—Prohibiting Voter Caging Sec. 301. Voter caging and other questionable challenges prohibited. Sec. 302. Development and adoption of best practices for preventing voter caging. TITLE IV—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 401. Short title. Sec. 402. Prohibition on deceptive practices in Federal elections. Sec. 403. Corrective action. Sec. 404. Reports to Congress. TITLE V—Democracy Restoration Sec. 501. Short title. Sec. 502. Findings. Sec. 503. Rights of citizens. Sec. 504. Enforcement. Sec. 505. Notification of restoration of voting rights. Sec. 506. Definitions. Sec. 507. Relation to other laws. Sec. 508. Federal prison funds. Sec. 509. Effective date. TITLE VI—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot Sec. 601. Short title. Sec. 602. Paper ballot and manual counting requirements. Sec. 603. Accessibility and ballot verification for individuals with disabilities. Sec. 604. Durability and readability requirements for ballots. Sec. 605. Study and report on optimal ballot design. Sec. 606. Paper ballot printing requirements. Sec. 607. Effective date for new requirements. TITLE VII—Provisional Ballots Sec. 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. TITLE VIII—Early Voting Sec. 801. Early voting. TITLE IX—Voting by Mail Sec. 901. Voting by mail. Sec. 902. Absentee ballot tracking program. Sec. 903. Election mail and delivery improvements. Sec. 904. Voting materials postage. TITLE X—Absent Uniformed Services Voters and Overseas Voters Sec. 1001. Pre-election reports on availability and transmission of absentee ballots. Sec. 1002. Enforcement. Sec. 1003. Revisions to 45-day absentee ballot transmission rule. Sec. 1004. Use of single absentee ballot application for subsequent elections. Sec. 1005. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1006. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 1007. Effective date. TITLE XI—Poll Worker Recruitment and Training Sec. 1101. Grants to States for poll worker recruitment and training. Sec. 1102. State defined. TITLE XII—Enhancement of Enforcement Sec. 1201. Enhancement of enforcement of Help America Vote Act of 2002. TITLE XIII—Federal Election Integrity Sec. 1301. Prohibition on campaign activities by chief State election administration officials. TITLE XIV—Promoting Voter Access Through Election Administration Improvements Subtitle A—Promoting Voter Access Sec. 1401. Treatment of institutions of higher education. Sec. 1402. Minimum notification requirements for voters affected by polling place changes. Sec. 1403. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1404. Accommodations for voters residing in Indian lands. Sec. 1405. Ensuring equitable and efficient operation of polling places. Sec. 1406. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 1407. Prohibiting States from restricting curbside voting. Subtitle B—Disaster and Emergency Contingency Plans Sec. 1411. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Subtitle C—Improvements in Operation of Election Assistance Commission Sec. 1421. Reauthorization of Election Assistance Commission. Sec. 1422. Requiring States to participate in post-general election surveys. Sec. 1423. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1424. Recommendations to improve operations of Election Assistance Commission. Sec. 1425. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Subtitle D—Miscellaneous Provisions Sec. 1431. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1432. Definition of election for Federal office. Sec. 1433. No effect on other laws. Sec. 1434. Clarification of exemption for States without voter registration. TITLE XV—Severability Sec. 1501. Severability. I Voter Registration Modernization 100. Short title This title may be cited as the Voter Registration Modernization Act of 2021 A Promoting Internet Registration 101. Requiring availability of internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signature requirements (1) In general For purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement If an individual is unable to meet the requirements of paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State. (3) Notice The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). (d) Confirmation and disposition (1) Confirmation of receipt (A) In general Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification The appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition (A) In general Not later than 7 days after the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification The appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (e) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Accessibility of services A State shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (h) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . (b) Special requirements for individuals using online registration (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) by mail by mail or online under section 6A of the National Voter Registration Act of 1993 (2) Requiring signature for first-time voters in jurisdiction Section 303(b) of such Act ( 52 U.S.C. 21083(b) (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration (A) In general A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 52 U.S.C. 21083(d)(2)(A) Each State Except as provided in subsection (b)(5), each State (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) (A) by striking and (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: (D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) and 7 6A, and 7 102. Use of internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a) (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition (i) Confirmation of receipt Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition Not later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and— (I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and (II) at the option of the individual, by text message. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 52 U.S.C. 21083(d)(1)(A) subparagraph (B) subparagraph (B) and subsection (a)(6) (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2)(A) (1) in the first sentence, by inserting after return the card or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 (2) in the second sentence, by striking returned, returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, 103. Provision of election information by electronic mail to individuals registered to vote (a) Including Option on Voter Registration Application To Provide Email Address and Receive Information (1) In general Section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(b) (A) by striking and (B) by striking the period at the end of paragraph (4) and inserting ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. . (2) Prohibiting use for purposes unrelated to official duties of election officials Section 9 of such Act ( 52 U.S.C. 20508 (c) Prohibiting use of electronic mail addresses for other than official purposes The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. . (b) Requiring Provision of Information by Election Officials Section 302(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b) (3) Provision of other information by electronic mail If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) The name and address of the polling place at which the individual is assigned to vote in the election. (B) The hours of operation for the polling place. (C) A description of any identification or other information the individual may be required to present at the polling place. . 104. Clarification of requirement regarding necessary information to show eligibility to vote Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form (1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section. . 105. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number (a) Form included with application for motor vehicle driver’s license Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c)(2)(B)(ii) , and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number; (b) National mail voter registration form Section 9(b)(1) of such Act ( 52 U.S.C. 20508(b)(1) , and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number; 106. Application of rules to certain exempt States Section 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 (c) Application of Internet voter registration rules Notwithstanding subsection (b), the following provisions shall apply to a State described in paragraph (2) thereof: (1) Section 6A (as added by section 1001(a) of the Voter Registration Modernization Act of 2021). (2) Section 8(a)(1)(D) (as added by section 1001(c)(1) of the Voter Registration Modernization Act of 2021). (3) Section 8(a)(5) (as amended by section 1001(c)(2) of Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. (4) Section 8(j) (as added by section 1004 of the Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. . 107. Effective date (a) In General Except as provided in subsection (b), the amendments made by this subtitle (other than the amendments made by section 104) shall take effect January 1, 2022. (b) Waiver Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2022 January 1, 2024 B Automatic Voter Registration 111. Short title; findings and purpose (a) Short title This subtitle may be cited as the Automatic Voter Registration Act of 2021 (b) Findings and purpose (1) Findings Congress finds that— (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st century technologies and procedures to maintain their security. (2) Purpose It is the purpose of this subtitle— (A) to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State and Federal Governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. 112. Automatic registration of eligible individuals (a) Requiring States To establish and operate automatic registration system (1) In general The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this subtitle. (2) Definition The term automatic registration (b) Registration of voters based on new agency records The chief State election official shall— (1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 113, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and (2) not later than 120 days after a contributing agency has transmitted such information with respect to the individual, send written notice to the individual, in addition to other means of notice established by this subtitle, of the individual’s voter registration status. (c) One-Time registration of voters based on existing contributing agency records The chief State election official shall— (1) identify all individuals whose information is transmitted by a contributing agency pursuant to section 114 and who are eligible to be, but are not currently, registered to vote in that State; (2) promptly send each such individual written notice, in addition to other means of notice established by this subtitle, which shall not identify the contributing agency that transmitted the information but shall include— (A) an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote; (B) a statement offering the opportunity to decline voter registration through means consistent with the requirements of this subtitle; (C) in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this subtitle; (D) the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications; (E) instructions for correcting any erroneous information; and (F) instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993; (3) ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the internet, or by an officially-logged telephone communication; and (4) send written notice to each such individual, in addition to other means of notice established by this subtitle, of the individual’s voter registration status. (d) Treatment of individuals under 18 years of age A State may not refuse to treat an individual as an eligible individual for purposes of this subtitle on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (e) Contributing agency defined In this subtitle, the term contributing agency 113. Contributing agency assistance in registration (a) In general In accordance with this subtitle, each contributing agency in a State shall assist the State’s chief election official in registering to vote all eligible individuals served by that agency. (b) Requirements for contributing agencies (1) Instructions on automatic registration Except as otherwise provided in this section, with each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of a covered institution of higher education, upon initial enrollment of an in-State student, each contributing agency (other than a contributing agency described in subsection (e)(1)(B)(ii)) that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment) shall inform each such individual who is a citizen of the United States of the following: (A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (B) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. (C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (D) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (2) Opportunity to decline registration required Except as otherwise provided in this section, each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address, cannot be completed until the individual is given the opportunity to decline to be registered to vote. (3) Information transmittal Upon the expiration of the 30-day period which begins on the date a contributing agency as described in paragraph (1) informs an individual of the information described in such paragraph, unless the individual has declined to be registered to vote or informs the agency that they are already registered to vote, each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 (A) The individual’s given name(s) and surname(s). (B) The individual’s date of birth. (C) The individual’s residential address. (D) Information showing that the individual is a citizen of the United States. (E) The date on which information pertaining to that individual was collected or last updated. (F) If available, the individual’s signature in electronic form. (G) Except in the case in which the contributing agency is a covered institution of higher education, in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver’s license number or the last 4 digits of the individual’s Social Security number, if the individual provided such information. (c) Alternate procedure for certain contributing agencies (1) In general With each application for service or assistance, and with each related recertification, renewal, or change of address, a contributing agency described in paragraph (2) shall— (A) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a)(6) (B) ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (b)(3). (2) Contributing agencies described The following contributing agencies are described in this paragraph: (A) Any contributing agency (other than a contributing agency that is a covered institution of higher education) that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance). (B) A contributing agency described in subsection (e)(1)(B)(ii). (d) Required availability of automatic registration opportunity with each application for service or assistance Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, upon initial enrollment of a student, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (e) Contributing agencies (1) State agencies In each State, each of the following agencies shall be treated as a contributing agency: (A) Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993. (B) Each agency in a State that administers a program pursuant to— (i) title III of the Social Security Act ( 42 U.S.C. 501 (ii) title XIX of the Social Security Act ( 42 U.S.C. 1396 (iii) the Patient Protection and Affordable Care Act ( Public Law 111–148 (C) Each State agency primarily responsible for regulating the private possession of firearms. (D) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2) (E) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (F) Any other agency of the State which is designated by the State as a contributing agency. (2) Federal agencies In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)): (A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services. (B) The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process. (C) In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof. (D) Any other agency of the Federal government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section. (3) Institutions of higher education (A) In general Each covered institution of higher education shall be treated as a contributing agency in the State in which the institution is located with respect to in-State students. (B) Procedures for institutions of higher education Notwithstanding section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (i) may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C.1090) to collect information described in paragraph (3) of such subsection (b) for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; (ii) shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; (iii) shall not request information on the affiliation or enrollment with a political party of a student in accordance with subsection (b)(3)(G); and (iv) shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 (C) Clarification Nothing in this subtitle shall be construed to require an institution of higher education to request each student affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship. (4) Publication Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State. (5) Public education The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section. (6) Permitting State medicaid agencies to share information with election officials for voter registration purposes Section 1902(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(7)(A) (A) in clause (i), by striking ; and (B) by adding at the end the following new clause: (iii) the provision to an appropriate State election official, in accordance with subsection (c) of section 113 of the Automatic Voter Registration Act of 2021, of information described in subsection (b)(3) of such section with respect to an applicant or recipient; and . (f) Definitions In this section: (1) Covered institution of higher education The term covered institution of higher education (A) has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 (B) is located in a State to which section 4(b)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b)(1) (2) In-state student The term in-State student (A) means a student enrolled in a covered institution of higher education who, for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; and (B) includes a student described in subparagraph (A) who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 114. One-time contributing agency assistance in registration of eligible voters in existing records (a) Initial transmittal of information For each individual already listed in a contributing agency’s records as of the date of enactment of this Act, and for whom the agency has the information listed in section 113(b)(3), the agency shall promptly transmit that information to the appropriate State election official in accordance with section 113(b)(3) not later than the effective date described in section 121(a). (b) Transition For each individual listed in a contributing agency’s records as of the effective date described in section 121(a) (but who was not listed in a contributing agency’s records as of the date of enactment of this Act), and for whom the agency has the information listed in section 113(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance with section 113(b)(3) not later than 6 months after the effective date described in section 121(a). 115. Voter protection and security in automatic registration (a) Protections for errors in registration An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual’s automatic registration to vote under this subtitle. (2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this subtitle. (3) The individual was automatically registered to vote under this subtitle at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this subtitle. (b) Limits on use of automatic registration The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this subtitle may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone. (c) Protection of election integrity Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who— (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Contributing agencies’ protection of information Nothing in this subtitle authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following: (1) An individual’s decision to decline to register to vote or not to register to vote. (2) An individual’s decision not to affirm his or her citizenship. (3) Any information that a contributing agency transmits pursuant to section 113(b)(3), except in pursuing the agency’s ordinary course of business. (e) Election officials’ protection of information (1) Public disclosure prohibited (A) In general Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) (iv) Any portion of the individual’s Social Security number. (v) Any portion of the individual’s motor vehicle driver’s license number. (vi) The individual’s signature. (vii) The individual’s telephone number. (viii) The individual’s email address. (B) Special rule for individuals registered to vote With respect to any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this subtitle, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) (iv) Any portion of the individual’s Social Security number. (v) Any portion of the individual’s motor vehicle driver’s license number. (vi) The individual’s signature. (2) Voter record changes Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (3) Database management standards The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment— (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request. (4) Security policy The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify— (A) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (B) security safeguards to protect personal information transmitted through the information transmittal processes of section 113 or section 114, the online system used pursuant to section 6A of the National Voter Registration Act of 1993 (as added by section 101), any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (5) State compliance with national standards (A) Certification The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (3) and (4). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: _____ hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 115(e) of the Automatic Voter Registration Act of 2021. (B) Publication of policies and procedures The chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this subtitle for the upcoming fiscal year. (D) Compliance of States that require changes to State law In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (f) Restrictions on use of information No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual’s declination to register to vote or complete an affirmation of citizenship under section 113(b). (3) An individual’s voter registration status. (g) Prohibition on the use of voter registration information for commercial purposes Information collected under this subtitle shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. 116. Registration portability and correction (a) Correcting registration information at polling place Notwithstanding section 302(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(a) (1) update the individual’s address for purposes of the records of the election official; (2) correct any incorrect information relating to the individual, including the individual’s name and political party affiliation, in the records of the election official; and (3) cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not as a provisional ballot under section 302(a) of such Act. (b) Updates to computerized Statewide voter registration lists If an election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the address or information is promptly entered into the computerized Statewide voter registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(1)(A)(vi) 117. Payments and grants (a) In general The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this subtitle (or, in the case of an exempt State, in implementing its existing automatic voter registration program). (b) Eligibility; application A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of grant; priorities The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this subtitle (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including— (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Authorization of appropriations (1) Authorization There are authorized to be appropriated to carry out this section— (A) $500,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. 118. Treatment of exempt States (a) Waiver of requirements Except as provided in subsection (b), this subtitle does not apply with respect to an exempt State. (b) Exceptions The following provisions of this subtitle apply with respect to an exempt State: (1) Section 116 (relating to registration portability and correction). (2) Section 117 (relating to payments and grants). (3) Section 119(e) (relating to enforcement). (4) Section 119(f) (relating to relation to other laws). 119. Miscellaneous provisions (a) Accessibility of registration services Each contributing agency shall ensure that the services it provides under this subtitle are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (b) Transmission through secure third party permitted Nothing in this subtitle shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this subtitle, so long as the data transmittal complies with the applicable requirements of this subtitle, including the privacy and security provisions of section 115. (c) Nonpartisan, nondiscriminatory provision of services The services made available by contributing agencies under this subtitle and by the State under sections 115 and 116 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a) (d) Notices Each State may send notices under this subtitle via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this subtitle that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (e) Enforcement Section 11 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510 (f) Relation to other laws Except as provided, nothing in this subtitle may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 (2) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 (3) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 (4) The Help America Vote Act of 2002 ( 52 U.S.C. 20901 120. Definitions In this subtitle, the following definitions apply: (1) The term chief State election official 52 U.S.C. 20509 (2) The term Commission (3) The term exempt State (4) The term State 121. Effective date (a) In general Except as provided in subsection (b), this subtitle and the amendments made by this subtitle shall apply with respect to a State beginning January 1, 2023. (b) Waiver Subject to the approval of the Commission, if a State certifies to the Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2023 January 1, 2025 C Same Day Voter Registration 131. Same day registration (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual (c) Effective date Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 sections 301, 302, and 303 subtitle A of title III (c) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . D Conditions on Removal on Basis of Interstate Cross-Checks 141. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-Checks (a) Minimum information required for removal under cross-check Section 8(c)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(c)(2) (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by inserting after subparagraph (A) the following new subparagraphs: (B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove the name of the voter from such a list, the State may not remove the name of the voter from such a list unless— (i) the State obtained the voter’s full name (including the voter’s middle name, if any) and date of birth, and the last 4 digits of the voter’s Social Security number, in the interstate cross-check; or (ii) the State obtained documentation from the ERIC system that the voter is no longer a resident of the State. (C) In this paragraph— (i) the term interstate cross-check (ii) the term ERIC system . (b) Requiring completion of cross-Checks not later than 6 months prior to election Subparagraph (A) of section 8(c)(2) of such Act ( 52 U.S.C. 20507(c)(2) not later than 90 days not later than 90 days (or, in the case of a program in which the State uses interstate cross-checks, not later than 6 months) (c) Conforming amendment Subparagraph (D) of section 8(c)(2) of such Act ( 52 U.S.C. 20507(c)(2) Subparagraph (A) This paragraph (d) Effective date The amendments made by this Act shall apply with respect to elections held on or after the expiration of the 6-month period which begins on the date of the enactment of this Act. E Other Initiatives To Promote Voter Registration 151. Biennial reports on voter registration statistics (a) Annual report Not later than 90 days after the end of each even-numbered year, each State shall submit to the Election Assistance Commission a report containing the following categories of information for the preceding 2 years: (1) The number of individuals who were registered under subtitle B. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual’s identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the Statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (b) Breakdown of information In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race, ethnicity, age, and gender of the individuals whose information is included in the category, to the extent that information on the race, ethnicity, age, and gender of such individuals is available to the State. (c) Confidentiality of information In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (d) Submission to Congress Not later than 10 days after receiving a report under subsection (a), the Election Assistance Commission shall transmit such report to Congress. (e) State defined In this section, a State (f) Sense of Congress It is the Sense of Congress that for any State participating in the Election Administration and Voting Survey administered by the Election Assistance Commission, the Commission should use the information submitted in the report under subsection (a) as part of the State’s participation in the survey. 152. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays (a) In general Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) 30 days 28 days (b) Effective date The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year. 153. Use of Postal Service hard copy change of address form to remind individuals to update voter registration (a) In general Not later than 1 year after the date of the enactment of this Act, the Postmaster General shall modify any hard copy change of address form used by the United States Postal Service so that such form contains a reminder that any individual using such form should update the individual’s voter registration as a result of any change in address. (b) Application The requirement in subsection (a) shall not apply to any electronic version of a change of address form used by the United States Postal Service. 154. Grants to States for activities to encourage involvement of minors in election activities (a) Grants (1) In general The Election Assistance Commission (hereafter in this section referred to as the Commission (2) Contents of plans A State’s plan under this subsection shall include— (A) methods to promote the use of pre-registration processes; (B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and (C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate. (b) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the State’s plan under subsection (a); (2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and (3) such other information and assurances as the Commission may require. (c) Period of grant; Report (1) Period of grant A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission. (2) Report Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2). (d) State defined In this section, the term State (e) Authorization of appropriations There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended. F Availability of HAVA Requirements Payments 161. Availability of requirements payments under HAVA to cover costs of compliance with new requirements (a) In General Section 251(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b) (1) in paragraph (1), by striking as provided in paragraphs (2) and (3) as otherwise provided in this subsection (2) by adding at the end the following new paragraph: (4) Certain voter registration activities Notwithstanding paragraph (3), a State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021. . (b) Conforming Amendment Section 254(a)(1) of such Act ( 52 U.S.C. 21004(a)(1) section 251(a)(2) section 251(b)(2) (c) Effective Date The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. G Prohibiting Interference With Voter Registration 171. Prohibiting hindering, interfering with, or preventing voter registration (a) In general Chapter 29 612. Hindering, interfering with, or preventing registering to vote (a) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. (b) Attempt Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both. . (b) Clerical amendment The table of sections for chapter 29 612. Hindering, interfering with, or preventing registering to vote. . (c) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. 172. Establishment of best practices (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 171), and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 State (b) Inclusion in voter information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (F) and inserting ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 . H Voter Registration Efficiency Act 181. Short title This subtitle may be cited as the Voter Registration Efficiency Act 182. Requiring applicants for motor vehicle driver’s licenses in new State to indicate whether State serves as residence for voter registration purposes (a) Requirements for applicants for licenses Section 5(d) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(d) (1) by striking Any change (1) Any change (2) by adding at the end the following new paragraph: (2) (A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver’s license in the State— (i) to indicate whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and (ii) to indicate whether the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office. (B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office. . (b) Effective date The amendments made by subsection (a) shall take effect with respect to elections occurring in 2021 or any succeeding year. I Providing Voter Registration Information to Secondary School Students 191. Pilot program for providing voter registration information to secondary school students prior to graduation (a) Pilot program The Election Assistance Commission (hereafter in this subtitle referred to as the Commission (b) Eligibility A local educational agency is eligible to receive funds under the pilot program under this subtitle if the agency submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the initiatives the agency intends to carry out with the funds; (2) an estimate of the costs associated with such initiatives; and (3) such other information and assurances as the Commission may require. (c) Consultation with election officials A local educational agency receiving funds under the pilot program shall consult with the State and local election officials who are responsible for administering elections for public office in the area served by the agency in developing the initiatives the agency will carry out with the funds. (d) Definitions In this subtitle, the terms local educational agency secondary school 20 U.S.C. 7801 192. Reports (a) Reports by recipients of funds Not later than the expiration of the 90-day period which begins on the date of the receipt of the funds, each local educational agency receiving funds under the pilot program under this subtitle shall submit a report to the Commission describing the initiatives carried out with the funds and analyzing their effectiveness. (b) Report by Commission Not later than the expiration of the 60-day period which begins on the date the Commission receives the final report submitted by a local educational agency under subsection (a), the Commission shall submit a report to Congress on the pilot program under this subtitle. 193. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subtitle. J Voter Registration of Minors 194. Acceptance of voter registration applications from individuals under 18 years of age (a) Acceptance of applications Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age (1) In general A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022. II Access to Voting for Individuals With Disabilities 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: 305. Access to voter registration and voting for individuals with disabilities (a) Treatment of applications and ballots Each State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 306); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); (6) transmit a validly requested absentee ballot to an individual with a disability— (A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and (B) in the case in which the request is received less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and (7) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office To provide information on registration and absentee ballot procedures for voters with disabilities in State (1) In general Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities Each State shall, through the office designated in paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places no later than 6 months after the completion of the audit. (c) Designation of means of electronic communication for individuals with disabilities To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information (1) In general Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. (e) Hardship Exemption (1) In general If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(6)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include— (A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office; (B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; (C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and (D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— (i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; (ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and (iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. (2) Approval of waiver request The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met: (A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. (B) One or more of the following issues creates an undue hardship for the State: (i) The State's primary election date prohibits the State from complying with subsection (a)(6)(A). (ii) The State has suffered a delay in generating ballots due to a legal contest. (iii) The State Constitution prohibits the State from complying with such subsection. (3) Timing of waiver (A) In general Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election. (B) Exception If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. (4) Application of waiver A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. (f) Rule of construction Nothing in this section may be construed to allow a voter's ballot selections to be transmitted over the internet or to allow for the electronic submission of a marked ballot. (g) Individual with a disability defined In this section, an individual with a disability (h) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2022. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission (1) Timing of issuance Section 311(b) of such Act ( 52 U.S.C. 21101(b) (A) by striking and (B) by striking the period at the end of paragraph (3) and inserting ; and (C) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 305, January 1, 2022. . (2) Redesignation Title III of such Act ( 52 U.S.C. 21081 (c) Clerical amendments The table of contents of such Act, as amended by section 131(c)), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Access to voter registration and voting for individuals with disabilities. . 202. Establishment and maintenance of State accessible election websites (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 306 and 307 as sections 307 and 308, respectively; and (2) by inserting after section 305 the following: 306. Establishment and maintenance of accessible election websites (a) In general Each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials The website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters The website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website to make it fully accessible in accordance with this section; or (2) develop an election website that is fully accessible in accordance with this section. (c) State plan (1) Development The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership The committee shall comprise at least the following individuals: (A) The chief election officials of the four most populous jurisdictions within the State. (B) The chief election officials of the four least populous jurisdictions within the State. (C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. (D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual. (E) Representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from two independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (d) Partnership To monitor and verify accessibility The chief State election official of each eligible State, through the committee of appropriate individuals under subsection (c)(2), shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) (2) Centers for Independent Living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f (3) A State Council on Developmental Disabilities described in section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 (4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d (6) State Assistive Technology Act Programs. (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions For purposes of this section, section 305, and section 307: (1) Accessible The term accessible (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design adopted by the Department of Justice (or any successor standards). (2) Individual with a disability The term individual with a disability 42 U.S.C. 12102 (3) Older individual The term older individual (4) State The term State (f) Effective date This section shall apply on or after January 1, 2022. . (b) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) section 305 sections 305 and 306 (c) Clerical amendments The table of contents of such Act, as amended by section 131(c) and section 201(c), is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and (2) by inserting after the item relating to section 305 the following new item: Sec. 306. Establishment and maintenance of accessible election websites. . 203. Protections for in-person voting for individuals with disabilities and older individuals (a) Requirement (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (A) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (B) by inserting after section 306 the following: 307. Access to voting for individuals with disabilities and older individuals (a) In general Each State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites (b) Clarification Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2024. . (2) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) and 306 , 306, and 307 (3) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(c), and section 202(c), is amended— (A) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and (B) by inserting after the item relating to section 306 the following new item: Sec. 307. Access to voting for individuals with disabilities and older individuals. . (b) Revisions to Voting Accessibility for the Elderly and Handicapped Act (1) Reports to Election Assistance Commission Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(c) (A) in the subsection heading, by striking Federal Election Commission Election Assistance Commission (B) in each of paragraphs (1) and (2), by striking Federal Election Commission Election Assistance Commission (C) by striking paragraph (3). (2) Conforming amendments relating to references The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 (A) by striking handicapped and elderly individuals individuals with disabilities and older individuals (B) by striking handicapped and elderly voters individuals with disabilities and older individuals (C) in section 3(b)(2)(B), by striking handicapped or elderly voter individual with a disability or older individual (D) in section 5(b), by striking handicapped voter individual with a disability (E) in section 8— (i) by striking paragraphs (1) and (2) and inserting the following: (1) accessible Voter Empowerment Act of 2021 (2) older individual ; and (ii) by striking paragraph (4), and inserting the following: (4) individual with a disability . (3) Short title amendment (A) In general Section 1 of the Voting Accessibility for the Elderly and Handicapped Act Public Law 98–435 42 U.S.C. 1973ee for the Elderly and Handicapped for Individuals with Disabilities and Older Individuals (B) References Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the Voting Accessibility for the Elderly and Handicapped Act Voting Accessibility for Individuals with Disabilities and Older Individuals Act (4) Effective date The amendments made by this subsection shall take effect on January 1, 2024, and apply to with respect to elections for Federal office held on or after that date. 204. Protections for individuals subject to guardianship (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 308 and 309 as sections 309 and 310, respectively; and (2) by inserting after section 307 the following: 308. Protections for individuals subject to guardianship (a) In general A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2022. . (b) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) and 307 307, and 308 (c) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(c), section 202(c), and section 203(a)(3), is amended— (1) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (A) by inserting after the item relating to section 307 the following new item: Sec. 308. Protections for individuals subject to guardianship. . 205. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities (a) Purposes of payments Section 261(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21021(b) (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities. . (b) Reauthorization Section 264(a) of such Act ( 52 U.S.C. 21024(a) (4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part. . (c) Period of availability of funds Section 264 of such Act ( 52 U.S.C. 21024 (1) in subsection (b), by striking Any amounts Except as provided in subsection (b), any amounts (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds (1) Deadline for obligation and expenditure In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts (A) In general The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described In subparagraph (A), a covered payment recipient (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1). . 206. Appointments to EAC Board of Advisors (a) In general Section 214(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20944(a) (1) in the matter preceding paragraph (1), by striking 37 49 (2) by adding at the end the following new paragraphs: (17) Two members appointed by the National Council on Disability. (18) Two members appointed by the Assistant Secretary of Health and Human Services for Aging. (19) Four members from organizations, whose executive leadership team consists of fifty-one percent of individuals with disabilities, representing the interests of voters with disabilities, of whom— (A) two members shall be appointed by the Committee on Education and Labor of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and (B) two members shall be appointed by the Committee on Health, Education, Labor, and Pensions of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member. (20) Four members from organizations representing the interests of older voters, of whom— (A) two members shall be appointed by the Committee on Education and Labor of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and (B) two members shall be appointed by the Special Committee on Aging of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member. . (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2022. 207. Funding for protection and advocacy systems (a) Inclusion of system serving American Indian Consortium Section 291(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(a) of each State of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e(c)(1)(B) (b) Grant amount Section 291(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(b) (1) by striking as set forth in subsections (c)(3) as set forth in subsections (c)(1)(B) (regardless of the fiscal year), (c)(3) (2) by striking except that except that the amount of the grants to systems referred to in subsection (c)(3)(B) of that section shall not be less than $70,000 and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) of that section shall not be less than $35,000. (c) Definition Section 291 of the Help America Vote Act of 2002 ( 52 U.S.C. 21061 (d) State In this section, the term State (1) a State as defined in section 901; and (2) the Commonwealth of the Northern Mariana Islands. . 208. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences (a) Establishment of pilot programs The Election Assistance Commission (hereafter referred to as the Commission (b) Reports (1) In general A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. (e) State defined In this section, the term State 209. GAO analysis and report on voting access for individuals with disabilities (a) Analysis The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act— (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines— (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report (1) In general Not later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees For purposes of this subsection, the term appropriate congressional committees (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. III Prohibiting Voter Caging 301. Voter caging and other questionable challenges prohibited (a) In General Chapter 29 613. Voter caging and other questionable challenges (a) Definitions In this section— (1) the term voter caging document (A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; (2) the term voter caging list (3) the term unverified match list (b) Prohibition Against Voter Caging No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote. (c) Requirements for Challenges by Persons Other Than Election Officials (1) Requirements for challenges No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election No person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on Election Day, or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (d) Penalties for Knowing Misconduct Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (e) No Effect on Related Laws Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 52 U.S.C. 10301 . (b) Clerical Amendment The table of sections for chapter 29 613. Voter caging and other questionable challenges. . 302. Development and adoption of best practices for preventing voter caging (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 613 of title 18, United States Code, as added by section 301(a), including practices to provide for the posting of relevant information at polling places and voter registration agencies, the training of poll workers and election officials, and relevant educational measures. For purposes of this subsection, the term State (b) Inclusion in voting information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (G) and inserting ; and (3) by adding at the end the following new subparagraph: (H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition. . IV Prohibiting Deceptive Practices and Preventing Voter Intimidation 401. Short title This title may be cited as the Deceptive Practices and Voter Intimidation Prevention Act of 2021 402. Prohibition on deceptive practices in Federal elections (a) Prohibition Subsection (b) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) (1) by striking No person (1) In general No person ; and (2) by inserting at the end the following new paragraphs: (2) False statements regarding Federal elections (A) Prohibition No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Information described Information is described in this subparagraph if such information is regarding— (i) the time, place, or manner of holding any election described in paragraph (5); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (3) False statements regarding public endorsements (A) Prohibition No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person— (i) knows such statement to be false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Definition of materially false For purposes of subparagraph (A), a statement about an endorsement is materially false (i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and (ii) such person, political party, or organization has not endorsed the election of such candidate. (4) Hindering, interfering with, or preventing voting or registering to vote No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). (5) Election described An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession. . (b) Private right of action (1) In general Subsection (c) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(c) (A) by striking Whenever any person (1) In general Whenever any person ; and (B) by adding at the end the following new paragraph: (2) Civil action Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. . (2) Conforming amendments Section 2004 of the Revised Statutes ( 52 U.S.C. 10101 (A) in subsection (e), by striking subsection (c) subsection (c)(1) (B) in subsection (g), by striking subsection (c) subsection (c)(1) (c) Criminal penalties (1) Deceptive acts Section 594 of title 18, United States Code, is amended— (A) by striking Whoever (a) Intimidation Whoever ; (B) in subsection (a), as inserted by subparagraph (A), by striking at any election at any general, primary, run-off, or special election (C) by adding at the end the following new subsections: (b) Deceptive acts (1) False statements regarding Federal elections (A) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). (B) Information described Information is described in this subparagraph if such information is regarding— (i) the time or place of holding any election described in subsection (e); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (2) Penalty Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (c) Hindering, interfering with, or preventing voting or registering To vote (1) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Attempt Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (e) Election described An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. . (2) Modification of penalty for voter intimidation Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking fined under this title or imprisoned not more than one year fined not more than $100,000, imprisoned for not more than 5 years (3) Sentencing guidelines (A) Review and amendment Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (4) Payments for refraining from voting Subsection (c) of section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 either for registration to vote or for voting for registration to vote, for voting, or for not voting 403. Corrective action (a) Corrective action (1) In general If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) (2) Communication of corrective information Any information communicated by the Attorney General under paragraph (1)— (A) shall— (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written procedures and standards for taking corrective action (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this title. 404. Reports to Congress (a) In general Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) (b) Contents (1) In general Each report submitted under subsection (a) shall include— (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 403(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes ( 52 U.S.C. 10101(c)(2) (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 402(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information (A) In general The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report made public On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means. V Democracy Restoration 501. Short title This title may be cited as the Democracy Restoration Act of 2021 502. Findings Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. In 30 States, individuals with convictions may not vote while they are on parole and 28 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting then, only 24 percent were in prison. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. As of November 2018, the lifetime ban for persons with certain felony convictions was eliminated through a Florida ballot initiative. As a result, as many as 1,400,000 people are now eligible to have their voting rights restored. In 4 States—Alabama, Florida, Mississippi, and Tennessee—more than 7 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) State disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 9 States—Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)—more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. (10) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (11) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (12) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (13) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. 503. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 504. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this title. (b) Private right of action (1) In general A person who is aggrieved by a violation of this title may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 505. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall— (A) notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual— (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 (ii) may register to vote in any such election; and (B) provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification Any individual who has been convicted of a criminal offense under Federal law— (A) shall be notified in accordance with paragraph (2) that such individual— (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 (ii) may register to vote in any such election; and (B) shall be provided with any materials that are necessary to register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. 506. Definitions For purposes of this title: (1) Correctional institution or facility The term correctional institution or facility (2) Election The term election (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office (4) Probation The term probation (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 507. Relation to other laws (a) State laws relating to voting rights Nothing in this title be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this title. (b) Certain Federal Acts The rights and remedies established by this title— (1) are in addition to all other rights and remedies provided by law, and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 52 U.S.C. 20501 508. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 503. 509. Effective date This title shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. VI Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot 601. Short title This title may be cited as the Voter Confidence and Increased Accessibility Act of 2021 602. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) (2) Paper ballot requirement (A) Voter-verified paper ballots (i) Paper ballot requirement (I) The voting system shall require the use of an individual, durable, voter-verified paper ballot of the voter’s vote that shall be marked and made available for inspection and verification by the voter before the voter’s vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term individual, durable, voter-verified paper ballot (II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii). (III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without the voter’s consent. (IV) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to subclause (II). (ii) Preservation as official record The individual, durable, voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (iii) Manual counting requirements for recounts and audits (I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified paper ballots shall be the true and correct record of the votes cast. (iv) Application to all ballots The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. (B) Special rule for treatment of disputes when paper ballots have been shown to be compromised (i) In general In the event that— (I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and (II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. (ii) Rule for consideration of ballots associated with each voting machine For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) (including the paper ballots required to be used under paragraph (2)) voting system (c) Other conforming amendments Section 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) (1) in subparagraph (A)(i), by striking counted counted, in accordance with paragraphs (2) and (3) (2) in subparagraph (A)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) (3) in subparagraph (A)(iii), by striking counted counted, in accordance with paragraphs (2) and (3) (4) in subparagraph (B)(ii), by striking counted counted, in accordance with paragraphs (2) and (3) 603. Accessibility and ballot verification for individuals with disabilities (a) In general Section 301(a)(3)(B) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3)(B) (B) (i) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot; (ii) satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, at each polling place; and (iii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that— (I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and (II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; . (b) Specific requirement of study, testing, and development of accessible voting options (1) Study and reporting Subtitle C of title II of such Act ( 52 U.S.C. 21081 (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options (a) Grants To study and report The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible and secure remote voting systems and voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities. (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and (2) such other information and certifications as the Commission may require. (c) Availability of technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access Section 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ; except that 604. Durability and readability requirements for ballots Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) (7) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable (B) Readability requirements for paper ballots marked by ballot marking device All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities. . 605. Study and report on optimal ballot design (a) Study The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). 606. Paper ballot printing requirements Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) (8) Printing requirements for ballots All paper ballots used in an election for Federal office shall be printed in the United States on paper manufactured in the United States. . 607. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(d) (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. (B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020 (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2022 2024 (I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots). (II) Paragraph (3)(B)(iii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot). (III) Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021), for the administration of the regularly scheduled general election for Federal office held in November 2020; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2024. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot. (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period in which the delay is in effect under clause (i). (C) Special rule for jurisdictions using certain nontabulating ballot marking devices In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for Federal office held in 2022 or any succeeding year elections for Federal office occurring held in 2024 or each succeeding year . VII Provisional Ballots 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards (a) In general Section 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: (d) Statewide counting of provisional ballots (1) In general For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official of the jurisdiction in which the individual is registered shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. (e) Uniform and nondiscriminatory standards (1) In general Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. . (b) Conforming amendment Section 302(f) of such Act ( 52 U.S.C. 21082(f) Each State Except as provided in subsections (d)(2) and (e)(2), each State VIII Early Voting 801. Early voting (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; and (2) by inserting after section 308 the following new section: 309. Early voting (a) Requiring Voting Prior to Date of Election (1) In general Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in the same manner as voting is allowed on such date. (2) Length of period The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the election. (b) Minimum early voting requirements Each polling place which allows voting during an early voting period under subsection (a) shall— (1) allow such voting for no less than 10 hours on each day; (2) have uniform hours each day for which such voting occurs; and (3) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). (c) Location of polling places (1) Proximity to public transportation To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection (a) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located in rural areas of the State, and shall ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (d) Standards (1) In general The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (2) Deviation The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. (e) Ballot processing and scanning requirements (1) In general The State shall begin processing and scanning ballots cast during in-person early voting for tabulation at least 14 days prior to the date of the election involved. (2) Limitation Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. (f) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission Section 321(b) of such Act ( 52 U.S.C. 21101(b) (1) by striking and (2) by striking the period at the end of paragraph (4) and inserting ; and (3) by adding at the end the following new paragraph: (5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Voter Empowerment Act of 2021 . (c) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), and section 204(c), is amended— (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: Sec. 309. Early voting. . IX Voting by Mail 901. Voting by mail (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 310 and 311 as sections 311 and 312, respectively; and (2) by inserting after section 309 the following new section: 310. Promoting ability of voters to vote by mail (a) Uniform availability of absentee voting to all voters (1) In general If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail (A) Prohibiting identification requirement as condition of obtaining ballot A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot. (B) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot. (C) Deadline for returning ballot A State may impose a reasonable deadline for requesting the absentee ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. (3) No effect on identification requirements for first-time voters registering by mail Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section. (b) Due process requirements for States requiring signature verification (1) Requirement (A) In general A State may not impose a signature verification requirement as a condition of accepting and counting an absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described In this subsection, a signature verification requirement (2) Due process requirements (A) Notice and opportunity to cure discrepancy in signatures If an individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the 10-day period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect If an individual submits an absentee ballot without a signature or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 10-day period which begins on the date the official notifies the individual that the ballot did not include a signature or has some other defect, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements An election official may not make a determination that a discrepancy exists between the signature on an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (i) at least 2 election officials make the determination; (ii) each official who makes the determination has received training in procedures used to verify signatures; and (iii) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (3) Report (A) In general Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress Not later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined For purposes of this subsection, the term Federal election cycle (4) Rule of construction Nothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (c) Online applications for absentee ballots (1) In general In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, the State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites The State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual's application is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after such required period. (4) Application for all future elections At the option of an individual, a State shall treat the individual's application to vote by absentee ballot by mail in an election for Federal office as an application for an absentee ballot by mail in all subsequent Federal elections held in the State. (d) Accessibility for individuals with disabilities The State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. (e) Uniform deadline for acceptance of mailed ballots (1) In General A State may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 10-day period which begins on the date of the election. (2) Rule of construction Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election. (f) Alternative methods of returning ballots (1) In general In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, the State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (A) permitting the individual to deliver the ballot to a polling place on any date on which voting in the election is held at the polling place; and (B) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally-designated building, or the office of a State or local election official. (2) Permitting voters to designate other person to return ballot The State— (A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and (B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office. (g) Ballot processing and scanning requirements (1) In general The State shall begin processing and scanning ballots cast by mail for tabulation at least 14 days prior to the date of the election involved. (2) Limitation Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. (h) Rule of construction Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (i) No effect on ballots submitted by absent military and overseas voters Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 (j) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), and section 801(c), is amended— (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: Sec. 310. Promoting ability of voters to vote by mail. . (c) Development of alternative verification methods (1) Development of standards The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by absentee ballot in elections for Federal office. (2) Public notice and comment The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline Not later than 6 months after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1). 902. Absentee ballot tracking program (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 311 and 312 as sections 312 and 313, respectively; and (2) by inserting after section 310 the following new section: 311. Absentee ballot tracking program (a) Requirement Each State shall carry out a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official’s office. (b) Information on whether vote was accepted The information referred to under subsection (a) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (c) Use of Toll-Free Telephone Number by Officials Without Internet Site A program established by a State or local election official whose office does not have an Internet site may meet the requirements of subsection (a) if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such subsection. (d) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Reimbursement for costs incurred by States in establishing program Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 7 Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots 297. Payments to States (a) Payments for Costs of Program In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 311 (including costs incurred prior to the date of the enactment of this part). (b) Certification of Compliance and Costs (1) Certification required In order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received A State may not receive more than one payment under this part. 297A. Authorization of Appropriations (a) Authorization There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b) Continuing Availability of Funds Any amounts appropriated pursuant to the authorization under this section shall remain available until expended. . (c) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), and section 901(b), is amended— (1) by adding at the end of the items relating to subtitle D of title II the following: Part 7—Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots Sec. 297. Payments to States. Sec. 297A. Authorization of appropriations. ; (2) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (3) by inserting after the item relating to section 310 the following new item: Sec. 311. Absentee ballot tracking program. . 903. Election mail and delivery improvements (a) Postmark required for ballots (1) In general Chapter 34 3407. Postmark required for ballots (a) In general In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed. (b) Definitions As used in this section— (1) the term absentee ballot (2) the term election for Federal office . (2) Technical and conforming amendment The table of sections for chapter 34 3407. Postmark required for ballots. . (3) Effective date The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (b) Greater visibility for ballots (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: 312. Ballot visibility (a) In general Each State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of ballot mail relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate mail pieces relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any mail relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b) Effective date The requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2022. . (2) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), section 901(b) and section 902(c), is amended— (A) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314; and (B) by inserting after the item relating to section 311 the following new item: Sec. 312. Ballot visibility. . 904. Voting materials postage (a) Prepayment of postage on return envelopes (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (A) by redesignating sections 313 and 314 as sections 314 and 315, respectively; and (B) by inserting after section 312 the following new section: 313. Prepayment of postage on return envelopes for voting materials (a) Provision of return envelopes (1) In general The appropriate State or local election official shall provide a self-sealing return envelope with— (A) any voter registration application form transmitted to a registrant by mail; (B) any application for an absentee ballot transmitted to an applicant by mail; and (C) any blank absentee ballot transmitted to a voter by mail. (2) Reasonable efforts A State shall be treated as meeting the requirements of paragraph (1) if the State makes all reasonable efforts to provide self-sealing return envelopes as provided in such paragraph. (b) Prepayment of postage Consistent with regulations of the United States Postal Service, the State or the unit of local government responsible for the administration of the election involved shall prepay the postage on any envelope provided under subsection (a). (c) No effect on ballots or balloting materials transmitted to absent military and overseas voters Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 (d) Effective date This section shall take effect on the date that is 90 days after the date of the enactment of this section, except that State and local jurisdictions shall make arrangements with the United States Postal Service to pay for all postage costs that such jurisdictions would be required to pay under this section if this section took effect on the date of enactment. . (2) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), section 901(b), section 902(c), and section 903(b), is amended— (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315, respectively; and (B) by inserting after the item relating to section 312 the following new item: Sec. 313. Prepayment of postage on return envelopes for voting materials. . (b) Role of United States Postal Service (1) In general Chapter 34 3408. Carriage of voting materials (a) Treatment as first-Class mail Any voter registration application, absentee ballot application, or absentee ballot with respect to any election for Federal office shall be carried in accordance with the service standards established for first-class mail, regardless of the class of postage prepaid. (b) Definitions As used in this section, the terms absentee ballot election for Federal office (c) Rule of construction Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 . (2) Clerical amendment The table of sections for chapter 34 of such title, as amended by section 903(a), is amended by inserting after the item relating to section 3407 the following: 3408. Carriage of voting materials. . X Absent Uniformed Services Voters and Overseas Voters 1001. Pre-election reports on availability and transmission of absentee ballots Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(c) (c) Reports on Availability, transmission, and receipt of absentee ballots (1) Pre-election report on absentee ballot availability Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the Commission (2) Pre-election report on absentee ballot transmission Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots have been transmitted by not later than 45 days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission, and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. (3) Post-election report on number of absentee ballots transmitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Attorney General, the Commission, and the Presidential Designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day. . 1002. Enforcement (a) Availability of civil penalties and private rights of action Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20307 105. Enforcement (a) Action by Attorney General (1) In general The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (2) Penalty In a civil action brought under paragraph (1), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or (B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. (3) Report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. (b) Private right of action A person who is aggrieved by a State's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section. . (b) Effective date The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. 1003. Revisions to 45-day absentee ballot transmission rule (a) Repeal of waiver authority (1) In general Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 (2) Conforming amendment Section 102(a)(8)(A) of such Act ( 52 U.S.C. 20302(a)(8)(A) except as provided in subsection (g), (b) Requiring use of express delivery in case of failure To meet requirement Section 102 of such Act ( 52 U.S.C. 20302 (g) Requiring use of express delivery in case of failure To transmit ballots within deadlines (1) Transmission of ballot by express delivery If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 45 days before the election (in the case in which the request is received at least 45 days before the election)— (A) the State shall transmit the ballot to the voter by express delivery; or (B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically. (2) Special rule for transmission fewer than 40 days before the election If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. (3) Payment for use of express delivery The State shall be responsible for the payment of the costs associated with the use of express delivery for the transmittal of ballots under this subsection. . (c) Clarification of treatment of weekends Section 102(a)(8)(A) of such Act ( 52 U.S.C. 20302(a)(8)(A) the election; the election (or, if the 45th day preceding the election is a weekend or legal public holiday, not later than the most recent weekday which precedes such 45th day and which is not a legal public holiday, but only if the request is received by at least such most recent weekday); 1004. Use of single absentee ballot application for subsequent elections (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20306 104. Use of single application for subsequent elections (a) In general If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens. . (b) Effective date The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. 1005. Extending guarantee of residency for voting purposes to family members of absent military personnel Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 (j) Guarantee of residency for spouses and dependents of absent members of uniformed service For the purposes of voting for in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual’s absence and without regard to whether or not such spouse or dependent is accompanying that individual— (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State. . 1006. Requiring transmission of blank absentee ballots under UOCAVA to certain voters (a) In general The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 103C. Transmission of blank absentee ballots to certain other voters (a) In general (1) State responsibilities Subject to the provisions of this section, each State shall transmit blank absentee ballots electronically to qualified individuals who request such ballots in the same manner and under the same terms and conditions under which the State transmits such ballots electronically to absent uniformed services voters and overseas voters under the provisions of section 102(f), except that no such marked ballots shall be returned electronically. (2) Requirements Any blank absentee ballot transmitted to a qualified individual under this section— (A) must comply with the language requirements under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 (B) must comply with the disability requirements under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d (3) Affirmation The State may not transmit a ballot to a qualified individual under this section unless the individual provides the State with a signed affirmation in electronic form that— (A) the individual is a qualified individual (as defined in subsection (b)); (B) the individual has not and will not cast another ballot with respect to the election; and (C) acknowledges that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury. (4) Clarification regarding free postage An absentee ballot obtained by a qualified individual under this section shall be considered balloting materials as defined in section 107 for purposes of section 3406 of title 39, United States Code. (5) Prohibiting refusal to accept ballot for failure to meet certain requirements A State shall not refuse to accept and process any otherwise valid blank absentee ballot which was transmitted to a qualified individual under this section and used by the individual to vote in the election solely on the basis of the following: (A) Notarization or witness signature requirements. (B) Restrictions on paper type, including weight and size. (C) Restrictions on envelope type, including weight and size. (b) Qualified individual (1) In general In this section, except as provided in paragraph (2), the term qualified individual (A) The individual— (i) has previously requested an absentee ballot from the State or jurisdiction in which such individual is registered to vote; and (ii) has not received such absentee ballot at least 2 days before the date of the election. (B) The individual— (i) resides in an area of a State with respect to which an emergency or public health emergency has been declared by the chief executive of the State or of the area involved within 5 days of the date of the election under the laws of the State due to reasons including a natural disaster, including severe weather, or an infectious disease; and (ii) has not previously requested an absentee ballot. (C) The individual expects to be absent from such individual’s jurisdiction on the date of the election due to professional or volunteer service in response to a natural disaster or emergency as described in subparagraph (B). (D) The individual is hospitalized or expects to be hospitalized on the date of the election. (E) The individual is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (2) Exclusion of absent uniformed services and overseas voters The term qualified individual (c) State For purposes of this section, the term State (d) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Conforming amendment Section 102(a) of such Act ( 52 U.S.C. 20302(a) (1) by striking and (2) by striking the period at the end of paragraph (11) and inserting ; and (3) by adding at the end the following new paragraph: (12) meet the requirements of section 103C with respect to the provision of blank absentee ballots for the use of qualified individuals described in such section. . (c) Clerical amendments The table of contents of such Act is amended by inserting the following after section 103: Sec. 103A. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. Sec. 103B. Federal voting assistance program improvements. Sec. 103C. Transmission of blank absentee ballots to certain other voters. . 1007. Effective date Except as provided in section 1002(b) and section 1004(b), the amendments made by this title shall apply with respect to elections occurring on or after January 1, 2022. XI Poll Worker Recruitment and Training 1101. Grants to States for poll worker recruitment and training (a) Grants by Election Assistance Commission (1) In general The Election Assistance Commission (hereafter referred to as the Commission (2) Use of Commission materials In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; and (D) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress (1) Reports by recipients of grants Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding (1) Continuing availability of amount appropriated Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 1102. State defined In this title, the term State XII Enhancement of Enforcement 1201. Enhancement of enforcement of Help America Vote Act of 2002 (a) Complaints; availability of private right of action Section 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 (1) by striking The Attorney General (a) In General.— (2) by adding at the end the following new subsections: (b) Filing of Complaints by Aggrieved Persons (1) In general A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (2) Response by Attorney General The Attorney General shall respond to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to be made within the same (or shorter) deadlines which apply to a State under the State-based administrative complaint procedures described in section 402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action Any person who is authorized to file a complaint under subsection (b)(1) (including any individual who seeks to enforce the individual’s right to a voter-verified paper ballot, the right to have the voter-verified paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 (d) No effect on State procedures Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection. . (b) Effective date The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. XIII Federal Election Integrity 1301. Prohibition on campaign activities by chief State election administration officials (a) In General Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 319A. Campaign activities by chief State election administration officials (a) Prohibition It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. (b) Chief State election administration official The term chief State election administration official (c) Active part in political management or in a political campaign The term active part in political management or in a political campaign (1) holding any position (including any unpaid or honorary position) with an authorized committee of a candidate, or participating in any decision-making of an authorized committee of a candidate; (2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; (3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and (4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). (d) Exception in case of recusal from administration of elections involving official or immediate family member (1) In general This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate, but only if— (A) such official recuses himself or herself from all of the official’s responsibilities for the administration of such election; and (B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. (2) Immediate family member defined In paragraph (1), the term immediate family member . (b) Effective Date The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2021. XIV Promoting Voter Access Through Election Administration Improvements A Promoting Voter Access 1401. Treatment of institutions of higher education (a) Treatment of certain institutions as voter registration agencies under national voter registration act of 1993 Section 7(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a) (1) in paragraph (2)— (A) by striking and (B) by striking the period at the end of subparagraph (B) and inserting ; and (C) by adding at the end the following new subparagraph: (C) each institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ; and (2) in paragraph (6)(A), by inserting or, in the case of an institution of higher education, upon initial enrollment of a student, assistance, (b) Responsibilities of institutions under higher education act of 1965 Section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) (23) (A) The institution will make every reasonable effort to— (i) distribute voter registration applications for elections for Federal office using a form that meets the requirements of section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508 Voter Empowerment Act of 2021 Voter Empowerment Act of 2021 (ii) provide clear guidance that each student enrolled at the institution should— (I) register in the State in which the student is eligible to vote in the next election if registration is required, which may include informing students from another State of the ability to vote in the State of the institution in which the students are enrolled and physically in attendance, in accordance with applicable State law; and (II) in the case of a student who has already registered to vote in a State described in subclause (I), update the student’s existing voter registration if the student’s address has changed recently or since the last election in which the student was eligible to vote; (iii) periodically share credible, nonpartisan resources (to be identified in consultation with the Election Assistance Commission) to help students determine where and how they are eligible to vote, which may include resources from State and local election officials on voter registration and voting requirements, including voter registration deadlines, residency requirements, voter identification requirements, and absentee voting options, as applicable; and (iv) in distributing voting materials (as defined in section 203(b)(3) of the Voting Rights Act of 1965 ( 52 U.S.C. 10503(b)(3) (I) such voting materials are provided in accordance with section 203 of that Act ( 52 U.S.C. 10503 (II) all materials and information made available electronically under this paragraph— (aa) are accessible to individuals with disabilities; and (bb) are compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines. (B) An institution shall be considered to have satisfied the requirements of clauses (i), (ii), and (iii) of subparagraph (A) if— (i) with respect to each student enrolled in the institution who is not exclusively enrolled in distance education at the institution and who has not already been registered to vote by the institution in accordance with section 113 of the Voter Empowerment Act of 2021 (I) the institution, not less than 30 days in advance of the deadline for registering to vote within the State for the next scheduled statewide Federal or State primary election and not less than 30 days in advance of the deadline for registering to vote within the State for the next scheduled statewide Federal or State general election— (aa) distributes voter registration applications to such students; or (bb) electronically transmits a message to each such student that is devoted exclusively to voter registration and contains a voter registration application acceptable for use in the State in which the institution is located, or an internet address where such voter registration application can be accessed or downloaded; (II) during a period that an institution requires or encourages such students to remain off-campus due to a national, State, or local public health or other emergency for an extended period of time, resulting in a significant disruption to such students’ ability to vote in person, as applicable, the institution additionally— (aa) requests that the State provide the institution with absentee ballot applications, as applicable, or that the State share the official State website or online portal through which eligible voters can directly request an absentee ballot; (bb) distributes to each such student an absentee ballot application requested from the State under item (aa) or the official State website or online portal through which eligible voters can directly request an absentee ballot, with instructions that the form, website, or online portal should be used only by students eligible to vote in the State; (cc) notifies such students of— (AA) applicable deadlines for requesting and submitting an absentee ballot; and (BB) additional options for early and in-person voting and voting on Election Day, as applicable; and (dd) shares credible, nonpartisan resources (to be identified in consultation with the Election Assistance Commission) to help students who are registered in another State to apply for absentee ballots in such State, which may include resources from State and local election officials; and (III) the institution ensures that an appropriate staff person or office has been designated as a Campus Vote Coordinator, who shall— (aa) ensure compliance in accordance with this paragraph at the institution; (bb) be publicly designated as the Campus Vote Coordinator, including the Campus Vote Coordinator’s contact information, on the website of the institution; and (cc) upon request, provide to students residency requirements for voting, including the ability of students from other States to vote in the State of the institution in which they are enrolled and physically in attendance, in accordance with applicable State law; and (ii) with respect to each student enrolled exclusively in distance education or correspondence programs, the institution— (I) (aa) transmits a message devoted exclusively to voter registration that refers such students to a centralized voter registration website or platform by providing the Internet address or other method to access such website or platform, that— (AA) provides applicable voter registration application and voting information for all States; and (BB) is hosted by a website operated by the Federal, State or local government; (bb) transmits such message not less than twice in each calendar year; and (cc) maintains information on the institution’s website containing credible, nonpartisan resources to help students determine where and how they are eligible to vote, or a link to such resources; or (II) provides information to such students in the same manner as the institution provides information to students not enrolled exclusively in distance education under clause (i)(I). (C) The institution will substantially comply with the requirements that apply to the institution under section 7 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506 (D) In this paragraph— (i) the term voter registration application 52 U.S.C. 20508 (ii) the term absentee ballot (iii) the term distance education (iv) the term Federal office 52 U.S.C. 30101(3) . (c) Grants to institutions demonstrating excellence in student voter registration (1) Grants authorized The Secretary of Education may award competitive grants to public and private nonprofit institutions of higher education that are subject to the requirements of section 487(a)(23) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(23) (2) Eligibility An institution of higher education is eligible to receive a grant under this subsection if the institution submits to the Secretary of Education, at such time and in such form as the Secretary may require, an application containing such information and assurances as the Secretary may require to make the determination described in paragraph (1), including information and assurances that the institution carried out activities to promote voter registration by students, such as the following: (A) Sponsoring large on-campus voter mobilization efforts. (B) Engaging the surrounding community in nonpartisan voter registration and get out the vote efforts. (C) Creating a website for students with centralized information about voter registration and election dates. (D) Inviting candidates to speak on campus. (E) Offering rides to students to the polls to increase voter education, registration, and mobilization. (3) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary to award grants under this subsection. (d) Sense of Congress relating to option of students To register in jurisdiction of institution of higher education or jurisdiction of domicile It is the sense of Congress that, as provided under existing law, students who attend an institution of higher education and reside in the jurisdiction of the institution while attending the institution should have the option of registering to vote in elections for Federal office in that jurisdiction or in the jurisdiction of their own domicile. 1402. Minimum notification requirements for voters affected by polling place changes (a) Requirements Section 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Minimum notification requirements for voters affected by polling place changes (1) In general If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote— (A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election or the first day of an early voting period (whichever occurs first); or (B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election. (2) Methods of notification The State shall notify an individual under subparagraph (A) of paragraph (1) by mail, telephone, and (if available) text message and electronic mail. (3) Placement of signs at closed polling places If a location which served as a polling place in an election for Federal office does not serve as a polling place in the next election for Federal office held in the jurisdiction involved, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: (A) A statement that the location is not serving as a polling place in the election. (B) The locations serving as polling places in the election in the jurisdiction involved. (C) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. (4) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. . (b) Conforming amendment Section 302(g) of such Act ( 52 U.S.C. 21082(g) (d)(2) and (e)(2) (d)(2), (e)(2), and (f)(4) 1403. Permitting use of sworn written statement to meet identification requirements for voting (a) Permitting use of statement Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 303A. Permitting use of sworn written statement or student identification card to meet identification requirements (a) Use of statement or student identification card (1) In general Except as provided in subsection (c), if a State has in effect any requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement— (A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with— (i) a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity and attesting that the individual is eligible to vote in the election; or (ii) if such individual is a student enrolled at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (B) in the case of an individual who desires to vote by mail, by submitting with the ballot— (i) the statement described in subparagraph (A)(i); or (ii) if such individual is a student enrolled at an institution of higher education (as so defined), a copy of the student identification card described in subparagraph (A)(ii). (2) Development of pre-printed version of statement by Commission The Commission shall develop a pre-printed version of the statement described in paragraph (1)(A)(i) which includes a blank space for an individual to provide a name and signature for use by election officials in States which are subject to paragraph (1). (3) Providing pre-printed copy of statement A State which is subject to paragraph (1) shall— (A) make copies of the pre-printed version of the statement described in paragraph (1)(A)(i) which is prepared by the Commission available at polling places for election officials to distribute to individuals who desire to vote in person; and (B) include a copy of such pre-printed version of the statement with each blank absentee or other ballot transmitted to an individual who desires to vote by mail. (b) Requiring use of ballot in same manner as individuals presenting identification An individual who presents or submits a sworn written statement or presents a student identification card in accordance with subsection (a)(1) shall be permitted to cast a ballot in the election in the same manner as an individual who presents identification. (c) Exception for first-Time voters registering by mail Subsections (a) and (b) do not apply with respect to any individual described in paragraph (1) of section 303(b) who is required to meet the requirements of paragraph (2) of such section. . (b) Requiring States To include information on use of sworn written statement and student identification card in voting information material posted at polling places Section 302(b)(2) of such Act ( 52 U.S.C. 21082(b)(2) (1) by striking and (2) by striking the period at the end of subparagraph (H) and inserting ; and (3) by adding at the end the following new subparagraph: (I) in the case of a State that has in effect any requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement or student identification card in accordance with section 303A. . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Permitting use of sworn written statement or student identification card to meet identification requirements. . (d) Effective date The amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this Act. 1404. Accommodations for voters residing in Indian lands (a) Accommodations Described (1) Designation of ballot pickup and collection locations Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. An Indian Tribe may designate one building per precinct located within Indian lands. The applicable State or political subdivision shall collect ballots from those locations. The applicable State or political subdivision shall provide the Indian Tribe with accurate precinct maps for all precincts located within Indian lands 60 days before the election. (2) Provision of mail-in and absentee ballots The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter’s precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. Voters using a tribally designated building outside of the voter’s precinct may use the tribally designated building as a mailing address and may separately designate the voter’s appropriate precinct through a description of the voter’s address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (4) Language accessibility In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 52 U.S.C. 10503 (5) Clarification Nothing in this section alters the ability of an individual voter residing on Indian lands to request a ballot in a manner available to all other voters in the State. (6) Definitions In this section: (A) Election for Federal office The term election for Federal office (B) Indian The term Indian 25 U.S.C. 5304 (C) Indian lands The term Indian lands (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 43 U.S.C. 1602 43 U.S.C. 1602 (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (D) Indian tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (E) Tribal government The term Tribal Government (7) Enforcement (A) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection. (B) Private right of action (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (ii) An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this subsection, if— (I) that person or Tribal Government provides the notice described in clause (i); and (II) (aa) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i); or (bb) in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i). (iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). (b) Bilingual election requirements Section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 (1) in subsection (b)(3)(C)), by striking 1990 2010 (2) by striking subsection (c) and inserting the following: (c) Provision of voting materials in the language of a minority group (1) In General Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. (2) Exceptions (A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall only be required to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. (B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall only be required to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. (3) Written translations for election workers Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform. . (c) Effective date This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. 1405. Ensuring equitable and efficient operation of polling places (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 314 and 315 as sections 316 and 317, respectively; and (2) by inserting after section 313 the following new section: 314. Ensuring equitable and efficient operation of polling places (a) Preventing unreasonable waiting times for voters (1) In general Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. (4) Guidelines Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. (5) Effective date This subsection shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection, without regard to whether or not the Commission has established and published guidelines under paragraph (4). (b) Limiting variations on number of hours of operation of polling places within a State (1) Limitation (A) In general Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government Paragraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. . (b) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), section 901(c), section 902(c), section 903(b), and section 904(a), is amended— (1) by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and (2) by inserting after the item relating to section 313 the following new item: Sec. 314. Ensuring equitable and efficient operation of polling places. . 1406. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (2) by inserting after section 314 the following new section: 315. Use of secured drop boxes for voted absentee ballots (a) Requiring use of drop boxes In each election jurisdiction in the State, each State shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted absentee ballots in an election for Federal office. (b) Minimum period for availability of drop boxes The period described in this subsection is, with respect to an election, the period which begins 45 days before the date of the election and which ends at the time the polls close for the election in the election jurisdiction involved. (c) Accessibility (1) In general Each State shall ensure that the drop boxes provided under this section are accessible for use— (A) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 (B) by individuals with limited proficiency in the English language. (2) Determination of accessibility for individuals with disabilities For purposes of this subsection, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (3) Rule of construction If a State provides a drop box under this section on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language. (d) Number of drop boxes (1) Formula for determination of number The number of drop boxes provided under this section in an election jurisdiction with respect to an election shall be determined as follows: (A) In the case of an election jurisdiction in which the number of individuals who are residents of the election jurisdiction and who are registered to vote in the election is equal to or greater than 20,000, the number of drop boxes shall be a number equal to or greater than the number of such individuals divided by 20,000 (rounded to the nearest whole number). (B) In the case of any other election jurisdiction, the number of drop boxes shall be equal to or greater than one. (2) Timing For purposes of this subsection, the number of individuals who reside in an election jurisdiction and who are registered to vote in the election shall be determined as of the 90th day before the date of the election. (e) Location of drop boxes The State shall determine the location of drop boxes provided under this section in an election jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; and (5) sufficiently available in all communities in the election jurisdiction, including rural communities and on Tribal lands within the election jurisdiction (subject to subsection (f)). (f) Rules for drop boxes on Tribal lands In making a determination of the number and location of drop boxes provided under this section on Tribal lands in an election jurisdiction, the appropriate State and local election officials shall— (1) consult with Tribal leaders prior to making the determination; and (2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. (g) Timing of scanning and processing of ballots For purposes of section 306(e) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as any other vote cast during early voting. (h) Posting of information On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. (i) Election jurisdiction For purposes of this section, the term election jurisdiction registrar's jurisdiction 52 U.S.C. 20507(j) (j) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), section 901(c), section 902(c), section 903(b), section 904(a), and section 1405(b), is amended— (1) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (2) by inserting after the item relating to section 314 the following new item: Sec. 315. Use of secured drop boxes for voted absentee ballots. . 1407. Prohibiting States from restricting curbside voting (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: 316. Prohibiting States from restricting curbside voting (a) Prohibition A State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. (b) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 131(c), section 201(d), section 202(c), section 203(a)(3), section 204(c), section 801(c), section 901(c), section 902(c), section 903(b), section 904(a), section 1405(b), and section 1406(b), is amended— (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: Sec. 316. Prohibiting States from restricting curbside voting. . B Disaster and Emergency Contingency Plans 1411. Requirements for Federal election contingency plans in response to natural disasters and emergencies (a) In general (1) Establishment Not later than 90 days after the date of the enactment of this Act, each State and each jurisdiction in a State which is responsible for administering elections for Federal office shall establish and make publicly available a contingency plan to enable individuals to vote in elections for Federal office during a state of emergency, public health emergency, or national emergency which has been declared for reasons including— (A) a natural disaster; or (B) an infectious disease. (2) Updating Each State and jurisdiction shall update the contingency plan established under this subsection not less frequently than every 5 years. (b) Requirements relating to safety The contingency plan established under subsection (a) shall include initiatives to provide equipment and resources needed to protect the health and safety of poll workers and voters when voting in person. (c) Requirements relating to recruitment of poll workers The contingency plan established under subsection (a) shall include initiatives by the chief State election official and local election officials to recruit poll workers from resilient or unaffected populations, which may include— (1) employees of other State and local government offices; and (2) in the case in which an infectious disease poses significant increased health risks to elderly individuals, students of secondary schools and institutions of higher education in the State. (d) Enforcement (1) Attorney general The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements of this section. (2) Private right of action (A) In general In the case of a violation of this section, any person who is aggrieved by such violation may provide written notice of the violation to the chief election official of the State involved. (B) Relief If the violation is not corrected within 20 days after receipt of a notice under subparagraph (A), or within 5 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (C) Special rule If the violation occurred within 5 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State involved under subparagraph (A) before bringing a civil action under subparagraph (B). (e) Definitions (1) Election for Federal office For purposes of this section, the term election for Federal office (2) State For purposes of this section, the term State (f) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. C Improvements in Operation of Election Assistance Commission 1421. Reauthorization of Election Assistance Commission Section 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 (1) by striking for each of the fiscal years 2003 through 2005 for fiscal year 2021 and each succeeding fiscal year (2) by striking (but not to exceed $10,000,000 for each such year) 1422. Requiring States to participate in post-general election surveys (a) Requirement Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 303B. Requiring participation in post-general election surveys (a) Requirement Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office. (b) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and any succeeding election. . (b) Clerical amendment The table of contents of such Act, as amended by section 1403(c), is further amended by inserting after the item relating to section 303A the following new item: Sec. 303B. Requiring participation in post-general election surveys. . 1423. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission (a) Requiring reports on use funds as condition of receipt Section 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 (e) Report on use of funds transferred from Commission To the extent that funds are transferred from the Commission to the Director of the National Institute of Standards and Technology for purposes of carrying out this section during any fiscal year, the Director may not use such funds unless the Director certifies at the time of transfer that the Director will submit a report to the Commission not later than 90 days after the end of the fiscal year detailing how the Director used such funds during the year. . (b) Effective date The amendment made by subsection (a) shall apply with respect to fiscal year 2022 and each succeeding fiscal year. 1424. Recommendations to improve operations of Election Assistance Commission (a) Assessment of information technology and cybersecurity Not later than December 31, 2021, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission’s information technology systems, including the cybersecurity of such systems. (b) Improvements to administrative complaint procedures (1) Review of procedures The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 ( 52 U.S.C. 21112 (2) Recommendations to streamline procedures Not later than December 31, 2021, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. 1425. Repeal of exemption of Election Assistance Commission from certain government contracting requirements (a) In general Section 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 (b) Effective date The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. D Miscellaneous Provisions 1431. Application of laws to Commonwealth of Northern Mariana Islands (a) National Voter Registration Act of 1993 Section 3(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20502(4) States and the District of Columbia States, the District of Columbia, and the Commonwealth of the Northern Mariana Islands (b) Help America Vote Act of 2002 (1) Coverage of Commonwealth of the Northern Mariana Islands Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 and the United States Virgin Islands the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands (2) Conforming amendments to Help America Vote Act of 2002 Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands (B) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) or the United States Virgin Islands the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands (3) Conforming amendment relating to consultation of Help America Vote Foundation with local election officials Section 90102(c) of title 36, United States Code, is amended by striking and the United States Virgin Islands the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands 1432. Definition of election for Federal office (a) Definition Title IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 907. Election for Federal office defined For purposes of titles I through III, the term election for Federal office . (b) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: Sec. 907. Election for Federal office defined. . 1433. No effect on other laws (a) In general Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 (2) The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 (4) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 (b) No effect on preclearance or other requirements under Voting Rights Act The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 52 U.S.C. 10304 (c) No effect on authority of States To provide greater opportunities for voting Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. 1434. Clarification of exemption for States without voter registration To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. XV Severability 1501. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. | Voter Empowerment Act of 2021 |
Supreme Court Transparency Act This bill requires online publication of ethics reports, personal finance reports, and other disclosure reports regarding the Justices of the Supreme Court. The bill also requires the Justices of the Supreme Court to file periodic transaction reports regarding the purchase, sale, or exchange of stocks, bonds, commodities futures, and other forms of securities when the amount of the transaction exceeds $1,000. | 117 S956 IS: Supreme Court Transparency Act U.S. Senate 2021-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 956 IN THE SENATE OF THE UNITED STATES March 24, 2021 Mr. Kennedy Committee on the Judiciary A BILL To require adequate reporting of ethics, personal finance, and disclosure reports for justices of the Supreme Court of the United States. 1. Short title This Act may be cited as the Supreme Court Transparency Act 2. Availability of reports relating to justices of the Supreme Court of the United States (a) Public availability of ethics, personal finance, and disclosure forms for the Chief Justice and Associate Justices of the United States (1) In general Not later than 1 year after the date of enactment of this Act, the Administrative Office of the United States Courts shall establish a searchable internet database system on an official website of the United States Government, to enable public access to any ethics, personal finance, or disclosure report required to be made under Federal law by the Chief Justice or an associate justice of the Supreme Court, including any amendment or update to such a report. (2) Availability Any report described in paragraph (1), including any amendment or update to such a report, shall be made publically available on the database established under paragraph (1) not later than 30 days after the date on which the report is filed. (3) Limitation on redaction (A) In general Any document made public in the database established under paragraph (1) may be redacted only— (i) to the extent necessary to protect the individual who filed the report or a family member of that individual; and (ii) during the period during which the danger to such individual or a family member exists. (B) Regulations Not later than 1 year after the date of enactment of this Act, the Judicial Conference of the United States, in consultation with the Department of Justice, shall promulgate regulations setting forth the circumstances under which redaction is appropriate under this subsection and the procedures for redaction. (b) Periodic transaction reports Section 103(l) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (11) The Chief Justice of the United States and the Associate Justices of the Supreme Court. . (c) Severability clause If any provision of this section or an amendment made by this section, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of this section and amendments made by this section, and the application of such provisions and amendments to any other person or circumstance, shall not be affected thereby. | Supreme Court Transparency Act |