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117-s-1314
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II 117th CONGRESS 1st Session S. 1314 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Durbin (for himself, Mr. Wyden , Mrs. Murray , Mr. Brown , Mr. Reed , Mr. Merkley , Mr. Blumenthal , Mr. Markey , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide tax rate parity among all tobacco products, and for other purposes.
1. Short title This Act may be cited as the Tobacco Tax Equity Act of 2021 . 2. Increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates (a) Tax parity for Roll-Your-Own tobacco Section 5701(g) of the Internal Revenue Code of 1986 is amended by striking $24.78 and inserting $49.56 . (b) Tax parity for pipe tobacco Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $49.56 . (c) Tax parity for smokeless tobacco (1) Section 5701(e) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1), by striking $1.51 and inserting $26.84 ; (B) in paragraph (2), by striking 50.33 cents and inserting $10.74 ; and (C) by adding at the end the following: (3) Smokeless tobacco sold in discrete single-use units On discrete single-use units, $100.66 per thousand. . (2) Section 5702(m) of such Code is amended— (A) in paragraph (1), by striking or chewing tobacco and inserting , chewing tobacco, or discrete single-use unit ; (B) in paragraphs (2) and (3), by inserting that is not a discrete single-use unit before the period in each such paragraph; and (C) by adding at the end the following: (4) Discrete single-use unit The term discrete single-use unit means any product containing, made from, or derived from tobacco or nicotine that— (A) is not intended to be smoked; and (B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit. . (d) Tax parity for small cigars Paragraph (1) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking $50.33 and inserting $100.66 . (e) Tax parity for large cigars (1) In general Paragraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking 52.75 percent and all that follows through the period and inserting the following: $49.56 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 10.066 cents per cigar. . (2) Guidance The Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986. (f) Tax parity for Roll-Your-Own tobacco and certain processed tobacco Subsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation after wrappers thereof . (g) Clarifying tax rate for other tobacco products (1) In general Section 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Other tobacco products Any product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary. . (2) Establishing per use basis For purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the later of the date of the enactment of this Act or the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis. (h) Clarifying definition of tobacco products (1) In general Subsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Tobacco products The term tobacco products means— (1) cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and (2) any other product subject to tax pursuant to section 5701(i). . (2) Conforming amendments Subsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco each place it appears and inserting tobacco products . (i) Increasing tax on cigarettes (1) Small cigarettes Section 5701(b)(1) of such Code is amended by striking $50.33 and inserting $100.66 . (2) Large cigarettes Section 5701(b)(2) of such Code is amended by striking $105.69 and inserting $211.38 . (j) Tax rates adjusted for inflation Section 5701 of such Code, as amended by subsection (g), is amended by adding at the end the following new subsection: (j) Inflation adjustment (1) In general In the case of any calendar year beginning after 2021, the dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2020’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01. . (k) Floor Stocks Taxes (1) Imposition of tax On tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on such date for which such person is liable. (3) Liability for tax and method of payment (A) Liability for tax A person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment The tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if— (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the first proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the second proviso of such section 3(a). (5) Definitions For purposes of this subsection— (A) In general Any term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date The term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (j) thereof). (C) Secretary The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (6) Controlled groups Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (l) Effective dates (1) In general Except as provided in paragraphs (2) through (4), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act. (2) Discrete single-use units and processed tobacco The amendments made by subsections (c)(1)(C), (c)(2), and (f) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act. (3) Large cigars The amendments made by subsection (e) shall apply to articles removed after December 31, 2021. (4) Other tobacco products The amendments made by subsection (g)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.
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117-s-1315
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II 117th CONGRESS 1st Session S. 1315 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Cantwell (for herself, Mr. Grassley , Mr. Merkley , Mr. Young , Ms. Baldwin , Mr. Blunt , Ms. Duckworth , Mr. Wicker , Ms. Sinema , Mr. Rubio , Ms. Klobuchar , Ms. Ernst , Ms. Smith , Mrs. Hyde-Smith , Mr. Reed , Mr. Tillis , Mr. Brown , Mr. Sullivan , Mr. Markey , Mr. Daines , Mr. Casey , Mr. Scott of South Carolina , Mrs. Shaheen , Mrs. Capito , Ms. Stabenow , Ms. Murkowski , Mr. Cardin , Mr. Boozman , Mr. Blumenthal , Mr. Rounds , Mr. Schatz , Mr. Inhofe , Mr. Van Hollen , Mr. Hoeven , Mr. Coons , Mr. Scott of Florida , Mr. Menendez , Mr. Lankford , Mr. Bennet , Mrs. Fischer , Ms. Cortez Masto , Mr. Graham , Mrs. Murray , Mr. Carper , Ms. Warren , Mr. Booker , Mr. King , Mr. Durbin , Mr. Whitehouse , Mr. Tester , Mr. Warner , Ms. Rosen , Mr. Padilla , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for coverage of certain lymphedema compression treatment items under the Medicare program.
1. Short title This Act may be cited as the Lymphedema Treatment Act . 2. Medicare coverage of certain lymphedema compression treatment items (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (GG), by striking and after the semicolon at the end; (B) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (II) lymphedema compression treatment items (as defined in subsection (lll)); ; and (2) by adding at the end the following new subsection: (lll) Lymphedema compression treatment items The term lymphedema compression treatment items means— (1) standard and custom fitted gradient compression garments that are— (A) furnished on or after January 1, 2023, to an individual with a diagnosis of lymphedema for the treatment of such condition; (B) primarily and customarily used in the medical treatment of lymphedema, as determined by the Secretary; and (C) prescribed by a physician (or a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to the extent authorized under State law); and (2) other devices determined by the Secretary to be effective in the prevention or treatment of lymphedema. . (b) Effective date The amendments made by subsection (a) shall apply to lymphedema compression treatment items furnished on or after January 1, 2023.
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117-s-1316
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II 117th CONGRESS 1st Session S. 1316 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to make a declaration of a significant incident, and for other purposes.
1. Short title This Act may be cited as the Cyber Response and Recovery Act of 2021 . 2. Declaration of a significant incident (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq.) is amended by adding at the end the following: C Declaration of a significant incident 2231. Definitions For the purposes of this subtitle: (1) Asset response activity The term asset response activity means an activity to support an entity impacted by an incident with the response to, remediation of, or recovery from, the incident, including— (A) furnishing technical and advisory assistance to the entity to protect the assets of the entity, mitigate vulnerabilities, and reduce the related impacts; (B) assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident, including potential cascading effects of the incident on other critical infrastructure sectors or geographic regions; (C) developing courses of action to mitigate the risks assessed under subparagraph (B); (D) facilitating information sharing and operational coordination with entities performing threat response activities; and (E) providing guidance on how best to use Federal resources and capabilities in a timely, effective manner to speed recovery from the incident. (2) Declaration The term declaration means a declaration of the Secretary under section 2232(a)(1). (3) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (4) Federal agency The term Federal agency has the meaning given the term agency in section 3502 of title 44, United States Code. (5) Fund The term Fund means the Cyber Response and Recovery Fund established under section 2233(a). (6) Incident The term incident has the meaning given the term in section 3552 of title 44, United States Code. (7) Renewal The term renewal means a renewal of a declaration under section 2232(d). (8) Significant incident The term significant incident — (A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to— (i) the national security interests, foreign relations, or economy of the United States; or (ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and (B) does not include an incident or a portion of a group of related incidents that occurs on— (i) a national security system (as defined in section 3552 of title 44, United States Code); or (ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code. 2232. Declaration (a) In general (1) Declaration The Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section if the Secretary determines that— (A) a specific significant incident— (i) has occurred; or (ii) is likely to occur imminently; and (B) otherwise available resources, other than the Fund, are likely insufficient to respond effectively to, or to mitigate effectively, the specific significant incident described in subparagraph (A). (2) Prohibition on delegation The Secretary may not delegate the authority provided to the Secretary under paragraph (1). (b) Asset response activities Upon a declaration, the Director shall coordinate— (1) the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and (2) with appropriate entities, which may include— (A) public and private entities and State and local governments with respect to the asset response activities of those entities and governments; and (B) Federal, State, local, and Tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies. (c) Duration Subject to subsection (d), a declaration shall terminate upon the earlier of— (1) a determination by the Secretary that the declaration is no longer necessary; or (2) the expiration of the 120-day period beginning on the date on which the Secretary makes the declaration. (d) Renewal The Secretary, without delegation, may renew a declaration as necessary. (e) Publication Not later than 72 hours after a declaration or a renewal, the Secretary shall publish the declaration or renewal in the Federal Register. (f) Advance actions The Secretary— (1) shall assess the resources available to respond to a potential declaration; and (2) may take actions before and while a declaration is in effect to arrange or procure additional resources for asset response activities or technical assistance the Secretary determines necessary, which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration. 2233. Cyber response and recovery fund (a) In general There is established a Cyber Response and Recovery Fund, which shall be available for— (1) the coordination of activities described in section 2232(b); (2) response and recovery support for the specific significant incident associated with a declaration to Federal, State, local, and Tribal, entities and public and private entities on a reimbursable or non-reimbursable basis, including through asset response activities and technical assistance, such as— (A) vulnerability assessments and mitigation; (B) technical incident mitigation; (C) malware analysis; (D) analytic support; (E) threat detection and hunting; and (F) network protections; (3) as the Director determines appropriate, grants for, or cooperative agreements with, Federal, State, local, and Tribal public and private entities to respond to, and recover from, the specific significant incident associated with a declaration, such as— (A) hardware or software to replace, update, improve, harden, or enhance the functionality of existing hardware, software, or systems; and (B) technical contract personnel support; and (4) advance actions taken by the Secretary under section 2232(f)(2). (b) Deposits Money shall be deposited into the Fund from— (1) appropriations to the Fund for activities of the Fund; (2) reimbursement from Federal agencies for the activities described in paragraphs (1), (2), and (4) of subsection (a); and (3) any other income incident to activities of the Fund. (c) Supplement not supplant Amounts in the Fund shall be used to supplement, not supplant, other Federal, State, local, or Tribal funding for activities in response to a declaration. 2234. Notification and reporting (a) Notification Upon a declaration or renewal, the Secretary shall immediately notify the National Cyber Director and appropriate congressional committees and include in the notification— (1) an estimation of the planned duration of the declaration; (2) with respect to a notification of a declaration, the reason for the declaration, including information relating to the specific significant incident or imminent specific significant incident, including— (A) the operational or mission impact or anticipated impact of the specific significant incident on Federal and non-Federal entities; (B) if known, the perpetrator of the specific significant incident; and (C) the scope of the Federal and non-Federal entities impacted or anticipated to be impacted by the specific significant incident; (3) with respect to a notification of a renewal, the reason for the renewal; (4) justification as to why available resources, other than the Fund, are insufficient to respond to or mitigate the specific significant incident; and (5) a description of the coordination activities described in section 2232(b) that the Secretary anticipates the Director to perform. (b) Report to Congress Not later than 180 days after the date of a declaration or renewal, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the reason for the declaration or renewal, including information and intelligence relating to the specific significant incident that led to the declaration or renewal; (2) the use of any funds from the Fund for the purpose of responding to the incidents or threat described in paragraph (1); (3) a description of the actions, initiatives, and projects undertaken by the Department and State and local governments and public and private entities in responding to and recovering from the specific significant incident described in paragraph (1); (4) an accounting of the specific obligations and outlays of the Fund; and (5) an analysis of— (A) the impact of the specific significant incident described in paragraph (1) on Federal and non-Federal entities; (B) the impact of the declaration or renewal on the response to, and recovery from, the specific significant incident described in paragraph (1); and (C) the impact of the funds made available from the Fund as a result of the declaration or renewal on the recovery from, and response to, the specific significant incident described in paragraph (1). (c) Classification Each notification made under subsection (a) and each report submitted under subsection (b)— (1) shall be in an unclassified form; and (2) may include a classified annex. (d) Consolidated report The Secretary shall not be required to submit multiple reports under subsection (b) for multiple declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific significant incident. (e) Exemption The requirements of subchapter I of chapter 35 of title 44 (commonly known as the Paperwork Reduction Act ) shall not apply to the voluntary collection of information by the Department during an investigation of, a response to, or an immediate post-response review of, the specific significant incident leading to a declaration or renewal. 2235. Rule of construction Nothing in this subtitle shall be construed to impair or limit the ability of the Director to carry out the authorized activities of the Cybersecurity and Infrastructure Security Agency. 2236. Authorization of appropriations There are authorized to be appropriated to the Fund $20,000,000 for fiscal year 2022, which shall remain available to be expended until September 30, 2028. 2237. Sunset The authorities granted to the Secretary or the Director under this subtitle shall expire on the date that is 7 years after the date of enactment of the Cyber Response and Recovery Act of 2021 . . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by adding at the end the following: Subtitle C—Declaration of a significant incident Sec. 2231. Definitions. Sec. 2232. Declaration. Sec. 2233. Cyber response and recovery fund. Sec. 2234. Notification and reporting. Sec. 2235. Rule of construction. Sec. 2236. Authorization of appropriations. Sec. 2237. Sunset. .
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https://www.govinfo.gov/content/pkg/BILLS-117s1316is/xml/BILLS-117s1316is.xml
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117-s-1317
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II 117th CONGRESS 1st Session S. 1317 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Sunset Crater Volcano National Monument in the State of Arizona, and for other purposes.
1. Short title This Act may be cited as the Sunset Crater Volcano National Monument Boundary Adjustment Act . 2. Definitions In this Act: (1) Federal land The term Federal land means the approximately 97.71 acres of Forest Service land identified as Proposed transfer from USDA Forest Service to National Park Service on the Map. (2) Map The term Map means the map entitled Sunset Crater Volcano National Monument Draft Proposed Boundary Adjustment , numbered 039/80,053d, and dated January 2021. (3) Monument The term Monument means the Sunset Crater Volcano National Monument established by Presidential Proclamation 1911 ( 54 U.S.C. 320301 note; 46 Stat. 3023) and redesignated by section 15 of the Smith River National Recreation Area Act ( Public Law 101–612 ; 104 Stat. 3222). (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. 3. Sunset Crater Volcano National Monument boundary modification (a) Transfer of administrative jurisdiction to national park service Administrative jurisdiction over the Federal land is transferred from the Forest Service to the National Park Service. (b) Map availability The Map shall be on file and available for inspection in the appropriate offices of the National Park Service. (c) Boundary modification The boundary of the Monument is modified to include the Federal land. (d) Administration Subject to valid existing rights, the Secretary shall administer the Federal land added to the Monument under subsection (a)— (1) as part of the Monument; and (2) in accordance with applicable laws (including regulations).
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https://www.govinfo.gov/content/pkg/BILLS-117s1317is/xml/BILLS-117s1317is.xml
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117-s-1318
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II 117th CONGRESS 1st Session S. 1318 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Yuma Crossing National Heritage Area.
1. Short title This Act may be cited as the Yuma Crossing National Heritage Area Reauthorization Act . 2. Reauthorization of the Yuma Crossing National Heritage Area Section 7 of the Yuma Crossing National Heritage Area Act of 2000 ( 54 U.S.C. 320101 note; Public Law 106–319 ; 114 Stat. 1284; 128 Stat. 3802) is amended by striking 2021 and inserting 2036 .
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https://www.govinfo.gov/content/pkg/BILLS-117s1318is/xml/BILLS-117s1318is.xml
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117-s-1319
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II 117th CONGRESS 1st Session S. 1319 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Kelly (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to make certain information publicly available on one internet website of the Department of Veterans Affairs.
1. Short title This Act may be cited as the VA Quality Health Care Accountability and Transparency Act . 2. Improved transparency by Department of Veterans Affairs (a) Publication of staffing and quality of care data Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall make publicly available on the Access to Care internet website of the Department of Veterans Affairs (or a successor website) the information under subsection (b). (b) Information included (1) In general The information published on the internet website under subsection (a) shall include— (A) any numeric indicators relating to timely care, effective care, safety, and veteran-centered care that the Secretary collects at medical facilities of the Department pursuant to section 1703C of title 38, United States Code; (B) the staffing and vacancy information required by subparagraphs (A) through (D) of section 505(a)(1) of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 301 note); (C) the patient wait times information required by subsection (a) of section 206 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 128 Stat. 1780); and (D) the patient safety, quality of care, and outcome measures required by subsection (b) of such section. (2) Updates The Secretary shall regularly update the internet website under subsection (a) to ensure that the information under paragraph (1) is the most current information required by the provisions of law specified in such paragraph. (c) Requirements of internet website In addition to the requirements of section 206(b)(4) of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 128 Stat. 1781), the Secretary shall ensure that the internet website under subsection (a) meets the following requirements: (1) The internet website is directly accessible from— (A) the main homepage of the publicly accessible internet website of the Department; and (B) the main homepage of the publicly accessible internet website of each medical center of the Department. (2) Where practicable, the internet website is organized and searchable by each medical center of the Department. (3) The internet website is easily understandable and usable by the general public. (d) Consultation and contract authority In carrying out subsection (c)(3), the Secretary— (1) shall consult with veterans service organizations; and (2) may enter into a contract to design the internet website under subsection (a) with a company, non-profit entity, or other entity specializing in website design that has substantial experience in presenting health care data and information in a easily understandable and usable manner to patients and consumers. (e) Accuracy of data (1) Annual process Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and implement an annual process to audit a generalizable subset of the data contained in the internet website under subsection (a) to assess the accuracy and completeness of the data. (2) Criteria The Secretary shall ensure that each audit under paragraph (1)— (A) determines the extent that the medical record information, clinical information, data, and documentation provided by each medical facility of the Department that is used to calculate the information under subsection (b) is accurate and complete; (B) identifies any deficiencies in the recording of medical record information, clinical information, or data by medical facilities of the Department that affects the accuracy and completeness of the information under subsection (b); and (C) provides recommendations to medical facilities of the Department on how to— (i) improve the accuracy and completeness of the medical record information, clinical information, data, and documentation that is used to calculate the information under subsection (b); and (ii) ensure that each medical facility of the Department provides such information in a uniform manner. (3) Annual reports Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the findings of each audit under paragraph (1).
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117-s-1320
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II 117th CONGRESS 1st Session S. 1320 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Chiricahua National Park in the State of Arizona as a unit of the National Park System, and for other purposes.
1. Short title This Act may be cited as the Chiricahua National Park Act . 2. Definitions In this Act: (1) Monument The term Monument means the Chiricahua National Monument established by Presidential Proclamation 1692 ( 54 U.S.C. 320301 note; 43 Stat. 1946). (2) Park The term Park means the Chiricahua National Park established by section 3(a). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Arizona. 3. Establishment of Chiricahua National Park (a) Establishment To protect, preserve, and interpret the rhyolitic rock formations, biodiversity, and other natural and cultural resources of the area, there is established in the State as a unit of the National Park System the Chiricahua National Park. (b) Boundaries (1) In general The boundaries of the Park are as generally depicted on the map entitled Chiricahua National Park Proposed Boundary , numbered 145/156,356, and dated March 2021. (2) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Abolishment of chiricahua national monument (1) Abolishment The Monument is abolished. (2) Incorporation The land and any interest in land that constitute the Monument (as in existence on the day before the date of enactment of this Act) are incorporated in, and shall be considered to be part of, the Park. (3) Availability of funds Any funds available for the Monument shall be available for the Park. (d) References (1) In general Any reference in a law, map, regulation, document, paper, or other record of the United States to the Chiricahua National Monument shall be considered to be a reference to the Chiricahua National Park . (2) Wilderness Any reference in a law, map, regulation, document, paper, or other record of the United States to the Chiricahua National Monument Wilderness designated by Public Law 94–567 ( 16 U.S.C. 1132 note; 90 Stat. 2692) shall be considered to be a reference to the Chiricahua National Park Wilderness . (e) Administration The Secretary shall administer the Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System.
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https://www.govinfo.gov/content/pkg/BILLS-117s1320is/xml/BILLS-117s1320is.xml
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117-s-1321
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II 117th CONGRESS 1st Session S. 1321 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Casa Grande Ruins National Monument, and for other purposes.
1. Short title This Act may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2021 . 2. Findings Congress finds that— (1) Casa Grande Ruin Reservation was— (A) set aside on March 2, 1889; (B) proclaimed as the first archaeological preserve in the United States on June 22, 1892; and (C) redesignated as the Casa Grande Ruins National Monument on August 3, 1918; (2) the Casa Grande Ruins National Monument protects 1 of the finest architectural examples of 14th century Hohokam culture in the Southwest, which was known to early Spanish explorers as the Great House ; (3) Casa Grande is only part of the story of an ancient town that may have covered 2 square miles; and (4) recent surveys and research have determined that the area of the Great House and the village surrounding the Great House extends beyond the existing boundary of the Casa Grande Ruins National Monument. 3. Definitions In this Act: (1) BIA land The term BIA land means the approximately 7.41 acres of Federal land administered by the Bureau of Indian Affairs, as generally depicted on the map as BIA land to NPS . (2) BLM land parcel A The term BLM land parcel A means the approximately 3.8 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the map as BLM land parcel A to NPS . (3) BLM land parcel b The term BLM land parcel B means the approximately 3.7 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the map as BLM land parcel B to BIA . (4) Map The term map means the map entitled Casa Grande Ruins National Monument Proposed Boundary Adjustment , numbered 303/120,734B, and dated February 2021. (5) Monument The term Monument means the Casa Grande Ruins National Monument in the State. (6) NPS land The term NPS land means the approximately 3.5 acres of Federal land administered by the National Park Service, as generally depicted on the map as NPS land to BIA . (7) Secretary The term Secretary means the Secretary of the Interior. (8) State The term State means the State of Arizona. 4. Acquisition and transfer of administrative jurisdiction over certain land (a) Acquisition of land The Secretary may acquire by donation, exchange, or purchase with donated or appropriated funds, from willing sellers only, land or an interest in land generally depicted on the map as State land of Arizona or Private land , to be administered as part of the Monument. (b) Transfer of administrative jurisdiction (1) Withdrawal The BIA land, BLM land parcel A, and BLM land parcel B are withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and mineral materials laws. (2) Transfer of administrative jurisdiction (A) BLM land parcel a Administrative jurisdiction over BLM land parcel A is transferred from the Bureau of Land Management to the National Park Service. (B) BLM land parcel b Administrative jurisdiction over BLM land parcel B is transferred from the Bureau of Land Management to the Bureau of Indian Affairs. (C) BIA land Administrative jurisdiction over the BIA land is transferred from the Bureau of Indian Affairs to the National Park Service. (D) NPS land Administrative jurisdiction over the NPS land is transferred from the National Park Service to the Bureau of Indian Affairs. (c) Administration; boundary modification On the acquisition of land or an interest in land under subsection (a), and with respect to any land transferred by subsection (b), the Secretary shall— (1) administer the land or interest in land acquired under subsection (a) or the land transferred to the administrative jurisdiction of the National Park Service under subparagraph (A) or (C) of subsection (b)(2), as applicable, as part of the Monument, in accordance with the laws generally applicable to units of the National Park System, including applicable provisions of division A of subtitle I of title 54, United States Code; and (2) modify the boundary of the Monument to reflect, as applicable— (A) the acquisition of land or interest in land under subsection (a); and (B) the transfer of administrative jurisdiction under subsection (b). (d) Availability of map The map shall be on file and available for inspection in the appropriate offices of the National Park Service. (e) Compensation Except in a case in which land or an interest in land is acquired by donation under subsection (a), as consideration for the acquisition of land or an interest in land under that subsection, the Secretary shall— (1) pay fair market value for the land or interest in land; or (2) convey to the State or private landowner, as applicable, Federal land or an interest in Federal land of equal value located in the State. 5. Administration of State land The Secretary may enter into an agreement with the State to provide for the cooperative management by the Secretary and the State of the approximately 200 acres of State land, as generally depicted on the map as State land of Arizona .
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https://www.govinfo.gov/content/pkg/BILLS-117s1321is/xml/BILLS-117s1321is.xml
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117-s-1322
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II 117th CONGRESS 1st Session S. 1322 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Financing Energy Efficient Manufacturing Program at the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing facilities, and for other purposes.
1. Short title This Act may be cited as the Job Creation through Energy Efficient Manufacturing Act . 2. Definitions In this Act: (1) Energy management plan The term energy management plan means a plan established under section 3(c)(5). (2) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Program The term program means the Financing Energy Efficient Manufacturing Program established under section 3(a). (4) Program manager The term program manager means a qualified entity that receives a grant under section 3(a). (5) Project The term project means an energy efficiency improvement project carried out by a small- or medium-sized manufacturer using grant funds distributed by a project manager. (6) Qualified entity The term qualified entity means— (A) a State energy office; (B) an Indian tribe; (C) a nonprofit organization that— (i) is focused on providing energy efficiency or renewable energy services; and (ii) receives funding from a State, Indian tribe, or utility; (D) an electric cooperative group; and (E) an entity with a public-private partnership under the Hollings Manufacturing Extension Partnership established under section 25(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(b) ). (7) Secretary The term Secretary means the Secretary of Energy. (8) Small- or medium-sized manufacturer The term small- or medium-sized manufacturer means a manufacturing establishment— (A) classified in Sector 31, 32, or 33 in the North American Industry Classification System; and (B) that employs not more than 750 employees. 3. Financing Energy Efficient Manufacturing Program (a) Establishment The Secretary shall establish a program, to be known as the Financing Energy Efficient Manufacturing Program to provide grants to qualified entities to fund energy efficiency improvement projects in the manufacturing sector. (b) Grant applications; selection of grant recipients (1) Grant applications (A) In general Not later than 180 days after the date of enactment of this Act, qualified entities desiring a grant under subsection (a) shall submit to the Secretary an application in such manner and containing such information as the Secretary may require, including a description of— (i) how the qualified entity will work with small- and medium-sized manufacturers to assess the most promising opportunities for energy efficiency improvements; (ii) how the qualified entity will work with small- and medium-sized manufacturers and, if appropriate, licensed engineers to establish an energy management plan for the small- or medium-sized manufacturer to carry out a project; (iii) the methods and cost-sharing plans the qualified entity will use to distribute funds to small- and medium-sized manufacturers to subsidize the costs of carrying out a project; (iv) the standards by which the qualified entity will set energy efficiency goals for a project that will result in meaningful reductions in electricity or natural gas use by the small- or medium-sized manufacturer carrying out the project; (v) how the qualified entity will provide support to the small- or medium-sized manufacturer carrying out a project during the implementation of the energy management plan; (vi) (I) any history of the qualified entity of working collaboratively with the regional technical assistance programs of the Department of Energy; and (II) how the qualified entity plans to involve the regional technical assistance programs in the activities to be funded by a grant; and (vii) how the qualified entity will collect measurements throughout the implementation of the energy management plan— (I) to demonstrate how energy efficiency improvements are being achieved; and (II) to maximize opportunities for project success. (B) Partnerships Two or more qualified entities may form a partnership to apply, and act as program manager, for a grant under this subsection. (2) Selection of grant recipients (A) In general Not later than 90 days after the date on which the Secretary receives an application under paragraph (1), the Secretary shall— (i) review the application; (ii) provide the applicant with an opportunity to respond to any questions of the Secretary regarding the application; and (iii) select or deny the applicant based on the criteria described in subparagraph (B). (B) Selection criteria (i) In general The Secretary shall select for grants under this subsection qualified entities that demonstrate a history of successfully implementing energy efficiency improvement programs for small- and medium-sized manufacturers. (ii) Priority In making selections under clause (i), the Secretary shall give priority to qualified entities that demonstrate— (I) effective methods for reducing barriers to entry that might otherwise prevent small- and medium-sized manufacturers from participating in the subgrant program under subsection (c); (II) flexibility in addressing the needs of different small- and medium-sized manufacturers; and (III) a commitment to hiring for projects contractors that comply with the labor requirements described in subsection (d)(2). (c) Subgrants for energy efficiency improvements (1) In general A qualified entity (including a partnership of 1 or more qualified entities under subsection (b)(1)(B)) that receives a grant under subsection (a) shall act as a program manager to distribute subgrants to small- and medium-sized manufacturers located in the State in which the program manager is located to carry out projects— (A) to improve the energy efficiency of the small- or medium-sized manufacturer; and (B) to develop technologies to reduce electricity or natural gas use by the small- or medium-sized manufacturer. (2) Applications A small- or medium-sized manufacturer desiring a subgrant under paragraph (1) shall submit to the program manager an application at such time, in such manner, and containing such information as the program manager may require, including a proposal describing the project to be carried out using the subgrant funds. (3) Priority In selecting small- or medium-sized manufacturers for subgrants under this subsection, the program manager shall give priority to small- or medium-sized manufacturers that commit to hiring for projects contractors that comply with the labor requirements described in subsection (d)(2). (4) Eligibility requirements To be eligible to receive a subgrant under paragraph (1), a small- or medium-sized manufacturer shall be a private, nongovernmental entity. (5) Energy management plans Each small- or medium-sized manufacturer receiving a subgrant under paragraph (1), in consultation with the program manager and, if appropriate, 1 or more licensed engineers, shall establish an energy management plan for the small- or medium-sized manufacturer to carry out the project. (6) Effect on title to property The receipt of Federal funds under this subsection shall not prohibit an entity that purchased equipment or other property using those funds from owning sole, permanent title to the equipment or other property. (d) Contractors (1) In general Program managers and small- or medium-sized manufacturers may hire, if necessary, contractors to perform work relating to the installation, repair, or maintenance of equipment used under a project. (2) Labor requirements In an application for a grant or subgrant under this section, a program manager or a small- or medium-sized manufacturer, respectively, may commit to hiring contractors that represent to the best of the knowledge and belief of the contractor, whether, during the 3-year period preceding the date of application, any administrative merits determination, arbitral award or decision, or civil judgment (as defined in guidance issued by the Secretary of Labor) was rendered against the contractor for violations of— (A) the National Labor Relations Act ( 29 U.S.C. 151 et seq.); (B) the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); (C) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.); (D) the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.); (E) the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.); (F) the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq.); (G) subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); (H) chapter 67 of title 41, United States Code; (I) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); (J) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (K) Executive Order 11246 ( 42 U.S.C. 2000e note) (relating to equal employment opportunity); (L) Executive Order 13658 (79 Fed. Reg. 9851 (February 20, 2014)) (relating to establishing a minimum wage for contractors); or (M) equivalent State laws. (3) Additional labor requirements A program manager or small- or medium-sized manufacturer receiving a grant or subgrant, respectively, under this section that has committed to complying with the labor requirements described in paragraph (2)— (A) shall provide each contractor an opportunity to disclose any steps taken to correct a violation of, or improve compliance with, a law or Executive order described in any of subparagraphs (A) through (M) of paragraph (2), including any agreements entered into with an enforcement agency; (B) shall give preference to contractors that have the fewest number of violations (particularly serious, repeated, willful, or pervasive violations) of the laws and Executive orders described in subparagraphs (A) through (M) of paragraph (2); and (C) shall not hire contractors that fail to take steps to correct violations of, or improve compliance with, a law or Executive order described in any of subparagraphs (A) through (M) of paragraph (2). (e) American iron, steel, and manufactured products (1) Definitions In this subsection: (A) Iron or steel manufactured product The term iron or steel manufactured product includes any construction material or end product (as those terms are defined in subpart 25.003 of the Federal Acquisition Regulation) that does not otherwise qualify as an iron or steel product, including— (i) an electrical component; (ii) a non-ferrous building material, including— (I) aluminum and polyvinylchloride; (II) glass; (III) fiber optics; (IV) plastic; (V) wood; (VI) masonry; (VII) rubber; (VIII) manufactured stone; and (IX) any other non-ferrous building materials; and (iii) any unmanufactured construction material. (B) Produced in the United States (i) In general The term produced in the United States — (I) with respect to an iron or steel product or an iron or steel manufactured product, means that all manufacturing processes for, and materials and components of, the iron or steel product or iron or steel manufactured product, from the initial melting stage through the application of coatings, occurred in the United States; and (II) with respect to an iron or steel manufactured product, means that— (aa) the iron or steel manufactured product was manufactured in the United States; and (bb) the cost of the components of the iron or steel manufactured product that were mined, produced, or manufactured in the United States is greater than 60 percent of the total cost of the components of the iron or steel manufactured product. (ii) Exclusions The term produced in the United States , with respect to an iron or steel product or an iron or steel manufactured product, does not include an iron or steel product or an iron or steel manufactured product that was manufactured— (I) abroad from semi-finished steel or iron from the United States; or (II) in the United States from semi-finished steel or iron of foreign origin. (2) Requirement Funds made available under the program may not be used for a project unless all of the iron and steel products and iron and steel manufactured products used in the project are produced in the United States. (3) Waiver (A) In general On request of the recipient of a grant under the program, the Secretary may grant for the project of the recipient of the grant a waiver of the requirement described in paragraph (2) if the Secretary finds that— (i) the application of paragraph (2) would be inconsistent with the public interest; (ii) iron or steel products or iron or steel manufactured products are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) of a satisfactory quality; or (iii) the inclusion of iron or steel products or iron or steel manufactured products produced in the United States would increase the cost of the overall project by greater than 25 percent. (B) Public notice On receipt of a request for a waiver under subparagraph (A), the Secretary shall— (i) make available to the public, including by electronic means, including on the official public website of the Department of Energy, on an informal basis, a copy of the request and all information available to the Secretary relating to the request; and (ii) provide for informal public input on the request for a period of not fewer than 15 days before making with respect to the request the finding described in subparagraph (A). (f) Reporting requirements (1) In general Each program manager shall— (A) determine what data shall be required— (i) to be collected by or from each small- or medium-sized manufacturer receiving a subgrant under subsection (c); and (ii) to be submitted to the program manager to permit analysis of the subgrant program under subsection (c); and (B) develop metrics to determine the success of the subgrant program under subsection (c). (2) Provision of data As a condition of receiving a subgrant under subsection (c), a small- or medium-sized manufacturer shall provide to the program manager relevant data, as determined by the program manager under paragraph (1)(A). (3) Proprietary information In carrying out this subsection, each program manager, as appropriate, shall provide for the protection of proprietary information and intellectual property rights. (g) Funding (1) In general Out of amounts made available to the Secretary and not otherwise obligated, the Secretary shall use to carry out this section not more than $600,000,000. (2) Requirements for program managers A program manager shall use not greater than 7 percent of the grant funds received by the program manager, at the discretion of the program manager— (A) to hire and train staff to assist the program manager in administering the subgrant program of the program manager; and (B) to market the subgrant program to small- and medium-sized manufacturers. (3) Management and oversight The Secretary may use not greater than 0.25 percent of the funds made available under paragraph (1) to carry out subsection (e).
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https://www.govinfo.gov/content/pkg/BILLS-117s1322is/xml/BILLS-117s1322is.xml
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117-s-1323
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II 117th CONGRESS 1st Session S. 1323 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to establish reference prices for prescription drugs for purposes of Federal health programs, and for other purposes.
1. Short title This Act may be cited as the End Price Gouging for Medications Act . 2. Reference prices for prescription drugs (a) Reference prices The Secretary of Health and Human Services (referred to in this section as the Secretary ), in accordance with subsection (b), shall establish annual reference prices for each prescription drug. Notwithstanding any other provision of law, with respect to enrollees or beneficiaries in any of the Federal health programs described in subsection (c), the retail list price for a drug shall not exceed the reference price for such drug. (b) Criteria (1) In general Each year, the Secretary shall establish the reference price for each prescription drug under subsection (a)— (A) by determining the median retail list price for the drug among the reference countries in which the drug is available, if drug pricing information is available for at least 3 of such countries; or (B) in the case of a drug for which drug pricing information or dosage equivalents are not available for at least 3 of the reference countries, by determining an appropriate price based on the Secretary's determination of— (i) the added therapeutic effect of the drug; (ii) the value of the drug; (iii) patient access to the drug; (iv) the costs associated with researching and developing the drug; and (v) other factors, as the Secretary determines appropriate. (2) Reference countries For purposes of paragraph (1), the reference countries are Japan, Germany, the United Kingdom, France, Italy, Canada, Australia, Spain, the Netherlands, Switzerland, and Sweden. (c) Federal health programs The reference prices established under subsection (a) shall apply with respect to covered inpatient and outpatient drugs under— (1) the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.); (2) a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); (3) the State Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq.); (4) the TRICARE program under chapter 55 of title 10, United States Code; (5) hospital care and medical services furnished by the Department of Veterans Affairs under chapters 17 and 18 of title 38, United States Code; (6) the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code; and (7) any health program, service, function, activity, or facility funded, in whole or part, under the Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq.), including through direct or contract care provided under such Act or through a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 et seq.). (d) Applicability to other purchasers of drugs Notwithstanding any other provision of law, a drug manufacturer shall offer prescription drugs at the reference price to all individuals, including individuals who are not insured and individuals who are covered under a group health plan or group or individual health insurance coverage. In the case of individuals covered by a group health plan or group or individual health insurance coverage, such requirement is met if the amount covered under such plan or coverage plus the cost-sharing amount does not exceed the reference price. (e) Enforcement (1) Civil penalty A drug manufacturer who does not comply with the requirements of subsection (a) shall be subject to a civil penalty, for each year in which the violation occurs and with respect to each drug for which the violation occurs, in an amount equal to 5 times the difference between— (A) the total amount received by the manufacturer for sales of the drug under the Federal health programs under subsection (c) for the year; less (B) the total amount the manufacturer would have received for sales of the drug under such programs for the year if the manufacturer had complied with subsection (a). (2) Amounts collected Each year, the Secretary of the Treasury shall transfer to the Director of the National Institutes of Health an amount equal to the amount collected in civil penalties under subsection (e) for the previous year. The Director of the National Institutes of Health shall use amounts so transferred for purposes of conducting drug research and development. (f) Applicability to brand and generic drugs The reference price established under subsection (a) shall apply to drugs approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ).
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https://www.govinfo.gov/content/pkg/BILLS-117s1323is/xml/BILLS-117s1323is.xml
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117-s-1324
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II 117th CONGRESS 1st Session S. 1324 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Rosen (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a Civilian Cyber Security Reserve as a pilot project to address the cyber security needs of the United States with respect to national security, and for other purposes.
1. Short title This Act may be cited as the Civilian Cyber Security Reserve Act . 2. Civilian Cyber Security Reserve pilot project (a) Definitions In this section: (1) Appropriate agency head The term appropriate agency head means— (A) in the case of the Department of Homeland Security, the Secretary of Homeland Security; and (B) in the case of the Department of Defense, the Secretary of Defense. (2) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (3) Covered agency The term covered agency means the Department of Homeland Security or the Department of Defense. (4) Excepted service The term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (5) Temporary The term temporary means a period of not more than 6 months. (6) Uniformed services The term uniformed services has the meaning given the term in section 2101 of title 5, United States Code. (b) Pilot project (1) In general Each appropriate agency head may carry out a pilot project to establish a Civilian Cyber Security Reserve at the covered agency to address the cyber security needs of the United States with respect to national security. (2) Appointments Under a pilot project authorized under paragraph (1), the appropriate agency head may noncompetitively appoint members of the Civilian Cyber Security Reserve to temporary positions in the competitive or excepted service. (3) Status as employees An individual appointed under paragraph (2) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. (4) Additional employees Individuals appointed under paragraph (2) shall be in addition to any employees of the covered agency who provide cyber security services. (5) Employment protections The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under paragraph (2), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. (c) Eligibility; application and selection (1) In general Under a pilot project authorized under subsection (b), the appropriate agency head shall establish criteria for— (A) individuals to be eligible for the Civilian Cyber Security Reserve in the covered agency; and (B) the application and selection processes for the Reserve. (2) Requirements for individuals The criteria established under paragraph (1)(A) with respect to an individual shall include— (A) previous employment by the Federal Government or within the uniformed services; and (B) cyber security expertise. (3) Agreement required An individual may become a member of the Civilian Cyber Security Reserve only if the individual enters into an agreement with the appropriate agency head to become such a member, which shall set forth the rights and obligations of the individual and the covered agency. (4) Exception for continuing military service commitments A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cyber Security Reserve. (d) Components of the Civilian Cyber Security Reserve The appropriate agency head may consider, in carrying out a pilot project authorized under subsection (b), developing different components of the Civilian Cyber Security Reserve in the covered agency, one with an obligation to respond when called into activation at the direction of the appropriate agency head and one that is not compelled to so respond, with appropriate corresponding differing benefits for each such component. (e) Security clearances (1) In general The appropriate agency head shall ensure that all members of the Civilian Cyber Security Reserve in the covered agency undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information) and Executive Order 13467 ( 50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information). (2) Cost of maintaining clearances The original sponsor of a security clearance of a member of a Civilian Cyber Security Reserve at a covered agency shall be responsible for the cost of maintaining that security clearance. (f) Project guidance (1) In general Not later than 180 days after the date of enactment of this Act, each appropriate agency head may issue guidance establishing and implementing a pilot project authorized under subsection (b) at the covered agency. (2) Penalties (A) In general In developing guidance under paragraph (1), an appropriate agency head may provide for penalties for individuals who do not respond to activation when called, such as recoupment of pay or benefits earned as a member of the Civilian Cyber Security Reserve or recoupment of civilian service creditable under section 8411 of title 5, United States Code. (B) Procedures In the case of a proposed penalty or action under this paragraph, the individual shall be entitled to the applicable procedures set forth in title 5, Code of Federal Regulations, or as otherwise specified in applicable guidance. (g) Evaluation Not later than 5 years after the pilot project authorized under subsection (b) is established in each covered agency, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project at the covered agency; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified, extended in duration, or established as a permanent program. (h) Report Not later than 5 years after the pilot project authorized under subsection (b) is established in a covered agency, the appropriate agency head shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate and the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives a report— (1) on the activities carried out under the pilot project; and (2) that includes a recommendation with respect to whether the pilot project should be modified, extended in duration, or established as a permanent program. (i) Sunset A pilot project authorized under this section shall terminate on the date that is 6 years after the date on which the pilot project is established. (j) Authorization of appropriations There are authorized to be appropriated to each appropriate agency head such sums as may be necessary to carry out this section.
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https://www.govinfo.gov/content/pkg/BILLS-117s1324is/xml/BILLS-117s1324is.xml
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117-s-1325
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II 117th CONGRESS 1st Session S. 1325 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mrs. Blackburn (for herself, Mr. Daines , Mr. Braun , Mrs. Hyde-Smith , Ms. Ernst , Mr. Cassidy , Mr. Cramer , Mr. Scott of Florida , Mr. Rounds , Mr. Lankford , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that women seeking an abortion are informed of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child, before giving their informed consent to receive an abortion.
1. Short title This Act may be cited as the Woman’s Right To Know Act . 2. Requirement of informed consent (a) In general (1) Requirement of compliance by providers Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section. (2) Review of medical risks and unborn health status An abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subsection. (3) Informed consent authorization form (A) In general The Informed Consent Authorization form required under this subsection shall— (i) be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and (ii) consist of— (I) a statement by the abortion provider indicating— (aa) the probable gestational age, in completed days, of the child; (bb) all medical risks associated with the specific abortion procedure; and (cc) the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, appendages, and facial features; (II) a statement that the requirements of this subsection are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (III) an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form. (B) Signatories required The Informed Consent Authorization form required under this subsection shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness. (C) Retention of consent form The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file. (D) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to the Informed Consent Authorization form required to be placed in a patient's medical file pursuant to subparagraph (C) in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (4) Exceptions The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph (2) would pose a greater risk of— (A) the death of the pregnant woman; or (B) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (b) Penalty for failure To comply (1) Civil penalty (A) Enforcement by Attorney General The Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any abortion provider who knowingly commits a violation of subsection (a). (B) Penalty In a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection. (C) Notification Upon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women A pregnant woman shall not be subject to any penalty under this section. (2) Private right of action (A) In general A woman or a parent of a minor upon whom an abortion has been performed in violation of subsection (a) may commence a civil action against the abortion provider for appropriate relief. (B) Appropriate relief Appropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph. (D) Attorney's fees for defendant If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (E) Awards against woman In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under subparagraph (D), may be assessed against the woman upon whom the abortion was performed or attempted. (c) Preemption Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. (d) Rule of construction Nothing in this Act shall be construed to prohibit an abortion provider from presenting the information required under subsection (a) to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least 24 hours before the abortion. (e) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability to produce a live birth and preserve the life and health of the child born alive; or (ii) to remove a dead unborn child. (2) Abortion provider The term abortion provider means a person— (A) licensed to practice medicine and surgery or osteopathic medicine and surgery; or (B) otherwise legally authorized to perform an abortion. (3) Attempt The term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (4) Minor The term minor means an individual who has not attained the age of 18 years. (5) Perform The term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Reasonable medical judgment The term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. (8) Woman The term woman means a female human being whether or not she has reached the age of majority.
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117-s-1326
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II 117th CONGRESS 1st Session S. 1326 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Inhofe (for himself, Mr. Tillis , Mrs. Hyde-Smith , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To prohibit the Administrator of the Environmental Protection Agency from issuing greenhouse gas emissions rules or regulations until China, India, and Russia adhere to the same emissions reduction targets as the United States under the Paris Agreement, and for other purposes.
1. Short title This Act may be cited as the Domestic Manufacturing Protection Act of 2021 . 2. Prohibition on greenhouse gas emission rules (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered rule or regulation The term covered rule or regulation means a rule or regulation of the Administrator that regulates greenhouse gas emissions. (3) Paris Agreement The term Paris Agreement means the decision by the 21st Conference of Parties of the United Nations Framework Convention on Climate Change in Paris, France, adopted December 12, 2015 (or a successive, substantially similar agreement). (b) Prohibition Notwithstanding any other provision of law, the Administrator shall not promulgate or issue a covered rule or regulation on or after the date of enactment of this Act until the Administrator determines that China, India, and Russia each adhere to the same greenhouse gas emissions reduction targets as the United States under the Paris Agreement. (c) Annual certification After the date of the determination under subsection (b), the Administrator shall annually certify that China, India, and Russia are adhering to the greenhouse gas emissions reduction targets described in that subsection.
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117-s-1327
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II 117th CONGRESS 1st Session S. 1327 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Warren (for herself, Mr. Blumenthal , Mr. Markey , Mr. Van Hollen , Mrs. Feinstein , Mr. Warnock , Mr. Reed , Mr. Sanders , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to add additional demographic reporting requirements, to modify the goals of the Federal Reserve System, and for other purposes.
1. Short title This Act may be cited as the Federal Reserve Racial and Economic Equity Act . 2. Duty to minimize and eliminate racial disparities The Federal Reserve Act ( 12 U.S.C. 221 et seq.) is amended by inserting after section 2B the following: 2C. Duty to minimize and eliminate racial disparities The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall exercise all duties and functions in a manner that fosters the elimination of disparities across racial and ethnic groups with respect to employment, income, wealth, and access to affordable credit, including actions in carrying out— (1) monetary policy; (2) regulation and supervision of banks, thrifts, bank holding companies, savings and loan holding companies, and nonbank financial companies and systemically important financial market utilities designated by the Financial Stability Oversight Council; (3) operation of payment systems; (4) implementation of the Community Reinvestment Act of 1977; (5) enforcement of fair lending laws; and (6) community development functions. . 3. Appearances before and reports to the Congress Section 2B of the Federal Reserve Act ( 12 U.S.C. 225b ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking and at the end; and (B) by striking subparagraph (B) and inserting the following: (B) economic developments and prospects for the future described in the report required in subsection (b), including a discussion of disparities in employment, income, and wealth across racial and ethnic groups as well as other specific segments of the population; and (C) plans, activities, and actions of the Board and the Federal Open Market Committee to minimize and eliminate disparities across racial and ethnic groups with respect to employment, wages, wealth, and access to affordable credit pursuant to section 2C. ; and (2) in subsection (b)— (A) by striking The Board and inserting the following: (1) In general The Board ; and (B) by adding at the end the following: (2) Trend information (A) In general Each report required under paragraph (1) shall include recent trends in the unemployment rate, labor force participation rate, employment to population ratio, median household income, and change in real earnings. (B) Demographic information The trends required to be reported under subparagraph (A) shall include a comparison among different demographic groups, including race (White, African-American, Latino, Native American, and Asian populations), ethnicity, gender, and educational attainment. .
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117-s-1328
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II 117th CONGRESS 1st Session S. 1328 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Leahy (for himself, Mr. Tillis , Mr. Brown , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to reauthorize the farm to school program, and for other purposes.
1. Short title This Act may be cited as the Farm to School Act of 2021 . 2. Access to local foods: farm to school program Section 18(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and heading and all that follows through means and inserting the following: (1) Definitions In this subsection: (A) Agricultural producer The term agricultural producer means a farmer, rancher, or fisher (including of farm-raised fish). (B) Eligible institution The term eligible institution means ; and (B) by adding at the end the following: (C) Farm to school program The term farm to school program means a program that— (i) benefits an eligible institution, as determined by the Secretary; and (ii) carries out— (I) planting and maintenance of farms or gardens; (II) procurement from local agricultural producers; or (III) educational activities relating to agriculture, nutrition, or food. ; (2) in paragraph (2)— (A) by striking schools each place it appears and inserting institutions ; (B) by inserting land-grant colleges and universities, before and nonprofit ; and (C) by striking grants and technical assistance and inserting grants, technical assistance, research, and evaluation ; (3) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (i), by inserting and technical assistance after training ; (ii) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and (iii) by inserting after clause (v) the following: (vi) implementing educational activities relating to agriculture, nutrition, or food; ; and (B) by striking subparagraph (C) and inserting the following: (C) Improved procurement and distribution (i) In general In awarding grants under this subsection, the Secretary shall seek to improve local food procurement and distribution options for agricultural producers and eligible institutions. (ii) Aggregation, processing, transportation, and distribution In advancing local food procurement options and other farm to school program objectives, the Secretary may provide funding for projects that include innovative approaches to aggregation, processing, transportation, and distribution. (D) Awards (i) Maximum amount The total amount provided to a grant recipient under this subsection shall not exceed $500,000. (ii) Term The term of an award shall not exceed 3 years. (iii) Purpose and scope In making awards under this subsection, the Secretary shall seek to make awards of diverse amounts and duration in order to best match the award to the purpose and scope of the project to be funded. (E) Limitation The Secretary may not award a grant under this subsection if the grant funds would be used solely for the purpose of carrying out a conference. ; (4) in paragraph (4)— (A) in subparagraph (B), by inserting , Tribal, after State ; and (B) by adding at the end the following: (C) Tribal agencies The Secretary may allow a Tribal agency to use funds provided to the Indian Tribe of the Tribal agency through a Federal agency (including the Indian Health Service) or any other Federal benefit to satisfy all or part of the non-Federal share described in subparagraph (A) if that use is consistent with the purpose of the funds or other Federal benefit provided. ; (5) in paragraph (5)— (A) by redesignating subparagraphs (A) through (F) and (G) as clauses (i) through (vi) and (ix), respectively, and indenting the clauses appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking To the maximum extent practicable and inserting the following: (A) In general To the maximum extent practicable ; (C) in clause (i) (as so redesignated), by striking school and inserting institution ; (D) in clause (ii) (as so redesignated), by striking lunches and inserting meals ; (E) by striking clause (iii) (as so redesignated) and inserting the following: (iii) (I) incorporate experiential and traditional and culturally appropriate food, nutrition, or agricultural education activities in curriculum planning; and (II) serve a high proportion of children from socially disadvantaged backgrounds; ; (F) in clause (iv) (as so redesignated), by striking eligible schools and all that follows through partners and inserting eligible institutions, State and local agencies, Tribal organizations and agencies, agricultural producers or groups of agricultural producers, land-grant colleges and universities, and nonprofit entities ; (G) in clause (vi) (as so redesignated), by striking and at the end; (H) by inserting after clause (vi) (as so redesignated) the following: (vii) expand the selection of local commodities for eligible institutions; (viii) identify and address chronic diet-related health issues of the children served by eligible institutions; and ; and (I) by adding at the end the following: (B) Tribal community projects In the case of projects serving Tribal communities, the Secretary shall, to the maximum extent practicable, give highest priority to projects that best utilize products, including traditional foods, from Tribal agricultural producers, as determined by the Secretary. ; (6) in paragraph (7)— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (B) by striking the paragraph designation and heading and all that follows through nonprofit entities— and inserting the following: (7) Technical assistance and research (A) In general The Secretary shall provide technical assistance, research, and information to assist eligible institutions, State and local agencies, Indian Tribal organizations, agricultural producers or agricultural producer groups, and nonprofit entities— ; (C) in subparagraph (A) (as so designated)— (i) in clause (ii) (as so redesignated), by striking and at the end; (ii) in clause (iii) (as so redesignated), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iv) to increase awareness of, and participation in, farm to school programs among agricultural and aquaculture producers or agricultural producer groups, including beginning farmers and ranchers, veteran farmers and ranchers, and socially disadvantaged farmers and ranchers (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) )). ; and (D) by adding at the end the following: (B) Review (i) In general Not later than 1 year after the date of enactment of the Farm to School Act of 2021 and every 3 years thereafter, the Secretary shall review and submit to the Committees on Agriculture and Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the progress that has been made in identifying and eliminating regulatory and other barriers related to developing farm to school programs. (ii) Requirements In preparing the report, the Secretary shall examine— (I) the direct and indirect regulatory compliance costs affecting the production and marketing of locally or regionally produced agricultural food products to school and early childhood food programs; (II) barriers to local and regional market access for small-scale production; (III) barriers to funding projects that meet the criteria described in paragraph (5)(A); (IV) barriers to local and regional market access for Tribal farmers and ranchers; and (V) barriers to funding Tribal projects under farm to school programs. ; (7) in paragraph (8)— (A) in subparagraph (A), by striking $5,000,000 and inserting $15,000,000 ; and (B) by adding at the end the following: (C) Administration Of the funds provided to the Secretary under subparagraph (A), not more than 5 percent may be used to pay administrative costs incurred by the Secretary in carrying out this subsection. ; and (8) in paragraph (9), by striking 2011 through 2015 and inserting 2022 through 2027 .
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II 117th CONGRESS 1st Session S. 1329 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Portman (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Aviation Heritage Area Act to reauthorize the National Aviation Heritage Area, and for other purposes.
1. Short title This Act may be cited as the National Aviation Heritage Area Reauthorization Act . 2. Reauthorization of the National Aviation Heritage Area Section 512 of the National Aviation Heritage Area Act ( 54 U.S.C. 320101 note; Public Law 108–447 ; 118 Stat. 3367; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036 .
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117-s-1330
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II 117th CONGRESS 1st Session S. 1330 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Sinema (for herself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To facilitate the reskilling of Federal employees, and for other purposes.
1. Short title This Act may be cited as the Facilitating Federal Employee Reskilling Act . 2. Reskilling Federal employees (a) Definitions In this section: (1) Agency The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (3) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (4) Director The term Director means the Director of the Office of Personnel Management. (5) Employee The term employee means an employee serving in a position in the competitive service or the excepted service. (6) Excepted service The term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (7) Federal reskilling program The term Federal reskilling program means, with respect to an employee, a program established by the head of the agency employing the employee (or the Director) to provide the employee with the technical skill or expertise that would qualify the employee to serve in a different position in the competitive service or the excepted service that requires such technical skill or expertise. (b) Requirements With respect to a Federal reskilling program established by the head of an agency or the Director before, on, or after the date of enactment of this Act, the agency head or the Director, as applicable, shall ensure that the program— (1) is implemented in a manner that is consistent with the merit system principles under section 2301 of title 5, United States Code, including by using merit-based selection procedures for— (A) participation by employees in the program; and (B) determining the placement of employees upon completion of the program; (2) includes appropriate limitations or restrictions associated with implementing the program, which shall be consistent with any regulations prescribed by the Director under subsection (e); (3) provides that any new position to which an employee who participates in the program is transferred will utilize the technical skill or expertise that the employee acquired by participating in the program; (4) includes the option for an employee participating in the program to return to the original position of the employee, or a similar position, particularly if the employee is unsuccessful in the position to which the employee transfers after completing the program; (5) provides that, notwithstanding any provision of chapter 51 of title 5, United States Code, or any rule issued under that chapter, an employee who successfully completes the program and transfers to a different position in the competitive service or the excepted service that requires the technical skill or expertise provided through the program shall serve in the position to which the employee transfers at a class or grade that is not lower than the class or grade of the position from which the employee transferred; and (6) provides that an employee serving in a position in the excepted service may not transfer to a position in the competitive service solely by reason of the completion of the program by the employee. (c) Reporting Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Director, in coordination with the head of each agency that has established a Federal reskilling program, shall submit to the appropriate committees of Congress a report regarding the outcomes under the Federal reskilling programs for the year covered by the report, which shall include— (1) a summary of each Federal reskilling program; (2) the number of, and demographics with respect to, employees who have participated in each Federal reskilling program; (3) the number of, and demographics with respect to, employees who have completed each Federal reskilling program; (4) the number of, and demographics with respect to, employees who have successfully transferred to a different position in the competitive service or the excepted service that requires the technical skill or expertise provided to the employees through a Federal reskilling program; (5) an analysis of the effectiveness, costs, and benefits of each Federal reskilling program; and (6) any other measure or outcome that the Director determines to be relevant. (d) Subsequent periodic evaluation After the submission of the final report required under subsection (c), the head of each agency that has established, or that establishes, a Federal reskilling program shall, on a periodic basis— (1) perform an evaluation of the effectiveness, costs, and benefits of the program; and (2) make any necessary modifications to the program in order to accomplish the goals of the program. (e) Regulations The Director may prescribe regulations, as the Director determines necessary, to provide for requirements with respect to, and the implementation of, Federal reskilling programs.
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II 117th CONGRESS 1st Session S. 1331 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Luján (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration, to prescribe a Federal motor vehicle safety standard for advanced drunk and impaired driving prevention technology, and for other purposes.
1. Short title This Act may be cited as the Reduce Impaired Driving for Everyone Act of 2021 or the RIDE Act of 2021 . 2. Findings Congress finds that— (1) alcohol-impaired driving fatalities represent approximately 1/3 of all highway fatalities in the United States each year; (2) in 2019, there were 10,142 alcohol-impaired driving fatalities in the United States involving drivers with a blood alcohol concentration level of .08 or higher, and 68 percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of .15 or higher; (3) the estimated economic cost for alcohol-impaired driving in 2010 was $44,000,000,000; (4) according to the Insurance Institute for Highway Safety, advanced drunk and impaired driving prevention technology can prevent more than 9,400 alcohol-impaired driving fatalities annually; and (5) to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles. 3. Definitions In this Act: (1) Advanced drunk and impaired driving prevention technology The term advanced drunk and impaired driving prevention technology means a system that can— (A) (i) passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired; and (ii) prevent or limit motor vehicle operation if an impairment is detected; or (B) (i) passively and accurately detect whether the blood alcohol concentration of a driver of a motor vehicle is above the legal limit for blood alcohol concentration of the jurisdiction in which the vehicle is located; and (ii) prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected. (2) New The term new , with respect to a passenger motor vehicle, means that the passenger motor vehicle— (A) is a new vehicle (as defined in section 37.3 of title 49, Code of Federal Regulations (or a successor regulation)); and (B) has not been purchased for purposes other than resale. (3) Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. (4) Secretary The term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. 4. Advanced drunk and impaired driving prevention technology safety standard (a) In general Subject to subsection (c) and not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology. (b) Requirements (1) Lead time The compliance date of the rule issued under subsection (a) shall be not more than 2 model years after the effective date of that rule. (2) Technical capability Any advanced drunk and impaired driving prevention technology required for new passenger motor vehicles under subsection (a) that measures blood alcohol concentration shall use the adult legal limit for blood alcohol concentration of the jurisdiction in which the passenger motor vehicle is located. (c) Timing If the Secretary determines that the Federal motor vehicle safety standard required under subsection (a) cannot meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, by the applicable date, the Secretary— (1) may extend the time period to such date as the Secretary determines to be necessary, but not later than the date that is 3 years after the date described in subsection (a); and (2) shall, not later than the date described in subsection (a) and not less frequently than annually thereafter until the date on which the rule under that subsection is issued, 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 describing, as of the date of submission of the report— (A) the reasons for not prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles; (B) the deployment of advanced drunk and impaired driving prevention technology in vehicles; (C) any information relating to the ability of vehicle manufacturers to include advanced drunk and impaired driving prevention technology in new passenger motor vehicles; and (D) an anticipated timeline for prescribing the Federal motor vehicle safety standard described in subsection (a).
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II 117th CONGRESS 1st Session S. 1332 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Luján (for himself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title V of the Public Health Service Act.
1. Short title; findings (a) Short title This Act may be cited as the Honoring National Recovery Month Act . (b) Findings Congress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2021 is the 32nd observance of National Recovery Month. (3) Over 81,000 people died from drug overdoses during the period beginning in July 2019 and ending in June 2020, and 47,000 people died from suicide in 2019 in the United States. (4) Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID–19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID–19. 2. National Recovery Month activities Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq.) is amended by adding at the end the following: 552A. National Recovery Month activities (a) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities— (1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; (2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; (3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and (4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026. .
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117-s-1333
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II 117th CONGRESS 1st Session S. 1333 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address maternal mortality and morbidity.
1. Short title This Act may be cited as the Modernizing Obstetric Medicine Standards Act of 2021 or the MOMS Act . 2. Maternal mortality and morbidity prevention Section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ) is amended— (1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and (2) by inserting after subsection (d) the following: (e) Pregnancy and postpartum safety and monitoring practices and maternal mortality and morbidity prevention (1) Alliance for Innovation on Maternal Health The Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, shall establish a program, known as the Alliance for Innovation on Maternal Health program, to— (A) enter into a contract with an interdisciplinary, multi-stakeholder, national organization promulgating a national data-driven maternal safety and quality improvement initiative based on evidence-based best practices to improve maternal safety and outcomes; (B) assist States with the development and implementation of postpartum safety and monitoring practices and maternal mortality and morbidity prevention, based on the best practices developed under paragraph (2); and (C) improve State-specific maternal health outcomes and reduce variation in response to maternity and postpartum care, in order to eliminate preventable maternal mortality and severe maternal morbidity. (2) Best practices (A) In general Not later than 1 year after the date of enactment of the Modernizing Obstetric Medicine Standards Act of 2021 , the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall work with the contracting entity under paragraph (1)(A) to— (i) create and assist State-based collaborative teams in the implementation of standardized best practices, to be known as maternal safety bundles , for the purpose of maternal mortality and morbidity prevention; and (ii) collect and analyze data related to process structure and patient outcomes to drive continuous quality improvement in the implementation of the maternal safety bundles by such State-based teams. (B) Maternal safety bundles The best practices issued under subparagraph (A) may address the following topics: (i) Obstetric hemorrhage. (ii) Maternal mental, behavioral, and emotional health. (iii) Maternal venous and thromboembolism. (iv) Severe hypertension in pregnancy, including preeclampsia. (v) Obstetric care for women with substance abuse disorder. (vi) Postpartum care basics for maternal safety. (vii) Reduction of racial and ethnic disparities in maternity care. (viii) Safe reduction of primary cesarean birth. (ix) Severe maternal morbidity review. (x) Support after a severe maternal morbidity event. (xi) Ways to empower and listen to women before, during, and after childbirth to ensure better communication between patients and health care providers. (xii) Other leading causes of maternal mortality and morbidity, including infection or sepsis and cardiomyopathy. (3) Authorization of appropriations To carry out this subsection, in addition to amounts appropriated under subsection (h), there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. . 3. Maternal mortality and morbidity prevention grants Section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 ), as amended by section 2, is further amended— (1) by inserting after subsection (e) the following: (f) Maternal mortality and morbidity prevention grant program (1) In general The Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, shall award grants to States or hospitals to assist in the development and implementation of the maternal safety bundles described in subsection (e)(2). (2) Use of funds (A) In general A State or hospital receiving a grant under this subsection may use such funds— (i) to purchase equipment and supplies to effectively implement and execute the maternal safety bundles described in subsection (e)(2); and (ii) to develop training on, and evaluation of the effectiveness of, such maternal safety bundles. (B) Priority use of funds for State grantees A State receiving a grant under this subsection shall allocate such funds giving priority to the hospitals in such State that serve high volumes of low-income, at-risk, or rural populations. (3) Prioritization of Grant applications In awarding grants under this subsection, the Secretary shall prioritize applications from States, or hospitals within States, that— (A) have a functioning maternal mortality review committee in accordance with best practices promulgated by the Building U.S. Capacity to Review and Prevent Maternal Deaths Initiative of the Centers for Disease Control and Prevention, the CDC Foundation, and the Association of Maternal and Child Health Programs, or as described in subsection (d)(1); or (B) serve high volumes of low-income, at-risk, or rural populations. (4) Reporting Requirements (A) In general Not later than 2 years after receipt of a grant under this subsection, each recipient of such a grant shall submit a report to the Secretary describing— (i) implementation of the maternal safety bundles with use of the grant funds; (ii) any incidents of pregnancy-related deaths or pregnancy-associated deaths, and any pregnancy-related complications or pregnancy-associated complications occurring in the 1-year period prior to implementation of such procedures; and (iii) any incidents of pregnancy-related deaths or pregnancy-associated deaths, and any pregnancy-related complications or pregnancy-associated complications occurring after implementation of such procedures. (B) Public availability; report to Congress Within 1 year of receiving the reports under subparagraph (A), the Secretary shall— (i) make the reports submitted under subparagraph (A) publicly available; and (ii) submit a report to Congress that describes the grants awarded under this subsection, the effectiveness of the grant program under this subsection, the activities for which grant funds were used, and any recommendations to further prevent maternal mortality and morbidity. (C) Authorization of appropriations To carry out this subsection, in addition to amounts appropriated under subsection (h), there are authorized to be appropriated $40,000,000 for each of fiscal years 2022 through 2026. ; and (2) in subsection (g), as so redesignated by section 2(1), by striking paragraphs (2) and (3) and inserting the following: (2) the terms pregnancy-associated death and pregnancy-associated complication mean the death or medical complication, respectively, of a woman that occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy; (3) the terms pregnancy-related death and pregnancy-related complication mean the death or medical complication, respectively, of a woman that— (A) occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy; (B) is from any cause related to, or aggravated by, the pregnancy or its management; and (C) is not from an accidental or incidental cause; and (4) the term severe maternal morbidity means the unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman’s health. . 4. Reporting on pregnancy-related and pregnancy-associated deaths and complications (a) In general The Secretary of Health and Human Services shall encourage each State to voluntarily submit to the Secretary each year a report containing the findings of a State maternal mortality review committee with respect to each maternal death in the State that the committee reviewed during the year. (b) Maternal and infant health The Director of the Centers for Disease Control and Prevention shall— (1) update the Pregnancy Mortality Surveillance System or develop a separate system so that such system is capable of including data obtained from State maternal mortality review committees; and (2) provide technical assistance to States in reviewing cases of pregnancy-related complications and pregnancy-associated complications. (c) Definitions In this section, the terms pregnancy-associated complication and pregnancy-related complication have the meanings given such terms in section 317K of the Public Health Service Act, as amended by section 3.
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II 117th CONGRESS 1st Session S. 1334 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to codify a Federal cause of action and a type of remedy available for individuals significantly exposed to per- and polyfluoroalkyl substances, to encourage research and accountability for irresponsible discharge of those substances, and for other purposes.
1. Short title This Act may be cited as the PFAS Accountability Act of 2021 . 2. Findings Congress finds that— (1) the Centers for Disease Control and Prevention has detected numerous perfluoroalkyl and polyfluoroalkyl substances (referred to in this Act as PFAS ) in the blood serum of individuals in the United States, all of which come from manufacturing and use of PFAS by humans, as there is no natural source of PFAS in human blood; (2) peer-reviewed studies by other organizations have detected PFAS in the drinking water of at least 200,000,000 individuals in the United States; (3) PFAS are introduced into the market every year, and little research is conducted to ensure the safety of PFAS for individuals; (4) as of the day before the date of enactment of this Act, a Federal statutory cause of action does not exist for individuals harmed by the long-term effects of PFAS exposure; and (5) PFAS exposure, even at low levels, has been linked to chronic diseases, including cancer, reproductive and developmental harms, and harms to the immune system. 3. Purposes The purposes of this Act are— (1) to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing by codifying— (A) a Federal cause of action for individuals significantly exposed to PFAS; and (B) a medical monitoring remedy for those individuals; (2) to help address harm to individuals significantly exposed to PFAS by— (A) codifying that harm as an injury at law and equity; and (B) shifting the costs of medical monitoring from those individuals to the parties responsible for the exposure; and (3) to provide incentives for industry to fund PFAS safety research. 4. Cause of action and remedies (a) In general The Toxic Substances Control Act is amended by inserting after section 24 ( 15 U.S.C. 2623 ) the following: 25. Individuals exposed to perfluoroalkyl and polyfluoroalkyl substances (a) Definition of PFAS In this section, the term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least 1 fully fluorinated carbon atom. (b) Cause of action An individual who is significantly exposed to PFAS or has reasonable grounds to suspect that the individual was significantly exposed to PFAS may bring a claim, individually or on behalf of a class of similarly situated individuals, in any district court of the United States for appropriate legal and equitable relief against any person that— (1) engaged in any portion of a manufacturing process that created the PFAS to which the individual was significantly exposed, including any telomer, fluorosurfactant, or toll manufacturing process leading to the creation of the PFAS to which the individual was significantly exposed; and (2) foresaw or reasonably should have foreseen that the creation or use of PFAS would result in human exposure to PFAS. (c) Medical monitoring (1) In general A court may award medical monitoring to an individual or class of individuals bringing a claim under subsection (b) if— (A) the individual or class has been significantly exposed to PFAS; (B) as a result of that exposure, the individual or class has suffered an increased risk of developing a disease associated with exposure to PFAS; (C) as a result of that increased risk, there is a reasonable basis for the individual or class to undergo periodic diagnostic medical examinations of a nature or frequency that is different from or additional to what would be prescribed in the absence of the exposure; and (D) those medical examinations are effective in detecting a disease associated with exposure to PFAS. (2) Presumption of significant exposure (A) Individuals An individual plaintiff shall be presumed to have been significantly exposed to PFAS under paragraph (1)(A) if the individual— (i) demonstrates that— (I) the defendant engaged in any portion of a manufacturing process that created the PFAS to which the individual was significantly exposed, including any telomer, fluorosurfactant, or toll manufacturing process leading to the creation of the PFAS to which the individual was significantly exposed; and (II) the PFAS described in subclause (I) were released into 1 or more areas where the individual would have been exposed for a cumulative period of not less than 1 year; or (ii) offers testing results that demonstrate that PFAS or metabolites of PFAS have been or are currently detected in the body or blood serum of the individual. (B) Class actions In a class action, a presumption of significant exposure to PFAS under paragraph (1)(A) shall be established for the class by— (i) demonstrating that— (I) the defendant engaged in any portion of a manufacturing process that created the PFAS to which the class members were significantly exposed, including any telomer, fluorosurfactant, or toll manufacturing process leading to the creation of the PFAS to which the class members were significantly exposed; and (II) the PFAS described in subclause (I) were released into 1 or more areas where a representative portion of the class members would have been exposed for a cumulative period of not less than 1 year; or (ii) offering testing results that demonstrate that PFAS or metabolites of PFAS have been or are currently detected in the bodies of a representative portion of class members that share sufficient common exposure characteristics with the class. (3) Rebutting the presumption (A) In general A defendant may rebut a presumption of significant exposure with respect to an individual plaintiff or class member for which testing results are not offered under subparagraph (A)(ii) or (B)(ii) of paragraph (2) by offering results for that individual or class member of testing that— (i) uses a generally accepted method for detecting the particular PFAS or metabolites of PFAS at issue; (ii) is performed by an independent provider agreed on by both parties; and (iii) confirms that the relevant PFAS or metabolites of PFAS likely were not present in the body of the individual or class member at the relevant time in a sufficient quantity to qualify as significant exposure under paragraph (1)(A). (B) Costs A defendant shall be responsible for the costs of testing under subparagraph (A). (C) Independent provider If both parties cannot agree on an independent provider under subparagraph (A)(ii), the court shall appoint an independent provider. (4) Increased risk of developing disease (A) In general If there is insufficient toxicological data to reasonably determine whether an individual or class has suffered an increased risk of developing a disease associated with exposure to any individual PFAS or group of PFAS under paragraph (1)(B), a court may lower the standard for scientific proof with regard to the increased risk of developing that disease until independent and reliable toxicological data is available with respect to that individual PFAS or group of PFAS. (B) Ordering studies To make available independent and reliable toxicological data described in subparagraph (A) with respect to an individual PFAS or group of PFAS, a court may order new or additional epidemiological, toxicological, or other studies or investigations of that individual PFAS or group of PFAS as part of a medical monitoring remedy awarded under paragraph (1). (d) Sense of Congress It is the sense of Congress that courts should encourage more reliable and independent research into the latent health effects of PFAS. (e) Effect on State law claims and remedies Nothing in this section— (1) preempts, alters, bars, or precludes any State law claims or remedies, including any State law claims or remedies for an injury addressed by this section; or (2) provides an exclusive claim or remedy. . (b) Clerical amendment The table of contents for the Toxic Substances Control Act ( Public Law 94–469 ; 90 Stat. 2003) is amended by inserting after the item relating to section 24 the following: Sec. 25. Individuals exposed to perfluoroalkyl and polyfluoroalkyl substances. .
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II 117th CONGRESS 1st Session S. 1335 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a Global Climate Change Resilience Strategy, to authorize the admission of climate-displaced persons, and for other purposes.
1. Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Required data collection and reporting. Sec. 5. Global climate change resilience strategy. Sec. 6. Training of foreign service officers in climate change resilience. Sec. 7. Guidance on the humanitarian impacts of climate change. Sec. 8. Admission of climate-displaced persons. Sec. 9. Authorization of appropriations. 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) According to the Intergovernmental Panel on Climate Change, the Earth’s climate is now changing faster than at any point in history. (2) The October 2018 report entitled Special Report on Global Warming of 1.5º C by the Intergovernmental Panel on Climate Change and the November 2018 Fourth National Climate Assessment report found that a changing climate is— (A) causing sea levels to rise; (B) contributing to an increase in wildfires and temperature extremes in some parts of the world; and (C) contributing to an increase in heavy precipitation in certain locations. (3) Forced displacement and forced migration are increasing in the context of environmental changes and climate-induced disruptions, including weather-related disasters, drought, famine, and rising sea levels. (4) A December 2019 Oxfam International report found that climate-related events forced an estimated 20,000,000 people from their homes every year during the previous decade. (5) The United Nations Human Rights Council has recognized that climate change poses an existential threat that has already negatively affected the fulfilment of human rights, specifically noting that— (A) parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights; and (B) the adverse effects of climate change are felt most acutely by those segments of the population that are already in vulnerable situations owing to factors such as geography, poverty, gender, age, indigenous or minority status, national or social origin, birth, or other status and disability. (6) The Office of the United Nations High Commissioner for Human Rights has suggested that a person who cannot be reasonably expected to return to his or her country of origin— (A) should be considered a victim of forced displacement; and (B) should be granted at least a temporary stay in the country where they have found refuge. (7) The Intergovernmental Panel on Climate Change affirms with high confidence that societal adaptations in the near term can help reduce the risks of climate change throughout the 21st century. (8) In 2013, Super Typhoon Haiyan made landfall in the Philippines, affecting nearly 15,000,000 people and displacing more than 4,000,000 people. (9) Since 2017, violence in Burma’s Rakhine State has forced more than 740,000 Rohingya refugees into Bangladesh, where they remain exposed to the country’s vulnerability to the effects of extreme flooding and landslides worsened by climate change. (10) In 2020, extreme rainfall and flooding in Northeast India’s Assam State displaced more than 3,300,000 people. (11) The small Pacific island Nation of Kiribati is preparing for large swaths of the country to be uninhabitable and for its people to migrate with the skill to integrate into their new host nation. (12) More than 150,000,000 people around the world now live on land that may be below sea level or regular flood levels by the end of the century unless adaptation measures are taken. (13) The effects of climate change also exacerbate social, economic, and political tensions within and among nations. (14) A 2020 CARE report, Evicted by Climate Change: Confronting the Gendered Impacts of Climate-Induced Displacement , notes that— (A) the climate crisis exacerbates gender inequality and makes it harder to achieve gender justice; (B) more than half of the 41,000,000 people internally displaced in 2018 were women; (C) poor women and children are up to 14 times more likely to be killed than men by a climate-fueled disaster, such as a hurricane, typhoon, cyclone, or flood; and (D) women who are displaced by climate change related impacts often have less access to relief resources. (15) In 2014, the Department of Defense Quadrennial Defense Review cited the effects of climate change as a threat multiplier that could lead to violence abroad. (16) In 2016, a memorandum from the National Intelligence Counsel entitled Implications for U.S. National Security of Anticipated Climate Change highlighted how climate change could create or aggravate tensions between nations in already disputed regions, such as the Arctic. (17) The 2020 Ecological Threat Register published by the Institute for Economics and Peace projects that climate-related threats will continue to cause significant displacement worldwide over the coming decades. Nineteen countries, with a combined population of 2,100,000,000 people, are noted to be most at risk given population growth, water stress, food insecurity, droughts, floods, cyclones and rising temperature and sea levels. (18) In February 2021, President Biden signaled his intention to raise the United States refugee resettlement goal. (19) In January 2021, President Biden issued Executive Order 14008 on tackling the climate crisis domestically and abroad. The order affirmed climate considerations essential to United States foreign and defense policy, reaffirmed the role of the Special Envoy for Climate John Kerry, created a national climate task force, and set timelines to produce strategies and implementation plans for integrating climate considerations into foreign policy efforts. (20) Previous presidential administrations have not systematically and specifically acted to address climate displacement or to provide appropriate durable solutions to those who are displaced. (b) Sense of Congress It is the sense of Congress that the United States should— (1) reduce its domestic greenhouse gas emissions on a scale and rate proportionate to its historical responsibility and the urgency of the threat of climate change; (2) welcome the shared responsibility of climate change adaptation, global disaster risk reduction, resiliency building, and disaster response and recovery; (3) assist in providing durable solutions for climate-displaced persons; (4) aid other countries in their climate change mitigation efforts; and (5) work with the international community— (A) to establish a framework to share such responsibilities; and (B) to ensure that the human rights of climate-displaced persons are acknowledged, respected, protected, and fulfilled. 3. Definitions Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (1) by amending paragraph (8) to read as follows: (8) The term climate-displaced person means any person who, for reasons of sudden or progressive change in the environment that adversely affects his or her life or living conditions— (A) is obliged to leave his or her habitual home, either within his or her country of nationality or in another country; (B) is in need of a durable resettlement solution; and (C) whose government cannot or will not provide such durable resettlement solution. ; and (2) by amending paragraph (34) to read as follows: (34) The term designated application center means any United States embassy or consulate, or other facility as the Secretary of State may delegate to accept applications for climate-displaced person status. . 4. Required data collection and reporting (a) Data collection The President, in coordination with the Department of Commerce, the Environmental Protection Agency, the Department of State, the United States Agency for International Development, the Office of the Director of National Intelligence, the Department of Defense, the Department of Homeland Security, and other relevant agencies, shall collect and maintain data on displacement caused by climate change, including information from— (1) the International Organization for Migration; (2) the United Nations High Commissioner for Refugees; (3) UNICEF; and (4) other international organizations that are collecting such data. (b) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit a report to the Senate Foreign Relations and House Foreign Affairs Committees that details the collection and analysis of the data described in subsection (a). The report required under this subsection shall be submitted in unclassified form, but may include a classified annex. 5. Global climate change resilience strategy Section 117 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151p ) is amended— (1) in subsection (b)— (A) by inserting (1) after (b) ; and (B) by adding at the end the following: (2) (A) The President is authorized to furnish assistance to programs and initiatives that— (i) promote resilience among communities facing harmful impacts from climate change; and (ii) reduce the vulnerability of persons affected by climate change. (B) There shall be, in the Department of State, a Coordinator of Climate Change Resilience, who shall coordinate the assistance authorized under this paragraph. ; and (2) by adding at the end the following: (d) (1) The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Special Presidential Envoy for Climate, shall establish a comprehensive, integrated, 10-year strategy, which shall be referred to as the Global Climate Change Resilience Strategy , to mitigate the impacts of climate change on displacement and humanitarian emergencies. (2) The Global Climate Change Resilience Strategy shall— (A) focus on addressing slow-onset and rapid-onset effects of events caused by climate change; (B) consider the effects of events caused by climate change; (C) describe the key features of successful strategies to prevent such conditions; (D) include specific objectives and multisectoral approaches to the effects of events caused by climate change; (E) describe approaches that ensure national leadership, as appropriate, and substantively engage with civil society, local partners, and the affected communities, including marginalized populations and underserved populations, in the design, implementation, and monitoring of climate change programs to best safeguard the future of those subject to displacement; (F) assign roles for relevant Federal agencies to avoid duplication of efforts, while ensuring that— (i) the Department of State is responsible for— (I) leading the Global Climate Change Resilience Strategy; (II) establishing United States foreign policy; (III) advancing diplomatic and political efforts; (IV) guiding security assistance and related civilian security efforts to mitigate climate change threats; and (V) providing overseas humanitarian assistance to respond to international displacement caused by climate change and to coordinate the pursuit of protection and durable solutions for climate-displaced persons, including resettlement into the United States; (ii) the United States Agency for International Development is— (I) responsible for overseeing programs to prevent the effects of events caused by climate change; and (II) the lead implementing agency for providing overseas humanitarian assistance to respond to internal displacement and food insecurity caused by climate change, and for development and related nonsecurity program policy related to building resilience and achieving recovery; and (iii) other Federal agencies support the activities of the Department of State and the United States Agency for International Development, as appropriate, with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development; (G) describe programs that agencies will undertake to achieve the stated objectives, including descriptions of existing programs and funding by fiscal year and account; (H) identify mechanisms to improve coordination between the United States, foreign governments, and international organizations, including the World Bank, the United Nations, regional organizations, and private sector organizations; (I) address efforts to expand public-private partnerships and leverage private sector resources; (J) describe the criteria, metrics, and mechanisms for monitoring and evaluation of programs and objectives in the Global Climate Change Resilience Strategy; and (K) describe how the Global Climate Change Resilience Strategy will ensure that programs are country-led and context-specific. (3) Not later than 270 days after the date of the enactment of this subsection, and annually thereafter, the President shall submit a report to Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, based in part on the information collected pursuant to this section, that details the Global Climate Change Resilience Strategy. The report shall be submitted in unclassified form, but may include a classified annex, if necessary. (4) Not later than 180 days after the date of the enactment of this subsection, the Secretary of State and the Coordinator of Global Climate Change Resilience shall brief the House Foreign Affairs Committee and the Senate Foreign Relations Committee on administration progress towards the Global Climate Change Resilience Strategy. (5) (A) Not later than 270 days after the date of the enactment of this subsection, and annually thereafter, the Comptroller General of the United States, in cooperation and consultation with the Secretary of State, shall produce a report evaluating the progress that the Federal Government has made toward incorporating climate change into department and agency policies, including the resources that have been allocated for such purpose. (B) The report required under subparagraph (A) shall assess— (i) the degree to which the Department of State and the United States Agency for International Development (USAID) are— (I) developing climate change risk assessments; and (II) providing guidance to missions on how to include climate change risks in their integrated country strategies; (ii) whether the Department of State and USAID have sufficient resources to fulfill the requirements described in paragraph (2); and (iii) any areas in which the Department of State and USAID may lack sufficient resources to fulfill such requirements. . 6. Training of foreign service officers in climate change resilience Section 708(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4028(a)(1) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) for Foreign Service Officers who will be assigned to a country from which climate-displaced persons (as defined in section 101(a)(8) of the Immigration and Nationality Act) have been displaced, instruction on climate displacement, including the Global Climate Change Resilience Strategy established under section 117(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151p(d) ). . 7. Guidance on the humanitarian impacts of climate change The Secretary of State shall provide guidance to each United States diplomatic mission, in accordance with Executive Order 13677 (79 Fed. Reg. 58229), addressing the humanitarian impacts associated with climate change. 8. Admission of climate-displaced persons (a) Admission of climate-Displaced persons (1) In general Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq.) is amended by adding at the end the following: 244A. Climate-displaced persons (a) Admission goal (1) In general Notwithstanding section 207, the number of climate-displaced persons who may be admitted under this section in any fiscal year (beginning with fiscal year 2021) shall be not fewer than the greater of— (A) 50,000; or (B) the number that the President determines, before the beginning of the fiscal year and after appropriate consultation with Congress, is justified by humanitarian concerns or is otherwise in the national interest. (2) Effect of numerical adjustment If the President determines that the number of climate-displaced persons who may be admitted in a fiscal year based on humanitarian concerns or the national interest is greater than the number set forth in paragraph (1)(A), the President shall— (A) set the admissions level for climate-displaced persons at the same time as the President determines the number of refugees who may be admitted in such fiscal year under section 207; and (B) follow all of the procedures relating to refugee admissions under section 207, including the requirement to engage in an appropriate consultation with Congress. (b) Admissibility; applications (1) In general (A) Admissibility Subject to the numerical limitation under subsection (a), the Secretary of Homeland Security, pursuant to such regulations as the Secretary may prescribe, may admit any climate-displaced person under this section who— (i) is admissible; (ii) is not described in section 208(b)(2); and (iii) is not described in paragraph (2). (B) Applications Any noncitizen described in subparagraph (A), regardless of such noncitizen’s immigration status, may apply for admission as a climate-displaced person if the noncitizen— (i) is physically present in the United States; (ii) arrives in the United States (whether or not at a designated port of arrival and including a noncitizen who is brought to the United States after having been interdicted in international or United States waters); or (iii) applies at a designated application center. (2) Limitations Except as provided in paragraph (3), a noncitizen may not apply for status as a climate-displaced person if— (A) the Secretary of Homeland Security determines that the noncitizen may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the noncitizen’s nationality or, in the case of a noncitizen having no nationality, the country of the noncitizen’s last habitual residence) that is outside of the zone in which the sudden or progressive change in the environment obliged the noncitizen to leave his or her residence, provided that such determination does not violate our Nation’s human rights obligations; (B) the application is not filed within 1 year after the date of the noncitizen’s arrival in the United States; or (C) an earlier application by the noncitizen for climate-displaced person status has been denied. (3) Exceptions (A) Unaccompanied noncitizen children Paragraph (2) shall not apply to unaccompanied noncitizen children (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )). (B) Changed circumstances Subparagraphs (B) and (C) of paragraph (2) shall not apply if the noncitizen demonstrates, to the satisfaction of the Secretary of Homeland Security that— (i) extraordinary circumstances prevented the noncitizen from filing an application within the period specified in paragraph (2)(B); or (ii) changed circumstances materially affect the applicant’s eligibility for climate-displaced person status. (C) Referrals authorized The Secretary of State may also accept applications submitted on behalf of eligible applicants for climate-displaced person status by qualified international agencies. (4) Contents Applications submitted under this subsection shall contain such information as the Secretary of State, in consultation with the Secretary of Homeland Security, determines to be necessary to determine whether the applicant is eligible for admission as a climate-displaced person. (5) Fees (A) In general Except as provided in subparagraph (B), an applicant for climate-displaced person status shall not be charged a fee. (B) Exception If a noncitizen has applied for, and been denied, climate-displaced person status on 2 or more previous occasions, the Secretary may charge a reasonable fee for any subsequent applications, which shall set at a level equal to the average cost of adjudicating such applications. (c) Treatment of climate-Displaced persons (1) In general A noncitizen who qualifies for climate-displaced person status under this section shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207. (2) Treatment of children and spouse (A) In general A spouse or a child (as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) of a noncitizen who is granted climate-displaced person status under this section may, if not otherwise eligible for such status, be granted the same status as the climate-displaced person if accompanying, or following to join, such noncitizen. (B) Treatment of children An unmarried noncitizen who seeks to accompany, or follow to join, a parent granted climate-displaced person status under this section, and who was younger than 21 years of age on the date on which such parent applied for such status, shall continue to be classified as a child for purposes of this subsection and section 209(b)(3), if the noncitizen attains 21 years of age while such application is pending. (d) Grounds for ineligibility A noncitizen may not be admitted as a climate-displaced person under this section if the noncitizen is described in section 208(b)(2) (e) Defined term In this section, the term noncitizen means any person who is not a citizen or national of the United States. . (2) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 244 the following: Sec. 244A. Climate-displaced persons. . (b) Adjustment of status Section 209(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1159(a) ) is amended by inserting or 244A before the em dash immediately preceding subparagraph (A). (c) Savings provision (1) In general Nothing in section 244A of the Immigration and Nationality Act, as added by subsection (a)(1), may be construed to affect the United States commitment to the United States Refugee Admissions Program. (2) Additional protections The protections described in such section 244A are in addition to the refugee admissions goal established by the Presidential determination described in subsection (a)(1)(B) of such section. 9. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.
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II 117th CONGRESS 1st Session S. 1336 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Booker (for himself, Mr. Schatz , Mr. Merkley , Mr. Sanders , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To discontinue a Federal program that authorizes State and local law enforcement officers to investigate, apprehend, and detain aliens in accordance with a written agreement with the Director of U.S. Immigration and Customs Enforcement and to clarify that immigration enforcement is solely a function of the Federal Government.
1. Short title This Act may be cited as the Protecting the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act or the PROTECT Immigration Act . 2. Rescission of State and local immigration enforcement authority Section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) is amended to read as follows: (g) Except as provided in sections 103(a)(10) and 274(c) of this Act and in section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 ( 8 U.S.C. 1252c ), the authority to inquire about or verify immigration or citizenship status and to investigate, apprehend, arrest, or detain an individual for a violation of this Act or any regulation authorized by this Act— (1) is restricted to immigration officers and authorized employees of the Department of Homeland Security; and (2) is subject to limits set forth in other provisions of law. .
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II 117th CONGRESS 1st Session S. 1337 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Heinrich (for himself, Mr. Sanders , Mrs. Gillibrand , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To address the impact of climate change on agriculture, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Agriculture Resilience 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 Secretary. TITLE I—National Goals Sec. 101. National goals. Sec. 102. Action plan. TITLE II—Research Sec. 201. Research, extension, and education purpose. Sec. 202. Regional hubs for risk adaptation and mitigation to climate change. Sec. 203. Sustainable agriculture research and education resilience initiative. Sec. 204. Sustainable agriculture technology development and transfer program. Sec. 205. Long-Term Agroecological Network. Sec. 206. Public breed and cultivar research. Sec. 207. ARS Climate Scientist Career Development Program. Sec. 208. Agricultural Climate Adaptation and Mitigation through AFRI. Sec. 209. Specialty crop research initiative. Sec. 210. Integrated pest management. Sec. 211. National Academy of Sciences study. Sec. 212. Appropriate technology transfer for rural areas program. TITLE III—Soil Health Sec. 301. Crop insurance. Sec. 302. Environmental quality incentives program. Sec. 303. Conservation stewardship program. Sec. 304. State assistance for soil health. Sec. 305. Funding and administration. Sec. 306. Study and report on feasibility of agricultural carbon capture tax credit. Sec. 307. Conservation compliance. Sec. 308. National and regional agroforestry centers. TITLE IV—Farmland Preservation and Farm Viability Sec. 401. Local Agriculture Market Program. Sec. 402. National organic certification cost-share program. Sec. 403. Exclusion of gain from sale of certain farm property and agricultural easements. Sec. 404. Farmland Protection Policy Act. Sec. 405. Agricultural conservation easement program. TITLE V—Pasture-Based Livestock Sec. 501. Animal raising claims. Sec. 502. Processing resilience grant program. Sec. 503. Conservation of private grazing land. Sec. 504. Conservation reserve program. Sec. 505. Alternative Manure Management Program. TITLE VI—On-Farm Renewable Energy Sec. 601. Rural Energy For America Program. Sec. 602. Study on dual-use renewable energy systems. Sec. 603. AgSTAR program. TITLE VII—Food Loss and Waste Subtitle A—Food Date Labeling Sec. 701. Definitions. Sec. 702. Quality dates and discard dates. Sec. 703. Misbranding. Sec. 704. Regulations. Sec. 705. Delayed applicability. Subtitle B—Other Provisions Sec. 711. Composting as conservation practice. Sec. 712. Amendments to Federal Food Donation Act. Sec. 713. Grants for composting and anaerobic digestion food waste-to-energy projects. Sec. 714. School food waste reduction grant program. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. I National Goals 101. National goals (a) Purpose The purpose of the goals established under this title is to prevent climate change from exceeding 1.5 degrees Celsius of warming above preindustrial levels through a national greenhouse gas emission reduction effort. (b) National goals The national goals for the agricultural sector shall be to achieve— (1) not less than a 50 percent reduction in net greenhouse gas emissions, as compared to those levels during calendar year 2010, by not later than December 31, 2030; and (2) net zero emissions by not later than December 31, 2040. (c) Subgoals To achieve the national goals described in subsection (b), there are established the following subgoals: (1) Research The total Federal investment in public food and agriculture research and extension should— (A) at a minimum, as compared to that total Federal investment for fiscal year 2021— (i) triple by not later than December 31, 2030; and (ii) quadruple by not later than December 31, 2040; and (B) strongly focus on climate change adaptation and mitigation, soil health and carbon sequestration, nutrient and manure management to curb nitrous oxide and methane emissions, agroforestry, advanced grazing management and crop-livestock integration, other agro-ecological systems, on-farm and food system energy efficiency and renewable energy production, farmland preservation and viability, food waste reduction, and any other related areas, as determined by the Secretary. (2) Soil health The United States should— (A) immediately become a member of the Partners Forum and the Consortium of the 4 per 1000 Initiative, hosted by the Consultative Group for International Agricultural Research, with the aim of increasing total soil carbon stocks by 0.4 percent annually to reduce carbon in the atmosphere, restore soil health and productivity, and thereby improve food security; (B) sufficiently expand adoption of soil health practices (including diverse crop rotations, cover cropping, conservation tillage, perennial crop production systems, agroforestry, composting, biologically based nutrient management, and advanced grazing management, including silvopasture)— (i) to reduce nitrous oxide emissions from agricultural soils, as compared to those levels during calendar year 2021— (I) by 25 percent by not later than December 31, 2030; and (II) by 75 percent by not later than December 31, 2040; (ii) to increase soil carbon stocks by 0.4 percent annually on at least 50 percent of agricultural land by not later than December 31, 2030; and (iii) to meet or exceed the threshold described in clause (ii) on all agricultural land by not later than December 31, 2040; (C) expand implementation of regionally appropriate cover crops and other continual living cover so that— (i) at least 50 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2030; (ii) at least 75 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2040; (iii) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 75 percent of each calendar year by not later than December 31, 2030; and (iv) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 85 percent of each calendar year by not later than December 31, 2040; and (D) encourage conversion of at least— (i) 15 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2030; and (ii) 30 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2040. (3) Farmland preservation (A) 2030 goal The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2021 by not later than December 31, 2030. (B) 2040 goal There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. (4) Pasture-based livestock The livestock sector should— (A) establish advanced grazing management, including management-intensive rotational grazing, on at least— (i) 50 percent of all grazing land by not later than December 31, 2030; and (ii) 100 percent of all grazing land by not later than December 31, 2040; (B) reduce greenhouse gas emissions related to feeding of ruminants by— (i) at least— (I) 1/3 by not later than December 31, 2030; and (II) 1/2 by not later than December 31, 2040; and (ii) reducing nongrazing feeding of ruminants, growing feed grains and forages with soil health and nutrient management practices that minimize net greenhouse gas emissions from cropland, and designing livestock feed mixtures and supplements to mitigate enteric methane emissions; (C) re-integrate livestock and crop production systems at farm, local, and regional levels to facilitate environmentally sound management and field application of manure and reduce the need for long-term manure storage by increasing acreage on individual farms under crop-livestock integrated management by at least— (i) 100 percent as compared to calendar year 2017 levels by not later than December 31, 2030; and (ii) 300 percent as compared to calendar year 2017 levels by not later than December 31, 2040; and (D) (i) immediately cease building any new or expanded waste lagoons for confined animal feeding operations; and (ii) convert— (I) by not later than December 31, 2030, at least 1/3 of wet manure handling and storage to non-digester dairy or livestock methane management methods (as defined in section 1240T(a) of the Food Security Act of 1985); and (II) by not later than December 31, 2040, at least 2/3 of wet manure handling and storage to non-digester dairy or livestock methane management methods (as so defined). (5) On-farm renewable energy The agricultural sector should— (A) implement energy audits and energy efficiency improvements on at least— (i) 50 percent of farms by not later than December 31, 2030; and (ii) 100 percent of farms by not later than December 31, 2040; (B) expand on-farm clean renewable energy production to a level that is at least— (i) double the 2017 level by not later than December 31, 2030; and (ii) triple the 2017 level by not later than December 31, 2040; and (C) install and manage on-farm renewable energy infrastructure in a manner that does not— (i) compromise the climate resilience and greenhouse gas mitigation goals of this Act; or (ii) adversely impact farmland, soil, and water resources, or food production. (6) Food loss and waste Consistent with the Food Waste Challenge launched by the Department of Agriculture and the Environmental Protection Agency in June 2013, and the national food loss and waste goal announced in September 2015, the food and agricultural sector should commit to— (A) at least a 50 percent reduction in food loss and waste by not later than December 31, 2030; (B) at least a 75 percent reduction in food loss and waste by not later than December 31, 2040; and (C) in a manner consistent with the Food Recovery Hierarchy established by the Environmental Protection Agency, diverting from landfills through composting and other means at least— (i) 50 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2030; and (ii) 90 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2040. 102. Action plan (a) In general The Secretary shall— (1) develop a plan (referred to in this section as the plan ), which may involve actions to be taken by other Federal agencies, to make significant and rapid progress to achieve the national goals described in section 101; and (2) make the plan available for public comment for a period of not less than 90 days. (b) Actions Actions under the plan shall— (1) include issuing regulations, providing incentives, carrying out research and development programs, and any other actions the Secretary determines are necessary to achieve the national goals described in section 101; and (2) be designed— (A) to fully implement the provisions of this Act and the amendments made by this Act; (B) to provide benefits for farmers and ranchers, rural communities, small businesses, and consumers; (C) to improve public health, resilience, and environmental outcomes, especially for rural and low-income households, communities of color, Tribal and indigenous communities, and communities that are disproportionately vulnerable to the impacts of climate change, air and water pollution, and other resource degradation; and (D) to prioritize investments that reduce emissions of greenhouse gases and sequester carbon while simultaneously helping to solve other pressing agro-environmental resource concerns, increase farming and ranching opportunities, create quality jobs, improve farmworker working conditions and living standards, and make communities more resilient to the effects of climate change. (c) Final plan Not later than 18 months after the date of enactment of this Act, the Secretary shall— (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. (d) Updates Beginning 2 years after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and not less frequently than biennially thereafter, the Secretary shall— (1) review and revise the plan to ensure that the plan is sufficient to achieve the national goals described in section 101; and (2) submit the revised plan to Congress. (e) Annual report Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report— (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. II Research 201. Research, extension, and education purpose Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3101 ) is amended— (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: (8) accelerate the ability of agriculture and the food system of the United States to first achieve net-zero carbon emissions and then be carbon positive by removing additional carbon dioxide from the atmosphere; . 202. Regional hubs for risk adaptation and mitigation to climate change Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 ) the following: 401. Regional hubs for risk adaptation and mitigation to climate change (a) Establishment The Secretary shall establish a national network of regional hubs for risk adaptation and mitigation to climate change to provide to farmers, ranchers, forest landowners, and other agricultural and natural resource managers— (1) science-based, region-specific, cost-effective, and practical information and program support for science-informed decisionmaking in light of the increased costs, opportunities, risks, and vulnerabilities associated with a changing climate; and (2) access to assistance to implement that decisionmaking. (b) Eligibility An entity shall be eligible to be selected as a regional hub under subsection (a) if the entity is any office of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate. (c) Administration (1) In general The network established under subsection (a) shall be designated and administered jointly by the Agricultural Research Service and the Forest Service, in partnership with other Federal agencies, including the following: (A) Within the Department of Agriculture, the following agencies: (i) The Natural Resources Conservation Service. (ii) The Farm Service Agency. (iii) The Risk Management Agency. (iv) The Animal and Plant Health Inspection Service. (v) The National Institute of Food and Agriculture. (B) The Department of the Interior. (C) The Department of Energy. (D) The Environmental Protection Agency. (E) The United States Geological Survey. (F) National Oceanic and Atmospheric Administration. (G) National Aeronautics and Space Administration. (H) Such other Federal agencies as the Secretary determines to be appropriate. (2) Partners The regional hubs established under subsection (a) shall work in close partnership with other stakeholders and partners, including— (A) colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 )); (B) cooperative extension services (as defined in that section); (C) State agricultural experiment stations (as defined in that section); (D) private entities; (E) State, local, and regional governments; (F) Indian Tribes; (G) agriculture and commodity organizations; (H) nonprofit and community-based organizations; and (I) other partners, as determined by the Secretary. (d) Responsibilities A regional hub established under subsection (a) shall— (1) offer tools, strategic management options, and technical support to farmers, ranchers, and forest landowners to help those farmers, ranchers, and forest landowners mitigate and adapt to climate change; (2) direct farmers, ranchers, and forest landowners to Federal agencies that can provide program support to enable those farmers, ranchers, and forest landowners to implement science-informed management practices that address climate change; (3) determine how climate and weather projections will impact the agricultural and forestry sectors; (4) provide periodic regional assessments of risk and vulnerability in the agricultural and forestry sectors— (A) to help farmers, ranchers, and forest landowners better understand the potential direct and indirect impacts of climate change; and (B) to inform the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 ( 15 U.S.C. 2933 ); (5) provide to farmers, ranchers, forest landowners, and rural communities outreach, education, and extension on science-based risk management through partnerships with the land-grant colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 )), cooperative extension services (as defined in that section), and other entities; (6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 )), conservation districts, and nongovernmental organizations involved in farmer outreach in the region served by the hub to assist producers in developing business plans and conservation plans that take into account emerging climate risk science with respect to crop, production, and conservation system changes that will help producers adapt to a changing climate; and (7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 et seq.), additional partnerships with farmers and nonprofit and community-based organizations to conduct applied on-farm research on climate change. (e) Priorities A regional hub established under subsection (a) shall prioritize research and data collection activities in the following areas: (1) Improved measurement and monitoring of— (A) soil organic carbon sequestration; and (B) total net greenhouse gas impacts of different farming systems and practices. (2) Lifecycle analysis for total net greenhouse gas emissions related to— (A) alternative cropping systems; (B) alternative livestock production systems; (C) integrated cropping-livestock systems; (D) alternative biofuel crop production systems and biofuel end uses; (E) alternative agroforestry practices and systems; and (F) alternative forestry management systems. (3) Research and education on— (A) optimal soil health practices; (B) advanced biological nutrient management based on optimal soil health practices; (C) enhanced synergies between crop roots and soil biota; (D) linkages between soil, plant, animal, and human health; (E) adaption and mitigation needs of stakeholders; (F) new crops or new varieties to help producers be profitable while adapting to a changing climate; (G) social and economic barriers to stakeholder adoption of new practices that improve adaptation, mitigation, and soil sequestration; and (H) evaluation and assessment of climate-related decision tools of the Department of Agriculture. (4) Grazing-based livestock management systems to optimize the net greenhouse gas footprint, including— (A) grazing land carbon sequestration; and (B) mitigation of enteric methane. (5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including— (A) perennial forages; (B) perennial grains; and (C) agroforestry. (f) Stakeholder input Each regional hub established under subsection (a)— (1) shall solicit input from stakeholders on pressing needs, important issues, and outreach strategies through a variety of mechanisms, including regional stakeholder committees; and (2) may partner with stakeholders in conducting research and developing tools. (g) Risk management (1) In general The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for— (A) climate risk in actuarial tables; and (B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.). (2) Submission of recommendations The team appointed under paragraph (1) shall submit to the Secretary, on an iterative basis, but not less frequently than once every 2 years, the recommendations developed by the team under that paragraph. (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 2030. . 203. Sustainable agriculture research and education resilience initiative (a) Sustainable agriculture research and education Section 1619 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801 ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and at the end; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) increase resilience in the context of a changing climate and related economic, social, and environmental shocks. ; and (2) in subsection (b)— (A) in paragraph (2)— (i) by striking integrated crop management and inserting integrated crop and livestock management system or practice ; and (ii) by inserting resilience, after profitability, ; and (B) by striking paragraph (3) and inserting the following: (3) The term resilience means, with respect to an agricultural management system, the ability of that system to absorb and recover from climate and other disturbances, such that the system is not impacted by severe shocks. . (b) Eligibility of Tribal colleges to enter into research and extension project agreements Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(b) ) is amended by striking or Federal or State and inserting 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )), or Federal, State, or Tribal . (c) Agricultural and food system resilience initiative (1) In general Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 ) is amended— (A) in the section heading, by striking Integrated management systems and inserting Agricultural and food system resilience initiative ; (B) in subsection (a)— (i) by striking paragraph (3); (ii) by redesignating paragraphs (1), (2), (4), and (5) as subparagraphs (C), (D), (E), and (F), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (C) (as so redesignated), by striking the first sentence and all that follows through program in the second sentence and inserting the following: (1) In general In close conjunction with programs and projects established under sections 1621 and 1623, the Secretary shall establish a research, education, extension, and outreach initiative, which may include farmer and rancher research and demonstration grants, and use an interdisciplinary approach wherever appropriate, to increase the resilience of agriculture and the food system in the context of a changing climate and related economic, social, and environmental shocks. (2) Purposes The purposes of the initiative established under paragraph (1) ; and (iv) in paragraph (2) (as so designated)— (I) by inserting before subparagraph (C) (as so redesignated) the following: (A) to equip farmers to prepare, adapt, and transform the farming systems of the farmers when confronted by shocks and stresses to the agricultural production and livelihoods of the farmers; (B) to support local and regional food systems that support resilience and enhance local access and control over productive resources; ; (II) in subparagraph (C) (as so redesignated)— (aa) by striking practices and systems and inserting systems and practices ; (bb) by inserting climate and after adverse ; (cc) by inserting soil quality and after enhance ; and (dd) by inserting reduce dependency on fossil fuels, after inputs, ; (III) in subparagraph (D) (as so redesignated), by inserting increase resilience and after practices to ; (IV) in subparagraph (E) (as so redesignated), by inserting and practices after systems ; and (V) in subparagraph (F) (as so redesignated), by striking integrated and all that follows through programs and inserting policies and programs to improve food and agricultural system resilience ; and (C) by striking subsections (b), (c), and (d) and inserting the following: (b) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (2) Discretionary funding There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2022 through 2030. . (2) Conforming amendment The chapter heading of chapter 2 of subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 ) is amended to read as follows: Agricultural and food system resilience initiative . 204. Sustainable agriculture technology development and transfer program (a) Technical guides and books Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5831 ) is amended— (1) in subsection (d)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) adapting to and mitigating the effects of climate change; ; and (2) in subsection (e), by striking Soil Conservation and inserting Natural Resources Conservation . (b) National training program Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832 ) is amended— (1) in subsection (g)— (A) in paragraph (5), by striking Soil Conservation Service and the Agricultural Stabilization and Conservation Service and inserting Natural Resources Conservation Service and the Farm Service Agency ; (B) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (C) by inserting after paragraph (9) the following: (10) develop and provide information concerning climate change adaptation and mitigation developed under this subtitle and other research and education programs of the Department; ; (2) in subsection (h), by striking Soil Conservation Service and inserting Natural Resources Conservation Service ; and (3) in subsection (i), by striking 2023 and inserting 2021, and $30,000,000 for each of fiscal years 2022 through 2030 . 205. Long-Term Agroecological Network Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7624 et seq.) is amended by inserting after section 401 (as added by section 202) the following: 402. Long-Term Agroecological Network (a) In general (1) Establishment The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the Long-Term Agroecological Research Network (referred to in this section as the Network ). (2) Goals The Network shall have the following goals: (A) To understand and enhance the sustainability of agriculture. (B) To integrate research projects with common measurements on multiple agroecosystems, such as cropland, rangeland, and pastureland. (C) To develop new farming systems, practices, and technologies to address agricultural challenges and opportunities, including challenges and opportunities posed by climate change. (b) Activities described The activities of the Network shall include— (1) research conducted for a minimum of 30 years to develop novel scientific insights at regional and national scales and evaluate the applicability of and adaptation to local conditions; (2) the establishment and maintenance of multiple sites or research centers that capture the diversity of agricultural production systems that function as a network; and (3) the coordination of large-scale data collection relating to the sustainability of agricultural systems and the provision of infrastructure to research sites to allow for analyzing and disseminating that data. (c) Coordination of research The Secretary shall, in carrying out subsection (a)— (1) coordinate long-term agroecological research to improve understanding within the Department of how agroecosystems function at the field, regional, and national scales; (2) designate research sites for inclusion in the Network that are representative of major agricultural regions; (3) ensure that each research site included in the Network conducts experiments with common goals and methods— (A) to increase agricultural productivity and profitability; (B) to enhance agricultural resilience and the capacity to mitigate and adapt to climate change; (C) to boost the provision of ecosystem services from agricultural landscapes; and (D) to improve opportunities for rural communities; (4) make data collected at research sites included in the Network open to researchers and the public whenever practicable, and integrate data across the network and partner sites; and (5) provide infrastructure to research sites included in the Network for data collection, common measurements, and data streams that complement other national networks, such as the National Ecological Observatory Network and the Long-Term Ecological Research network. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. . 206. Public breed and cultivar research (a) In general The Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Definitions In this section: (A) Conventional breeding The term conventional breeding means the development of a new variety of an organism through controlled mating and selection without the use of transgenic methods, but which may include the use of information gained through gene sequencing, genomic, and metabolomics analyses to inform mating and selection choices. (B) Cultivar The term cultivar means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species. (C) Public breed and cultivar The term public breed and cultivar means an animal breed or crop cultivar— (i) that is the commercially available end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) for which the rights of farmers to save and use, and rights of breeders to share and improve, are protected. ; and (2) by adding at the end the following: (l) Public breed and cultivar development funding (1) In general Of the amount of grants made under subsections (b) and (c), the Secretary shall ensure that not less than the following amounts are used for competitive research grants that support the development of public breeds and cultivars: (A) $50,000,000 for fiscal year 2022. (B) $60,000,000 for fiscal year 2023. (C) $70,000,000 for fiscal year 2024. (D) $80,000,000 for fiscal year 2025. (E) $90,000,000 for fiscal year 2026. (F) $100,000,000 for each of the fiscal years 2027 through 2030. (2) Priority In making grants for the purpose described in paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of public breeds and cultivars that assist producers in mitigating and adapting to climate change. (3) Grants The Secretary shall ensure that— (A) the term of any competitive grant made under subsection (b) for the purpose described in paragraph (1) is not less than 5 years; (B) that term and any associated renewal process facilitates the development and commercialization of public breeds and cultivars through long-term grants; and (C) when necessary, Tribal consultation occurs to ensure public breed and cultivar development does not infringe on the abilities of Tribes to maintain culturally sensitive breeds and cultivars. . (b) Public breed and cultivar research activities coordinator (1) In general Section 251 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971 ) is amended— (A) in subsection (e), by adding at the end the following: (7) Public breed and cultivar research activities coordinator (A) In general The Under Secretary shall appoint a coordinator within the Office of the Chief Scientist that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(a) )). (B) Duties of Coordinator The coordinator appointed under subparagraph (A) shall— (i) coordinate animal and plant breeding research activities funded by the Department relating to the development and delivery to producers of climate resilient and regionally adapted public breeds and crop cultivars; (ii) (I) carry out ongoing analysis and track activities for any Federal research funding supporting animal and plant breeding (including any public breeds and cultivars developed with Federal funds); and (II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; (iii) develop a strategic plan that establishes targets for public breed and cultivar research investments across the Department to ensure that a diverse range of animal and crop needs are being met in a timely and transparent manner, with a strong focus on delivery of resource-efficient, stress-tolerant, regionally adapted animal breeds and crop cultivars that— (I) help build agricultural resilience to climate change; and (II) support on-farm carbon sequestration and greenhouse gas mitigation, nutritional quality, and other farmer-identified priority agronomic and market traits; (iv) convene a working group to carry out the coordination functions described in this subparagraph composed of individuals who are responsible for the management, administration, or analysis of public breeding programs within the Department from— (I) the National Institute of Food and Agriculture; (II) the Agricultural Research Service; and (III) the Economic Research Service; (v) to maximize delivery of public breeds and cultivars, promote collaboration among— (I) the coordinator; (II) the working group convened under clause (iv); (III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5843 ); (IV) genetic resource conservation centers; (V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); (VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) )); (VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) )); (VIII) Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (IX) nongovernmental organizations with interest or expertise in public breeding; and (X) public and private plant breeders; (vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public breed and cultivar research activities across the Department; and (vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges, including the challenges stemming from climate change. ; and (B) in subsection (f)(1)(D)(i), by striking ( 7 U.S.C. 450i(b) ) and inserting ( 7 U.S.C. 3157(b) ) . (2) Conforming amendment Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(6)(B) ) is amended by striking Scientist; and and inserting Scientist (including the public breed and cultivar research activities coordinator under subsection (e)(7) of that section); and . (c) Public breed and cultivar development Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5921 et seq.) is amended by adding at the end the following: 1681. Public breed and cultivar development (a) Funding The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the Secretary ) and in conjunction with the Director of the National Genetic Resources Program appointed under section 1633, shall support the development of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(a) )) by Federal researchers. (b) Priority In supporting research under subsection (a) using funds made available pursuant to subsection (d), the Secretary shall give priority to high-potential research projects that lead to the release of public breeds and cultivars that assist producers in mitigating and adapting to climate change. (c) Report Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public breed and cultivar research funded by the Agricultural Research Service and the National Institute of Food and Agriculture, including— (1) a list of public breeds and cultivars developed and released in a commercially available form; (2) areas of high-priority research; (3) identified research gaps relating to public breed and cultivar development, including newly emerging needs stemming from climate change; and (4) an assessment of the state of commercialization for breeds and cultivars that have been developed. (d) Funding Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section. . 207. ARS Climate Scientist Career Development Program (a) In general The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 2279c ), carry out an internship program within the Agricultural Research Service for graduate students pursuing a degree or conducting research relating to climate change and agriculture. (b) Funding Of the funds of the Commodity Credit Corporation, the Secretary may use to carry out the program described in subsection (a) not more than $10,000,000 for each of fiscal years 2022 through 2030. 208. Agricultural Climate Adaptation and Mitigation through AFRI Subsection (b)(2) of the Competitive, Special, and Facilities Grant Act ( 7 U.S.C. 3157(b)(2) ) is amended by adding at the end the following: (G) Agricultural climate adaptation and mitigation Agricultural climate adaptation and mitigation, including— (i) strategies for agricultural adaptation to climate change, including adaptation strategies for small and medium-sized dairy, livestock, crop, and other commodity operations; (ii) on-farm mitigation strategies and solutions, including infrastructure, equipment, and agricultural ecosystems-based strategies; (iii) the economic costs, benefits, effectiveness, and viability of producers adopting conservation practices and technologies designed to improve soil health, including carbon sequestration in soil; (iv) the effectiveness of existing conservation practices and enhancements to improve soil health, including the effectiveness in sequestering carbon in soil; (v) new technologies to measure and verify environmentally beneficial outcomes of healthy soils practices, including carbon sequestration in soil; and (vi) links between human health and soil health. . 209. Specialty crop research initiative Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting , multi-crop production systems, after specific crops ; (B) in paragraph (4)(E), by striking and at the end; (C) in paragraph (5), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (6) efforts to mitigate and adapt to climate change, including— (A) on-farm mitigation strategies and solutions, including agricultural ecosystems-based strategies; (B) conservation practices and technologies designed to improve soil health, including practices and technologies that sequester carbon in soil; and (C) breeding research and cultivar development to help adapt to climate change. ; and (2) in subsection (g)(3)(A), by striking equal to not less than the amount of the grant and inserting in an amount that is equal to not less than 25 percent of the funds provided through the grant . 210. Integrated pest management Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 ) is amended— (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: (d) Emphasis on climate resilience The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. (e) Ecologically based pest management The Secretary shall ensure that grants made under this section to support pest management prioritize ecologically based approaches that— (1) are effective, affordable, and environmentally sound; (2) maintain agricultural productivity and healthy communities; and (3) improve climate resilience. . 211. National Academy of Sciences study (a) Study The Secretary, in consultation with the Secretary of Health and Human Services, shall enter into an agreement with the National Academy of Sciences, under which the National Academy agrees to produce an analysis of current scientific findings to determine the links between human health and soil health by— (1) reviewing existing research on the connections between the human microbiome and soil microbiome; (2) identifying linkages between soil management practices and the nutrient density of foods for human consumption; (3) exploring the potential impact of increasing soil organic matter across the agricultural and food value chain; (4) determining how to best leverage healthy soil management practices to maximize benefits and minimize adverse impacts on human health; and (5) highlighting areas for future research. (b) Report The agreement under subsection (a) shall include a requirement that the National Academy of Sciences shall, not later than 2 years after the date of enactment of this Act, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study conducted pursuant to subsection (a). 212. Appropriate technology transfer for rural areas program Section 310B(i)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(i)(2) ) is amended— (1) in subparagraph (C), by striking and at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) increase resilience by adapting to and mitigating the effects of climate change; and . III Soil Health 301. Crop insurance (a) Voluntary good farming practices Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(3)(A)(iii) ) is amended— (1) by striking including scientifically and inserting the following: including— (I) scientifically ; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (II) conservation practices and enhancements that are approved by— (aa) the Natural Resources Conservation Service; or (bb) an agricultural expert, as determined by the Secretary. . (b) Risk-Reduction-Based discounts Section 508(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Risk-reduction based discount (A) In general Effective beginning with the 2022 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). (B) Risk-reduction farming practices For purposes of subparagraph (A), a risk-reduction farming practice may include any of the following: (i) The use of a cover crop. (ii) A resource-conserving crop rotation. (iii) Management-intensive rotational grazing. (iv) Composting. (v) Any other risk-reducing and soil health-promoting farming practice, as determined by the Corporation. . (c) Crop production on native sod applicability (1) Application to certain States Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) ) is amended by striking paragraph (3). (2) Effective date The amendment made by paragraph (1) shall take effect on the first day of the first reinsurance year that begins after the date that is 1 year after the date of enactment of this Act. 302. Environmental quality incentives program (a) Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa ) is amended— (1) in the matter preceding paragraph (1), by striking and environmental quality and inserting environmental quality, and climate change adaptation and mitigation ; (2) in paragraph (1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by adding and at the end; and (C) by adding at the end the following: (D) greenhouse gas emissions reduction and carbon sequestration; ; (3) in paragraph (3)(C), by inserting reducing greenhouse gas emissions and before conserving energy ; and (4) in paragraph (4), by inserting climate change and before increasing weather volatility . (b) Definitions Section 1240A(6)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(B) ) is amended— (1) in clause (v), by striking and at the end; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following: (vi) greenhouse gas emissions reduction planning; and . (c) Establishment and administration of environmental quality incentives program (1) Establishment Section 1240B(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(a) ) is amended by striking 2023 and inserting 2030 . (2) Payments Section 1240B(d)(7)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7)(A) ) is amended— (A) in clause (iii), by striking ; or and inserting a semicolon; (B) in clause (iv), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (v) increases carbon sequestration or reduces greenhouse gas emissions. . (3) Allocation of funding Section 1240B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f) ) is amended— (A) by striking 2023 each place it appears and inserting 2030 ; (B) in paragraph (1), by striking including grazing management and inserting of which not less than 2/3 shall be targeted at practices relating to grazing management ; and (C) in paragraph (2), in the heading of subparagraph (B), by striking 2023 and inserting 2030 . (4) Payments for conservation practices related to organic production Section 1240B(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(i) ) is amended— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (5) Conservation incentive contracts Section 1240B(j) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(j) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting , which may include climate change adaptation and mitigation, after priority resource concerns ; and (ii) in subparagraph (B), by inserting , which may include climate change adaptation and mitigation before the period at the end; and (B) in paragraph (2)— (i) in subparagraph (A)(ii)— (I) in subclause (I), by striking or at the end; (II) in subclause (II), by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (III) funding, through annual payments, for a suite of incentive practices that are appropriate for the region and land use and that best enhance soil health and carbon sequestration and reduce greenhouse gas emissions, as determined by the Secretary. ; and (ii) by striking subparagraph (B) and inserting the following: (B) Term (i) In general A contract under this subsection shall have a term of not less than 5, and not more than 10, years. (ii) Graduation option The Secretary may reduce the term for a contract under this subsection if the producer enters into a conservation stewardship contract under section 1240K with respect to the eligible land that is subject to the contract under this subsection. . (d) Environmental quality incentives plan Section 1240E(a)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–5(a)(3) ) is amended by inserting , and a greenhouse gas emissions reduction plan after if applicable . (e) Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 ) is amended by striking Not including payments and all that follows through 2023 and inserting A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, cost-share or incentive payments under this subchapter that, in aggregate, exceed $450,000 for all contracts entered into under this subchapter by the person or legal entity during any 5-fiscal-year period . (f) Conservation innovation grants (1) Air quality concerns from agricultural operations Section 1240H(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(b) ) is amended— (A) in paragraph (1)— (i) by striking practices to address in the first sentence and all that follows through The funds in the second sentence and inserting the following: “practices— (i) to address air quality concerns from agricultural operations; and (ii) to meet Federal, State, and local— (I) regulatory requirements; and (II) goals with respect to greenhouse gas emissions reductions. (B) Basis of availability and use Funds for payments under subparagraph (A) ; and (ii) in the matter preceding clause (i) (as so designated), by striking The Secretary and inserting the following: (A) In general The Secretary ; and (B) in paragraph (2), by striking 2019 through 2023 and inserting 2019 through 2021, and $50,000,000 for each of fiscal years 2022 through 2030 . (2) On-farm conservation innovation trials Section 1240H(c)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(c)(2) ) is amended, in the matter preceding subparagraph (A), by striking 2019 through 2023 and inserting 2019 through 2021, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2022 and 2023, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 through 2030 . 303. Conservation stewardship program (a) Definitions Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, after practices, ; and (B) in subparagraph (B)(v), by inserting and climate change before the period at the end; and (2) in paragraph (3)(C), by inserting maintained, actively after implemented, . (b) Conservation Stewardship Program Section 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 2023 and inserting 2030 ; and (2) by striking paragraphs (1) and (2) and inserting the following: (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities. . (c) Stewardship contracts (1) Submission of contract offers Section 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) ) is amended by striking improving, maintaining, and managing and inserting maintaining, actively managing, and, where practicable, improving . (2) Evaluation of contract offers Section 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) ) is amended— (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed. ; and (B) by striking paragraph (3). (3) Contract renewal Section 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) ) is amended— (A) in paragraph (3)— (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ; or at the end and inserting , if applicable. ; and (iii) by striking period— in the matter preceding subparagraph (A) and all that follows through to meet in subparagraph (A) and inserting period, to meet ; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary and inserting the following: (1) In general The Secretary ; and (D) by adding at the end the following: (2) Ranking and payments In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including— (A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and (B) the active management and maintenance of ongoing conservation activities, including— (i) the conservation activities adopted during a prior contract period; and (ii) the new or improved conservation activities to be adopted if a contract is renewed. . (d) Duties of the Secretary (1) Climate change adaptation and mitigation Section 1240L(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(a)(2) ) is amended by inserting (which may include climate change adaptation and mitigation) after priority resource concerns . (2) Conservation stewardship payments Section 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract after activities ; and (ii) in subparagraph (B), by striking improving, maintaining, and managing and inserting maintaining, actively managing, and improving ; (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic system, resource-conserving cropping system, or perennial production system; or (IV) acreage converted to conservation uses. ; and (ii) in subparagraph (E), by inserting , actively managed, and, where applicable, improved after maintained ; and (C) by adding at the end the following: (6) Payments for conservation activities related to organic production systems (A) In general The Secretary shall provide payments under this subsection for conservation activities relating to— (i) organic production; and (ii) transitioning to organic production. (B) Conservation activities Conservation activities described in subparagraph (A) may include— (i) generally available and specifically tailored conservation activities; and (ii) individual conservation activities and bundles of conservation activities. (7) Minimum payment The amount of an annual payment under the program shall be not less than $2,000. . (3) Supplemental payments Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (A) in the subsection heading, by inserting , perennial production systems, after rotations ; (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system The term perennial production system means— (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops. ; (C) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) a perennial production system. ; and (D) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or a perennial production system . (4) Payment for comprehensive conservation plan Section 1240L(e)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(e)(1) ) is amended— (A) by striking the period at the end and inserting the following: “; and (B) with respect to an organic production system— (i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq.); or (ii) allows a producer to transition to organic production systems and pursue certification under that Act. ; and (B) in the matter preceding subparagraph (B) (as added by subparagraph (A)), by striking plan that meets and inserting the following: “plan that— (A) meets . (5) Payment limitations Section 1240L(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(f) ) is amended— (A) by inserting (including a joint venture and a general partnership) after A person or legal entity ; and (B) by striking fiscal years 2019 through 2023 and inserting any consecutive 5-fiscal-year period . (6) Specialty crop and organic producers Section 1240L(g) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(g) ) is amended by inserting , and producers transitioning to organic production systems, after organic producers . (7) Soil health Section 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) ) is amended by striking the period at the end and inserting the following: , including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities. . (e) On-Farm conservation stewardship innovation grants Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 et seq.) is amended by adding at the end the following: 1240L–2. On-farm conservation stewardship innovation grants (a) Definition of agricultural professional In this section, the term agricultural professional means a university researcher or educator, including an extension agent or specialist, Federal agency field staff, an agricultural consultant, State and local agency staff, Tribal agency staff, a Federally-Recognized Tribes Extension Program agent, and nonprofit organization staff assisting farmers and ranchers at the local level. (b) Grants Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. (c) Participants The Secretary shall provide grants under this section— (1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or (2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. (d) Use An entity that receives a grant under this section directly or through a partnership in accordance with subsection (c) shall carry out an on-farm conservation innovation project that— (1) facilitates on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; (2) facilitates on-farm research and demonstration or pilot testing of practices and systems with a proven high impact for greenhouse gas emissions reduction and decarbonization and low national or regional adoption rates; or (3) helps to prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. (e) Incentive payments (1) Agreements (A) In general In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on whose land an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. (B) Amount Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. (2) Adjusted gross income requirements (A) In general Adjusted gross income requirements under section 1001D(b)(1) shall— (i) apply to producers receiving payments under this subsection; and (ii) be enforced by the Secretary. (B) Reporting A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. (3) Research, technical assistance, and administrative expenses The Secretary may provide to a partnership described in paragraph (1)(A) not more than $50,000 for each on-farm conservation innovation project for research, technical assistance, and administrative expenses. (4) Length of agreements An agreement entered into under paragraph (1)(A) shall be for a period determined by the Secretary that is— (A) not less than 2 years; and (B) if appropriate, more than 2 years, including if the longer period is appropriate to support— (i) adaptive management over multiple crop years; and (ii) adequate data collection and analysis by an agricultural operation or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary. 1240L–3. Contributions and contribution agreements (a) Contributions In carrying out the program, the Secretary may accept financial or other contributions from individuals and public and private entities, if the Secretary determines that the contributions will further the purposes of the program. (b) Types of support Contributions described in subsection (a) may include support for conservation activities to sequester carbon, reduce greenhouse gas emissions, and achieve other related environmental benefits. (c) Considerations In determining whether to accept a contribution under this section, the Secretary shall consider whether the contribution would target support to 1 or more of the following: (1) Resource-conserving crop rotations, advanced grazing management, or perennial production systems. (2) Cover crop activities. (3) Organic production systems. (4) Beginning farmers and ranchers, socially disadvantaged farmers and ranchers, or other underserved producers. (d) Agreements Any contribution under this section shall be made subject to an agreement— (1) between the contributing individual or public or private entity and the Secretary; and (2) containing such terms and conditions as the Secretary may require. . 304. State assistance for soil health Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb et seq.) is amended by adding at the end the following: 1240S. State assistance for soil health (a) Availability and purpose of grants Using funds made available under subsection (k), the Secretary shall make grants to States or Tribal governments for each of fiscal years 2022 through 2030 to be used by State departments of agriculture or appropriate Tribal authorities to develop and implement plans to improve soil health on agricultural land. (b) Application (1) In general A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. (2) Use of funds A State or Tribal government may request funds under this section— (A) to develop or modify a State or Tribal soil health plan; or (B) to implement a State or Tribal soil health plan approved by the Secretary under this section, including through— (i) technical assistance; (ii) financial assistance; (iii) on-farm research and demonstration; (iv) education, outreach, and training; (v) monitoring and evaluation; or (vi) such other activities as the Secretary determines to be appropriate. (3) Plan components Prior to approving a State or Tribal soil health plan, the Secretary shall ensure that the plan, at a minimum— (A) is broadly consistent with the soil health principles of the Natural Resources Conservation Service; and (B) identifies effective strategies for increasing adoption of regionally appropriate soil health practices and systems on privately owned agricultural land under the jurisdiction of the applicable State or Tribal government. (4) Eligibility A State or Tribal government may— (A) apply for a grant for the purposes described in paragraph (2)(A) at any time; and (B) apply for a grant for the purposes described in paragraph (2)(B) on approval by the Secretary of a soil health plan for the State or Tribal government. (c) Tribal option At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. (d) Grant amount (1) Maximum The maximum grant any 1 State or Tribal government may receive under this section for a fiscal year shall be— (A) in the case of a grant for the purposes described in subsection (b)(2)(A), $1,000,000; and (B) in the case of a grant for the purposes described in subsection (b)(2)(B), $5,000,000. (2) Federal share (A) Grants to States The amount of a grant to a State under this section shall not exceed— (i) 75 percent of the cost of developing or modifying a soil health plan; or (ii) 50 percent of the cost of implementing the soil health plan. (B) Grants to Tribes The amount of a grant to a Tribal government under this section shall not exceed— (i) 90 percent of the cost of developing or modifying a soil health plan; or (ii) 75 percent of the cost of implementing the soil health plan. (3) Non-Federal funds A grant made under this section shall be made on the condition that the non-Federal share of expenditures under paragraph (2) be provided by non-Federal sources. (e) Grant term A grant under this section shall be for 1 year and may be renewed annually, at the discretion of the Secretary. (f) Priority The Secretary shall give priority to States or Tribal governments with a climate action plan that includes soil health, as determined by the Secretary. (g) Performance measures and evaluation (1) Performance measures Each application under subsection (b) shall include performance measures to be used to evaluate the results of the assistance received under this section. (2) Review Each applicable State department of agriculture or Tribal authority shall submit to the Secretary a review and evaluation of the progress of the State department of agriculture or Tribal authority, using the performance measures under paragraph (1), at such intervals as the Secretary shall establish. (h) Effect of noncompliance If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. (i) Audit requirement For each year that a State or Tribal government receives a grant under this section, the State or Tribal government shall— (1) conduct an audit of the expenditures of grant funds by the State or Tribal government; and (2) not later than 30 days after the completion of the audit under paragraph (1), submit to the Secretary a copy of the audit. (j) Administration (1) Department The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. (2) States and Tribes A State or Tribal government receiving a grant under this section may not use more than 7 percent of the funds received under the grant for a fiscal year for administrative expenses. (k) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to make grants under this section— (1) $60,000,000 for each of fiscal years 2022 through 2023; (2) $80,000,000 for each of fiscal years 2024 through 2026; and (3) $100,000,000 for fiscal year 2027 and each fiscal year thereafter. . 305. Funding and administration (a) Commodity Credit Corporation (1) Annual funding Section 1241(a) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a) ) is amended— (A) in the matter preceding paragraph (1), by striking For each of fiscal years 2014 through 2023, the Secretary and inserting The Secretary ; (B) in paragraph (1)— (i) in subparagraph (A), by inserting , and $17,000,000 for the period of fiscal years 2024 through 2030, after 2023 ; and (ii) in subparagraph (B), by inserting and $70,000,000 for the period of fiscal years 2024 through 2030, including not more than $5,000,000 to provide outreach and technical assistance, after technical assistance, ; (C) in paragraph (2)— (i) in subparagraph (E), by striking and at the end; (ii) in subparagraph (F), by striking 2023. and inserting 2022; and ; and (iii) by adding at the end the following: (G) $700,000,000 for each of fiscal years 2023 through 2030. ; and (D) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (iv), by striking and at the end; and (II) by adding at the end the following: (vi) $3,000,000,000 for each of fiscal years 2024 through 2030; and ; and (ii) in subparagraph (B)— (I) in clause (iii), by striking $750,000,000 and inserting $2,000,000,000 ; (II) in clause (iv), by striking $800,000,000 for fiscal year 2022; and and inserting $2,500,000,000 for fiscal year 2022; ; (III) in clause (v), by striking $1,000,000,000 for fiscal year 2023. and inserting $3,000,000,000 for fiscal year 2023; and ; and (IV) by adding at the end the following: (vi) $4,000,000,000 for each of fiscal years 2024 through 2030. . (2) Availability of funds Section 1241(b) of the Food Security Act of 1985 ( 16 U.S.C. 3841(b) ) is amended by striking 2023 and inserting 2030 . (3) Technical assistance Section 1241(c) of the Food Security Act of 1985 ( 16 U.S.C. 3841(c) ) is amended by adding at the end the following: (5) Special initiative (A) In general Beginning in fiscal year 2022, and each year thereafter through fiscal year 2030, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). (B) Provision of technical assistance The Secretary shall provide technical assistance under the special initiative under this paragraph to producers— (i) directly; (ii) (I) through an agreement with a third-party provider (as defined in section 1242(a)); or (II) at the option of the producer, through a payment, as determined by the Secretary, to the producer for a third-party provider approved under section 1242, if available; or (iii) through a cooperative agreement or contract with— (I) a cooperative extension; (II) a nongovernmental organization; or (III) a State, Tribal, or Federal agency. (C) Underserved producers In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2). . (4) Assistance to certain farmers or ranchers for conservation access Section 1241(h) of the Food Security Act of 1985 ( 16 U.S.C. 3841(h) ) is amended— (A) in paragraph (1)(B), by striking to the maximum extent practicable— and all that follows through the period at the end of clause (ii) and inserting to the maximum extent practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers. ; and (B) in paragraph (2), by striking 2023 and inserting 2030 . (b) Administrative requirements for conservation programs (1) Incentives for certain farmers and ranchers and Indian tribes Section 1244(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3844(a)(1) ) is amended— (A) in subparagraph (A), by striking and at the end; and (B) by striking subparagraph (B) and inserting the following: (B) to establish a new generation of producers who use the full array of climate-friendly conservation activities that reduce greenhouse gas emissions, increase soil carbon, and improve resilience to weather extremes; and (C) to enhance other long-term environmental goals. . (2) Review and guidance for practice costs and payment rates Section 1244(j)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3844(j)(1)(B) ) is amended— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2021 . . (3) Advanced grazing management Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 ) is amended by adding at the end the following: (q) Advanced grazing management (1) In general In carrying out any conservation program administered by the Secretary, the Secretary shall encourage advanced grazing management, including management-intensive rotational grazing (as those terms are defined in section 1240L(d)(1)). (2) Reservation of funds In each of fiscal years 2022 through 2030, the Secretary shall use to carry out this subsection not less than 2/3 of any funds available for activities relating to livestock production under conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D, except for acres enrolled in that program under section 1231(d)(2)). . (c) Environmental services markets Section 1245 of the Food Security Act of 1985 ( 16 U.S.C. 3845 ) is amended by adding at the end the following: (f) Soil health and greenhouse gas Federal advisory committee (1) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee, to be known as the Soil Health and Greenhouse Gas Federal Advisory Committee (referred to in this subsection as the advisory committee ). (2) Membership In carrying out paragraph (1), the Secretary shall appoint members to the advisory committee that— (A) reflect diversity in gender, age, race, and geography; and (B) include— (i) farmers and ranchers, including farmers and ranchers operating small and mid-sized farms; (ii) organizations representing farmers and ranchers, including organizations representing farmers and ranchers operating small and mid-sized farms; (iii) scientists; (iv) environmental nonprofit organizations; (v) existing private sector carbon and ecosystem services market development initiatives; (vi) businesses working to reduce greenhouse gas emissions from agriculture in the supply chains of the businesses; (vii) relevant Federal agencies; (viii) youth engaged in the agriculture or food sector; (ix) Tribal communities; and (x) State agriculture agencies. (3) Terms (A) Term length The term of a member of the advisory committee shall be 2 years. (B) Reappointment The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. (4) Meetings The advisory committee shall meet— (A) not fewer than 4 times in the first year after the advisory committee is established; and (B) not less frequently than twice annually thereafter. (5) Recommendations Not later than 1 year after the date on which the advisory committee is established, and periodically thereafter, the advisory committee shall submit to the Secretary recommendations on— (A) the feasibility of establishing reliable outcomes-based measurement systems, as described in subsection (g); (B) existing technology that provides reliable measurement data; (C) with respect to parameters for which existing technology does not provide reliable measurement data, research and technical needs and, as appropriate, goals and plans for that research; (D) standards for data collection and dissemination; (E) farmer data management and privacy; (F) greenhouse gas emissions and soil health inventories and databases, as described in subsection (h); and (G) criteria for soil health and greenhouse gas emissions reductions payments and environmental markets, as described in subsection (i). (g) Measurement system (1) Purpose The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems— (A) can be implemented quickly; (B) can improve in accuracy and ease over time; (C) use the best available science and technology; and (D) are cost-effective. (2) Guidance Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue guidance on the outcomes-based measurement systems evaluated under paragraph (1), based on— (A) recommendations from the advisory committee established under subsection (f); and (B) information from— (i) agroecosystem models, including COMET Farm and COMET Farm Planner; (ii) remote sensing data and analysis, including the Operational Tillage Information System; (iii) soil health demonstration trials carried out under section 1240H(c)(7); (iv) existing and emerging public and private environmental services protocols, measurement systems, and benchmarks; and (v) field-level measurement. (3) Review The Secretary, based on recommendations from the advisory committee established under subsection (f), shall— (A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; (B) conduct a periodic review of that system; (C) periodically make any necessary updates to that system; and (D) establish research and development goals and plans, as necessary. (h) Inventory (1) In general Not later than 18 months after the date of enactment of this subsection, and every 2 years thereafter, the Secretary, in consultation with the advisory committee established under subsection (f) and the Administrator of the Environmental Protection Agency, shall conduct a nationwide soil health and agricultural greenhouse gas emissions inventory that uses the best available science and data to establish expected average performance for soil carbon drawdown and storage and greenhouse gas emissions reduction by primary production type and production region. (2) Database The Secretary shall— (A) establish an accessible and interoperable database for the information collected through the inventory conducted under paragraph (1); and (B) improve and update that database not less frequently than once every 2 years as new data is collected. (i) Criteria (1) In general The Secretary, in consultation with the advisory committee established under subsection (f), shall establish criteria for payments, credits, or other forms of incentives to inform policy and markets established to promote soil carbon sequestration or greenhouse gas emissions reductions. (2) Requirements The criteria established under paragraph (1) shall— (A) have a documented likelihood to lead to long-term net increases in soil carbon sequestration and net reductions in greenhouse gas emissions, according to the best available science; (B) be based in part on environmental impact modeling of the changes of shifting from baseline agricultural practices to new or improved agricultural practices; and (C) be designed to prevent the degradation of other natural resource or environmental conditions. (j) Demonstration trials (1) In general The Secretary shall periodically review the results from soil health demonstration trials carried out under section 1240H(c)(7), and other similar public and private demonstration trials that the Secretary determines to be appropriate, to inform the activities under subsections (g), (h), and (i). (2) Recommendations In submitting reports pursuant to section 1240H(c)(7)(C)(ii), the Secretary shall include any recommendations to Congress for changes or additions to the conservation programs under this Act that the Secretary determines to be appropriate to accelerate net increases in soil carbon sequestration and other improvements in soil health. . 306. Study and report on feasibility of agricultural carbon capture tax credit (a) Study The Secretary of the Treasury (referred to in this section as the Secretary ), in coordination with the Secretary of Agriculture, shall conduct a study of the feasibility of developing a credit against Federal taxes to incentivize carbon capture on farms and ranches. (b) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study described in subsection (a), including whether or not to proceed with the development of the tax credit described in such subsection and, if so, detailed recommendations for— (1) which taxpayers should be eligible for the credit; (2) methods for measuring (if feasible) or estimating baseline soil carbon conditions on a farm or ranch; (3) methods for measuring (if feasible) or estimating the amount of soil carbon sequestered or abated on a farm or ranch; (4) incentivizing early adoption of carbon capture practices; (5) the number of years a taxpayer should be eligible for the credit; (6) establishing rules for recapture in instances in which carbon capture ceases or carbon is not retained in soil; (7) establishing rules for recapture if ownership of land is transferred; (8) setting the dollar value of the credit; (9) setting phase outs for credit eligibility; (10) establishing certification requirements for carbon capture; (11) establishing rules for attributing the credit to a taxpayer; (12) establishing rules for carrying over unused credits; and (13) such other provisions as the Secretary determines necessary. 307. Conservation compliance (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended— (1) in paragraph (3)— (A) by striking highly erodible each place it appears; and (B) in subparagraph (B), by striking and conservation treatment measures and inserting crop rotation and cover crop systems, and other relevant conservation treatment measures ; (2) in paragraph (4)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B)— (i) by striking or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland and inserting and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland ; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) are designed to achieve, within 5 years of actively applying a conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and (D) are designed to effectively prevent the formation of new, or treat all existing, ephemeral gullies. ; and (3) in paragraph (11)(A)(ii), by striking excessive average annual rate of erosion in relation to and inserting average annual rate of erosion exceeding twice . (b) Cropland conservation (1) Program ineligibility Section 1211 of the Food Security Act of 1985 ( 16 U.S.C. 3811 ) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking produces an agricultural commodity and all that follows through as determined by the Secretary and inserting carries out an activity described in subsection (b), as determined by the Secretary, ; and (ii) in paragraph (1)(D), by inserting cropland or before highly erodible land ; (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: (b) Activities described Activities referred to in subsection (a) are— (1) the production of an agricultural commodity on a field on which highly erodible land is predominant; (2) the designation of land on which highly erodible land or cropland is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity; and (3) the production of an agricultural commodity without having in place a conservation plan. ; and (D) in subsection (c) (as so redesignated), by striking the heading and inserting Authority of Secretary .— . (2) Exemptions Section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 ) is amended— (A) in subsection (a)(3), in the first and second sentences, by striking only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than and inserting be required to apply a conservation plan established under this subtitle consistent with ; and (B) in subsection (f)(4)(A)— (i) in clause (i), by striking highly erodible ; and (ii) in clause (ii)(II), by inserting and soil health after erosion control . (3) Conforming amendment Subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq.) is amended in the subtitle heading by striking Highly Erodible Land and inserting Cropland . 308. National and regional agroforestry centers Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 16 U.S.C. 1642 note; Public Law 101–624 ) is amended— (1) by striking the section heading and inserting National and regional agroforestry centers ; (2) by striking subsection (a) and inserting the following: (a) National and Regional Agroforestry Centers (1) In general The Secretary of Agriculture (referred to in this section as the Secretary )— (A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a Semiarid Agroforestry Research, Development, and Demonstration Center; and (B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. (2) National and Regional Directors The Secretary shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (b). ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Center and inserting Centers established under subparagraphs (A) and (B) of subsection (a)(1) (referred to in this section as the Centers ) ; (B) in paragraph (1), by striking on semiarid lands that and inserting that build soil health and ; (C) in paragraph (3), by striking from semiarid land ; (D) in paragraph (4)— (i) by striking in semiarid regions ; and (ii) by striking the Great Plains region and inserting particular regions ; (E) by striking paragraph (6) and inserting the following: (6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity; ; (F) in paragraph (7), by striking on semiarid lands ; (G) in paragraph (8), by striking on semiarid lands worldwide and inserting worldwide, including on semiarid land ; and (H) in paragraph (9)— (i) by striking on semiarid lands ; and (ii) by inserting and climate change after pollution ; (4) in subsection (c), in the matter preceding paragraph (1), by striking Center and inserting Centers ; and (5) in subsection (d), by striking through 2023 and inserting through 2021 and $25,000,000 for each of fiscal years 2022 through 2030 . IV Farmland Preservation and Farm Viability 401. Local Agriculture Market Program Section 210A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c ) is amended— (1) in subsection (a)(12)(A)— (A) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (iii) the following: (iv) is produced and marketed in a manner that significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; (v) when added to the crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the semicolon at the end and inserting , including value-added agricultural products from crops or animals that, when added into crop or grazing rotations on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; and ; and (iii) by adding at the end the following: (D) markets for agricultural commodities and products produced in a manner that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; (B) in paragraph (3)— (i) by striking and local and inserting , local ; and (ii) by inserting , and production and marketing approaches to significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions before the semicolon at the end; (C) in paragraph (5), by striking and at the end; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: (6) enhances the economic viability of producers and related agricultural enterprises; and ; (3) in subsection (d)— (A) in paragraph (1), by striking subsection (i) and inserting subsection (j) ; (B) in paragraph (2)— (i) in subparagraph (C)— (I) in clause (i), by striking and at the end; (II) in clause (ii), by adding and at the end; and (III) by adding at the end the following: (iii) agricultural commodities and products that are produced and marketed in a manner that— (I) significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or (II) when added to a crop or grazing rotation on a farm will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; and (ii) in subparagraph (F), by striking producers of local food products and value-added agricultural products in new and existing markets and inserting the following: “producers of— (i) local food products; (ii) value-added agricultural products in new and existing markets; and (iii) agricultural commodities and products that are produced in a manner that— (I) enhances soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or (II) when added to a crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ; and (C) in paragraph (5)(A), by inserting and the Chief of the Natural Resources Conservation Service before the period at the end; (4) in subsection (e)(2)(A), by striking subsection (i) and inserting subsection (j) ; (5) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; (6) by inserting after subsection (e) the following: (f) Farm viability and local climate resiliency centers (1) In general The Secretary, acting through the Administrator of the Agricultural Marketing Service and in coordination with the Administrator of the Rural Business-Cooperative Service and the Chief of the Natural Resources Conservation Service, shall provide grants to eligible entities described in paragraph (2) to serve as farm viability and local climate resiliency centers (referred to in this section as centers ) to support— (A) efforts to enhance farm viability; and (B) the development, coordination, and expansion of markets for commodities and farm products that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions. (2) Eligible entities An entity is eligible to receive a grant under this subsection if the entity is— (A) an agricultural cooperative or other agricultural business entity or a producer network or association; (B) a local, State, or Tribal government; (C) a nonprofit corporation; (D) a public benefit corporation; (E) an economic development corporation; (F) an institution of higher education; or (G) such other entity as the Secretary may designate. (3) Use of funds An eligible entity receiving a grant under this subsection shall use grant funds to provide to entities described in subsection (d)(5)(B)— (A) assistance for the development of business plans and feasibility studies; (B) assistance in developing marketing strategies for— (i) local products; and (ii) value-added agricultural products in new and existing markets; (C) assistance in enterprise development for the processing, aggregation, distribution, and storage of— (i) local and regional food products that are marketed locally or regionally; and (ii) value-added agricultural products; (D) assistance relating to finances and recordkeeping; (E) assistance relating to enterprise and business management; (F) assistance relating to ownership succession planning; (G) outreach and assistance in the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; (H) outreach regarding assistance available under subsection (d); (I) outreach regarding assistance available through other programs administered by any other Federal agency that supports the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; or (J) at the request of the entity described in subsection (d)(5)(B), assistance in applying for a grant under subsection (d), including acting on behalf of the entity in applying for the grant. (4) Geographic diversity To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. (5) Non-Federal share An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. (6) Applications (A) In general 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 considers necessary to evaluate and select applications. (B) Competitive process The Secretary— (i) shall conduct a competitive process to select applications submitted under subparagraph (A); (ii) may assess and rank applications with similar proposals as a group; and (iii) shall, prior to accepting applications under that subparagraph, make public the criteria to be used in evaluating the applications. (7) Priority The Secretary may give priority to applications submitted under paragraph (6)(A) that include— (A) plans to use funds for 3 or more of purposes described in paragraph (3); or (B) activities relating to improving the use and expanded adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions while simultaneously improving farm viability. (8) Administrative expenses An entity receiving a grant under this subsection may use not more than 4 percent of the funds received through the grant for administrative expenses. ; (7) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking subsection (i)(3)(E) and inserting subsection (j)(3)(E) ; and (8) in subsection (j) (as so redesignated)— (A) in paragraph (1), by striking fiscal year 2019 and inserting each of fiscal years 2019 through 2021 and $150,000,000 for fiscal year 2022 ; (B) in paragraph (3)— (i) in subparagraph (A)(i), by striking 35 and inserting 36 ; and (ii) by striking subparagraph (B) and inserting the following: (B) Farmers' market and local food promotion grants (i) In general Of the funds made available to carry out this section for a fiscal year, 36 percent shall be used for grants under subsection (d)(6). (ii) Allocation among subprograms Of the funds made available for grants under subsection (d)(6) for a fiscal year— (I) 40 percent shall be made available for farmers' market promotion grants; and (II) 60 percent shall be made available for local food promotion grants. ; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: (D) Farm viability and local climate resiliency Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f). ; and (E) in subparagraph (E) (as so redesignated), in the matter preceding clause (i), by striking or (C) and inserting (C), or (D) . 402. National organic certification cost-share program (a) Federal share Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523(b)(2) ) is amended by striking $750 and inserting $1,000 . (b) Mandatory funding Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523(d)(1) ) is amended by striking shall make available in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (C) and inserting shall use such sums as are necessary to carry out this section. . 403. Exclusion of gain from sale of certain farm property and agricultural easements (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 121 the following new sections: 121A. Exclusion of gain from sale of qualified farm property (a) Exclusion Gross income shall not include gain from the sale or exchange of qualified farm property if such property is sold to or exchanged with a transferee who— (1) is a qualified farmer, and (2) meets the certification requirement of subsection (c). (b) Limitation (1) In general The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of— (A) $500,000 ($1,000,000 in the case of a joint return), over (B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. (2) Special rule for joint returns The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. (c) Certification requirement A transferee meets the certification requirement of this subsection if such transferee signs a written certification stating the following: (1) Use certification as farm for farming purposes The use of such property will be as a farm for farming purposes at all times during the recapture period. (2) Recapture agreement The transferee has been notified of the amount of the tax that will be imposed on such transferee under subsection (d) in the event of a recapture event (as defined in subsection (d)). (d) Treatment of disposition or change in use of property (1) In general If there is a recapture event during the recapture period with respect to any qualified farm property, then the tax imposed under this chapter on the transferee described in subsection (a) for the taxable year which includes the first such recapture event shall be increased by the product of— (A) the amount of the gain excluded from the gross income of the transferor under subsection (a) with respect to the sale or exchange of such qualified farm property, multiplied by (B) the rate of tax in effect under section (1)(h)(1)(D). (2) Recapture event defined For purposes of this subsection, the term recapture event means, with respect to any qualified farm property— (A) Cessation of operation The cessation of the operation of such property as a farm for farming purposes at any time during the recapture period. (B) Failure to materially participate The failure of a qualified farmer to materially participate in the operation of the farm at any time during the recapture period. (C) Change in ownership (i) In general Except as provided in clause (ii), the disposition of any interest in such property by the transferee referred to in subsection (a) during the recapture period. (ii) Agreement to assume recapture liability Clause (i) shall not apply to any farm property if the person acquiring the interest referred to in such clause agrees in writing to assume the recapture liability of the person disposing of such interest. In the event of such an assumption, this subsection shall apply to the person acquiring such interest as though such person were the transferee referred to therein (and this subsection shall be applied as if there had been no change in ownership). (3) Special rules (A) No credits against tax Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. (B) No recapture by reason of hardship The increase in tax under this subsection shall not apply to any disposition of property or cessation of the operation of any property as a farm for farming purposes if such disposition or cessation occurs by reason of any hardship. (e) Special rules For purposes of this section, rules similar to the rules of subsections (e) and (f) of section 121 shall apply. (f) Definitions For purposes of this section— (1) Qualified farmer The term qualified farmer means— (A) a beginning farmer, socially disadvantaged farmer, qualified veteran farmer, young farmer, or (B) any entity if 50 percent or more of the capital and profits of such entity are owned by one or more individuals described in paragraph (A). (2) Beginning farmer The term beginning farmer means an individual that— (A) has not operated a farm, or (B) as of the date of the sale or exchange described in subsection (a), has operated a farm for not more than 10 years. (3) Socially disadvantaged farmer The term socially disadvantaged farmer means an individual who is a member of one or more of the following groups: (A) American Indians. (B) Alaska Natives. (C) Asians. (D) Blacks or African Americans. (E) Native Hawaiians or other Pacific Islanders. (F) Hispanics. (G) Women. (4) Qualified veteran farmer The term qualified veteran farmer means an individual who— (A) first obtained status as a veteran (as defined in section 101(2) of title 38 United States Code) during the 10-year period ending on the date of the sale or exchange described in subsection (a), and (B) has not operated a farm during such 10-year period. (5) Young farmer The term young farmer means an individual who has not attained age 46 as of the date of the sale or exchange described to in subsection (a). (6) Qualified farm property The term qualified farm property means real property located in the United States if— (A) during the 5-year period ending on the date of the sale or exchange referred to in subsection (a), such property has been used by the taxpayer or a member of the family of the taxpayer as a farm for farming purposes for periods aggregating 3 years or more, and (B) there was material participation by the taxpayer or a member of the family of the taxpayer in the operation of the farm during such 3 years. (7) Recapture period The term recapture period means the 10-year period beginning on the date of the sale or exchange of qualified farm property described in subsection (a). (8) Material participation (A) In general Material participation shall be determined in a manner similar to the manner used for purposes of paragraph (1) of section 1402(a) (relating to net earnings from self-employment). (B) Application to entities (i) In general In the case of a partnership, S corporation, or other entity, the material participating requirements under subsection (d)(2)(B) and paragraph (6)(B) shall be treated as having been met by such partnership, S, corporation, or other entity if there is material participation by individuals owning 50 percent or more of the capital or profits interest of such partnership, S corporation, or other entity. (ii) Members of the family For purposes of paragraph (6)(B), a member of the family of an individual owning a capital or profits interest of a partnership, S corporation, or other entity shall not be taken into account for purposes of determining whether the partnership, S corporation, or other entity meets the material participating requirements under clause (i) unless such member of the family is also owns a capital or profits interest in such partnership, S corporation, or other entity. (9) Other definitions The terms member of the family , farm , and farming purposes have the respective meanings given such terms in section 2032A(e). 121B. Exclusion of gain from sale of agricultural conservation easement (a) Exclusion Gross income shall not include gain from the sale or exchange of an agricultural conservation easement. (b) Limitation (1) In general The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed the excess, if any of— (A) $500,000 ($1,000,000 in the case of a joint return), over (B) the amount excluded from the gross income of the taxpayer under this section for all prior taxable years. (2) Special rule for joint returns The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. (c) Agricultural conservation easement defined The term agricultural conservation easement means an easement or conservation-related restriction on agricultural land (granted in perpetuity) that— (1) is conveyed for the purpose of protecting natural resources and the agricultural nature of the land, and (2) permits the landowner the right to continue agricultural production and related uses. (d) Special rules For purposes of this section, rules similar to the rules of subsections (e) and (f) of section 121 shall apply. . (b) Conforming amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new items: 121A. Exclusion of gain from sale of qualified farm property. 121B. Exclusion of gain from sale of agricultural conservation easement. . (c) Effective date The amendments made by this section shall apply to any sale or exchange in taxable years ending after December 31, 2021. 404. Farmland Protection Policy Act (a) Findings, Purpose, and Definitions Section 1540 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4201 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (B) by inserting after paragraph (3) the following: (4) the Nation’s farmland is a vital source of environmental services, such as carbon sequestration; ; (2) in subsection (b), by inserting Tribal, after State, ; and (3) in subsection (c)— (A) by redesignating paragraphs (1), (2), (3), and (5) as paragraphs (2), (7), (8), and (6), respectively, and moving the paragraphs so as to appear in numerical order; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) the term conversion means— (A) the physical conversion of farmland to a nonagricultural use; (B) the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; or (C) a change in management of federally owned land historically used for agriculture to a nonagricultural use; ; (C) in paragraph (2) (as so redesignated)— (i) in subparagraph (B), by striking that is used for and inserting that is suitable for ; and (ii) in subparagraph (C), by inserting and is suitable after local importance ; (D) by inserting after paragraph (2) (as so redesignated) the following: (3) the term farmland of national significance means farmland that is the most suitable for intensive crop and food production, as determined by the Secretary, taking into consideration, among other factors, the physical and chemical characteristics of the farmland; ; (E) in paragraph (4), in the second sentence, by striking and at the end; (F) by inserting after paragraph (4) the following: (5) the term permanently protected farmland means farmland encumbered by a conservation easement— (A) held by the Federal Government, a State, Tribal, or local unit of government, or a land conservation organization; and (B) that is perpetual or the maximum number of years allowed by State law; ; (G) in paragraph (6) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in paragraph (7) (as so redesignated), by adding and at the end; and (I) in paragraph (8) (as so redesignated), by striking the semicolon at the end and inserting a period. (b) Farmland protection policy Section 1541 of the Agriculture and Food Act of 1981 ( 7 U.S.C. 4202 ) is amended to read as follows: 1541. Farmland protection policy (a) In general It is the policy of the United States that Federal programs— (1) shall minimize the conversion of farmland to nonagricultural uses; and (2) subject to subsection (d), shall not convert to nonagricultural uses farmland— (A) that is permanently protected farmland; (B) that has been defined and delineated by the Secretary under subsection (b)(1) as farmland of national significance; or (C) that has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a definition and delineation under subsection (b)(2). (b) Definition and delineation of land (1) National significance (A) In general The Secretary shall define and delineate farmland of national significance. (B) Experts The Secretary shall convene a group of experts, including agronomists and soil scientists, to assist the Secretary in carrying out subparagraph (A). (2) State significance Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. (c) Process and criteria (1) Process and criteria The Secretary shall develop a process, including criteria— (A) to determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; (B) (i) to minimize the conversion of farmland to nonagricultural uses; or (ii) in the case of farmland identified under subsection (a)(2), to avoid conversion of the farmland to nonagricultural uses; (C) to provide to the Secretary notice regarding actions described in subparagraphs (A) and (B); and (D) that the Secretary shall use to make determinations under subsection (d). (2) Use required Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. (d) Exemption (1) In general Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. (2) Minimization of conversion In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. (e) Information The Secretary may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information— (1) useful in restoring, maintaining, and improving the quantity and quality of farmland; and (2) concerning the location of permanently protected farmland. (f) Assistance The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1). . 405. Agricultural conservation easement program Section 1265B of the Food Security Act of 1985 ( 16 U.S.C. 3865b ) is amended— (1) in subsection (b)— (A) in paragraph (4)(C)(iv), by striking only ; and (B) by adding at the end the following: (6) Condition of assistance (A) In general As a condition of receiving cost-share assistance under this section, the owner of eligible land shall agree to have in place a conservation plan that addresses applicable resource concerns for the land subject to the easement, including soil health and greenhouse gas emissions reduction, not later than 3 years after the date on which the easement is granted. (B) Bureau of Indian Affairs Subparagraph (A) may be satisfied by having in place a conservation plan developed or recognized by the Bureau of Indian Affairs. ; and (2) by striking subsection (d) and inserting the following: (d) Technical Assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of an easement; and (2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable— (A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and (B) a comprehensive conservation plan developed pursuant to subsection (e)(1). (e) Financial assistance (1) In general (A) Enrollment in CSP At the sole option of the owner of the eligible land subject to an easement, the Secretary shall provide for the automatic enrollment of the eligible land subject to the easement in the conservation stewardship program established by subchapter B of chapter 4 of subtitle D, including financial assistance for the development of a comprehensive conservation plan under section 1240L(e), if the person or entity farming the eligible land is otherwise eligible for the conservation stewardship program, as determined by the Secretary. (B) Determination of compliance In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. (C) Funding Funding received by an eligible entity pursuant to this paragraph shall not be considered in the calculation of costs under subsection (b). (2) Timing The owner of the eligible land subject to an easement may exercise the option under paragraph (1)(A) during the 3-year period beginning on the date on which the easement is granted. . V Pasture-Based Livestock 501. Animal raising claims The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq.) is amended by adding at the end the following: H Animal Raising Claims 298A. Definitions In this subtitle: (1) Animal raising claim The term animal raising claim means a statement on the labeling of a meat food product or poultry product used in interstate commerce that references— (A) the manner in which the source animal for the meat food product or poultry product was raised, including— (i) production practices that were used, such as living or raising conditions; and (ii) the location or source where the source animal was born, raised, and processed; or (B) the breed of the source animal. (2) Meat food product The term meat food product has the meaning given the term in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 ). (3) Poultry product The term poultry product has the meaning given the term in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 ). (4) Secretary The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Food Safety and Inspection Service. 298B. Required verification process for animal raising claims (a) Purpose The purpose of this section is to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims. (b) Standards and procedures (1) In general Not later than 2 years after the date of enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements, t he Secretary shall establish— (A) mandatory standards with respect to animal raising claims, including the standards described in paragraph (2); (B) procedures— (i) to verify an animal raising claim prior to the use in commerce of any meat food product or poultry product bearing that claim; and (ii) that are incorporated seamlessly with the labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq.); and (C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. (2) Standards In developing and approving animal raising claim standards under paragraph (1)(A), the Secretary shall include standards relating to— (A) diet claims, including claims that the source animal was grass fed, vegetarian fed, or fed no animal byproducts; (B) living and raising condition claims, including claims that the source animal was cage free, free range, or pasture raised; (C) antibiotic and hormone claims, including claims that the source animal was raised without antibiotics, had no hormones added, or was raised without growth promotants; (D) source claims that the source animal can be traced back to its farm of origin from birth to slaughter; (E) age claims; (F) animal welfare claims; (G) environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; (H) breed claims; and (I) any other claim that the Secretary determines appropriate. (3) Consistency with other laws The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act. (c) Third-Party certification A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if— (1) the claim is consistent with standards established by the Secretary under subsection (b); and (2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. (d) Approval process To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: (1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable— (A) from birth to harvest; or (B) for the period of raising referenced in the animal raising claim. (2) A signed and dated document describing the manner in which the source animals were raised. (3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. (4) A written description of the identification, control, and segregation of nonconforming animals or products. (5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third party certificate. (e) Compliance requirements Beginning on the date that is 3 years after the date of enactment of this subtitle— (1) a person may sell or label a domestic meat food product or poultry product with an animal raising claim only if the animal raising claim and the meat food product or poultry product is in compliance with the standards established under subsection (b); and (2) an imported meat food product or poultry product may be sold or labeled with an animal raising claim if, as determined by the Secretary, the animal raising claim and the meat food product or poultry product is in compliance with a verification program that provides safeguards and guidelines that are at least equivalent to the standards established under subsection (b). (f) Violations (1) Misuse of label Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. (2) False statement Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. (g) Effect on other laws Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq.). 298C. Applicability This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq.). 298D. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle. . 502. Processing resilience grant program Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq.) is amended by adding at the end the following: 210B. Processing Resilience Grant Program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems (61 Fed. Reg. 33806 (July 25, 1996))); (B) a slaughtering or processing establishment subject to— (i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act ( 21 U.S.C. 661 ); or (ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act ( 21 U.S.C. 454 ); (C) a person, firm, or corporation engaging in custom operations that is exempt from inspection under— (i) section 23 of the Federal Meat Inspection Act ( 21 U.S.C. 623 ); or (ii) section 15 of the Poultry Products Inspection Act ( 21 U.S.C. 464 ); and (D) a person seeking— (i) to establish and operate an establishment described in subparagraph (A) or (B); or (ii) to engage in custom operations described in subparagraph (C). (2) Minority-owned business The term minority-owned business means a for-profit business not less than 51 percent of which is owned by 1 or more Black American, Native American, Hispanic American, or Asian American individuals. (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Grants (1) In general The Secretary shall establish a grant program under which the Secretary shall award competitive grants to eligible entities to expand meat and poultry processing capacity, create jobs in, support the health and safety of, and enhance the resilience of the farm and food sector. (2) Maximum amount The maximum amount of a grant awarded under this section shall not exceed $500,000. (c) Applications (1) In general An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Applications for small grants The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. (3) Accessibility of applications The Secretary shall ensure that applications for a grant under this section are— (A) accessible online; and (B) available through local staff of the Department of Agriculture. (4) Reapplication If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. (5) Priority In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will— (A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; (B) support an eligible entity described in subsection (a)(1)(A) that has 150 employees or fewer; or (C) support an eligible entity that is a minority-owned business. (d) Use of grant An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through— (1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; (2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq.); (3) the purchase of cold storage, equipment, or transportation services; (4) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; (5) the purchase of software and computer equipment for record keeping, production data, and Hazard Analysis and Critical Control Points record review; (6) the provision of staff time and training for implementing and monitoring health and safety procedures; (7) the development of a feasibility study or business plan for establishing or expanding a small meat or poultry processing facility; and (8) other activities associated with expanding or establishing an eligible entity described in subsection (a)(1)(A), as determined by the Secretary. (e) Outreach Beginning on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. (f) Federal share The Federal share of the activities carried out using a grant awarded under this section shall not exceed 50 percent of the cost of those activities. (g) Administration The promulgation of regulations under, and administration of, this section shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; and (2) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (h) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $10,000,000 for each of fiscal years 2022 through 2030. (2) Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2022 through 2030. . 503. Conservation of private grazing land (a) Purpose Section 1240M(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(a) ) is amended— (1) in paragraph (6), by inserting conserving water and before improving ; (2) in paragraph (7), by striking and at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (9) conserving and improving soil health and improving grazing system resilience in the face of climate change through advanced grazing management practices; and (10) providing support for producers transitioning from confinement and feedlot systems or continuous grazing to managed grazing-based systems, including support for pasture development and management. . (b) Definitions Section 1240M(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(b)(2) ) is amended by striking hay land and inserting perennial hay land, including silvopasture . (c) Private grazing land conservation assistance Section 1240M(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(c) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting and partnerships described in paragraph (2)(B) after local conservation districts ; (B) in subparagraph (B), by striking grazing land management technologies and inserting regionally appropriate, advanced grazing land management technologies to improve soil health and maximize carbon sequestration ; (C) in subparagraph (C)(iv), by inserting through integrated strategies that include rotational and multispecies grazing, integrated pest management, and other ecological practices after brush encroachment problems ; (D) in subparagraph (H), by striking and at the end; (E) in subparagraph (I), by striking the period at the end and inserting ; and ; and (F) by adding at the end the following: (J) assisting producers in transitioning from confinement or feedlot systems or continuous grazing to managed grazing-based systems, including assistance in pasture development and management. ; and (2) by striking paragraph (2) and inserting the following: (2) Program elements (A) Technical assistance and education Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. (B) Partnerships In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with— (i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); (ii) nongovernmental organizations; and (iii) Tribal organizations. (C) Grants (i) In general In carrying out the program under this section, the Secretary shall provide funds on a competitive basis to partnerships described in subparagraph (B) to use for State or local action grants to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. (ii) Duration Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. (iii) Cost sharing A partnership that receives funding under this subparagraph shall ensure that any funded project provides, from non-Federal sources, funds or in-kind support valued at not less than 25 percent of the total cost of the project. (iv) Limitation on indirect costs A partnership that receives funding under this subparagraph may not use more than 15 percent of the total cost of the project for the indirect costs of carrying out the project. (v) Priority A partnership that receives funding under this subparagraph shall give priority to projects that— (I) focus on sustainable grazing management systems and techniques that assist producers with multiple ecosystem services, including climate change adaptation and mitigation; and (II) involve beginning farmers and ranchers, socially disadvantaged farmers and ranchers, Tribal producers, or new graziers (including State or federally registered apprenticeships). . (d) Grazing technical assistance self-Help Section 1240M(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(d) ) is amended— (1) in paragraph (1)(A), by inserting and for those interested in beginning grazing before the semicolon; (2) in paragraph (2), by striking may establish 2 and inserting may establish ; and (3) in paragraph (3)(C)— (A) in clause (ii), by striking and at the end; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) will improve climate change adaptation and mitigation; and . (e) Authorization of appropriations Section 1240M of the Food Security Act of 1985 ( 16 U.S.C. 3839bb ) is amended by striking subsection (e) and inserting the following: (e) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2022 through 2030. (2) Grants Of the funds made available under paragraph (1), the Secretary shall use not more than 40 percent to carry out subsection (c)(2)(C). (3) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2030. . 504. Conservation reserve program (a) Conservation reserve Section 1231(d) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d) ) is amended— (1) in paragraph (1)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) fiscal years 2024 through 2030, not more than 32,000,000 acres. ; and (2) in paragraph (2)(A)— (A) in clause (i), by striking and at the end; (B) in clause (ii)(III), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2030, of which 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c). . (b) Pilot programs Section 1231C of the Food Security Act of 1985 ( 16 U.S.C. 3831c ) is amended by adding at the end the following: (c) Grassland 30 (1) In general (A) Enrollment The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a Grassland 30 contract ) in accordance with this subsection. (B) Inclusion of acreage limitation For purposes of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection. (2) Eligible land Eligible land for enrollment through a Grassland 30 contract— (A) is land that is eligible to be enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2); and (B) shall not be limited to land that is subject to an expired covered contract. (3) Expired conservation contract election (A) Definition of covered contract In this paragraph, the term covered contract means a contract entered into under this subchapter that— (i) expires on or after the date of enactment of this subsection; and (ii) covers land enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2). (B) Election On the expiration of a covered contract, an owner or operator party to the covered contract shall elect— (i) not to reenroll the land under the contract; (ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or (iii) not to reenroll the land under the contract and to enroll that land through a Grassland 30 contract under this subsection. (4) Term The term of a Grassland 30 contract shall be 30 years. (5) Agreements To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary— (A) to implement a conservation reserve plan developed for the land; (B) to comply with the terms and conditions of the contract and any related agreements; and (C) to temporarily suspend the base history for the land covered by the contract. (6) Terms and conditions of Grassland 30 contracts (A) In general A Grassland 30 contract— (i) shall include terms and conditions that promote sustainable grazing systems, protect and enhance soil carbon levels, and are compatible with wildlife habitat conservation, as determined by the Secretary; and (ii) may include any additional provision that the Secretary determines is appropriate to carry out this subsection or facilitate the practical administration of this subsection. (B) Violation On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. (C) Compatible uses Land subject to a Grassland 30 contract may be used for compatible economic uses, including hunting and fishing, if the use— (i) is specifically permitted by the conservation reserve plan developed for the land; and (ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established. (7) Compensation (A) Amount of payments The Secretary shall provide payment under this subsection to an owner of land enrolled through a Grassland 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 1231(d)(2). (B) Form of payment Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). (C) Timing The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year. (D) Payments to others The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section— (i) dies; (ii) becomes incompetent; (iii) is succeeded by another person or entity who renders or completes the required performance; or (iv) is otherwise unable to receive the payment. (8) Technical assistance (A) In general The Secretary shall assist owners in complying with the terms and conditions of a Grassland 30 contract. (B) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a Grassland 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program. (9) Administration (A) Conservation reserve plan The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. (B) Delegation of contract administration (i) Federal, State, Tribal, or local government agencies The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, Tribal, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. (ii) Conservation organizations The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources. . 505. Alternative Manure Management Program Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839bb et seq.) (as amended by section 304) is amended by adding at the end the following: 1240T. Alternative manure management program (a) Definitions In this section: (1) Eligible producer The term eligible producer means a dairy or livestock producer whose baseline manure management practices prior to enrollment in the program include the anaerobic decomposition of volatile solids stored in a lagoon or other predominantly liquid anaerobic environment. (2) Non-digester dairy or livestock methane management method The term non-digester dairy or livestock methane management method means a method that may be used by an operator of a dairy or livestock operation to transition from wet manure handling and storage, where anaerobic conditions are present, to dry manure handling and storage, including— (A) onsite open solar drying or composting of manure; (B) conversion of dairy and livestock operations to pasture-based management; (C) solid separation technologies; (D) scrape conversion; and (E) other strategies to mitigate methane emissions from manure management, as determined by the Secretary. (3) Onsite open solar drying or composting of manure The term onsite open solar drying or composting of manure means the collection, storage, and drying of dairy or livestock manure in a nonliquid environment on a farm or ranch. (4) Pasture-based management The term pasture-based management means a dairy or livestock production system in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically. (5) Program The term program means the alternative manure management program established under subsection (b). (6) Scrape conversion The term scrape conversion means the conversion of a flush water lagoon system to solid-scrape or dry manure management practices, including vacuum technologies for manure management. (7) Solid separation technology The term solid separation technology means a technology designed to separate liquid components of manure from mineral and organic solid components for the purposes of reducing methane emissions. (b) Establishment The Secretary shall establish an alternative manure management program to support non-digester dairy and livestock methane management method strategies to effectively reduce greenhouse gas emissions and maximize environmental benefits. (c) Payments During each of fiscal years 2022 through 2030, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the program. (d) Practices Each eligible producer requesting funding for a project under the program shall include at least 1 of the following project components that reduce baseline methane emissions on the operation of the eligible producer: (1) Conversion of a dairy or livestock operation to pasture-based management that eliminates or reduces the quantity of manure stored in anaerobic conditions, including— (A) conversion of a non-pasture dairy or livestock operation to pasture-based management; (B) increasing the amount of time livestock spend at pasture at an existing pasture operation; or (C) improving pasture-based management, including transitioning to managed rotational grazing. (2) Alternative manure treatment and storage practices, including— (A) installation of a compost-bedded pack barn that composts manure; (B) installation of slatted floor pit storage manure collection that must be cleaned out at least monthly; or (C) other similar practices, as determined by the Secretary. (3) Conversion to a solid separation technology system in which manure solids are separated prior to entry into a wet, anaerobic environment at a dairy or livestock operation, or installation of a new solid separation technology system with significantly higher separation efficiency than the existing solid separation system, in conjunction with 1 or more of the following practices: (A) Onsite open solar drying or composting of manure. (B) Solar drying in an enclosed environment. (C) Forced evaporation with natural-gas fueled dryers. (D) Storage of manure in unconfined piles or stacks. (E) Composting in an enclosed vessel, with forced aeration and continuous mixing. (F) Composting in piles with forced aeration but no mixing. (G) Composting in intensive windrows with regular turning for mixing and aeration. (H) Composting in passive windrows with infrequent turning for mixing and aeration. (4) Scrape conversion in conjunction with 1 of the practices described in paragraph (3). (e) Term A contract under the program shall have a term that does not exceed 3 years. (f) Payments (1) Availability of payments Payments provided to an eligible producer under this section may be used to implement 1 or more practices described in subsection (d). (2) Payment amounts The Secretary may provide a payment to an eligible producer under the program for an amount that is not more than 100 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training relating to implementing a practice described in subsection (d). (3) Limitation on payments A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the program that exceed $750,000 during any 5-year period. (4) Advanced payments The Secretary shall provide not less than 50 percent of the amount of total payments to an eligible producer in advance for all costs relating to purchasing materials and equipment or contracting. (g) Modification or termination of contracts (1) Voluntary modification or termination The Secretary may modify or terminate a contract entered into with an eligible producer under the program if— (A) the producer agrees to the modification or termination; and (B) the Secretary determines that the modification or termination is in the public interest. (2) Involuntary termination The Secretary may terminate a contract under the program if the Secretary determines that the eligible producer violated the contract. (h) Cluster applications The Secretary shall establish procedures under which— (1) groups of eligible producers may submit a joint application in order to facilitate centralized composting facilities; and (2) the Secretary shall apportion payments to each eligible producer associated with such a joint application. (i) Evaluation of applications (1) Evaluation criteria The Secretary shall develop criteria for evaluating applications that will ensure that the purposes of the program are fulfilled in a cost effective manner and in a manner that will maximize greenhouse gas emissions reductions and overall environmental benefits. (2) Grouping of applications The Secretary may group and evaluate applications relative to other applications for similar farming operations. (j) Duties of producers To receive payments under the program, an eligible producer shall agree— (1) to implement a program plan that describes the greenhouse gas emissions reductions and other environmental benefits to be achieved through 1 or more practices described in subsection (d) that are approved by the Secretary; (2) to supply information as required by the Secretary to determine compliance with the program plan and requirements of the program; and (3) to comply with such additional provisions as the Secretary determines are necessary to carry out the program plan. (k) Duties of the Secretary The Secretary shall— (1) determine and publish factors for estimating the emissions reductions for each program practice described in subsection (d) to aid eligible producers in the development of applications and program plans; and (2) assist an eligible producer in achieving the greenhouse gas emissions reduction and other environmental goals of the program plan by— (A) providing payments for developing and implementing 1 or more practices, as appropriate; and (B) providing the producer with information, technical assistance, and training to aid in implementation of the plan. (l) Commodity Credit Corporation (1) In general The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the program, including the provision of technical assistance. (2) Funding To the maximum extent practicable, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000,000 for the period of fiscal years 2022 through 2030. . VI On-Farm Renewable Energy 601. Rural Energy For America Program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking and renewable energy development and inserting , renewable energy development, and the reduction of carbon dioxide and carbon dioxide equivalent emissions ; and (B) in paragraph (2), by striking and renewable energy systems and inserting , renewable energy systems, and carbon dioxide and carbon dioxide equivalent emissions reductions ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (D), by striking and at the end; (ii) by redesignating subparagraph (E) as subparagraph (G); and (iii) by inserting after subparagraph (D) the following: (E) a nonprofit corporation; (F) an agricultural cooperative or producer group; and ; (B) in paragraph (3)(D), by inserting before the semicolon at the end the following: , including carbon dioxide and carbon dioxide equivalent emissions reductions ; and (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting , agricultural processors, after agricultural producers ; (ii) in subparagraph (A), by striking and at the end; (iii) in subparagraph (B)(ii), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (C) assisting in the development of feasibility studies and plans for implementing recommendations provided under subparagraph (B). ; (3) in subsection (c)— (A) in paragraph (1)(A)(i), by inserting , agricultural processors, after agricultural producers ; (B) in paragraph (2)— (i) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (ii) by inserting after subparagraph (E) the following: (F) carbon accounting assessments developed under subsection (d) with respect to the renewable energy system to be installed or the energy efficiency upgrade to be undertaken; ; (C) in paragraph (3)— (i) in subparagraph (A), by striking The amount and all that follows through 25 percent and inserting Except as provided in subparagraph (F), the amount of a grant under this subsection shall not exceed 50 percent ; (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iii) by inserting after subparagraph (B) the following: (C) Maximum percentage of loan guarantee The portion of a loan that the Secretary may guarantee under this section shall be— (i) in the case of a loan in the amount of not less than $1,000,000, 80 percent of the principal amount of the loan; and (ii) in the case of a loan in an amount less than $1,000,000, 90 percent of the principal amount of the loan. ; (iv) in subparagraph (E) (as so redesignated), by striking subsection (f) and inserting subsection (h) ; and (v) by adding at the end the following: (F) Underserved producers The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 2279(a) )) shall not exceed 75 percent of the cost of the activity funded by the grant. ; (D) in paragraph (4), by adding at the end the following: (F) Pre-approved technologies In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5). ; and (E) by adding at the end the following: (5) Pre-approved list The Secretary shall, beginning in fiscal year 2022— (A) develop a list of pre-approved technologies and products for purposes of paragraph (4)(F); and (B) update that list every 2 fiscal years. (6) Priority In making grants or loan guarantees under this subsection, the Secretary shall give priority to proposed projects that utilize technologies— (A) with a substantially low carbon footprint; or (B) that would result in significant net decreases of carbon dioxide and carbon dioxide equivalent emissions, as determined by the Secretary using the carbon accounting assessments developed under subsection (d). ; (4) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (5) by inserting after subsection (c) the following: (d) Carbon accounting (1) In general Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021 , the Secretary, in collaboration with the National Renewable Energy Laboratory, shall develop carbon accounting assessments for renewable energy systems and energy efficiency upgrades (including technologies on the list described in subsection (c)(5) and technologies described in subsection (h)(5)(A)) supported by assistance provided under this section. (2) Program guidance The Secretary shall, to the maximum extent practicable, use the carbon accounting assessments developed under paragraph (1) as guides in carrying out this section. (e) Regional demonstration projects (1) In general The Secretary shall carry out regional demonstration projects that incentivize agricultural producers to reduce their carbon footprint or overall carbon equivalent emissions to the maximum extent practicable through the use of energy efficiency improvements and renewable energy systems. (2) Publicization The Secretary shall publicize the results of the regional demonstration projects carried out under paragraph (1). ; (6) in subsection (f) (as so redesignated)— (A) in the subsection heading, by inserting and technical assistance after Outreach ; (B) by striking The Secretary shall and inserting Using funds made available under subsection (h)(4), the Secretary shall ; (C) by inserting and technical assistance after outreach ; and (D) by inserting or provided, as applicable, after conducted ; (7) in subsection (g) (as so redesignated), by striking subsection (f) each place it appears and inserting subsection (h) ; and (8) in subsection (h) (as so redesignated)— (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: (A) $50,000,000 for each of fiscal years 2014 through 2021; (B) $100,000,000 for fiscal year 2022; (C) $200,000,000 for fiscal year 2023; (D) $300,000,000 for fiscal year 2024; and (E) $400,000,000 for fiscal year 2025 and each fiscal year thereafter. ; (B) in paragraph (2)(B), by striking become available and inserting be used ; and (C) by adding at the end the following: (4) Administrative expenses Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. (5) Reservation of funds Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve— (A) not more than 10 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and (B) not more than 5 percent to carry out subsection (e). . 602. Study on dual-use renewable energy systems (a) Definition of dual-Use renewable energy system In this section, the term dual-use renewable energy system means a system under which renewable energy production and agricultural production, including crop or animal production, occurs together on the same piece of land. (b) Study The Secretary shall conduct a study on dual-use renewable energy systems that shall include— (1) an assessment of the compatibility of different species of livestock with different dual-use renewable energy system designs, including— (A) the optimal height of and distance between solar panels for— (i) livestock grazing; and (ii) shade for livestock; (B) manure management considerations; (C) fencing requirements; and (D) other animal handling considerations; (2) an assessment of the compatibility of different crop types with different dual-use renewable energy system designs, including— (A) the optimal height of and distance between solar panels for— (i) plant shading; and (ii) farm equipment use; (B) the impact on crop yield; and (C) market opportunities to sell crops at a premium price; and (3) a risk-benefit analysis of dual-use renewable energy systems in different regions of the United States, including a comparison between the total greenhouse gas impact of dual-use renewable energy systems and renewable energy systems that displace agricultural production. (c) 5-Year plan Based on the study under subsection (b), the Secretary shall develop a 5-year plan for using the research and extension activities of the Department of Agriculture to better support dual-use renewable energy systems that do not displace agricultural production. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under subsection (b). 603. AgSTAR program (a) In general The Secretary shall maintain the program known as the AgSTAR program within the Department of Agriculture, under which the Secretary shall— (1) support the use of anaerobic digestion in the agricultural sector to reduce methane emissions from livestock waste; (2) conduct outreach, education, and training on anaerobic digestion of livestock waste; (3) provide technical and regulatory assistance on anaerobic digestion of livestock waste to stakeholders, including farmers and ranchers, on issues including— (A) permitting; (B) codigestion of multiple organic wastes in one digester; and (C) interconnection to physically link a digester to the electrical power grid; (4) promote centralized, multifarm digesters that use livestock waste from more than 1 farm or ranch; (5) collect and report data on anaerobic digestion of livestock waste; and (6) maintain a database of on-farm anaerobic digester projects in the United States. (b) Transition from EPA (1) In general The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (2) Deadline The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. (c) Administration The Secretary shall carry out the AgSTAR program through the Chief of the Natural Resources Conservation Service— (1) in coordination with the Administrator of the Environmental Protection Agency and other Federal agencies as necessary; and (2) in partnership with the climate hubs, cooperative extension services, and agencies of the Department of Agriculture. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the AgSTAR program not more than $5,000,000 for each fiscal year. VII Food Loss and Waste A Food Date Labeling 701. Definitions In this subtitle: (1) Administering Secretaries The term administering Secretaries means— (A) the Secretary, with respect to any product that is— (i) under the jurisdiction of the Secretary; and (ii) (I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 )); (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 )); or (III) an egg product (as defined in section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 )); and (B) the Secretary of Health and Human Services, with respect to any product that is— (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )). (2) Discard date The term discard date means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed. (3) Food labeler The term food labeler means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product. (4) Quality date The term quality date means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which— (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b) )). 702. Quality dates and discard dates (a) Quality dates (1) In general If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase The uniform quality date label phrase under this paragraph shall be BEST If Used By or, if permissible under subsection (c)(3), the standard abbreviation of BB , unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (b) Discard dates (1) In general If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). (2) Uniform phrase The uniform discard date label phrase under this paragraph shall be USE By or, if permissible under subsection (c)(3), the standard abbreviation of UB , unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality date and discard date labeling (1) In general The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase— (A) shall be— (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. (2) Date format Each quality date and discard date shall be stated in terms of day and month and, as appropriate, year. (3) Abbreviations A food labeler may use a standard abbreviation of BB and UB for the quality date and discard date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. (4) Freeze by A food labeler may add or Freeze By following a quality date or discard date uniform phrase. (d) Education Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. (e) Rules of construction; preemption (1) Infant formula This title and the amendments made by this title shall not— (A) apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )); and (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a ) or other applicable provisions of law. (2) Sale or donation of food based on discard date Nothing in this title or an amendment made by this title prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (3) Time temperature indicator labels Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). (4) Preemption No State or political subdivision of a State may establish or continue in effect any requirement that— (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (5) Enforcement The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (6) Savings Notwithstanding paragraph (4), nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. 703. Misbranding (a) FDA violations Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 . . (b) Poultry products Section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 . . (c) Meat products Section 1(n) of the Federal Meat Inspection Act ( 21 U.S.C. 601(n) ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 . . (d) Egg products Section 7(b) of the Egg Products Inspection Act ( 21 U.S.C. 1036(b) ) is amended in the first sentence by inserting or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2021 before the period at the end. 704. Regulations Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this title and the amendments made by this title. 705. Delayed applicability This title and the amendments made by this title shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 704. B Other Provisions 711. Composting as conservation practice (a) Definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) (as amended by section 307(a)) is amended— (1) by redesignating paragraphs (3) through (27) as paragraphs (4) through (28), respectively; and (2) by inserting after paragraph (2) the following: (3) Composting practice The term composting practice means— (A) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is— (i) generated on a farm; or (ii) brought to a farm from a nearby community; and (B) the use of compost on a farm to improve water retention and soil health, subject to the condition that such a use shall be in compliance with applicable Federal, State, and local laws. . (b) Conservation stewardship program Section 1240I(2)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(2)(B)(i) ) is amended by inserting and composting practices after agriculture drainage management systems . (c) Environmental quality incentives program Section 1240A(6)(A)(ii) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(A)(ii) ) is amended by inserting , including composting practices before the semicolon at the end. (d) Delivery of technical assistance Section 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) ) is amended by adding at the end the following: (5) Development of composting practice standard In addition to conducting a review of any composting facilities practice standard under this subsection, the Secretary shall develop and implement a composting practice standard. . 712. Amendments to Federal Food Donation Act (a) Purpose Section 2 of the Federal Food Donation Act of 2008 ( Public Law 110–247 ; 42 U.S.C. 1792 note) is amended by striking encourage and inserting require . (b) Definitions Section 3 of the Federal Food Donation Act of 2008 ( Public Law 110–247 ; 42 U.S.C. 1792 note) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. . (c) Report on food waste by certain Federal contractors Section 4 of the Federal Food Donation Act of 2008 ( 42 U.S.C. 1792 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Requirement Not later than 180 days after the date of enactment of the Agriculture Resilience Act of 2021 , the Federal Acquisition Regulation issued in accordance with section 1121 of title 41, United States Code, shall be revised to provide that, except as provided in paragraph (2), all contracts greater than $10,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that— (A) requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; (B) states the terms and conditions described in subsection (b); and (C) requires the submission of a report, annually if applicable— (i) in a form and manner specified by the executive agency awarding the contract; and (ii) that describes, for each month of performance of the contract during the period covered by the report, the weight of apparently wholesome food that was disposed of pursuant to the contract by— (I) donation, organized by the name of the organization receiving the food; (II) composting or other recycling; or (III) discarding, organized by the reason that the food was discarded. (2) Exception Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2021 that prohibits a donation described in paragraph (1)(A). ; and (2) by adding at the end the following: (c) Application to Congress (1) Contracts This Act shall apply to the House of Representatives and the Senate, and to contracts entered into by the House of Representatives and the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency pursuant to this Act. (2) Administration For purposes of carrying out paragraph (1)— (A) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and (B) the Secretary of the Senate shall be considered to be the head of the Senate. (d) Reports (1) Report to OMB Not later than 30 days after the date on which an executive agency receives a report described in subsection (a)(1)(C), the executive agency shall submit a copy of the report to the Director of the Office of Management and Budget. (2) Report to Congress The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress. . (d) Authorization of appropriations The Federal Food Donation Act of 2008 ( Public Law 110–247 ; 122 Stat. 2314) is amended by adding at the end the following: 5. Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2022 and each fiscal year thereafter. . 713. Grants for composting and anaerobic digestion food waste-to-energy projects (a) In general Subtitle G of the Solid Waste Disposal Act ( 42 U.S.C. 6971 et seq.) is amended by adding at the end the following: 7011. Grants for composting and anaerobic digestion food waste-to-energy projects (a) Definition of State In this section, the term State means— (1) each of the several States; (2) the District of Columbia; (3) each territory or possession of the United States; and (4) each federally recognized Indian Tribe. (b) Grants The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. (c) Eligible States (1) Eligibility To be eligible to receive a grant under this section, a State shall— (A) have in effect a plan to limit the quantity of food waste that may be disposed of in landfills in the State; and (B) provide to the Administrator— (i) a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, particularly as applied to apparently wholesome food (as defined in section 22(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1791(b) )) that may be provided to or received by the State; and (ii) a written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the grant is made, in a manner that meets all applicable Federal, State, and local laws that protect human health and the environment. (2) Limitation A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. (3) Preference The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each fiscal year. . (b) Clerical amendment The table of contents for the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.) is amended by inserting after the item relating to section 7010 the following: Sec. 7011. Grants for composting and anaerobic digestion food waste-to-energy projects. . 714. School food waste reduction grant program (a) In general Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by inserting before subsection (b) the following: (a) School food waste reduction grant program (1) Definition of eligible local educational agency In this subsection, the term eligible local educational agency means a local educational agency that participates in the school lunch program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (2) Establishment The Secretary shall carry out a program to make grants, on a competitive basis, to eligible local educational agencies to carry out food waste measurement, prevention, and reduction projects. (3) Regional balance In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, ensure— (A) that a grant is awarded to an eligible local educational agency in each region served by the Administrator of the Food and Nutrition Service; and (B) equitable treatment of rural, urban, and tribal communities. (4) Grants (A) Application To be eligible to receive a grant under this subsection, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Priority In making grants under this subsection, the Secretary shall give priority to an eligible local educational agency that demonstrates in the application submitted under subparagraph (A) that the grant will be used— (i) to carry out experiential education activities that encourage children enrolled in the eligible local educational agency to participate in food waste measurement and education; (ii) to prioritize the best use of food in accordance with the Food Recovery Hierarchy published by the Administrator of the Environmental Protection Agency; (iii) with respect to food waste prevention and reduction, to collaborate with other eligible local educational agencies, Indian Tribes, nongovernmental and community-based organizations, and other community partners; (iv) to establish a food waste measurement, prevention, and reduction project with long-term sustainability; and (v) to evaluate the activities described in clauses (i) through (iv) and make evaluation plans. (C) Use of funds An eligible local educational agency that receives a grant under this subsection shall use the grant to carry out 1 or more of the following activities: (i) Planning a food waste measurement, prevention, and reduction project. (ii) Implementing a food waste measurement, prevention, and reduction project. (iii) Providing training to support a food waste measurement, prevention, and reduction project. (iv) Purchasing equipment to support a food waste measurement, prevention, and reduction project. (v) Offering food waste education to students enrolled in the eligible local educational agency. (D) Cost-sharing (i) In general The amount of a grant provided under this subsection shall not exceed 75 percent of the total cost of the project for which the grant is provided. (ii) Non-federal share An eligible local educational agency that receives a grant under this subsection shall use non-Federal funds in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources, to pay for the remaining cost of the project for which the grant is provided. (5) Evaluation (A) Cooperation As a condition of receiving a grant under this subsection, each eligible local educational agency shall agree to cooperate in an evaluation by the Secretary of the project carried out by the eligible local educational agency as part of the evaluation conducted by the Secretary under subparagraph (B). (B) Periodic evaluation Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2021 , and every 2 years thereafter, the Secretary shall evaluate the grants made under this subsection, including— (i) the amount of Federal funds used to award those grants; and (ii) an evaluation of the outcomes of the projects carried out using those grants. (C) Report The Secretary shall submit to Congress as a report each evaluation carried out under subparagraph (B). . (b) Technical assistance Section 21(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b–1(b) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) food waste measurement, prevention, and reduction. .
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II 117th CONGRESS 1st Session S. 1338 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Blumenthal (for himself, Mr. Murphy , Mr. Durbin , Ms. Duckworth , Ms. Warren , Mr. Reed , Mr. Sanders , Mrs. Feinstein , Mr. Menendez , Mr. Markey , Mr. Carper , Mr. Booker , Mr. Cardin , Mr. Van Hollen , Ms. Klobuchar , Mr. Merkley , Mr. Padilla , Mr. Whitehouse , Mrs. Gillibrand , Ms. Baldwin , Mr. Kaine , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To repeal the Protection of Lawful Commerce in Arms Act, and provide for the discoverability and admissibility of gun trace information in civil proceedings.
1. Short title This Act may be cited as the Equal Access to Justice for Victims of Gun Violence Act . 2. Repeal of certain provisions of the Protection of Lawful Commerce in Arms Act Sections 2 through 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7901–7903 ) are repealed. 3. Discoverability and admissibility of gun trace information in civil proceedings The contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be immune from legal process, shall be subject to subpoena or other discovery, shall be admissible as evidence, and may be used, relied on, or disclosed in any manner, and testimony or other evidence may be permitted based on the data, on the same basis as other information, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding.
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II 117th CONGRESS 1st Session S. 1339 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Cortez Masto (for herself and Mr. Toomey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Victims of Crime Act of 1984 to ensure crime victims are not denied compensation because of rape kit backlogs, and for other purposes.
1. Short title This Act may be cited as the Fairness for Rape Kit Backlog Survivors Act of 2021 . 2. Crime victim compensation Section 1403(b) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20102(b) ) is amended— (1) in paragraph (8), by striking and at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) beginning not later than 3 years after the date of enactment of this paragraph, such program— (A) provides a waiver for any application filing deadline imposed by the program for a crime victim if— (i) the crime victim is otherwise eligible for compensation; and (ii) the delay in filing the application was a result of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and (B) does not require the crime victim to undergo an appeals process to have the application of the crime victim considered for a filing deadline waiver under subparagraph (A); and .
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II 117th CONGRESS 1st Session S. 1340 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Tillis (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to redefine the eastern and middle judicial districts of North Carolina.
1. Judicial districts of North Carolina (a) In general Section 113 of title 28, United States Code, is amended— (1) in subsection (a), by striking and Wilson and and inserting Wilson, those portions of Hoke, Moore, Scotland, and Richmond counties encompassing the Fort Bragg Military Reservation and Camp Mackall, and ; and (2) by striking subsection (b) and inserting the following: (b) Middle district The Middle District comprises the counties of Alamance, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham (excluding that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina), Forsyth, Guilford, Hoke (excluding that portion of Hoke County encompassing the Fort Bragg Military Reservation and Camp Mackall), Lee, Montgomery, Moore (excluding that portion of Moore County encompassing the Fort Bragg Military Reservation and Camp Mackall), Orange, Person, Randolph, Richmond (excluding that portion of Richmond County encompassing the Fort Bragg Military Reservation and Camp Mackall), Rockingham, Rowan, Scotland (excluding that portion of Scotland County encompassing the Fort Bragg Military Reservation and Camp Mackall), Stanly, Stokes, Surry, and Yadkin. . (b) Application The amendments made by subsection (a) shall not apply to any action commenced or pending in any judicial district of North Carolina before the date of enactment of this Act.
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II 117th CONGRESS 1st Session S. 1341 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Cardin (for himself, Mr. Boozman , Mr. Markey , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Water Resources Research Act of 1984 to reauthorize grants for and require applied water supply research regarding the water resources research and technology institutes established under that Act.
1. Short title This Act may be cited as the Water Resources Research Amendments Act . 2. 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) ) is amended— (1) in subparagraph (B)(ii), by striking water-related phenomena and inserting water resources ; and (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 ) is amended by striking subsection (c) and inserting the following: (c) Grants (1) In general From the sums appropriated pursuant to subsection (f) of this section, 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 ) is amended by striking subsection (e) and inserting the following: (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) ) is amended by striking fiscal years 2007 through 2011 and inserting 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) ) is amended in the first sentence by striking $6,000,000 for each of fiscal years 2007 through 2011 and inserting $3,000,000 for each of fiscal years 2022 through 2025 .
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II 117th CONGRESS 1st Session S. 1342 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Hassan (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To establish an interagency committee on the development of green alert systems that would be activated when a veteran goes missing, and for other purposes.
1. Short title This Act may be cited as the National Green Alert Act of 2021 . 2. Establishment of interagency committee on development of green alert systems (a) Establishment There is established the Green Alert System Advisory and Support Committee (referred to in this Act as the Committee ). (b) Membership (1) In general The Committee shall be composed of members appointed by the President, of whom— (A) not fewer than one shall be an employee of the Department of Justice with experience in coordinating the AMBER Alert communications network, as that term is used in subtitle A of title III of the PROTECT Act ( 34 U.S.C. 20501 et seq.); (B) not fewer than one shall be an employee of the Department of Health and Human Services, of which not fewer than one shall be an employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) not fewer than one shall be an employee of the Department of Veterans Affairs; (D) not fewer than one shall be an employee of the Department of Transportation; (E) not fewer than one shall be a veteran (as defined in section 101 of title 38, United States Code) who— (i) is not eligible for appointment to the Committee under subparagraph (A), (B), (C), or (D); and (ii) retired or otherwise honorably separated from the Armed Forces with a military pay grade of O–7 or higher; and (F) not fewer than one shall be a member of a veterans service organization who can demonstrate familiarity with, or experience in, the development of an alert or support system in a State for either missing veterans or veteran mental health. (2) Additional members The President shall appoint additional members of the Committee from among individuals at the State, local, and tribal level who are experts in alert systems, such as the AMBER Alert, as that term is used in subtitle A of title III of the PROTECT Act ( 34 U.S.C. 20501 et seq.). (3) Date The appointments of the members of the Committee shall be made not later than 120 days after the date of the enactment of this Act. (c) Period of appointment; vacancies (1) In general A member of the Committee shall be appointed for the life of the Committee. (2) Vacancies Any vacancy in the Committee— (A) shall not affect the powers of the Committee; and (B) shall be filled in the same manner as the original appointment. (d) Initial meeting Not later than 60 days after the date on which all members of the Committee have been appointed, the Committee shall hold the first meeting of the Committee. (e) Meetings (1) In general The Committee shall meet not less frequently than twice each year. (2) Quorum A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chairperson and Vice Chairperson The Committee shall select a Chairperson and Vice Chairperson from among the members of the Committee. (g) Definitions In this section: (1) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (2) Veterans service organization The term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. 3. Duties of Committee (a) In general The Committee shall develop best practices and provide technical assistance to States to establish State systems, to be known as green alert systems, that would be activated when a veteran with a history of mental health issues, including neurocognitive disorders, suicide attempts or impulses, or substance use disorder goes missing. (b) Missing veteran determination The Committee shall determine the circumstances under which a veteran is considered missing for purposes of this section. (c) Compliance with privacy laws The Committee shall ensure that the State systems described in subsection (a) comply with applicable Federal and State privacy laws. (d) Report Not later than two years after the date of the enactment of this Act, the Committee shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislative and administrative action as the Committee considers appropriate. (e) Definitions In this section: (1) State The term State has the meaning given that term in section 2(g). (2) Veteran The term veteran means— (A) a veteran as defined in section 101 of title 38, United States Code; and (B) any former member of the Armed Forces, including any individual who received a discharge under conditions other than honorable that is determined by the Secretary of Defense to have resulted from substance use disorder, a mental health issue, or a suicide attempt. 4. Powers of Committee (a) Hearings The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this Act. (b) Information from Federal agencies (1) In general The Committee may secure directly from any Federal agency such information as the Committee considers necessary to carry out this Act. (2) Furnishing information On request of the Chairperson of the Committee, the head of the Federal agency shall furnish the information to the Committee. (c) Postal services The Committee may use the United States mails in the same manner and under the same conditions as other Federal agencies. (d) Gifts The Committee may accept, use, and dispose of gifts or donations of services or property. 5. Committee personnel matters (a) Compensation of members (1) In general A member of the Committee 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 Committee. (2) Federal members A member of the Committee 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. (b) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. (c) Staff (1) In general The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. (2) Compensation The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government employees Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. 6. Termination of Committee The Committee shall terminate 180 days after the date on which the Committee submits the report required under section 3(d). 7. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $500,000. (b) Availability Any amounts appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
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II 117th CONGRESS 1st Session S. 1343 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Reed (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Credit Reporting Act to require that a consumer authorize the release of certain information.
1. Short title This Act may be cited as the Consumer Credit Control Act of 2021 . 2. Permissible purposes of reports (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) is amended— (1) in section 604 ( 15 U.S.C. 1681b )— (A) by striking subsections (c) through (e) and inserting the following: (c) Conditions for furnishing certain consumer reports (1) In general A consumer reporting agency may furnish a consumer report for the following purposes only if the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610: (A) An extension of credit pursuant to subsection (a)(3)(A). (B) The underwriting of insurance pursuant to subsection (a)(3)(C). (2) Additional reports; election After the consumer reporting agency obtains affirmative informed consent of the consumer and verifies the identity of the consumer under paragraph (1), the consumer reporting agency may continue to furnish consumer reports solely for the purposes of reviewing or collecting on an account described in subparagraphs (A) and (C) of subsection (a)(3). (3) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer (A) In general A consumer reporting agency may furnish a consumer report to a person in connection with any credit or insurance transaction under subparagraph (A) or (C) of subsection (a)(3) that is not initiated by the consumer only if— (i) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and (ii) the transaction consists of a firm offer of credit or insurance. (B) Election The consumer may elect to— (i) have the consumer’s name and addresses included in lists of names and addresses provided by the consumer reporting agency pursuant to subparagraphs (A) and (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if— (I) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and (II) the transaction consists of a firm offer of credit or insurance; and (ii) revoke at any time the election pursuant to clause (i) to have the consumer's name and address included in lists provided by a consumer reporting agency. (C) Information regarding inquiries Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. (4) Disclosures (A) In general A person may not procure a consumer report for any purpose pursuant to subparagraphs (D), (F), and (G) of subsection (a)(3) unless— (i) a simple and easy to understand, as defined in section 1022.54(b) of title 12, Code of Federal Regulations, as in effect on the date of enactment of the Consumer Credit Control Act of 2021 , disclosure has been made to the consumer at any time before the report is procured or caused to be procured, that consists solely of the disclosure and the opportunity to provide the consent described in clause (ii), that a consumer report may be obtained for such purposes; and (ii) the person has obtained affirmative informed consent of the consumer for the procurement of the consumer report by that person. (B) Authorizations The consent described in subparagraph (A)(ii) shall be provided on the disclosure described under subparagraph (A)(i). (5) Rule making Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2021 , the Director of the Bureau shall promulgate regulations that— (A) implement this subsection; (B) establish a model form for the disclosure document pursuant to paragraph (4); (C) permit consumers to provide affirmative informed consent required by paragraph (1) for a specific time period for multiple users for the specified purpose during that time period; (D) require a consumer reporting agency— (i) to provide to each consumer a secure, convenient, accessible, and cost-free method, including by toll-free telephone or secure electronic means, by which a consumer may— (I) provide or revoke any affirmative informed consent pursuant to this subsection; and (II) make or revoke any election pursuant to paragraph (3)(B); (ii) to implement any provision or revocation of affirmative informed consent pursuant to this subsection not later than 1 business day after the date on which a consumer provides or revokes affirmative informed consent; and (iii) to implement any election or revocation of any election pursuant to paragraph (3)(B) not later than 1 business day after the date on which a consumer makes or revokes an election; and (E) define what constitutes affirmed informative consent in the manner that provides the greatest protection to consumers. (6) Prohibitions (A) In general The method described in paragraph (5)(D) shall not be used to— (i) collect any information on a consumer that is not necessary for the purpose of the consumer to allow or disallow the furnishing of consumer reports; or (ii) advertise any product or service. (B) No waiver In the offering of a method described in paragraph (5)(D), a consumer reporting agency shall not require a consumer to waive any rights nor indemnify the consumer reporting agency from any liabilities arising from the offering of such method. (7) Reports (A) CFPB (i) Recommendation Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2021 , the Director of the Bureau shall, after consultation with the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Consumer Advisory Board, and other Federal and State regulators as the Director of the Bureau determines are appropriate, submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives recommendations on how to provide consumers greater transparency and personal control over their consumer reports furnished for permissible purposes under subsections (a)(3)(E) and (a)(6). (ii) Report The Director of the Bureau shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report that includes— (I) recommendations on how this subsection may be improved; (II) a description of efforts to educate consumers of their rights under this subsection; (III) a description of enforcement actions taken to demonstrate compliance with this subsection; (IV) recommendations on how to improve oversight of consumer reporting agencies and users of consumer reports; and (V) any other recommendations concerning how consumers may be provided greater transparency and control over their personal information. (B) GAO (i) Study The Comptroller General of the United States shall conduct a study on what additional protections or restrictions may be needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers. (ii) Report Not later than 1 year after the date of enactment of the Consumer Credit Control Act of 2021 , the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the results of the study under clause (i), which shall include— (I) to the greatest extent possible, the presentation of unambiguous conclusions and specific recommendations for further legislative changes needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers; and (II) if no recommendations for further legislative changes are presented, a detailed explanation of why no such changes are recommended. ; (B) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively; and (C) by adding at the end the following: (f) No fees No consumer reporting agency may charge a consumer any fee for any activity pursuant to or as a result of this section. ; (2) in section 607(a) ( 15 U.S.C. 1681e(a) )— (A) in the third sentence, by striking make a reasonable effort and inserting use commercially reasonable efforts ; and (B) by inserting Every consumer reporting agency shall use commercially reasonable efforts to avoid unauthorized access to consumer reports and information in the file of a consumer maintained by the consumer reporting agency, including complying with any appropriate standards established under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) ). after the end of the third sentence; (3) in section 609 ( 15 U.S.C. 1681g ), by striking subsection (b) and inserting the following: (b) Scope of disclosure The Director of the Bureau shall promulgate regulations to clarify that any disclosure required by subsection (a) shall be made to the consumer when a consumer makes a request, irrespective of whether the information required to be disclosed is held by the parent, subsidiary, or affiliate of a consumer reporting agency. ; and (4) in section 610(a)(1) ( 15 U.S.C. 1681h(a)(1) )— (A) by inserting , implementing the provision or revocation of any affirmative informed consent, or implementing any election or revocation of any election after disclosures ; and (B) by striking section 609 and inserting sections 604 and 609 . (b) Technical and conforming amendments The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) is amended— (1) in section 603(d)(3) ( 15 U.S.C. 1681a(d)(3) ), in the matter preceding subparagraph (A), by striking 604(g)(3) and inserting 604(e)(3) ; (2) in section 605A ( 15 U.S.C. 1681c–1 )— (A) by striking subsections (i) and (j); and (B) by redesignating subsection (k) as subsection (i); (3) in section 615(d) ( 15 U.S.C. 1681m(d) )— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking 604(c)(1)(B) and inserting 604(c)(3)(A)(ii) ; and (ii) in subparagraph (E), by striking 604(e) and inserting 604(c)(5)(D) ; and (B) in paragraph (2)(A), by striking 604(e) and inserting 604(c)(5)(D) ; and (4) in section 625(b)(1) ( 15 U.S.C. 1681t(b)(1) )— (A) in subparagraph (A), by striking subsection (c) or (e) of section 604 and inserting 604(c)(3) ; (B) in subparagraph (I), by adding or at the end; (C) by striking subparagraph (J); and (D) by redesignating subparagraph (K) as subparagraph (J). (c) Applicability The amendments made by subsections (a) and (b) shall apply to a consumer report, as defined in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ), furnished after the earlier of— (1) the date on which the rules issued by the Bureau of Consumer Financial Protection under subsection (c)(5) of section 604 of the Fair Credit Reporting Act, as amended by subsection (a) of this section, require compliance; and (2) the date that is 18 months after the date of enactment of this Act.
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II 117th CONGRESS 1st Session S. 1344 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To redesignate the Pullman National Monument in the State of Illinois as the Pullman National Historical Park, and for other purposes.
1. Short title This Act may be cited as the Pullman National Historical Park Act . 2. Definitions In this Act: (1) Historical park The term historical park means the Pullman National Historical Park. (2) Map The term map means the map entitled Pullman National Historical Park, Chicago, Illinois, Boundary , numbered ____, and dated _____. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Redesignation of Pullman National Monument (a) In general The Pullman National Monument, established by Proclamation Number 9233, dated February 19, 2015, is redesignated as the Pullman National Historical Park. . (b) Availability of funds Any funds available for purposes of the Pullman National Monument shall be available for purposes of the historical park. (c) References Any references in a law, regulation, document, record, map, or other paper of the United States to the Pullman National Monument shall be considered to be a reference to the historical park. (d) Proclamation Proclamation Number 9233, dated February 19, 2015, shall have no force or effect. 4. Purposes The purposes of the historical park are to preserve, protect, and interpret Pullman’s nationally significant cultural and historical resources associated with— (1) the Nation’s labor history and creation of a national Labor Day holiday; (2) the first planned industrial community in the United States; (3) the architecture and landscape design of the planned community; (4) the pivotal role of the Pullman porter in the rise of the African-American middle class; and (5) the entirety of history, culture, and historic figures embodied in Presidential Proclamation Number 9233. 5. Administration The Secretary shall administer the land within the boundary of the historical park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code. 6. Cooperative agreements To further the purposes of this subsection and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the State, other public and non-profit entities, and other interested parties— (1) to support collaborative interpretive and educational programs at non-Federal historic properties within the boundaries of the historical park; and (2) to identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the historical park and at sites in close proximity to the historical park, but located outside the boundaries of the historical park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices; and 7. Use of funds The Secretary may use appropriated funds to mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of the properties. Any payment made by the Secretary under this clause shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this subsection, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of— (1) the amount provided by the Secretary to the project; or (2) an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. Any cooperative agreement entered into under this subparagraph shall provide for reasonable public access to the resources covered by the cooperative agreement. 8. Acquisition of land The Secretary may acquire for inclusion in the historical park any land (including interests in land), buildings, or structures owned by the State, or any other political, private, or nonprofit entity by donation, transfer, exchange, or purchase from a willing seller. 9. Management plan Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a general management plan for the historical park.
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II 117th CONGRESS 1st Session S. 1345 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Collins (for herself and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a national mercury monitoring program, and for other purposes.
1. Short title This Act may be cited as the Comprehensive National Mercury Monitoring Act . 2. Findings Congress finds that— (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 100,000 to 200,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) based on estimates from the Centers for Disease Control and Prevention, between 2000 and 2010, between 2 and 6 percent of women in the United States of childbearing age have exceeded blood mercury levels determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by the consumption of contaminated fish, but fish and shellfish are important sources of dietary protein and micronutrients, and a healthy fishing resource is important to the economy of the United States; (5) in most locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) existing broad-scale data sets are important but insufficient to track changes in mercury levels in the environment over time, test model predictions, and assess the impact of changing mercury emissions and deposition; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric mercury deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends of mercury pollution in the United States. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Advisory committee The term Advisory Committee means the Mercury Monitoring Advisory Committee established under section 5(a). (3) Ancillary measure The term ancillary measure means a measure that is used to understand the impact and interpret results of measurements under the program. (4) Ecoregion The term ecoregion means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export The term mercury export means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as— (A) mass per unit of time; (B) mass per unit of watershed; or (C) area of the water body per unit of time. (6) Mercury flux The term mercury flux means the rate of transfer of mercury between ecosystem components (such as between water and air or land and air) or between portions of ecosystem components, expressed in terms of— (A) mass per unit of time; or (B) mass per unit of area of land or water per unit of time. (7) Program The term program means the national mercury monitoring program established under section 4(a). (8) Surface sediment The term surface sediment means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. 4. Monitoring program (a) Establishment (1) In general The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose The purpose of the program is to track— (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changing mercury emissions over time. (3) Monitoring sites (A) In general In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions and associated coastal waters of the United States. (B) Locations Locations of monitoring sites shall include— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; (iv) human communities with highly exposed and vulnerable populations; and (v) sensitive ecological areas in which substantive changes are expected to result from changes in domestic or international mercury emissions. (C) Colocation Monitoring sites shall be co-located with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. (4) International cooperation To the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17–816), which entered into force on August 16, 2017. (5) Data collection and distribution Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish— (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the Internet; and (B) assurance and quality standards for the database under subparagraph (A). (b) Functions (1) In general Under the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including— (A) the measurement and recording of wet mercury deposition; (B) an estimation of— (i) dry mercury deposition (such as litter mercury deposition or estimates of mercury accumulation in vegetation through eddy covariance measurements); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of stable isotopes of mercury and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (3) Water and soil chemistry The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including— (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. (4) Aquatic and terrestrial organisms The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including— (A) measurement and recording of total mercury and methyl mercury concentrations in— (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in— (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. 5. Advisory committee (a) Establishment The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the Mercury Monitoring Advisory Committee , to advise the Administrator and those Federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the program. (b) Membership The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including— (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. 6. Reports and public disclosure (a) Reports Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (c) Availability of data The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. 7. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024.
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II 117th CONGRESS 1st Session S. 1346 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Baldwin (for herself, Mr. Risch , Ms. Collins , Mr. Crapo , Mr. King , Mr. Leahy , Ms. Smith , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require enforcement against misbranded milk alternatives.
1. Short title This Act may be cited as the Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act or the DAIRY PRIDE Act . 2. Findings Congress finds as follows: (1) Dairy products are an important part of a healthy diet for both children and adults, according to the Dietary Guidelines for Americans, 2020–2025 (referred to in this section as the Dietary Guidelines ) published by the Department of Agriculture and the Department of Health and Human Services. The Dietary Guidelines state that most Americans are not meeting recommended intake for the dairy food group. (2) Consumption of dairy foods provides numerous health benefits, including lowering the risk of diabetes, metabolic syndrome, cardiovascular disease, and obesity. (3) The Dietary Guidelines state that dairy foods are sources of critical nutrients for human health, including vitamin D, calcium, and potassium, all of which are under consumed by people of the United States. Even though average consumption falls short of amounts recommended by the Food Patterns of the Department of Agriculture, on average across the calorie levels dairy foods still contribute about 68 percent of calcium, 76 percent of vitamin D, and 31 percent of magnesium. (4) Beginning at age 9 and persisting throughout every subsequent life-stage, individuals in the United States on average fail to meet the recommended amount of dairy intake for their age group, according to the Dietary Guidelines. The Dietary Guidelines note the gap between recommended and current intake of dairy widens throughout life stages and find the age-related decreasing intake of dairy for youth ages 2 through 18 to be notable and concerning . Overall, approximately 90 percent of the entire population of the United States does not meet the daily dairy intake recommendation. (5) The Dietary Guidelines state that the nutrient composition of dairy foods highlights the importance of adequate consumption, finding this to be especially relevant for the intake of calcium and vitamin D throughout an individual’s life. The Dietary Guidelines note that calcium and vitamin D are important at any age, that adolescents have an increased need for these nutrients to support accrual of bone mass, and that adults should give particular attention to consuming adequate amounts of foods with these nutrients to promote optimal bone health and prevent the onset of osteoporosis. Yet, close to 30 percent of men and 60 percent of women older than age 19 do not consume enough calcium, and more than 90 percent do not consume enough vitamin D. According to the Dietary Guidelines, dietary patterns that do not meet recommended consumption amounts for food groups and subgroups which include sources of calcium and vitamin D, such as dairy foods, contribute to low intake of these nutrients. (6) The Dietary Guidelines state that many products sold as milks but made from plants (e.g., almond, rice, coconut, oat, and hemp milks ) do not have an overall nutritional content similar to real milk and that most have significantly less protein than real milk and are not always fortified with calcium and vitamin D. The amount of calcium per calorie is lower for most plant-based alternative milk products. To obtain the amount of calcium contained in one cup of nonfat fluid milk from a plant-based milk alternative, the portion size and calorie intake must be greater. (7) Similarly, imitation dairy products, such as plant-based products derived from rice, nuts, hemp, coconut, algae, and other foods that imitate milk, yogurt, and cheese, often do not provide the same nutrition content as real cheese and yogurt derived from dairy cows. (8) Plant-based products labeled as milk are misleading to consumers. (9) The Food and Drug Administration has regulations that define milk and cream as the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows (section 131.110 of title 21, Code of Federal Regulations). This definition further applies to milk used to create other dairy products, including yogurt and cheese, as specified in sections 131 and 133 of title 21, Code of Federal Regulations. (10) Given the proliferation of plant-based products in the marketplace that are mislabeled as milk despite the standard of identity defined for this substance, enforcement by the Food and Drug Administration against these practices should be improved to avoid misleading consumers. 3. Purpose No food may be introduced or delivered for introduction into interstate commerce using a market name for a dairy product if the food does not meet the criterion set forth for dairy products under paragraph (z)(2) of section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) (as added by section 4(a)). 4. Enforcement of definition (a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) If it uses a market name for a dairy product described in subparagraph (3) and the food does not meet the criterion for being a dairy product, as described in subparagraph (2). (2) For purposes of this paragraph, a food is a dairy product only if the food is, contains as a primary ingredient, or is derived from, the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more hooved mammals. (3) A market name for a dairy product described in this subparagraph means the dairy product terms described in parts 131 and 133 of subchapter B of chapter I of title 21, Code of Federal Regulations, and sections 135.110, 135.115, and 135.140 of title 21, Code of Federal Regulations (or any successor regulations), or any other term for which the Secretary has promulgated a standard of identity with respect to a food that is formulated with a dairy product (as described in subparagraph (2)) as the primary ingredient. . (b) Guidance The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— (1) not later than 90 days after the date of enactment of this Act, issue draft guidance on how enforcement of the amendment made by subsection (a) will be carried out; and (2) not later than 180 days after the date of enactment of this Act, issue final guidance on such enforcement. (c) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall report to Congress on enforcement actions taken under paragraph (z) of section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by this Act, including warnings issued pursuant to such paragraph and penalties assessed under section 303 of such Act ( 21 U.S.C. 333 ) with respect to such paragraph. If food that is misbranded under section 403(z) is offered for sale in interstate commerce at the time of such report, the Commissioner of Food and Drugs shall include in such report an updated plan for enforcement with respect to such food.
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II 117th CONGRESS 1st Session S. 1347 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Duckworth (for herself, Mr. Booker , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to continue to carry out certain programs relating to environmental justice, and for other purposes.
1. Short title This Act may be cited as the Environmental Justice for Communities Act of 2021 . 2. Findings Congress finds that— (1) communities of color, low-income communities, Tribal and indigenous communities, fossil fuel-dependent communities, and other vulnerable populations, such as persons with disabilities, children, and the elderly, are disproportionately burdened by environmental hazards that include exposure to polluted air, waterways, and landscapes; (2) environmental justice disparities are also exhibited through a lack of equitable access to information and data on potential exposure to environmental hazards; (3) communities experiencing environmental injustice have been subjected to systemic racial, social, and economic injustices and face— (A) a disproportionate burden of adverse human health or environmental effects; (B) a higher risk of intentional and structural discrimination; and (C) disproportionate pollution burdens; (4) the disproportionate burdens described in paragraph (3)— (A) are being exacerbated by the COVID–19 pandemic; and (B) will be addressed with resources provided to environmental justice communities in the American Rescue Plan Act of 2021 ( Public Law 117–2 ); and (5) citizen involvement and empowerment will be essential for environmental justice communities to protect themselves during the COVID–19 pandemic. 3. Environmental justice grant programs (a) Environmental justice grants The Administrator of the Environmental Protection Agency shall continue to carry out— (1) the Environmental Justice Small Grants Program and the Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program, as those programs are in existence on the date of enactment of this Act; and (2) the Community Action for a Renewed Environment grant programs I and II, as in existence on January 1, 2012. (b) Distribution Not later than 30 days after amounts are made available pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall make awards of grants under each of the programs described in subsection (a). (c) Authorization of appropriations There is authorized to be appropriated to carry out the programs described in subsection (a) $50,000,000 for each of fiscal years 2022 through 2027.
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II 117th CONGRESS 1st Session S. 1348 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Hawley (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To require the Director of National Intelligence to declassify information relating to the origin of COVID–19, and for other purposes.
1. Short title This Act may be cited as the COVID–19 Origin Act of 2021 . 2. Findings Congress makes the following findings: (1) The Department of State released a fact sheet on January 15, 2021, about the Wuhan Institute of Virology (WIV) which stated the following: (A) The U.S. government has reason to believe that several researchers inside the WIV became sick in autumn 2019, before the first identified case of the outbreak, with symptoms consistent with both COVID–19 and common seasonal illnesses. . (B) WIV researchers conducted experiments involving RaTG13, the bat coronavirus identified by the WIV in January 2020 as its closest sample to SARS-CoV-2. . (C) Despite the WIV presenting itself as a civilian institution, the United States has determined that the WIV has collaborated on publications and secret projects with China's military. . (2) Former Director of the Centers for Disease Control and Prevention, Robert Redfield, stated in March 2021 that, the most likely etiology of this pathogen in Wuhan was from a laboratory and noted that, [i]t is not unusual for respiratory pathogens that are being worked on in a laboratory to infect the laboratory worker. . (3) Director-General of the World Health Organization Tedros Adhanom Ghebreyesus acknowledged in March 2021 that the Coronavirus Disease 2019 (COVID–19) may have originated in a laboratory and said this hypothesis requires further investigation, potentially with additional missions involving specialist experts. . 3. Sense of congress It is the sense of Congress that— (1) identifying the origin of Coronavirus Disease 2019 (COVID–19) is critical for preventing a similar pandemic from occurring in the future; (2) there is reason to believe the COVID–19 pandemic may have originated at the Wuhan Institute of Virology; and (3) the Director of National Intelligence should declassify and make available to the public as much information as possible about the origin of COVID–19 so the United States and like-minded countries can— (A) identify the origin of COVID–19 as expeditiously as possible, and (B) use that information to take all appropriate measures to prevent a similar pandemic from occurring again. 4. Declassification of information related to the origin of COVID–19 Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) declassify any and all information relating to potential links between the Wuhan Institute of Virology and the origin of the Coronavirus Disease 2019 (COVID–19), including— (A) activities performed by the Wuhan Institute of Virology with or on behalf of the People’s Liberation Army; (B) coronavirus research or other related activities performed at the Wuhan Institute of Virology prior to the outbreak of COVID–19; and (C) researchers at the Wuhan Institute of Virology who fell ill in autumn 2019, including for any such researcher— (i) the researcher’s name; (ii) the researcher’s symptoms; (iii) the date of the onset of the researcher’s symptoms; (iv) the researcher’s role at the Wuhan Institute of Virology; (v) whether the researcher was involved with or exposed to coronavirus research at the Wuhan Institute of Virology; (vi) whether the researcher visited a hospital while they were ill; and (vii) a description of any other actions taken by the researcher that may suggest they were experiencing a serious illness at the time; and (2) submit to Congress an unclassified report that contains— (A) all of the information described under paragraph (1); and (B) only such redactions as the Director determines necessary to protect sources and methods without altering or obscuring in any way the information described under paragraph (1).
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https://www.govinfo.gov/content/pkg/BILLS-117s1348is/xml/BILLS-117s1348is.xml
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117-s-1349
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II 117th CONGRESS 1st Session S. 1349 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Hoeven (for himself, Mr. Leahy , Mr. Boozman , Mr. Sanders , Mr. Rounds , Ms. Hassan , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits, and for other purposes.
1. Short title This Act may be cited as the Montgomery GI Bill Parity Act of 2021 . 2. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits (a) In general Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (k) (1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. (2) (A) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a less than half-time basis, the Secretary concerned shall, at the election of the individual, pay the individual an educational assistance allowance to meet all or a portion of the charges of the educational institution for tuition or expenses for the education or training that are not paid by the Secretary of the military department concerned under such subsection. (B) (i) The amount of the educational assistance allowance payable to an individual under this paragraph for a month shall be the amount of the educational assistance allowance to which the individual would be entitled for the month under subsection (b), (d), (e), or (f). (ii) The number of months of entitlement charged under this chapter in the case of an individual who has been paid an educational assistance allowance under this paragraph shall be equal to the number (including any fraction) determined by dividing the total amount of such educational assistance allowance paid the individual by the full-time monthly institutional rate of educational assistance which such individual would otherwise be paid under subparagraph (A), (B), (C), or (D) of subsection (b)(1), subsection (d), subsection (e), or subsection (f), as the case may be. . (b) Conforming amendments Section 2007(d) of such title is amended— (1) in paragraph (1), by inserting or chapter 1606 of this title after of title 38 ; and (2) in paragraph (2), by inserting , in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title before the period at the end.
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https://www.govinfo.gov/content/pkg/BILLS-117s1349is/xml/BILLS-117s1349is.xml
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117-s-1350
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II 117th CONGRESS 1st Session S. 1350 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Hassan (for herself and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes.
1. Short title This Act may be cited as the National Risk Management Act of 2021 . 2. National risk management cycle (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq.), is amended by adding at the end the following: 2218. National risk management cycle (a) Definitions In this section: (1) Critical infrastructure The term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (2) National critical functions The term national critical functions means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. (b) National risk management cycle (1) Risk identification and assessment (A) In general The Secretary, acting through the Director, shall establish a process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, vulnerabilities, and consequences. (B) Consultation In establishing the process required under subparagraph (A), the Secretary shall consult with Sector Risk Management Agencies, critical infrastructure owners and operators, and the National Cyber Director. (C) Publication Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A). (D) Report The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)— (i) not later than 1 year after the date of enactment of this section; and (ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) National critical infrastructure resilience strategy (A) In general Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. (B) Elements In each strategy delivered under subparagraph (A), the President shall— (i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise, disrupt, or impede their ability to support the national critical functions of national security, economic security, or public health and safety; (ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; (iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; (iv) identify the Federal departments or agencies responsible for leading each national-level action, program, or effort and the relevant critical infrastructure sectors for each; (v) outline the budget plan required to provide sufficient resources to successfully execute the full range of activities proposed or described by the strategy; and (vi) request any additional authorities or resources necessary to successfully execute the strategy. (C) Form Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. (3) Congressional briefing Not later than 1 year after the date on which the President delivers a strategy under this section, and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate committees of Congress on the national risk management cycle activities undertaken pursuant to the strategy. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 2217 the following: Sec. 2218. National risk management cycle. .
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117-s-1351
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II 117th CONGRESS 1st Session S. 1351 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Portman (for himself, Mr. Carper , Mr. Rubio , Mr. Coons , Mr. Barrasso , Ms. Cortez Masto , Mrs. Blackburn , Ms. Hassan , Mr. Grassley , Mr. Manchin , Mr. Hawley , Mrs. Shaheen , Mr. Johnson , Mr. Lankford , Mr. Risch , Mr. Romney , Mr. Scott of Florida , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To strengthen the security and integrity of the United States scientific and research enterprise.
1. Short title; table of contents (a) Short title This Act may be cited as the Safeguarding American Innovation 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. Sec. 3. Federal Research Security Council. Sec. 4. Federal grant application fraud. Sec. 5. Restricting the acquisition of goods, technologies, and sensitive information to certain aliens. Sec. 6. Limitations on educational and cultural exchange programs. Sec. 7. Amendments to disclosures of foreign gifts. 2. Definitions In this Act: (1) Federal science agency The term Federal science agency means any Federal department or agency to which more than $100,000,000 in research and development funds were appropriated for the previous fiscal year. (2) Research and development (A) In general The term research and development means all research activities, both basic and applied, and all development activities. (B) Development The term development means experimental development. (C) Experimental development The term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research The term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function. 3. Federal Research Security Council (a) In general Subtitle V of title 31, United States Code, is amended by adding at the end the following: 79 Federal Research Security Council Sec. 7901. Definitions. 7902. Federal Research Security Council establishment and membership. 7903. Functions and authorities. 7904. Strategic plan. 7905. Annual report. 7906. Requirements for Executive agencies. 7901. Definitions In this chapter: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Foreign Relations of the Senate ; (E) the Committee on Armed Services of the Senate ; (F) the Committee on Health, Education, Labor, and Pensions of the Senate ; (G) the Committee on Oversight and Reform of the House of Representatives ; (H) the Committee on Homeland Security of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Permanent Select Committee on Intelligence of the House of Representatives ; (K) the Committee on Foreign Affairs of the House of Representatives ; (L) the Committee on Armed Services of the House of Representatives; and (M) the Committee on Education and Labor of the House of Representatives . (2) Council The term Council means the Federal Research Security Council established under section 7902(a). (3) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5. (4) Federal research security risk The term Federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by Executive agencies. (5) Insider The term insider means any person with authorized access to any United States Government resource, including personnel, facilities, information, research, equipment, networks, or systems. (6) Insider threat The term insider threat means the threat that an insider will use his or her authorized access (wittingly or unwittingly) to harm the national and economic security of the United States or negatively affect the integrity of a Federal agency’s normal processes, including damaging the United States through espionage, sabotage, unauthorized disclosure of national security information or non-public information, or through the loss or degradation of departmental resources, capabilities, and functions. (7) Research and development (A) In general The term research and development means all research activities, both basic and applied, and all development activities. (B) Development The term development means experimental development. (C) Experimental development The term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— (i) is directed toward the production of new products or processes or improving existing products or processes; and (ii) like research, will result in gaining additional knowledge. (D) Research The term research — (i) means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and (ii) includes activities involving the training of individuals in research techniques if such activities— (I) utilize the same facilities as other research and development activities; and (II) are not included in the instruction function. (8) United states research community The term United States research community means— (A) research and development centers of Executive agencies; (B) private research and development centers in the United States, including for-profit and nonprofit research institutes; (C) research and development centers at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (D) research and development centers of States, United States territories, Indian tribes, and municipalities; (E) government-owned, contractor-operated United States Government research and development centers; and (F) any person conducting federally funded research or receiving Federal research grant funding. 7902. Federal Research Security Council establishment and membership (a) Establishment There is established, in the Office of Management and Budget, a Federal Research Security Council, which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the United States. (b) Membership (1) In general The following agencies shall be represented on the Council: (A) The Office of Management and Budget. (B) The Office of Science and Technology Policy. (C) The Department of Defense. (D) The Department of Homeland Security. (E) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center. (F) The Department of Justice, including the Federal Bureau of Investigation. (G) The Department of Energy. (H) The Department of Commerce, including the National Institute of Standards and Technology. (I) The Department of Health and Human Services, including the National Institutes of Health. (J) The Department of State. (K) The Department of Transportation. (L) The National Aeronautics and Space Administration. (M) The National Science Foundation. (N) The Department of Education. (O) The Small Business Administration. (P) The Council of Inspectors General on Integrity and Efficiency. (Q) Other Executive agencies, as determined by the Chairperson of the Council. (2) Lead representatives (A) Designation Not later than 45 days after the date of the enactment of this chapter, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council. (B) Functions The lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council. (c) Chairperson (1) Designation Not later than 45 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall designate a senior-level official from the Office of Management and Budget to serve as the Chairperson of the Council. (2) Functions The Chairperson shall perform functions that include— (A) subject to subsection (d), developing a schedule for meetings of the Council; (B) designating Executive agencies to be represented on the Council under subsection (b)(1)(Q); (C) in consultation with the lead representative of each agency represented on the Council, developing a charter for the Council; and (D) not later than 7 days after completion of the charter, submitting the charter to the appropriate congressional committees. (3) Lead science advisor The Director of the Office of Science and Technology Policy shall be the lead science advisor to the Chairperson for purposes of this chapter. (4) Lead security advisor The Director of the National Counterintelligence and Security Center shall be the lead security advisor to the Chairperson for purposes of this chapter. (d) Meetings The Council shall meet not later than 60 days after the date of the enactment of this chapter and not less frequently than quarterly thereafter. 7903. Functions and authorities (a) Definitions In this section: (1) Implementing The term implementing means working with the relevant Federal agencies, through existing processes and procedures, to enable those agencies to put in place and enforce the measures described in this section. (2) Uniform application process The term uniform application process means a process employed by Federal science agencies to maximize the collection of information regarding applicants and applications, as determined by the Council. (b) In general The Chairperson of the Council shall consider the missions and responsibilities of Council members in determining the lead agencies for Council functions. The Council shall perform the following functions: (1) Developing and implementing, across all Executive agencies that award research and development grants, a uniform application process for grants in accordance with subsection (c). (2) Developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information, data, research findings, and research and development grant proposals. (3) Identifying or developing criteria, in accordance with subsection (d), for sharing and receiving information with respect to Federal research security risks in order to mitigate such risks with— (A) members of the United States research community; and (B) other persons participating in federally funded research and development. (4) Identifying an appropriate Executive agency— (A) to accept and protect information submitted by Executive agencies and non-Federal entities based on the processes established under paragraphs (1) and (2); and (B) to facilitate the sharing of information received under subparagraph (A) to support, as necessary and appropriate— (i) oversight of federally funded research and development; (ii) criminal and civil investigations of misappropriated Federal funds, resources, and information; and (iii) counterintelligence investigations. (5) Identifying, as appropriate, Executive agencies to provide— (A) shared services, such as support for conducting Federal research security risk assessments, activities to mitigate such risks, and oversight and investigations with respect to grants awarded by Executive agencies; and (B) common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development. (6) Identifying and issuing guidance, in accordance with subsection (e) and in coordination with the National Insider Threat Task Force established by Executive Order 13587 ( 50 U.S.C. 3161 note) for developing and implementing insider threat programs for Executive agencies to deter, detect, and mitigate insider threats, including the safeguarding of sensitive information from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels and the distinct needs, missions, and systems of each such agency. (7) Identifying and issuing guidance for developing compliance and oversight programs for Executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection (c)(1). Such programs shall include an assessment of— (A) a grantee’s support from foreign sources and affiliations with foreign funding institutions or laboratories; and (B) the impact of such support and affiliations on United States national security and economic interests. (8) Assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the United States. (9) Identifying and issuing guidance to the United States research community, and other recipients of Federal research and development funding, to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data. (10) Identifying and issuing guidance on additional steps that may be necessary to address Federal research security risks arising in the course of Executive agencies providing shared services and common contract solutions under paragraph (5)(B). (11) Engaging with the United States research community in performing the functions described in paragraphs (1), (2), and (3) and with respect to issues relating to Federal research security risks. (12) Carrying out such other functions, as determined by the Council, that are necessary to reduce Federal research security risks. (c) Requirements for uniform grant application process In developing the uniform application process for Federal research and development grants required under subsection (b)(1), the Council shall— (1) ensure that the process— (A) requires principal investigators, co-principal investigators, and senior personnel associated with the proposed Federal research or development grant project— (i) to disclose biographical information, all affiliations, including any foreign military, foreign government-related organizations, and foreign-funded institutions, and all current and pending support, including from foreign institutions, foreign governments, or foreign laboratories, and all support received from foreign sources; and (ii) to certify the accuracy of the required disclosures under penalty of perjury; and (B) uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants; (2) design the process— (A) to reduce the administrative burden on persons applying for Federal research and development funding; and (B) to promote information sharing across the United States research community, while safeguarding sensitive information; and (3) complete the process not later than 1 year after the date of the enactment of the Safeguarding American Innovation Act . (d) Requirements for information sharing criteria In identifying or developing criteria and procedures for sharing information with respect to Federal research security risks under subsection (b)(3), the Council shall ensure that such criteria address, at a minimum— (1) the information to be shared; (2) the circumstances under which sharing is mandated or voluntary; (3) the circumstances under which it is appropriate for an Executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants; (4) the procedures for protecting intellectual capital that may be present in such information; and (5) appropriate privacy protections for persons involved in Federal research and development. (e) Requirements for insider threat program guidance In identifying or developing guidance with respect to insider threat programs under subsection (b)(6), the Council shall ensure that such guidance provides for, at a minimum— (1) such programs— (A) to deter, detect, and mitigate insider threats; and (B) to leverage counterintelligence, security, information assurance, and other relevant functions and resources to identify and counter insider threats; (2) the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats, including through— (A) monitoring user activity on computer networks controlled by Executive agencies; (B) providing employees of Executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats; (C) gathering information for a centralized analysis, reporting, and response capability; and (D) information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations; (3) the development and implementation of policies and procedures under which the insider threat program of an Executive agency accesses, shares, and integrates information and data derived from offices within the agency; (4) the designation of senior officials with authority to provide management, accountability, and oversight of the insider threat program of an Executive agency and to make resource recommendations to the appropriate officials; and (5) such additional guidance as is necessary to reflect the distinct needs, missions, and systems of each Executive agency. (f) Issuance of warnings relating to risks and vulnerabilities in international scientific cooperation (1) In general The Council, in conjunction with the lead security advisor under section 7902(c)(4), shall establish a process for informing members of the United States research community and the public, through the issuance of warnings described in paragraph (2), of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the United States research community or place at risk any federally funded research and development. (2) Content A warning described in this paragraph shall include, to the extent the Council considers appropriate, a description of— (A) activities by the national government, local governments, research institutions, or universities of a foreign country— (i) to exploit, interfere, or undermine research and development by the United States research community; or (ii) to misappropriate scientific knowledge resulting from federally funded research and development; (B) efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk— (i) the science and technology of that foreign country; or (ii) federally funded research and development; and (C) practices within the research enterprise of a foreign country that do not adhere to the United States scientific values of openness, transparency, reciprocity, integrity, and merit-based competition. (g) Program office and committees The interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) shall be a working group under the Council performing duties authorized under such section and as directed by the Council. The Council shall use any findings or work product, existing or forthcoming, by such working group. The Council may also establish a program office and any committees, working groups, or other constituent bodies the Council deems appropriate, in its sole and unreviewable discretion, to carry out its functions. (h) Exclusion orders To reduce Federal research security risk, the Interagency Suspension and Debarment Committee shall provide quarterly reports to the Council that detail— (1) the number of ongoing investigations by Council Members related to Federal research security that may result, or have resulted, in agency pre-notice letters, suspensions, proposed debarments, and debarments; (2) Federal agencies’ performance and compliance with interagency suspensions and debarments; (3) efforts by the Interagency Suspension and Debarment Committee to mitigate Federal research security risk; (4) proposals for developing a unified Federal policy on suspensions and debarments; and (5) other current suspension and debarment related issues. (i) Savings provision Nothing in this section may be construed to alter or diminish the authority of any Federal agency or to alter any procedural requirements or remedies that were in place before the date of the enactment of this chapter. 7904. Strategic plan (a) In general Not later than 180 days after the date of the enactment of this chapter, the Council shall develop a strategic plan for addressing Federal research security risks and for managing such risks, that includes— (1) the criteria and processes required under section 7903(b), including a threshold and requirements for sharing relevant information about such risks with all Executive agencies and, as appropriate, with other Federal entities, foreign governments, and non-Federal entities; (2) an identification of existing authorities for addressing such risks; (3) an identification and promulgation of best practices and procedures, and an identification of available resources, for Executive agencies to assess and mitigate such risks; (4) recommendations for any legislative, regulatory, or other policy changes to improve efforts to address such risks; (5) recommendations for any legislative, regulatory, or other policy changes to incentivize the adoption of best practices for avoiding and mitigating Federal research security risks by the United States research community and key United States foreign research partners; (6) an evaluation of the effect of implementing new policies or procedures on existing Federal grant processes, regulations, and disclosures of conflicts of interest and conflicts of commitment; (7) a plan for engaging with Executive agencies, the private sector, and other nongovernmental stakeholders to address such risks and share information between Executive agencies, the private sector, and nongovernmental stakeholders; and (8) a plan for identification, assessment, mitigation, and vetting of Federal research security risks. (b) Submission to Congress Not later than 7 calendar days after completion of the strategic plan required by subsection (a), the Chairperson of the Council shall submit the plan to the appropriate congressional committees. 7905. Annual report Not later than December 15 of each year, the Chairperson of the Council shall submit a report to the appropriate congressional committees that describes— (1) the activities of the Council during the preceding fiscal year; and (2) the progress made toward implementing the strategic plan required under section 7904 after such plan has been submitted to Congress. 7906. Requirements for Executive agencies (a) In general The head of each Executive agency on the Council shall be responsible for— (1) assessing Federal research security risks posed by persons participating in federally funded research and development; (2) avoiding or mitigating such risks, as appropriate and consistent with the standards, guidelines, requirements, and practices identified by the Council under section 7903(b); (3) prioritizing Federal research security risk assessments conducted under paragraph (1) based on the applicability and relevance of the research and development to the national security and economic competitiveness of the United States; and (4) ensuring that all agency initiatives impacting federally funded research grant making policy and management to protect the national and economic security interests of the United States are integrated with the activities of the Council. (b) Inclusions The responsibility of the head of an Executive agency for assessing Federal research security risk described in subsection (a) includes— (1) developing an overall Federal research security risk management strategy and implementation plan and policies and processes to guide and govern Federal research security risk management activities by the Executive agency; (2) integrating Federal research security risk management practices throughout the lifecycle of the grant programs of the Executive agency; (3) sharing relevant information with other Executive agencies, as determined appropriate by the Council in a manner consistent with section 7903; and (4) reporting on the effectiveness of the Federal research security risk management strategy of the Executive agency consistent with guidance issued by the Office of Management and Budget and the Council. . (b) Clerical amendment The table of chapters at the beginning of title 31, United States Code, is amended by inserting after the item relating to chapter 77 the following new item: 79. Federal Research Security Council 7901. . 4. Federal grant application fraud (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud (a) Definitions In this section: (1) Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (2) Federal grant The term Federal grant — (A) means a grant awarded by a Federal agency; (B) includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and (C) does not include— (i) direct United States Government cash assistance to an individual; (ii) a subsidy; (iii) a loan; (iv) a loan guarantee; or (v) insurance. (3) Federal grant application The term Federal grant application means an application for a Federal grant. (4) Foreign compensation The term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— (A) a foreign government; (B) a foreign government institution; or (C) a foreign public enterprise. (5) Foreign government The term foreign government includes a person acting or purporting to act on behalf of— (A) a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or (B) a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government. (6) Foreign government institution The term foreign government institution means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government. (7) Foreign public enterprise The term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence. (8) Law enforcement agency The term law enforcement agency — (A) means a Federal, State, local, or Tribal law enforcement agency; and (B) includes— (i) the Office of Inspector General of an establishment (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.)); and (ii) the Office of Inspector General, or similar office, of a State or unit of local government. (9) Outside compensation The term outside compensation means any compensation, resource, or support regardless of monetary value made available to the applicant in support of or related to any research endeavor, including, but not limited to, a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including, but not limited to, materials, travel compensation, or work incentives. (b) Prohibition It shall be unlawful for any individual to knowingly— (1) prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual; (2) forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or (3) prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that— (A) contains a false statement; (B) contains a material misrepresentation; (C) has no basis in law or fact; or (D) fails to disclose a material fact. (c) Exception Subsection (b) does not apply to an activity— (1) carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— (A) a law enforcement agency; or (B) a Federal intelligence agency; or (2) authorized under chapter 224. (d) Penalty Any individual who violates subsection (b)— (1) shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and (2) shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1). . (b) Clerical amendment The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud. . 5. Restricting the acquisition of goods, technologies, and sensitive information to certain aliens (a) Grounds of inadmissibility Section 212(a)(3)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A)(i) ) is amended to read as follows: (i) any activity— (I) to violate any law of the United States relating to espionage or sabotage; (II) to violate or evade any law prohibiting the export from the United States of goods, technologies, or sensitive information; or (III) to acquire export-controlled goods, technologies, or sensitive information through any exclusions for items normally subject to export controls if the Secretary of State has determined that the acquisition of those goods, technologies, or sensitive information by that alien would be contrary to an articulable national security (including economic security) interest of the United States; . (b) Determining factors (1) In general To determine whether an alien is inadmissible under section 212(a)(3)(A)(i)(III) of the Immigration and Nationality Act, as amended by subsection (a), officials of the Department of State shall— (A) seek advice and assistance from officials at the Office of the Director of National Intelligence, the Office of Science and Technology Policy, the Department of Health and Human Services, the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Commerce, and other appropriate Federal agencies; (B) make a determination of the alien’s past, current, or intended employment or cooperation with— (i) foreign military and security related organizations that are adversarial to the United States; (ii) foreign institutions involved in the theft of United States research; (iii) entities involved in export control violations or the theft of intellectual property; (iv) a government that seeks to undermine the integrity and security of the United States research community; or (v) other associations or collaborations that pose a national or economic security threat based on intelligence assessments; and (C) weigh the proportionality of risk for the factors listed in subparagraph (B). (2) Machine-readable documents Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall— (A) use a machine-readable visa application form; and (B) make available documents submitted in support of a visa application in a machine readable format to assist in— (i) identifying fraud; (ii) conducting lawful law enforcement activities; and (iii) determining the eligibility of applicants for a visa under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). (c) Reporting requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall submit a report to Congress that identifies— (1) any criteria used to describe the aliens to which such section 212(a)(3)(A)(i)(III) may apply; and (2) the number of individuals determined to be inadmissible under such section 212(a)(3)(A)(i)(III), including the nationality of each such individual. (d) Classification of annual report Each annual report required under subsection (c) shall be submitted, to the extent practicable, in an unclassified form, but may be accompanied by a classified appendix detailing the criteria used to describe the aliens to which such section 212(a)(3)(A)(i)(III) applies if the Secretary of State determines that such action— (1) is in the national security and economic security interests of the United States; or (2) is necessary to further the purposes of this Act. (e) Report Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Commerce, Science, and Transportation of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Oversight and Reform of the House of Representatives , the Committee on Homeland Security of the House of Representatives , the Committee on Energy and Commerce of the House of Representatives , the Permanent Select Committee on Intelligence of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that— (1) describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the Department of State with authorized Federal agencies; (2) identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable; (3) provides cost estimates, including personnel costs and a cost-benefit analysis for adopting different technologies, including optical character recognition, for— (A) making every element of a visa application, and documents submitted in support of a visa application, machine-readable; and (B) ensuring that such system— (i) protects personally identifiable information; and (ii) permits the sharing of visa information with Federal agencies in accordance with existing law; and (4) includes an estimated timeline for completing the implementation of subsection (b)(2). 6. Limitations on educational and cultural exchange programs Section 102(b)(5) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2452(b)(5) ) is amended by striking the semicolon at the end and inserting the following: “by developing exchange programs for foreign researchers and scientists, while protecting technologies regulated by export control laws important to the national security and economic interests of the United States, including requiring sponsors— (A) to disclose to the Department of State whether an exchange visitor, as a primary part of his or her exchange program, will have released to them controlled technology or technical data regulated by export control laws at sponsor organizations through research activities, lectures, course work, sponsor employees, officers, agents, third parties at which the sponsor places the exchange visitor, volunteers, or other individuals or entities associated with a sponsor’s administration of the exchange visitor program; (B) to provide a plan to the Department of State that establishes appropriate program safeguards to prevent the unauthorized release of controlled technology or technical data regulated by export control laws at sponsor organizations or through their employees, officers, agents, third parties, volunteers, or other individuals or entities associated with a sponsor’s administration of the exchange visitor program; and (C) to demonstrate, to the satisfaction of the Secretary of State, that programs that will release controlled technology or technical data to an exchange visitor at the sponsor organization through exchange visitor programs have received appropriate authorization from the Department of State, the Department of Commerce, other cognizant Federal agency before the sponsor releases controlled technology or technical data; . 7. Amendments to disclosures of foreign gifts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) by amending subsection (a) to read as follows: (a) Disclosure report (1) In general An institution shall file a disclosure report with the Secretary not later than March 31 occurring after— (A) the calendar year in which a foreign source gains ownership of, or control over, the institution; or (B) the calendar year in which the institution receives a gift from, or enters into a contract with, a foreign source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year. (2) Revisions; updates The Secretary shall permit institutions to revise and update disclosure reports previously filed to ensure accuracy, compliance, and the ability to cure. ; (2) by amending subsection (b) to read as follows: (b) Contents of report Each report to the Secretary required by this section shall contain the following: (1) For gifts received from or contracts entered into with a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source. The country to which a gift is attributable is the country of citizenship, or if unknown, the principal residence for a foreign source who is a natural person, and the country of incorporation, or if unknown, the principal place of business, for a foreign source which is a legal entity. (2) For gifts received from or contracts entered into with a foreign government, the aggregate amount of such gifts and contracts received from each foreign government. (3) In the case of an institution which is owned or controlled by a foreign source, the identity of the foreign source, the date on which the foreign source assumed ownership or control, and any changes in program or structure resulting from the change in ownership or control. (4) An assurance that the institution will maintain true copies of gift and contract agreements subject to the disclosure requirements under this section for at least the duration of the agreement. (5) An assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the Secretary during a compliance audit or other institutional investigation. ; (3) by amending subsection (e) to read as follows: (e) Public inspection Not later than 30 days after receiving a disclosure report under this section, the Secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared. ; (4) in subsection (f), by adding at the end the following: (3) Fines (A) In general The Secretary may impose a fine on any institution that repeatedly fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in accordance with subsection (a) in an amount that is not more than 3 times the amount of the gift or contract with the foreign source. (B) Definition of repeatedly fails In this paragraph, the term repeatedly fails means that the institution failed to file a disclosure report for a receipt of a gift from or contract with a foreign source in 3 consecutive years. ; (5) by amending subsection (g) to read as follows: (g) Rulemaking (1) In general Not later than 1 year after the date of enactment of the Safeguarding American Innovation Act , the Secretary shall issue regulations to carry out this section using the negotiated rulemaking procedure set forth in section 492(b). (2) Elements Regulations issued pursuant to paragraph (1) shall— (A) incorporate instructions for— (i) reporting structured gifts and contracts; and (ii) reporting contracts that balances the need for transparency, while protecting the proprietary information of institutes of higher education; and (B) clarify the definition of subunit , for purposes of subsection (i)(4)(C). ; (6) by redesignating subsection (h) as subsection (i); (7) by inserting after subsection (g) the following: (h) Treatment of tuition payment A tuition and related fees and expenses payment to an institution by, or a scholarship from, a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this section. ; and (8) in subsection (i), as redesignated— (A) in paragraph (3), by striking or property and inserting , property, resources, or staff, including any funds provided to the institution and used to pay, or designated for the payment of, staff ; and (B) in paragraph (5)(B), by inserting institutes, instructional programs, after centers, .
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II 117th CONGRESS 1st Session S. 1352 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Murkowski (for herself, Mr. Sullivan , Mr. Cramer , Mr. Risch , Mr. Tillis , Mrs. Capito , Mr. Crapo , Mr. Daines , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, and for other purposes.
1. Critical minerals supply chains and reliability (a) Definition of critical mineral In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( Public Law 116–260 ; 134 Stat. 2562; 30 U.S.C. 1606(a) ). (b) Sense of congress It is the sense of Congress that— (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal permitting and review performance improvements To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretaries ), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by— (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders— (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments— (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and report Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that— (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, including by— (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance metric Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (f) Annual reports Not later than the date on which the President submits the first budget of the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (e), and annually thereafter, the Secretaries shall submit to Congress a report that— (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d); (2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (g) Individual projects Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.
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II 117th CONGRESS 1st Session S. 1353 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To promote United States values and fulfill agency missions through the use of innovative applied artificial intelligence technologies, and for other purposes.
1. Short title This Act may be cited as the Advancing American AI Act . 2. Purpose The purposes of this bill are to— (1) promote adoption of modernized business practices and advanced technologies across the Federal Government that align with the values of the United States, including the protection of privacy, civil rights, and civil liberties; (2) encourage agency artificial intelligence-related programs and initiatives that enhance the competitiveness of the United States and foster an approach to artificial intelligence that builds on the strengths of the United States in innovation and entrepreneurialism; (3) enhance Government venues to translate research advances into artificial intelligence applications to modernize systems and assist agency leaders in fulfilling their missions; (4) test applied artificial intelligence to drive agency productivity efficiencies in predictive supply chain and logistics; and (5) test applied artificial intelligence to accelerate investment return for agencies, such as for portfolio management, workforce development and upskilling, and for other purposes. 3. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (3) Artificial intelligence The term artificial intelligence has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). (4) Director The term Director means the Director of the Office of Management and Budget. 4. Principles and policies for use of artificial intelligence in Government (a) Continual review (1) In general The Director shall— (A) establish mechanisms to continually refine the guidance issued to the head of each agency under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ) as best practices evolve; and (B) not later than 180 days after the date of enactment of this Act and every year thereafter, brief the appropriate congressional committees on the mechanisms established under subparagraph (A). (2) Considerations In developing updates to the guidance described in paragraph (1)(A), the Director shall consider the input of— (A) the Privacy and Civil Liberties Oversight Board; (B) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (C) and any other individual or entity the Director determines to be appropriate. (3) Amendment to AI in Government Act of 2020 Section 104(d) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ) is amended to read as follows: (d) Updates The Director shall— (1) continually issue updates to the memorandum required under subsection (a); and (2) in any event, issue updates to the memorandum required under subsection (a)— (A) not later than 2 years after the date on which the Director issues the memorandum; and (B) not less frequently than annually thereafter for 10 years. . (b) Legal and approval processes for procurement and use of AI-Enabled systems Not later than 180 days after the date of enactment of this Act— (1) the Secretary of Homeland Security, with the participation of the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall revise the legal and approval processes for the procurement and use of artificial intelligence-enabled systems, including associated data of machine learning systems, to ensure that full consideration is given to the privacy, civil rights, and civil liberties impacts of artificial intelligence-enabled systems; and (2) the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall report to Congress on any additional staffing or funding resources that may be required to carry out the requirements of this subsection. (c) Inspector General Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall identify any training needed to enable employees of the Office of the Inspector General to continually advance their understanding of— (1) rapidly evolving artificial intelligence technologies; (2) best practices for governance, oversight, and audits of the use of those technologies; and (3) how the Office of the Inspector General is using artificial intelligence to enhance audit and investigative capabilities, including actions to— (A) ensure the integrity of audit and investigative results; and (B) guard against bias in the selection and conduct of audits and investigations. (d) Artificial intelligence hygiene and protection of privacy and government information (1) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator of the Office of Federal Procurement Policy and the Chief Acquisition Officers Council (in this subsection referred to as the Council ) or working group thereof shall develop a process to— (A) ensure that contracts involving artificial intelligence— (i) align with the guidance issued to the head of each agency under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ); (ii) address protection of privacy; and (iii) the ownership and security of data and other information obtained, processed, stored, transmitted, or otherwise handled by a contractor or subcontractor; and (B) address any other issue or concern determined to be relevant by the Administrator of the Office of Federal Procurement Policy and the Council to ensure appropriate use and protection of privacy and Government data and other information. (2) Review Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Council shall update the process developed under paragraph (1). (3) Briefing The Council shall brief the appropriate congressional committees— (A) not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Council first implements the process developed under paragraph (1); and (B) annually thereafter on the implementation of the process developed under paragraph (1). (4) Sunset This subsection shall cease to be effective on the date that is 10 years after the date of enactment of this Act. 5. Agency inventory and artificial intelligence use cases (a) In general Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Federal Chief Information Officer and the Chief Information Officers Council, shall issue a memorandum to the head of each agency that shall articulate the method by which the agency shall make public information about the use of artificial intelligence by the agency, including the publication criteria, publication format, and method of publication. (b) Inventory Not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 10 years, the head of each agency shall— (1) prepare an inventory of the artificial intelligence use cases of the agency, including current and planned uses, consistent with the memorandum issued under subsection (a); (2) identify, review, and assess existing artificial intelligence deployed and operating in support of agency missions for any inconsistencies with the guidance issued under section 104 of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ) and any additional guidance issued by the Director; (3) develop and implement plans to achieve consistency with the guidance issued under section 104 of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ) and any additional guidance from the Director for each AI application or to retire AI applications found to be developed or used in a manner that is not consistent with guidance issued by the Director; (4) share agency inventories with other agencies, to the extent practicable and consistent with applicable law and policy, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information; and (5) make agency inventories available to the public, in a manner determined by the Director, and to the extent practicable and in accordance with applicable law and policy, including those concerning the protection of privacy and of sensitive law enforcement, national security, and other protected information. (c) Sharing The sharing of agency inventories described in subsection (b)(4) may be coordinated through the Chief Information Officers Council, the Chief Data Officers Council, the Chief Financial Officers Council, the Chief Acquisition Officers Council, or other interagency bodies to improve interagency coordination and information sharing for common use cases. (d) Central inventory The Director shall designate a host entity and ensure the creation and maintenance of an online public directory in order to— (1) make agency artificial intelligence use case information available to the public and those wishing to do business with the Government; and (2) identify common use cases across agencies. 6. Rapid pilot, deployment, and scale of applied artificial intelligence capabilities to demonstrate modernization activities related to use cases (a) Identification of use cases Not later than 270 days after the date of enactment of this Act, the Director shall identify not fewer than 5 new use cases for the application of cross-enterprise artificial intelligence-enabled systems to support modernization initiatives across agencies, including interagency or intra-agency initiatives that require linking multiple siloed internal and external data sources. (b) Pilot program (1) Purposes The purposes of the pilot program under this section are— (A) to enable agencies to operate cross-enterprise, coordinating between existing established programs and silos to improve delivery of the agency mission; and (B) to demonstrate the circumstances under which artificial intelligence can be used to modernize or assist in modernizing legacy agency systems. (2) Deployment and pilot Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the heads of relevant agencies and other officials as the Director determines to be appropriate, shall ensure the initiation of the piloting of 5 new cross-enterprise technology use case applications that leverage commercially available technologies and systems to demonstrate scalable artificial intelligence-enabled capabilities to support the use cases identified under subsection (a). (3) Prioritization In carrying out paragraph (2), the Director shall prioritize modernization projects that would benefit from commercially available privacy-preserving machine learning and artificial intelligence techniques, such as use of differential privacy, federated learning, and secure multiparty computing. (4) Use case modernization application areas Use case modernization application areas described in paragraph (2) shall include not fewer than 1 from each of the following categories: (A) Applied artificial intelligence to drive agency productivity efficiencies in predictive supply chain and logistics, such as— (i) predictive food demand and optimized supply; (ii) predictive medical supplies and equipment demand and optimized supply; or (iii) predictive logistics to accelerate disaster recovery. (B) Applied artificial intelligence to accelerate agency investment return and address mission-oriented challenges, such as— (i) applied artificial intelligence portfolio management for agencies; (ii) workforce development and upskilling; (iii) redundant and laborious analyses; (iv) determining compliance with Government requirements, such as with grants management; or (v) outcomes measurement to measure economic and social benefits. (5) Requirements Not later than 3 years after the date of enactment of this Act, the Director, in coordination with the heads of relevant agencies and other officials as the Director determines to be appropriate, shall establish an artificial intelligence capability that— (A) solves data access and usability issues with automated technology and eliminate or minimize the need for manual data cleansing and harmonization efforts; (B) continuously and automatically ingests data and updates domain models in near real-time to help identify new patterns and predict trends to help agency personnel to make better decisions and take faster actions; (C) organizes data for meaningful data visualization and analysis so the Government has predictive transparency for situational awareness to improve use case outcomes; (D) is rapidly configurable to support multiple applications and automatically adapts to dynamic conditions and evolving use case requirements; (E) enables knowledge transfer and collaboration across agencies; and (F) preserves intellectual property rights to the data and output for benefit of the Federal Government and agencies. (6) Technology modernization fund (A) In general The activities required under this section shall be an allowable use under the Technology Modernization Fund established under section 1078 of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note) (in this paragraph referred to as the Fund ). (B) Prioritization The Director may prioritize the activities in this section for implementation and funding by the Fund, in which case the Director is encouraged to take steps to ensure that agencies are able to rapidly and effectively implement the pilots under this subsection, including by removing reimbursement requirements for funding from the Fund. (c) Briefing Not earlier than 270 days but not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Director shall brief the appropriate congressional committees on the activities carried out under this section and results of those activities. 7. Enabling entrepreneurs and values (a) Innovative commercial items Section 880 of the National Defense Authorization Act for Fiscal Year 2017 ( 41 U.S.C. 3301 note) is amended— (1) in subsection (c), by striking $10,000,000” and inserting $25,000,000 ; and (2) by amending subsection (f) to read as follows: (f) Definitions In this section— (1) the term commercial product has the meaning given the term commercial item in section 2.101 of the Federal Acquisition Regulation; and (2) the term innovative means— (A) any new technology, process, or method, including research and development; or (B) any new application of an existing technology, process, or method. ; and (3) in subsection (g), by striking 2022 and insert 2027 . (b) DHS other transaction authority Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking September 30, 2017 and inserting September 30, 2024 ; and (B) by amending paragraph (2) to read as follows: (2) Prototype projects The Secretary— (A) may, under the authority of paragraph (1), carry out prototype projects under section 2371b of title 10, United States Code; and (B) in applying the authorities of such section 2371b, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section. ; (2) in subsection (c)(1), by striking “September 30, 2017” and inserting September 30, 2024 ; and (3) in subsection (d), by striking section 845(e) and all that follows and inserting section 2371b(e) of title 10, United States Code. . 8. Authorization of appropriations There is authorized to be appropriated such sums as the necessary to carry out the requirements of this Act and the amendments made by this Act.
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II 117th CONGRESS 1st Session S. 1354 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to designate the Chilkoot National Historic Trail and to provide for a study of the Alaska Long Trail, and for other purposes.
1. Short title This Act may be cited as the Alaska Trails Act . 2. Designation of the Chilkoot National Historic Trail Section 5(a) of the National Trails System Act ( 16 U.S.C. 1244(a) ) is amended by adding at the end the following: (31) Chilkoot National Historic Trail (A) In general The Chilkoot National Historic Trail, a traditional gold rush route of approximately 16.5 miles within the Klondike Gold Rush National Historical Park, as generally depicted on the map entitled Proposed Chilkoot National Historic Trail , numbered KLGO–461–173787, and dated October 2020. (B) Availability of map The map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (C) Administration The Chilkoot National Historic Trail shall be administered by the Secretary of the Interior. (D) Effect The designation of the Chilkoot National Historic Trail shall not affect any authorities under Public Law 94–323 ( 16 U.S.C. 410bb et seq.). (E) Coordination of activities The Secretary of the Interior may coordinate with public and nongovernmental organizations and institutions of higher education in the United States and Canada, Alaska Native Corporations, and, in consultation with the Secretary of State, the Government of Canada and any political subdivisions of the Government of Canada for the purposes of— (i) exchanging information and research relating to the Chilkoot National Historic Trail; (ii) supporting the preservation of, and educational programs relating to, the Chilkoot National Historic Trail; (iii) providing technical assistance with respect to the Chilkoot National Historic Trail; and (iv) working to establish an international historic trail incorporating the Chilkoot National Historic Trail that provides for complementary preservation and education programs in the United States and Canada. . 3. Alaska Long National Scenic Trail Study Section 5(c) of the National Trails System Act ( 16 U.S.C. 1244(c) ) is amended by adding at the end the following: (48) Alaska Long Trail (A) In general The Alaska Long Trail, extending approximately 500 miles from Seward, Alaska, to Fairbanks, Alaska. (B) Requirement The Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this paragraph as the Secretary ), shall study the feasibility of designating the trail described in subparagraph (A). (C) Consultation The Secretary shall conduct the study under this paragraph in consultation with— (i) the Secretary of Agriculture, acting through the Chief of the Forest Service; (ii) the State of Alaska; (iii) units of local government in the State of Alaska; (iv) Alaska Native Corporations; and (v) representatives of the private sector, including any entity that holds a permit issued by the Federal Energy Regulatory Commission. .
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https://www.govinfo.gov/content/pkg/BILLS-117s1354is/xml/BILLS-117s1354is.xml
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117-s-1355
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II 117th CONGRESS 1st Session S. 1355 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Consumer Product Safety Act to strike provisions that limit the disclosure of certain information by the Consumer Product Safety Commission.
1. Short title This Act may be cited as the Sunshine in Product Safety Act . 2. Disclosure of information on consumer products (a) In general Section 6 of the Consumer Product Safety Act ( 15 U.S.C. 2055 ) is amended by striking subsection (b). (b) Conforming amendments The Consumer Product safety Act is amended— (1) in section 6A ( 15 U.S.C. 2055a ), by striking and (b) each place that such appears in subsections (b)(3) and (f); and (2) in section 29 ( 15 U.S.C. 2078 )— (A) in subsection (e)(B), by striking unless with respect to such information the Commission has complied with the applicable requirements of section 6(b) ; and (B) in subsection (f)(1), by striking subsections (a)(3) and (b) and inserting subsection (a)(3) .
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https://www.govinfo.gov/content/pkg/BILLS-117s1355is/xml/BILLS-117s1355is.xml
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117-s-1356
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II 117th CONGRESS 1st Session S. 1356 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes.
1. Short title This Act may be cited as the Healthy Soils Healthy Climate Act of 2021 . 2. Amendments to the Food Security Act of 1985 (a) Increased payments for high-Priority practices Section 1240B(d)(7)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7)(A) ) is amended— (1) in clause (iii), by striking or at the end; (2) in clause (iv), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (v) increases soil organic carbon levels. . (b) Incentive payments for soil health practices and carbon sequestration monitoring (1) In general Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) is amended by adding at the end the following: (k) Incentive payments for soil health practices and carbon sequestration monitoring (1) In general The Secretary shall provide incentive payments to producers to adopt practices designed to improve soil health through increasing carbon levels in soil (referred to in this section as soil organic carbon levels ). (2) Requirements In providing the incentive payments under paragraph (1), the Secretary shall— (A) establish payments to provide an incentive for the use of practices across a variety of geographic regions that— (i) improve soil health; (ii) sequester carbon in the soil; or (iii) meet the goals described in clauses (i) and (ii); and (B) establish protocols for measuring soil organic carbon levels before and after treatment under this subsection to measure gains in soil health as a result of the practices. (3) Priority In providing incentive payments under paragraph (1), the Secretary shall give priority to providing the payments to— (A) small producers, as determined by the Secretary; (B) producers in rural areas, as determined by the Secretary; or (C) socially disadvantaged farmers, as determined by the Secretary. (4) Study; report to Congress (A) Study Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall conduct a study regarding changes in soil health and soil organic carbon levels as a result of the practices used under this subsection. (B) Report to Congress Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall submit to Congress a report describing and analyzing the results of the study conducted under subparagraph (A). (C) Inclusion The report under subparagraph (B) shall include an analysis of— (i) the effect of various practices on soil organic carbon levels; (ii) the extent to which the lessons learned in carrying out this subsection can be transferred to other geographic regions; (iii) further data required to substantiate the connection between soil organic carbon levels and crop yield and resiliency, if applicable; (iv) the effect of multiple practices on soil organic carbon levels; and (v) potential barriers to data collection across a variety of geographic regions. . (2) Funding Section 1240B(f) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(f) ) is amended by adding at the end the following: (3) Incentive payments for soil health practices and carbon sequestration monitoring For each fiscal year for which funds are made available under section 1241(a)(3)(A), of the funds made available for payments under the program, $100,000,000 shall be used to provide incentive payments under subsection (k). . (3) Conforming amendments Section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 ) is amended— (A) in subsection (c), by striking paragraph (7); and (B) in subsection (d)(1)— (i) in subparagraph (B), by adding and at the end; (ii) in subparagraph (C), by striking ; and and inserting a period; and (iii) by striking subparagraph (D). (c) Priority for soil health and carbon sequestration Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) (as amended by subsection (b)(1)) is amended by adding at the end the following: (l) Priority for soil health and carbon sequestration (1) In general To the maximum extent feasible, the Secretary shall manage the program to promote practices at least 1 of the benefits of which is enhancement of soil health or increasing soil organic carbon levels. (2) Soil health and carbon sequestration on eligible land The Secretary shall— (A) develop ranking and scoring criteria under the program that prioritize practices that score highest in soil carbon sequestration on eligible land; and (B) develop a soil organic carbon conservation activity plan under the program to measure and monitor sequestration and mitigation improvement levels from the practices described in subparagraph (A), such as cover crops, crop rotation, and improved soil management. . (d) Streamlining and coordination Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) (as amended by subsection (c)) is amended by adding at the end the following: (m) Streamlining and coordination To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B, including applications, contracting, conservation planning, conservation practices, and related administrative procedures. . (e) Soil health and carbon science research program at agriculture research stations The Secretary of Agriculture shall establish a program— (1) to provide grants to land-grant colleges and universities to conduct research relating to soil health and carbon science; and (2) to conduct research relating to soil health and carbon science at agriculture research stations of the Department of Agriculture.
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https://www.govinfo.gov/content/pkg/BILLS-117s1356is/xml/BILLS-117s1356is.xml
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117-s-1357
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II 117th CONGRESS 1st Session S. 1357 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Ernst (for herself, Mr. Coons , Mr. Casey , Mrs. Hyde-Smith , Mr. Wicker , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize the Director of the National Institutes of Health to make awards to outstanding scientists, including physician-scientists, to support researchers focusing on pediatric research, including basic, clinical, translational, or pediatric pharmacological research, and for other purposes.
1. Short title This Act may be cited as the Pediatricians Accelerate Childhood Therapies Act of 2021 or the PACT Act of 2021 . 2. Trans-NIH Awards for Early-Career Pediatric Researchers Part G of title IV of the Public Health Service Act ( 42 U.S.C. 288 et seq.) is amended by adding at the end the following new section: 489A. Trans-NIH Awards for Early-Career Pediatric Researchers (a) In general The Director of the NIH shall make awards to outstanding scientists, including physician-scientists, to support early-career researchers focusing on pediatric research, including basic, clinical, translational, or pediatric pharmacological research. (b) Priority research populations In carrying out subsection (a), the Director of NIH may prioritize the issuance of awards to applicants who— (1) are individual researchers presenting qualifying applications and representing populations that have been historically underrepresented in pediatric medical research, including women and underrepresented racial minorities; or (2) are institutions of higher education that are eligible to receive funds under part A or B of title III of the Higher Education Act of 1965, part A or B of title V of such Act, or subpart 4 of part A of title VII of such Act, or research institutions partnering with such institutions of higher education to offer programs to support early-career pediatric researchers. (c) Priority research topic areas In carrying out subsection (a), the Director of NIH, in consultation with the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and the directors of other national research institutes and national centers that participate within the Trans-NIH Pediatric Research Consortium, shall— (1) establish priority research topic areas, informed by external stakeholders, including research institutions, research societies, patient organizations, and industry; and (2) consider opportunities to align such priority pediatric research topic areas with current and future priorities of the National Institutes of Health, including— (A) pediatric and adolescent mental and behavioral health, including addiction medicine; (B) childhood cancer; (C) precision medicine, genetics, and genomics; (D) rare diseases and disorders, such as sickle cell disease, and other diseases and disorders with significant unmet training needs; and (E) fetal, placental, and neonatal development. (d) Requirements The Director of NIH— (1) shall require recipients of awards under this section to use such awards to support pediatric research activities, including costs associated with laboratory staff and other costs associated with the conduct of research; and (2) may allow recipients of awards under this section to use such awards for costs associated with receiving guidance and training from senior researchers and mentors, as necessary to help such recipients reach a state of research independence, including conferences and other meeting participation. (e) Supplement, not supplant Awards made under this section shall be used to supplement, and not supplant, other funding for pediatric research and career development awards. . 3. Trans-NIH Pediatric Consortium Title IV of the Public Health Service is amended by inserting after section 409D ( 42 U.S.C. 284h ) the following new section: 409D–1. Trans-NIH Pediatric Consortium (a) Establishment The Director of NIH shall establish and maintain a consortium to be known as the Trans-NIH Pediatric Research Consortium (in this sections referred to as the Consortium ) to coordinate pediatric research programs across the National Institutes of Health. (b) Membership The members of the Consortium shall consist of representatives of multiple national research institutes and national centers. (c) Chair The Chair of the Consortium shall be the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (or the Director’s designee). (d) Duties In coordinating pediatric research programs across the National Institutes of Health, the Consortium shall— (1) establish pediatric research priorities; (2) identify gaps and opportunities for research collaborations involving multiple national research institutes and national centers; and (3) identify opportunities to develop the next generation of pediatric researchers. (e) Consultation The Consortium shall consult regularly with external experts in the field of pediatric research, including children’s hospitals, children’s research institutions, patient organizations, and other stakeholders. (f) Reporting Beginning one year after the date of enactment of the Pediatricians Accelerate Childhood Therapies Act of 2021 and every 2 years thereafter, the Consortium shall submit to Congress, and make publicly available on the website of the National Institutes of Health, a report on— (1) any research project involving pediatrics and involving more than one Institute or Center that was supported during the review period; (2) any strategic initiatives that include a significant pediatric component; (3) career development awards for early-career researchers focused in pediatrics, including specific numbers of awards and amount of funding, made during the review period; (4) details on the composition of awards for early-career researchers, including demographic details indicating the proportion of recipients from populations that have been underrepresented in pediatric medical research; and (5) such other information as the Director of NIH determines appropriate. .
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https://www.govinfo.gov/content/pkg/BILLS-117s1357is/xml/BILLS-117s1357is.xml
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117-s-1358
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II 117th CONGRESS 1st Session S. 1358 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Cornyn (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish regional processing centers, to improve the asylum and credible fear processes to promote fairness and efficiency, to require immigration court docketing priorities during irregular migration influx events, and to improve the capability of the Department of Homeland Security to manage migration flows, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Bipartisan Border Solutions Act of 2021 . (b) Table of contents Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Regional processing centers. Sec. 4. Credible fear determination and asylum process improvement pilot programs. Sec. 5. Immigration court docketing priorities during irregular migration influx events. Sec. 6. Office for Civil Rights and Civil Liberties impact assessment. Sec. 7. Plan to expand legal orientation program. Sec. 8. Modifications to U.S. Customs and Border Protection standards on transport, escort, detention, and search to conform with legal orientation program requirements. Sec. 9. Standard operating procedures; facilities standards. Sec. 10. Criminal background checks for sponsors of unaccompanied alien children. Sec. 11. Fraud in connection with the transfer of custody of unaccompanied alien children. Sec. 12. Accountability for children and taxpayers. Sec. 13. Hiring authority. Sec. 14. Reports to Congress. Sec. 15. Improving the ability to transport migrants. Sec. 16. Rule of construction. Sec. 17. Authorization of appropriations. 2. Definitions In this Act: (1) Alien The term alien has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (2) Appropriate committee of congress The term appropriate committee of Congress means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and (B) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives. (3) Immigration laws The term immigration laws has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (4) Irregular migration influx event The term irregular migration influx event means a period during which there is a significant increase in, or a sustained large number of, Department of Homeland Security encounters with aliens who— (A) do not use the formal immigration system of the United States or the countries they are traveling through; and (B) intend to enter the United States. (5) Legally determinative aspect of the asylum process The term legally determinative aspect of the asylum process means any stage of the asylum process in which the alien is present and evidence of an alien’s credible fear of persecution or eligibility for asylum is gathered or considered, or a determination of an alien’s credible fear of persecution or eligibility for asylum is made, including— (A) a credibility determination under section 208(b)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B)(iii) ); (B) an asylum interview and credible fear determination under section 235(b)(1)(B) of that Act; (C) an immigration judge review of a negative credible fear determination under clause (iii)(III) of that section; and (D) a removal proceeding under section 240 of that Act. (6) Secretary The term Secretary means the Secretary of Homeland Security. (7) Unaccompanied alien child The term unaccompanied alien child has the meaning give the term in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). 3. Regional processing centers Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq.) is amended by adding at the end the following: 437. Regional processing centers (a) In general The Secretary shall establish not fewer than 4 regional processing centers located in high traffic sectors of U.S. Border Patrol, as determined by the Secretary, along the southern border land border of the United States (referred to in this section as a regional processing center ). (b) Purpose The regional processing centers shall carry out processing and management activities, including— (1) criminal history checks; (2) identity verification; (3) biometrics collection and analysis; (4) medical screenings; (5) asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) and reasonable fear determinations under section 241(b)(3)(B) of that Act ( 8 U.S.C. 1231(b)(3)(B) ); (6) facilitating coordination and communication between Federal entities and nongovernmental organizations that are directly involved in providing assistance to aliens; (7) legal orientation programming and communication between aliens and outside legal counsel; (8) issuance of legal documents relating to immigration court proceedings of aliens; (9) short-term detention of not more than 72 hours before release or transfer to another facility; and (10) any other activity the Secretary considers appropriate. (c) Personnel and living conditions The regional processing centers shall include— (1) personnel assigned from— (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Federal Emergency Management Agency; (D) U.S. Citizenship and Immigration Services; and (E) the Office of Refugee Resettlement; (2) upon agreement with an applicable Federal agency, personnel from such Federal agency who are assigned to the regional processing center; (3) sufficient medical staff, including physicians specializing in pediatric or family medicine, nurse practitioners, and physician assistants; (4) licensed social workers; (5) mental health professionals; (6) child advocates appointed by the Secretary of Health and Human Services under section 235(c)(6)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(6)(B) ); and (7) sufficient space to carry out the processing and management activities described in subsection (b). (d) Criminal history checks Each criminal history check carried out under subsection (b)(1) shall be conducted using a set of fingerprints or other biometric identifier obtained from— (1) the Federal Bureau of Investigation; (2) the criminal history repositories of all States that the individual listed as a current or former residence; and (3) any other appropriate Federal or State database resource or repository, as determined by the Secretary. (e) Exceptions for additional purposes Subject to operational and spatial availability, in the event of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) or any homeland security crisis requiring the establishment of a departmental Joint Task Force under section 708(b), the Secretary may temporarily utilize a regional processing center to carry out operations relating to such declaration or crisis. (f) Donations The Department may accept donations from private entities, nongovernmental organizations, and other groups independent of the Federal Government for the care of children and family units detained at a regional processing center, including— (1) medical goods and services; (2) school supplies; (3) toys; (4) clothing; and (5) any other item intended to promote the well-being of such children and family units. (g) Access to facilities for private entities and nongovernmental organizations (1) In general Private entities and nongovernmental organizations that are directly involved in providing humanitarian or legal assistance to families and individuals encountered by the Department along the southwest border of the United States, or organizations that provide assistance to detained individuals, shall have access to regional processing centers for purposes of— (A) legal orientation programming; (B) coordination with the Department with respect to the care of families and individuals held in regional processing centers, including the care of families and individuals who are released or scheduled to be released; (C) communication between aliens and outside legal counsel; (D) the provision of humanitarian assistance; and (E) any other purpose the Secretary considers appropriate. (2) Access plan Not later than 60 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register procedures relating to access to regional processing centers under paragraph (1) that ensure— (A) the safety of personnel of, and aliens detained in, regional processing centers; and (B) the orderly management and operation of regional processing centers. (h) Legal counsel Aliens detained in a regional processing center shall have access to legal counsel in accordance with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), including the opportunity to consult with counsel before any legally determinative aspect of the asylum process occurs. (i) Procedures To facilitate communication with counsel The Secretary shall develop written procedures to permit aliens detained in a regional processing center to visit with, and make confidential telephone calls to, legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers, in a private and confidential space while in custody, for the purposes of retaining or consulting with counsel or obtaining legal advice from legal services providers. (j) Legal orientation (1) In general An alien detained in a regional processing center shall be provided the opportunity to receive a complete legal orientation presentation administered by a nongovernmental organization in cooperation with the Executive Office for Immigration Review. (2) Timeline (A) In general The Secretary shall prioritize the provision of the legal orientation presentation required by paragraph (1) to an alien within 12 hours of apprehension. (B) Requirement In the case of an alien who does not receive such legal orientation presentation within 12 hours of apprehension, the Secretary shall ensure that the alien receives the presentation— (i) not later than 24 hours after apprehension; and (ii) not less than 24 hours before the alien initially appears before an asylum officer or immigration judge in connection with a claim for asylum. (k) Management of regional processing centers (1) Operation The Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the regional processing centers. (2) Interagency coordinating committee (A) Establishment There is established an interagency coordinating committee for the purpose of coordinating operations and management of the regional processing centers. (B) Membership The interagency coordinating committee shall be chaired by the Commissioner of U.S. Customs and Border Protection, or his or her designee, and shall include representatives designated by the heads of the following agencies: (i) U.S. Immigration and Customs Enforcement. (ii) The Federal Emergency Management Agency. (iii) U.S. Citizenship and Immigration Services. (iv) The Office of Refugee Resettlement. (v) Any other agency that supplies personnel to the regional processing centers, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency. . 4. Credible fear determination and asylum process improvement pilot programs (a) In general The Secretary and the Attorney General shall develop pilot programs to facilitate— (1) fair and more efficient asylum decisions under section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b) ); (2) fair and more efficient credible fear determinations under section 235(b)(1)(B) of that Act ( 8 U.S.C. 1225(b)(1)(B) ); (3) improved access to legal counsel; and (4) improved case management of aliens awaiting asylum hearings or decisions. (b) Implementation (1) Workforce plan The Secretary and the Attorney General shall not implement any pilot program under this section until the workforce plan described in subsection (d) is fully implemented. (2) Legal orientation programs The Attorney General and the Secretary shall ensure that each alien enrolled in a pilot program under this section receives a complete, live legal orientation presentation before any legally determinative aspect of the asylum process occurs. (3) Notice to Congress Not less than 90 days before the implementation of any new asylum processing policy or procedure under this section, the Secretary and the Attorney General shall provide to the appropriate committees of Congress notice of such implementation, including a description of any modification to a policy, procedure, practice, or training related to asylum processing. (c) Scope of pilot programs (1) In general The goal of the pilot programs under this section shall be to develop strategies to improve the asylum process to determine a final disposition fairly and more efficiently while ensuring that aliens apprehended along the southwest border and placed into removal proceedings are given a fair opportunity to effectively make an asylum claim or other relevant claim for relief, including the opportunity to retain and consult with counsel under section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) before any legally determinative aspect of the asylum process occurs. (2) Prohibition on participation The Secretary and the Attorney General may not enroll in a pilot program under this section— (A) an unaccompanied alien child; (B) a pregnant individual; or (C) an individual with a disability or an acute medical condition. (3) Fairness in proceedings The Secretary and the Attorney General shall take every appropriate step to ensure that each pilot program participant has a full opportunity to exercise all legal process rights afforded under law. (4) Access to counsel The pilot programs under this section shall be fully compliant with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), and the Secretary and the Attorney General shall consult with nongovernmental organizations to facilitate access to counsel for pilot program participants. (5) Case management programming The pilot programs under this section may include case management programming for participants who are awaiting immigration court hearings, which may include— (A) the provision of information about legal rights, responsibilities, and procedures; (B) basic assistance in identifying relevant forms and documents; (C) facilitating the attendance of aliens at their immigration court hearings; and (D) any other relevant case management assistance the Secretary and the Attorney General consider appropriate. (6) Right to judicial review Participation in a pilot program under this section shall not abrogate any existing right of an alien to request judicial review, including under section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ), of a decision related to his or her case. (d) Staffing requirements The Secretary shall— (1) identify the staffing requirements necessary to carry out the pilot programs under this section, including the number of trained U.S. Citizenship and Immigration Services officers necessary to conduct all asylum interviews, credible fear interviews, and reasonable fear interviews; and (2) develop a workforce plan for each such pilot program. (e) Access to counsel (1) In general Each alien enrolled in a pilot program under this section shall be afforded an opportunity to consult with 1 or more individuals of their choosing in a private consultation area, prior to a credible fear interview under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ). (2) List of legal services providers Each alien enrolled in such a pilot program shall be provided a contact list of potential legal resources and providers. (3) Procedures to facilitate communication with counsel The Secretary shall develop written procedures to permit aliens enrolled in such a pilot program to make telephone calls at no cost to legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers in a private and confidential space. (f) Language access (1) In general The Secretary and the Attorney General shall provide each alien enrolled in a pilot program under this section with any written materials produced by the Department of Homeland Security or the Department of Justice in a language the alien understands. (2) Verbal explanation In the case of an alien who is unable to read the written materials provided under paragraph (1), the Secretary and the Attorney General shall ensure that the materials are explained verbally to the alien in a language the alien understands. (g) Legal orientation Not later than 24 hours after apprehension, and not less than 24 hours before initially appearing before an asylum officer or immigration judge in connection with a claim for asylum, an alien enrolled in a pilot program under this section shall be provided the opportunity to receive a complete legal orientation presentation administered in cooperation with the Executive Office for Immigration Review. (h) Evaluation plan Not later than the date on which implementation of a pilot program under this section commences or not later than 180 days after the date of the enactment of this Act, whichever is earlier, the Secretary and the Attorney General shall submit to appropriate committees of Congress an evaluation plan for the pilot program that includes the following: (1) Well-defined, clear, and measurable objectives. (2) Performance criteria or standards for determining the performance of the pilot program. (3) Clearly articulated evaluation methodology, including— (A) sound sampling methods; (B) a determination of the appropriate sample size for the evaluation design; and (C) a strategy for tracking the pilot program’s performance and evaluating the final results. (4) A plan detailing the sources of data necessary to evaluate the pilot program, methods for data collection, and the timing and frequency of data collection. (i) Notice to Congress (1) In general Not less than 90 days before the implementation of a pilot program under this section, the Secretary and the Attorney General shall provide to the appropriate committees of Congress notice of such implementation, including a description of any modification to a pilot program policy, procedure, practice, or training relating to asylum processing. (2) Elements Each notice required by paragraph (1) shall include a description of the following: (A) The procedures and policies to ensure all asylum interviews are conducted by trained U.S. Citizenship and Immigration Services asylum officers. (B) The procedures and policies to ensure credible fear interviews are only done remotely in limited and exigent circumstances and the likely exigent circumstances that the officers conducting the pilot program may encounter. (C) The procedures and policies to ensure any credible fear interviews done remotely shall be videotaped and a written transcript shall be produced. (D) Procedures and policies used to ensure questions asked by Department of Homeland Security personnel who exercise expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) are asked in a uniform manner, to the greatest extent possible. (j) Report to Congress (1) In general Not later than 1 year after the date on which implementation of a pilot program under this section commences or not later than 1 year after the date of the enactment of this Act, whichever is earlier, and annually thereafter until the date on which the pilot program terminates, the Secretary and the Attorney General shall submit to the appropriate committees of Congress a report on the pilot programs under this section. (2) Elements Each report required by paragraph (1) shall include the following: (A) An evaluation of the pilot program using the evaluation plan described in subsection (h). (B) A discussion of the performance criteria or standards established under subsection (h)(2) and an assessment as to whether modifications to the criteria or standards are necessary. (C) An assessment of the staffing levels necessary to carry out the pilot program and a description of any effect of current staffing levels on the ability of the Secretary to carry out the responsibilities of the Secretary with respect to border security. (D) A description of the resources required to transport aliens in connection with the pilot program. (E) A description of the resources necessary to improve legal orientation presentations and access to counsel in connection with the pilot program, consistent with section 7. (F) A description of the information technology systems used in connection with the pilot program and an assessment as to whether additional resources or upgrades are necessary. (G) An analysis of the effect of access to counsel under subsection (e) and language access under subsection (f) on the outcomes of credible fear determinations under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ). (H) Recommendations for any legislative changes needed to further implement or expand the pilot programs. (I) An explanation of any impediment to implementing the pilot programs, if relevant. (k) Rule of construction Nothing in this section may be construed to authorize an extension of the duration for which an alien would otherwise be detained. (l) Termination of authority The authority of the Secretary and the Attorney General to carry out this section shall terminate on the date that is 3 years after the date of the enactment of this Act. 5. Immigration court docketing priorities during irregular migration influx events (a) In general The Attorney General shall, to the greatest extent practicable, prioritize docketing and processing of removal cases under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) for aliens who are apprehended on entering the United States in connection with an irregular migration influx event. (b) Irregular migration influx events The Attorney General, in consultation with the Secretary, shall establish criteria for determining when an irregular migration influx event commences and ends for purposes of carrying out the docketing priorities under subsection (a). (c) Access to legal counsel The Attorney General shall ensure that any master calendar or merits hearing in a removal case prioritized under subsection (a) is scheduled on a date and at a time that permits the alien a fair and reasonable opportunity to consult with and retain counsel prior to such hearing, consistent with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ). (d) Report to Congress Not later than December 31, 2021, the Attorney General shall submit to the appropriate committees of Congress a report that includes— (1) the number of aliens who were apprehended after entering the United States in connection with an irregular migration influx event identified in accordance with subsection (b) and placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ), organized by the fiscal year in which the apprehension occurred and stating the number of single adults, unaccompanied alien children, and aliens that are apprehended as part of a family unit; (2) the number of aliens identified under paragraph (1) who appeared at master calendar hearings, including— (A) the number and percentage represented by counsel at such hearings; and (B) the average number of days between apprehension and such hearings; (3) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at master calendar hearings, including the number of such aliens represented by counsel; (4) the number of aliens identified under paragraph (1) who appeared at final merits hearings, including the number and percentage represented by counsel at such hearings, and the average number of days between apprehension and such hearings; and (5) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at final merits hearings, including the number of such aliens represented by counsel. (e) Rule of construction Nothing in this section shall be construed to permit the Attorney General to adopt abbreviated procedures in connection with adjudication of removal cases prioritized under subsection (a) beyond the extent permitted by law. 6. Office for Civil Rights and Civil Liberties impact assessment (a) In general Not later than 90 days after the date of the enactment of this Act, the Officer for Civil Rights and Civil Liberties of the Department shall complete a full impact assessment of asylum processing and determinations with respect to credible fear of persecution carried out at— (1) regional processing centers established under section 437(a) of the Homeland Security Act of 2002; and (2) any other Department of Homeland Security facility at which a legally determinative aspect of the asylum process occurs. (b) Elements The impact assessment required by subsection (a) shall include— (1) a description of the considerations relating to civil rights and civil liberties taken into account by the Secretary in developing and implementing asylum processing at such regional processing centers; (2) a description of— (A) with respect to potential civil rights and civil liberties violations, stakeholder feedback gathered before and during the implementation of asylum processing at regional processing centers; and (B) the steps taken by the Secretary to gather and respond to such feedback and any changes made to asylum processing based on such feedback; (3) an assessment of the ability of the language access plans of the Department of Homeland Security to allow Department personnel to communicate effectively with aliens with limited English proficiency who are placed in asylum processing, including any specific challenges faced by speakers of indigenous languages; (4) a review of the language access plan of each component of the Department of Homeland Security to ensure each language access plan provides uniform guidance so as to allow Department personnel to communicate effectively with aliens with limited English proficiency, including speakers of indigenous languages, during asylum processing; (5) a review of any negative impact on the ability of the Department of Homeland Security to process aliens during the asylum process due to language deficiencies and translation difficulties, including longer processing times, increased expenses as a result of increased translation services, and increases in the length of time aliens are detained by the Department; (6) an assessment of the impact of current Department of Homeland Security policies and procedures for processing and adjudicating asylum claims, including language access plans and other accommodations, on vulnerable populations, especially on— (A) individuals with mental health challenges, trauma, or physical health conditions; and (B) pregnant individuals; (7) any other current or historical guidance or policy review provided by the Office for Civil Rights and Civil Liberties to Department of Homeland Security components regarding asylum processing programs previously implemented or used by the Department; and (8) any other element— (A) the Officer for Civil Rights and Civil Liberties of the Department considers necessary; (B) required by law; or (C) requested by the Secretary. (c) Report (1) In general Not later than 90 days after the date on which the impact assessment required by subsection (a) is completed, the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall submit to the Secretary and the appropriate committees of Congress a report on the results of the impact assessment. (2) Elements The report required by paragraph (1) shall include— (A) a description of potential civil rights and civil liberties violations that are directly related to— (i) whether the Department of Homeland Security’s practices, standards, guidelines, and regulations ensure that aliens who experience language barriers, illiteracy, mental health issues, trauma, physical health conditions, pregnancy, or other conditions are not at a disadvantage with respect to credible fear determinations under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ); (ii) an alien’s— (I) inability to understand basic explanations of legal information; or (II) limited English proficiency; and (iii) an alien’s inability to consult with 1 or more individuals of his or her choosing before such interview; (B) an assessment of the impact of expedited asylum processing initiatives operated by the Department of Homeland Security during the 10-year period preceding the date of the enactment of this Act on the civil rights and civil liberties of migrants enrolled in such initiatives; (C) an assessment of any other civil rights or civil liberties violation relating to asylum processing; (D) recommended updates to the language access plan of any component of the Department of Homeland Security to prevent the potential civil rights and civil liberties violations identified under subparagraph (A); (E) recommendations— (i) to improve the processing and adjudication of speakers of indigenous languages; and (ii) to adapt language access plans to accommodate such individuals; (F) recommendations for the appropriate use by Department of Homeland Security components of updated language access plans; (G) recommended modifications to improve asylum processes to better serve vulnerable populations such as those with mental or physical health challenges, trauma, and pregnant individuals; (H) recommended modifications to policies and procedures relating to asylum processing that would allow asylum processing to achieve compliance with current standards and guidelines of the Office for Civil Rights and Civil Liberties of the Department; and (I) any other recommendation the Officer for Civil Rights and Civil Liberties considers appropriate. (d) Implementation plan (1) In general Not later than 60 days after the date on which the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security submits the report under subsection (c), the Secretary shall submit to the appropriate committees of Congress an implementation plan that addresses the findings and recommendations contained in the report. (2) Elements The implementation plan required by paragraph (1) shall include a description of— (A) the recommendations contained in the report under subsection (c) addressed by the plan; (B) any such recommendation not addressed by the plan and a justification for declining to address the recommendation; and (C) any other matter the Secretary considers relevant to the implementation of such recommendations. (3) Publication Not later than the date on which the Secretary submits the plan required by paragraph (1), the Secretary shall publish the plan in the Federal Register. 7. Plan to expand legal orientation program (a) Interim plan (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress an interim plan to expand the legal orientation program to each regional processing center established under section 437(a) of the Homeland Security Act of 2002 and any other Department of Homeland Security facility at which— (A) 1 or more aliens are detained following apprehension by U.S. Customs and Border Protection; and (B) any legally determinative aspect of the asylum process occurs. (2) Elements The interim plan required by paragraph (1) shall include— (A) a list of the critical items required for a final legal orientation plan that cannot be implemented in the interim plan due to necessary logistical and procedural changes at each facility at which assessments for credible fear of persecution, or other aspects of the asylum process, occur; (B) a description of the manner in which the legal orientation program will be immediately adapted to assist aliens detained at Department of Homeland Security facilities, including such regional processing centers; (C) a description of the manner in which access to counsel will be facilitated for such aliens who are subject to any type of asylum processing; and (D) a list of Department of Homeland Security facilities— (i) at which asylum processing occurs; and (ii) that are capable of providing basic legal orientation services, including through a remote interface. (3) Implementation The Secretary shall commence implementation of the interim plan beginning not later than 60 days after the submittal of the plan under paragraph (1) and ending on the date on which implementation of the final plan described in subsection (b) commences. (4) Public consultation In developing the interim plan under paragraph (1), the Secretary shall consult with nongovernmental organizations, legal services providers, and any other entity the Secretary considers appropriate. (b) Final plan (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a final plan to expand the legal orientation program to each Department of Homeland Security facility at which— (A) 1 or more aliens are detained; and (B) any legally determinative aspect of the asylum process occurs. (2) Elements The final plan required by paragraph (1) shall include— (A) a consultation with the Director of the Executive Office for Immigration Review to determine the most efficient and effective manner by which to expand or modify legal orientation program requirements and standards to include aliens seeking asylum protections at each Department of Homeland Security facility at which any part of the asylum process, including credible fear interviews, occurs; (B) an assessment of necessary procedural and programmatic changes to the legal orientation program that will best accommodate such aliens; (C) an assessment of challenges to expanding the legal orientation program to facilities that cannot be met by the interim plan under subsection (a); (D) a requirement that legal orientation program sessions shall provide explanations of all expedited asylum processing programs and procedures and relevant forms of relief under the immigration laws; (E) a requirement that legal orientation programs shall include access to self-help legal materials and communication with available pro bono legal representatives; (F) a requirement that private and confidential space shall be provided to such aliens, if they wish to use it, for individual legal orientation and consultation and telephone calls with nonprofit organizations and legal representatives before— (i) hearings relating to credible fear of persecution; (ii) any Executive Office for Immigration Review hearing; (iii) any legally determinative aspect of the asylum process; or (iv) any other legal proceeding or consultation related to an asylum claim; (G) protocols that allow such aliens to make and receive telephone calls to legal representatives, at no cost to such aliens, while detained at the Department of Homeland Security facility; and (H) a requirement that— (i) legal orientation programs shall ensure that written notice of legal rights is made available to such aliens in English and in not fewer than the 5 most common native languages spoken by aliens in custody at each Department of Homeland Security facility during the preceding fiscal year; (ii) protocols shall be established to provide written or oral translation of materials that Department of Homeland Security produces for legal orientation programs or that Department of Homeland Security contracts with outside entities for use in a legal orientation programs for such aliens who do not speak a language described in clause (i), including— (I) development of a list of all languages spoken by aliens encountered in the preceding 1-year period; (II) procedures for providing oral interpretation services if it is not possible to produce a written translation in a manner that will not unreasonably prolong an alien’s time in custody, or if the alien is unable to read written materials; and (III) an after-action plan for improving future responses after a language is encountered for which the Department of Homeland Security is unable to timely develop written materials; and (I) the Secretary shall have in place at each Department of Homeland Security facility— (i) a feasible plan to provide language translation or interpretation services for any alien in a language the alien understands; and (ii) a list of translation and interpretation services and resources readily available to meet translation needs. (3) Implementation Not later than 90 days after the submittal of the final plan required by paragraph (1), the Secretary shall commence implementation of the plan. (c) Procedures To ensure availability (1) In general The Secretary, in consultation with the Attorney General, shall develop and implement procedures— (A) to ensure that legal orientation programs are available for all detained aliens not later than 12 hours after being taken into custody at a Department of Homeland Security facility; and (B) to provide such aliens with information relating to— (i) the basic procedures of immigration hearings; (ii) the rights of aliens under the immigration laws with respect to such hearings; (iii) the consequences of filing a frivolous legal claim or knowingly making a false statement in the course of a hearing; and (iv) any other matter the Secretary, in consultation with the Attorney General, considers appropriate. (2) Elements The procedures developed under paragraph (1) shall include— (A) the provision to aliens of a contact list of potential legal resources and providers; (B) the provision of a clear explanation, in a language the alien fully understands, of the asylum process and standards relating to assessments for credible fear of persecution; (C) a requirement to provide group orientations to aliens apprehended by U.S. Customs and Border Protection regarding asylum processing programs, including applicable pilot programs established under section 4, and forms of relief under the immigration laws; (D) a requirement to provide aliens with access to self-help legal materials and communication with available pro bono legal representatives; (E) protocols to allow aliens to make telephone calls to legal representatives and to receive incoming calls from legal representatives in a private and confidential space while in custody at Department of Homeland Security facilities; and (F) a requirement to provide clear guidance to aliens on— (i) additional procedural steps that occur after an interview with respect to credible fear of persecution; (ii) relevant forms required to be submitted to apply for asylum or withholding of removal; (iii) information that aliens are required to update as their cases are processed by U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review; and (iv) the consequences of failing to appear at any proceeding before the Executive Office for Immigration Review, and an explanation of the legal significance of an in absentia order of removal. 8. Modifications to U.S. Customs and Border Protection standards on transport, escort, detention, and search to conform with legal orientation program requirements (a) Interim plan Not later than 90 days after the date of the enactment of this Act, the Secretary shall— (1) complete an assessment of the modifications to U.S. Customs and Border Protection transport, escort, detention, and search standards necessary— (A) to implement the interim plan for expanded legal orientation and access programs under section 7(a); and (B) to ensure— (i) the safety of personnel of, and aliens detained in, U.S. Customs and Border Protection facilities; and (ii) orderly management and operation of such facilities; and (2) implement such modifications. (b) Final plan Not later than 30 days after the submittal of the final plan under section 7(b), the Secretary shall— (1) complete an assessment of the modifications to U.S. Customs and Border Protection transport, escort, detention, and search standards necessary— (A) to implement the final plan for expanded legal orientation and access programs under such section; and (B) to ensure— (i) the safety of personnel of, and aliens detained in, U.S. Customs and Border facilities; and (ii) orderly management and operation of such facilities; and (2) implement such modifications. (c) Elements The modifications under subsection (a) and (b) shall include the development of protocols and procedures to allow employees of nonprofit organizations and legal representatives to enter U.S. Customs and Border Protection facilities to carry out legal orientation programming, communication between aliens and outside counsel, and any other activity the Secretary considers appropriate. 9. Standard operating procedures; facilities standards (a) Standard operating procedures Section 411(k)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(k) ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E)(iv), by striking the period at the end and inserting ; and ; and (3) adding at the end the following: (F) standard operating procedures regarding the detection, interdiction, inspection, processing, or transferring of alien children that officers and agents of U.S. Customs and Border Protection shall employ in the execution of their duties. . (b) Facilities standards (1) Initial review and update Not later than 270 days after the date of the enactment of this Act, the Secretary shall review and update the regulations under part 115 of title 6, Code of Federal Regulations, that set standards to prevent, detect, and respond to sexual abuse and assault in immigration detention facilities and other holding facilities under the jurisdiction of the Department of Homeland Security. (2) Quadrennial review The Secretary shall review and update the regulations referred to in paragraph (1) not less frequently than once every 4 years. 10. Criminal background checks for sponsors of unaccompanied alien children (a) In general Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) ) is amended— (1) in paragraph (3)— (A) in subparagraph (A), in the first sentence, by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A) the following: (B) Criminal background checks (i) In general Before placing an unaccompanied alien child with an individual, the Secretary of Health and Human Services shall— (I) conduct a criminal history background check on the individual and each adult member of the individual’s household; and (II) if appropriate, collect biometric samples in connection with any such background check. (ii) Scope (I) In general Each biometric criminal history background check required under clause (i) shall be conducted through— (aa) the Federal Bureau of Investigation; (bb) criminal history repositories of each State the individual lists as a current or former residence; and (cc) any other Federal or State database or repository the Secretary of Health and Human Services considers appropriate. (II) Use of rapid DNA instruments DNA analysis of a DNA sample collected under subclause (I) may be carried out with Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40702(c) )). (III) Limitation on use of biometric samples The Secretary of Health and Human Services may not release a fingerprint or DNA sample collected, or disclose the results of a fingerprint or DNA analysis conducted under this subparagraph, or any other information obtained pursuant to this section, to the Department of Homeland Security for any immigration enforcement purpose. (IV) Access to information through the Department of Homeland Security Not later than 14 days after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases. (iii) Prohibition on placement with individuals convicted of certain offenses The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody or household of an individual who has been convicted of, or is currently being tried for— (I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 )); (II) a crime involving severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); (III) a crime of domestic violence (as defined in section 40002(a) of the Violence Against Women Act ( 34 U.S.C. 12291(a) ); (IV) a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act ( Public Law 93–247 ; 42 U.S.C. 5101 note)); (V) murder, manslaughter, or an attempt to commit murder or manslaughter (within the meanings of such terms in sections 1111, 1112, and 1113 of title 18, United States Code); or (VI) a crime involving receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (within the meanings of such terms in section 2252 of title 18, United States Code). ; and (D) by adding at the end the following: (E) Well-being follow-up calls Not later than 30 days after the date on which an unaccompanied alien child is released from the custody of the Secretary of Health and Human Services, and every 60 days thereafter until the date on which a final decision has been issued in the removal proceedings of the child or such proceedings are terminated, the Secretary shall conduct a follow-up telephone call with the unaccompanied alien child and the child’s custodian or the primary point of contact for any other entity with which the child was placed. (F) Change of address The Secretary of Health and Human Services shall— (i) require each custodian with whom an unaccompanied alien child is placed under this subsection to notify the Secretary with respect to any change in the unaccompanied alien child’s physical or mailing address, including any situation in which the unaccompanied alien child permanently departs the custodian’s residence, not later than 7 days after the date on which such change or departure occurs; and (ii) develop and implement a system that permits custodians to submit notifications electronically with respect to a change of address. . (b) Collection and compilation of statistical information Section 462(b)(1)(K) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(b)(1)(K) ) is amended by striking ; and and inserting , including— (i) the average length of time from apprehension to the child’s master calendar hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; (ii) the number of children identified under clause (i) who did and did not appear at master calendar hearings, including the percentage of children in each category who were represented by counsel; (iii) the average length of time from apprehension to the child’s merits hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; (iv) the number of children identified under clause (i) who did and did not appear at merits hearings, including the percentage of children in each category who are represented by counsel; and (v) the total number of well-being follow-up calls conducted under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3)(E) ) at each time interval following placement with a custodian or other entity, and the number of children that the Secretary of Health and Human Services is unable to contact at each interval, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; and . 11. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraud in connection with the transfer of custody of unaccompanied alien children (a) In general It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ))— (1) by making any materially false, fictitious, or fraudulent statement or representation; or (2) by making or using any false writing or document with the knowledge that such writing or document contains any materially false, fictitious, or fraudulent statement or entry. (b) Penalties (1) In general Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined under this title and imprisoned for not less than 1 year. (2) Enhanced penalty for trafficking If the primary purpose of a violation, attempted violation, or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation, the offender shall be fined under this title and imprisoned for not less than 15 years. . (b) Clerical amendment The chapter analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraud in connection with the transfer of custody of unaccompanied alien children. . 12. Accountability for children and taxpayers (a) In general Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ) is amended by adding at the end the following: (5) Inspection of facilities (A) Facilities used by Secretary of Health and Human Services The Inspector General of the Department of Health and Human Services shall conduct regular inspections of facilities used by the Secretary of Health and Human Services to provide care and custody of unaccompanied alien children who are in the immediate custody of the Secretary to ensure that such facilities are operated in an efficient and effective manner while also ensuring— (i) the safety of unaccompanied alien children; and (ii) that unaccompanied alien children— (I) have access to information relevant to their removal proceedings and claims for relief; and (II) are able to communicate efficaciously with their legal representatives. (B) Facilities used by the Secretary of Homeland Security The Inspector General of the Department of Homeland Security shall conduct regular inspections of facilities, including temporary facilities and facilities built or obtained for use to deal with an irregular migration influx, used by the Secretary of Homeland Security in which unaccompanied alien children and family units are detained, to ensure that— (i) such facilities are operated in an efficient and effective manner; and (ii) unaccompanied alien child and family units— (I) have access to information relevant to their removal proceedings and claims for relief; and (II) are able to communicate efficaciously with their legal representatives. (6) Report on facility operation costs Not less frequently than annually, the Secretary of Health and Human Services and the Secretary of Homeland Security shall each submit to the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives a report detailing, for each facility described in subparagraph (A) or (B) of paragraph (5), respectively— (A) the average daily cost for each unaccompanied alien child housed or detained at such facility; (B) the average cost over the entire system; and (C) in the case of such a facility the average daily cost per child of which significantly exceeds the average cost over the entire system, an explanation of expenditures. . 13. Hiring authority (a) U.S. Customs and Border Protection (1) In general The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign— (A) not fewer than 600 new Office of Field Operations Officers (above the current attrition level) during every fiscal year until the total number of Office of Field Operations officers equals and sustains the requirements identified each year in the Workforce Staffing Model; (B) support staff, including technicians, to perform non-law enforcement administrative functions to support the new Office of Field Operations officers hired pursuant to subparagraph (A); and (C) not fewer than 250 Border Patrol processing coordinators. (2) Traffic forecasts In calculating the number of Office of Field Operations officers needed at each port of entry through the Workforce Staffing Model, the Commissioner of U.S. Customs and Border Protection shall— (A) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and (B) consider volume from seasonal influxes, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and temporary detailed personnel of the Office of Field Operations to assist with irregular migration influx events or other events, and other relevant information. (3) GAO report If the Commissioner of U.S. Customs and Border Protection does not hire 600 additional Office of Field Operations officers pursuant to paragraph (1)(A) during the fiscal year in which this Act is enacted, or during any subsequent fiscal year in which the hiring requirements set forth in the Workforce Staffing Model have not been achieved, the Comptroller General of the United States shall— (A) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and to address other issues related to hiring by U.S. Customs and Border Protection; and (B) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted under subparagraph (A). (b) U.S. Immigration and Customs Enforcement (1) In general The Director of U.S. Immigration and Customs Enforcement shall hire, train, and assign— (A) not fewer than 300 Enforcement and Removal Operations support personnel to address case management responsibilities relating to aliens apprehended along the southwest border, and the operation of regional processing centers established under section 437(a) of the Homeland Security Act of 2002; (B) not fewer than 128 attorneys in the Office of the Principal Legal Advisor; and (C) not fewer than 41 support staff within the Office of the Principal Legal Advisor to assist immigration judges within the Executive Office for Immigration Review with removal, asylum, and custody determination proceedings. (2) GAO review and report relating to staffing needs (A) Review The Comptroller General of the United States shall conduct a review of— (i) U.S. Immigration and Customs Enforcement activities and staffing needs related to irregular migration influx events along the southwest border during fiscal years 2014, 2019, and 2021, including— (I) the total number of aliens placed in removal proceedings in connection with such irregular migration influx events; (II) the number of hours dedicated to responding to irregular migration influx events by Enforcement and Removal Operations officers, Enforcement and Removal Operations support personnel, attorneys within the Office of the Principal Legal Advisor, and support staff within the Office of the Principal Legal Advisor; and (III) the impact that response to such irregular migration influx events had on the ability of U.S. Immigration and Customs Enforcement to carry out other aspects of its mission, including the regular transport of migrants from U.S. Customs and Border Protection facilities to U.S. Immigration and Customs Enforcement facilities; and (ii) staffing levels within the Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, including the impact such staffing levels have on docketing of cases within the Executive Office for Immigration Review. (B) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report that describes the results of the review conducted under subparagraph (A). (c) Executive Office for Immigration Review The Director of the Executive Office for Immigration Review shall hire, train, and assign not fewer than 150 new Immigration Judge teams, including staff attorneys and all applicable support staff for such Immigration Judge teams. (d) U.S. Citizenship and Immigration Services The Director of U.S. Citizenship and Immigration Services shall hire, train, and assign not fewer than 300 asylum officers. 14. Reports to Congress (a) Unaccompanied alien children (1) Care of unaccompanied alien children Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress, and make publicly available, a report that includes— (A) a detailed summary of the contracts in effect to care for and house unaccompanied alien children, including the names and locations of contractors and the facilities being used; (B) for each contractor and facility referred to in subparagraph (A), the cost per day to care for and house an unaccompanied alien child, including a breakdown of factors that contribute to such cost; (C) the number of unaccompanied alien children who have been released to a sponsor, if any; (D) a list of the States in which unaccompanied alien children have been released from the custody of the Secretary of Health and Human Services to the care of a sponsor or placement in a facility; (E) a determination of whether more than 1 unaccompanied alien child has been released to the same sponsor, including the number of children who were released to such sponsor; (F) an assessment of the extent to which the Secretary of Health and Human Services is monitoring the release of unaccompanied alien children, including home studies and any other monitoring activity; (G) an assessment of the extent to which the Secretary of Health and Human Services is making efforts— (i) to educate unaccompanied alien children about their legal rights and the legal process; and (ii) to provide unaccompanied alien children access to pro bono counsel; and (H) an assessment of efforts by the Secretary of Health and Human Services to mitigate the spread of contagious disease within facilities operated or contracted by the Secretary, including— (i) medical screening and treatment services provided to unaccompanied alien children; and (ii) communication with State, local, and Tribal governments regarding the release from custody of any unaccompanied alien child who suffers from a contagious disease or may be especially vulnerable to a contagious disease. (2) Returns to country of nationality Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that identifies— (A) the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence, disaggregated by— (i) country of nationality or habitual residence; and (ii) age of the unaccompanied alien children; (B) the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence, including the length of time such children were present in the United States; (C) the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country, including how long they have been waiting to return; and (D) the number of unaccompanied alien children who were granted relief in the United States, whether through asylum, any other immigration benefit or status, or deferred action. (3) Immigration proceedings Not later than 90 days after the date of the enactment of this Act, and not less frequently than every 90 days thereafter, the Secretary, in coordination with the Director of the Executive Office for Immigration Review, shall submit to the appropriate committees of Congress, and make publicly available, a report that identifies— (A) the number of unaccompanied alien children who, after proceedings under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ), were returned to their country of nationality or habitual residence, disaggregated by— (i) country of nationality or residence; and (ii) age and gender of such aliens; (B) the number of unaccompanied alien children who, after proceedings under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ), prove a claim of admissibility and are placed in proceedings under section 240 of that Act ( 8 U.S.C. 1229a ); and (C) the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend. (b) Binational efforts To combat irregular migration Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress, and make publicly available, a report that includes— (1) a copy of any repatriation agreement in effect for unaccompanied alien children; (2) a description of the status of any repatriation agreement that is being considered or negotiated; (3) a description of the foreign assistance funding provided by the United States Government to the 20 countries that have the highest total number of nationals entering the United States as unaccompanied alien children and the 20 countries that have the highest total number of nationals entering the United States who do not use the formal immigration system of the United States or of the countries such individuals are traveling through, including amounts provided for, and descriptions of, initiatives or programs— (A) to deter the children, adults, and families of each such country from illegally entering the United States; and (B) to care for or reintegrate repatriated unaccompanied alien children in the country of nationality or last habitual residence; (4) an examination of domestic initiatives by countries described in paragraph (3) with respect to the prevention of irregular migration by children, adults, and families and the manner in which the United States may work with such countries to make such initiatives more successful; and (5) recommendations on actions the United States may take, through foreign aid programs of the United States, to improve the ability of such countries to combat irregular migration. (c) Suspected trafficking of alien children Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that includes— (1) an anonymized data set describing incidents in which the Secretary has suspected that an alien child was apprehended multiple times as a part of different family units and the response of the Secretary to such incidents; (2) an anonymized data set describing incidents not described in paragraph (1) in which the Secretary has suspected that an alien child was falsely claimed as a member of a family unit and the response of the Secretary to such incidents; (3) a description of current techniques and technologies used to verify the identity of alien children who are presented as members of multiple family units; and (4) legislative recommendations to improve the ability of the Secretary to detect and respond to incidents in which an alien child is fraudulently claimed to be a member of a family unit. 15. Improving the ability to transport migrants (a) Improvement of Transportation Policy and Standards (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall update the transportation policies, standards, definitions, and any other needed guidance or regulations of the Department of Homeland Security to expand and improve the capability of the Department to conduct ground transportation of migrants at the southwest border. (2) Elements The update required by paragraph 1 shall include— (A) the provision of authority, to the extent possible, for the Department of Homeland Security to transport migrants who are being released by the Department to facilities operated by State, local, or Tribal governments, or by nongovernmental organizations directly working to provide aid to migrants along the southwest border so as— (i) to ensure the health and safety of local communities and the migrants; (ii) to promote an orderly environment along the border and at United States ports of entry; and (iii) to avoid overburdening small communities that are poorly equipped to handle a population influx; (B) a consideration of the manner in which a public health emergency may require changes in Department transportation policy to protect public health and the health of migrants; and (C) a system through which the Department shall consistently provide not less than 4 hours advance notification to State, local, or Tribal governments, and nongovernmental organizations and private entities directly providing aid or other services to migrants, including services provided for a fee, of the intent of the Department to transport migrants to such jurisdictions or facilities located in such jurisdiction. (3) Limitation Any authority established under paragraph (2)(A) shall be limited to transportation within the States of California, Arizona, New Mexico, and Texas, unless the Secretary certifies, on a case-by-case basis, that transport to a particular facility located in another State is necessary for the public good. (b) Report to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that includes— (1) an assessment as to whether current Department of Homeland Security ground transportation resources are sufficient— (A) to meet Department responsibilities with respect to the transportation of migrants; and (B) to ensure the safety of Department personnel and migrants; (2) a description of current Department contracts regarding transportation of migrants at the southwest border, the ability of the Department to expand such contracts to improve transportation capacity, and any limitations related to such contracts that impede the expansion of transportation capacity; (3) a description of recommended changes to Department transportation policies and standards that would require additional legislative authority; (4) recommendations to Congress for legislative changes that would improve the ability of the Department to expand and improve its transportation capabilities; and (5) an assessment of the impact of public health emergencies on Department transportation and the steps the Department will take to further improve transportation of migrants during public health emergencies. 16. Rule of construction Nothing in this Act shall be construed to affect any requirement placed on the Department of Homeland Security or any other agency under the terms of any lawful settlement agreement or consent decree entered into by the Department or another agency. 17. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s1358is/xml/BILLS-117s1358is.xml
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117-s-1359
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II 117th CONGRESS 1st Session S. 1359 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Coons (for himself, Mr. Graham , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Foundation for Energy Security and Innovation, and for other purposes.
1. Short title This Act may be cited as the Partnerships for Energy Security and Innovation Act of 2021 . 2. Definitions In this Act: (1) Board The term Board means the Board of Directors described in section 3(b)(1). (2) Department The term Department means the Department of Energy. (3) Executive Director The term Executive Director means the Executive Director described in section 3(e)(1). (4) Foundation The term Foundation means the Foundation for Energy Security and Innovation established under section (3)(a). (5) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Secretary The term Secretary means the Secretary of Energy. 3. Foundation for Energy Security and Innovation (a) Establishment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonprofit corporation to be known as the Foundation for Energy Security and Innovation . (2) Mission The mission of the Foundation shall be— (A) to support the mission of the Department; and (B) to advance collaboration with energy researchers, institutions of higher education, industry, and nonprofit and philanthropic organizations to accelerate the commercialization of energy technologies. (3) Limitation The Foundation shall not be an agency or instrumentality of the Federal Government. (4) Tax-exempt status The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (5) Collaboration with existing organizations The Secretary may collaborate with 1 or more organizations to establish the Foundation and carry out the activities of the Foundation. (b) Board of Directors (1) Establishment The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of the ex officio nonvoting members described in subparagraph (B) and the appointed voting members described in subparagraph (C). (B) Ex officio members The ex officio members of the Board shall be the following individuals or designees of those individuals: (i) The Secretary. (ii) The Under Secretary for Science and Energy. (iii) The Under Secretary for Nuclear Security. (iv) The Chief Commercialization Officer. (C) Appointed members (i) Initial members The Secretary and the other ex officio members of the Board shall— (I) seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to develop a list of individuals to serve as members of the Board who are well-qualified and will meet the requirements of clauses (ii) and (iii); and (II) appoint the initial members of the Board from that list, if applicable, in consultation with the National Academies of Sciences, Engineering, and Medicine. (ii) Representation The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, industry, nonprofit organizations, State or local governments, the investment community, the philanthropic community, and management and operating contractors of the National Laboratories. (iii) Experience The Secretary shall ensure that a majority of the appointed members of the Board— (I) (aa) has experience in the energy sector; (bb) has research experience in the energy field; or (cc) has experience in technology commercialization or foundation operations; and (II) to the extent practicable, represents diverse regions, sectors, and communities. (3) Chair and Vice Chair (A) In general The Board shall designate from among the members of the Board— (i) an individual to serve as Chair of the Board; and (ii) an individual to serve as Vice Chair of the Board. (B) Terms The term of service of the Chair and Vice Chair of the Board shall end on the earlier of— (i) the date that is 3 years after the date on which the Chair or Vice Chair of the Board, as applicable, is designated for the position; and (ii) the last day of the term of service of the member, as determined under paragraph (4)(A), who is designated to be Chair or Vice Chair of the Board, as applicable. (C) Representation The Chair and Vice Chair of the Board— (i) shall not be representatives of the same area of subject matter expertise, or entity, as applicable, under paragraph (2)(C)(ii); and (ii) shall not be representatives of any area of subject matter expertise, or entity, as applicable, represented by the immediately preceding Chair and Vice Chair of the Board. (4) Terms and vacancies (A) Terms (i) In general The term of service of each appointed member of the Board shall be not more than 5 years. (ii) Initial appointed members Of the initial members of the Board appointed under paragraph (2)(C)(i), half of the members shall serve for 4 years and half of the members shall serve for 5 years, as determined by the Chair of the Board. (B) Vacancies Any vacancy in the membership of the appointed members of the Board— (i) shall be filled in accordance with the bylaws of the Foundation by an individual capable of representing the same area or entity, as applicable, as represented by the vacating board member under paragraph (2)(C)(ii); (ii) shall not affect the power of the remaining appointed members to execute the duties of the Board; and (iii) shall be filled by an individual selected by the Board. (5) Meetings; quorum (A) Initial meeting Not later than 60 days after the Board is established, the Secretary shall convene a meeting of the ex officio and appointed members of the Board to incorporate the Foundation. (B) Quorum A majority of the appointed members of the Board shall constitute a quorum for purposes of conducting the business of the Board. (6) Duties The Board shall— (A) establish bylaws for the Foundation in accordance with paragraph (7); (B) provide overall direction for the activities of the Foundation and establish priority activities; (C) carry out any other necessary activities of the Foundation; (D) evaluate the performance of the Executive Director; and (E) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property to the Foundation, including from private entities. (7) Bylaws (A) In general The bylaws established under paragraph (6)(A) may include— (i) policies for the selection of Board members, officers, employees, agents, and contractors of the Foundation; (ii) policies, including ethical standards, for— (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; and (II) the disposition of assets of the Foundation; (iii) policies that subject all employees, fellows, trainees, and other agents of the Foundation (including ex officio and appointed members of the Board) to conflict of interest standards; and (iv) the specific duties of the Executive Director. (B) Requirements The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws shall not— (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by, or involved in, a governmental agency or program. (8) Compensation (A) In general No member of the Board shall receive compensation for serving on the Board. (B) Certain expenses In accordance with the bylaws of the Foundation, members of the Board may be reimbursed for travel expenses, including per diem in lieu of subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (c) Purposes The purposes of the Foundation are— (1) to support the Department in carrying out the mission of the Department to ensure the security and prosperity of the United States by addressing energy, environmental, and nuclear challenges through transformative science and technology solutions; and (2) to increase private and philanthropic sector investments that support efforts to create, characterize, develop, test, validate, and deploy or commercialize innovative technologies that address crosscutting national energy challenges by methods that include— (A) fostering collaboration and partnerships with researchers from the Federal Government, State governments, institutions of higher education, federally funded research and development centers, industry, and nonprofit organizations for the research, development, or commercialization of transformative energy and associated technologies; (B) strengthening and sharing best practices relating to regional economic development through scientific and energy innovation, including in partnership with an Individual Laboratory-Associated Foundation (as defined in subsection (d)(7)(A)); (C) promoting new product development that supports job creation; (D) administering prize competitions to accelerate private sector competition and investment; (E) supporting programs that advance technology maturation, especially where there may be gaps in Federal or private funding in advancing a technology to deployment or commercialization from the prototype stage to a commercial stage; and (F) facilitating access to Department facilities, equipment, and human expertise to assist in tackling national challenges. (d) Activities (1) Studies, competitions, and projects The Foundation may conduct and support studies, competitions, projects, and other activities that further the purposes of the Foundation described in subsection (c). (2) Fellowships and grants (A) In general The Foundation may award fellowships and grants for activities relating to research, development, demonstration, maturation, or commercialization of energy and other Department-supported technologies. (B) Form of award A fellowship or grant under subparagraph (A) may consist of a stipend, health insurance benefits, funds for travel, and funds for other appropriate expenses. (C) Selection In selecting a recipient for a fellowship or grant under subparagraph (A), the Foundation— (i) shall make the selection based on the technical and commercialization merits of the proposed project of the potential recipient; and (ii) may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the purposes of the Foundation described in subsection (c). (D) National Laboratories A National Laboratory that applies for or accepts a grant under subparagraph (A) shall not be considered to be engaging in a competitive process. (3) Accessing facilities and expertise The Foundation may work with the Department— (A) to leverage the capabilities and facilities of National Laboratories to commercialize technology; and (B) to assist with resources, including by providing information on the assets of each National Laboratory that may enable the deployment and commercialization of technology. (4) Training and education The Foundation may support programs that provide training to researchers, scientists, and other relevant personnel at National Laboratories and institutions of higher education to help demonstrate, deploy, and commercialize federally funded technology. (5) Maturation funding The Foundation shall support programs that provide maturation funding to researchers to advance the technology of those researchers for the purpose of moving products from a prototype stage to a commercial stage. (6) Stakeholder engagement The Foundation shall convene, and may consult with, representatives from the Department, institutions of higher education, National Laboratories, the private sector, and commercialization organizations to develop programs for the purposes of the Foundation described in subsection (c) and to advance the activities of the Foundation. (7) Individual and Federal laboratory-associated foundations (A) Definitions In this paragraph: (i) Covered foundation The term covered foundation means each of the following: (I) An Individual Laboratory-Associated Foundation. (II) a Federal Laboratory-Associated Foundation established pursuant to section 4(a). (ii) Individual Laboratory-Associated Foundation The term Individual Laboratory-Associated Foundation means a Laboratory Foundation established by an operating contractor of a National Laboratory. (B) Support The Foundation shall provide support to and collaborate with covered foundations. (C) Guidelines and templates For the purpose of providing support under subparagraph (B), the Secretary shall establish suggested guidelines and templates for covered foundations, including— (i) a standard adaptable organizational design for responsible management; (ii) standard and legally tenable bylaws and money-handling procedures; and (iii) a standard training curriculum to orient and expand the operating expertise of personnel employed by covered foundations. (D) Affiliations Nothing in this paragraph requires— (i) an existing Individual Laboratory-Associated Foundation to modify current practices or affiliate with the Foundation; or (ii) a covered foundation to be bound by charter or corporate bylaws as permanently affiliated with the Foundation. (8) For-profit subsidiaries (A) In general The Foundation may establish 1 or more for-profit subsidiaries, including an impact investment fund— (i) to stimulate economic development activities relating to the purposes of the Foundation described in subsection (c); and (ii) to attract for-profit investment partners for technology translation and commercialization activities. (B) Authorities of the for-profit subsidiary (i) In general Subject to clause (ii), a for-profit subsidiary established under subparagraph (A) may— (I) enter into a partnership with an economic development corporation, including an incubator, accelerator, or small business investment company; (II) pay for the cost of building and administering a facility, including a microlab or incubator, to support the activities of the Foundation described in this subsection; and (III) provide funding to a startup. (ii) Cost recovery requirements A for-profit subsidiary established under subparagraph (A) shall— (I) ensure that the Foundation owns any intellectual property rights generated through activities funded by the for-profit subsidiary, if appropriate; and (II) own an equity stake in any startup invested in by the for-profit subsidiary. (9) Supplemental programs The Foundation may carry out supplemental programs— (A) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the purposes of the Foundation described in subsection (c); (B) to support and encourage the understanding and development of— (i) data that promotes the translation of technologies from the research stage, through the development and maturation stage, and ending in the market stage; and (ii) policies that make regulation more effective and efficient by leveraging the technology translation data described in clause (i) for the regulation of relevant technology sectors; (C) for writing, editing, printing, publishing, and vending books and other materials relating to research carried out under the Foundation and the Department; and (D) to conduct other activities to carry out and support the purposes of the Foundation described in subsection (c). (10) Evaluations The Foundation shall support the development of an evaluation methodology, to be used as part of any program supported by the Foundation, that shall— (A) consist of qualitative and quantitative metrics; and (B) include periodic third party evaluation of those programs and other activities of the Foundation. (11) Communications The Foundation shall develop an expertise in communications to promote the work of grant and fellowship recipients under paragraph (2), the commercialization successes of the Foundation, opportunities for partnership with the Foundation, and other activities. (12) Solicitation and use of funds The Foundation may solicit and accept gifts, grants, and other donations, establish accounts, and invest and expend funds in support of the activities and programs of the Foundation. (e) Administration (1) Executive director The Board shall hire an Executive Director of the Foundation, who shall serve at the pleasure of the Board. (2) Administrative control No member of the Board, officer or employee of the Foundation or of any program established by the Foundation, or participant in a program established by the Foundation, shall exercise administrative control over any Federal employee. (3) Strategic plan Not later than 1 year after the date of enactment of this Act, the Foundation shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategic plan that contains— (A) a plan for the Foundation to become financially self-sustaining in fiscal year 2023 and thereafter (except for the amounts provided each fiscal year under subsection (l)(1)(C)); (B) a forecast of major crosscutting energy challenge opportunities, including short- and long-term objectives, identified by the Board, with input from communities representing the entities and areas of subject matter expertise, as applicable, described in subsection (b)(2)(C)(ii); (C) a description of the efforts that the Foundation will take to be transparent in the processes of the Foundation, including processes relating to— (i) grant awards, including selection, review, and notification; (ii) communication of past, current, and future research priorities; and (iii) solicitation of and response to public input on the opportunities identified under subparagraph (B); (D) a description of the financial goals and benchmarks of the Foundation for the following 10 years; and (E) a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Department. (4) Annual report Not later than 1 year after the date on which the Foundation is established, and every 2 years thereafter, the Foundation shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Secretary a report that, for the year covered by the report— (A) describes the activities of the Foundation and the progress of the Foundation in furthering the purposes of the Foundation described in subsection (c); (B) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out those activities to ensure transparency in the alignment of Department missions and policies with national security; (C) describes how the results of the activities of the Foundation could be incorporated into the procurement processes of the General Services Administration; and (D) includes a summary of each evaluation conducted using the evaluation methodology described in subsection (d)(10). (5) Evaluation by Comptroller General Not later than 5 years after the date on which the Foundation is established, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives— (A) an evaluation of— (i) the extent to which the Foundation is achieving the mission of the Foundation; and (ii) the operation of the Foundation; and (B) any recommendations on how the Foundation may be improved. (6) Audits The Foundation shall— (A) provide for annual audits of the financial condition of the Foundation; and (B) make the audits, and all other records, documents, and papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (7) Separate fund accounts The Board shall ensure that any funds received under subsection (l)(1) are held in a separate account from any other funds received by the Foundation. (8) Integrity (A) In general To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflicts of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board. (B) Financial conflicts of interest Any individual who is an officer, employee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would directly or predictably affect any financial interest of— (i) the individual; (ii) a relative (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) of that individual; or (iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment. (9) Intellectual property The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights— (A) developed by the Foundation through activities funded by a for-profit subsidiary established under subsection (d)(8); or (B) otherwise derived from the collaborative efforts of the Foundation. (10) Liability (A) In general The United States shall not be liable for any debts, defaults, acts, or omissions of— (i) the Foundation; (ii) a Federal entity with respect to an agreement of that Federal entity with the Foundation; or (iii) an Individual Laboratory-Associated Foundation (as defined in subsection (d)(7)(A)) with respect to an agreement of that Federal entity with the Foundation. (B) Full faith and credit The full faith and credit of the United States shall not extend to any obligations of the Foundation. (11) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation. (f) Department collaboration (1) National Laboratories The Secretary shall collaborate with the Foundation to develop a process to ensure collaboration and coordination between the Department, the Foundation, and National Laboratories— (A) to streamline contracting processes between National Laboratories and the Foundation, including by— (i) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories; (ii) standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and (iii) streamlining the ability of the Foundation to fund endowed positions at National Laboratories; (B) to allow a National Laboratory or site of a National Laboratory— (i) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and (ii) to perform that work on a basis equal to other missions at the National Laboratory; and (C) to permit the director of any National Laboratory or site of a National Laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the Foundation pursuant to section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ). (2) Department liaisons The Secretary shall appoint liaisons from across the Department to collaborate and coordinate with the Foundation, including not less than 1 liaison from the Office of Technology Transitions, who shall ensure that the Foundation works in conjunction with the Technology Commercialization Fund of the Department. (3) Administration The Secretary shall leverage appropriate arrangements, contracts, and directives to carry out the process developed under paragraph (1). (g) National security Nothing in this section exempts the Foundation from any national security policy of the Department. (h) Support services The Secretary shall provide facilities, utilities, and support services to the Foundation if it is determined by the Secretary to be advantageous to the research programs of the Department. (i) Anti-Deficiency Act Subsection (a)(1) of section 1341 of title 31, United States Code (commonly referred to as the Anti-Deficiency Act ), shall not apply to any Federal officer or employee carrying out any activity of the Foundation using funds of the Foundation. (j) Preemption of authority This section shall not preempt any authority or responsibility of the Secretary under any other provision of law. (k) Transfer funds The Foundation may transfer funds to the Department, which shall be subject to all applicable Federal limitations relating to federally funded research. (l) Authorization of appropriations (1) In general There are authorized to be appropriated— (A) to the Secretary, not less than $1,500,000 for fiscal year 2022 to establish the Foundation; (B) to the Foundation, not less than $30,000,000 for fiscal year 2023 to carry out the activities of the Foundation; and (C) to the Foundation, not less than $3,000,000 for fiscal year 2024, and each fiscal year thereafter, for administrative and operational costs. (2) Cost share Funds made available under paragraph (1)(B) shall be required to be cost-shared by a partner of the Foundation other than the Department. 4. National Energy Technology Laboratory-Associated Foundation (a) Establishment (1) In general Notwithstanding any other provision of law, the National Energy Technology Laboratory may establish, or enter into an agreement with a nonprofit organization to establish, a Federal Laboratory-Associated Foundation (referred to in this section as a Laboratory Foundation ) to support the mission of the National Energy Technology Laboratory. (2) Not agency or instrumentality A Laboratory Foundation shall not be an agency or instrumentality of the Federal Government. (3) Governance structure A Laboratory Foundation established under paragraph (1) shall have a separate governance structure from, and shall be managed independently of, the National Energy Technology Laboratory. (b) Activities Activities of a Laboratory Foundation may include— (1) conducting support studies, competitions, projects, research, and other activities that further the purpose of the Laboratory Foundation; (2) carrying out programs to foster collaboration and partnership among researchers from the Federal Government, State governments, institutions of higher education, federally funded research and development centers, and industry and nonprofit organizations relating to the research, development, and commercialization of federally supported technologies; (3) carrying out programs to leverage technologies to support new product development that supports regional economic development; (4) administering prize competitions to accelerate private sector competition and investment; (5) providing fellowships and grants to research and development personnel at, or affiliated with, federally funded centers, in accordance with subsection (c); (6) carrying out programs— (A) that allow scientists from foreign countries to serve in research capacities in the United States or other countries in association with the National Energy Technology Laboratory; (B) that provide opportunities for employees of the National Energy Technology Laboratory to serve in research capacities in foreign countries; (C) to conduct studies, projects, or research in collaboration with national and international nonprofit and for-profit organizations, which may include the provision of stipends, travel, and other support for personnel; (D) (i) to hold forums, meetings, conferences, courses, and training workshops that may include undergraduate, graduate, post-graduate, and post-doctoral accredited courses; and (ii) for the accreditation of those courses by the Laboratory Foundation at the State and national level for college degrees or continuing education credits; (E) to support and encourage teachers and students of science at all levels of education; (F) to promote an understanding of science amongst the general public; (G) for writing, editing, printing, publishing, and vending of relevant books and other materials; and (H) for the conduct of other activities to carry out and support the purpose of the Laboratory Foundation; and (7) receiving, administering, soliciting, accepting, and using funds, gifts, devises, or bequests, either absolutely or in trust of real or personal property or any income therefrom, or other interest or equity therein for the benefit of, or in connection with, the mission of the applicable Federal laboratory, in accordance with subsection (d). (c) Fellowships and grants (1) Selection Recipients of fellowships and grants described in subsection (b)(5) shall be selected— (A) by the donors of a Laboratory Foundation and a Laboratory Foundation; (B) subject to the agreement of the head of the agency the mission of which is supported by a Laboratory Foundation; and (C) in the case of a fellowship, based on the recommendation of the employees of the National Energy Technology Laboratory at which the fellow would serve. (2) Expenses Fellowships and grants described in subsection (b)(5) may include stipends, travel, health insurance, benefits, and other appropriate expenses. (d) Gifts An amount of funds, a gift, a devise, or a bequest described in subsection (b)(7) may be accepted by a Laboratory Foundation regardless of whether it is encumbered, restricted, or subject to a beneficial interest of a private person if any current or future interest of the funds, gift, devise, or bequest is for the benefit of the research and development activities of the National Energy Technology Laboratory. (e) Ownership by Federal Government A contribution, gift, or any other transfer made to or for the use of a Laboratory Foundation shall be regarded as a contribution, gift, or transfer to or for the use of the Federal Government. (f) Liability The United States shall not be liable for any debts, defaults, acts, or omissions of a Laboratory Foundation. (g) Transfer of funds Notwithstanding any other provision of law, a Laboratory Foundation may transfer funds to the National Energy Technology Laboratory and the National Energy Technology Laboratory may accept that transfer of funds. (h) Other laws This section shall not alter or supersede any other provision of law governing the authority, scope, establishment, or use of nonprofit organizations by a Federal agency.
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https://www.govinfo.gov/content/pkg/BILLS-117s1359is/xml/BILLS-117s1359is.xml
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117-s-1360
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II 117th CONGRESS 1st Session S. 1360 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mrs. Murray (for herself, Mr. Casey , Ms. Hirono , Mr. Schumer , Ms. Baldwin , Mr. Bennet , Mr. Blumenthal , Mr. Booker , Mr. Brown , Ms. Cantwell , Mr. Coons , Ms. Cortez Masto , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , Mrs. Gillibrand , Ms. Hassan , Mr. Heinrich , Mr. Kaine , Ms. Klobuchar , Mr. Leahy , Mr. Luján , Mr. Markey , Mr. Menendez , Mr. Murphy , Mr. Peters , Mr. Reed , Ms. Rosen , Mr. Schatz , Ms. Smith , Mr. Van Hollen , Mr. Whitehouse , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Care and Development Block Grant Act of 1990 and the Head Start Act to promote child care and early learning, and for other purposes.
1. Short title This Act may be cited as the Child Care for Working Families Act . I Child Care and Development Assistance 101. Purposes Section 658A(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9801 note) is amended— (1) by striking paragraph (1) and inserting the following: (1) to ensure that no low- to moderate-income family pays more than 7 percent of its household income on child care; ; (2) by striking paragraph (2) and inserting the following: (2) to support working parents in making their own decisions regarding the child care services that best suit their family’s needs; ; (3) in paragraph (4)— (A) by striking high-quality, and inserting high-quality and inclusive, and ; and (B) by inserting , as well as before- and after-school and summer care for school-age children, after services ; (4) in paragraph (5), by inserting before the semicolon the following: , and to help child care programs meet evidence-based or national standards to improve the quality of child care ; (5) in paragraph (6)— (A) by inserting , including children with disabilities and infants and toddlers with disabilities before the semicolon; and (B) by striking and at the end; (6) in paragraph (7)— (A) by striking high-quality and inserting high-quality and inclusive ; and (B) by striking the period at the end and inserting ; and ; and (7) by adding at the end the following: (8) to support the development and improvement of statewide systems to support the needs of infants and toddlers with disabilities and children with disabilities, better coordinate child care and other services, and assist States in increasing the number of child care providers that provide high-quality and inclusive care to families of infants and toddlers with disabilities and families of children with disabilities. . 102. Appropriations Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ) is amended to read as follows: 658B. Appropriations (a) In general There are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated— (1) to carry out this subchapter $20,000,000,000 for fiscal year 2022, $30,000,000,000 for fiscal year 2023, and $40,000,000,000 for fiscal year 2024; and (2) to carry out this subchapter (other than paragraphs (1) and (2) of section 658O(a)) such sums as may be necessary for fiscal year 2025 and each subsequent fiscal year. (b) Territories, Indian Tribes There are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated to carry out paragraphs (1) and (2) of section 658O(a) such sums as may be necessary for fiscal year 2025 and each subsequent fiscal year. . 103. Establishment of program Section 658C of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858a ) is amended to read as follows: 658C. Establishment of child care program (a) In general The Secretary is authorized to administer a child care program under which families in eligible States shall be provided an opportunity to obtain child care for eligible children, subject to the requirements of this subchapter. (b) Assistance for every eligible child Beginning on October 1, 2024, every family who applies for assistance under this subchapter with respect to a child who resides in a State with an approved application under section 658E and who is determined, by a lead agency (or other entity designated by a lead agency), to be an eligible child as defined in section 658P, shall be offered assistance in accordance with and subject to the requirements and limitations of this subchapter. . 104. Lead agency Section 658D of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858b ) is amended— (1) in subsection (a), by striking a grant and inserting payments ; and (2) in subsection (b)(1)(A), by inserting before the semicolon the following: , including by certifying the eligibility of children . 105. Application and plan (a) Plan requirements Section 658E(c) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by striking the matter preceding clause (i) and inserting the following: (A) Supporting working parents Support working parents by providing assurances that— ; and (ii) by striking clause (i)(II) and inserting the following: (II) to enroll such child with a child care provider who has received a child care certificate on behalf of such parent or parents; ; (B) in subparagraph (E)— (i) in clause (i)— (I) by striking subclause (II) and inserting the following: (II) the State's tiered and transparent system for measuring the quality of child care providers, described in subparagraph (W)(i), including— (aa) a description of the national standards or other equally rigorous and evidence-based standards tied to child outcomes that the State uses for purposes of subparagraph (W)(i)(II)(aa); (bb) the payment rates referred to in paragraph (4), for providers at each tier of such system; and (cc) the number and percentage of eligible providers at each tier of such system, in total and disaggregated by geographic location, by provider race and ethnicity, and by the race and ethnicity of the children served, unless the disaggregation involved would reveal personally identifiable information about an individual provider or child; ; (II) in subclause (IV), by inserting the program carried out under title II of the Child Care for Working Families Act , after 9831 et seq.), ; (III) in subclause (VI), by inserting (including for families who speak languages other than English) after family engagement ; and (IV) in subclause (VII), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (iii) information about the State's wage ladder described in subparagraph (G)(iii); and (iv) information on opportunities for staff of child care providers to improve their skills and credentials, including information about training opportunities and professional organizations that provide such training. ; (C) in subparagraph (G)— (i) in clause (i), by striking and professional development requirements and inserting , professional development, and compensation requirements ; (ii) in clause (ii)(V)— (I) by redesignating item (dd) as item (ee); (II) in item (cc), by striking and ; and (III) by inserting after item (cc) the following: (dd) infants and toddlers with disabilities; and ; (iii) by redesignating clauses (iii) and (iv) as clauses (v) and (vi), respectively; and (iv) by inserting after clause (ii) the following: (iii) Compensation The plan shall provide a description of the State’s wage ladder for staff of eligible child care providers, and an assurance that wages for such staff will, at a minimum, meet the requirements of paragraph (4)(B)(iii)(II). (iv) Stakeholder engagement The plan shall demonstrate how the State will facilitate participation of staff of eligible child care providers in organizations that foster the professional development and stakeholder engagement of the child care workforce. ; (D) in subparagraph (I), by striking clause (ii) and inserting the following: (ii) may include other requirements, such as— (I) requirements relating to nutrition, access to physical activity, or any other subject area determined by the State to be necessary to promote child development or to protect children’s health and safety; and (II) a requirement to comply with the standards recommended in the Department of Health and Human Services’ report entitled Caring for our Children Basics: Health and Safety Foundations for Early Care and Education issued on June 25, 2015. ; (E) in subparagraph (K)(i), in the matter preceding subclause (I), by striking , not later than 2 years after the date of enactment of the Child Care and Development Block Grant Act of 2014 , ; (F) in subparagraph (M)— (i) by adding investment of quality child care amounts described in section 658G(a)(1), after parents, ; (ii) by redesignating clause (iv) as clause (vi); (iii) in clause (iii), by striking , as defined by the State; and and inserting a semicolon; and (iv) by inserting after clause (iii) the following: (iv) infants and toddlers with disabilities; (v) children who are dual language learners; and ; (G) in subparagraph (N)— (i) in the subparagraph heading, by adding at the end the following and continuity of care ; (ii) in clause (i)— (I) in subclause (I), by striking child's parent and all that follows and inserting child's parent as participating in an eligible activity (as defined in section 658P), a change in family income for the child's family, or a change in custody or guardianship of the child. ; and (II) by adding at the end the following: (III) Longer-term period The plan shall demonstrate that each child who, on the date the child is determined to be an eligible child, is a child in foster care or a homeless child, and who receives assistance under this subchapter prior to reaching the age of compulsory school attendance, shall remain eligible for such assistance and shall receive such assistance, if so desired by the child's family, until such child reaches the age of compulsory school attendance. ; (iii) in clause (ii), by striking (especially parents in families receiving assistance under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.)) ; (iv) in clause (iii)— (I) by striking At the option of the State, the and inserting The ; (II) by striking of attendance at a job training or educational program and inserting of participation in an eligible activity (as defined in section 658P) ; and (III) by striking resume attendance at a job training or educational program and inserting resume participation in an eligible activity (as so defined) ; and (v) by striking clause (iv); (H) in subparagraph (O)— (i) in clause (i), by striking with programs operating and all that follows and inserting “with programs, operating at the Federal, State, and local levels for children, that are— (I) preschool programs, programs funded under title II of the Child Care for Working Families Act , programs funded under the Head Start Act ( 42 U.S.C. 9831 et seq.), tribal early childhood programs, and other early childhood programs, including those serving infants and toddlers with disabilities or children with disabilities; (II) programs serving homeless children and children in foster care; and (III) programs funded under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.). ; (ii) by striking clause (ii); and (iii) by redesignating clause (iii) as clause (ii); (I) in subparagraph (Q)— (i) by striking low-income populations and inserting children in underserved areas, children with disabilities, and infants and toddlers with disabilities ; and (ii) by striking The plan and all that follow and inserting The plan shall describe the process the State proposes to use, with respect to investments made to increase access to programs providing high-quality and inclusive child care and development services, to give priority for those investments to areas that have significant concentrations of poverty and unemployment and that do not have such services, and to areas that do not have such services for children with disabilities and infants and toddlers with disabilities. ; (J) in subparagraph (R), by inserting and a group of parents who use a variety of child care services that reflects the variety of child care services provided in the State before the period; (K) by striking subparagraph (S) and inserting the following: (S) Prohibition on suspensions, expulsions, and aversive behavioral interventions The plan shall provide an assurance that the State will provide assistance to carry out this subchapter only to eligible child care providers that prohibit— (i) the use of suspension and expulsion of children; and (ii) the use of aversive behavioral interventions. ; (L) in subparagraph (T)— (i) in clause (i)— (I) in the matter preceding subclause (I), by striking (or develop such guidelines if the State does not have such guidelines as of the date of enactment of the Child Care and Development Block Grant Act of 2014) ; and (II) in subclause (I), by striking research-based and inserting evidence-based ; and (ii) in clause (iv)— (I) by striking subclauses (II) and (III); (II) by striking Federal Government and all that follows through mandate and inserting Federal Government to mandate ; and (III) by striking section; and inserting section. ; and (M) in subparagraph (U)— (i) in clause (i)— (I) by striking or a major and inserting , a major ; and (II) by inserting before the period the following , or a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) ; (ii) in clause (ii), by inserting the State’s lead agency established or designated under section 635(a)(10) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1435(a)(10) ), after the State resource and referral system, ; and (iii) in clause (iii)(I), by inserting infants and toddlers with disabilities, after children with disabilities, ; and (N) by adding at the end the following: (W) Tiered and transparent system for measuring the quality of child care providers The plan shall describe how the State will develop or revise with input (from early childhood education and development experts, from a diverse group of child care providers working in a variety of child care settings, from families, and from organizations representing child care directors, teachers, and other staff), within 3 years after the date of submission of the State application, systems for measuring the quality of eligible child care providers who provide services for which assistance is made available under this subchapter, that are inclusive and appropriate for child care providers and that consist of— (i) a tiered and transparent system for measuring the quality of eligible child care providers who serve eligible children, that— (I) applies to eligible child care providers (except providers of family, friend, or neighbor care that elect to be covered under clause (ii)); (II) includes a set of standards, for determining the tier of quality of a child care provider, that— (aa) uses the degree to which the provider meets national standards (which may be Head Start program performance standards described in section 641A(a) of the Head Start Act ( 42 U.S.C. 9836a(a) ) or standards for national accreditation of early learning programs) or other equally rigorous and evidence-based standards that are tied to child outcomes; and (bb) includes indicators that are appropriate for different types of providers, including child care centers and family child care providers, and are appropriate for providers serving different age groups (including mixed age groups) of children, while maintaining a high level of quality child care by all of the different types of providers and for all of the different age groups (including mixed age groups); (III) includes a different set of standards that includes different indicators, to be applied, when appropriate, for care during nontraditional hours of operation; and (IV) in conjunction with the increasing payment rates under paragraph (4) (increasing due to factors specified in paragraph (4) such as the cost estimation model and quality basis for payment rates), provides for sufficient resources to enable standards at the entry tier for such system to increase in rigor over time; and (ii) a separate system of quality standards for providers concerning developmentally appropriate and age-appropriate care that— (I) applies to eligible child care providers of family, friend, or neighbor care (except such providers that elect to be covered under clause (i)); and (II) includes standards for care during nontraditional hours of operation and traditional hours of operation. (X) Prohibition on charging more than copayment The plan shall provide that, after the systems described in subparagraph (W) are in effect, child care providers receiving financial assistance under this subchapter may not charge the family of an eligible child more than the total of— (i) the financial assistance provided to the family under this subchapter; and (ii) any applicable copayment pursuant to paragraph (5). (Y) Policies to support children with disabilities and infants and toddlers with disabilities The plan shall provide a description of— (i) how the State will ensure that eligible child care providers, except for providers of family, friend, or neighbor care that elect to be covered under subparagraph (W)(ii), will prioritize children with disabilities and infants and toddlers with disabilities for slots in programs carried out by the providers; and (ii) how the State will work with the State’s lead agency established or designated under section 635(a)(10) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1435(a)(10) ), local educational agencies, and early intervention services providers to provide services and supports described in the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) in inclusive child care settings to children with disabilities, and to infants and toddlers with disabilities, who are eligible children. (Z) Child care equity review The plan shall provide a description of how the State used the results of the child care equity review required under section 658K to inform the distribution of funds under this subchapter, including funds distributed under section 658G, in an effort to improve equitable access to high-quality inclusive child care for children in the State. (AA) Policies to support children who are dual language learners The plan shall provide a description of how the State will ensure that eligible child care providers will support children who are dual language learners, and their families, enrolled in programs carried out by the providers, including how the State will support child care providers to, to the greatest extent possible, identify each child’s home language through a home language survey, engage with the families in a culturally responsive manner, provide materials and information in a format and language that is accessible to parents, and recognize the child’s home language as an asset and support language development in the child’s home language (BB) Availability of information The plan shall describe how the lead agency intends to make information that is publicly available about the State's child care program and policies, in particular the information referred to in subparagraphs (E), (I), and (T), available in formats accessible to parents and child care providers in the State, which shall include making such information available in the languages most commonly spoken in the State to the greatest extent possible within 5 years after the date of enactment of the Child Care for Working Families Act. (CC) Enrollment practices The plan shall describe how the lead agency will ensure that families have access to a low-barrier enrollment (including re-enrollment) process that is accessible to families with diverse characteristics, including families with adults or children with disabilities or infants and toddlers with disabilities, homeless families, families with limited access to internet connectivity, families living in rural areas, and families of dual language learners, by implementing activities such as allowing for simplified enrollment for siblings, coordinating with other State agencies to streamline enrollment processes across public assistance programs, requiring minimal paperwork, allowing for enrollment through a State or local website, and providing flexible submission deadlines. ; (2) by striking paragraph (3) and inserting the following: (3) Use of funds The State shall use amounts provided to the State for each fiscal year under this subchapter for child care services, provided on a sliding fee scale basis, the activities described in section 658G, and State administration. ; (3) by striking paragraphs (4) and (5) and inserting the following: (4) Payment rates (A) In general The State plan shall— (i) certify that payment rates for the provision of child care services for which assistance is provided in accordance with this subchapter— (I) will be based on a cost estimation model that is described in subparagraph (B) and is approved by the Secretary of Health and Human Services; and (II) will correspond to differences in quality based on the State's tiered and transparent system for measuring the quality of child care providers, described in paragraph (2)(W)(i), and based on the standards described in paragraph (2)(W)(ii); and (ii) specify whether the State is electing— (I) to include, in those payment rates, a bonus for serving children during nontraditional hours or children (including infants and toddlers) described in paragraph (2)(M); or (II) to waive the copayment described in paragraph (5) for a child who has been identified as eligible for assistance from child protective services. (B) Cost estimation model The State plan shall— (i) demonstrate that the State has, after consulting with the entities and individuals described in subparagraph (D), developed and used (not earlier than 3 years before the date of the submission of the application containing the State plan) a statistically valid and reliable cost estimation model for the rates of such child care services in the State— (I) for providers at each of the tiers of the State's tiered and transparent system for measuring the quality of child care providers described in paragraph (2)(W)(i) (which rates reflect variations in the cost of child care services by geographic area, type of provider, and age of child, and the additional costs associated with providing high-quality and inclusive child care services for children with disabilities and infants and toddlers with disabilities); and (II) for providers that meet the standards described in paragraph (2)(W)(ii); (ii) demonstrate that the State— (I) prepared a detailed report containing the child care costs estimated with the State cost estimation model pursuant to clause (i), which report shall include an explanation detailing how the wage requirements described in clause (iii)(II) were applied in the estimation of such costs; and (II) made the estimated costs widely available (not later than 30 days after the completion of the estimation) through periodic means, including posting the estimated costs on the internet; (iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter— (I) in accordance with the most recent estimates from the most recent cost estimation model used pursuant to clause (i), so that providers at each tier of the tiered and transparent system for measuring program quality receive payment that is not less than the cost of meeting the requirements of such tier; and (II) that maintain an effective and diverse workforce by ensuring wages for staff of child care providers that— (aa) are comparable to wages for elementary educators with similar credentials and experience in the State; and (bb) at a minimum, provide a living wage for all staff of child care providers; and (iv) describe how the State will provide for timely payment for child care services provided under this subchapter. (C) Payment practices The State plan shall include— (i) a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, including the practice of paying the providers the payment rate described in subparagraph (A)(i) based on the number of children enrolled and not the number of children in daily attendance, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter; (ii) an assurance that the State will implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider payment rates from an eligible child’s occasional absences due to holidays or unforeseen circumstances such as illness; and (iii) a description of how the State will use direct contracts or grants to support the stability of child care providers in the State, and to increase the supply and improve the quality of child care services in the State as required under paragraph (2)(M). (D) Entities and individuals consulted The entities and individuals referred to in subparagraph (B)(i) are the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ) (including State Head Start collaboration office directors), administrators of local child care programs and Head Start programs, organizations representing child care directors, teachers, and other staff, local child care resource and referral agencies, organizations representing parents of children with disabilities and parents of infants and toddlers with disabilities, the State interagency coordinating council established under section 641 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1441 ), the State advisory panel established under section 612(a)(21) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(21) ), and other appropriate entities. (5) Sliding scale for copayments (A) In general Except as provided in subparagraphs (B)(i) and (C), the State plan shall provide an assurance that the State will require— (i) a family receiving assistance under this subchapter to pay a full copayment referred to in subparagraph (B) (or, for a family receiving part-time care, a reduced copayment that is the proportionate amount of the full copayment); or (ii) another entity to pay the copayment (full or reduced) on behalf of the family, voluntarily or in accordance with Federal law. (B) Sliding scale Such full copayment shall be based on a sliding scale that provides that, for a family with a family income— (i) of not more than 75 percent of State median income for a family of the same size, the family shall not pay a copayment, toward the cost of the child care involved for all eligible children in the family; (ii) of more than 75 percent but not more than 100 percent of State median income for a family of the same size, the copayment shall be more than 0 but not more than 2 percent of that family income, toward such cost for all such children; (iii) of more than 100 percent but not more than 125 percent of State median income for a family of the same size, the copayment shall be more than 2 but not more than 4 percent of that family income, toward such cost for all such children; and (iv) of more than 125 percent but not more than 150 percent of State median income for a family of the same size, the copayment shall be more than 4 but not more than 7 percent of that family income, toward such cost for all such children. (C) Special rule The State shall not require a family with a child that is eligible for a Head Start program under the Head Start Act ( 42 U.S.C. 9831 et seq.) to pay a copayment under this paragraph for any eligible child in the family. (D) Information The State shall make publicly available and accessible, including on the State’s internet website, the income ranges in dollar amounts that correspond to each of the income categories described in clauses (ii), (iii), and (iv) of subparagraph (B) and the copayments required from families in each such category, by family size. . (b) Report Section 658E of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c ) is amended by adding at the end the following: (e) Report The lead agency shall submit to the Secretary within 40 months after the date of submission of the application described in subsection (a) a report outlining the process by which the lead agency developed or revised the State’s systems for measuring the quality of eligible child care providers who provide services for which assistance is made available under this subchapter. The report shall include a discussion of the stakeholders, including early childhood education and development experts, child care providers working in a variety of child care settings, families, and organizations representing child care directors, teachers, and other staff, from whom the lead agency sought input during this process as required under subsection (c)(2)(W). . 106. Limitations Section 658F of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858d ) is amended— (1) by striking the section heading and inserting the following: 658F. Limitations ; (2) in subsection (a), by striking or recipient of a child care certificate ; and (3) in subsection (b)(1), by striking section 658O(c)(6) and inserting section 658O(b)(5) . 107. Activities to improve the quality of child care Section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9848e ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking A State and all that follows through for activities and inserting A State that receives a payment under section 658J shall reserve and use the quality child care amount described in paragraph (2) for activities ; (i) by adding for all age groups of eligible children before , and is in alignment with ; and (B) by striking paragraphs (2) and (3) and inserting the following: (2) Quality child care amount Such State shall reserve and use— (A) during fiscal years 2022 through 2024, from the payment made to the State for a fiscal year, a quality child care amount equal to 50 percent of the State allotment under section 658O; and (B) during fiscal year 2025 and each subsequent fiscal year, from the total of the quarterly payments made to the State for a particular fiscal year, a quality child care amount equal to not more than 10 percent of the amount made available to the State to carry out this subchapter for that particular fiscal year (and shall reserve and use a proportional amount, from each quarterly payment made to the State for that particular fiscal year). ; and (2) by striking subsection (b) and inserting the following: (b) Activities (1) In general Quality child care amounts reserved under subsection (a) shall be used to carry out activities that— (A) consist of— (i) the activities described in paragraph (2); (ii) the activities described in subparagraphs (A) and (B) of paragraph (3), and the activities described in paragraph (3)(C) under the circumstances described in that paragraph; (iii) the activities described in paragraph (4); (iv) at the election of the State, the activities described in paragraph (5); (v) one or more of the activities described in a subparagraph of paragraph (6); (vi) one or more of the activities described in paragraph (7); (vii) the activities described in paragraph (8); (viii) one or more activities described in a subparagraph of paragraph (9); (ix) at the election of the State, remodeling, renovation, or repair permitted under section 658F(b); and (x) at the election of the State during fiscal years 2022 through 2024, notwithstanding section 658F(b), construction, permanent improvement, or major renovation, with priority for funding for such activities given to underserved communities and underserved populations as identified— (I) in the Statewide assessment of the State’s needs under subsection (a); (II) in the child care equity review described in section 658E(c)(2)(Z); and (III) as applicable, in the statewide needs assessment conducted under section 9212(f) of the Every Student Succeeds Act ( 20 U.S.C. 9831 note); and (B) will improve the quality of child care services provided in the State. (2) Supply building activities (A) In general The State shall use quality child care amounts to implement activities that increase the supply of eligible child care providers, and the number of available slots in the State for child care assisted under this subchapter, in underserved communities and for underserved populations identified as described in paragraph (1)(A)(x). (B) Administration Assistance provided under this paragraph may be administered by local or regional child care resource and referral organizations, community development financial institutions, or other entities with which the State has contracted in the past. (C) Activities Activities funded under this paragraph shall include each of the following: (i) Startup grants and supply expansion grants The State shall make grants to child care providers, with priority for providers seeking to provide child care in underserved communities and for underserved populations described in subparagraph (A), to support providers in paying for startup costs and assist providers in meeting health and safety requirements and achieving licensure, which may include conducting remodeling, renovation, or repair permitted under section 658F(b). For fiscal years 2022 through 2024, such grants may also be used for construction, permanent improvement, or major renovation, as allowable under paragraph (1)(A)(x), of a building or facility. The State shall ensure that all providers that receive funding provided under this paragraph participate, in a timely manner, the State’s tiered and transparent system for measuring the quality of eligible child care providers described in section 658E(c)(2)(W)(i). (ii) Technical assistance The State shall provide technical assistance to increase the supply of eligible child care providers in the State, such as providing business startup support, conducting outreach to recruit new child care providers, providing support to enable providers to achieve licensure (including providing support, for child care providers operating legally without a child care license, to obtain such license), offering orientations for new child care providers, and supporting the development of shared services models for child care programs. (3) Quality improvement grants A State shall use quality child care amounts to improve the quality of child care providers across the State that are eligible for assistance under this subchapter and to support child care providers in meeting the requirements for the highest tier of the system described in section 658E(c)(2)(W)(i), including by— (A) (i) making quality startup grants (including, in the case of providers of family, friend, or neighbor care, grants for activities described in paragraph (8)(H)) to child care providers that are not yet participating in the tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i), in a fiscal year, and that commit to improve quality so that the provider involved can participate in that system in the subsequent fiscal year; and (ii) in making those grants, by giving priority for funding to underserved communities and for underserved populations identified as described in paragraph (1)(A)(x); (B) making quality improvement grants to child care providers that meet the requirements for a tier of the State tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i), in a fiscal year, and that commit to improve quality so that the provider involved can meet the requirements for a higher tier in the subsequent 3 fiscal years; and (C) renewing a grant described in subparagraph (A) or (B) at the end of the applicable grant period, for a provider that demonstrates sufficient progress in meeting the goals for the grant. (4) Activities to assist homeless children and children in foster care A State shall use quality child care amounts for activities that improve access to child care services for homeless children and children in foster care, including— (A) the use of procedures to permit immediate enrollment of homeless children and children in foster care while required documentation is obtained; (B) training and technical assistance on identifying and serving homeless children and their families, and children in foster care and their foster families; and (C) specific outreach to homeless families and foster families. (5) Child care resource and referral system (A) In general A State may use quality child care amounts to establish or support a system of local or regional child care resource and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community-based or regionally based, lead child care resource and referral organization. (B) Local or regional organizations The local or regional child care resource and referral organizations supported as described in subparagraph (A) shall— (i) provide parents in the State with consumer education information referred to in section 658E(c)(2)(E) (except as otherwise provided in that section), concerning the full range of child care and early childhood education options (including faith-based child care providers, Head Start agencies (including Early Head Start agencies), and community-based child care providers), analyzed by child care provider, including child care provided during nontraditional hours, child care provided through dual language child care programs, child care provided through emergency child care centers, and inclusive child care options for children with disabilities and infants and toddlers with disabilities, in their political subdivisions or regions in formats and languages accessible to all parents in such political subdivisions or regions, including parents of dual language learners; (ii) to the extent practicable, work directly with families who receive assistance under this subchapter to offer the families support and assistance, using information described in clause (i) in conjunction with available data on parent satisfaction and provider training and experience, to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in the most appropriate child care setting to suit their needs and one that provides high-quality and inclusive care, which may include providing information and data through family navigators who can help parents make such decisions; (iii) collect data and provide information on the coordination of services and supports, including services provided under section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), for children with disabilities and infants and toddlers with disabilities, and services provided under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.); (iv) collect data (and, where appropriate, enable real time collection of data) and provide information on the supply of and demand for child care services, by age of child to the extent practicable, in political subdivisions or regions within the State and submit such information to the State; (v) to the extent practicable, make data and information described in subclause (iv) available to parents through online referral registry services provided by the child care resource and referral organizations or other nonprofit entities in the State; (vi) work to establish partnerships with public agencies and private entities, including faith-based child care providers, Head Start agencies (including Early Head Start agencies), and community-based child care providers, and incorporate the effective use of data and technology to increase the supply and quality of child care services in the State; (vii) as appropriate, coordinate their activities with the activities of the State lead agency and local agencies that administer funds made available in accordance with this subchapter; and (viii) work to establish partnerships with the parent resource centers established under section 672 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1472 ) to provide information about inclusive child care options for children with disabilities and infants and toddlers with disabilities, including children with more significant disabilities and children with complex medical needs. (6) Training and professional development A State shall use quality child care amounts for supporting training and professional development that is culturally and linguistically appropriate for the child care workforce, and individuals working in Head Start programs (including Early Head Start programs), through activities such as those included under section 658E(c)(2)(G), in addition to at least one activity consisting of— (A) (i) offering training, coaching, or professional development opportunities for child care providers that relate to the use of evidence-based, developmentally appropriate and age-appropriate strategies to promote the social, emotional, physical, adaptive, communication, and cognitive development of children, including key programmatic strategies; and (ii) offering specialized training for child care providers caring for those populations prioritized in section 658E(c)(2)(Q), homeless children, children in foster care, children who are dual language learners, and children with disabilities and infants and toddlers with disabilities; (B) incorporating the effective use of data to guide program improvement; (C) implementing effective behavior management strategies (and related training), including implementing multitiered systems of support such as support through positive behavior interventions and supports, and trauma informed care, that— (i) promote positive social and emotional development; (ii) prevent and reduce challenging behaviors, including by setting consistent expectations for all students; and (iii) eliminate suspensions, expulsions, and aversive behavioral interventions; (D) providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways, including for parents and families of dual language learners, to expand their knowledge, skills, and capacity to become meaningful partners in supporting their children’s positive development; (E) providing training corresponding to the nutritional and physical activity needs of children to promote healthy development; (F) providing training or professional development for child care providers regarding the early neurological development of children; (G) connecting staff members of child care providers with available Federal and State financial aid, or other resources, that would assist the staff members in pursuing relevant postsecondary training; (H) creating or expanding a statewide scholarship program for child care providers to obtain credentials related to child care; (I) creating or expanding an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), for child care providers in the early years of providing child care; (J) providing training, scholarship opportunities, or apprenticeships for multilingual adults in order to expand the supply of high-quality, dual language child care programs; (K) supporting articulation agreements between public institutions of higher education that offer 2-year programs and public institutions of higher education that offer 4-year programs, for the purposes of facilitating, for child care providers or individuals seeking to become such providers, the transfer of postsecondary credits for coursework related to child care from such institutions with 2-year programs to such institutions with 4-year programs; (L) providing training and professional development on child developmental milestones and evidence-based developmental screening practices that help identify infants, toddlers, and children to be referred for evaluation concerning eligibility for services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.); (M) undertaking efforts to improve the diversity of staff of eligible providers, including efforts to recruit a more diverse workforce; (N) providing training and professional development related to the impact of trauma on social-emotional development and to implementing best practices in trauma-informed care; (O) providing access to trained early childhood mental health consultants to help child care providers and other program management personnel implement mental health promotion and prevention strategies; or (P) developing and providing professional development on competencies for early childhood educators, including specialized competencies for educators serving infants and toddlers. (7) Programs and services for infants and toddlers A State shall use quality child care amounts to promote and expand child care providers’ ability to provide developmentally appropriate services for infants and toddlers through activities that shall include at least one activity consisting of— (A) (i) training and professional development; and (ii) coaching and technical assistance on this age group’s unique needs from statewide networks of qualified infant-toddler specialists; (B) improving infant and toddler components within the State’s tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i), for child care providers for infants and toddlers, or developing infant and toddler components in a State’s child care licensing regulations or early learning and development guidelines; (C) improving the ability of parents to access transparent and easy to understand consumer information about high-quality and inclusive care for infants and toddlers; (D) providing supports to implement or sustain partnerships with Early Head Start agencies; (E) carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, infant and toddler well-being, or infant and toddler social and emotional development, including providing health and safety training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation) for providers and caregivers; or (F) carrying out other activities to promote and expand child care providers’ ability to provide developmentally appropriate services for infants and toddlers. (8) Inclusive care for children with disabilities and infants and toddlers with disabilities A State shall use quality child care amounts for activities to improve the supply of eligible child care providers that provide high-quality and inclusive care for children with disabilities and infants and toddlers with disabilities through activities, which shall include— (A) offering training, professional development, or coaching opportunities for child care providers that relate to the use of evidence-based, developmentally appropriate, and age-appropriate strategies in inclusive settings to promote the social, emotional, physical, adaptive, communication, and cognitive development of children with disabilities and infants and toddlers with disabilities, and their peers; (B) improving the ability of parents to access transparent and easy-to-understand consumer information about high-quality and inclusive care for children with disabilities and infants and toddlers with disabilities; (C) promoting and expanding child care providers’ ability to provide developmentally appropriate services for infants and toddlers with disabilities through improved coordination of systems, services, and other activities with the providers and individuals who provide services or supports under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.); and (D) specific outreach to families with— (i) parents with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); (ii) children with disabilities; and (iii) infants and toddlers with disabilities. (9) Other activities A State shall use quality child care amounts for at least one activity consisting of— (A) improving upon the development or implementation of the early learning and developmental guidelines described in section 658E(c)(2)(T) by providing technical assistance to eligible child care providers that enhances the cognitive, physical, social, and emotional development, including early childhood development, of participating preschool and school-aged children and supports their overall well-being; (B) developing, implementing, or enhancing the State’s tiered and transparent system for measuring the quality of child care providers, as described in section 658E(c)(2)(W)(i); (C) facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards; (D) evaluating and assessing the quality and effectiveness of child care programs (taking into account whether such programs also provide services funded under the Head Start Act) and services offered in the State, including evaluating how such programs positively impact children; (E) supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality; (F) supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, social and emotional development, nutrition, physical activity, and physical development; (G) activities that improve the availability of child care services, activities that improve access to child care services, and any other activity that the State determines to be appropriate to meet the purposes of this subchapter, with priority being given for services (including giving priority access to services through providers at the highest tier of the system described in section 658E(c)(2)(W)(i)) to homeless children, children in foster care, children of families with very low family incomes (taking into consideration family size), children who are dual language learners, children with disabilities, and infants and toddlers with disabilities; (H) supporting State or local efforts to expand Early Head Start-Child Care Partnerships; (I) activities to improve the quality of providers of family, friend, or neighbor care, which may include— (i) establishing or expanding the operation of community- or neighborhood-based family, friend, or neighbor care networks, which may include networks that support the implementation of shared services models; (ii) offering education, training, business development, apprenticeship, mentoring, or leadership development opportunities for the providers; (iii) conducting home visits and coaching that provide one-on-one advice and support; (iv) conducting play and learn sessions or other types of peer networking; (v) facilitating participation in the program carried out under this subchapter or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ); (vi) assistance in achieving licensure, if the provider wants to become licensed; (vii) recruiting providers of family, friend, or neighbor care to build the supply of high-quality and inclusive care by such providers; (viii) recruiting providers of family, friend, or neighbor care to become eligible child care providers providing child care services under this subchapter, to build the supply of high-quality and inclusive care by providers of family, friend, or neighbor care; and (ix) providing training on effective instruction for children of diverse cultural backgrounds, children with disabilities, infants and toddlers with disabilities, and children who are dual language learners; (J) (i) supporting eligible child care providers to eliminate suspensions, expulsions, and aversive behavioral interventions, including through adaptations and interventions by special educators, mental health consultants, and other community resources, such as behavior coaches, psychologists, and other appropriate specialists; and (ii) promoting multitiered systems of support such as positive behavioral interventions and supports and trauma informed care that promote positive social and emotional development and reduce challenging behaviors; (K) activities to improve the supply and quality of child care programs and services to provide high-quality and inclusive care for school-age children, which may include— (i) establishing or expanding high-quality and inclusive school-age child care standards and a system of supports for such care that align with best practices for before- and after-school care and summer care; (ii) enhancing professional development and technical assistance opportunities for providers of school-age care; and (iii) improving the ability of parents to access transparent and easy to understand consumer information about high-quality and inclusive school-age care; (L) establishing or expanding high-quality and inclusive community- or neighborhood-based family and child development centers, which shall serve as resources for child care providers in order to improve the quality of early childhood services provided to children from low-income families and to help eligible child care providers improve their capacity to offer high-quality and inclusive, age-appropriate care; (M) activities that promote simple and streamlined enrollment, in high-quality and inclusive child care services, including child care services provided under this subchapter, that is accessible to diverse types of families, which may include activities that establish or improve systems that also allow families to enroll in early childhood care and education services or public assistance programs available in the State, such as those listed in subparagraphs (E)(i)(IV) and (O) of section 658E(c)(2), through use of data sharing agreements, identification of eligible families, and use of a single or common application that is available on a State website; (N) establishing or expanding the operation of community- or neighborhood-based family child care networks, which may include networks that support the implementation of shared services models described in subparagraph (O); (O) developing or expanding the use of shared services models, including through shared services alliances administered by nonprofit organizations or child care resource and referral organizations, to reduce the operational burden on child care providers through the coordination of services such as operations and business support, information technology services, accounting services, human resources services, training and professional development, enrollment services, and quality assessment services; (P) establishing, maintaining, improving, or expanding a system, such as a substitute pool system, to support child care providers in a variety of child care settings in finding qualified, temporary staff when needed and to strengthen the pipeline for early childhood educators; or (Q) supporting eligible child care providers in providing accessible comprehensive services for children and their families, including— (i) screenings of vision, hearing, health (including mental health), dental health, and development (including early literacy and math skill development), which shall be coordinated with the activities carried out through the comprehensive child find system under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.); (ii) consultation with child care health consultants to assess, plan, implement, and evaluate strategies to achieve high-quality safe and healthy child care environments that are trauma-informed strategies and support the mental and physical health of children; (iii) (I) family engagement opportunities that take into account the language spoken in the child’s home, such as parent conferences (with opportunities for parents to provide input about the child’s development); and (II) support services, such as parent education, home visiting, and family literacy services; (iv) (I) nutrition services, including provision of nutritious meals and snack options aligned with the requirements in the most recent guidelines promulgated by the Secretary of Agriculture for the Child and Adult Care Food Program authorized under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ); and (II) regular, age-appropriate, nutrition education for children and their families; (v) programs, carried out in coordination with local educational agencies and entities providing services and supports authorized under part B and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq.; 1431 et seq.), to ensure the full participation of infants and toddlers with disabilities and children with disabilities in high-quality and inclusive child care settings; (vi) physical activity programs that— (I) are aligned with evidence-based guidelines, such as those recommended by the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine; and (II) take into account and accommodate the needs of children with disabilities and infants and toddlers with disabilities; or (vii) on-site service coordination, to the maximum extent feasible. . 108. Administration and enforcement Section 658I of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858g ) is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) collect, publish, and make available to the public a listing of State child care standards, including licensing standards, health and safety standards, and the standards described in clauses (i) and (ii) of section 658E(c)(2)(W), at least once every 3 years; ; (B) in paragraph (3), by inserting and after the semicolon; (C) in paragraph (4), by striking this subchapter; and inserting this subchapter, which shall include information about evidence-based curricula that are developmentally appropriate and support development across the essential domains of early childhood development. ; and (D) by striking paragraph (5); (2) in subsection (b)(2)(A), in the matter following clause (ii), by striking State allotment and inserting State payments ; and (3) by striking subsection (c). 109. State quarterly payments (a) In general Section 658J of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858h ) is amended to read as follows: 658J. Payments to States (a) Definitions In this section: (1) FMAP The term FMAP has the meaning given the term in the first sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ). (2) Infant or toddler The term infant or toddler means a child under age 3. (b) Payments to States (1) In general Except as provided in paragraphs (2) and (3), the Secretary shall pay to each State with an application approved under section 658E an amount for each quarter equal to the FMAP of expenditures in the quarter— (A) for child care assistance under the plan for eligible children, other than such children who are infants or toddlers; and (B) to carry out activities under section 658G, subject to the limit specified in section 658G(a)(2). (2) Child care assistance for infants or toddlers The Secretary shall pay to each State with such an approved application an amount for each quarter equal to 90 percent of expenditures in the quarter for child care assistance under the plan for eligible children who are infants or toddlers. (3) Administration The Secretary shall pay to each State with such an approved application an amount for each quarter equal to 50 percent of expenditures in the quarter for the costs of administration incurred by the State in carrying out sections 658H and 658K, and other reasonable costs incurred by the State to administer the plan. (c) Advance payment; retrospective adjustment The Secretary may make payments under this section for each quarter on the basis of advance estimates of expenditures submitted by the State and such other investigation as the Secretary may find necessary, and may reduce or increase the payments as necessary to adjust for any overpayment or underpayment for previous quarters. (d) Flexibility in submittal of claims Nothing in this section shall be construed as preventing a State from claiming as expenditures in a quarter expenditures that were incurred in a previous quarter. (e) State entitlement This subchapter represents the obligation of the Federal Government to provide, to States with approved applications under section 658E, for payments under this section from amounts provided under section 658B(a). Those States are entitled to payments under this section. . (b) Effective date The amendments made by this section take effect on October 1, 2025. 110. Reporting Section 658K(a) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858i(a) ) is amended— (1) in paragraph (1)(B)— (A) in clause (x), by striking and ; (B) by transferring clause (xi) so as to appear after clause (x); (C) in clause (xi), by inserting and after the semicolon; and (D) inserting after clause (xi) the following: (xii) whether the children receiving assistance under this subchapter are either children with disabilities or infants and toddlers with disabilities; ; (2) in paragraph (2)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by adding and after the semicolon; (C) by striking the flush text between subparagraphs (E) and (F); (D) in subparagraph (F), by striking the period and inserting a comma; and (E) by adding at the end the following: during the period for which such report is required to be submitted. ; and (3) by adding at the end the following: (3) Child care equity review (A) In general Each lead agency that receives funds to carry out this subchapter shall complete every 3 years, prior to submitting a 3-year State plan under section 658E, a child care equity review, with families (including families of children with disabilities and families of infants and toddlers with disabilities), child care providers (including child care directors, teachers, and staff of the providers), and community leaders engaged in the review, to inform the distribution of funds under section 658G. (B) Contents of review Each child care equity review shall include data on each of the following: (i) The percentage of children receiving child care services funded under this subchapter, disaggregated by— (I) race and ethnicity; (II) family income; (III) age; (IV) status as an infant or toddler with a disability or child with a disability; (V) status as a homeless child; (VI) status as a child in foster care; and (VII) status (to the extent the status is known) as a dual language learner. (ii) The geographic location of child care providers funded under this subchapter. (iii) The quality features of child care services provided by providers funded under this subchapter, compared to the quality features of child care services provided by other child care providers, to the extent possible, including data on quality features such as— (I) amount of staff wages; (II) length of staff retention; (III) presence of coaching and professional development activities; (IV) number of provider closures; (V) a measure of parent satisfaction; and (VI) presence of provision of information in languages other than English. (iv) The quality features of child care services received by children and funded under this subchapter, disaggregated (unless the disaggregation involved would reveal personally identifiable information about an individual provider or child) by the children’s— (I) race and ethnicity; (II) family income; (III) age; (IV) status as an infant or toddler with a disability or child with a disability; (V) status as a homeless child; (VI) status as a child in foster care; and (VII) status (to the extent the status is known) as a dual language learner. (v) Whether there are inequities in how quality features are distributed among children served under this subchapter. (C) Report Not later than 6 months after completing the review required under subparagraph (A), the lead agency shall prepare and submit to the Secretary a report, in such manner as the Secretary shall require, that includes the data described in subparagraph (B) and a summary of the State’s progress towards improving equitable access to high-quality inclusive child care for children in the State. Such report shall be made publicly available on the internet website of the lead agency. (D) Funding In using State administration funds made available under section 658J(b)(3) to carry out the child care equity review under this paragraph, a State may use the funds to complete community engagement activities related to the review. . 111. Priority; website Section 658L of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858j ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking Committee on Education and the Workforce and inserting Committee on Education and Labor ; and (B) in the third sentence, by striking 658E(c)(3)(B) and inserting section 658G(b)(9)(G) ; and (2) in subsection (b)(2)(B)— (A) in clause (ii), by striking a Quality Rating and Improvement System or and inserting a tiered and transparent system for measuring the quality of child care providers described in section 658E(c)(2)(W)(i) and ; (B) in clause (iv), by striking and at the end; (C) in clause (v), by striking the period and inserting ; and ; and (D) inserting at the end the following: (vi) information about— (I) high-quality and inclusive care for children with disabilities and infants and toddlers with disabilities, including child care with early intervention services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.) for infants and toddlers with disabilities and their families, and child care with services and supports under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.) for children with disabilities; and (II) other Federal, State, or local programs that may support inclusive child care for infants and toddlers, or children, referred to in subclause (I). . 112. Nondiscrimination Section 658N of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858l ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking this section and inserting this subsection ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3)— (i) in the paragraph heading, by striking and admission ; (ii) by striking (1)(B), (2), and (3) and inserting (1)(B) and (2) ; (iii) by striking and admissions ; and (iv) by striking or admissions ; (2) in subsection (b)— (A) in the subsection heading, by striking State Law and inserting Other Laws ; (B) by striking Nothing and inserting the following: (1) Expenditures Nothing ; and (C) by adding at the end the following: (2) Rights, remedies, procedures, or standards Nothing in this subchapter shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination in employment or in provision of programs and activities under any other Federal law or law of a State or political subdivision of a State, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 , 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). The obligations imposed by this subchapter are in addition to those imposed by the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). ; and (3) by adding at the end the following: (c) Nondiscrimination in programs and activities (1) In general Except as described in paragraph (2), no person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (including sexual orientation and gender identity), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part, with funds made available under this subchapter or with amounts appropriated for grants, contracts, or certificates administered with such funds. (2) Preference in enrollment If assistance provided under this subchapter, and any other Federal or State program, amounts to less than 80 percent of the operating budget of a child care provider that receives such assistance, a child care provider may select children for child care slots that are not funded directly with assistance provided under this subchapter because such children or their family members participate on a regular basis in other activities of the organization that owns or operates such provider. . 113. Indian tribes and national activities (a) In general Section 658O of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m ) is amended— (1) by striking the heading and inserting the following: 658O. Indian tribes, territories, and national activities ; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking not to exceed one half of 1 percent of the amount appropriated under this subchapter and inserting a portion of the amount appropriated under section 658B(b) ; and (ii) by striking to be allotted and all that follows and inserting the following: “to be allotted by the Secretary— (A) in accordance with the respective needs of those territories; and (B) taking into consideration— (i) the population of eligible children, and the population of eligible children from low-income families, to be served by the territory involved; and (ii) the cost of child care in the territory. ; (B) in paragraph (2)— (i) by striking (2) Indians tribes and all that follows through 658B in and inserting (2) Indian tribes .—The Secretary shall reserve the remainder of the amount appropriated under section 658B(b) in ; (ii) by striking subsection (c) and inserting subsection (b) ; and (iii) by striking subparagraph (B); (C) in paragraph (3), by striking reserve up to $1,500,000 of the amount appropriated under this subchapter and inserting reserve and use such sums as the Secretary may determine to be necessary of the amount appropriated under section 658B(a) ; (D) in paragraph (4), by striking reserve up to ½ of 1 percent of the amount appropriated under this subchapter and inserting reserve and use such sums as the Secretary may determine to be necessary of the amount appropriated under section 658B(a) ; and (E) in paragraph (5), by striking reserve ½ of 1 percent of the amount appropriated under this subchapter and inserting reserve and use such sums as the Secretary may determine to be necessary of the amount appropriated under section 658B(a) ; (3) by striking subsection (b); (4) in subsection (c)— (A) in paragraph (3)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (C) (i) the population of Indian or Native Hawaiian eligible children, and the population of Indian or Native Hawaiian eligible children from low-income families, to be served by the Indian tribe or tribal organization; (ii) the cost of child care in the area to be served by the tribe or organization; and (iii) whether awarding a grant or contract to the tribe or organization will increase the number of programs that reach standards described in subsection (a)(1)(B)(iii); ; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (5) by redesignating subsection (c) as subsection (b); (6) by striking subsection (d); (7) in subsection (e)— (A) by striking paragraphs (1) through (3); (B) by striking (e) Reallotments .— and all that follows through Any and inserting (e) Reallotments .—Any ; and (C) by striking subsection (c) each place it appears and inserting subsection (b) ; and (8) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively. (b) Effective date This section takes effect on October 1, 2025. 114. Definitions Section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ) is amended— (1) in paragraph (2)— (A) by inserting child care provider on behalf of a before parent ; and (B) by striking who may use such certificate only as payment ; (2) in paragraph (3)— (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (3) in paragraph (4)— (A) in subparagraph (B), by striking 85 percent and inserting 150 percent (100 percent for fiscal year 2022, 115 percent for fiscal year 2023, and 130 percent for fiscal year 2024) ; and (B) by striking subparagraph (C) and inserting the following: (C) who— (i) resides with a parent or parents who are participating in an eligible activity; (ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i), which shall include homeless children, children in foster care, and children who are in contact with child protective services; or (iii) resides with a parent or parents who are more than 65 years of age. ; and (4) by adding at the end the following: (16) Eligible activity In paragraph (4), the term eligible activity shall include, at minimum, activities consisting of— (A) full-time or part-time employment, including self-employment; (B) job search activities; (C) job training; (D) secondary, postsecondary, or adult education, such as education through a program of high school classes, a course of study at an institution of higher education, classes toward an equivalent of a high school diploma recognized by State law, or English as a Second Language classes; (E) health treatment (including mental health and substance use treatment) for a condition that prevents the individual from participating in other eligible activities; (F) activities to prevent child abuse and neglect, or family violence prevention or intervention activities; (G) employment and training activities under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); (H) work activities under the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); and (I) taking leave under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq.) (or equivalent provisions for Federal employees), a State or local paid or unpaid family, medical, or disability leave program, or a program of employer-provided leave. (17) Foster care (A) In general The term foster care means 24-hour substitute care for a child placed away from the child’s parents or guardians and for whom the State or tribal agency has placement and care responsibility. The term includes care through a placement in a foster family home, a foster home of a relative, a group home, an emergency shelter, a residential facility, a child care institution, or a pre-adoptive home. (B) Rule A child shall be considered to be in foster care in accordance with subparagraph (A) regardless of— (i) whether the foster care facility is licensed and payments are made by the State, tribal, or local agency for the care of the child; (ii) whether adoption subsidy payments are being made prior to the finalization of an adoption; or (iii) whether there are Federal matching funds for any payments described in clause (i) or (ii) that are made. (18) High-quality and inclusive care The term high-quality and inclusive , used with respect to care (including child care), means care provided by an eligible child care provider— (A) that is at the highest tier of the State’s tiered and transparent system for measuring the quality of child care providers, under section 658E(c)(2)(W)(i); (B) for whom the percentage of children served by the provider who are children with disabilities and infants and toddlers with disabilities reflects the prevalence of children with disabilities and infants and toddlers with disabilities among children within the State; and (C) that provides care for children with disabilities and infants and toddlers with disabilities alongside children who are— (i) not infants and toddlers with disabilities; and (ii) not children with disabilities. (19) Homeless child The term homeless child means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434 ). (20) Infant or toddler with a disability The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (21) Key programmatic strategies The term key programmatic strategies means strategies related to— (A) nutrition and physical activity; (B) recommended practices for age-appropriate exposure to screen media; and (C) the integration and utilization of instructional methods to assist learning across disciplines, including methods that use the arts, language, literacy, mathematics, science, and social studies. . 115. Parental rights and responsibilities Section 658Q(b) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858o(b) ) is amended by striking in a manner— and all that follows through to disfavor and inserting in a manner to disfavor . 116. Miscellaneous provisions Section 658S of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858q ) is amended— (1) by striking Notwithstanding and inserting the following: (a) Child care not treated as income Notwithstanding ; and (2) by adding at the end the following: (b) Rule of construction for collective bargaining Nothing in this subchapter shall be construed to alter, diminish, or otherwise affect the rights, remedies, and procedures afforded to individuals employed by schools or local educational agencies, or teachers and other staff employed by child care providers— (1) under Federal, State, or local laws (including applicable regulations or court orders); or (2) under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between schools, agencies, or providers that are referred to in this subsection, and their employees. (c) Special rules for eligible children For purposes of determining whether a child is an eligible child for purposes of this subchapter— (1) a State may not use eligibility requirements that are more restrictive than the requirements specified in this subchapter, including section 658P; (2) for a child of a parent who seeks to meet the requirement of section 658P(4)(C) by participating in an education program as an eligible activity (as defined in section 658P), that parent shall not be required to participate in any additional eligible activity (as so defined), or be required to hold any minimum grade point average, to meet that requirement; and (3) a child who became an eligible child when the child's family met the income requirements of section 658P(4)(B) for an initial fiscal year shall be considered to remain an eligible child for the subsequent fiscal year if— (A) the State median income for that fiscal year drops below the State median income for the initial fiscal year, and as a result such child’s family income now exceeds 150 percent (or the corresponding percentage specified in section 658P(4)(B)) of the State median income; and (B) the child meets the other requirements of section 658P. (d) Nonpostsecondary education program For purposes of section 401 of the Act entitled An Act to provide for reconciliation pursuant to section 201(a)(1) of the concurrent resolution on the budget for fiscal year 1997 , approved August 22, 1996, the program carried out under this subchapter shall be considered to be a program of nonpostsecondary education. . 117. Conforming amendment The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.) is amended by striking the subchapter heading and inserting the following: C Child care and development assistance . 118. Transition rules (a) In general During fiscal years 2022 through 2024, the Secretary of Health and Human Services— (1) shall make allotments and payments to States, territories, and Indian tribes under section 658J and 658O of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858h , 9858m), as in effect immediately before the date of enactment of this Act, subject to subsection (b); (2) shall reserve funds according to paragraphs (3) through (5) of section 658O(a) of that Act ( 42 U.S.C. 9858m(a) ); and (3) shall carry out section 658E(c)(3) of that Act ( 42 U.S.C. 9858c(c)(3) ) by applying subparagraph (C) of that section, as in effect immediately before the date of enactment of this Act. (b) Adjustments During fiscal years 2022 through 2024, the Secretary shall have authority to make such adjustments as may be necessary to carry out subsection (a) and to transition to making quarterly payments under section 658J and allotments under section 658O(a) of the Child Care and Development Block Grant Act of 1990, as amended by this Act. 119. Effective date This title, and the amendments made by this title, take effect on October 1, 2021, except as otherwise provided in this title. II High-quality preschool 201. Formula grants to states to establish voluntary high-quality preschool programs (a) Definitions In this section: (1) Child with a disability The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (2) Dual language learner The term dual language learner means an individual who is limited English proficient, as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 ). (3) Eligible child The term eligible child means a child who is— (A) age 3, 4, or 5; (B) not yet enrolled in kindergarten; and (C) a member of a family with a family income that does not exceed 150 percent of the State median income for a family of the same size. (4) Eligible provider The term eligible provider includes a local educational agency, Head Start program funded under the Head Start Act ( 42 U.S.C. 9831 et seq.), licensed child care center, licensed family child care home, and community- or neighborhood-based family child care network, that— (A) participates in the State’s tiered and transparent system for measuring program quality described in section 658E(c)(2)(W)(i) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(W)(i) ); and (B) meets the highest tier of such system. (5) Foster care (A) In general The term foster care means 24-hour substitute care for a child placed away from the child’s parents or guardians and for whom the State agency has placement and care responsibility. The term includes care through a placement in a foster family home, a foster home of a relative, a group home, an emergency shelter, a residential facility, a child care institution, or a pre-adoptive home. (B) Rule A child shall be considered to be in foster care in accordance with subparagraph (A) regardless of— (i) whether the foster care facility is licensed and payments are made by the State or local agency for the care of the child; (ii) whether adoption subsidy payments are being made prior to the finalization of an adoption; or (iii) whether there are Federal matching funds for any payments described in clause (i) or (ii) that are made. (6) Governor The term Governor means the chief executive officer of a State. (7) High-need school The term high-need school means an elementary school in which not less than 50 percent of the enrolled students are children from low-income families, as defined in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6641(b)(3)(B) ). (8) High-need local educational agency The term high-need local educational agency means a local educational agency that serves a high percentage of high-need schools. (9) Homeless child The term homeless child means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434 ). (10) Infant or toddler with a disability The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (11) Key programmatic strategies The term key programmatic strategies means strategies related to— (A) nutrition and physical activity; (B) recommended practices for age-appropriate exposure to screen media; and (C) the integration and utilization of instructional methods to assist learning across disciplines, including methods that use the arts, language, literacy, mathematics, science, and social studies. (12) Low-income child The term low-income child means a child who is a member of a family with a family income that is at or below 200 percent of the poverty line. (13) Outlying areas The term outlying areas means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (14) Poverty line The term poverty line means the official poverty line (as defined by the Office of Management and Budget)— (A) adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and (B) adjusted for family size. (15) Specialized instructional support personnel The term specialized instructional support personnel has the meaning given such term in section 8101(47)(A) of the Elementary and Secondary Education Act ( 20 U.S.C. 7801(47) ). (16) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) Allotments to states (1) Reservation From the total amount appropriated to carry out this section for a fiscal year, the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall— (A) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations; (B) reserve ½ of 1 percent for the outlying areas to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary of Health and Human Services in accordance with the purposes of this section; (C) reserve ½ of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor; (D) reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation; and (E) reserve 5 percent for State leadership activities described in subsection (c), including the grants described in such subsection. (2) Allotment formula (A) In general Except as provided in subparagraph (B), from the total amount appropriated to carry out this section for a fiscal year that remains after making the reservations under paragraph (1), the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall allot to each State for the fiscal year that has an application approved under subsection (d), for the purpose of providing grants to eligible providers to offer high-quality preschool, an amount that bears the same ratio to such remainder as the number of children who are below the age of 6 who reside within the State and whose families have an income at or below 200 percent of the poverty line for the most recent year for which satisfactory data are available, bears to the number of such children who reside in all such States for such most recent fiscal year for which satisfactory data are available. (B) Minimum allotment amount No State receiving an allotment under subparagraph (A) for a fiscal year shall receive less than ½ of 1 percent of the total amount allotted under such subparagraph for the fiscal year. (c) State reservation (1) In general From amounts reserved under subsection (b)(1)(E), a State shall carry out the State leadership activities described in this subsection to improve equitable access to high-quality preschool programs operated by eligible providers across the State, including programs in high-need local educational agencies, which shall include— (A) ongoing professional development opportunities for school principals, school superintendents, teachers, specialized instructional support personnel, and teacher assistants to improve their practices, which may include activities that— (i) prepare elementary schools to create or expand preschool classrooms, including training on developmentally appropriate practices and preparing classrooms with materials and equipment for young children; (ii) promote children’s development across all of the essential domains of early learning and development; (iii) improve curricula and teacher-child interaction; (iv) incorporate the inclusion of key programmatic strategies into classroom instruction; (v) increase effective family engagement, including for families of dual language learners; (vi) provide effective instruction for children of diverse cultural backgrounds, children with disabilities, and dual language learners; (vii) improve social and emotional development; (viii) incorporate positive behavioral interventions and supports and principles of trauma-informed care; (ix) align preschool curricula with elementary school standards and curricula; (x) engage teachers, teacher leaders, early childhood educators, and other professionals in joint professional learning opportunities, as described in section 2103(b)(3)(G) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(b)(3)(G) ); and (xi) improve the transition of children from preschool to elementary school; (B) completing the Preschool Equity Review and distributing grants as described in paragraph (2) in accordance with the results of such review; (C) expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for staff of eligible providers to pursue credentials and degrees, including bachelor’s degrees; and (D) partnerships between institutions of higher education and eligible providers, including high-need local educational agencies, to improve access to early childhood educators, including educators serving dual language learners and children with disabilities. (2) Grants to improve equitable access to high-quality preschool programs (A) In general From amounts reserved under subsection (b)(1)(E), a State shall make grants to rectify resource inequities in preschool programs and expand access to high-quality preschool programs for all children, including children described in items (aa) through (dd) of subparagraph (B)(ii)(I). Such grants shall be awarded to high-need local educational agencies in order to improve their capacity to offer high-quality preschool programs for eligible children, which may include paying the costs of renovation. (B) Preschool equity review (i) In general Each State making grants under subparagraph (A) shall complete an annual Preschool Equity Review that informs the distribution of funds under such subparagraph. (ii) Contents of review Each Preschool Equity Review shall include data on— (I) the percentage of children participating in preschool programs funded under this section, disaggregated by status as— (aa) children with disabilities; (bb) low-income children; (cc) children from major ethnic and racial groups; and (dd) dual language learners; (II) the geographic location of preschool programs funded under this section; (III) the quality of preschool programs funded under the section, compared to such programs not funded under this section; and (IV) resource inequities between preschool programs, including programs serving a high percentage of children described in items (aa) through (dd) of subclause (I). (d) State application In order to receive an allotment under this section, the Governor of a State shall submit an application at such time and in such manner as the Secretary of Health and Human Services, in collaboration with the Secretary of Education, may require. Such application shall include each of the following: (1) A description of how the State will provide access to high-quality preschool during the school day for eligible children in the State within 3 years, which shall include the following: (A) How the State plans to distribute funds from the State's allotment to eligible providers, including an assurance that the Governor will designate a State-level entity (such as an agency or joint interagency office) for the administration of the grant. (B) An explanation of how the State will ensure that eligible providers receiving funds under this section will use research-based curricula that are aligned with State early learning standards that are developmentally appropriate and include, at a minimum, each of the following domains: (i) Language development. (ii) Literacy. (iii) Mathematics. (iv) Science. (v) Creative arts. (vi) Social and emotional development. (vii) Approaches to learning. (viii) Physical development. (C) How the State will coordinate services provided under this section with services and supports provided under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.), section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 1431 et seq.), the Head Start Act ( 42 U.S.C. 9831 et seq.), the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note), the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.), the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq.) and the maternal, infant, and early childhood home visiting programs assisted under section 511 of the Social Security Act ( 42 U.S.C. 711 ). (D) How the State will improve transitions from early childhood education to elementary school, including how the State will ensure that preschool programs— (i) share relevant data between early childhood educators and kindergarten teachers; (ii) share instructional, behavioral, and other information between early childhood educators and kindergarten teachers to best support the transition of children with disabilities who may need services and supports provided under part B of the Individuals with Disabilities Education Act ( 42 U.S.C. 1411 et seq.) into general education settings; and (iii) share information about the proficiency of dual language learners in both English and their native language. (E) How the State will provide ongoing monitoring and support and conduct evaluations of preschool programs funded under this section. (F) How the State has reviewed the strategic plan developed under section 9212 of the Every Student Succeeds Act ( 42 U.S.C. 9831 note) or engaged in a similar strategy to facilitate coordination of existing early learning and care programs in a mixed delivery system. (G) If the State funds full-day kindergarten programs, but such full-day kindergarten programs are not available to all children who are eligible to attend such programs in the State, how the State plans to increase the number of children in the State who are enrolled in full-day kindergarten programs and a strategy to implement such a plan. (H) If the State does not fund full-day kindergarten programs, a description of how the State plans to establish such programs to strengthen the educational continuum for children who will be involved in the State’s high-quality preschool program supported under this title. (2) An assurance that all preschool programs funded under this section will— (A) offer programming that meets the duration requirements in the program performance standards applicable to Head Start programs described in section 641A of the Head Start Act ( 42 U.S.C. 9836a ); (B) adopt policies and practices to provide expedited enrollment, including prioritization, to— (i) homeless children; (ii) children in foster care; and (iii) migratory children; (C) conduct outreach to families of— (i) homeless children; (ii) dual language learners; (iii) children in foster care; (iv) children with disabilities; (v) infants and toddlers with disabilities; and (vi) migratory children; (D) provide salaries to staff of eligible providers that are on the same pay scale as elementary school educators with similar credentials and experience; (E) require high staff qualifications for teachers, including, at a minimum, meeting the staff qualifications included in the quality standards of the National Institute for Early Education Research that are in effect on the date of enactment of this Act by not later than 4 years after the date the State first receives an allotment under this section; and (F) determine whether children are dual language learners and provide services to ensure the full and effective participation of such learners and their families. (3) An assurance that the State will provide assistance under this section only to eligible providers that prohibit the use of suspension, expulsion, and aversive behavioral interventions. (4) An assurance that the State will meet the requirements of clauses (ii) and (iii) of section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T)(ii) and (iii)). (e) Use of funds A State that receives an allotment under subsection (b)(2) for a fiscal year shall use the allotment to carry out the activities described in the State's application described in subsection (d). (f) Match required A State that receives an allotment under subsection (b)(2) for a fiscal year shall provide matching funds from non-Federal sources in an amount equal to 10 percent of the Federal funds that such State receives under such subsection for the fiscal year. (g) Reporting (1) In general Each State that receives an allotment under subsection (b)(2) shall prepare an annual report, in such manner and containing such information as the Secretary of Health and Human Services may reasonably require. (2) Contents A report prepared under paragraph (1) shall contain, at a minimum— (A) a description of the manner in which the State has used the funds made available through the allotment and a report of the expenditures made with the funds; (B) a summary of the State’s progress toward providing access to high-quality preschool programs for eligible children; (C) an evaluation of the State’s progress towards improving equitable access to high-quality preschool, as measured by the Preschool Equity Review described in subsection (c)(2)(B), disaggregated by the categories under subsection (c)(2)(B)(ii)(I); (D) the number and percentage of children in the State participating in eligible preschool programs, disaggregated by race, ethnicity, family income, child age, disability, and whether the children are homeless children, children in foster care, or dual language learners; (E) data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, and whether the children are homeless children, children in foster care, or dual language learners, with information on whether such programs are offered— (i) for a full-day; and (ii) at no cost to families; (F) data on the kindergarten readiness of children across the State; and (G) data regarding coordination efforts with other child care and early childhood education programs, including those funded under the Head Start Act ( 42 U.S.C. 9831 et seq.). (h) Maintenance of effort (1) In general If a State reduces its combined fiscal effort per child for its State preschool program or State supplemental assistance funds for Head Start programs assisted under the Head Start Act ( 42 U.S.C. 9831 et seq.) for any fiscal year that a State receives an allotment under subsection (b)(2) relative to the previous fiscal year, the Secretary of Health and Human Services, in collaboration with the Secretary of Education, shall reduce support for such State under such subsection by the same amount as the decline in State effort for such fiscal year. (2) Waiver The Secretary of Health and Human Services, in collaboration with the Secretary of Education, may waive the requirements of paragraph (1) if— (A) the Secretaries determine that a waiver would be appropriate due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services during the 5-year period preceding the date of the determination, including for early childhood education programs; or (B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, the State presents to the Secretaries a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action. (i) Supplement not supplant Funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on early childhood education programs in the State. (j) Appropriations There is authorized to be appropriated, and there is appropriated, to carry out this section, $8,000,000,000 for each of fiscal years 2022 through 2032. III Head Start extended duration 301. Extended duration (a) In general The Head Start Act ( 42 U.S.C. 9801 et seq.) is amended— (1) by redesignating section 657C ( 42 U.S.C. 9852c ) as section 657D; and (2) by inserting after section 657B ( 42 U.S.C. 9852b ) the following: 657C. Extended duration (a) In general The Secretary shall make grants to Head Start agencies (including Early Head Start agencies) funded under this subchapter to enable such agencies— (1) to provide access to a full school year and a full school day of services; (2) in the case of a migrant and seasonal Head Start agency, to provide access to additional service hours to ensure continuous Head Start services as determined by the Secretary; or (3) in the case of a Head Start agency (including an Early Head Start agency) that already meets the full-day, full-year services needs within its community, to enhance the quality of Head Start services (including Early Head Start services) provided to children served by such agency. (b) Application (1) In General To be eligible to receive a grant under this section, a Head Start agency shall submit an application at such time and in such manner as the Secretary may require. Such application shall include— (A) evidence of— (i) the number and percentage of slots— (I) in the agency's Head Start center-based programs (that are not Early Head Start programs)— (aa) that are currently funded (as of the date of submission of the application); and (bb) in which services are provided for at least the equivalent of 1,020 hours per year; and (II) in the agency's Early Head Start center-based programs— (aa) that are currently funded (as of that date); and (bb) in which services are provided for at least the equivalent of 1,380 hours per year; and (ii) the number and percentage of slots, in the agency's Head Start family child care programs— (I) that are currently funded (as of that date); and (II) in which services are provided for at least the equivalent of 1380 hours per year; (B) a description of an approach, using the current community-wide strategic planning and needs assessment described in section 640(g)(1)(C) of the Head Start Act ( 42 U.S.C. 9835(g)(1)(C) ) and current program schedule (current as of the date of submission of the application), that transitions all of the agency's Head Start programs to a full school day, full school year program schedule; and (C) a budget justification that estimates the supplemental funding necessary to provide for incremental ongoing operating costs for the extended hours of service under such a program schedule for the current enrollment in the agency's Head Start programs. (2) Exceptions (A) Migrant and seasonal head start (i) In general A migrant and seasonal Head Start agency may apply for a grant described in subsection (a) without meeting the requirements specified in paragraph (1) to ensure continuous Head Start services are provided to children enrolled in a migrant and seasonal Head Start program. To be eligible to receive the grant, the agency shall submit an application at such time and in such manner as the Secretary may require. (ii) Priority In making grants to applicants described in clause (i), the Secretary shall give priority to a migrant and seasonal Head Start agency operating for fewer than 8 months per year. (B) Full-day, full-year head start agencies (i) In general A Head Start agency (including an Early Head Start agency) that certifies to the Secretary that it is meeting the full-day, full-year need within its community may apply for a grant to enhance the quality of services provided to children enrolled in its Head Start program (including its Early Head Start program) in accordance with subsection (c)(2). (ii) Application A Head Start agency (including Early Head Start agency) that meets the requirements of clause (i) shall submit an application, which shall include— (I) the proposed uses of funds in accordance with subsection (c)(2); and (II) how such uses of funds relate to the communitywide strategic planning and needs assessment described under section 640(g)(1)(C). (c) Use of funds (1) Extended duration A Head Start agency that meets the requirements of paragraph (1) or (2) of subsection (a) receiving a grant under this section shall use the grant funds to cover the costs associated with extending those hours of service for the current enrollment, such as additional costs for— (A) the purchase, rental, renovation, and maintenance of additional facilities; (B) ongoing purchases of classroom supplies; (C) staff providing services during the extended hours; and (D) professional development to staff transitioning to providing services during the extended hours. (2) Enhancing program quality A Head Start agency (including an Early Head Start agency) that meets the requirements of subsection (a)(3) shall use funds for the activities authorized under section 640(a)(5)(B). (3) Exception The Head Start agency shall not use the grant funds to expand the number of children served in the Head Start program (including the Early Head Start program) of the agency. (d) Reservations (1) Activities From the total amount appropriated to carry out this section, the Secretary shall— (A) for making grants for the activities described in subsection (c)(1)(A), reserve $4,000,000,000 of the funds appropriated for fiscal year 2022; and (B) for making grants for the activities described in any of subparagraphs (B) through (D) of subsection (c)(1), reserve— (i) $490,000,000 of the funds appropriated for fiscal year 2022; (ii) $610,000,000 of the funds appropriated for fiscal year 2023; and (iii) $730,000,000 of the funds appropriated for fiscal year 2024. (2) Priority The Secretary shall prioritize Head Start agencies (including Early Head Start agencies) that are applying to use funds to carry out the activities described in subsection (a)(1). (3) Migrant or seasonal head start programs From the amount appropriated to carry out this section for a fiscal year and reserved under paragraph (1)(B), the Secretary shall reserve 4.5 percent for migrant or seasonal Head Start programs. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $4,490,000,000 for fiscal year 2022; (2) $610,000,000 for fiscal year 2023; and (3) $730,000,000 for fiscal year 2024. (f) Definitions In this section: (1) Full school day; full school year The terms full school day and full school year mean such a day and year, respectively, within the meaning of the Head Start Program Performance standards issued under section 641A(a). (2) Migrant and seasonal Head Start agency The term migrant and seasonal Head Start agency means an agency that is funded under this subchapter to provide a migrant and seasonal Head Start program. . (b) Conforming Amendments Section 640 of the Head Start Act ( 42 U.S.C. 9835 ) is amended— (1) in subsection (a)(6), by striking appropriated under this subchapter each place it appears and inserting appropriated under section 639 ; and (2) in subsection (g)(3)(A)— (A) by striking amount appropriated each place it appears and inserting amount appropriated under section 639 ; (B) by striking services provided under this subchapter and inserting services provided under this subchapter (other than section 657C) ; and (C) by striking agency under this subchapter and inserting agency under this subchapter (other than section 657C) . 302. Appropriation for wages (a) Appropriation There is authorized to be appropriated, and there is appropriated, out of any funds in the Treasury not otherwise appropriated, $4,000,000,000 for fiscal year 2022 and each subsequent fiscal year, to carry out subsection (b). (b) Use of funds Using funds made available under subsection (a), the Secretary of Health and Human Services shall assist Head Start agencies (including Early Head Start agencies) funded under the Head Start Act ( 42 U.S.C. 9831 et seq.), to the extent needed to ensure that their teachers and staff— (1) receive wages that are comparable to wages for elementary educators with similar credentials and experience in the State; or (2) at a minimum, receive a living wage. (c) Application In carrying out subsection (b), the Secretary shall apply the Head Start Act, except to the extent that subsection (b) is inconsistent with that Act. IV Appropriations for supports and services for inclusive child care for infants, toddlers, and children with disabilities 401. Appropriations for supports and services for inclusive child care for infants, toddlers, and children with disabilities There is authorized to be appropriated and there is appropriated for each State for each quarter an amount that is equal to 5 percent of the payment to such State for such quarter under section 658J of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858h ) to be used by— (1) the State’s lead agency designated or established under section 635(a)(10) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1435(a)(10) ) to provide early intervention services for infants and toddlers with disabilities (as defined in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 )) and their families in settings that provide high-quality inclusive care to such children; and (2) the State to provide services and supports to children with disabilities (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n )) in settings that provide high-quality inclusive care to such children. V Maternal, Infant, and Early Childhood Home Visiting Program 501. Sense of Congress It is the sense of Congress that— (1) from the prenatal period to the first day of kindergarten, children’s development rapidly progresses at a pace exceeding that of any subsequent stage of life; (2) as reported by the National Academy of Sciences in 2001, striking disparities exist in what children know and can do that are evident well before they enter kindergarten; these differences are strongly associated with social and economic circumstances, and they are predictive of subsequent academic performance; (3) research has consistently demonstrated that investments in high-quality programs that serve infants and toddlers better position those children for success in elementary, secondary, and postsecondary education as well as helping children develop the critical physical, emotional, social, and cognitive skills that they will need for the rest of their lives; (4) in 2011, there were 11,000,000 infants and toddlers living in the United States and 49 percent of these children came from low-income families living with incomes at or below 200 percent of the Federal poverty guidelines; (5) the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program was authorized by Congress to facilitate collaboration and partnership at the Federal, State, and community levels to improve health and development outcomes for at-risk children, including those from low-income families, through evidence-based home visiting programs; (6) MIECHV is an evidence-based policy initiative and its authorizing legislation requires that at least 75 percent of funds dedicated to the program must support programs to implement evidence-based home visiting models, which includes the home-based model of Early Head Start; (7) in fiscal year 2016, MIECHV served approximately 160,000 parents and children, which is only a small portion of those eligible, in 893 counties covering all 50 states, the District of Columbia, and 5 territories; and (8) Congress should increase its investment in MIECHV to support the work of States to help more at-risk families voluntarily receive home visits from home visitors to— (A) promote maternal, infant, and child health; (B) improve school readiness and achievement; (C) prevent potential child abuse or neglect and injuries; (D) support family economic self-sufficiency; (E) reduce crime or domestic violence; and (F) improve coordination or referrals for community resources and supports.
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https://www.govinfo.gov/content/pkg/BILLS-117s1360is/xml/BILLS-117s1360is.xml
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117-s-1361
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II 117th CONGRESS 1st Session S. 1361 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reduce the size of the seat of the Government of the United States to the area composed of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol, to provide for the retrocession of the remaining area of the District of Columbia to the State of Maryland, and for other purposes.
1. Short title This Act may be cited as the District of Columbia-Maryland Reunion Act . 2. Findings Congress finds the following: (1) Article I, section 2, clause 1 of the Constitution of the United States states that the House of Representatives shall be composed of Members chosen every second Year by the People of the several States . (2) The Founding Fathers did not consider the proposed district that would become Washington, DC, a State under the Constitution, as evidenced when Alexander Hamilton offered an amendment to the Constitution during the New York ratification to provide full congressional representation to Washington, DC, which was rejected by the convention on July 22, 1788. (3) The Supreme Court of the United States held in Hepburn v. Ellzey, 6 U.S. 445 (1805), in an opinion authored by Chief Justice John Marshall, that the term states in article I, section 2, clause 1 of the Constitution does not include Washington, DC, for representation purposes. (4) Seven Supreme Court Justices affirmed Chief Justice Marshall’s reasoning from Hepburn v. Ellzey in National Mutual Insurance Co. v. Tidewater Transfer Co., 337 U.S. 582 (1949). (5) In 1978, a Congress controlled by Democrats attempted to amend the Constitution to provide Washington, DC, with full congressional representation. The Committee on the Judiciary of the House of Representatives reported the joint resolution and stated that granting congressional representation to the District of Columbia as it is presently constituted would require a constitutional amendment, because statutory action alone will not suffice . (6) Amending the Constitution requires two-thirds approval by each house of Congress and ratification by three-fourths of the States. In 1978, two-thirds of both the House of Representatives and the Senate voted for the constitutional amendment to provide Washington, DC, with full congressional representation, but the amendment was not ratified by three-fourths of the States. (7) An alternative to a potentially lengthy and difficult constitutional amendment process is ceding Washington, DC, back to Maryland, just as an area of 31 square miles that was originally ceded by Virginia was returned to that State by Federal legislation in 1847, thereby ensuring that the portion of Washington, DC, in Virginia would have representation in the Senate and the House of Representatives. (8) In 1847, there was a desire to allow the District of Columbia land on the west side of the Potomac River that was not being used by the Federal Government to have its own proper representation in Congress. (9) Obtaining the desired representation for that portion of Washington, DC, would have required a constitutional amendment unless the land were given back to Virginia. (10) Instead of trying to pass a constitutional amendment, in 1847, Congress legislatively ceded back to Virginia from the District of Columbia the non-Federal land composed of 31 square miles on the west side of the Potomac River. (11) Accordingly, the District of Columbia would clearly and constitutionally have 2 Senators and a Representative with full voting rights by ceding the District of Columbia to Maryland after Maryland’s acceptance of such retrocession, while maintaining the exclusive legislative authority and control of Congress over the Federal District in the District of Columbia. 3. Retrocession of District of Columbia to Maryland (a) In general Upon the issuance of a proclamation by the President under section 8 and except as provided in subsection (b) of this section, the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal control over Federal District Notwithstanding subsection (a), the Federal District described in section 5 shall not be ceded and relinquished to the State of Maryland and shall continue to serve as the permanent seat of the Government of the United States, and Congress shall continue to exercise exclusive legislative authority and control over such District. 4. Effect on judicial proceedings in District of Columbia (a) Continuation of suits No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. 5. Federal District described (a) In general Subject to subsections (c), (d), and (e), upon the retrocession under section 3(a), the Federal District referred to in section 3(b)— (1) shall consist of the territory located within the boundaries described in subsection (b) of this section; (2) shall include the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol; and (3) shall not include the building known as the John A. Wilson Building , as described and designated under section 601(a) of the Omnibus Spending Reduction Act of 1993 (sec. 10–1301(a), D.C. Official Code). (b) General description The boundaries of the Federal District shall be as follows: Beginning at the intersection of the southern right-of-way of F Street NE and the eastern right-of-way of 2nd Street NE; (1) thence south along said eastern right-of-way of 2nd Street NE to its intersection with the northeastern right-of-way of Maryland Avenue NE; (2) thence southwest along said northeastern right-of-way of Maryland Avenue NE to its intersection with the northern right-of-way of Constitution Avenue NE; (3) thence west along said northern right-of-way of Constitution Avenue NE to its intersection with the eastern right-of-way of 1st Street NE; (4) thence south along said eastern right-of-way of 1st Street NE to its intersection with the southeastern right-of-way of Maryland Avenue NE; (5) thence northeast along said southeastern right-of-way of Maryland Avenue NE to its intersection with the eastern right-of-way of 2nd Street SE; (6) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the northern property boundary of the property designated as Square 760 Lot 803; (7) thence east along said northern property boundary of Square 760 Lot 803 to its intersection with the western right-of-way of 3rd Street SE; (8) thence south along said western right-of-way of 3rd Street SE to its intersection with the northern right-of-way of Independence Avenue SE; (9) thence west along said northern right-of-way of Independence Avenue SE to its intersection with the northwestern right-of-way of Pennsylvania Avenue SE; (10) thence northwest along said northwestern right-of-way of Pennsylvania Avenue SE to its intersection with the eastern right-of-way of 2nd Street SE; (11) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the southern right-of-way of C Street SE; (12) thence west along said southern right-of-way of C Street SE to its intersection with the eastern right-of-way of 1st Street SE; (13) thence south along said eastern right-of-way of 1st Street SE to its intersection with the southern right-of-way of D Street SE; (14) thence west along said southern right-of-way of D Street SE to its intersection with the eastern right-of-way of South Capitol Street; (15) thence south along said eastern right-of-way of South Capitol Street to its intersection with the northwestern right-of-way of Canal Street SE; (16) thence southeast along said northwestern right-of-way of Canal Street SE to its intersection with the southern right-of-way of E Street SE; (17) thence east along said southern right-of-way of said E Street SE to its intersection with the western right-of-way of 1st Street SE; (18) thence south along said western right-of-way of 1st Street SE to its intersection with the southernmost corner of the property designated as Square 736S Lot 801; (19) thence west along a line extended due west from said corner of said property designated as Square 736S Lot 801 to its intersection with the southwestern right-of-way of New Jersey Avenue SE; (20) thence southeast along said southwestern right-of-way of New Jersey Avenue SE to its intersection with the northwestern right-of-way of Virginia Avenue SE; (21) thence northwest along said northwestern right-of-way of Virginia Avenue SE to its intersection with the western right-of-way of South Capitol Street; (22) thence north along said western right-of-way of South Capitol Street to its intersection with the southern right-of-way of E Street SW; (23) thence west along said southern right-of-way of E Street SW to its end; (24) thence west along a line extending said southern right-of-way of E Street SW westward to its intersection with the eastern right-of-way of 2nd Street SW; (25) thence north along said eastern right-of-way of 2nd Street SW to its intersection with the southwestern right-of-way of Virginia Avenue SW; (26) thence northwest along said southwestern right-of-way of Virginia Avenue SW to its intersection with the western right-of-way of 3rd Street SW; (27) thence north along said western right-of-way of 3rd Street SW to its intersection with the northern right-of-way of D Street SW; (28) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 4th Street SW; (29) thence north along said eastern right-of-way of 4th Street SW to its intersection with the northern right-of-way of C Street SW; (30) thence west along said northern right-of-way of C Street SW to its intersection with the eastern right-of-way of 6th Street SW; (31) thence north along said eastern right-of-way of 6th Street SW to its intersection with the northern right-of-way of Independence Avenue SW; (32) thence west along said northern right-of-way of Independence Avenue SW to its intersection with the western right-of-way of 12th Street SW; (33) thence south along said western right-of-way of 12th Street SW to its intersection with the northern right-of-way of D Street SW; (34) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 14th Street SW; (35) thence south along said eastern right-of-way of 14th Street SW to its intersection with the northeastern boundary of the Consolidated Rail Corporation railroad easement; (36) thence southwest along said northeastern boundary of the Consolidated Rail Corporation railroad easement to its intersection with the eastern shore of the Potomac River; (37) thence generally northwest along said eastern shore of the Potomac River to its intersection with a line extending westward the northern boundary of the property designated as Square 12 Lot 806; (38) thence east along said line extending westward the northern boundary of the property designated as Square 12 Lot 806 to the northern property boundary of the property designated as Square 12 Lot 806, and continuing east along said northern boundary of said property designated as Square 12 Lot 806 to its northeast corner; (39) thence east along a line extending east from said northeast corner of the property designated as Square 12 Lot 806 to its intersection with the western boundary of the property designated as Square 33 Lot 87; (40) thence south along said western boundary of the property designated as Square 33 Lot 87 to its intersection with the northwest corner of the property designated as Square 33 Lot 88; (41) thence counter-clockwise around the boundary of said property designated as Square 33 Lot 88 to its southeast corner, which is along the northern right-of-way of E Street NW; (42) thence east along said northern right-of-way of E Street NW to its intersection with the western right-of-way of 18th Street NW; (43) thence south along said western right-of-way of 18th Street NW to its intersection with the southwestern right-of-way of Virginia Avenue NW; (44) thence southeast along said southwestern right-of-way of Virginia Avenue NW to its intersection with the northern right-of-way of Constitution Avenue NW; (45) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the eastern right-of-way of 17th Street NW; (46) thence north along said eastern right-of-way of 17th Street NW to its intersection with the southern right-of-way of H Street NW; (47) thence east along said southern right-of-way of H Street NW to its intersection with the northwest corner of the property designated as Square 221 Lot 35; (48) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 35 to its southeast corner, which is along the boundary of the property designated as Square 221 Lot 37; (49) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 37 to its southwest corner, which it shares with the property designated as Square 221 Lot 818; (50) thence south along the boundary of said property designated as Square 221 Lot 818 to its southwest corner, which it shares with the property designated as Square 221 Lot 40; (51) thence south along the boundary of said property designated as Square 221 Lot 40 to its southwest corner; (52) thence east along the southern border of said property designated as Square 221 Lot 40 to its intersection with the northwest corner of the property designated as Square 221 Lot 820; (53) thence south along the western boundary of said property designated as Square 221 Lot 820 to its southwest corner, which it shares with the property designated as Square 221 Lot 39; (54) thence south along the western boundary of said property designated as Square 221 Lot 39 to its southwest corner, which is along the northern right-of-way of Pennsylvania Avenue NW; (55) thence east along said northern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 15th Street NW; (56) thence south along said western right-of-way of 15th Street NW to its intersection with a line extending northwest from the southern right-of-way of the portion of Pennsylvania Avenue NW north of Pershing Square; (57) thence southeast along said line extending the southern right-of-way of Pennsylvania Avenue NW to the southern right-of-way of Pennsylvania Avenue NW, and continuing southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 14th Street NW; (58) thence south along said western right-of-way of 14th Street NW to its intersection with a line extending west from the southern right-of-way of D Street NW; (59) thence east along said line extending west from the southern right-of-way of D Street NW to the southern right-of-way of D Street NW, and continuing east along said southern right-of-way of D Street NW to its intersection with the eastern right-of-way of 13½ Street NW; (60) thence north along said eastern right-of-way of 13½ Street NW to its intersection with the southern right-of-way of Pennsylvania Avenue NW; (61) thence east and southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 12th Street NW; (62) thence south along said western right-of-way of 12th Street NW to its intersection with a line extending to the west the southern boundary of the property designated as Square 324 Lot 809; (63) thence east along said line to the southwest corner of said property designated as Square 324 Lot 809, and continuing northeast along the southern boundary of said property designated as Square 324 Lot 809 to its eastern corner, which it shares with the property designated as Square 323 Lot 802; (64) thence east along the southern boundary of said property designated as Square 323 Lot 802 to its southeast corner, which it shares with the property designated as Square 324 Lot 808; (65) thence counter-clockwise around the boundary of said property designated as Square 324 Lot 808 to its northeastern corner, which is along the southern right-of-way of Pennsylvania Avenue NW; (66) thence southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the eastern right-of-way of 4th Street NW; (67) thence north along a line extending north from said eastern right-of-way of 4th Street NW to its intersection with the southern right-of-way of C Street NW; (68) thence east along said southern right-of-way of C Street NW to its intersection with the eastern right-of-way of 3rd Street NW; (69) thence north along said eastern right-of-way of 3rd Street NW to its intersection with the southern right-of-way of D Street NW; (70) thence east along said southern right-of-way of D Street NW to its intersection with the western right-of-way of 1st Street NW; (71) thence south along said western right-of-way of 1st Street NW to its intersection with the northern right-of-way of C Street NW; (72) thence west along said northern right-of-way of C Street NW to its intersection with the western right-of-way of 2nd Street NW; (73) thence south along said western right-of-way of 2nd Street NW to its intersection with the northern right-of-way of Constitution Avenue NW; (74) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (75) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the southwestern right-of-way of New Jersey Avenue NW; (76) thence northwest along said southwestern right-of-way of New Jersey Avenue NW to its intersection with the northern right-of-way of D Street NW; (77) thence east along said northern right-of-way of D Street NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (78) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the western right-of-way of North Capitol Street; (79) thence north along said western right-of-way of North Capitol Street to its intersection with the southwestern right-of-way of Massachusetts Avenue NW; (80) thence southeast along said southwestern right-of-way of Massachusetts Avenue NW to the southwestern right-of-way of Massachusetts Avenue NE; (81) thence southeast along said southwestern right-of-way of Massachusetts Avenue NE to the southern right-of-way of Columbus Circle NE; (82) thence counter-clockwise along said southern right-of-way of Columbus Circle NE to its intersection with the southern right-of-way of F Street NE; and (83) thence east along said southern right-of-way of F Street NE to the point of beginning. (c) Streets and sidewalks The Federal District shall include any street (and sidewalk thereof) that bounds the area described in subsection (b). (d) Metes and bounds survey Not later than 180 days after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a metes and bounds survey of the Federal District, as described in subsection (b). (e) Clarification of treatment of Frances Perkins Building The entirety of the Frances Perkins Building, including any portion of the Building which is north of D Street Northwest, shall be included in the Federal District. 6. Transition provisions relating to House of Representatives (a) Temporary increase in apportionment (1) In general Until the taking effect of the first reapportionment occurring after the effective date of this Act— (A) the State of Maryland shall be entitled to 1 additional Representative, relative to the number of Representatives to which the State was entitled as of the day before that effective date; (B) the additional Representative described in subparagraph (A) shall replace the Delegate to the House of Representatives from the District of Columbia; and (C) the additional Representative described in subparagraph (A) shall be in addition to the membership of the House of Representatives as prescribed by law as of the day before the date of enactment of this Act. (2) Temporary appointment of DC Delegate as Representative of Maryland During the period beginning on the effective date of this Act and ending when a new Congress convenes, the individual who was serving as the Delegate to the House of Representatives from the District of Columbia on the day before that effective date shall serve as the additional Representative from the State of Maryland described in paragraph (1)(A). (3) Increase not counted against total number of members The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not— (A) operate to increase or decrease the permanent membership of the House of Representatives as prescribed in sections 1 and 2 of the Act entitled An Act for the apportionment of Representatives in Congress among the several States under the Thirteenth Census , approved August 8, 1911 ( 2 U.S.C. 2 ); or (B) affect the basis of reapportionment established by section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ). (b) Repeal of laws providing for delegate from the District of Columbia (1) In general Sections 202 and 204 of the District of Columbia Delegate Act ( Public Law 91–405 ; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (2) Conforming amendments to Federal law (A) Congress (i) Section 26 of the Revised Statutes of the United States ( 2 U.S.C. 8 ) is amended— (I) in subsection (a), by striking , District, ; and (II) in subsection (b)(6)— (aa) in the heading, by striking District of Columbia and ; and (bb) in subparagraph (B), by striking the District of Columbia, . (ii) Section 310(b) of the Legislative Branch Appropriations Act, 1991 ( 2 U.S.C. 30a(b) ) is amended by striking the District of Columbia, . (iii) Section 130(c) of the Joint Resolution entitled Joint Resolution making continuing appropriations for the fiscal year 1982, and for other purposes , approved October 1, 1981 ( 2 U.S.C. 4502 ), is amended by striking the District of Columbia, . (iv) Paragraph (2) of the second section of House Resolution 732, Ninety-fourth Congress, agreed to November 4, 1975, as enacted into permanent law by section 101 of the Legislative Branch Appropriation Act, 1977 ( 2 U.S.C. 4556 ) is amended by striking the District of Columbia, Guam, and inserting Guam . (B) Flag and seal, seat of government, and the States Section 113(b)(1) of title 4, United States Code, is amended by striking the District of Columbia, Guam, and inserting Guam . (C) Armed Forces Title 10, United States Code, is amended— (i) in section 7442— (I) in subsection (a)— (aa) by striking paragraph (5); and (bb) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively; (II) in subsection (d), by striking (9) and inserting (8) ; and (III) in subsection (f)— (aa) by striking (9) and (10) and inserting (8) and (9) ; and (bb) by striking the District of Columbia, ; (ii) in section 8454— (I) in subsection (a)— (aa) by striking paragraph (5); and (bb) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively; and (II) in subsection (d), by striking (9) and inserting (8) ; and (iii) in section 9442— (I) in subsection (a)— (aa) by striking paragraph (5); and (bb) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively; (II) in subsection (d), by striking (9) and inserting (8) ; and (III) in subsection (f)— (aa) by striking (9) and inserting (8) ; and (bb) by striking the District of Columbia, . (D) Crimes and criminal procedure Chapter 29 of title 18, United States Code, is amended— (i) in section 594, by striking Delegate from the District of Columbia, ; (ii) in section 595, by striking Delegate from the District of Columbia, ; and (iii) in section 611(a), by striking Delegate from the District of Columbia, . (E) Public printing and documents Section 906 of title 44, United States Code, is amended by striking the Delegate from the District of Columbia, . (F) Shipping Section 51302 of title 46, United States Code, is amended— (i) in subsection (b)(3), by striking the District of Columbia, ; and (ii) in subsection (c)— (I) by striking paragraph (2); and (II) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5). (G) Voting and elections Section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by striking the District of Columbia, Guam, each place it appears and inserting Guam . (3) Conforming Amendments to District of Columbia Election Code of 1955 The District of Columbia Election Code of 1955 is amended— (A) in section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives, ; (B) in section 2 (sec. 1–1001.02, D.C. Official Code)— (i) by striking paragraph (6); (ii) in paragraph (12), by striking (except the Delegate to Congress for the District of Columbia) ; and (iii) in paragraph (13), by striking the Delegate to Congress for the District of Columbia, ; (C) in section 8 (sec. 1–1001.08, D.C. Official Code)— (i) in the heading, by striking Delegate, ; (ii) by striking Delegate, each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), and (j)(3); and (iii) in subsection (k)(3), by striking Delegate, Mayor, and inserting Mayor ; (D) in section 10 (sec. 1–1001.10, D.C. Official Code)— (i) in subsection (a)(3), by striking subparagraph (A); and (ii) in subsection (d)— (I) in paragraph (1), by striking Delegate, each place it appears; (II) by striking paragraph (2); and (III) by redesignating paragraph (3) as paragraph (2); (E) in section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking Delegate to the House of Representatives, ; (F) in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, ; and (G) in section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking except the Delegate to the Congress from the District of Columbia . (4) Effective date The amendments made by this subsection shall take effect on the date on which the individual serving as the Delegate to the House of Representatives from the District of Columbia first serves as a member of the House of Representatives from the State of Maryland. 7. Effect on other laws No law or regulation in effect on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. 8. Proclamation regarding acceptance of retrocession by Maryland (a) Proclamation by President Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 3(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. (b) Report by Congressional Budget Office on Economic Impact (1) In general The Director of the Congressional Budget Office shall prepare a report analyzing the anticipated economic impact on the State of Maryland of the State's acceptance of the retrocession described in section 3(a), including the anticipated effect on the budgets of the State government and local governments, and shall submit the report to Congress and the governor of Maryland. (2) Delay in enactment of legislation The State of Maryland may not enact legislation accepting the retrocession described in section 3(a) until the expiration of the 1-year period that begins on the date on which the Director of the Congressional Budget Office submits the report prepared under paragraph (1) to the governor of Maryland. 9. Effective date This Act and the amendments made by this Act shall take effect on the earlier of— (1) the date on which the President issues a proclamation under section 8; or (2) the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution.
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II 117th CONGRESS 1st Session S. 1362 IN THE SENATE OF THE UNITED STATES April 26, 2021 Mr. Grassley (for himself, Mr. Casey , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for coverage under the Medicare program of pharmacist services.
1. Short title This Act may be cited as the Pharmacy and Medically Underserved Areas Enhancement Act . 2. Medicare coverage of pharmacist services (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (GG), by striking and at the end; (2) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (II) pharmacist services furnished by a pharmacist, as licensed by State law, individually or on behalf of a pharmacy provider— (i) which the pharmacist is legally authorized to perform in the State in which the individual performs such services; (ii) as would otherwise be covered under this part if furnished by a physician, or as an incident to a physician’s service; and (iii) in a setting located in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act), medically underserved area, or medically underserved population (as defined in section 330(b)(3) of such Act); . (b) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) by striking and (DD) and inserting (DD) ; and (2) by inserting before the semicolon at the end the following: and (EE) with respect to pharmacist services (as defined in section 1861(s)(2)(II)), the amounts paid shall be equal to 80 percent of the lesser of the actual charge or 85 percent of the fee schedule amount provided under section 1848 if such services had been furnished by a physician . (c) Effective date; Pharmacist specific codes (1) Effective date The amendments made by subsections (a) and (b) shall apply with respect to services furnished on or after January 1, 2022. (2) Pharmacist specific codes The Secretary of Health and Human Services shall develop pharmacist specific codes, as necessary, under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ).
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117-s-1363
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II 117th CONGRESS 1st Session S. 1363 IN THE SENATE OF THE UNITED STATES April 26, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit recipients of disaster recovery relief assistance from the Department of Housing and Urban Development from penalizing applicants that declined assistance from the Small Business Administration.
1. Short title This Act may be cited as the Disaster Assistance Simplification Act . 2. Duplication of benefits for disaster relief (a) Definitions In this section— (1) the term Administration means the Small Business Administration; and (2) the term Secretary means the Secretary of Housing and Urban Development. (b) Prohibitions With respect to a grant provided to a grantee under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.) related to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the Secretary and the grantee shall not— (1) take into consideration whether an applicant for assistance from the grantee applied and was approved for, but declined, assistance related to the major disaster from the Administration under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); or (2) reduce the amount provided to an applicant described in paragraph (1) by any amount that the applicant would have received from the Administration if the applicant had not declined the assistance. (c) Application Subsection (b) shall apply with respect to applicants for assistance from a grantee under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.) with respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) who applied for assistance from the Administration under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) related to the major disaster before, on, or after the date of enactment of this Act.
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117-s-1364
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II Calendar No. 50 117th CONGRESS 1st Session S. 1364 IN THE SENATE OF THE UNITED STATES April 26, 2021 Mr. Burr (for himself and Mr. Tillis ) introduced the following bill; which was read the first time April 27, 2021 Read the second time and placed on the calendar A BILL To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
1. Short title This Act may be cited as the Lumbee Tribe of North Carolina Recognition Act . 2. Federal recognition The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended— (1) by striking section 2; (2) in the first sentence of the first section, by striking That the Indians and inserting the following: 3. Designation of Lumbee Indians The Indians ; (3) in the preamble— (A) by inserting before the first undesignated clause the following: 1. Findings Congress finds that— ; (B) by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately; (C) by striking Whereas each place it appears; (D) by striking and after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and (E) in paragraph (4) (as so designated), by striking : Now, therefore, and inserting a period; (4) by moving the enacting clause so as to appear before section 1 (as so designated); (5) by striking the last sentence of section 3 (as designated by paragraph (2)); (6) by inserting before section 3 (as designated by paragraph (2)) the following: 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Tribe The term Tribe means the Lumbee Tribe of North Carolina or the Lumbee Indians of North Carolina. ; and (7) by adding at the end the following: 4. Federal recognition (a) In general Federal recognition is extended to the Tribe (as designated as petitioner number 65 by the Office of Federal Acknowledgment). (b) Applicability of laws All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Tribe and its members. (c) Petition for acknowledgment Notwithstanding section 3, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe (as determined under section 5(d)) may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. 5. Eligibility for Federal services (a) In general The Tribe and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes. (b) Service area For the purpose of the delivery of Federal services and benefits described in subsection (a), those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. (c) Determination of needs On verification by the Secretary of a tribal roll under subsection (d), the Secretary and the Secretary of Health and Human Services shall— (1) develop, in consultation with the Tribe, a determination of needs to provide the services for which members of the Tribe are eligible; and (2) after the tribal roll is verified, each submit to Congress a written statement of those needs. (d) Tribal roll (1) In general For purpose of the delivery of Federal services and benefits described in subsection (a), the tribal roll in effect on the date of enactment of this section shall, subject to verification by the Secretary, define the service population of the Tribe. (2) Verification limitation and deadline The verification by the Secretary under paragraph (1) shall— (A) be limited to confirming documentary proof of compliance with the membership criteria set out in the constitution of the Tribe adopted on November 16, 2001; and (B) be completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Tribe to the Secretary. 6. Authorization to take land into trust (a) In general Notwithstanding any other provision of law, the Secretary is hereby authorized to take land into trust for the benefit of the Tribe. (b) Treatment of certain land An application to take into trust land located within Robeson County, North Carolina, under this section shall be treated by the Secretary as an on reservation trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation). 7. Jurisdiction of State of North Carolina (a) In general With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Tribe, or any dependent Indian community of the Tribe, the State of North Carolina shall exercise jurisdiction over— (1) all criminal offenses that are committed; and (2) all civil actions that arise. (b) Transfer of jurisdiction (1) In general Subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Tribe pursuant to an agreement between the Tribe and the State of North Carolina. (2) Restriction A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph. (c) Effect Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1919 ). 8. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. 9. Short title This Act may be cited as the Lumbee Tribe of North Carolina Recognition Act . .
April 27, 2021 Read the second time and placed on the calendar
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II 117th CONGRESS 1st Session S. 1365 IN THE SENATE OF THE UNITED STATES April 26, 2021 Ms. Warren (for herself, Ms. Smith , Mr. King , Mr. Markey , Ms. Cortez Masto , Mr. Merkley , Ms. Hirono , Ms. Klobuchar , Mr. Sanders , Mr. Schatz , Mr. Peters , Mr. Wyden , Ms. Baldwin , Mr. Booker , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to establish a new Tribal priority window for the 2.5 gigahertz band, and for other purposes.
1. Short title This Act may be cited as the Extending Tribal Broadband Priority Act of 2021 . 2. Establishment of new 2.5 GHz Tribal priority window (a) Commission defined In this section, the term Commission means the Federal Communications Commission. (b) New Tribal priority window The Commission shall— (1) not later than 30 days after the date of enactment of this Act, establish a new Tribal priority window for the 2.5 gigahertz band, under the same terms and conditions as the Tribal priority window established in the Report and Order in the matter of Transforming the 2.5 GHz Band adopted by the Commission on July 10, 2019 (FCC 19–62), for any portions of the band— (A) that remain available for assignment in accordance with that Report and Order; and (B) for which the Commission did not receive an application during the Tribal priority window established in that Report and Order; and (2) accept applications in the new window established under paragraph (1) during the period that— (A) begins on the date on which the window is established; and (B) ends on the date that is 180 days after the date on which the window is established, or such later date as the Commission considers appropriate. (c) Exception from certain procedural requirements To the extent that the Commission determines that section 553 of title 5, United States Code, chapter 6 of that title (commonly known as the Regulatory Flexibility Act ), subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), or any other provision of law would prevent the Commission from establishing the new Tribal priority window by the date required under paragraph (1) of subsection (b) or from beginning to accept applications in that window as required under paragraph (2)(A) of that subsection, that provision shall not apply to any action taken by the Commission, or any rule or order issued by the Commission, to establish that window or to begin accepting applications in that window (as the case may be).
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II 117th CONGRESS 1st Session S. 1366 IN THE SENATE OF THE UNITED STATES April 26, 2021 Ms. Warren (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To secure the supply of drugs in the United States, and for other purposes.
1. Short title This Act may be cited as the Pharmaceutical Supply Chain Defense and Enhancement Act . 2. Listing of critical drugs (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Commissioner of Food and Drugs and in consultation with the Secretary of Defense, shall develop a confidential list of drugs such Secretary determines to be critical to the public health or national security. Such list shall include the name of each such drug, as well as all active pharmaceutical ingredients and starting materials required for the manufacture of the drug. In developing the list, the Secretary may consider the role of shortages in impeding access to drugs. (b) Updates The Secretary shall update the list described in subsection (a) not less frequently than once every 2 years. (c) Submission of list The Secretary shall submit the list described in subsection (a), including any updates to such list under subsection (b), as a classified matter, to the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate, and to the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives. (d) Interim list During the period between the date of enactment of this Act and the date on which the Secretary issues the first list under subsection (a), the Secretary, in consultation with the Commissioner of Food and Drugs, the Secretary of Defense, and the Assistant Secretary for Preparedness and Response, shall establish an interim list of drugs that will be deemed the list under subsection (a) until the Secretary develops the first list under subsection (a). Such interim list shall include not fewer than 30 drugs, as well as the active pharmaceutical ingredients and starting materials required for the manufacture of such drugs, that are— (1) included on the most recent list of essential medicines issued by the World Health Organization; or (2) countermeasures and products that could replenish the strategic national stockpile. (e) Comment period Not later than 60 days prior to the submission of the list described in subsection (a), the Secretary shall establish a comment period during which the public may comment on which drugs should be included on the list under subsection (a). 3. Boosting domestic drug and active ingredient manufacturing capacity (a) In general The Secretary, acting through the Director of the Biomedical Advanced Research and Development Authority, shall increase the domestic capacity to manufacture active pharmaceutical ingredients and starting materials for drugs critical to the public health and national security by entering into the contracts described in subsection (b). (b) Contracts (1) In general To carry out subsection (a), the Secretary shall enter into contracts, not later than 6 months after the date of enactment of this Act, as follows: (A) The Secretary shall enter into contracts with companies and nonprofit entities headquartered in the United States, under which such companies use manufacturing establishments located in the United States to manufacture the drugs included on the list under section 2, and the requisite active pharmaceutical ingredients and starting materials of such drugs, using advanced manufacturing, including continuous manufacturing where applicable. (B) As a condition for entering into contracts with the Secretary to manufacture drugs, companies and nonprofit entities shall— (i) develop and maintain a redundancy risk management and continuity of business plan (reviewed and approved by the Secretary) that identifies and evaluates risks to the supply of the drug, as applicable, for each establishment in which such drug, and the requisite active pharmaceutical ingredients and starting materials of such drug, is manufactured; (ii) commit to implementing, as appropriate, risk management and other strategies to ensure that, in the case of potential supply chain disruptions, the entity can continue normal production of the drug, and the requisite active pharmaceutical ingredients and starting materials of such drug, for 18 months; (iii) commit to maintaining, to the extent practicable (as determined by the Secretary) for each drug, and the requisite active pharmaceutical ingredients and starting materials of such drug, a 3-month supply in order to mitigate the impact of supply chain disruptions and shortages; (iv) commit to selling drugs, or the requisite active pharmaceutical ingredients and starting materials of such drugs, developed under contract with the Secretary at fair and reasonable prices, as determined by the Secretary, taking into consideration— (I) the impact of price on patient access to the drug; (II) the cost of the drug to Federal or State health programs; (III) the cost of manufacturing the drug; and (IV) the impact of price on market competition for the drug; and (v) commit to making the prices described in clause (iv) public. (C) The contracts described in this paragraph shall contain continuity of business agreements demonstrating, in advance of receiving a contract, the company’s ability to rapidly begin production. (D) The Secretary shall enter into contracts only with companies headquartered in the United States that use manufacturing establishments located in the United States, under which such companies expand the capabilities of continuous manufacturing and other advanced manufacturing for the production of the active pharmaceutical ingredients and starting materials for the drugs included on the list under section 2. (E) In issuing contracts under this section, the Secretary shall prioritize— (i) contracts designed to enhance the supply of generic drugs and biosimilar biological products and the requisite active pharmaceutical ingredients and starting materials of such generic drugs and biosimilar products; and (ii) contracts designed to enhance the supply of drugs, and the requisite active pharmaceutical ingredients and starting materials of such drugs, that are not currently manufactured in the United States. (2) Inspector General review The Inspector General of the Department of Health and Human Services shall conduct a review of not fewer than 1 of every 3 contracts entered into under this section, and of the entities entering into such contracts, to ensure that contracts are being issued under fair and reasonable terms and conditions, including facilitating the procurement by the Federal Government of applicable products under section 2 and applicable drugs, biological products, and medical devices at fair and reasonable prices. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. (3) Funding To carry out this section, there are authorized to be appropriated $5,000,000,000 for the period of fiscal years 2021 and 2025. Not later than April 1, 2025, the Secretary shall report to the congressional committees listed under section 2(c) of this Act, and provide a recommendation for renewal of funding under this paragraph. (c) Federal procurement of domestically manufactured drugs (1) Procurement of drugs (A) In general Beginning in fiscal year 2025, when purchasing any drug included on the list under section 2, the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the Bureau of Prisons, and, for purposes of maintaining the strategic national stockpile, the Secretary of Health and Human Services, shall give priority to supplies of the drug manufactured in the United States (including all active pharmaceutical ingredient and starting materials of the drug) that is of high quality. (B) Use of remaining funds In the case that a Federal agency described in this paragraph that, after purchasing all drugs on the list under section 2 needed by such agency for a fiscal year, has funds appropriated under paragraph (2) for that fiscal year remaining, such Federal agency may use the remaining funds to purchase drugs wholly manufactured in the United States that are not included on the list under section 2. (2) Funding (A) In general There are authorized to be appropriated to each of the Secretary of Defense, the Secretary of Veterans Affairs, the Bureau of Prisons, and the Secretary of Health and Human Services, $1,000,000,000 for the period of fiscal years 2025 and 2029, to be used to purchase drugs manufactured in the United States, as described in paragraph (1). (B) Reversion All funds that are appropriated under this paragraph for a fiscal year, but not expended by the end of the fiscal year, shall revert to the General Fund of the Treasury. (C) No diversion or transfer of funds No funding appropriated under this section shall be diverted, transferred, or otherwise made available for purposes beyond what is described in this Act. (3) NIH authorization There are authorized to be appropriated to the Director of the National Institutes of Health, for each fiscal year for which amounts are appropriated under paragraph (2) but not expended in full, an amount equal to the amount that reverts to the Treasury for such year, as described in paragraph (2). Such amounts shall be used by the Director of the National Institutes of Health to carry out biomedical research. 4. Supply chain transparency (a) Domestic suppliers to Federal programs Each domestic manufacturer of a drug that supplies such drug to the Department of Defense, the Department of Veterans Affairs, the Department of Health and Human Services, or the Bureau of Prisons, or a domestic manufacturer of an active ingredient of a drug so supplied, shall— (1) report annually to the Secretary and the agency receiving such drug on— (A) whether any ingredients of such drug is sourced, either wholly or in part, from a foreign country; (B) in the case of an active pharmaceutical ingredient or key starting material that the manufacturer procures from a single source in a single foreign country, as applicable— (i) not less than 2 alternative sources of any active pharmaceutical ingredient or key starting material; (ii) 1 such alternative source, if only 1 such alternative source is available; or (iii) a statement that no such alternative sources are available; and (C) an assessment of the resilience and capacity of the alternate sources identified under subparagraph (B); and (2) develop continuity of business plans to prevent the disruption of any drug listed under section 2, including any active or inactive ingredients of such drug, which the Secretary may audit. (b) Foreign drug suppliers (1) Establishments in a foreign country Section 510(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(i) ) is amended by inserting at the end the following: (5) The requirements of paragraphs (1) and (2) shall apply to establishments within a foreign country engaged in the manufacture, preparation, propagation, compounding, or processing of any drug that is required to be listed pursuant to subsection (j), or of any active pharmaceutical ingredient of such a drug. Such requirements shall apply regardless of whether the drug or active pharmaceutical ingredient undergoes further manufacture, preparation, propagation, compounding, or processing at a separate establishment or establishments outside the United States prior to being imported or offered for import into the United States. . (2) Listing of drugs Section 510(j)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(j)(1) ) is amended— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) in the case of a drug contained in the applicable list, a certification that the registrant has— (i) identified every other establishment where manufacturing is performed for the drug by the registrant; and (ii) notified each known foreign establishment engaged in the manufacture, preparation, propagation, compounding, or processing of the drug or the active pharmaceutical ingredient of the drug of the inclusion of the drug in the list and the obligation to register pursuant to subsection (i)(5). . (c) Reports to Congress and the public (1) Classified report to Congress Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary, in consultation with the Secretary of Defense, shall submit a classified report to Congress on the Nation’s reliance on importation of active and inactive ingredients of drugs included on the list under section 2. (2) Public reports Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary, in consultation with the Secretary of Defense, shall prepare an unclassified summary of the report described in paragraph (1), and shall make such summary publicly available on the internet websites of the Department of Health and Human Services and the Department of Defense for purposes of understanding the Nation’s dependency on foreign manufacturers of drugs. Such summaries shall not include the names of any drugs, active pharmaceutical ingredients, or starting materials. (3) Content The reports under paragraph (1) shall include— (A) all brand name and generic drugs, and the active and inactive ingredients of such drugs that— (i) are not wholly produced in the United States; (ii) are exclusively produced, or utilize active or inactive ingredients produced abroad; (iii) are critical to the public health and national security of the people of the United States, as determined by the Secretary, in consultation with the Secretary of Defense, and including any drugs included in the list under section 2; or (iv) are procured in any quantity by the Department of Defense for use by service members or veterans or by the Department of Health and Human Services for the strategic national stockpile; (B) a list of potential, alternative sources for any finished drug or active or inactive ingredient of a drug, that is sourced from a single manufacturer with establishments in the United States; and (C) assess the resiliency and capacity of alternative sources of any drug described in subparagraph (A), and whether any such alternative source could be relied on to support domestic demand for such drug. (d) Manufacturer compliance (1) Failure to notify of a permanent discontinuance or an interruption Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (fff) The failure of a manufacturer of a drug described in section 506C(a), or an active pharmaceutical ingredient of such a drug, to notify the Secretary of a permanent discontinuance or an interruption, and the reasons for such discontinuance or interruption, as required by section 506C. . (2) Exemption from penalty Section 303(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(c) ) is amended by inserting before the period at the end the following: or (6) for having violated section 301(fff) if such person made a good faith determination that the discontinuance or interruption was not likely to lead to a meaningful disruption in the supply of that drug in the United States . (e) Registry of active ingredients There is authorized to be appropriated to the Secretary of Health and Human Services $20,000,000 for fiscal year 2022, for purposes of establishing, in consultation with the Commissioner of Food and Drugs, an online registry of active pharmaceutical ingredients and key starting materials using information reported under subsection (a) and pursuant to a registration under section 510(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(i) ). (f) Food and Drug Administration inspections There are authorized to be appropriated such funds as may be necessary to ensure that the Commissioner of Food and Drugs is able to conduct inspections and evaluations of new establishments established using funds made available under this Act. 5. Oversight of foreign pharmaceutical investment (a) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Federal Trade Commission, in consultation with the Secretary of the Treasury acting through the Committee on Foreign Investment in the United States (referred to in this section as the Committee ), shall submit to the appropriate congressional committees, the Secretary of Health and Human Services, and the Commissioner of Food and Drugs, a report on foreign investment in the pharmaceutical industry of the United States. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of— (A) the supply chain of the pharmaceutical industry of the United States and the effect of concentration and reliance on foreign manufacturing within that industry; (B) the effect of foreign investment in the pharmaceutical industry of the United States on domestic capacity to produce drugs and active and inactive ingredients of drugs; and (C) the effect of foreign investment in technologies or other products for sequencing or storage of DNA, including genome and exome analysis, in the United States, including the effect of such investment on the capacity to sequence or store DNA in the United States. (2) The number of reviews and investigations conducted by the Committee, in each of the 10 fiscal years preceding the year in which the study is conducted, with respect to covered transactions (as defined in section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ))— (A) in the pharmaceutical industry of the United States; or (B) relating to the sequencing or storage of DNA in the United States. (3) A short description of each such review or investigation, including whether the transaction was approved or prohibited. (c) Authority The Federal Trade Commission shall have authority under section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) to conduct the studies required to prepare the report required by subsection (a). (d) Publication The Federal Trade Commission shall publish an unclassified summary of the report required by subsection (a) on a publicly available internet website of the Commission. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 6. Definitions In this Act— (1) advanced manufacturing means an approach for the manufacturing of pharmaceuticals that incorporates novel technology, or uses an established technique or technology in a new or innovative way (such as continuous manufacturing where the input materials are continuously transformed within the process by 2 or more unit operations), that enhances drug quality or improves the manufacturing process; (2) the term continuous manufacturing — (A) means a process where the input materials are continuously fed into and transformed within the process, and the processed output materials are continuously removed from the system; and (B) consists of an integrated process that consists of a series of 2 or more unit operations; (3) the term drug has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g) ); (4) the term Secretary , unless otherwise specified, means the Secretary of Health and Human Services; (5) the term starting material means a raw material, intermediate, or a drug substance that is used in the production of a drug substance and that is incorporated as a significant structural fragment into the structure of the drug substance; and (6) the term strategic national stockpile means the stockpile maintained by the Secretary under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ).
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II 117th CONGRESS 1st Session S. 1367 IN THE SENATE OF THE UNITED STATES April 26, 2021 Ms. Warren (for herself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require a report on foreign investment in the pharmaceutical industry of the United States.
1. Short title This Act may be cited as the United States Pharmaceutical Supply Chain Review Act . 2. Report on foreign investment in pharmaceutical industry (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Federal Trade Commission, in consultation with the Secretary of the Treasury acting through the Committee on Foreign Investment in the United States (in this section referred to as the Committee ), shall submit to the appropriate congressional committees, the Secretary of Health and Human Services, and the Commissioner of Food and Drugs, a report on foreign investment in the pharmaceutical industry of the United States. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of— (A) the supply chain of the pharmaceutical industry of the United States and the effect of concentration and reliance on foreign manufacturing within that industry; (B) the effect of foreign investment in the pharmaceutical industry of the United States on domestic capacity to produce drugs and active and inactive ingredients of drugs; and (C) the effect of foreign investment in technologies or other products for sequencing or storage of DNA, including genome and exome analysis, in the United States, including the effect of such investment on the capacity to sequence or store DNA in the United States. (2) The number of reviews and investigations conducted by the Committee, in each of the 10 fiscal years preceding the year in which the study is conducted, with respect to covered transactions (as defined in section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ))— (A) in the pharmaceutical industry of the United States; or (B) relating to the sequencing or storage of DNA in the United States. (3) A short description of each such review or investigation, including whether the transaction was approved or prohibited. (c) Authority The Federal Trade Commission shall have authority under section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) to conduct the studies required to prepare the report required by subsection (a). (d) Publication The Federal Trade Commission shall publish an unclassified summary of the report required by subsection (a) on a publicly available internet website of the Commission. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
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II 117th CONGRESS 1st Session S. 1368 IN THE SENATE OF THE UNITED STATES April 26, 2021 Ms. Warren (for herself, Mr. Markey , Mrs. Gillibrand , Mr. Sanders , Ms. Hirono , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To make housing more affordable, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the American Housing and Economic Mobility Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Making housing more affordable Sec. 101. Local housing innovation grants. Sec. 102. Investing in affordable housing infrastructure. Sec. 103. Conditions for the sale of real estate-owned properties and non-performing loans. TITLE II—Taking the first steps to reverse the legacy of housing discrimination and government negligence Sec. 201. Down payment assistance program for communities formerly segregated by law. Sec. 202. Formula grant program for communities with an appraisal gap. Sec. 203. Strengthening the Community Reinvestment Act of 1977. Sec. 204. Amendments relating to credit union service to underserved areas. Sec. 205. Eligibility of certain direct descendants of certain veterans for housing loans guaranteed by the Secretary of Veterans Affairs. TITLE III—Removing barriers that isolate communities Sec. 301. Expanding rights under the Fair Housing Act. Sec. 302. Improving outcomes in housing assistance programs. TITLE IV—Estate tax reform Sec. 401. Amendment to Internal Revenue Code of 1986. Sec. 402. Rate adjustment. Sec. 403. Required minimum 10-year term, etc., for grantor retained annuity trusts. Sec. 404. Certain transfer tax rules applicable to grantor trusts. Sec. 405. Elimination of generation-skipping transfer tax exemption for certain trusts. Sec. 406. Simplifying gift tax exclusion for annual gifts. TITLE V—Accessibility requirements Sec. 501. Accessibility requirements. I Making housing more affordable 101. Local housing innovation grants (a) Definitions In this section: (1) Elementary school; secondary school The terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Eligible entity The term eligible entity means— (A) a State; or (B) a unit of general local government. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Metropolitan area; State; unit of general local government The terms metropolitan area , State , and unit of general local government have the meanings given those terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to make grants to eligible entities that— (1) reform local land use restrictions to bring down the costs of producing affordable housing; and (2) remove unnecessary barriers to building affordable units in their communities. (c) Eligible activities An eligible entity receiving a grant under this section may use funds to— (1) carry out any of the activities described in section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ); (2) carry out any of the activities permitted under the program for national infrastructure investments (commonly known as the Better Utilizing Investments to Leverage Development (BUILD) discretionary grant program ) authorized under the heading National infrastructure investments under the heading Office of the Secretary in title I of division L of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 972) or a subsequent appropriations Act; or (3) modernize, renovate, or repair facilities used by public elementary schools, public secondary schools, and public institutions of higher education, including modernization, renovation, and repairs that— (A) promote physical, sensory, and environmental accessibility; and (B) are consistent with a recognized green building rating system. (d) Application (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application that demonstrates that the eligible entity has carried out, or is in the process of carrying out, initiatives that facilitate the expansion of the supply of well-located affordable housing. (2) Activities Initiatives that meet the criteria described in paragraph (1)— (A) include— (i) establishing by-right development, which allows jurisdictions to administratively approve new developments that are consistent with their zoning code; (ii) revising or eliminating off-street parking requirements to reduce the cost of housing production; (iii) instituting measures that incentivize owners of vacant land to redevelop the space into affordable housing or other productive uses; (iv) revising minimum lot size requirements and bans or limits on multifamily construction to allow for denser and more affordable development; (v) instituting incentives to promote dense development, such as density bonuses; (vi) passing inclusionary zoning ordinances that require a portion of newly developed units to be reserved for low- and moderate-income renters or homebuyers; (vii) streamlining regulatory requirements and shortening processes, reforming zoning codes, or other initiatives that reduce barriers to housing supply elasticity and affordability; (viii) allowing accessory dwelling units; (ix) using local tax incentives to promote development of affordable housing; and (x) implementing measures that protect tenants from harassment and displacement, including— (I) providing access to counsel for tenants facing eviction; (II) the prohibition of eviction except for just cause; (III) measures intended to prevent or mitigate sudden increases in rents; (IV) the repeal of laws that prevent localities from implementing a measure described in subclause (I), (II), or (III); (V) protections against constructive eviction; (VI) tenant right-to-organize laws; (VII) a cause of action for tenants to sue landlords who threaten or begin an illegal eviction; and (VIII) landlord-tenant mediation or other non-eviction diversion programs; and (B) do not include activities that alter ordinances that govern wage and hour laws, family and medical leave laws, health and safety requirements, prevailing wage laws, or protections for workers' health and safety, anti-discrimination, and right to organize. (3) Relation to consolidated plan An eligible entity shall include in an application submitted under paragraph (1) a description of how the planning and development of eligible activities described in subsection (c) may advance an objective, or an aspect of an objective, included in the comprehensive housing affordability strategy and community development plan of the eligible entity under part 91 of title 24, Code of Federal Regulations, or any successor regulation (commonly referred to as a consolidated plan ). (e) Labor laws (1) In general All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with a grant received under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). (2) Authority and functions With respect to the labor standards specified in paragraph (1), 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. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000,000 for each of fiscal years 2022 through 2026. 102. Investing in affordable housing infrastructure (a) Housing Trust Fund Section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ) is amended by adding at the end the following: (3) Authorization of appropriations There is authorized to be appropriated to the Housing Trust Fund $44,500,000,000 for each of fiscal years 2022 through 2031. . (b) Capital Magnet Fund Section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569 ) is amended by adding at the end the following: (k) Authorization of appropriations There is authorized to be appropriated to the Capital Magnet Fund $2,500,000,000 for each of fiscal years 2022 through 2031. . (c) Public housing capital fund Section 9(c)(2)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(c)(2)(A) ) is amended to read as follows: (A) Capital fund For allocations of assistance from the Capital Fund, $3,592,000,000 for fiscal year 2022. . (d) Indian housing block grant program Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 ) is amended— (1) by striking such sums as may be necessary for each of fiscal years 2009 through 2013 and inserting $2,500,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2031 ; and (2) by striking the second sentence. (e) Native Hawaiian housing block grant program Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 ) is amended by striking such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005 and inserting 20,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2031 . (f) Rural housing programs Out of funds in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2022— (1) to provide direct loans under section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ), $140,000,000; (2) to provide assistance under section 514 of such Act ( 42 U.S.C. 1484 ), $28,000,000; (3) to provide assistance under section 515 of such Act ( 42 U.S.C. 1485 ), $140,000,000; (4) to provide assistance under section 516 of such Act ( 42 U.S.C. 1486 ), $20,000,000; (5) to provide grants under section 523 of such Act ( 42 U.S.C. 1490c ), $75,000,000; and (6) to provide funding to carry out the Multifamily Preservation and Revitalization Demonstration Program of the Rural Housing Service (as authorized under sections 514, 515, and 516 of such Act ( 42 U.S.C. 1484 , 1485, 1486)), $120,000,000. (g) Middle Class Housing Emergency Fund (1) Definitions In this subsection— (A) the term affordable rental housing unit means a unit for which monthly rent is 30 percent or less than the monthly area median income; and (B) the term State has the meaning given the term in section 3(b)(7) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(7) ). (2) Establishment The Secretary of Housing and Urban Development shall establish and manage a fund, to be known as the Middle Class Housing Emergency Fund , which shall be funded with any amounts as may be appropriated, transferred, or credited to the Fund under any provision law. (3) Grants From amounts available in the fund established under paragraph (2), the Secretary of Housing and Urban Development shall award grants on a competitive basis to State housing finance agencies located in a State in which— (A) there is a shortage of affordable rental housing units available to individuals with an income that is at or below the area median income and median rents have risen on average over the preceding 5 years substantially faster than the area median income; or (B) there is a shortage of housing units available for sale that are affordable to individuals with an income that is at or below the area median income and median home prices have risen on average over the preceding 5 years substantially faster than the area median income. (4) Use of funds Grants received under this subsection shall be used to fund— (A) the construction or acquisition, by nonprofit organizations, State or local agencies, special-purpose units of local government, resident councils organized to acquire housing, and other qualified purchasers (as defined by the Secretary), of rental housing units or units for purchase that are affordable to residents making less than 120 percent of the area median income; and (B) measures to prevent tenant displacement and harassment, including— (i) the provision of legal advice and representation for tenants facing eviction; (ii) enforcement of anti-harassment laws; (iii) emergency rental assistance; and (iv) other measures as specified by the Secretary of Housing and Urban Development. (5) Labor laws (A) In general All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with a grant received under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). (B) Authority and functions 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. (6) Regulations The Secretary of Housing and Urban Development shall promulgate regulations to carry out this subsection that include— (A) the metrics that the Secretary will use to determine eligibility for a grant under this subsection; (B) a requirement that grantees and subgrantees consult with impacted communities in policymaking and planning for the construction or acquisition of housing units as described in paragraph 4(A); and (C) a requirement that all housing units constructed or acquired using grants awarded under the subsection are affordable to residents making less than 120 percent of the area median income in perpetuity. (7) Appropriations Out of funds in the Treasury not otherwise appropriated, there is appropriated to the fund established under this subsection $4,000,000,000 for fiscal year 2022. 103. Conditions for the sale of real estate-owned properties and non-performing loans (a) Findings Congress finds that— (1) the Federal Housing Administration, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation provide critical homeownership opportunities that greatly benefit individuals, families, and communities; and (2) it is the purpose of this section to— (A) preserve owner-occupied homes with mortgages insured by the Federal Housing Administration or purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation for continued use as owner-occupied homes; and (B) direct that, upon the sale of those properties or transfer of those mortgages, certain percentages of those properties are sold to low- and moderate-income homeowners. (b) Loans insured by the Federal Housing Administration Title II of the National Housing Act ( 12 U.S.C. 1707 et seq.) is amended by adding at the end the following: 259. Sale of real estate-owned properties (a) Definitions In this section— (1) the term Claim Without Conveyance of Title program means the program of the Federal Housing Administration carried out under section 203.368 of title 24, Code of Federal Regulations, or any successor regulation; and (2) the term community partner has the meaning given the term nonprofit organization in section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ( 12 U.S.C. 4119 ). (b) Requirement Not later than 1 year after the date of enactment of this section, the Secretary shall develop programs within the Federal Housing Administration to ensure that not less than 75 percent of the single-family residential properties conveyed to the Federal Housing Administration after foreclosure or conveyed to third parties under the Claim Without Conveyance of Title program are sold— (1) directly to an owner-occupant; or (2) to community partners that will— (A) rehabilitate or develop the property; and (B) sell the property to an owner-occupant. (c) Guidelines Not later than 1 year after the date of enactment of this section, the Secretary shall develop guidelines for the Claim Without Conveyance of Title program that provide an exclusive listing period during which only eligible Governmental Entities, HUD-approved Nonprofit Organizations, and Owner-Occupant Buyers may submit bids. (d) Anti-Predatory feature Unless the Secretary provides prior approval, the Secretary shall prohibit any purchaser of a real estate-owned property of the Federal Housing Administration from reselling the property within 15 years of purchase using a land installment contract or through any other mechanism that does not transfer title to the buyer at the time of sale. 260. Sale of non-performing loans (a) Definition In this section, the term community partner has the meaning given the term in section 259. (b) Restriction on sale or transfer Except as provided in this section, the Secretary may not sell or transfer any mortgage insured under this title that is secured by a single-family residential property (in this section referred to as a covered mortgage ). (c) Conditions for sale or transfer (1) In general The Secretary— (A) may sell or transfer a covered mortgage only if— (i) the capital level of the Fund is substantially below the capital ratio required under section 205(f)(2); (ii) the Secretary certifies that other reasonable measures are not available to restore the Fund to that capital ratio; and (iii) the Secretary complies with paragraph (2)(C), if applicable; and (B) may sell or transfer only such covered mortgages as are necessary to assist in restoration of that capital ratio. (2) Requirements for the Secretary (A) In general If the Secretary intends to sell or transfer a covered mortgage, the Secretary shall provide the current borrower and all owners of record of the property securing the covered mortgage, or require that the current borrower and owners of record be provided, a separate written notice of the intent to sell the covered mortgage that— (i) is mailed via certified and first class mail not less than 90 days before the date on which the loan is included in any proposed sale; and (ii) includes— (I) a description of the loss mitigation options of the Federal Housing Administration that are available to borrowers in financial distress and the obligation of servicers to consider borrowers in default for those options; (II) a description of the actions that the servicer of the loan has taken to review and implement those options for the borrower; and (III) a description of the procedures the borrower may use to contest with the Secretary the compliance by the servicer with that obligation. (B) Judicial review The determination of the Secretary to authorize the sale of a mortgage insured under this title shall be reviewable under chapter 7 of title 5, United States Code, for abuse of discretion and arbitrary and capricious agency action. (C) Auctions The Secretary may not sell any covered mortgage through any type of non-performing loan sale auction program until the Secretary issues rules, through the notice and comment rule making procedures under section 553 of title 5, United States Code, that address essential aspects of any non-performing loan sale program, including— (i) the method of selection of loans for sale; (ii) notice to borrowers prior to inclusion of the loan in a sale; and (iii) review of loss mitigation status prior to the sale, selection of eligible bidders, loss mitigation guidelines applicable to loan purchasers, and reporting requirements for purchasers. (3) Certification requirement for lenders and servicers (A) Certification As a condition to payment of an insurance claim under this title in connection with any non-performing loan sale, the lender or servicer of the loan shall provide the Secretary and the borrower with written certification of the loss mitigation review contained in the FHA Single Family Housing Policy Handbook 4000.1, or any successor handbook. (B) False statements (i) In general Any false statement provided in a certification described in subparagraph (A) shall be a basis for— (I) recovery by the Secretary of any amounts paid under the insurance claim and any other penalties and sanctions authorized under Federal law; and (II) a private right of action by the borrower against the lender and servicer, with remedies to include compensatory and punitive damages and an assessment of costs and attorney's fees. (ii) Transfers Unless a bona fide purchaser has acquired title to the property as a primary residence— (I) a certification described in subparagraph (A) that contains a false statement shall be a basis for revoking the transfer of the property; and (II) the pre-sale lender and servicer of the property shall— (aa) resume servicing the loan as a loan insured under this title; and (bb) reimburse the Secretary for any insurance claim paid and all costs related to the sale of the property. (4) Requirements for purchasers (A) In general Each purchaser of a covered mortgage shall offer the borrower on the covered mortgage— (i) appropriate loss mitigation options, including affordable and sustainable loan modifications; and (ii) the opportunity for a short sale or a deed in lieu of foreclosure. (B) Loss mitigation options The specific formula, calculations, waterfall steps, and other terms for appropriate loss mitigation options described in subparagraph (A) shall be published by the Secretary, made available to the public, and included in a written notice given to borrowers before any acceleration or foreclosure is initiated after a loan sale. (5) Requirements for transferees With respect to a transferee, including any subsequent transferee, of a covered mortgage that is sold under this title— (A) the transferee shall certify in writing to the Secretary that the transferee will comply with the provisions of this section in the marketing and transfer of any property received in the disposition of any transferred loan; (B) the transferee shall provide to the Secretary records documenting that the transfers of those properties are in compliance with this section; and (C) the failure of the Secretary or the transferee to comply with the requirements under this section for a loan in default shall be a defense to foreclosure, and a transferee may not execute a foreclosure judgment or order of sale, or conduct a foreclosure sale, until the transferee has complied with all requirements under this section. (d) Limitations With respect to covered mortgages that are sold under this title and foreclosed upon by the buyer, not less than 90 percent of the properties that are the subject of the covered mortgages in an auction shall be— (1) sold to owner-occupants; (2) operated or transferred to an entity that will operate the property as affordable rental housing for households below 80 percent of the area median income for a period of not less than 15 years; or (3) transferred or donated to a nonprofit agency that is certified by the Secretary and will redevelop the property for owner occupancy or affordable rental housing. (e) Prioritization of sales The Secretary shall implement policies, procedures, and controls to— (1) identify and recruit community partners; (2) engage in consultations with community partners before the sale of a pool of covered mortgages under this title to determine whether that sale can be designed to meet the specific needs of the communities served by the community partners; and (3) prioritize the sale of pools of single-family mortgages to community partners by— (A) designing pools of covered mortgages for direct sale to a community partner, the price of which shall be set by the Secretary based on a pricing model that considers— (i) the current fair market value of the properties; and (ii) the potential impact of foreclosures on those properties to the value of other homes that secure mortgages insured under this title in the same census tract; or (B) in the case of an auction, if the winning bid is not from a community partner, permitting any community partner that bid during that same auction to have a final opportunity to enter a higher bid on the pool. . (c) Fannie Mae Section 302 of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717 ) is amended by adding at the end the following: (d) (1) The corporation may not sell or transfer any mortgage that is secured by a single-family residential property (in this subsection referred to as a covered mortgage ) under this section unless the requirements of this subsection are met. (2) (A) If the corporation intends to sell or transfer a covered mortgage, the corporation shall provide the current borrower and all owners of record of the property securing the covered mortgage, or require that the current borrower and owners of record be provided, a separate written notice of the intent to sell the covered mortgage that— (i) is mailed via certified and first class mail not less than 90 days before the date on which the loan is included in any proposed sale; and (ii) includes— (I) a description of the loss mitigation options of the corporation that are available to borrowers in financial distress and the obligation of servicers to consider borrowers in default for those options; (II) a description of the actions that the servicer of the loan has taken to review and implement those options for the borrower; and (III) a description of the procedures the borrower may use to contest with the corporation the compliance by the servicer with that obligation. (B) The corporation may not sell any covered mortgage through any type of non-performing loan sale auction program until the corporation issues rules, through the notice and comment rule making procedures under section 553 of title 5, United States Code, that address essential aspects of any non-performing loan sale program, including— (i) the method of selection of loans for sale; (ii) notice to borrowers prior to inclusion of the loan in a sale; and (iii) review of loss mitigation status prior to the sale, selection of eligible bidders, loss mitigation guidelines applicable to loan purchasers, and reporting requirements for purchasers. (3) (A) Each purchaser of a covered mortgage shall offer the borrower on the covered mortgage— (i) appropriate loss mitigation options, including affordable and sustainable loan modifications; and (ii) the opportunity for a short sale or a deed in lieu of foreclosure. (B) The specific formula, calculations, waterfall steps, and other terms for appropriate loss mitigation options described in subparagraph (A) shall be published by the corporation, made available to the public, and included in a written notice given to borrowers before any acceleration or foreclosure is initiated after a loan sale. (4) With respect to a transferee, including any subsequent transferee, of a covered mortgage that is sold by the corporation under this section— (A) the transferee shall certify in writing to the corporation that the transferee will comply with the provisions of this subsection in the marketing and transfer of any property received in the disposition of any transferred loan; (B) the transferee shall provide to the corporation records documenting that the transfers of those properties are in compliance with this subsection; and (C) the failure of the corporation or the transferee to comply with the requirements under this subsection for a loan in default shall be a defense to foreclosure, and a transferee may not execute a foreclosure judgment or order of sale, or conduct a foreclosure sale, until the transferee has complied with all requirements under this subsection. (5) With respect to covered mortgages that are sold by the corporation under this section and foreclosed upon by the buyer, not less than 90 percent of the properties that are the subject of the covered mortgages in an auction shall be— (A) sold to owner-occupants; (B) operated or transferred to an entity that will operate the property as affordable rental housing for households below 80 percent of the area median income for a period of not less than 15 years; or (C) transferred or donated to a nonprofit agency that is certified by the corporation and will redevelop the property for owner occupancy or affordable rental housing. (6) The corporation shall implement policies, procedures, and controls to— (A) identify and recruit community partners; (B) engage in consultations with community partners before the sale of a pool of covered mortgages under this section to determine whether that sale can be designed to meet the specific needs of the communities served by the community partners; and (C) prioritize the sale of pools of single-family mortgages to community partners by— (i) designing pools of covered mortgages for direct sale to a community partner, the price of which shall be set by the corporation based on a pricing model that considers— (I) the current fair market value of the properties; and (II) the potential impact of foreclosures on those properties to the value of other homes in the same census tract; or (ii) in the case of an auction, if the winning bid is not from a community partner, permitting any community partner that bid during that same auction to have a final opportunity to enter a higher bid on the pool. . (d) Freddie Mac Section 305 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454 ) is amended by adding at the end the following: (e) (1) The Corporation may not sell or transfer any mortgage that is secured by a single-family residential property (in this subsection referred to as a covered mortgage ) under this section unless the requirements of this subsection are met. (2) (A) If the Corporation intends to sell or transfer a covered mortgage, the Corporation shall provide the current borrower and all owners of record of the property securing the covered mortgage, or require that the current borrower and owners of record be provided, a separate written notice of the intent to sell the covered mortgage that— (i) is mailed via certified and first class mail not less than 90 days before the date on which the loan is included in any proposed sale; and (ii) includes— (I) a description of the loss mitigation options of the Corporation that are available to borrowers in financial distress and the obligation of servicers to consider borrowers in default for those options; (II) a description of the actions that the servicer of the loan has taken to review and implement those options for the borrower; and (III) a description of the procedures the borrower may use to contest with the Corporation the compliance by the servicer with that obligation. (B) The Corporation may not sell any covered mortgage through any type of non-performing loan sale auction program until the Corporation issues rules, through the notice and comment rule making procedures under section 553 of title 5, United States Code, that address essential aspects of any non-performing loan sale program, including— (i) the method of selection of loans for sale; (ii) notice to borrowers prior to inclusion of the loan in a sale; and (iii) review of loss mitigation status prior to the sale, selection of eligible bidders, loss mitigation guidelines applicable to loan purchasers, and reporting requirements for purchasers. (3) (A) Each purchaser of a covered mortgage shall offer the borrower on the covered mortgage— (i) appropriate loss mitigation options, including affordable and sustainable loan modifications; and (ii) the opportunity for a short sale or a deed in lieu of foreclosure. (B) The specific formula, calculations, waterfall steps, and other terms for appropriate loss mitigation options described in subparagraph (A) shall be published by the Corporation, made available to the public, and included in a written notice given to borrowers before any acceleration or foreclosure is initiated after a loan sale. (4) With respect to a transferee, including any subsequent transferee, of a covered mortgage that is sold by the Corporation under this section— (A) the transferee shall certify in writing to the Corporation that the transferee will comply with the provisions of this subsection in the marketing and transfer of any property received in the disposition of any transferred loan; (B) the transferee shall provide to the Corporation records documenting that the transfers of those properties are in compliance with this subsection; and (C) the failure of the Corporation or the transferee to comply with the requirements under this subsection for a loan in default shall be a defense to foreclosure, and a transferee may not execute a foreclosure judgment or order of sale, or conduct a foreclosure sale, until the transferee has complied with all requirements under this subsection. (5) With respect to covered mortgages that are sold by the Corporation under this section and foreclosed upon by the buyer, not less than 90 percent of the properties that are the subject of the covered mortgages in an auction shall be— (A) sold to owner-occupants; (B) operated or transferred to an entity that will operate the property as affordable rental housing for households below 80 percent of the area median income for a period of not less than 15 years; or (C) transferred or donated to a nonprofit agency that is certified by the Corporation and will redevelop the property for owner occupancy or affordable rental housing. (6) The Corporation shall implement policies, procedures, and controls to— (A) identify and recruit community partners; (B) engage in consultations with community partners before the sale of a pool of covered mortgages under this section to determine whether that sale can be designed to meet the specific needs of the communities served by the community partners; and (C) prioritize the sale of pools of single-family mortgages to community partners by— (i) designing pools of covered mortgages for direct sale to a community partner, the price of which shall be set by the Corporation based on a pricing model that considers— (I) the current fair market value of the properties; and (II) the potential impact of foreclosures on those properties to the value of other homes in the same census tract; or (ii) in the case of an auction, if the winning bid is not from a community partner, permitting any community partner that bid during that same auction to have a final opportunity to enter a higher bid on the pool. . II Taking the first steps to reverse the legacy of housing discrimination and government negligence 201. Down payment assistance program for communities formerly segregated by law (a) Findings Congress finds the following: (1) For generations, buying a home has been the primary way working families build wealth. (2) A home is not only a place to live, but also an asset that may appreciate, help fund a new business, finance an education, or cover retirement expenses. A home provides stability and financial predictability, which are important foundations for prosperity and access to opportunity for a family. (3) For decades, the Federal Government subsidized homeownership—for White families. Until the 1960s, the Federal Government systematically denied African Americans and other marginalized groups the ability to obtain mortgage credit, buy homes, and build wealth for their families while subsidizing the American dream for White families. (4) The Federal Government, through the Home Owners’ Loan Corporation and the Federal Housing Administration, standardized and institutionalized discriminatory policies on the basis of race, national origin, and religion that reflected practices in the private sector and became a model for their widespread adoption across the housing industry. (5) Racist restrictive covenants and zoning ordinances also robbed families of color of the opportunity to live and build opportunity for their families in the community of their choice. (6) In the years before the 2008 financial crisis, lenders targeted borrowers of color with abusive loans while government regulators sat on their hands, further extracting wealth from these same communities. (7) The legacy of housing discrimination and regulatory negligence is a contributor to a large and growing gap in wealth and outcomes between Black and White families. The typical White family has 8 times the wealth of the typical Black family. The gap between the White homeownership rate and the Black homeownership rate is bigger today than it was when housing discrimination was legal. Nearly 75 percent of formerly redlined communities are low- or moderate-income and 64 percent are still communities of color. (8) The purpose of this section is for the Federal Government to take the first step toward addressing the racial wealth gap that it contributed to creating by helping individuals or descendants of individuals who were harmed by housing discrimination or negligence by the Federal Government. (b) Definitions In this section: (1) Eligible resident The term eligible resident means a resident of a geographic area, as defined by the Secretary by regulation under subsection (h), who— (A) is a first-time homebuyer; (B) has an income that is less than 120 percent of the area median income; and (C) (i) resided in that geographic area throughout the 4-year period ending on the date of enactment of this Act; (ii) resided in that geographic area for a period of not less than 4 years before moving out of the geographic area subsequent to a foreclosure, short sale, or deed in lieu of foreclosure on a home that— (I) was the primary residence of the resident; and (II) was purchased or refinanced during the period beginning on January 1, 2001, and ending on December 31, 2008; or (iii) resided in that geographic area for a period of not less than 4 years before moving out of the geographic area due to a major disaster declared by the President or a State, territorial, or Tribal government. (2) First-time homebuyer The term first-time homebuyer means an individual (and if married, the spouse of the individual) who— (A) intends to purchase a property for use as a principal residence; and (B) during the 3-year period ending on the date of purchase of the property described in subparagraph (B)— (i) has had no ownership in a principal residence; or (ii) surrendered an ownership interest in a principal residence as part of a divorce proceeding. (3) Low-income community The term low-income community has the meaning given the term in section 45D of the Internal Revenue Code of 1986. (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. (c) Establishment There is established in the Treasury of the United States a fund that— (1) shall be administered by the Secretary, acting through the Office of Housing of the Department of Housing and Urban Development; and (2) shall be used— (A) to provide grants to eligible residents to purchase homes; (B) for outreach to financial institutions in targeted areas and eligible residents, including for the administration of that outreach; (C) for counseling or financial education administered by counseling agencies approved by the Secretary in order to ensure sustainable homeownership; (D) to create and maintain the database described in subsection (h)(3); and (E) to maintain any records required to implement this section. (d) Grant amount An eligible resident may receive a grant under subsection (c) in an amount equal to— (1) not more than 3.5 percent of the appraised value of the property to be purchased; or (2) if the appraised value of the property to be purchased exceeds the principal obligation amount limitation for mortgages insured under title II of the National Housing Act ( 12 U.S.C. 1707 et seq.), 3.5 percent of the maximum principal obligation limitation for the property to be purchased. (e) Relation to FHA loan An eligible resident shall not be required to obtain a mortgage that is insured under title II of the National Housing Act ( 12 U.S.C. 1707 et seq.) as a condition of receiving a grant under subsection (c). (f) Geographic area An eligible resident shall not be required to purchase a home within the geographic area described in subsection (b)(1)(C) as a condition of receiving a grant under subsection (c). (g) Layering of assistance Receipt by an eligible recipient of assistance for a down payment from a source other than the fund established under subsection (c), including assistance from the Federal Government, a State or local government, or any other public, private, or nonprofit source, shall not affect the eligibility of the eligible recipient for assistance under subsection (c). (h) Regulations and database Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) in consultation with interested parties, including housing counseling agencies approved by the Secretary and individuals or groups with expertise in fair housing, promulgate regulations relating to the use of the fund established under subsection (c), including defining the geographic areas in which residents are eligible to receive grants under subsection (c), which shall include— (A) census tracts graded as hazardous or definitely declining in maps drawn by the Home Owners' Loan Corporation that are, as of the date of enactment of this Act, low-income communities; (B) census tracts that were designated for non-White citizens in jurisdictions that historically had racially segregated zoning codes and are, as of the date of enactment of this Act, low-income communities; and (C) census tracts that are racially or ethnically concentrated areas of poverty, which shall mean a census tract— (i) with a non-White population of not less than 50 percent; and (ii) in which— (I) not less than 40 percent of families living in the census tract have incomes that are at or below the poverty line; or (II) the average tract poverty rate is 3 or more times the average tract poverty tract for the metropolitan or micropolitan area; (2) promulgate regulations relating to the disbursement of funds under this section to ensure that an eligible resident is able to receive funds before the closing date for the home of the eligible resident, which may include creating a program that allows a lender to be reimbursed by the fund established under subsection (c) if the lender— (A) provides an eligible resident with funds for the closing; or (B) allows an eligible resident to be preapproved to receive assistance under this section when arranging financing for the home of the eligible resident; (3) create a publicly accessible database that allows individuals, real estate professionals, and lenders to determine whether a borrower is eligible for assistance under this section; and (4) establish methods to verify that an individual is an eligible resident. (i) Appropriation Out of funds in the Treasury not otherwise appropriated, there is appropriated to the fund established under subsection (c) such sums as may be necessary for each of fiscal years 2022 through 2031 to carry out the activities under subsection (c)(2). (j) Inclusion of program in home buying information booklets Section 5(b) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604(b) ) is amended by inserting after paragraph (14) the following: (15) Information relating to the down payment assistance program established under section 201 of the American Housing and Economic Mobility Act of 2021 . . (k) Inclusion of program as mortgage product Section 203(f)(1) of the National Housing Act ( 12 U.S.C. 1709(f)(1) ) is amended by inserting , including the down payment assistance program established under section 201 of the American Housing and Economic Mobility Act of 2021 , after mortgage products . 202. Formula grant program for communities with an appraisal gap (a) Definitions In this section— (1) the term neighborhood with an appraisal gap means a census tract in which the median sales price of a dwelling unit is lower than the median cost to acquire and rehabilitate, or build, a new dwelling unit; (2) the term Secretary means the Secretary of Housing and Urban Development; and (3) the term State has the meaning given the term in section 3(b)(7) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(7) ). (b) Establishment The Secretary shall establish a formula grant program to provide funding to States to support neighborhoods with an appraisal gap, including borrowers with negative equity in their primary residence in those neighborhoods, through— (1) measures that provide funds to borrowers to— (A) pay down arrears on an otherwise affordable loan; (B) pay down arrears or principal on a loan in order to qualify for a loan modification that will allow the borrower to keep the home; (C) pay off, or pay down part of, a second mortgage or home equity line of credit; (D) pay off a small-dollar mortgage; (E) pay delinquent taxes and tax liens; (F) pay off delinquent water or sewer bills and liens; and (G) pay for home repairs or maintenance or for modifications to bring the home into compliance with any applicable codes; and (2) programs to purchase or rehabilitate vacant or distressed properties to enhance neighborhood property values. (c) Formula The Secretary shall distribute amounts under this section to States based on— (1) the number of borrowers with a primary residence with negative equity in each State; and (2) the share of neighborhoods with an appraisal gap in each State. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000,000 for fiscal year 2022. 203. Strengthening the Community Reinvestment Act of 1977 (a) Short title This section may be cited as the Community Reinvestment Reform Act of 2021 . (b) Amendments to the Community Reinvestment Act of 1977 The Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq.) is amended— (1) by striking sections 802 and 803 ( 12 U.S.C. 2901 , 2902) and inserting the following: 802. Findings and purpose (a) Findings Congress finds that— (1) regulated financial institutions are required by law to demonstrate that they serve the convenience and needs of the communities in which they are chartered or do business, in particular low- and moderate-income communities; (2) the convenience and needs of communities include the need for credit services, deposit services, transaction services, other financial services, and community development loans and investments; and (3) regulated financial institutions have a continuing and affirmative obligation to meet the credit or other financial needs of the local communities in which they are chartered or do business. (b) Purpose It is the purpose of this title to require each appropriate Federal financial supervisory agency to use its authority when examining regulated financial institutions to ensure that those institutions meet the credit and other financial needs of the local communities in which they are chartered or do business consistent with the safe and sound operation of those institutions. 803. Definitions In this title: (1) Application for a deposit facility The term application for a deposit facility means an application to the appropriate Federal financial supervisory agency otherwise required under Federal law or regulations thereunder for— (A) a charter for a national bank or Federal savings and loan association; (B) deposit insurance in connection with a newly chartered State bank, savings bank, savings and loan association, or similar institution; (C) the establishment of a domestic branch or other facility with the ability to accept deposits of a regulated financial institution; (D) the relocation of the home office or a branch office of a regulated financial institution; (E) the merger or consolidation with, the acquisition of the assets of, or the assumption of the liabilities of a regulated financial institution requiring approval under section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ); or (F) the acquisition of shares in, or the assets of, a regulated financial institution requiring approval under section 3 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842 ). (2) Appropriate Federal banking agency The term appropriate Federal banking agency has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (3) Appropriate Federal financial supervisory agency The term appropriate Federal financial supervisory agency means— (A) the appropriate Federal banking agency with respect to depository institutions and depository institution holding companies; and (B) the Bureau of Consumer Financial Protection with respect to any covered person supervised by the Bureau pursuant to section 1024 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5514 ). (4) Assessment area The term assessment area means, with respect to a regulated financial institution, each community, including a State, metropolitan area, or urban or rural county, in which the institution— (A) maintains deposit-taking branches, automated teller machines, or retail offices; (B) is represented by an agent; (C) issues a significant number of loans or other products relative to the total number of loans or other products made by the institution; (D) has issued not less than 75 percent of the loans of the institution; (E) has conducted not less than 75 percent of the business of the institution; or (F) has received not less than 75 percent of the deposits of the institution. (5) Community benefits plan The term community benefits plan means a plan that provides measurable goals for future amounts of safe and sound loans, investments, services, and other financial products for low- and moderate-income communities and other distressed or underserved communities. (6) Community development The term community development includes— (A) affordable housing for low- or moderate-income individuals and avoidance of patterns of lending resulting in the loss of affordable housing units; (B) community development services, including counseling and successful mortgage or loan modifications of delinquent loans; (C) activities that promote integration; (D) activities that promote economic development by financing small businesses or farms that meet the size eligibility requirements of the development company or small business investment company programs under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, with an emphasis on small businesses that have gross annual revenues of not more than $1,000,000; (E) activities that revitalize or stabilize— (i) low- or moderate-income geographies; (ii) designated disaster areas; (iii) distressed or underserved nonmetropolitan middle-income geographies designated by the Federal Financial Institutions Examination Council, based on— (I) rates of poverty, unemployment, and population loss; or (II) population size, density, and dispersion, if those activities help to meet essential community needs, including the needs of low- and moderate-income individuals; or (iv) other distressed or underserved communities; (F) activities that promote physical, environmental, and sensory accessibility in housing stock that is integrated into the community; and (G) other activities that promote the objectives of this title, as determined by the appropriate Federal financial supervisory agencies. (7) Depository institution; depository institution holding company The terms depository institution and depository institution holding company have the meanings given those terms in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (8) Entire community The term entire community means all of the assessment areas of a regulated financial institution. (9) Enumerated consumer laws The term enumerated consumer laws has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (10) Geography The term geography means a census tract delineated by the Bureau of the Census in the most recent decennial census. (11) Insured depository institution The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (12) Other distressed or underserved community The term other distressed or underserved community means an area or census tract that, according to a periodic review and data analysis by the appropriate Federal financial supervisory agencies on an interagency basis through the Federal Financial Institutions Examination Council, is experiencing economic hardship or is underserved by financial institutions. (13) Regulated financial institution The term regulated financial institution means— (A) an insured depository institution; (B) a depository institution holding company; and (C) a U.S. nonbank mortgage originator. (14) U.S. nonbank mortgage originator The term U.S. nonbank mortgage originator means a covered person subject to section 1024 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5514 ) that offers or provides— (A) origination of loans secured by real estate for use by consumers primarily for personal, family, or household purposes; or (B) loan modification or foreclosure relief services in connection with a loan described in subparagraph (A). ; (2) in section 804 ( 12 U.S.C. 2903 )— (A) by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; (B) by striking subsections (a) and (b) and inserting the following: (a) Depository institutions and bank holding companies In connection with its examination of a regulated financial institution other than a U.S. nonbank mortgage originator, the appropriate Federal financial supervisory agency shall perform the following: (1) Assess the record of the institution in meeting the credit and other financial needs of its entire community, in particular low- and moderate-income people and communities, and other distressed or underserved communities, consistent with the safe and sound operation of the institution. (2) Assess the effectiveness of the following activities in meeting the credit and other financial needs of the assessment areas of the institution, consistent with the safe and sound operation of the institution: (A) Retail lending, including home, small business, consumer, and other lending and financial products, that responds to credit needs or other financial needs. (B) Community development lending and investments, which may include a consideration of— (i) the origination of loans and other efforts by the institution to assist existing low- and moderate-income residents to remain in affordable housing in their community; and (ii) the origination of loans by the institution that result in the construction, rehabilitation, or preservation of affordable housing units. (C) Retail financial services and community development services. (3) With respect to its evaluation of an application for a deposit facility by the institution— (A) consider the record described in paragraph (1), the overall rating of the institution under this section, and any improvement plans submitted pursuant to this section; (B) provide an opportunity for public comment for a period of not less than 60 days; (C) consider changes in the community reinvestment performance of the institution since the most recent rating under this section by the appropriate Federal financial supervisory agency; and (D) require— (i) a demonstration of public benefit, including a community benefits plan with measurable goals regarding increasing responsible lending and other financial products that is commensurate with the ability of the institution to accomplish those goals; (ii) that the institution consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (iii) a public hearing for any institution that has a received a need-to-improve or low satisfactory grade in any individual assessment area during the most recent examination. (b) U.S. nonbank mortgage originator In connection with its examination of a U.S. nonbank mortgage originator, the appropriate Federal financial supervisory agency shall perform the following: (1) Assess the record of the U.S. nonbank mortgage originator in meeting the credit or other financial needs of its entire community, in particular low-income and moderate-income people and communities and other distressed or underserved communities, consistent with the safe and sound operation of the U.S. nonbank mortgage originator. (2) Assess, as appropriate, the following activities in the assessment areas of the U.S. nonbank mortgage originator: (A) Retail lending, including home loans. (B) Community development services. (C) Community development lending and investments, which may include a consideration of— (i) the origination of loans and other efforts by the institution to assist existing low- and moderate-income residents to remain in affordable housing in their community; (ii) the origination of loans by the institution that result in the construction, rehabilitation or preservation of affordable housing units; and (iii) investments in, grants to, or loans to community development financial institutions (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 )), community development corporations (as defined in section 613 of the Community Economic Development Act of 1981 ( 42 U.S.C. 9802 )), and other nonprofit organizations serving the housing and development needs of the community. (3) With respect to its evaluation of an application for a deposit facility by the U.S. nonbank mortgage originator— (A) consider the record described in paragraph (1), the overall rating of the U.S. nonbank mortgage originator under this section, and any improvement plans submitted pursuant to this section; (B) provide an opportunity for public comment for a period of not less than 60 days; (C) consider changes in the community reinvestment performance of the U.S. nonbank mortgage originator since the most recent rating under this section by the appropriate Federal financial supervisory agency; and (D) require— (i) a demonstration that granting the application for a deposit facility is in the public interest, which shall include a submission of a community benefits plan, which shall be commensurate with the ability of the institution to accomplish the plan, by the U.S. nonbank mortgage originator to the appropriate Federal financial supervisory agency; (ii) that the U.S. nonbank mortgage originator consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (iii) a public hearing for any U.S. nonbank mortgage originator that has a received a need-to-improve or low satisfactory grade in any individual assessment area during the most recent examination. (c) Requirements (1) In general In connection with its examination of a regulated financial institution under subsection (a) or (b), the appropriate Federal financial supervisory agency shall— (A) consider public comments received by the appropriate Federal financial supervisory agency regarding the record of the institution in meeting the credit or other financial needs of its entire community, including low- and moderate-income communities; and (B) require— (i) an improvement plan for an institution that receives a rating of ‘low satisfactory’ or lower on the written evaluation of the institution, or such a rating in any individual assessment area; and (ii) the improvement plan described in clause (i) to result in the reasonable likelihood that the institution will obtain a rating of at least high satisfactory in meeting community credit or other financial needs in the relevant measure on the next examination. (2) Improvement plan (A) In general A regulated financial institution that is required to submit an improvement plan required under paragraph (1)(B) shall submit the plan in writing to the appropriate Federal financial supervisory agency not later than 90 days after receiving notice that the regulated financial institution is required to submit the plan. (B) Public comment Upon receipt of an improvement plan of a regulated financial institution required under paragraph (1)(B), the appropriate Federal financial supervisory agency shall— (i) make the plan available to the public for review and comment for a period of not less than 60 days; and (ii) require the regulated financial institution to revise, as appropriate, the improvement plan in response to the public comments received under the public review and comment period described in clause (i) and submit the plan to the appropriate Federal financial supervisory agency not later than 60 days after the end of that period. (3) Examination of certain regulated financial institutions In the case of a regulated financial institution whose lending or other business is not clustered in geographical areas and is thinly dispersed across the country, the institution shall— (A) be evaluated under subsection (a) or (b), as applicable— (i) by considering the effectiveness of the institution in serving customers or borrowers, with a special emphasis on low- and moderate-income individuals across the country regardless of where the individuals reside; and (ii) based on objective thresholds developed by the appropriate Federal financial supervisory agencies to clarify when lending or other business is dispersed across the country and not clustered in distinct geographical areas, which may include low levels of lending or other financial products across States or other areas; and (B) meet the needs of other distressed or underserved communities. (d) Consideration Remediation of consumers pursuant to an order by an court or administrative body or a settlement with a government agency or a private party may not be considered in an assessment conducted under subsection (a)(2) or (b)(2). (e) Rule of construction An evaluation of a bank holding company under this section shall incorporate evaluations of subsidiary regulated financial institutions made by the appropriate Federal financial supervisory agency of each subsidiary, if applicable. ; (C) in subsection (f), as so redesignated— (i) by striking paragraph (2); (ii) by redesignating paragraph (3) as paragraph (2); and (iii) in paragraph (2), as so redesignated, by striking subparagraph (C); and (D) in subsection (g), as so redesignated, by striking subsection (a) and inserting subsections (a) and (b) ; (3) in section 807 ( 12 U.S.C. 2906 )— (A) in subsection (a)— (i) by striking an insured depository institution and inserting a regulated financial institution ; and (ii) by inserting or financial after credit ; (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in clause (ii), by striking and at the end; (bb) by redesignating clause (iii) as clause (iv); and (cc) by inserting after clause (ii) the following: (iii) disclose whether the institution engaged in acts or practices that the Bureau of Consumer Financial Protection has determined, and has publicly disclosed, violate the enumerated consumer laws; and ; and (II) by striking subparagraph (B) and inserting the following: (B) Metropolitan area distinctions The information required under clauses (i) and (ii) of subparagraph (A) shall be presented separately for each assessment area. (C) Treatment with respect to violations of enumerated consumer laws If a regulated financial institution has engaged in acts or practices that the appropriate Federal financial supervisory agency has determined to be unfair, deceptive, or abusive or acts or practices that violate enumerated consumer laws intended to ensure the fair, equitable, and nondiscriminatory access to credit for individuals and communities that are enforced by the Bureau of Consumer Financial Protection or other Federal or State agencies, the written evaluation shall be negatively influenced in a manner commensurate with the extent of the harm suffered by those individuals and communities. ; (ii) in paragraph (2)— (I) by striking subparagraphs (A), (B), (C), and (D) and inserting the following: (A) Outstanding record of meeting community credit or other financial needs . (B) High Satisfactory record of meeting community credit or other financial needs . (C) Low Satisfactory record of meeting community credit or other financial needs . (D) Needs to improve record of meeting community credit or other financial needs . (E) Substantial noncompliance in meeting community credit or other financial needs . ; and (iii) by inserting after the flush text following paragraph (2) the following: (3) Additional authority The appropriate Federal financial supervisory agencies may— (A) alter the ratings under this subsection to change or include additional ratings; and (B) develop an accompanying point system that includes ranges for each rating category under paragraph (2). ; (C) by redesignating subsection (e) as subsection (f); and (D) by inserting after subsection (d) the following: (e) Appeals of rating If a regulated financial institution appeals the assigned rating under this section, the appropriate Federal financial supervisory agency shall post a public notice of the appeal on the part of the website of the appropriate Federal financial supervisory agency that contains information on this title. ; (4) in section 806 ( 12 U.S.C. 2905 )— (A) by striking Regulations and inserting the following: (a) In general Regulations ; (B) in subsection (a), as so designated, by striking companies,, and inserting companies, ; and (C) by adding at the end the following: (b) Periodic review Not later than 5 years after the date of enactment of this subsection and every 5 years thereafter, the appropriate Federal financial supervisory agencies shall— (1) review the regulations promulgated to carry out this title; and (2) report to Congress any recommendations for updates to the regulations and this title, which may include consideration of— (A) data collection under this title; (B) the rigor of evaluations under this title; (C) the assessment area coverage of loans and deposits; and (D) the extent to which the provisions of this title are reducing disparities in access to credit and capital by income and race. ; and (5) by adding at the end the following: 810. Data collection and reporting requirements (a) Data collection (1) Consumer loans (A) In general Each regulated financial institution shall collect and maintain in machine readable form, as prescribed by the appropriate Federal financial supervisory agency, data for consumer loans originated or purchased by the regulated financial institution, including motor vehicle loans, credit cards, lines of credit, and other secured or unsecured loans. The regulated financial institution shall maintain data separately for each category of consumer loan, including the following for each loan: (i) A unique number or alpha-numeric symbol that can be used to identify the relevant loan. (ii) The loan amount at origination or purchase. (iii) The loan location. (iv) The gross annual income of the borrower that the regulated financial institution considered in making its credit decision. (B) Exemptions The appropriate Federal financial supervisory agencies may exempt classes of regulated financial institutions from the requirements under subparagraph (A) due to low levels of consumer lending or other factors. (2) Community development loans and investments (A) Collection and maintenance of data Each regulated financial institution shall collect and maintain in machine readable form, as prescribed by the appropriate Federal financial supervisory agency, data on the categories of community development lending and investments, including data regarding financing affordable housing, small business development, and economic development. (B) Public dissemination Each regulated financial institution shall— (i) publicly disseminate the data described in subparagraph (A) on a county level and for categories of census tracts including low- and moderate-income census tracts or other distressed and underserved census tracts; and (ii) consider disseminating the data described in subparagraph (A) by individual census tracts in addition to the categories described in clause (i). (3) Assessment area data (A) In general Each regulated financial institution shall collect and report to the appropriate Federal financial supervisory agency by March 1 of each year a list for each assessment area showing the geographies within the area. (B) Publication The appropriate Federal financial supervisory agencies shall make the list of assessment areas reported by each regulated financial institution under subparagraph (A) publicly available on the part of the website of the appropriate Federal financial supervisory agency that contains information on this title. (4) Deposits The appropriate Federal financial supervisory agencies shall— (A) collect data from regulated financial institutions that reflects— (i) the number of customers of those institutions that reside in categories of census tracts including low- and moderate-income census tracts or other distressed and underserved census tracts and the dollar amount of deposits of those customers; and (ii) the number of small businesses that are located in the census tract categories described in clause (i); and (B) consider the dissemination of the deposit data collected under subparagraph (A) by individual census tracts in addition to the categories described in that subparagraph. (b) Aggregate disclosure statements (1) In general Each appropriate Federal financial supervisory agency shall prepare annually, for each assessment area, a disclosure statement of home, small business, small farm, and consumer lending for each regulated financial institution subject to reporting under this section and an aggregated statement for all reporting institutions combined, which shall indicate, for each assessment area, the number and amount of all small business, small farm, and consumer loans originated or purchased sorted by income level of borrowers, race and ethnicity of borrowers, revenue size of small business and farms, and categories of census tracts. (2) Deposits and community development loans and investments An appropriate Federal financial supervisory agency shall include data on deposits and community development loans and investments in the disclosure statements prepared under paragraph (1). (3) Adjusted form An appropriate Federal financial supervisory agency may adjust the form of the disclosure statement prepared under paragraph (1) if necessary, because of special circumstances, to protect the privacy of a borrower or the competitive position of a regulated financial institution. (c) Central data depositories The Federal Financial Institutions Examination Council, in consultation with the appropriate Federal financial supervisory agencies, shall implement a system— (1) to allow the public to access online and in a searchable format the data maintained under paragraphs (1) through (4) of subsection (a); and (2) that ensures that personally identifiable financial information is not disclosed to public. (d) Limitation An appropriate Federal financial supervisory agency may not use the authorities of the appropriate Federal financial supervisory agency under this section to obtain a record from a regulated financial institution for the purpose of gathering or analyzing the personally identifiable financial information of a consumer. . (c) Amendment to the Bank Holding Company Act of 1956 Section 4(k)(6) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(k)(6) ) is amended to read as follows: (6) Notice and opportunity for comment required (A) In general No financial holding company shall directly or indirectly acquire, and no company that becomes a financial holding company shall directly or indirectly acquire control of, any company in the United States, including through merger, consolidation, or other type of business combination, that is engaged in activities permitted under this subsection or subsection (n) or (o), unless— (i) the holding company has provided notice to the Board, not later than 60 days prior to the proposed acquisition or prior to becoming a financial holding company, and during that time period, or such longer time period not exceeding an additional 60 days, as established by the Board; (ii) the Board has provided public notice and opportunity for comment for not less than 60 days; and (iii) the Board has not issued a notice disapproving the proposed acquisition or retention. (B) Factors for consideration In reviewing any prior notice filed under this paragraph, the Board shall— (i) consider the overall rating of the financial holding company under the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq.) and any improvement plans submitted pursuant to that Act; (ii) provide opportunity for public comment for a period of not less than 60 days; (iii) consider changes in the community reinvestment performance of the financial holding company since the last rating under the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq.) by the appropriate Federal financial supervisory agency; and (iv) require— (I) a demonstration that granting the application for a deposit facility is in the public interest, which shall include submission to the appropriate Federal financial supervisory agency of a community benefits plan commensurate with the ability of the institution to carry out that plan; (II) that the institution consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (III) a public hearing for any bank that has received a need-to-improve or low satisfactory grade in any assessment area during the last examination under the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq.). . (d) Technical and conforming amendment Section 10(c)(2)(H)(i) of the Home Owners' Loan Act ( 12 U.S.C. 1467a(c)(2)(H)(i) ) is amended by striking section 804(c) of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903(c) ) and inserting section 804(f) of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903(f) ) . 204. Amendments relating to credit union service to underserved areas (a) In general The Federal Credit Union Act ( 12 U.S.C. 1751 et seq.) is amended— (1) in section 101 ( 12 U.S.C. 1752 )— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (10) the term underserved area — (A) means a local community, neighborhood, or rural district that— (i) is an investment area, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ), that meets such additional requirements that the Board may impose; and (ii) is underserved, based on data of the Board and the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )), by other depository institutions (as defined in section 19(b)(1)(A) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1)(A) ); and (B) notwithstanding subparagraph (A), includes, with respect to any Federal credit union, any geographic area within which the credit union— (i) has received approval to provide service before the date of enactment of this paragraph from the Administration; and (ii) has established a service facility before that date of enactment. ; (2) in section 106 ( 12 U.S.C. 1756 ), by adding at the end the following: The Board shall monitor adherence by a Federal credit union to a significant unmet needs plan submitted under section 109(h) by that Federal credit union that describes how the Federal credit union will serve the deposit and other financial needs of the community. ; and (3) in section 109 ( 12 U.S.C. 1759 )— (A) in subsection (c), by amending paragraph (2) to read as follows: (2) Exception for underserved areas (A) In general Notwithstanding subsection (b), the Board may approve an application by a Federal credit union to allow the membership of the credit union to include any person or organization whose principal residence or place of business is located within a local community, neighborhood, or rural district if— (i) the Board determines— (I) at any time after August 7, 1998, that the local community, neighborhood, or rural district taken into account for purposes of this paragraph is an underserved area; and (II) at the time of the approval, that the credit union is well capitalized or adequately capitalized (as defined in section 216(c)(1)); and (ii) before the end of the 24-month period beginning on the date of the approval, the credit union has established and maintains an ongoing method to provide services in the local community, neighborhood, or rural district. (B) Termination of approval (i) In general Any failure of a Federal credit union to meet the requirement of clause (ii) of subparagraph (A) by the end of the 24-month period referred to in that clause shall constitute a termination, as a matter of law, of any approval of an application under this paragraph by the Board with respect to the membership of the credit union. (ii) Significant unmet needs plan The Board may terminate the membership of a Federal credit union upon a finding that the credit union is not meeting the terms of the significant unmet needs plan of the credit union submitted under subsection (h)(1). (C) Credit union reporting requirement Any Federal credit union that has an application approved under this paragraph shall, as part of the ordinary course of the examination cycle and supervision process, submit a report to the Administration that includes— (i) the number of members of the credit union who are members by reason of the application; (ii) the number of offices or facilities maintained by the credit union in the local community, neighborhood, or rural district taken into account by the Board in approving the application; and (iii) evidence, as specified by the Board by regulation, demonstrating compliance by the credit union with the significant unmet needs plan submitted by the credit union under subsection (h)(1), as specified by the Administration. (D) Publication by administration The Administration shall publish an annual report containing— (i) a list of all the applications approved under this paragraph before the date on which the report is published; (ii) the number and locations of the underserved areas taken into account in approving those applications; (iii) the total number of members of credit unions who are members by reason of the approval of those applications; and (iv) evidence demonstrating compliance by credit unions with significant unmet needs plans submitted by the credit unions under subsection (h)(1), as specified by the Administration. ; (B) in subsection (e)(2), by inserting subsection (c)(2) and after provided in ; and (C) by adding at the end the following: (h) Additional requirements for community credit unions (1) In general A Federal credit union desiring membership as a credit union described in subsection (b)(3) shall submit to the Board a business plan, which shall include, among other issues, a marketing plan that identifies— (A) the unique needs of the various demographic groups in the proposed community; and (B) how the credit union will market to each group, particularly underserved groups, to address those needs. (2) Public comment and hearing With respect to a Federal credit union desiring membership as a credit union described in subsection (b)(3) for an area with multiple political jurisdictions with a population of not less than 2,500,000, the Administration shall— (A) publish a notice in the Federal Register seeking comment from interested parties about the proposed community; and (B) conduct a public hearing regarding the application of the Federal credit union. . (b) Regulations Not later than 1 year after the date of enactment of this Act, the National Credit Union Administration Board shall issue final regulations to implement the amendments made by subsection (a). 205. Eligibility of certain direct descendants of certain veterans for housing loans guaranteed by the Secretary of Veterans Affairs (a) Expansion of definition of veteran for purposes of housing loan benefits Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: (8) (A) The term veteran also includes, for purposes of home loans, any direct descendant of a veteran described in subparagraph (B) if the descendant is living on the date of the enactment of the American Housing and Economic Mobility Act of 2021 . (B) A veteran described in this clause is a veteran who— (i) served on active duty at any time during the period between June 22, 1944, and April 11, 1968; (ii) is deceased; and (iii) did not receive a housing loan benefit under this chapter during his or her lifetime. (C) In this paragraph, the term direct descendant includes a legally adopted descendant. . (b) Expansion of eligibility Section 3702(a)(2) of such title is amended by adding at the end the following new subparagraph: (H) Each direct descendant described in section 3701(b)(8) of this title. . (c) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. (d) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section. III Removing barriers that isolate communities 301. Expanding rights under the Fair Housing Act (a) Purposes The purposes of the amendments made by this section are— (1) to expand, as well as clarify, confirm, and create greater consistency in, the protections against discrimination on the basis of all covered characteristics; and (2) to provide guidance and notice to individuals, organizations, corporations, and agencies regarding their obligations under Federal law. (b) Amendments to the Fair Housing Act The Fair Housing Act ( 42 U.S.C. 3601 et seq.) is amended— (1) in section 802 ( 42 U.S.C. 3602 ), by adding at the end the following: (p) Gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (q) Marital status has the meaning given the term in section 202.2 of title 12, Code of Federal Regulations, or any successor regulation. (r) Sexual orientation means homosexuality, heterosexuality, or bisexuality. (s) Source of income includes income for which there is a reasonable expectation that the income will continue from— (1) a profession, occupation, or job; (2) any government or private assistance, grant, loan, or rental assistance program, including vouchers issued under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq.); (3) a gift, an inheritance, a pension, an annuity, alimony, child support, or other consideration or benefit; or (4) the sale or pledge of property or an interest in property. (t) Veteran status means— (1) a member of the uniformed services, as defined in section 101 of title 10, United States Code; or (2) a veteran, as defined in section 101 of title 38, United States Code. ; (2) in section 804 ( 42 U.S.C. 3604 )— (A) by inserting actual or perceived before race, color each place that term appears; (B) by striking sex, each place that term appears and inserting sex (including sexual orientation and gender identity), marital status, source of income, veteran status, ; and (C) in subsection (c)— (i) by inserting (1) before To make ; and (ii) by adding at the end the following: (2) Nothing in this title shall be construed to— (A) prohibit a lender from implementing a loan program for veterans or based upon veteran status; or (B) prohibit an entity from providing housing assistance under— (i) section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ); (ii) the Homeless Providers Grant and Per Diem program of the Department of Veterans Affairs; or (iii) any other Federal housing assistance program for veterans or based on veteran status. ; (3) in section 805 ( 42 U.S.C. 3605 )— (A) by inserting actual or perceived before race, color each place that term appears; and (B) by striking sex, each place that term appears and inserting sex (including sexual orientation and gender identity), marital status, source of income, veteran status, ; (4) in section 806 ( 42 U.S.C. 3606 )— (A) by inserting actual or perceived before race, color ; and (B) by striking sex, each place that term appears and inserting sex (including sexual orientation and gender identity), marital status, source of income, veteran status, ; and (5) in section 808(e)(6) ( 42 U.S.C. 3608(e)(6) ), by striking sex, and inserting sex (including sexual orientation and gender identity), marital status, source of income, veteran status, . (c) Prevention of intimidation Section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 ) is amended— (1) by inserting actual or perceived before race, color each place that term appears; and (2) by striking sex, each place that term appears and inserting sex (including sexual orientation (as such term is defined in section 802 of this Act) and gender identity (as defined in section 802 of this Act)), marital status (as defined in section 802), source of income (as defined in section 802), veteran status (as defined in section 802), . (d) Rule of construction Nothing in the amendments made by this section shall be construed to mean that a particular class of individuals was not protected against discrimination under Federal law as in effect on the day before the date of enactment of this Act. 302. Improving outcomes in housing assistance programs (a) Indian housing assistance Section 502 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4181 ) is amended by adding at the end the following: (c) Applicability Subsections (a) and (b) shall not apply with respect to tenant-based assistance provided under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). . (b) Supplemental administrative fee Section 8(q)(2)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(q)(2)(B) ) is amended by inserting , including the cost of assisting families with children or families with a member with a disability that move to lower poverty, higher opportunity neighborhoods (as determined by the Secretary based on objective, evidence-based criteria) after programs . (c) Regional planning to increase access to higher opportunity areas Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: (21) Increasing access to higher opportunity areas (A) Location analysis (i) In general A public housing agency that administers the program under this subsection in a metropolitan area shall— (I) analyze the locations where the participants in the program of the public housing agency live; and (II) based on the analysis described in subclause (I), establish policies and practices to reduce disparities and barriers to access to locations throughout the metropolitan area that evidence indicates are more likely to improve outcomes for children or adults. (ii) Considerations The location analysis required under this subparagraph shall— (I) consider separately the locations of families with children, households that include a person with disabilities, and other groups protected under the Fair Housing Act ( 42 U.S.C. 3601 et seq.); and (II) include an analysis of the locations in relation to dwelling units with rents that are potentially affordable to voucher holders and the likely impact of key neighborhood attributes on their well-being and long-term success, based on Federal and available local data. (iii) Mapping tools The Secretary shall— (I) provide mapping tools and other information necessary for a public housing agency to perform the location analysis under this subparagraph using the demographic data on participating families submitted to the Secretary under part 908 of title 24, Code of Federal Regulations, or any successor regulation; (II) publish a notice in the Federal Register, subject to public comment, that specifies the data sources and definitions that will be incorporated in each mapping tool required under subclause (I); and (III) update the notice required under subclause (II) as needed based on changes in the availability of relevant data or evidence of neighborhood attributes likely to impact the well-being and long-term success of participants in the program under this subsection. (iv) Frequency and availability The location analysis required under this subparagraph shall— (I) be performed by each public housing agency described in clause (i) not less frequently than once every 5 years; (II) be performed by all public housing agencies in a metropolitan area in the same year, as determined by the Secretary; and (III) be made available to the public in a manner that protects the privacy of program participants. (B) Regional policies to increase access to higher opportunity neighborhoods Each public housing agency described in subparagraph (A)(i) shall— (i) consult with other such public housing agencies in the same metropolitan area, or smaller regional area approved by the Secretary, about the possible barriers and other reasons for the disparities identified in the location analysis required under subparagraph (A); (ii) identify policies or practices that those public housing agencies could adopt individually or in collaboration, or other strategies that recipients of grants or other funding from the Secretary could adopt, to reduce the barriers and disparities and increase the share of families with children and other demographic groups using vouchers in higher-opportunity neighborhoods in the metropolitan area or region; and (iii) include in the administrative plan required under section 982.54 of title 24, Code of Federal Regulations, or any successor regulation, the policies that the public housing agency has adopted under this paragraph. (C) Assessment The Secretary shall include public housing agency performance in achieving the goal described in subparagraph (A)(i)(II) in the periodic assessment of agency performance in managing the program under this subsection required under part 985 of title 24, Code of Federal Regulations, or any successor regulation. . (d) Required regulatory changes to public housing agency consortia (1) Definitions In this subsection: (A) Moving to Work demonstration program The term Moving to Work demonstration program means the program established under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321–281). (B) Public housing agency The term public housing agency has the meaning given the term in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6) ). (2) Requirement Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish policies and procedures that— (A) enable public housing agencies that elect to operate in consortia under section 13(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437k(a) ), excluding public housing agencies participating in the Moving to Work demonstration program— (i) to consolidate their funding contracts for assistance provided under section 8(o) of such Act ( 42 U.S.C. 1437f(o) ) into a single contract; (ii) to consolidate their funding contracts for assistance provided under subsections (d) and (e) of section 9 of such Act ( 42 U.S.C. 1437g ); or (iii) to exercise the consolidation options under each of clauses (i) and (ii); and (B) enable public housing agencies to form partial consortia under such section 13(a) ( 42 U.S.C. 1437k(a) ) that consolidate the administration of certain aspects of their housing programs to increase access to higher-opportunity areas or for other purposes, subject to such requirements as the Secretary may establish. (3) Moving to Work agencies Any flexibility or waiver applicable to the Moving to Work demonstration program shall not apply to any activities or funds administered through a partial consortium formed under paragraph (2)(B) by 1 or more public housing agencies participating in the Moving to Work demonstration program. IV Estate tax reform 401. Amendment to Internal Revenue Code of 1986 Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 402. Rate adjustment (a) Increase in estate tax rates The table contained in section 2001(c) is amended to read as follows: If the amount with respect to which the tentative tax to be computed is: The tentative tax is: Not over $13,000,000 55 percent of such amount. Over $13,000,000 but not over $93,000,000 $7,150,000, plus 60 percent of the excess of such amount over $13,000,000. Over $93,000,000 $55,150,000, plus 65 percent of the excess of such amount over $93,000,000. (b) Reduction of basic exclusion amount Paragraph (3) of section 2010(c) is amended to read as follows: (3) Basic exclusion amount For purposes of this subsection, the basic exclusion amount is $3,500,000. . (c) Surtax on billion dollar estates Section 2001 is amended— (1) in subsection (b), by striking The tax and inserting Subject to subsection (h), the tax , and (2) by adding at the end the following new subsection: (h) Surtax on billion dollar estates (1) In general In the case of a taxable estate for which the applicable amount is in excess of $1,000,000,000, the tax determined under subsection (b) shall be increased by an amount equal to 10 percent of such applicable amount. (2) Applicable amount For purposes of this subsection, the applicable amount shall be equal to the sum of the amounts under subparagraphs (A) and (B) of paragraph (1) of subsection (b) for the taxable estate. . 403. Required minimum 10-year term, etc., for grantor retained annuity trusts (a) In general Subsection (b) of section 2702 is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking For purposes of and inserting the following: (1) In general For purposes of ; (3) by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B) ; and (4) by adding at the end the following new paragraph: (2) Additional requirements with respect to grantor retained annuities For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if— (A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, (B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and (C) the remainder interest has a value equal to or greater than 10 percent of the value of the assets transferred to the trust, determined as of the time of the transfer. . (b) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. 404. Certain transfer tax rules applicable to grantor trusts (a) In general Subtitle B is amended by adding at the end the following new chapter: 16 Special rules for grantor trusts Sec. 2901. Application of transfer taxes. 2901. Application of transfer taxes (a) In general In the case of any portion of a trust to which this section applies— (1) the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner, (2) any distribution from such portion to one or more beneficiaries during the life of the deemed owner of such portion shall be treated as a transfer by gift for purposes of chapter 12, and (3) if at any time during the life of the deemed owner of such portion, such owner ceases to be treated as the owner of such portion under subpart E of part 1 of subchapter J of chapter 1, all assets attributable to such portion at such time shall be treated for purposes of chapter 12 as a transfer by gift made by the deemed owner. (b) Portion of trust to which section applies This section shall apply to— (1) the portion of a trust with respect to which the grantor is the deemed owner, and (2) the portion of the trust to which a person who is not the grantor is a deemed owner by reason of the rules of subpart E of part 1 of subchapter J of chapter 1, and such deemed owner engages in a sale, exchange, or comparable transaction with the trust that is disregarded for purposes of subtitle A. For purposes of paragraph (2), the portion of the trust described with respect to a transaction is the portion of the trust attributable to the property received by the trust in such transaction, including all retained income therefrom, appreciation thereon, and reinvestments thereof, net of the amount of consideration received by the deemed owner in such transaction. (c) Exceptions This section shall not apply to— (1) any trust that is includible in the gross estate of the deemed owner (without regard to subsection (a)(1)), and (2) any other type of trust that the Secretary determines by regulations or other guidance does not have as a significant purpose the avoidance of transfer taxes. (d) Deemed owner defined For purposes of this section, the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart E of part 1 of subchapter J of chapter 1. (e) Reduction for taxable gifts to trust made by owner The amount to which subsection (a) applies shall be reduced by the value of any transfer by gift by the deemed owner to the trust previously taken into account by the deemed owner under chapter 12. (f) Liability for payment of tax Any tax imposed pursuant to subsection (a) shall be a liability of the trust. . (b) Clerical amendment The table of chapters for subtitle B is amended by adding at the end the following new item: Chapter 16. Special rules for grantor trusts . (c) Effective date The amendments made by this section shall apply— (1) to trusts created on or after the date of the enactment of this Act; (2) to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date; and (3) to any portion of a trust established before the date of the enactment of this Act to which section 2901(a) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies by reason of a transaction described in section 2901(b)(2) of such Code on or after such date. 405. Elimination of generation-skipping transfer tax exemption for certain trusts (a) In general Section 2642 is amended by adding at the end the following new subsection: (h) Elimination of GST exemption for certain trusts (1) In general (A) Transfers from non-qualifying trusts In the case of any generation-skipping transfer made from a trust that is not a qualifying trust, the inclusion ratio with respect to any property transferred in such transfer shall be 1. (B) Qualifying trust For purposes of this subsection, the term qualifying trust means a trust for which the date of termination of such trust is not greater than 50 years after the date on which such trust is created. (2) Trusts created before date of enactment In the case of any trust created before the date of the enactment of this subsection, such trust shall be deemed to be a qualifying trust for a period of 50 years after the date of the enactment of this subsection. (3) Date of creation of certain deemed separate trusts In the case of any portion of a trust which is treated as a separate trust under section 2654(b)(1), such separate trust shall be treated as created on the date of the first transfer described in such section with respect to such separate trust. (4) Date of creation of pour-over trusts In the case of any generation-skipping transfer of property which involves the transfer of property from 1 trust to another trust, the date of the creation of the transferee trust shall be treated as being the earlier of— (A) the date of the creation of such transferee trust, or (B) the date of the creation of the transferor trust. In the case of multiple transfers to which the preceding sentence applies, the date of the creation of the transferor trust shall be determined under the preceding sentence before the application of the preceding sentence to determine the date of the creation of the transferee trust. (5) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 406. Simplifying gift tax exclusion for annual gifts (a) In general Paragraph (1) of section 2503(b) is amended to read as follows: (1) In general (A) Limit per donee In the case of gifts made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year. (B) Cumulative limit per donor (i) In general The aggregate amount excluded under subparagraph (A) with respect to all transfers described in clause (ii) made by the donor during the calendar year shall not exceed twice the dollar amount in effect under such subparagraph for such calendar year. (ii) Transfers subject to limitation The transfers described in this clause are— (I) a transfer in trust, (II) a transfer of an interest in a passthrough entity, (III) a transfer of an interest subject to a prohibition on sale, and (IV) any other transfer of property that, without regard to withdrawal, put, or other such rights in the donee, cannot immediately be liquidated by the donee. . (b) Conforming amendment Section 2503 is amended by striking subsection (c). (c) Regulations The Secretary of the Treasury, or the Secretary of the Treasury's delegate, may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the amendments made by this section. (d) Effective date The amendments made by this section shall apply to any calendar year beginning after the date of the enactment of this Act. V Accessibility requirements 501. Accessibility requirements In the case of housing that is constructed, altered, or otherwise assisted using amounts made available to the Secretary of Housing and Urban Development under this Act or an amendment made by this Act, sections 8.22 and 8.23 of title 24, Code of Federal Regulations (or any successor regulations) shall be applied such that the number of dwelling units required to be accessible under those sections is twice the number that would otherwise be required to be accessible under those sections.
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117-s-1369
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II 117th CONGRESS 1st Session S. 1369 IN THE SENATE OF THE UNITED STATES April 26, 2021 Mr. Grassley (for himself, Mrs. Blackburn , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require United States educational institutions to include information regarding financial transactions with the Government of the People’s Republic of China or its affiliates in any petition for certification or recertification with the Student and Exchange Visitor Program.
1. Supporting documents required for certification with the Student and Exchange Visitor Program Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(d) ) is amended— (1) in paragraph (1)(A), by striking institution,, and inserting institution, ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: (2) Supporting documents required for certification Institutions of higher education and other approved educational institutions petitioning for certification or recertification with the Student and Exchange Visitor Program to authorize the attendance of nonimmigrant students described in subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) shall include with such petition— (A) final copies of any contracts, agreements, or documentation of financial transactions between the institution or its affiliated student or faculty groups, foundations, or related entities and any educational, cultural, or language entity that is directly or indirectly funded by the Government of the People’s Republic of China; and (B) a detailed description of any financial contributions from the Government of the People’s Republic of China or its affiliates to any student or faculty groups affiliated with such institution. ; and (4) in paragraph (3), as redesignated— (A) by striking specified information, such approvals and inserting the following: “information and documentation described in paragraphs (1) and (2)— (A) such approvals ; and (B) by striking the period at the end and inserting the following: “; and (B) if such failure involves the information or documentation described in paragraph (2), the Student and Exchange Visitor Program shall conduct an out-of-cycle review of the institution. .
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117-s-1370
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II 117th CONGRESS 1st Session S. 1370 IN THE SENATE OF THE UNITED STATES April 26, 2021 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a Restore Employment in Natural and Environmental Work Conservation Corps in the Department of the Interior and the Department of Agriculture, and for other purposes.
1. Short title This Act may be cited as the Restore Employment in Natural and Environmental Work Conservation Corps Act or the RENEW Conservation Corps Act . 2. Findings and purposes (a) Findings Congress finds that— (1) as a result of the Coronavirus Disease 2019 (COVID–19) pandemic, more than 40,000,000 people in the United States have filed claims for unemployment benefits since March 2020, which is a level of unemployment not seen since the Great Depression; (2) investments in fish, wildlife, and habitat restoration and outdoor recreation infrastructure generate as many as 33 jobs per $1,000,000 invested, as demonstrated by the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 115); (3) the outdoor recreation economy— (A) generates $887,000,000,000 in economic activity each year, which is 2.2 percent of the gross domestic product of the United States, according to the Bureau of Economic Analysis; and (B) was 1 of the fastest growing sectors of the United States economy before the Coronavirus Disease 2019 (COVID–19) pandemic; (4) the demand for outdoor recreation has increased dramatically during the Coronavirus Disease 2019 (COVID–19) pandemic; (5) the Federal Government and State and local governments and agencies have many shovel-ready projects and green infrastructure maintenance backlog projects that would— (A) improve the quality of life and outdoor experiences of people of the United States; (B) make communities, especially communities that are traditionally underserved, more resilient to climate change, natural disasters, and wildfires; and (C) provide access to outdoor recreation opportunities to all people of the United States; (6) many facilities and natural resources located on dedicated conservation land are in disrepair or degraded and in need of labor-intensive rehabilitation, restoration, and enhancement work that cannot be carried out at existing staffing levels; (7) enhancing and maintaining environmentally and recreationally important land and waters through the participation of unemployed individuals in the United States in a conservation corps could— (A) provide critical employment, education, and skill development opportunities to the individuals; (B) prepare the individuals for permanent jobs in the conservation field; and (C) benefit the economy and environment of the United States; and (8) existing networks of conservation corps are in place but need additional resources in order to scale up the activities of the conservation corps to meet growing deferred maintenance needs on public land. (b) Purposes The purposes of this Act are— (1) to employ, during the 5-year period beginning on the date of enactment of this Act, a total of 1,000,000 people in the United States in dedicated conservation land projects to support the growing backlog of deferred conservation land projects; (2) to expose Participants to public service while furthering the understanding and appreciation of the Participants of the natural and cultural resources of the United States; (3) to stimulate interest among Participants in conservation careers by exposing the Participants to conservation professionals in land management agencies; and (4) to build on the existing network of conservation corps organizations working across the United States while providing for expanded participation in urban centers. 3. Definitions In this Act: (1) Corps The term Corps means the Restore Employment in Natural and Environmental Work Conservation Corps established by section 4(a). (2) Council The term Council means the National Council on the Restore Employment in Natural and Environmental Work Conservation Corps established under section 6(a). (3) Eligible agency or organization The term eligible agency or organization means— (A) a unit of local government; (B) a land trust; (C) a conservation nonprofit organization; or (D) a qualified youth service and conservation corps, including— (i) an organization established under— (I) the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq.); (II) title I of Public Law 91–378 (commonly known as the Youth Conservation Corps Act of 1970 ) ( 16 U.S.C. 1701 et seq.); or (III) the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq.), including the Indian Youth Service Corps authorized under section 210 of that Act ( 16 U.S.C. 1727b ); (ii) the Urban Youth Corps authorized under section 106 of the National and Community Service Trust Act of 1993 ( 42 U.S.C. 12656 ); (iii) a qualified urban youth corps (as defined in section 106(c)(3) of the National and Community Service Trust Act of 1993 ( 42 U.S.C. 12656(c)(3) )); and (iv) the Healthy Futures Corps established under section 122(a)(2)(A) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(a)(2)(A) ). (4) Eligible participant The term eligible participant means an individual who— (A) is 16 years of age or older at the time the individual begins the term of service as a Participant; and (B) is a citizen or national of the United States or lawful permanent resident alien of the United States. (5) Eligible project The term eligible project means any of the following: (A) A project to plant trees. (B) A project for the restoration and management of wildlife habitat. (C) A project to control invasive species. (D) A project for the conduct of prescribed burns, hazardous fuels reduction, or invasive species removal. (E) A project for the restoration of streams, wetlands, and other aquatic ecosystems, including the Great Lakes and coastal areas. (F) A project to monitor water quality in streams and lakes. (G) A project to assist with the conduct of fish and wildlife surveys. (H) A project for the construction or maintenance of trails, bridges, campgrounds, picnic shelters, or other recreational amenities for use by the public. (I) A project for the construction or maintenance of parks and playgrounds. (J) A project to restore brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) in urban areas. (K) A project to construct rain gardens, grass waterways, pollinator gardens, or green schoolyards. (L) A project for the development of urban gardens and farms. (M) A project to plant native grasslands. (N) A project to provide environmental interpretation or outdoor education. (O) A project to improve community resiliency to climate change and natural disasters, such as the installation of bioswales and permeable surfaces. (P) A project for the collection, storage, and propagation of native seed and plant materials. (Q) Any other project determined to be appropriate by the Secretaries. (6) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Opportunity youth The term opportunity youth means an individual who— (A) is not younger than the age of 16 or older than the age of 24; and (B) is not enrolled in school or participating in the labor market. (8) Participant The term Participant means an eligible participant enrolled in the Corps. (9) Program partner The term Program partner means— (A) a State or Indian Tribe administering a program for eligible projects or a grant program under subsection (a) or (b) of section 5, as applicable; and (B) an eligible agency or organization carrying out eligible projects under section 5(a)(3)(B). (10) Secretaries The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior, acting jointly. (11) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. 4. Restore Employment in Natural and Environmental Work Conservation Corps (a) Establishment There is established in the Department of the Interior and the Department of Agriculture the Restore Employment in Natural and Environmental Work Conservation Corps program under which Participants shall carry out— (1) eligible projects administered by the Secretaries under this section; and (2) eligible projects administered by Program partners under subsection (a) or (b) of section 5. (b) Participants (1) In general The Corps shall consist of— (A) eligible participants who are enrolled in the Corps by the Secretaries; and (B) eligible participants who are enrolled in the Corps by Program partners. (2) Requirement In enrolling eligible participants in the Corps under paragraph (1), the Secretaries and Program partners shall ensure that Participants reflect the demographics of the area in which the Participants are carrying out an eligible project. (3) Work experience The Secretaries and Program partners shall provide Participants— (A) meaningful, full-time, productive work in a natural or cultural resource setting; (B) a mix of work experience, basic and life skills, education, training, and support services; and (C) the opportunity to develop an ethic of citizenship, community service, and environmental stewardship through service to the community and the United States. (c) Terms and compensation (1) Term Participants shall serve for a term of at least 12 weeks, but not more than 1 year. (2) Compensation (A) Wages Participants shall be compensated at a wage rate that is appropriate for the type of work performed by the Participant, but not less than $15 per hour (to be increased each year based on increases in the Consumer Price Index for the year). (B) Educational credit; tuition assistance If a Participant completes at least 1 year of service in the Corps, the Participant shall be eligible for— (i) an educational credit that may be applied toward a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in the Corps; and (ii) not more than $5,500 in tuition assistance to the Participant for purposes of continuing education. (d) Training; apprenticeships The Secretaries and Program partners shall— (1) ensure that 20 to 50 percent of the term of a Participant in the Corps is dedicated to education, training, and workforce readiness activities; and (2) provide curricula to Participants that improve the future job prospects of Participants, including through making available to Participants registered apprenticeships and other professional licenses or certifications. (e) Additional duties and responsibilities of program partners with respect to opportunity youth A Program partner that enrolls Participants that are opportunity youth— (1) shall provide to the opportunity youth— (A) supervision and training; (B) adult mentoring; and (C) education, which may include— (i) basic instruction and remedial education; (ii) language instruction for individuals with limited English proficiency; (iii) secondary education services and activities, including dropout prevention and tutoring; and (iv) other activities that are delivered in conjunction with project-based service-learning to the maximum extent practicable; (2) may provide to the opportunity youth— (A) services to assist in the preparation for, and access to, postsecondary education opportunities, including— (i) counseling; and (ii) assistance with applying for student financial aid; (B) employability training, which may include— (i) development of basic skills, such as— (I) arriving on time to work; (II) being prepared to work; (III) following directions; (IV) working independently; (V) working with others; (VI) working safely; and (VII) demonstrating a commitment to produce high-quality work; (ii) career counseling and job search assistance; and (iii) pathways to family sustaining jobs; and (C) supportive services, which may include— (i) health care, including mental health care, such as drug and alcohol abuse counseling; (ii) child care; and (iii) transportation. (f) Certificate of completion The Secretaries shall provide each Participant with a certificate of completion bearing the signature of the Secretaries on the completion of a term of service in the Corps. 5. State, tribal, and local funding program for eligible projects (a) Apportionment to States (1) In general For each fiscal year, subject to paragraphs (2) and (3), of the amounts made available for apportionment to the States for that fiscal year under section 7(a)(2), the Secretaries shall apportion— (A) 66 2/3 percent among States based on the proportion that— (i) the number of unemployed individuals in each State, as determined based on the most recent data available; bears to (ii) the total number of unemployed individuals in all States as so determined; and (B) 33 1/3 percent among States based on the proportion that— (i) the population of each State; bears to (ii) the population of all States. (2) Minimum apportionment No State shall receive an apportionment under paragraph (1) for a fiscal year in an amount less than $42,000,000. (3) Use of funds Of the amounts apportioned to a State under this subsection for a fiscal year— (A) 50 percent shall be used by the State to administer a program for the conduct of eligible projects by Participants enrolled in the program by the States; and (B) 50 percent shall be used by the State to administer a grant program in the State under which the State provides grants to eligible agencies or organizations in the State for the conduct of eligible projects by Participants enrolled by the eligible agencies or organizations, with preference to be given for grants to eligible agencies or organizations described in section 3(3)(D). (b) Tribal program For each fiscal year, the Secretaries shall apportion, in accordance with a formula established by the Secretaries, amounts made available under section 7(a)(3) to Indian Tribes to administer a program for the conduct of eligible projects by Participants enrolled in the program by the Indian Tribe. (c) Use of funds Of the amounts provided to a Program partner for the conduct of eligible projects under this section, the Program partner— (1) may use not more than 20 percent for administrative costs of administering and carrying out eligible projects (including costs of recruiting and hiring individuals to carry out eligible projects); (2) may use not more than 14 percent to provide continuing education to individuals administering or carrying out eligible projects; (3) may use not more than 8 percent for the cost of equipment and supplies for eligible projects; and (4) shall use the remainder of the amounts for the costs of salaries of individuals administering or carrying out eligible projects. (d) Reallocation Any funds made available to a State or Indian Tribe under subsection (a) or (b) that are not obligated by the State or Indian Tribe at the end of the third fiscal year beginning after the fiscal year during which the funds were made available shall be withdrawn from the State or Indian Tribe and reallocated by the Secretaries to other States and Indian Tribes on the basis of need, as determined by the Secretaries, and in amounts that the Secretaries determine would best accomplish the purposes described in section 2(b). 6. National Council on the Restore Employment in Natural and Environmental Work Conservation Corps (a) Establishment The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, the Chair of the Council on Environmental Quality, the Director of the Bureau of Indian Affairs, the Chief Executive Officer of the Corporation for National and Community Service, and the Assistant Secretary of the Army for Civil Works, through the execution of a memorandum of understanding, shall establish a National Council on the Restore Employment in Natural and Environmental Work Conservation Corps. (b) Membership (1) In general The Council shall be composed of— (A) the Director of the Bureau of Indian Affairs; (B) the Director of the Bureau of Land Management; (C) the Commissioner of Reclamation; (D) the Chief of the Natural Resources Conservation Service; (E) the Director of the United States Fish and Wildlife Service; (F) the Director of the National Park Service; (G) the Administrator of the National Oceanic and Atmospheric Administration; (H) the Director of the Office of Surface Mining Reclamation and Enforcement; (I) the Chief of Engineers; (J) the Chief of the Forest Service; (K) the Director of the Office of Personnel Management; (L) the Administrator of the Environmental Protection Agency; (M) the Chair of the Council on Environmental Quality; (N) the Chief Executive Officer of the Corporation for National and Community Service; and (O) other members that the signatories to the memorandum of understanding under subsection (a) determine to be appropriate for membership on the Council, including— (i) the Secretary of Labor; (ii) the Secretary of Education; (iii) the Secretary of Health and Human Services; (iv) the Secretary of Housing and Urban Development; (v) the Secretary of Transportation; and (vi) the Secretary of Veterans Affairs. (2) Chair (A) In general The Council shall select a Chair of the Council from among the members of the Council described in subparagraphs (A) through (M) of paragraph (1). (B) Term The Chair of the Council shall serve for a term of 1 year. (c) Annual meeting The Chair of the Council shall convene annual meetings of the Council during which the Council shall conduct an assessment of— (1) the Corps; and (2) eligible projects carried out by the Corps. 7. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $55,800,000,000 for the period of fiscal years 2021 through 2025, of which— (1) 37.5 percent shall be made available to the Secretaries to carry out eligible projects under section 4(a)(1); (2) 57.5 percent shall be made available to the Secretaries for apportionment to States under section 5(a); and (3) 5 percent shall be made available to the Secretaries for apportionment to Indian Tribes under section 5(b). (b) Matching funds waiver Any otherwise applicable matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1729(a)(1) ), shall be waived for projects carried out using amounts made available under this Act.
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II 117th CONGRESS 1st Session S. 1371 IN THE SENATE OF THE UNITED STATES April 26, 2021 Mr. Durbin (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prioritize funding for an expanded and sustained national investment in agriculture research.
1. Short title This Act may be cited as the America Grows Act of 2021 . 2. Funding (a) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, to each funding recipient described in subsection (b) for the programs, projects, and activities of such funding recipient, the following amounts: (1) For fiscal year 2022, the amount equal to 105 percent of the amount of new budget authority made available in appropriation Acts for that funding recipient for fiscal year 2021, increased by the percentage increase (if any), during fiscal year 2021, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics. (2) For each of fiscal years 2023 through 2031, the amount equal to 105 percent of the amount appropriated to that funding recipient under this subsection for the previous fiscal year, increased by the percentage increase (if any), during such previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics. (3) For fiscal year 2032, and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during such previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics. (b) Funding recipients described The funding recipients described in this subsection are— (1) the Agricultural Research Service; (2) the Economic Research Service; (3) the National Agricultural Statistics Service; and (4) the National Institute of Food and Agriculture. (c) Availability Each amount appropriated under subsection (a) shall remain available for obligation through the last day of the fiscal year for which such amount is appropriated. 3. Exemption from sequestration (a) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting after Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600). the following: Appropriations made available under section 2(a) of the America Grows Act of 2021 . . (b) Applicability The amendment made by subsection (a) shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq.) on or after the date of enactment of this Act. 4. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) ). (b) Senate PAYGO scorecards The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
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II 117th CONGRESS 1st Session S. 1372 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Rubio (for himself, Mr. Cassidy , Mr. Scott of Florida , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks, and for other purposes.
1. Short title This Act may be cited as the Sustainable Shark Fisheries and Trade Act of 2021 . 2. Shark conservation and trade fairness certification Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k ) is amended— (1) in subsection (a)(2)— (A) by striking subparagraph (A) and inserting the following: (A) that nation or any individual or entity from that nation has imported shark products into the United States or seeks to import shark products into the United States; and ; and (B) in subparagraph (B)— (i) by striking adopted and inserting sought and obtained, not later than the effective date specified in paragraph (8) of subsection (g), a certification from the Secretary under that subsection that the nation has in effect ; and (ii) by striking , taking into account different conditions ; (2) in subsection (b), in paragraphs (2) and (3), by striking subsection (a) each place it appears and inserting subsection (a)(1) ; (3) in subsection (c)— (A) in paragraph (1), by striking subsection (a) and inserting subsection (a)(1) ; and (B) by adding at the end the following: (6) Applicability to certain countries This subsection does not apply to nations identified under subsection (a)(2). ; (4) in subsection (d)— (A) in paragraph (1), by inserting or (g) after under subsection (c) ; and (B) in paragraph (3), by inserting or (g) after under subsection (c) ; and (5) by adding at the end the following: (g) Shark conservation and trade fairness certification (1) Prohibition on importation (A) In general Except as provided in subparagraph (B), shark products may not be imported into the United States unless the shark products were landed in a nation to which the Secretary has issued a certification or partial certification under paragraph (2). (B) Exceptions The prohibition under subparagraph (A) shall not apply to shark products that are— (i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; (ii) used for noncommercial subsistence purposes in accordance with Federal, State, tribal, or territorial law; (iii) used solely for display, education, conservation, or research purposes by an accredited zoo, aquarium, museum, college, or university; or (iv) used by any other person under a State or Federal permit to conduct noncommercial scientific research. (2) Certifications Pursuant to the regulations prescribed under paragraph (5), the Secretary— (A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and (B) may grant a partial certification to a nation if the Secretary determines that the nation— (i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of a specific species of shark imported into the United States or used to produce shark products imported into the United States; and (ii) has in effect an effective ban on shark finning that is comparable to that of the United States. (3) Expiration; renewal A certification or partial certification issued under this subsection— (A) shall be effective for not more than 3 years from the date of issuance; and (B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. (4) Certain determinations The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection not later than 180 days after the submission of the application for renewal or the petition for revocation, as the case may be. (5) Regulations (A) In general Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021 , the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, with respect to the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). Such regulations shall— (i) prescribe the content and format of applications and standards for the information to be provided in such applications; and (ii) establish a process for petitioning the Secretary for revocation of the certification or partial certification of any nation, including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this subsection for the certification. (B) Criteria for certification or partial certification The regulations prescribed under subparagraph (A) shall establish criteria for determining whether a nation has and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States, which shall include, at a minimum, a requirement that such programs— (i) be consistent with the national standards for fishery conservation and management set forth at section 301(a) of the Magnuson-Stevens Conservation and Management Act ( 16 U.S.C. 1851(a) ); (ii) provide for regularly updated management plans, scientifically established catch limits, and bycatch assessments and minimization; (iii) include a program to prevent overfishing of sharks and rebuild overfished stocks; (iv) require reporting and data collection; (v) be consistent with the International Plan of Action for Conservation and Management of Sharks of the Food and Agriculture Organization of the United Nations; and (vi) include a mechanism to ensure that, if the nation allows landings of sharks by foreign vessels that are not subject to such programs, only shark products that comply with such programs are exported to the United States. (6) Publication; public comment The Secretary shall— (A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and (B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. (7) Final agency action A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, or a failure to make a determination under paragraph (4) in the time required by that paragraph, shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. (8) Effective date The prohibition under paragraph (1) shall take effect on the earlier of— (A) the date on which regulations are prescribed under paragraph (5); or (B) the date that is 3 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021 . (9) Definitions In this subsection: (A) Shark The term shark means any species of the subclass Elasmobranchii. (B) Shark product The term shark product means live sharks, whole sharks, and the meat, skin, oil, fins (including wings and tails), gill rakers, cartilage, jaws, teeth, liver, or any product containing meat, skin, oil, fins (including wings and tails), gill rakers, cartilage, jaws, teeth, or liver derived from sharks. (C) Shark finning The term shark finning means the removal of a shark’s fins, including the tail, and discarding the remaining carcass of the shark at sea. . 3. Actions to strengthen international fishery management organizations Section 608(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826i(a) ) is amended— (1) in paragraph (1), by striking subparagraph (F) and inserting the following: (F) to adopt shark conservation and management measures and measures to prevent shark finning that are consistent with the International Plan of Action for Conservation and Management of Sharks of the Food and Agriculture Organization of the United Nations; ; and (2) by striking paragraph (3) and inserting the following: (3) seeking to enter into international agreements that require measures for the conservation and management of sharks and measures to prevent shark finning that are consistent with the International Plan of Action for Conservation and Management of Sharks; and . 4. Inclusion of rays and skates in Seafood Traceability Program Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations to include rays and skates on the list provided for under subsection (a)(2) of that section. 5. Rules of construction (a) Additional or more stringent requirements Nothing in this Act, or an amendment made by this Act, shall be construed to preempt any Federal or State law establishing additional or more stringent requirements than the requirements of subsection (g) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k ), as added by section 3. (b) Agency responsibilities Nothing in this Act, or an amendment made by this Act, shall be construed to infringe on the duties of any agency other than the Department of Commerce, or to impose additional duties, in enforcing the agency's responsibilities related to imports. 6. Funding There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act— (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.
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II 117th CONGRESS 1st Session S. 1373 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Lummis (for herself, Mrs. Hyde-Smith , Mr. Daines , Mr. Cramer , Mr. Braun , Mr. Crapo , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reduce, from 21 years of age to 18 years of age, the minimum age at which a person may obtain a handgun from a Federal firearms licensee.
1. Short title This Act may be cited as the Second Amendment Mandates Equality Act or the SAME Act . 2. Minimum age for obtaining a handgun from a Federal firearms licensee (a) In general Section 922(b)(1) of title 18, United States Code, is amended by striking , and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age . (b) Conforming amendment Section 922(c)(1) of such title is amended by striking , in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, .
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II 117th CONGRESS 1st Session S. 1374 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Wicker (for himself, Ms. Rosen , Mr. Cornyn , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Director of the National Science Foundation to support STEM education and workforce development research focused on rural areas, and for other purposes.
1. Short title This Act may be cited as the Rural STEM Education Act . 2. Findings Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (2) According to the Bureau of Labor Statistics, the United States will need 1,000,000 more STEM professionals than the United States is on track to produce in the coming decade. (3) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. (5) According to the National Center for Education Statistics, 9,000,000 students in the United States, an amount equal to nearly 20 percent of the total population of students in kindergarten through grade 12, attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation’s urban and suburban schools. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (7) The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, mathematics, geology, computer science, and other scientific fields. (8) It was estimated that by 2020 there would be a projected 1,000,000 more computing jobs than applicants who can fill them. To meet this demand, rural students must acquire computing skills through exposure to computer science learning in prekindergarten through grade 12 and in informal learning settings. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 14,500,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States. 3. National Science Foundation rural STEM activities (a) Preparing Rural STEM Educators (1) In general The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds (A) In general Grants awarded under this subsection shall be used for the research and development activities referred to in paragraph (1), which may include— (i) engaging rural educators of students in prekindergarten through grade 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (B) Rural stem collaborative The Director shall establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in prekindergarten through grade 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. (b) Broadening participation of rural students in STEM (1) In general The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for— (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in prekindergarten through grade 12 in STEM studies. (2) Use of funds (A) In general Grants awarded under this subsection shall be used for the research and development activities referred to in paragraph (1), which may include— (i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach; (iv) improving the National Science Foundation’s Advanced Technology Education program’s coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the Cooperative Extension System services and extramural research programs of the Department of Agriculture and youth serving organizations like 4–H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in prekindergarten through grade 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and (x) any other activity the Director determines will accomplish the goals of this subsection. (c) Application An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following: (1) A description of the target population to be served by the research activity or activities for which such grant is sought. (2) A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in prekindergarten through grade 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) Partnerships In awarding grants under subsection (a) or (b), the Director shall— (1) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in prekindergarten through grade 12 in STEM; and (2) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts. (e) Evaluations All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (f) Accountability and dissemination (1) Evaluation required The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall— (A) assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student’s pursuit of degrees or careers in STEM. (2) Report on evaluations Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes— (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (g) Report by Committee on Equal Opportunities in Science and Engineering (1) In general As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act ( 42 U.S.C. 1885c(e) ) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include— (A) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and (B) an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goal of increasing participation of rural students in prekindergarten through grade 12 in Foundation activities. (2) Technical correction (A) In general Section 313 of the American Innovation and Competitiveness Act ( Public Law 114–329 ) is amended by striking Section 204(e) of the National Science Foundation Authorization Act of 1988 and inserting Section 36(e) of the Science and Engineering Equal Opportunities Act . (B) Applicability The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act ( Public Law 114–329 ). (h) Coordination In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. 4. Opportunities for online education (a) In general The Director shall award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research areas The research areas eligible for funding under this section shall include— (1) evaluating the learning and achievement of rural students in prekindergarten through grade 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in prekindergarten through grade 12; (3) combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this section. (c) Evaluations All proposals for grants under this section shall include an evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (d) Accountability and dissemination (1) Evaluation required The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall— (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried out pursuant to other research on serving rural students and communities. (2) Report on evaluations Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes— (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (e) Coordination In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. 5. National Academy of Sciences evaluation (a) Study Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that— (1) evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in prekindergarten through grade 12 and workforce development in rural areas; (2) in coordination with the Federal Communications Commission, assesses the impact the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in prekindergarten through grade 12 in rural areas; (3) assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; (4) makes recommendations for action at the Federal, State, and local levels for improving STEM education, including online STEM education, for students in prekindergarten through grade 12 and workforce development in rural areas; and (5) makes recommendations to inform the implementation of programs in sections 3 and 4. (b) Report to Director The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy’s findings and recommendations. 6. GAO Review Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes— (1) an assessment of how Federal STEM education programs are serving rural populations; (2) a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas; (3) an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and (4) an assessment of challenges that State and Federal STEM education programs face in reaching rural population centers. 7. Capacity building through EPSCOR Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–9(f)(2) ) is amended— (1) in subparagraph (A), by striking and at the end; and (2) by adding at the end the following: (C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students and teachers; and . 8. NIST engagement with rural communities (a) MEP Outreach Section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) is amended— (1) in subsection (c)— (A) in paragraph (6), by striking community colleges and area career and technical education schools and inserting the following: secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), community colleges, and area career and technical education schools, including those in underserved and rural communities, ; and (B) in paragraph (7)— (i) by striking and local colleges and inserting the following: local high schools and local colleges, including those in underserved and rural communities, ; and (ii) by inserting or other applied learning opportunities after apprenticeships ; and (2) in subsection (d)(3) by striking , community colleges, and area career and technical education schools, and inserting the following: and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities, . (b) Rural Connectivity Prize Competition (1) Prize competition Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the Secretary ), shall carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to unserved rural communities. (2) Plan for deployment in rural communities Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an unserved rural community. (3) Prize amount In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (5) Consultation In carrying out the program under this subsection, the Secretary shall consult with the Federal Communications Commission and the heads of relevant departments and agencies of the Federal Government. 9. NITR–D broadband working group Title I of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 et seq.) is amended by adding at the end the following: 103. Broadband research and development working group (a) In General The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. (b) Activities The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including— (1) promising research areas; (2) requirements for data collection and sharing; (3) opportunities for better alignment and coordination across Federal agencies and external stakeholders; and (4) input on the development of new Federal policies and programs to enhance data collection and research. (c) Coordination The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ), the National Institute of Food and Agriculture of the Department of Agriculture, and the Federal Communications Commission. (d) Report The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). (e) Sunset The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act. . 10. Definitions In this Act: (1) Director The term Director means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 ). (2) Federal laboratory The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). (3) Foundation The term Foundation means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 ). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) STEM The term STEM has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621 note). (6) STEM education The term STEM education has the meaning given the term in section 2 of the STEM Education Act of 2015 ( 42 U.S.C. 6621 note).
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II 117th CONGRESS 1st Session S. 1375 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Blumenthal (for himself, Mr. Merkley , Mr. Markey , Ms. Warren , Mr. Booker , Mrs. Gillibrand , Ms. Hirono , Mr. Sanders , Mr. Cardin , Mr. Wyden , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security.
1. Short title This Act may be cited as the Families Belong Together Act . 2. Definitions In this Act: (1) Eligible child The term eligible child means a person who, regardless of whether the person is in the United States or abroad— (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (2) Eligible parent The term eligible parent means a person who, regardless of whether the person is in the United States or abroad— (A) is a parent or legal guardian of an eligible child; (B) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; (C) was separated from his or her eligible child by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (D) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). 3. Humanitarian parole (a) In general The Secretary of Homeland Security shall grant humanitarian parole into the United States to any eligible parent or eligible child who expressly requests and applies for such parole, whether or not such eligible parent or eligible child is physically present in the United States. (b) Fee and sponsor prohibited The Secretary of Homeland Security may not— (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. (c) Consultation requirement The Secretary of Homeland Security shall consult with the Secretary of State to ensure coordination with local consular officials abroad. 4. Adjustment of status (a) Eligible parents (1) Application Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (2) Adjustment of status Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. (b) Eligible children (1) Application Eligible children in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (2) Adjustment Not later than 30 days after receiving an application from an eligible child pursuant to paragraph (1), the Director shall adjust the status of such child to that of an alien lawfully admitted for permanent residence. (c) Exemption from numerical limitations The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act ( 8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is adjusted pursuant to subsection (a) or (b). (d) Application fees prohibited The Director of U.S. Citizenship and Immigration Services may not impose a fee for— (1) any application submitted under this section; or (2) any filing related to such application, including the submission of biometric information or an application for waiver of grounds of inadmissibility. (e) Eligibility for benefits and services Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1601 et seq.), an eligible parent or eligible child whose status is adjusted to that of an alien lawfully admitted for permanent residence shall be eligible for benefits and services under any Federal or State program or activity to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). 5. Discretion of the Secretary of Homeland Security (a) Waiver of grounds of inadmissibility Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. (b) Savings provision Nothing in this Act may be construed to reduce or diminish the discretion provided to the Secretary of Homeland Security under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). 6. Availability of administrative and judicial review (a) Administrative review Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (b) Judicial review (1) In general Notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an appropriate United States district court. (2) Scope of review and decision Notwithstanding any other provision of law, the review authorized under paragraph (1) shall be de novo and shall be based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary of Homeland Security shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (c) Appointed counsel (1) In general Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (2) Rulemaking Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (3) Funding Counsel appointed pursuant to paragraph (1) shall be paid from amounts appropriated pursuant to section 7(2). (d) Stay of removal An alien seeking administrative or judicial review under this section may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under section 4. 7. Authorization of appropriations (a) In general In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated— (1) $5,000,000 to the Department of State in fiscal year 2021 to locate and educate eligible parents and children abroad about opportunities for humanitarian parole; and (2) $5,000,000 to the Executive Office for Immigration Review of the Department of Justice in fiscal year 2021 for the provision of legal services, including educating eligible parents and eligible children of their rights under this Act. (b) Availability of funds Amounts appropriated pursuant to subsection (a) shall remain available until expended.
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II 117th CONGRESS 1st Session S. 1376 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Stabenow (for herself, Mr. Boozman , Ms. Baldwin , Mr. Cassidy , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the definition of municipal solid waste.
1. Short title This Act may be cited as the Protect America's Paper for Recycling Act . 2. Modification to definition of municipal solid waste (a) In general Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: (6) Municipal solid waste (A) In general The term municipal solid waste has the meaning given the term solid waste under section 1004(27) of the Solid Waste Disposal Act ( 42 U.S.C. 6903(27) ), except that such term does not include— (i) paper which is commonly recycled and which has been segregated from other solid waste (as so defined), or (ii) solid waste (as so defined) which is collected as part of a system which does not provide for the separate collection of paper which is commonly recycled from residential solid waste (as defined in section 246.101 of title 40, Code of Federal Regulations). (B) Special rule with respect to incidental and residual waste Subparagraph (A)(ii) shall not apply to— (i) solid waste (as so defined) which only contains an incidental amount of commonly recycled paper, and (ii) solid waste (as so defined) which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. (C) No effect on existing processes Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act ( 42 U.S.C. 6903 et seq.), nor require a change to the regulations that implement subtitle D of such Act ( 42 U.S.C. 6901 et seq.). . (b) Rules with respect to electricity produced from solid waste Subsection (e) of section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Source of municipal solid waste feedstock In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource— (A) such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and (B) subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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117-s-1377
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II 117th CONGRESS 1st Session S. 1377 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Hirono (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To extend the effective date for the limitation on colocation and administration of veterans educational assistance State approving agencies, and for other purposes.
1. Extension of effective date for limitation on colocation and administration of veterans educational assistance State approving agencies Section 1024(b) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ) is amended by striking on the date that is 180 days after the date of the enactment of this Act and inserting on September 30, 2022 .
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117-s-1378
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II 117th CONGRESS 1st Session S. 1378 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Collins (for herself, Mr. Peters , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Welfare Act to allow for the retirement of certain animals used in Federal research, and for other purposes.
1. Short Title This Act may be cited as the Animal Freedom from Testing, Experiments, and Research Act of 2021 or the AFTER Act of 2021 . 2. Placement of animals used in federal research (a) In general Section 14 of the Animal Welfare Act ( 7 U.S.C. 2144 ) is amended to read as follows: 14. Standards for Federal facilities (a) Definitions In this section: (1) Animal rescue organization The term animal rescue organization means a nonprofit organization the purpose of which is to rescue covered animals and find permanent adoptive homes for those animals. (2) Animal sanctuary The term animal sanctuary means a nonprofit organization that— (A) is registered with the Secretary; (B) operates a place of refuge in which— (i) a covered animal is provided care for the lifetime of the animal; and (ii) an unescorted public visitation of that animal is not permitted; (C) does not engage in commercial trade of covered animals; (D) does not breed covered animals; (E) does not permit direct contact between the public and covered animals; (F) does not allow the use of a covered animal for performance or exhibition purposes; and (G) does not conduct or permit research on a covered animal other than noninvasive behavioral research. (3) Animal shelter The term animal shelter means a facility that— (A) accepts or seizes covered animals— (i) to care for the animals; (ii) to place those animals in a permanent adoptive home; or (iii) for purposes of law enforcement; and (B) does not— (i) engage in commercial trade of covered animals; (ii) breed covered animals; (iii) allow the use of a covered animal for performance or exhibition purposes; or (iv) conduct or permit research on a covered animal other than noninvasive behavioral research. (4) Covered animal (A) In general The term covered animal means an animal that is unwanted, abandoned, or otherwise in need of placement in a home. (B) Exclusions The term covered animal does not include— (i) a rat of the genus Rattus; or (ii) a mouse of the genus Mus. (5) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (6) Suitable for retirement The term suitable for retirement means, with respect to an animal, that the animal has been evaluated by a licensed veterinarian and is determined to be mentally and physically healthy. (b) Laboratory animal facilities and exhibitors (1) In general Except as provided in paragraph (2), any department, agency, or instrumentality of the United States that operates laboratory animal facilities or exhibits animals shall comply with the standards and other requirements promulgated by the Secretary under subsections (a), (g), (h), and (i) of section 13. (2) Exception A department, agency, or instrumentality of the United States that operates laboratory animal facilities shall not be required to comply with the standards and other requirements promulgated by the Secretary under section 13(g) in the case of transporting a chimpanzee that has been used, or was bred or purchased for use, in research conducted or supported by a Federal agency to an animal sanctuary or into the sanctuary system established under section 404K of the Public Health Service Act ( 42 U.S.C. 283m ). (c) Retirement (1) In general Not later than 90 days after the date of enactment of the AFTER Act of 2021 , any department, agency, or instrumentality of the United States operating a Federal research facility shall, after public notice and comment, promulgate regulations that, with respect to any animal of the facility that is no longer needed for research and determined to be suitable for retirement— (A) facilitate and encourage the adoption of the animal by, or placement of the animal with— (i) an animal rescue organization, animal sanctuary, animal shelter, or individual who intends to keep the animal as a pet; or (ii) in the case of a nonhuman primate, an animal sanctuary; and (B) to the maximum extent practicable, collaborate with appropriate nonprofit organizations to carry out subparagraph (A). (2) National placement The regulations promulgated to carry out paragraph (1)(A) shall include consideration of placing animals with the entities described in that subparagraph that are located beyond the immediate geographic vicinity of the Federal research facility at which the animal being retired is located. (3) Transport of chimpanzees The regulations promulgated to carry out paragraph (1)(A) shall not prohibit or otherwise prevent the transport of a chimpanzee that has been used, or was bred or purchased for use, in research conducted or supported by a Federal agency to an animal sanctuary or into the sanctuary system established under section 404K of the Public Health Service Act ( 42 U.S.C. 283m ). (d) Effect on other laws Nothing in this section shall— (1) preempt any State or local law relating to the adoption or placement of animals used in research that is more stringent than the requirements of this section; (2) prohibit the transport of a chimpanzee that has been used, or was bred or purchased for use, in research conducted or supported by a Federal agency to an animal sanctuary or into the sanctuary system established under section 404K of the Public Health Service Act ( 42 U.S.C. 283m ); or (3) prevent a State or unit of local government from adopting or enforcing an animal welfare law that is more stringent than this section. . (b) Technical amendments Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by redesignating the second subsection (f) (relating to the certification requirement for the delivery of any animal) as subsection (g).
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117-s-1379
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II 117th CONGRESS 1st Session S. 1379 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Blumenthal (for himself, Ms. Smith , Mr. Reed , Mr. Van Hollen , Ms. Klobuchar , Ms. Hirono , Mrs. Shaheen , Mr. Sanders , Mr. Wyden , Mr. Markey , Ms. Rosen , Mr. Brown , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Combating Sexual Harassment in Science 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. Findings. Sec. 3. Definitions. Sec. 4. Research grants. Sec. 5. Data collection. Sec. 6. Responsible conduct guide. Sec. 7. Interagency working group. Sec. 8. National academies assessment. Sec. 9. Government Accountability Office Study. 2. Findings Congress makes the following findings: (1) According to the report issued by the National Academies of Sciences, Engineering, and Medicine in 2018 entitled Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine — (A) sexual harassment is pervasive in institutions of higher education; (B) the most common type of sexual harassment is gender harassment, which includes verbal and nonverbal behaviors that convey insulting, hostile, and degrading attitudes about members of one gender; (C) 58 percent of employees in the academic workplace experience sexual harassment, the second highest rate when compared to the military, the private sector, and Federal, State, and local government; (D) women of color are more likely to experience sexual harassment and to feel unsafe at work than white women, white men, or men of color; (E) the training for each individual who has a doctor of philosophy in the science, technology, engineering, and mathematics fields is estimated to cost approximately $500,000; and (F) attrition of an individual so trained results in a loss of talent and money. (2) Sexual harassment undermines career advancement for women. (3) According to a 2017 study led by Dr. Kathryn Clancy at the University of Illinois, among astronomers and planetary scientists, 18 percent of women of color and 12 percent of white women skipped professional events because they did not feel safe attending. (4) Many women report leaving employment at institutions of higher education due to sexual harassment. (5) Research shows the majority of individuals do not formally report experiences of sexual harassment due to a justified fear of retaliation or other negative professional or personal consequences. (6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility. (7) There is not adequate communication among Federal science agencies and between such agencies and grant recipients regarding reports of sexual harassment, which has resulted in harassers receiving Federal funding after moving to a different institution. 3. Definitions In this Act: (1) Academies The term Academies means the National Academies of Sciences, Engineering, and Medicine. (2) Director The term Director means the Director of the National Science Foundation. (3) Federal science agency The term Federal science agency means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Grant personnel The term grant personnel means principal investigators and co-principal investigators supported by a grant award under Federal law and their trainees. (5) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (6) Recipient The term recipient means an entity, usually a non-Federal entity, that receives a Federal award directly from a Federal awarding agency. The term recipient does not include entities that receive subgrants or individuals that are the beneficiaries of the award. (7) Sexual harassment The term sexual harassment means conduct that encompasses— (A) verbal and nonverbal behaviors that are severe and pervasive and convey, among other things, hostility, objectification, ridicule, exclusion, or second-class status about one’s sex (including sexual orientation, gender identity, gender presentation, or pregnancy status); (B) unwelcome sexual advances; (C) unwanted physical contact that is sexual in nature, including assault; (D) unwanted sexual attention, including sexual comments and propositions for sexual activity; (E) conditioning professional or educational benefits on sexual activity; and (F) retaliation for rejecting unwanted sexual attention. 4. Research grants (a) In general The Director shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations)— (1) to expand research efforts to better understand the factors contributing to, and consequences of, sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce, including students and trainees; and (2) to examine interventions to reduce the incidence and negative consequences of such harassment. (b) Use of funds Activities funded by a grant under this section may include— (1) research on the sexual harassment experiences of individuals in underrepresented or vulnerable groups, including communities of color, disabled individuals, foreign nationals, sexual- and gender-minority individuals, and others; (2) development and assessment of policies, procedures, trainings, and interventions, with respect to sexual harassment, conflict management, and ways to foster respectful and inclusive climates; (3) research on approaches for remediating the negative impacts and outcomes of such harassment on individuals experiencing such harassment; (4) support for institutions of higher education or nonprofit organizations to develop, adapt, implement, and assess the impact of innovative, evidence-based strategies, policies, and approaches to policy implementation to prevent and address sexual harassment; (5) research on alternatives to the power dynamics and hierarchical and dependent relationships in academia that have been shown to create higher levels of risk for and lower levels of reporting of sexual harassment; and (6) establishing a center for the ongoing compilation, management, and analysis of organizational climate survey data. 5. Data collection Not later than 180 days after the date of enactment of this Act, the Director, through the National Center for Science and Engineering Statistics and with guidance from the Office of Management and Budget given their oversight of the Federal statistical agencies, shall convene a working group composed of representatives of Federal statistical agencies— (1) to develop questions on sexual harassment in science, technology, engineering, and mathematics departments to gather national data on the prevalence, nature, and implications of sexual harassment in institutions of higher education that builds on the work conducted by the National Center for Science and Engineering Statistics in response to recommendations from the Academies to develop questions on harassment; and (2) to include such questions as appropriate, with sufficient protections of the privacy of respondents, in relevant surveys conducted by the National Center for Science and Engineering Statistics and other relevant entities. 6. Responsible conduct guide (a) In general Not later than 180 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to update the report entitled On Being a Scientist: A Guide to Responsible Conduct in Research issued by the Academies. The report, as so updated, shall include— (1) updated professional standards of conduct in research; (2) standards of treatment individuals can expect to receive under such updated standards of conduct; (3) evidence-based practices for fostering a climate intolerant of sexual harassment; (4) methods, including bystander intervention, for identifying and addressing incidents of sexual harassment; (5) professional standards for mentorship and teaching with an emphasis on power diffusion mechanisms and preventing sexual harassment; and (6) recommended vetting and hiring practices scientific research entities are urged to implement to increase diversity and eliminate serial harassers. (b) Recommendations In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine and other relevant studies and evidence. (c) Report Not later than 18 months after the effective date of the agreement under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection. 7. Interagency working group (a) In general The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish an interagency working group for the purpose of coordinating Federal science agency efforts to reduce the prevalence of sexual harassment involving grant personnel. The working group shall be chaired by the Director of the Office of Science and Technology Policy (or the Director’s designee) and shall include a representative from each Federal science agency with annual extramural research expenditures totaling over $1,000,000,000, representatives from the Department of Education, and a representative from the Equal Employment Opportunity Commission. (b) Responsibilities of working group The interagency working group established under subsection (a) shall coordinate Federal science agency efforts to implement the policy guidelines developed under subsection (c)(2). (c) Responsibilities of OSTP The Director of the Office of Science and Technology Policy shall— (1) not later than 90 days after the date of the enactment of this Act, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an inventory of Federal science agency policies, procedures, and resources dedicated to preventing and responding to reports of sexual harassment; (2) not later than 6 months after the date on which the inventory is submitted under paragraph (1)— (A) in consultation with outside stakeholders, develop a set of policy guidelines for Federal science agencies; and (B) submit a report to the committees referred to in paragraph (1) containing such guidelines; (3) encourage and monitor efforts of Federal science agencies to develop or maintain and implement policies based on the guidelines developed under paragraph (2); (4) not later than 1 year after the date on which the inventory under paragraph (1) is submitted, and every 5 years thereafter, the Director of the Office of Science and Technology Policy shall report to Congress on the implementation by Federal science agencies of the policy guidelines developed under paragraph (2); and (5) update such policy guidelines as needed. (d) Requirements (1) In General In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider guidelines that require— (A) recipients to submit to the Federal science agency or agencies from which the recipients receive funding reports relating to— (i) findings or determinations of sexual harassment by or of grant personnel; and (ii) any decisions made to place grant personnel on administrative leave or impose any administrative action on grant personnel related to any sexual harassment investigation; (B) the updating, sharing, and archiving of reports of sexual harassment from recipients submitted under subparagraph (A) with relevant Federal science agencies by agency request; and (C) to the extent practicable, consistency among relevant Federal science agencies with regards to the policies and procedures for receiving reports submitted pursuant to subparagraph (A). (2) FERPA The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). (e) Considerations In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider protocols that— (1) require recipients that receive funds from Federal science agencies to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; (2) require recipients that receive funds from Federal science agencies to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by gender and, if possible, race, ethnicity, disability status, and sexual orientation; (3) require recipients that receive funds from Federal science agencies to make public on an annual basis the number of reports of sexual harassment at that institution or organization; (4) require recipients that receive funds from Federal science agencies to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of and improve the reporting of sexual harassment; (5) require each entity applying for Federal assistance awards from a Federal science agency to have a code of conduct for maintaining a healthy and welcoming workplace for grant personnel posted on their public website; (6) require each recipient that receives funds from Federal science agencies to have in place mechanisms for the re-integration of individuals who have experienced sexual harassment; and (7) reward and incentivize recipients that receive funds from Federal science agencies that are working to create a climate intolerant of sexual harassment and that values and promotes diversity and inclusion. (f) Federal science agency implementation Each Federal science agency shall— (1) develop or maintain and implement policies with respect to sexual harassment that are consistent with policy guidelines under subsection (c)(2) and that protect the privacy of all parties involved in any report and investigation of sexual harassment, except to the extent necessary to carry out an investigation; and (2) broadly disseminate such policies to current and potential recipients of research grants awarded by such agency. (g) Sunset The interagency working group established under subsection (a) shall terminate on the date that is 7 years after the date of the enactment of this Act. 8. National academies assessment Not later than 3 years after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to undertake a study of the influence of sexual harassment in institutions of higher education on the career advancement of individuals in the scientific, engineering, technical, and mathematics workforce. The study shall assess— (1) the state of research on sexual harassment in such workforce; (2) whether research demonstrates a decrease in the prevalence of sexual harassment in such workforce; (3) the progress made with respect to implementing recommendations promulgated in the Academies consensus study report entitled Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine ; and (4) where to focus future efforts with respect to decreasing sexual harassment in such institutions. 9. Government Accountability Office Study Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) complete a study that assesses the degree to which Federal science agencies have implemented the policy guidelines developed under section 7(c)(2) and the effectiveness of that implementation; and (2) submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of such study, including recommendations on potential changes to practices and policies to improve those guidelines and that implementation.
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117-s-1380
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II 117th CONGRESS 1st Session S. 1380 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Casey (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require automatic sealing of certain criminal records, and for other purposes.
1. Short title This Act may be cited as the Clean Slate Act of 2021 . 2. Sealing of certain records (a) Amendment Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following: 3560. Automatic sealing of certain records (a) Definitions In this section— (1) the term covered individual means an individual who— (A) is not a sex offender; (B) has been— (i) arrested for a Federal offense for which the individual was not convicted; or (ii) convicted of an offense under section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) or any Federal nonviolent offense involving marijuana; (C) in the case of a conviction described in subparagraph (B)(ii), has fulfilled each requirement of the sentence for the offense, including— (i) completing each term of imprisonment, probation, or supervised release; and (ii) satisfying each condition of imprisonment, probation, or supervised release; and (D) has not been convicted for any offense related to treason, terrorism, access and transmission of sensitive defense information, or other national security related convictions; (2) the term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (3) the term nonviolent offense means an offense that is not a crime of violence, as defined in subparagraphs (A) and (C) of section 3156(a)(4); and (4) the term sex offender has the meaning given the term in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20911 ). (b) Automatic sealing for certain arrests and nonviolent offenses (1) In general At the time of sentencing of a covered individual for a conviction for an offense pursuant to section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) or any Federal nonviolent offense involving marijuana, the court shall enter an order that each record and portion thereof that relates to the offense shall be sealed automatically on the date that is 1 year after the covered individual fulfills each requirement of the sentence, including— (A) completing each term of imprisonment, probation, or supervised release; and (B) satisfying each condition of imprisonment, probation, or supervised release. (2) Acquittal; determination not to file charges (A) Acquittal Not later than 60 days after the date on which a covered individual is acquitted, exonerated, or otherwise subject to a judgment which did not result in a conviction for a Federal offense, each record or portion thereof that relates to the Federal offense shall be sealed automatically. (B) Determination not to file charges (i) In general If a covered individual is arrested for a Federal offense and the Government does not file charges against the covered individual in relation to the Federal offense before the date that is 180 days after the date on which the arrest was made, each record or portion thereof that relates to the arrest and Federal offense shall be sealed automatically on such date. (ii) Unsealing for filing of charges At the request of the Government, a court may unseal a record sealed under clause (i) in order for the Government to file charges against the covered individual in relation to the Federal offense described in clause (i). (iii) Limitation If a record is unsealed under clause (ii), the record may only be resealed in accordance with paragraph (1) or subparagraph (A) of this paragraph. (c) Effect of sealing order (1) Protection from access Except as provided in paragraph (4), a record that has been sealed under this section or section 3560A shall not be accessible to any person. (2) Protection from perjury laws (A) In general Except as provided in subparagraph (B), an individual whose record has been sealed pursuant to this section shall not be required to disclose the existence of or any information contained in the individual’s sealed record, and shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including under section 1001, 1621, 1622, or 1623, for failing to recite or acknowledge any information that has been sealed with respect to the offense, or respond to any inquiry made of the individual, relating to the protected information. (B) Exception An individual whose record has been sealed pursuant to this section shall disclose information contained in such record— (i) when testifying in court; (ii) in the course of questioning by a law enforcement officer in connection with a subsequent criminal investigation; or (iii) in connection with employment described in subclause (I) or (II) of paragraph (4)(A)(ii) that the individual is seeking. (3) Background checks Except as provided in paragraph (4), the existence of a record of an individual which has been sealed pursuant to this section, or the information contained therein, shall not be included in any background check conducted on such individual. (4) Exceptions (A) Law enforcement and court access An officer or employee of a law enforcement agency or a court may access a record of an individual which has been sealed pursuant to this section and is in the possession of the agency or court, or another law enforcement agency or court, solely— (i) for investigatory or prosecutorial purposes; or (ii) for a background check that relates to— (I) employment with a law enforcement agency; (II) any position that a Federal agency designates as a— (aa) national security position; or (bb) high-risk, public trust position; or (III) the manufacture, importation, sale, transfer, possession, or carrying of firearms, explosives, or ammunition. (B) Disclosure An officer or employee of a law enforcement agency or a court may disclose information contained in a sealed record only in order to carry out the purposes described in subparagraph (A). (d) Individual access Any individual whose record has been sealed pursuant to this section or section 3560A may access the information contained in the individual’s sealed record. (e) Penalty for unauthorized disclosure (1) In general Whoever knowingly accesses or discloses information contained in a record sealed under this section or section 3560A in a manner that is prohibited under this section, shall be fined under this title, imprisoned for not more than 1 year, or both. (2) Rule of construction Nothing in this subsection prevents a covered individual or an individual who was the crime victim (as such term is defined in section 3771(e)) from accessing or disclosing information contained in record sealed under this section or section 3560A. (f) Rule of construction Nothing in this section or section 3560A shall abrogate or constrain the authority of a judge or judicial body to vacate a judgment or sentence. (g) Rulemaking The Attorney General shall, by rule, establish a process to ensure that any record in the possession of a Federal agency required to be sealed under this section is automatically sealed in accordance with this section. (h) Applicability This section shall apply to an arrest that occurred or conviction that was entered before, on, or after the date of enactment of this section. Not later than 2 years after the date of the enactment of this section, the Attorney General shall ensure that any record related to an arrest or conviction that occurred or was entered prior to the automatic sealing of such a record, which record is required to be sealed under this section, is so sealed. (i) Employer immunity from liability An employer who employs or otherwise engages an individual whose criminal records were sealed pursuant to this section shall be immune from liability for any claim arising out of the misconduct of the individual, if the misconduct relates to the portion of the criminal records that were sealed pursuant to this section. (j) Establishment of partnerships (1) In general The Administrative Office of the United States Courts or the Attorney General may enter into a contract with or make grants to an organization with expertise in creating digital and technological systems to develop an efficient and effective process for automatically sealing records in accordance with this section. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $2,000,000 to the Administrative Office of the United States Courts; and (B) $2,000,000 to the Attorney General. 3560A. Sealing of certain records upon petition (a) Definitions In this section— (1) the term covered nonviolent offense means a Federal criminal offense that is not— (A) a crime of violence (as defined in subparagraphs (A) and (C) of section 3156(a)(4)); or (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 )); (2) the term eligible individual means an individual who— (A) has been convicted of a covered nonviolent offense; (B) has fulfilled each requirement of the sentence for the covered nonviolent offense, including— (i) completing each term of imprisonment, probation, or supervised release; and (ii) satisfying each condition of imprisonment, probation, or supervised release; (C) has not been convicted of more than 2 felonies that are covered nonviolent offenses, including any such convictions that have been sealed (except that for purposes of this subparagraph, 2 or more felony convictions that are covered nonviolent offenses arising out of the same act, or acts committed at the same time, shall be treated as one felony conviction); (D) has not been convicted of any felony that is not a covered nonviolent offense; and (E) has not been convicted for any offense related to treason, terrorism, access and transmission of sensitive defense information, or other national security related convictions; (3) the term petitioner means an individual who files a sealing petition; (4) the term protected information , with respect to a covered nonviolent offense, means any reference to— (A) an arrest, conviction, or sentence of an individual for the offense; (B) the institution of criminal proceedings against an individual for the offense; or (C) the result of criminal proceedings described in subparagraph (B); (5) the term sealing hearing means a hearing held under subsection (c)(2); and (6) the term sealing petition means a petition for a sealing order filed under subsection (b). (b) Right To file sealing petition (1) In general On and after the date that is 1 year after the date on which the eligible individual has fulfilled each requirement described in subsection (a)(2)(B), an eligible individual may file a petition for a sealing order with respect to a covered nonviolent offense in a district court of the United States. (2) Notice of opportunity to file petition (A) In general If an individual is convicted of a covered nonviolent offense and will potentially be eligible to file a sealing petition with respect to the offense upon fulfilling each requirement of the sentence for the offense as described in subsection (a)(2)(B), the court in which the individual is convicted shall, in writing, inform the individual, on each date described in subparagraph (B), of— (i) that potential eligibility; (ii) the necessary procedures for filing the sealing petition; and (iii) the benefits of sealing a record. (B) Dates The dates described in this subparagraph are— (i) the date on which the individual is convicted; and (ii) the date on which the individual has completed every term of imprisonment, probation, or supervised release relating to the offense. (c) Procedures (1) Notification to prosecutor If an individual files a petition under subsection (b), the district court in which the petition is filed shall provide notice of the petition— (A) to the office of the United States attorney that prosecuted the petitioner for the offense; and (B) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to the— (i) conduct of the petitioner since the date of the offense; or (ii) reasons that the sealing order should be entered. (2) Notification to crime victims Upon receipt of a notification under paragraph (1)(A) by an office of the United States attorney, the office shall make reasonable efforts to identify any individual who was a crime victim (as such term is defined in section 3771) of the offense and provide notice of the petition. (3) Hearing (A) In general Not later than 180 days after the date on which an individual files a sealing petition, the district court shall— (i) except as provided in subparagraph (D), conduct a hearing in accordance with subparagraph (B); and (ii) determine whether to enter a sealing order for the individual in accordance with paragraph (4). (B) Opportunity to testify and offer evidence (i) Petitioner The petitioner may testify or offer evidence at the sealing hearing in support of sealing. (ii) Prosecutor The office of a United States attorney that receives notice under paragraph (1)(A) may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. (iii) Other individuals At the request of a petitioner, the district court in which the petition is filed shall issue a subpoena requiring an individual who receives notice under paragraph (1)(B) to testify or offer evidence at the sealing hearing as to the issues described in clauses (i) and (ii) of that paragraph. (C) Magistrate judges (i) In general A magistrate judge may preside over a hearing under this paragraph, and submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any sealing petition filed under this subsection. (ii) Recommendations Not later than 14 days after being served with a copy, any party may serve and file written objections to the proposed findings and recommendations of the magistrate judge as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. (D) Waiver of hearing If the petitioner and the United States attorney that receives notice under paragraph (1)(A) so agree, the court shall make a determination under paragraph (4) without a hearing. (4) Basis for decision (A) In general In determining whether to enter a sealing order with respect to protected information relating to a covered nonviolent offense, the court— (i) shall consider— (I) the petition and any documents in the possession of the court; and (II) all the evidence and testimony presented at the sealing hearing, if such a hearing is conducted; (ii) may not consider any non-Federal nonviolent crimes for which the petitioner has been arrested or proceeded against, or of which the petitioner has been convicted; and (iii) shall balance— (I) (aa) the interest of public knowledge and safety; and (bb) the legitimate interest, if any, of the Government in maintaining the accessibility of the protected information, including any potential impact of sealing the protected information on Federal licensure, permit, or employment restrictions; against (II) (aa) the conduct and demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community; and (bb) the interest of the petitioner in having the protected information sealed, including the harm of the protected information to the ability of the petitioner to secure and maintain employment. (B) Burden on government The burden shall be on the Government to show that the interests under subclause (I) of subparagraph (A)(iii) outweigh the interests of the petitioner under subclause (II) of that subparagraph. (5) Waiting period after denial If the district court denies a sealing petition, the petitioner may not file a new sealing petition with respect to the same offense until the date that is 2 years after the date of the denial. (6) Universal form The Director of the Administrative Office of the United States Courts shall create a universal form, available over the Internet and in paper form, that an individual may use to file a sealing petition. (7) Fee waiver The Director of the Administrative Office of the United States Courts shall by regulation establish a minimally burdensome process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition. (8) Effect of sealing Subsections (c) through (e) of section 3560 shall apply to any record that is sealed under this section. (9) Public defender eligibility The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this section. (d) Rule of construction Nothing in this section may be construed to require a covered individual (as such term is defined in section 3560) to submit a sealing petition with respect to records required to be automatically sealed under section 3560. (e) Reporting Not later than 2 years after the date of enactment of this section, and each year thereafter, each district court of the United States shall issue a public report that— (1) describes— (A) the number of sealing petitions granted and denied under this section; and (B) the number of instances in which the office of a United States attorney supported or opposed a sealing petition; (2) includes any supporting data that the court determines relevant and that does not name any petitioner; and (3) disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. (f) Employer immunity from liability An employer who employs or otherwise engages an individual whose criminal records were sealed pursuant to this section shall be immune from liability for any claim arising out of the misconduct of the individual, if the misconduct relates to the portion of the criminal records that were sealed pursuant to this section. . (b) Table of sections The table of sections for subchapter A of chapter 227 of title 18, United States Code, is amended by inserting after the item relating to section 3559 the following: 3560. Automatic sealing of certain records. 3560A. Sealing of certain records upon petition. .
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117-s-1381
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II 117th CONGRESS 1st Session S. 1381 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mrs. Capito (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to make amendments to the E-rate program of the Commission, and for other purposes.
1. Short title This Act may be cited as the Every Child Connected Act . 2. E-rate program (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term covered household means a household with a child eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) or free or reduced price school breakfasts under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.); (3) the term distance learning has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and (4) the term E-rate program means the universal service program set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulations). (b) Updates to E-Rate program (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall amend the E-rate program to provide that— (A) activities that are integral, immediate, and proximate to the education of a student, even if those activities are performed in a covered household, qualify as activities that are for educational purposes for the purposes of the E-rate program; (B) a covered household in which a student is engaged or participating in distance learning shall be deemed to be a classroom for the purposes of the E-rate program; and (C) the eligibility of a school under the E-rate program, or any support received by a school through the E-rate program, shall not be diminished if the school extends services obtained through the E-rate program to a covered household. (2) Coordination In making the amendments required under paragraph (1), the Commission shall coordinate with the Secretary of Education and appropriate instrumentalities of State and local governments. (3) Technical and conforming amendments Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended— (A) in subsection (b)(6), by inserting covered households (as defined in section 2(a) of the Every Child Connected Act and solely for the purposes described in section 2(b)(1) of that Act), after schools and classrooms, ; (B) in subsection (c)(3), by inserting covered households (as defined in section 2(a) of the Every Child Connected Act and solely for the purposes described in section 2(b)(1) of that Act), after schools, ; and (C) in subsection (h)— (i) in paragraph (1)(B), in the first sentence of the matter preceding clause (i), by inserting covered households (as defined in section 2(a) of the Every Child Connected Act and solely for the purposes described in section 2(b)(1) of that Act), after secondary schools, ; and (ii) in paragraph (2)— (I) in subparagraph (A), by inserting covered households (as defined in section 2(a) of the Every Child Connected Act and solely for the purposes described in section 2(b)(1) of that Act), after classrooms, ; and (II) in subparagraph (B), by inserting or household after public institutional .
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117-s-1382
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II 117th CONGRESS 1st Session S. 1382 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Marshall (for himself, Mr. Barrasso , Mrs. Blackburn , Mr. Boozman , Mr. Braun , Mr. Cassidy , Mr. Cramer , Mr. Crapo , Mr. Daines , Mrs. Fischer , Mr. Hagerty , Mrs. Hyde-Smith , Mr. Inhofe , Mr. Kennedy , Mr. Lankford , Ms. Lummis , Mr. McConnell , Mr. Moran , Mr. Portman , Mr. Risch , Mr. Rounds , Mr. Rubio , Mr. Scott of Florida , Mr. Thune , Mr. Tillis , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to prohibit abortion providers from receiving a covered loan under the paycheck protection program, and for other purposes.
1. Short Title This Act may be cited as the Abortion Providers Loan Elimination Act . 2. Findings Congress finds the following: (1) The Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) disqualified affiliations from applying for and receiving loans through the paycheck protection program established under section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ). (2) Section 7(a)(36)(D)(vi) of the Small Business Act ( 15 U.S.C. 7(a)(36)(D)(vi) ), as added by the Coronavirus Aid, Relief, and Economic Security Act, established that affiliation rules apply to nonprofits for the purpose of determining whether a nonprofit has 500 or fewer employees. (3) Planned Parenthood Federation of America, a national organization with central control over its affiliates and which has nearly $2,000,000,000 in assets and 16,000 employees, improperly applied for, and received $80,000,000 in loans through the paycheck protection program. (4) In May of 2020, the Small Business Administration sent letters to the 38 Planned Parenthood affiliates who had improperly applied for and received funds under the paycheck protection program contrary to the letter of the law, instructing the affiliates to return the funding. (5) According to the most recently available data, 7 affiliates did so, but the remaining 31 affiliates kept the received funding despite receiving notice that they had received such funds illegally. (6) As of March 23, 2021, 3 of the 31 Planned Parenthood affiliates again applied for and received second draw loans under section 7(a)(37) of the Small Business Act ( 15 U.S.C. 636(a)(37) ) for a combined $4,800,000 of additional funding. 3. Paycheck Protection Program (a) In General Section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ) is amended by adding at the end the following: (W) Prohibition on Covered Loans for Abortion Providers (i) In General Except as provided in clause (ii), no individual or entity that provides abortions shall be eligible to receive a covered loan. (ii) Exceptions Clause (i) shall not apply to— (I) a hospital, as defined in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) ); or (II) an entity that exclusively provides abortions described in section 507(a) of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ). . (b) Effective Date The amendment made by this section shall be effective as if included in the enactment of the CARES Act ( Public Law 116–136 ). 4. Inspector General report Not later than 6 months after the date of enactment of this Act, the Inspector General of the Small Business Administration shall conduct an investigation and submit to Congress a report on the number of covered loans made to the Planned Parenthood Federation of America pursuant to section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ) and to other individuals or entities that provide abortions.
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117-s-1383
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II 117th CONGRESS 1st Session S. 1383 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Cornyn (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to direct the Secretary of Health and Human Services to develop best practices for the establishment and use of behavioral intervention teams at schools, and for other purposes.
1. Short title This Act may be cited as the Behavioral Intervention Guidelines Act of 2021 . 2. Best practices for behavioral intervention teams The Public Health Service Act is amended by inserting after section 520G of such Act ( 42 U.S.C. 290bb–38 ) the following new section: 520H. Best practices for behavioral intervention teams (a) In general The Secretary shall identify and facilitate the development of best practices to assist elementary schools, secondary schools, and institutions of higher education in establishing and using behavioral intervention teams. (b) Elements The best practices under subsection (a)(1) shall include guidance on the following: (1) How behavioral intervention teams can operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights of individuals. (2) The use of behavioral intervention teams to identify concerning behaviors, implement interventions, and manage risk through the framework of the school’s or institution’s rules or code of conduct, as applicable. (3) How behavioral intervention teams can, when assessing an individual— (A) access training on evidence-based, threat-assessment rubrics; (B) ensure that such teams— (i) have trained, diverse stakeholders with varied expertise; and (ii) use cross validation by a wide-range of individual perspectives on the team; and (C) use violence risk assessment. (4) How behavioral intervention teams can help mitigate— (A) inappropriate use of a mental health assessment; (B) inappropriate limitations or restrictions on law enforcement’s jurisdiction over criminal matters; (C) attempts to substitute the behavioral intervention process in place of a criminal process, or impede a criminal process, when an individual’s behavior has potential criminal implications; (D) endangerment of an individual’s privacy by failing to ensure that all applicable Federal and State privacy laws are fully complied with; or (E) inappropriate referrals to, or involvement of, law enforcement when an individual’s behavior does not warrant a criminal response. (c) Consultation In carrying out subsection (a)(1), the Secretary shall consult with— (1) the Secretary of Education; (2) the Director of the National Threat Assessment Center of the United States Secretary Service; (3) the Attorney General and the Director of the Bureau of Justice Assistance; (4) teachers and other educators, principals, school administrators, school board members, school psychologists, mental health professionals, and parents of students; (5) local law enforcement agencies and campus law enforcement administrators; (6) privacy experts; and (7) other education and mental health professionals as the Secretary deems appropriate. (d) Publication Not later than 2 years after the date of enactment of this section, the Secretary shall publish the best practices under subsection (a)(1) on the internet website of the Department of Health and Human Services. (e) Technical assistance The Secretary shall provide technical assistance to institutions of higher education, elementary schools, and secondary schools to assist such institutions and schools in implementing the best practices under subsection (a). (f) Definitions In this section: (1) The term behavioral intervention team means a team of qualified individuals who— (A) are responsible for identifying and assessing individuals exhibiting concerning behaviors, experiencing distress, or who are at risk of harm to self or others; (B) develop and facilitate implementation of evidence-based interventions to mitigate the threat of harm to self or others posed by an individual and address the mental and behavioral health needs of individuals to reduce risk; and (C) provide information to students, parents, and school employees on recognizing behavior described in this subsection. (2) The terms elementary school , parent , and secondary school have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term institution of higher education has the meaning given to such term in section 102 of the Higher Education Act of 1965. (4) The term mental health assessment means an evaluation, primarily focused on diagnosis, determining the need for involuntary commitment, medication management, and on-going treatment recommendations. (5) The term violence risk assessment means a broad determination of the potential risk of violence based on evidence-based literature. .
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117-s-1384
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II 117th CONGRESS 1st Session S. 1384 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Hagerty introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To repeal section 230 of the Communications Act of 1934 and ensure reasonable, non-discriminatory access to online communications platforms.
1. Short title This Act may be cited as the 21st Century Foundation for the Right to Express and Engage in Speech Act or the 21st Century FREE Speech Act . 2. Reasonable, non-discriminatory access to online communications platforms; blocking and screening of offensive material (a) In general Part I of title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq.) is amended— (1) by striking section 230; and (2) by adding at the end the following: 232. Reasonable, non-discriminatory access to online communications platforms; blocking and screening of offensive material (a) Findings Congress finds the following: (1) The rapidly developing array of internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. (2) These services often offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology continues to develop. (3) The internet and other interactive computer services offer a forum for a true diversity of political discourse and viewpoints, unique opportunities for cultural development, and myriad avenues for intellectual activity, and regulation of the internet must be tailored to supporting those activities. (4) The internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation, and regulation should be limited to what is necessary to preserve the societal benefits provided by the internet. (5) Increasingly Americans rely on internet platforms and websites for a variety of political, educational, cultural, and entertainment services and for communication with one another. (b) Policy It is the policy of the United States— (1) to promote the continued development of the internet and other interactive computer services and other interactive media; (2) to preserve a vibrant and competitive free market for the internet and other interactive computer services; (3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the internet and other interactive computer services, rather than control and censorship driven by interactive computer services; (4) to facilitate the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material; (5) (A) to ensure that the internet serves as an open forum for— (i) a true diversity of discourse and viewpoints, including political discourse and viewpoints; (ii) unique opportunities for cultural development; and (iii) myriad avenues for intellectual activity; and (B) given that the internet is the dominant platform for communication and public debate today, to ensure that major internet communications platforms, which function as common carriers in terms of their size, usage, and necessity, are available to all users on reasonable and non-discriminatory terms free from public or private censorship of religious and political speech; (6) to promote consumer protection and transparency regarding information and content management practices by major internet platforms to— (A) ensure that consumers understand— (i) the products they are using; and (ii) what information is being presented to them and why; and (B) prevent deceptive or undetectable actions that filter the information presented to consumers; and (7) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in online obscenity, stalking, and harassment. (c) Reasonable and nondiscriminatory access to common carrier technology companies (1) In general A common carrier technology company, with respect to the interactive computer service provided by the company— (A) shall furnish the interactive computer service to all persons upon reasonable request; (B) may not unjustly or unreasonably discriminate in charges, practices, classifications, regulations, facilities, treatment, or services for or in connection with the furnishing of the interactive computer service, directly or indirectly, by any means or device; (C) may not make or give any undue or unreasonable preference or advantage to any particular person, class of persons, political or religious group or affiliation, or locality; and (D) may not subject any particular person, class of persons, political or religious group or affiliation, or locality to any undue or unreasonable prejudice or disadvantage. (2) Applicability to broadband Paragraph (1) shall not apply with respect to the provision of broadband internet access service. (d) Consumer protection and transparency regarding common carrier technology companies (1) In general A common carrier technology company shall disclose, through a publicly available, easily accessible website, accurate material regarding the content management, moderation, promotion, account termination and suspension, and curation mechanisms and practices of the company sufficient to enable— (A) consumers to make informed choices regarding use of the interactive computer service provided by the company; and (B) persons to develop, market, and maintain consumer-driven content management mechanisms with respect to the interactive computer service provided by the company. (2) Best practices The Commission, after soliciting comments from the public, shall publish best practices for common carrier technology companies to disclose content management, moderation, promotion, account termination and suspension, and curation mechanisms and practices in accordance with paragraph (1). (3) Applicability to broadband Paragraph (1) shall not apply with respect to the provision of broadband internet access service. (e) Protection for Good Samaritan blocking and screening of offensive material (1) Treatment of publisher or speaker (A) In general No provider or user of an interactive computer service shall be treated as the publisher or speaker of any material provided by another information content provider. (B) Exception Subparagraph (A) shall not apply to any affirmative act by a provider or user of an interactive computer service with respect to material posted on the interactive computer service, whether the act is carried out manually or through use of an algorithm or other automated or semi-automated process, including— (i) providing its own material; (ii) commenting or editorializing on, promoting, recommending, or increasing or decreasing the dissemination or visibility to users of its own material or material provided by another information content provider; (iii) restricting access to or availability of material provided by another information content provider; or (iv) barring or limiting any information content provider from using the interactive computer service. (2) Civil liability (A) In general No provider or user of an interactive computer service shall be held liable, under subsection (c) or otherwise, on account of— (i) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, promoting self-harm, or unlawful, whether or not such material is constitutionally protected; or (ii) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in clause (i). (B) Definitions For purposes of subparagraph (A)— (i) the term excessively violent , with respect to material, means material that— (I) is likely to be deemed violent and for mature audiences according to the V-chip regulations and TV Parental Guidelines of the Commission promulgated under sections 303(x) and 330(c)(4); or (II) constitutes or intends to advocate domestic terrorism or international terrorism, as defined in section 2331 of title 18, United States Code; (ii) the term harassing means material that— (I) is— (aa) provided by an information content provider with the intent to abuse, threaten, or harass any specific person; and (bb) lacking in any serious literary, artistic, political, or scientific value; (II) violates the CAN-SPAM Act of 2003 ( 15 U.S.C. 7701 et seq.); or (III) is malicious computer code intended (whether or not by the immediate disseminator) to damage or interfere with the operation of a computer; (iii) the term in good faith , with respect to restricting access to or availability of specific material, means the provider or user— (I) restricts access to or availability of material consistent with publicly available online terms of service or use that— (aa) state plainly and with particularity the criteria that the provider or user of the interactive computer service employs in its content moderation practices, including by any partially or fully automated processes; and (bb) are in effect on the date on which the material is first posted; (II) has an objectively reasonable belief that the material falls within one of the categories listed in subparagraph (A)(i); (III) (aa) does not restrict access to or availability of material on deceptive or pretextual grounds; and (bb) does not apply its terms of service or use to restrict access to or availability of material that is similarly situated to material that the provider or user of the interactive computer service intentionally declines to restrict; and (IV) supplies the information content provider of the material with timely notice describing with particularity the reasonable factual basis for the restriction of access and a meaningful opportunity to respond, unless the provider or user of the interactive computer service has an objectively reasonable belief that— (aa) the material is related to terrorism or criminal activity; or (bb) such notice would risk imminent physical harm to others; and (iv) the terms obscene , lewd , lascivious , and filthy , with respect to material, mean material that— (I) taken as a whole— (aa) appeals to the prurient interest in sex or portrays sexual conduct in a patently offensive way; and (bb) does not have serious literary, artistic, political, or scientific value; (II) depicts or describes sexual or excretory organs or activities in terms patently offensive to the average person, applying contemporary community standards; or (III) signifies the form of immorality which has relation to sexual impurity, taking into account the standards at common law in prosecutions for obscene libel. (C) Best practices The Commission, after soliciting comments from the public, shall publish best practices for making publicly available online terms of service or use that state plainly and with particularity the criteria that the provider or user of an interactive computer service employs in its content moderation practices, including by any partially or fully automated processes, in accordance with subparagraph (B)(iii)(I). (f) Violations (1) Private right of action (A) In general A person aggrieved by a violation of subsection (c) or (d) may bring a civil action against the provider or user of an interactive computer service that committed the violation for any relief permitted under subparagraph (B) of this paragraph. (B) Relief (i) In general The plaintiff may seek the following relief in a civil action brought under subparagraph (A): (I) An injunction. (II) An award that is the greater of— (aa) actual damages; or (bb) damages in the amount of $500 for each violation. (ii) Willful or knowing violations In a civil action brought under subparagraph (A), if the court finds that the defendant willfully or knowingly violated subsection (c) or (d), the court may, in its discretion, increase the amount of the award to not more than 3 times the amount available under clause (i)(II) of this subparagraph. (2) Actions by States (A) Authority of States (i) In general Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of violating subsection (c) or (d) that has threatened or adversely affected or is threatening or adversely affecting an interest of the residents of that State, the State may bring a civil action against the person on behalf of the residents of the State for any relief permitted under clause (ii) of this subparagraph. (ii) Relief (I) In general The plaintiff may seek the following relief in a civil action brought under clause (i): (aa) An injunction. (bb) An award that is the greater of— (AA) actual damages; or (BB) damages in the amount of $500 for each violation. (II) Willful or knowing violations In a civil action brought under clause (i), if the court finds that the defendant willfully or knowingly violated subsection (c) or (d), the court may, in its discretion, increase the amount of the award to not more than 3 times the amount available under subclause (I)(bb) of this clause. (B) Investigatory powers For purposes of bringing a civil action under this paragraph, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or the official by the laws of the State to— (i) conduct investigations; (ii) administer oaths or affirmations; or (iii) compel the attendance of witnesses or the production of documentary and other evidence. (C) Effect on State court proceedings Nothing in this paragraph shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of the State. (D) Attorney general defined For purposes of this paragraph, the term attorney general means the chief legal officer of a State. (3) Venue; service of process (A) Venue A civil action brought under this subsection may be brought in the location where— (i) the defendant— (I) is found; (II) is an inhabitant; or (III) transacts business; or (ii) the violation occurred or is occurring. (B) Service of process Process in a civil action brought under this subsection may be served where the defendant— (i) is an inhabitant; or (ii) may be found. (g) Obligations of interactive computer service A provider of an interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify the customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. The notice shall identify, or provide the customer with access to material identifying, current providers of such protections. (h) Effect on other laws (1) No effect on criminal law Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this Act, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, United States Code, or any other Federal criminal statute. (2) No effect on intellectual property law Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property. (3) State law Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section. (4) No effect on communications privacy law Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law. (5) No effect on sex trafficking law Nothing in this section (other than subsection (e)(2)(A)(i)) shall be construed to impair or limit— (A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title; (B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18, United States Code; or (C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted. (i) Definitions As used in this section: (1) Access software provider The term access software provider means a provider of software (including client or server software), or enabling tools that do any one or more of the following: (A) Filter, screen, allow, or disallow material. (B) Pick, choose, analyze, or digest material. (C) Transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate material. (2) Broadband internet access service The term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (3) Common carrier technology company The term common carrier technology company means a provider of an interactive computer service that— (A) offers its services to the public; and (B) has more than 100,000,000 worldwide active monthly users. (4) Information content provider (A) In general The term information content provider means any person or entity that is responsible, in whole or in part, for the creation or development of material provided through the internet or any other interactive computer service. (B) Responsibility defined For purposes of subparagraph (A), the term responsible, in whole or in part, for the creation or development of material includes affirmatively and substantively contributing to, modifying, altering, presenting with a reasonably discernible viewpoint, commenting upon, or editorializing about material provided by another person or entity. (5) Interactive computer service The term interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. (6) Internet The term internet means the international computer network of both Federal and non-Federal interoperable packet switched data networks. (7) Material The term material means any data, regardless of physical form or characteristic, including— (A) written or printed matter, information, automated information systems storage media, maps, charts, paintings, drawings, films, photographs, images, videos, engravings, sketches, working notes, or papers, or reproductions of any such things by any means or process; and (B) sound, voice, magnetic, or electronic recordings. . (b) Conforming amendments (1) Communications Act of 1934 The Communications Act of 1934 ( 47 U.S.C. 151 et seq.) is amended— (A) in section 223(h)(2) ( 47 U.S.C. 223(h)(2) ), by striking section 230(f)(2) and inserting section 232 ; and (B) in section 231(b)(4) ( 47 U.S.C. 231(b)(4) ), by striking section 230 and inserting section 232 . (2) Trademark Act of 1946 Section 45 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 ) ( 15 U.S.C. 1127 ) is amended by striking the definition relating to the term Internet and inserting the following: The term internet has the meaning given that term in section 232 of the Communications Act of 1934. . (3) Title 17, United States Code Section 1401(g) of title 17, United States Code, is amended— (A) by striking section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) and inserting section 232 of the Communications Act of 1934 ; and (B) by striking subsection (e)(2) of such section 230 and inserting subsection (h)(2) of such section 232 . (4) Title 18, United States Code Part I of title 18, United States Code, is amended— (A) in section 2257(h)(2)(B)(v), by striking section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ) and inserting section 232(e) of the Communications Act of 1934 ; and (B) in section 2421A— (i) in subsection (a), by striking (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )) and inserting (as that term is defined in section 232 of the Communications Act of 1934) ; and (ii) in subsection (b), by striking (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )) and inserting (as that term is defined in section 232 of the Communications Act of 1934) . (5) Controlled Substances Act Section 401(h)(3)(A)(iii)(II) of the Controlled Substances Act ( 21 U.S.C. 841(h)(3)(A)(iii)(II) ) is amended by striking section 230(c) of the Communications Act of 1934 and inserting section 232(e) of the Communications Act of 1934 . (6) Webb-Kenyon Act Section 3(b)(1) of the Act entitled An Act divesting intoxicating liquors of their interstate character in certain cases , approved March 1, 1913 (commonly known as the Webb-Kenyon Act ) ( 27 U.S.C. 122b(b)(1) ) is amended by striking (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) and inserting (as defined in section 232 of the Communications Act of 1934) . (7) Title 28, United States Code Section 4102 of title 28, United States Code, is amended— (A) in subsection (c)— (i) by striking section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) and inserting section 232 of the Communications Act of 1934 ; and (ii) by striking section 230 if and inserting that section if ; and (B) in subsection (e)(2), by striking section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) and inserting section 232 of the Communications Act of 1934 . (8) Title 31, United States Code Section 5362(6) of title 31, United States Code, is amended by striking section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) and inserting section 232 of the Communications Act of 1934 . (9) National Telecommunications and Information Administration Organization Act Section 157(e)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 941(e)(1) ) is amended, in the matter preceding subparagraph (A), by striking section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ) and inserting section 232(e) of the Communications Act of 1934 . (c) Applicability Subsections (c) and (d) of section 232 of the Communications Act of 1934, as added by subsection (a), shall apply to a common carrier technology company on and after the date that is 90 days after the date of enactment of this Act.
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117-s-1385
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II 117th CONGRESS 1st Session S. 1385 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Durbin (for himself, Mr. Carper , Mrs. Shaheen , Mr. Blumenthal , Ms. Warren , Mr. Leahy , Mrs. Feinstein , Mr. Casey , Mr. Reed , Ms. Smith , Mr. Booker , Mrs. Gillibrand , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Welfare Act to establish additional requirements for dealers, and for other purposes.
1. Short title This Act may be cited as the Puppy Protection Act of 2021 . 2. Additional requirements for dealers (a) Humane treatment of dogs by dealers Section 13(a) of the Animal Welfare Act ( 7 U.S.C. 2143(a) ) is amended by adding at the end the following: (9) In addition to the requirements under paragraph (2), the standards described in paragraph (1) shall, with respect to dealers, include requirements— (A) that the dealer provide adequate housing for dogs that includes— (i) completely solid flooring; (ii) indoor space sufficient to allow the tallest dog in an enclosure to stand on his or her hind legs without touching the roof of the enclosure; (iii) with respect to dogs over 8 weeks in age, primary enclosures that, with the length of the dog measured from the tip of the nose to the base of the tail, provide at least— (I) 12 square feet of indoor floor space per each dog measuring not more than 25 inches long; (II) 20 square feet of indoor floor space per each dog measuring more than 25 but less than 35 inches long; and (III) 30 square feet of indoor floor space per each dog measuring not less than 35 inches long; (iv) enclosures that are not stacked or otherwise placed on top of or below another enclosure; and (v) temperature control that— (I) is appropriate for the age, breed, and condition of each dog in the enclosure; and (II) is between 45 and 85 degrees Fahrenheit, when dogs are present in the enclosure; (B) that appropriate and nutritious food be provided to each dog at least twice per day, in an amount sufficient to maintain the good health and physical condition of each dog; (C) that each dog has continuous access to potable water that is not frozen and is free of feces, algae, and other contaminants; (D) that each dog has adequate exercise, including, for each dog over the age of 12 weeks— (i) except as provided in clause (ii), unrestricted access from the primary enclosure of the dog during daylight hours to an outdoor exercise area that— (I) is at ground-level; (II) is a solid surface; (III) is enclosed by a fence or other structure; (IV) is properly controlled for the safety of the dog; and (V) allows the dog to extend to full stride, play, and engage in other types of mentally stimulating and social behaviors; or (ii) if the dealer obtains a certification from the attending veterinarian stating that a dog should not have unrestricted access to an outdoor exercise area for a specific medical reason, an alternative exercise plan prescribed by the veterinarian for the dog that meets the applicable requirements under section 3.8 of title 9, Code of Federal Regulations (or successor regulations); (E) that each dog has meaningful socialization with humans and compatible dogs for at least 30 minutes each day that— (i) includes positive interaction with a human such as petting, stroking, grooming, feeding, playing with, exercising, or other touching of the dog that is beneficial to the well-being of the dog; and (ii) does not include time spent in veterinary care; (F) that each dog receives adequate veterinary care, including— (i) prompt treatment of any disease, illness, or injury by a licensed veterinarian; (ii) a thorough, hands-on examination by a licensed veterinarian at least once each year, which shall include a dental exam; (iii) core vaccinations recommended by the latest version of the American Animal Hospital Association Canine Vaccination Guidelines; and (iv) medications to prevent intestinal parasites, heartworm disease, fleas, and ticks that are approved by a licensed veterinarian for canine use; (G) with respect to safe breeding practices for dogs, including— (i) a screening program for known prevalent inheritable diseases that may be disabling or likely to significantly affect the lifespan or quality of life of the mother or the offspring; (ii) prohibiting breeding, unless each dog bred— (I) has been screened by a licensed veterinarian prior to each attempt to breed; and (II) is found in the screening under subclause (I) to be free from health conditions that may be disabling to, or likely to significantly affect the lifespan or quality of life of, the mother or the offspring; (iii) prohibiting the breeding of a female dog to produce— (I) more than 2 litters in any 18-month period; or (II) more than 6 litters during the lifetime of the dog; (iv) that a female dog of any small breed (having a maximum weight range at maturity that is less than 40 pounds) not be bred— (I) before reaching the age of 18 months; or (II) after reaching the age of 9 years; (v) that a female dog of any large breed (having an expected weight range at maturity that includes 40 or more pounds) not be bred— (I) before reaching the age of 2 years; or (II) after reaching the age of 7 years; and (vi) that any canine caesarian section be performed by a licensed veterinarian; (H) that dogs be housed with other dogs, unless health or behavioral issues make group housing unsafe; and (I) to make all reasonable efforts to find humane placement for retired breeding dogs— (i) such as with an adoptive family, rescue organization, or other appropriate owner for that dog; and (ii) not including selling at auction or otherwise placing a retired breeding dog with another breeder for breeding purposes. . (b) Conforming amendment Section 13(a)(2)(B) of the Animal Welfare Act ( 7 U.S.C. 2143(a)(2)(B) ) is amended by inserting subject to paragraph (9), before for exercise of dogs . (c) Regulations Not later than 18 months after the date of enactment of this Act, the Secretary shall issue final regulations establishing the standards for the care of dogs by dealers, as required by this section and the amendments made by this section.
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117-s-1386
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II 117th CONGRESS 1st Session S. 1386 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 23, United States Code, to provide for efforts relating to Move Over laws, to amend title 49, United States Code, to require crash avoidance technology on motor vehicles, and for other purposes.
1. Short title This Act may be cited as the Protecting Roadside First Responders Act . 2. Move Over laws (a) Highway safety programs Section 402 of title 23, United States Code, is amended by adding at the end the following: (o) Move Over laws (1) Definition of Move Over law In this subsection, the term Move Over law means a State law intended to ensure first responder and motorist safety by requiring motorists to change lanes or slow down when approaching an authorized emergency vehicle that is parked or otherwise stopped on a roadway. (2) Compliance with Move Over laws For each of fiscal years 2022 through 2026, subject to the requirements of the highway safety plan of a State under subsection (k), as approved by the Secretary, a State may use a portion of the amounts received under this section to implement statewide efforts to improve compliance with Move Over laws in the State. (3) Use of funds Statewide efforts under paragraph (2) may include— (A) purchasing and deploying digital alert technology that is capable of sending alerts to civilian drivers to protect first responders on the scene and en route; and (B) educating the public about Move Over laws in the State through public information campaigns. . (b) Study on Move Over law public awareness campaigns (1) In general The Secretary of Transportation shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies of Sciences, Engineering, and Medicine shall carry out a study on the efficacy of Move Over laws (as defined in section 402(o) of title 23, United States Code) and related public awareness campaigns. (2) Report On the completion of the report under paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall submit to the Secretary of Transportation and to Congress and make publicly available a report on— (A) the findings of the study; and (B) any recommendations to improve public awareness campaigns related to the laws described in that paragraph. (c) National priority safety programs (1) In general Section 405 of title 23, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (6), by striking 5 and inserting 4 ; (ii) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and (iii) by inserting after paragraph (7) the following: (8) Preventing roadside deaths In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to preventing roadside deaths (as described in subsection (i)). ; and (B) by adding at the end the following: (i) Preventing roadside deaths (1) In general The Secretary shall award grants to States to prevent death and injury from crashes involving vehicles striking vehicles and individuals stopped at the roadside. (2) Federal share The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. (3) Eligibility A State shall receive a grant under this subsection in a fiscal year if the State submits to the Secretary a plan that describes how the State will use funds provided under the grant, in accordance with paragraph (4). (4) Use of funds Amounts received by a State under this subsection shall be used by the State— (A) to purchase and deploy digital alert technology (as described in section 4(b) of the Protecting Roadside First Responders Act ); (B) to educate the public about the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury; (C) for law enforcement costs related to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside; and (D) for programs to identify, collect, and report data to State and local government agencies relating to crashes involving vehicles and individuals stopped at the roadside. (5) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2009. . (2) Sense of Congress relating to funding It is the sense of Congress that the national priority program for preventing roadside deaths under subsections (a)(8) and (i) of section 405 of title 23, United States Code, should receive new and additional funding in comparison to the funding level for all national priority programs under section 405 of title 23, United States Code, for the first fiscal year beginning after the date of enactment of this Act. 3. Crash avoidance technology (a) In general Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30129. Crash avoidance technology (a) In general Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule to establish minimum performance standards with respect to crash avoidance technology and to require that passenger motor vehicles (as defined in section 32101) and commercial motor vehicles (as defined in section 31101) manufactured for sale in the United States on or after the compliance date under subsection (b) are equipped with— (1) a forward collision warning and automatic emergency braking system that— (A) alerts the driver if the distance to a vehicle ahead or an object or person, including a pedestrian, a bicyclist, and any other road user, in the path of travel ahead is closing too quickly and a collision is imminent; and (B) automatically applies the brakes if the driver fails to do so; (2) a lane departure warning and lane keeping assist system that— (A) warns the driver to maintain the lane of travel; and (B) corrects the course of travel if the driver fails to do so; and (3) a blind zone detection system that— (A) warns the driver if another vehicle, an object, or a person, including a pedestrian, a bicyclist, and any other road user, is in the blind zone of the vehicle; and (B) provides an additional alert if the driver attempts to change the course of travel while another vehicle, an object, or a person, including a pedestrian, a bicyclist, and any other road user, is in the blind zone of the vehicle. (b) Compliance date Compliance with the final rule under subsection (a) shall be required beginning for the model year that begins not later than 2 years after the date on which the final rule is published in the Federal Register. . (b) Clerical amendment The analysis for subchapter II of chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30128 the following: 30129. Crash avoidance technology. . 4. Requirements for Federal vehicle fleets (a) Crash avoidance technology Not later than 5 years after the date of enactment of this Act, in accordance with section 30129 of title 49, United States Code, the head of each Federal agency shall ensure that each new passenger motor vehicle (as defined in section 32101 of that title) and commercial motor vehicle (as defined in section 31101 of that title) purchased or leased as part of a Federal fleet of the agency is equipped with— (1) a forward collision warning and automatic emergency braking system that— (A) alerts the driver if the distance to a vehicle ahead or an object or person, including a pedestrian, a bicyclist, or any other road user, in the path of travel ahead is closing too quickly and a collision is imminent; and (B) automatically applies the brakes if the driver fails to do so; (2) a lane departure warning and lane keeping assist system that— (A) warns the driver to maintain the lane of travel; and (B) corrects the course of travel if the driver fails to do so; and (3) a blind zone detection system that— (A) warns the driver if another vehicle, an object, or a person, including a pedestrian, a bicyclist, and any other road user, is in the blind zone of the vehicle; and (B) provides an additional alert if the driver attempts to change the course of travel while another vehicle, an object, or a person, including a pedestrian, a bicyclist, and any other road user, is in the blind zone of the vehicle. (b) Digital alert technology Not later than 5 years after the date of enactment of this Act, the head of each Federal agency shall ensure that each vehicle in a Federal fleet of the agency— (1) if the vehicle is used for emergency response activities, is equipped with digital alert technology that is capable of sending alerts to civilian drivers to protect first responders on the scene and en route; and (2) is equipped with digital alert technology (which may be provided by an aftermarket device) that is capable of receiving alerts regarding nearby first responders.
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II 117th CONGRESS 1st Session S. 1387 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Lankford (for himself, Mrs. Capito , Mr. Cramer , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the credit for electricity produced from certain renewable resources, and for other purposes.
1. Short title This Act may be cited as the PTC Elimination Act . 2. Repeal of credit for electricity produced from certain renewable resources (a) Repeal of credit (1) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45 (and by striking the item relating to such section in the table of sections for such subpart). (2) Conforming amendments (A) Section 38 of such Code is amended— (i) in subsection (b), by striking paragraph (8), and (ii) in subsection (c)(4)(B), by striking clauses (iv) and (v). (B) Section 45J of such Code is amended by adding at the end the following new subsection: (g) References to section 45 Any reference in this section to any provision of section 45 shall be treated as a reference to such provision as in effect immediately before its repeal. . (C) Section 45K(g)(2) of such Code is amended by striking subparagraph (E). (D) Section 48 of such Code is amended by adding at the end the following new subsection: (e) References to section 45 Any reference in this section to any provision of section 45 shall be treated as a reference to such provision as in effect immediately before its repeal. . (E) Section 55(c)(1) of such Code is amended by striking 45(e)(11)(C), . (F) Section 59A(b)(4) of such Code is amended by inserting and at the end of subparagraph (A) and by striking subparagraph (B). (3) Effective date The amendments made by this subsection shall apply to electricity produced and sold after December 31, 2035. (b) Sense of Congress regarding further extension It is the sense of the Congress that the credit under section 45 of the Internal Revenue Code of 1986 should be allowed to expire and should not be extended beyond the termination dates specified in such section as of the date of the enactment of this Act.
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II 117th CONGRESS 1st Session S. 1388 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Grassley (for himself, Ms. Cantwell , Mrs. Blackburn , Mr. Blumenthal , Ms. Ernst , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes.
1. Short title This Act may be cited as the Prescription Pricing for the People Act of 2021 . 2. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (2) Commission The term Commission means the Federal Trade Commission. 3. Study of pharmaceutical supply chain intermediaries and merger activity (a) Report Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that— (1) addresses at minimum— (A) whether pharmacy benefit managers— (i) charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse pharmacies owned by the pharmacy benefit manager and pharmacies not owned by the pharmacy benefit manager; (ii) steer patients for competitive advantage to any pharmacy, including a retail, mail-order, or any other type of pharmacy, in which the pharmacy benefit managers have an ownership interest; (iii) audit or review proprietary data, including acquisition costs, patient information, or dispensing information, of pharmacies not owned by the pharmacy benefit manager and use such proprietary data to increase revenue or market share for competitive advantage; or (iv) use formulary designs to increase the market share of higher cost prescription drugs or depress the market share of lower cost prescription drugs (each net of rebates and discounts); (B) trends or observations on the state of competition in the healthcare supply chain, particularly with regard to intermediaries and their integration with other intermediaries, suppliers, or payers of prescription drug benefits; (C) how companies and payers assess the benefits, costs, and risks of contracting with intermediaries, including pharmacy services administrative organizations, and whether more information about the roles of intermediaries should be available to consumers and payers; and (D) whether there are any specific legal or regulatory obstacles the Commission currently faces in enforcing the antitrust and consumer protection laws in the pharmaceutical supply chain, including the pharmacy benefit manager marketplace and pharmacy services administrative organizations; and (2) provides— (A) observations or conclusions drawn from the November 2017 roundtable entitled Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics, and any similar efforts; (B) specific actions the Commission intends to take as a result of the November 2017 roundtable, and any similar efforts, including a detailed description of relevant forthcoming actions, additional research or roundtable discussions, consumer education efforts, or enforcement actions; and (C) policy or legislative recommendations to— (i) improve transparency and competition in the pharmaceutical supply chain; (ii) prevent and deter anticompetitive behavior in the pharmaceutical supply chain; and (iii) best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations. (b) Interim report Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress an interim report on the progress of the report required by subsection (a), along with preliminary findings and conclusions based on information collected to that date. 4. Report The Commission shall submit to the appropriate committees of Congress a report that includes— (1) the number and nature of complaints received by the Commission relating to an allegation of anticompetitive conduct by a manufacturer of a sole-source drug; (2) the ability of the Commission to bring an enforcement action against a manufacturer of a sole-source drug; and (3) policy or legislative recommendations to strengthen enforcement actions relating to anticompetitive behavior.
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117-s-1389
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II 117th CONGRESS 1st Session S. 1389 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Crapo (for himself, Mr. Risch , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide relief to workers impacted by COVID–19 and support for reopening businesses, and for other purposes.
1. Short title This Act may be cited as the Back to Work Bonus Act . 2. Time-limited back-to-work bonuses (a) In general Section 2104(b) of the Cares Act ( 15 U.S.C. 9023(b) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Back-to-work bonuses (A) In general Any agreement under this section may also provide that the State agency of the State may make a one-time lump sum payment to each individual who— (i) was eligible for Federal Pandemic Unemployment Compensation under paragraph (1) for any week beginning after the date of enactment of the Back to Work Bonus Act ; (ii) is no longer so eligible (as determined by the State), as a result of earnings due to commencing employment; and (iii) as verified by the individual’s employer pursuant to subparagraph (E)— (I) has been employed by a non-governmental employer throughout the individual’s qualifying period; (II) is employed for wages equivalent to an annual salary of not more than $75,000; and (III) remains employed with an intent to continue such employment. (B) Amount A payment made to an individual under this paragraph shall be paid in a lump sum amount of— (i) $1,200 in the case of an individual who on average is working at least 30 hours or more per week during the qualifying period; or (ii) $600 in the case of an individual who on average is working at least 20 hours or more per week, but less than 30 hours, during the qualifying period. (C) Qualifying period For purposes of this paragraph, the term qualifying period means, with respect to an individual, a period— (i) beginning on the date the individual commenced employment as described in subparagraph (A)(ii); and (ii) extending at least 4 consecutive weeks from such date. (D) Duration No lump sum payment may be made to any individual under this paragraph with respect to a qualifying period beginning on or after July 1, 2021. (E) Employer verification Before making a lump sum payment to an individual pursuant to this paragraph, a State agency shall require verification from the individual’s employer— (i) of the individual’s employment status; (ii) of the wages paid to the individual during the qualifying period; and (iii) of the hours worked by the individual during the qualifying period. (F) Limitation A State may not provide more than one payment under this paragraph to an individual. (G) Special rule Payments made pursuant to an agreement under this paragraph shall not be considered to violate the withdrawal requirements of section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) ) or section 3304(a)(4) of the Internal Revenue Code of 1986. . (b) Conforming amendments Section 2104 of such Act is amended— (1) in subsections (d) and (f), by inserting , payments under subsection (b)(4), after Federal Pandemic Unemployment Compensation each place it appears; and (2) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the purposes of the preceding provisions of this section, as such provisions apply with respect to payments under subsection (b)(4), shall be applied with respect to unemployment benefits described in subsection (i)(2) to the same extent and in the same manner as if those benefits were regular compensation. . 3. Accelerated funding increase for reemployment services and eligibility assessments Section 314(g)(1)(D) of the Congressional Budget Act of 1974 ( 2 U.S.C. 645(g)(1)(D) ) is amended by— (1) in clause (i), by striking $133,000,000 and inserting $433,000,000 ; and (2) in clause (ii), by striking $258,000,000 and inserting $433,000,000 . 4. Eligibility for reemployment services (a) CARES Act (1) Pandemic Unemployment Assistance Section 2102 of the Cares Act ( 15 U.S.C. 9021 ) is amended by adding at the end the following: (i) Eligibility for reemployment services Pandemic unemployment assistance under this section shall be treated as unemployment compensation for the purposes of section 306 of the Social Security Act ( 42 U.S.C. 506 ). . (2) Pandemic Emergency Unemployment Compensation Section 2107 of the Cares Act ( 15 U.S.C. 9025 ) is amended by adding at the end the following: (h) Eligibility for reemployment services Pandemic emergency unemployment compensation under this section shall be treated as unemployment compensation for the purposes of section 306 of the Social Security Act ( 42 U.S.C. 506 ). . (b) Social Security Act Section 306(a) of the Social Security Act ( 42 U.S.C. 506(a) ) is amended— (1) by striking individuals referred to reemployment services as described in section 303(j) and inserting claimants for unemployment compensation, including claimants referred to reemployment services as described in section 303(j), ; and (2) by striking such individuals and inserting such claimants . 5. Reinstating federal work search requirement (a) In general Section 4102(b) of the Families First Coronavirus Relief Act ( 26 U.S.C. 3304 note) is amended by striking work search, after with respect to . (b) Effective date The amendment made under subsection (a) shall take effect on the date that is 30 days after the date of enactment of this Act.
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II 117th CONGRESS 1st Session S. 1390 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to improve mental health services for students, and for other purposes.
1. Short title This Act may be cited as the Youth Mental Health Services Act of 2021 . 2. Supporting mental health (a) State use of funds Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7114(b)(3)(B) ) is amended— (1) in clause (iii), by striking and at the end; and (2) by adding at the end the following: (v) improving the mental health services available to students, which may include— (I) identifying and disseminating best practices for mental health first aid; (II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools; (III) establishing or identifying agreements with local health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services; and (IV) telehealth services; and . (b) Local educational agency applications Section 4106(e)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7116(e)(1) ) is amended— (1) in subparagraph (D), by striking and at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), the following: (E) if applicable, how funds will be used for activities related to providing mental health services under section 4108; and . (c) Activities To support the effective use of technology Section 4109 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7119 ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and at the end; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) providing technology to improve mental health services. ; and (2) in subsection (b)— (A) by striking A local and inserting the following: (1) In general A local ; and (B) by adding at the end the following: (2) Exception The limitation described in paragraph (1) shall not apply to technology infrastructure that is also used for mental health services. .
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117-s-1391
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II 117th CONGRESS 1st Session S. 1391 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy.
1. Short title This Act may be cited as the Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021 or the STANDUP Act of 2021 . 2. Findings The Congress finds as follows: (1) Since 2010, suicide has been the second-leading cause of death for young people ages 10–24. In 2016, 6,159 young people ages 10–24 died by suicide. (2) Based on the 2017 Youth Risk Behavior Survey of the Centers for Disease Control and Prevention (in this section referred to as CDC ), 7.4 percent of youth in grades 9–12 reported that they made at least one suicide attempt in the past 12 months. (3) While there is no complete count of suicide attempts in the United States, CDC data suggests that for every reported suicide death, approximately 11.4 people visit a hospital for self-harm-related injuries. (4) In 2016, suicide was the 10th-leading cause of death overall in the United States, with over 44,000 people dying by suicide, and there were more than twice as many suicides in the United States as there were homicides. (5) Youth often display warning signs and signals before harming themselves or others. Research shows that 70 percent of those who die by suicide tell someone of their plans or give another warning sign. (6) According to the CDC, the rates of suicide among American Indians and Alaska Natives have been increasing since 2003 and are the highest of any racial or ethnic group in the United States. In addition, recent studies of CDC data from 2001 through 2015 show that suicide rates for Black children ages 5 through 12 were roughly two times higher than those of similarly aged White children. 3. Student suicide awareness and prevention training (a) In general Title V of the Public Health Service Act is amended by inserting after section 520A of such Act ( 42 U.S.C. 290bb–32 ) the following: 520B. Student suicide awareness and prevention training policies (a) In general As a condition on receipt of funds under section 520A, each State educational agency, local educational agency, and tribal educational agency that receives such funds, directly or through a State or Indian Tribe, for activities to be performed within elementary and secondary schools, including the Project AWARE State Education Agency Grant Program, shall— (1) establish and implement a school-based student suicide awareness and prevention training policy; (2) consult with stakeholders (including principals, teachers, parents, other school leaders) in the development of the policy under subsection (a)(1); and (3) collect and report information in accordance with subsection (c). (b) School-Based student suicide awareness and prevention training policy A school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)— (1) shall be evidence-based; (2) shall provide evidence-based training to students in grades 6 through 12, in coordination with school-based mental health service providers as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965, if applicable, regarding— (A) suicide education and awareness, including warning signs of self-harm or suicidal ideation; (B) methods that students can use to seek help for themselves and others; and (C) student resources for suicide awareness and prevention; (3) shall provide for retraining of such students every school year; (4) may last for such period as the State educational agency, local educational agency, or tribal educational agency involved determines to be appropriate; and (5) may be implemented through any delivery method, including in-person trainings, digital trainings, or train-the-trainer models. (c) Collection of information and reporting Each State educational agency, local educational agency, and tribal educational agency that receives funds under section 520A shall, with respect to each school served by the agency, collect and report to the Secretary the following information: (1) The number of student trainings conducted. (2) The number of students trained, disaggregated by age and grade level. (3) The number of help-seeking reports made by students after implementation of such policy. (d) Evidence-Based program listing The Secretary of Health and Human Services shall coordinate with the Secretary of Education to make publicly available the policies established by State educational agencies, local educational agencies, and tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, including identification of whether such training is available to trainees at no cost. (e) Implementation timeline A State educational agency, local educational agency, or tribal educational agency shall establish and begin implementation of the policies required by subsection (a)(1) not later than the beginning of the third fiscal year following the date of enactment of this section for which the agency receives funds under section 520A. (f) Definitions In this section: (1) The term evidence-based has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (2) The term local education agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term State educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (4) The term tribal educational agency has the meaning given to such term in section 6132 of the Elementary and Secondary Education Act of 1965. 520B–1. Best practices for student suicide awareness and prevention training The Secretary of Health and Human Services, acting through the Assistant Secretary of the Substance Abuse and Mental Health Services Administration, in coordination with the Secretary of Education, shall— (1) publish best practices for school-based student suicide awareness and prevention training, pursuant to section 520B, that are based on— (A) evidence-based practices; and (B) input from relevant Federal agencies, national organizations, and related stakeholders; (2) publish guidance, based on the best practices under paragraph (1), to provide State educational agencies, local educational agencies, and tribal educational agencies with information on student suicide awareness and prevention best practices; (3) disseminate such best practices to State educational agencies, local educational agencies, and tribal educational agencies; and (4) provide technical assistance to State educational agencies, local educational agencies, and tribal educational agencies. . 4. Effective date The amendments made by this Act shall only apply with respect to applications for assistance under section 520A of the Public Health Service Act ( 42 U.S.C. 290bb–32 ) that are submitted after the date of enactment of this Act.
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II 117th CONGRESS 1st Session S. 1392 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To establish the Federal Rainy Day Fund to control emergency spending.
1. Limitations on emergency spending (a) Definitions In this section— (1) the term discretionary spending limit has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ); (2) the term emergency means any occasion or instance for which Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States; (3) the term Fund means the Federal Rainy Day Fund established under subsection (c)(1); and (4) the term previous year's nonemergency discretionary spending means the amount of the discretionary spending limit for all categories for the most recent previous fiscal year for which there was a discretionary spending limit, excluding any adjustment for the fiscal year for amounts designated as being for an emergency requirement under section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(i) ), as in effect on the day before the date of enactment of this Act. (b) Sense of the Senate It is the sense of the Senate that saving for a rainy day should be accompanied by offsets in other programs so that the Federal Government does not live beyond its means. (c) Federal Rainy Day Fund (1) Establishment There is established in the Treasury an account to be known as the Federal Rainy Day Fund . (2) Funding For fiscal year 2021 and each fiscal year thereafter, there is authorized to be appropriated to the Fund an amount equal to 2 percent of the amount of previous year's nonemergency discretionary spending. (3) Availability Amounts in the Fund shall remain available until expended, in accordance with subsection (d). (d) Use of Federal Rainy Day Fund (1) Prohibition on using Federal Rainy Day Fund for nonemergencies (A) Point of order against use for nonemergencies (i) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that appropriates funds from the Federal Rainy Day Fund for any program, project, or activity that is not an emergency. (ii) Point of order sustained If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (B) Form of the point of order A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (C) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subparagraph), no further amendment shall be in order. (D) No waiver or suspension In the Senate, it shall not be in order to move to waive or suspend subparagraph (A). (2) Use of Federal Rainy Day Fund first (A) Point of order against regular appropriations for emergencies (i) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that appropriates funds from the General Fund of the Treasury for an emergency, unless there are no unobligated funds in the Federal Rainy Day Fund. (ii) Point of order sustained If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (B) Form of the point of order A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (C) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subparagraph), no further amendment shall be in order. (D) No waiver or suspension In the Senate, it shall not be in order to move to waive or suspend subparagraph (A). (3) Point of order against emergency spending Section 314 of the Congressional Budget Act of 1974 ( 2 U.S.C. 645 ) is amended— (A) in subsection (d)— (i) in paragraph (1), by striking contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 and inserting contains an appropriation from the Federal Rainy Day Fund for an emergency (as defined in section __ of the ___ Act) ; and (ii) in paragraph (2)(A), by striking a designation and inserting an appropriation ; and (B) in subsection (e)— (i) in the subsection heading, by striking designation and inserting appropriation ; (ii) in paragraph (1), by striking an emergency designation in that measure, that provision making such a designation and inserting a provision containing an appropriation from the Federal Rainy Day Fund for an emergency (as defined in section __ of the ___ Act, that provision ; (iii) in paragraph (2), by striking three-fifths each place it appears and inserting two-thirds ; (iv) by striking paragraph (3); and (v) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) GAO study The Comptroller General of the United States shall submit to Congress a report assessing the relationship between emergency, disaster, and wildfire spending, which shall include recommendations, if any, to modify the spending that qualifies as emergency spending. (f) Repeal of adjustment for emergency spending Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A) ) is amended— (1) in the subparagraph heading, by striking Emergency appropriations; overseas and inserting Overseas ; (2) by striking that— and all that follows through (ii) the Congress and inserting that the Congress ; (3) by striking designates, and all that follows through the adjustment and inserting designates, the adjustment ; and (4) by striking designated as emergency requirements or for and inserting designated for . (g) Effective date This section and the amendments made by this section shall— (1) take effect on the date of enactment of this Act; and (2) apply with respect to fiscal year 2021 and each fiscal year thereafter.
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II 117th CONGRESS 1st Session S. 1393 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Klobuchar (for herself and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to carry out training for employees of the Department of Veterans Affairs relating to exposure of veterans to toxic substances.
1. Short title This Act may be cited as the Toxic Exposure Training Act of 2021 . 2. Training for personnel of the Department of Veterans Affairs with respect to exposure of veterans to toxic substances (a) Health care personnel The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on veterans of illnesses related to exposure to toxic substances and inform such personnel of how to ask for additional information from veterans regarding exposure to different toxicants. (b) Benefits personnel (1) In general The Secretary shall establish a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on exposure to toxic substances. (2) Annual training Training provided to processors under paragraph (1) shall be provided not less frequently than annually.
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II 117th CONGRESS 1st Session S. 1394 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Rosen (for herself, Mr. Wicker , Mr. Romney , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to include teacher preparation for computer science in elementary and secondary education.
1. Short title This Act may be cited as the Teacher Education for Computer Science Act or the Teach CS Act . 2. Teacher quality enhancement (a) Partnership grants Section 202(d)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1022a ) is amended— (1) in subparagraph (B), by inserting computer science, after science, ; and (2) in subparagraph (C), by inserting (including computer science, computer engineering, data science, information technology, and cybersecurity professionals) after occupations . (b) Accountability and evaluation Section 204(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1022c(a)(4) ) is amended— (1) in subparagraph (C), by inserting computer science, after science, ; and (2) in subparagraph (G)— (A) in clause (i), by inserting (including computational thinking) after technology ; and (B) in clause (ii), by inserting (including computational thinking) after technology . (c) Teacher development Section 206(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1022e(a) ) is amended by inserting computer science, after science, . 3. Enhancing teacher education Section 232(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1032a(c) ) is amended— (1) in paragraph (2), by inserting (including computer science) after technology ; and (2) in paragraph (3)(B), by inserting (including computer science) after technology . 4. Teacher Education Programs for Computer Science Education Part B of title II of the Higher Education Act of 1965 is amended ( 20 U.S.C. 1021 et seq.) by adding at the end the following: 6 Teacher Education Programs for Computer Science Education 259. Teacher Education Programs for Computer Science Education (a) Program authorized From the amounts appropriated to carry out this section, the Secretary may award competitive grants to eligible institutions to establish centers of excellence in teacher education programs for computer science, that may include computational thinking, computing, and computer engineering. (b) Use of funds A grant awarded to an eligible institution under this section— (1) shall be used by such institution to ensure that current and future teachers meet the applicable State certification and licensure requirements in a field that will enable them to teach computer science in their State at the elementary and secondary school levels, by— (A) creating teacher education programs that meet the requirements of section 200(6)(A)(iv) and offer, through hands-on and classroom teaching activities with in-service teachers— (i) doctoral, master’s, or bachelor’s degrees in teaching computer science at the elementary school and secondary school levels; or (ii) teaching endorsements in computer science, in the case of a teacher with related State certification and licensure requirements or a student who is pursuing certification and licensure requirements in related fields, such as mathematics and science; (B) ensuring that current and future teachers who graduate from such programs meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; (C) recruiting individuals to enroll in such programs, including subject matter experts and professionals in fields related to computer science; and (D) awarding scholarships and fellowships based on financial need and to recruit traditionally underrepresented groups in computer science to help such students pay the cost of attendance (as defined in section 472); and (2) may be used by such institution to— (A) hire and pay faculty salaries for the teacher education programs described in paragraph (1)(A); (B) conduct research in computer science education; and (C) carry out activities to encourage the Secretary to partner with other agencies, and prioritize funding for computer science education research to support teacher preparation. (c) Duration (1) In general A grant under this section shall be awarded for 5 years, conditional upon a satisfactory report to the Secretary of progress with respect to the program carried out with the grant after the first 3-years of the grant period. (2) Report of progress Such report of progress on the program shall include data on the number of students and instructors enrolled, information on former graduates (including on how many earn teaching certification or licensure in a field that will enable them to teach computer science in their State at the secondary level, or be prepared to teach computer science at the elementary level), and data on any additional funding (other than Federal funds) received to carry out the program. (d) Application (1) In general An eligible institution desiring a grant under this section shall submit an application to the Secretary, at such time in such manner, and containing such information as the Secretary may require, which shall include— (A) a demonstration of the need for teachers with the certification or licensure requirements that enable them to teach computer science at the elementary and secondary level in the geographic area or State in which the institution is located; (B) the plan to ensure the longevity of the program after the end of the grant; and (C) the plan to scale up the program (including the plan for the number of personnel to be hired, a description of their expected qualifications and titles, the number of fellowships and scholarships to be awarded, the estimated administrative expenses, proposed academic advising strategy, and organizing and outreach to maintain virtual community of computer science educators). (2) Equitable distribution The Secretary shall award grants under this section in a manner that ensures an equitable distribution of grants— (A) to rural and urban eligible institutions; (B) to eligible institutions that qualify for a waiver under subsection (e)(2); and (C) to eligible institutions that are located in areas where there is a need for increasing computer science education opportunities. (e) Matching requirement (1) In general To receive a grant under this section, an eligible entity shall provide, from non-Federal sources, an amount that is not less than 25 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Waiver The Secretary shall waive all or part of the matching requirement described in paragraph (1) for any fiscal year the Secretary determines that applying such requirement to the eligible institution would result in serious hardship or an inability to carry out the authorized activities described in this section. (f) Report to Congress Not later than 2 years after the first grant is awarded under his section and each year thereafter, the Secretary shall submit to Congress a report on the success of the program based on metrics determined by the Secretary, including the number of centers established, the number of enrolled students, and the number of qualified teachers. (g) Technical assistance The Secretary shall use up to 5 percent of the amount appropriated for each fiscal year to provide technical assistance to eligible institutions. (h) Definitions In this section: (1) Eligible institution The term eligible institution means an institution of higher education, as defined in section 101, which may be in a partnership with a nonprofit organization. (2) Computer science The term computer science means the study of computers including algorithmic processes and engineering principles for hardware and software design, development, and systems integration, and their impact on society. (3) Computing The term computing means any goal-oriented activity requiring, benefitting from, or creating algorithmic processes. (4) Computational thinking The term computational thinking means the human ability to formulate problems so that their solutions can be represented as computational steps or algorithms to be executed by a computer and integrated into broader networks of systems. . 5. Adjunct teacher corps Section 255 of the Higher Education Act of 1965 ( 20 U.S.C. 1035 ) is amended— (1) in subsection (a), by inserting computer science, after science, ; (2) in subsection (b), by inserting computer science, after science, ; (3) in subsection (e)(1), by inserting computer science, after science, ; (4) in subsection (f)(2)(A)(i), by inserting computer science, after science, ; (5) in subsection (g)(1), by inserting computer science, after science, ; (6) in subsection (g)(3), by inserting computer science, after science, ; and (7) in subsection (k)(2), by inserting computer science, after science, . 6. Graduate fellowships to prepare faculty in high-need areas at colleges of education Section 258(d)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1036(d)(2)(A) ) is amended by inserting (including computer science) after technology . 7. Teach grant Section 420N of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2 ) is amended— (1) in subsection (a)(2)(B)(i), by inserting computer science, after science, ; and (2) in subsection (b)(1)(C)— (A) by redesignating clauses (iii) through (vii) as clauses (iv) through (viii), respectively; and (B) by inserting after clause (ii), the following: (iii) computer science; . 8. Graduate and postsecondary improvement programs (a) Purpose Section 700(1)(B)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1133(1)(B)(i) ) is amended by inserting computer science, after science, . (b) Designation of areas of national need Section 712(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1135a(b)(4) ) is amended by inserting before the period at the end the following: , including the need for computer science .
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II 117th CONGRESS 1st Session S. 1395 IN THE SENATE OF THE UNITED STATES April 27, 2021 Mrs. Fischer (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To promote scientific research and development opportunities for connected technologies that advance precision agriculture capabilities.
1. Short title This Act may be cited as the Advancing IoT for Precision Agriculture Act of 2021 . 2. Purpose It is the purpose of this Act to promote scientific research and development opportunities for connected technologies that advance precision agriculture capabilities. 3. National Science Foundation Directive on Agricultural Sensor Research In awarding grants under its sensor systems and networked systems programs, the Director of the National Science Foundation shall include in consideration of portfolio balance research and development on sensor connectivity in environments of intermittent connectivity and intermittent computation— (1) to improve the reliable use of advance sensing systems in rural and agricultural areas; and (2) that considers— (A) direct gateway access for locally stored data; (B) attenuation of signal transmission; (C) loss of signal transmission; and (D) at-scale performance for wireless power. 4. Updating Considerations for Precision Agriculture Technology within the NSF Advanced Technical Education Program Section 3 of the Scientific and Advanced-Technology Act of 1992 ( 42 U.S.C. 1862i ) is amended— (1) in subsection (d)(2)— (A) in subparagraph (D), by striking and after the semicolon; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) applications that incorporate distance learning tools and approaches. ; (2) in subsection (e)(3)— (A) in subparagraph (C), by striking and after the semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) applications that incorporate distance learning tools and approaches. ; and (3) in subsection (j)(1), by inserting agricultural, after commercial, . 5. GAO review Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall provide— (1) a technology assessment of precision agriculture technologies, such as the existing use of— (A) sensors, scanners, radio-frequency identification, and related technologies that can monitor soil properties, irrigation conditions, and plant physiology; (B) sensors, scanners, radio-frequency identification, and related technologies that can monitor livestock activity and health; (C) network connectivity and wireless communications that can securely support digital agriculture technologies in rural and remote areas; (D) aerial imagery generated by satellites or unmanned aerial vehicles; (E) ground-based robotics; (F) control systems design and connectivity, such as smart irrigation control systems; and (G) data management software and advanced analytics that can assist decision making and improve agricultural outcomes; and (2) a review of Federal programs that provide support for precision agriculture research, development, adoption, education, or training, in existence on the date of enactment of this Act.
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II 117th CONGRESS 1st Session S. 1396 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Baldwin (for herself, Mrs. Murray , Mr. Van Hollen , Ms. Klobuchar , Mr. Leahy , Ms. Hirono , Mr. Cardin , Ms. Duckworth , Mrs. Gillibrand , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to establish State and Indian Tribe grants for community colleges and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.
1. Short title This Act may be cited as the America’s College Promise Act of 2021 . I State and Indian Tribe grants for community colleges 101. Program authorized Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) is amended by adding at the end the following: J America’s college promise Federal-State partnership 1 State and Indian tribe grants for community colleges 499A. In general From amounts appropriated under section 499G for any fiscal year, the Secretary shall award grants to eligible States and Indian tribes to pay the Federal share of expenditures needed to carry out the activities and services described in section 499E. 499B. Federal share; non-Federal share (a) Federal share (1) In general Subject to paragraph (2), the amount of the Federal share of a grant under this subpart shall be based on a formula, determined by the Secretary, that provides, for each eligible student in the State or Indian tribe, a per-student amount that is equal to 75 percent of— (A) for the 2022–2023 award year, the average resident community college tuition and fees per student in all States for the most recent year for which data are available; and (B) for each subsequent award year, the amount determined under this paragraph for the preceding award year, increased by the lesser of— (i) a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) since the date of such determination; or (ii) 3 percent. (2) Indian tribes The amount of the Federal share for an Indian tribe receiving a grant under this subpart shall be the lesser of— (A) the amount determined in accordance with paragraph (1) with respect to such tribe; or (B) the amount that is 95 percent of the total amount needed to waive tuition and fees for all eligible students enrolled in the community colleges operated or controlled by such tribe. (b) State or tribal share (1) Formula (A) In general Subject to subparagraph (B), the State or tribal share of a grant under this subpart for each fiscal year shall be the amount needed to pay 25 percent of the average resident community college tuition and fees per student in the 2022–2023 award year for all eligible students in the State or tribe for such fiscal year. (B) Indian tribes The tribal share of a grant awarded to an Indian tribe under this subpart for each fiscal year shall be the lesser of— (i) the amount determined in accordance with subparagraph (A) with respect to such tribe; or (ii) 5 percent of the total amount needed to waive tuition and fees for all eligible students enrolled in the community colleges operated or controlled by such tribe. (2) Need-based aid A State or Indian tribe may include, as part of the State or tribal share, any need-based financial aid that— (A) is provided from State or tribal funds to an eligible student; and (B) may be used by such student to pay costs of attendance other than tuition and fees. (3) No in-kind contributions A State or Indian tribe shall not include in-kind contributions for purposes of the State or tribal share described in paragraph (1). (c) Determining number of eligible students (1) In general For purposes of subsection (a) and subsection (b), the Secretary shall develop and implement a formula for accurately estimating the number of eligible students in a State or Indian tribe and for making adjustments based on the number of eligible students enrolled on less than a full-time basis and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis. (2) Initial determination For the first year for which grants are awarded under this subpart, the number of eligible students in a State or Indian tribe shall be considered to be equal to the number of eligible students who were in the State or tribe for the preceding school year. (d) Adjustment of grant amount Not later than 180 days after the date on which a State or Indian tribe receives a grant under this subpart, the Secretary shall— (1) in consultation with the State or tribe concerned, determine whether the actual number of eligible students in the State or tribe for the year covered by the grant is greater than the estimated number of such students that was used to determine the amount of the grant; and (2) in the case of a determination under paragraph (1) that the actual number of eligible students in the State or tribe is higher than such estimate, issue a supplementary grant payment to the State or tribe in an amount that ensures that the total amount of the grant funds received by the State or tribe under this subpart for the year covered by the grant accurately reflects the higher number of eligible students. 499C. Applications (a) Submission In order to receive a grant under this subpart, a State or Indian tribe shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents Each application under subsection (a) shall include— (1) an estimate of the number of eligible students in the State or Indian tribe and the cost of waiving community college tuition and fees for all eligible students for each fiscal year covered by the grant; (2) an assurance that each community college in the State, or operated or controlled by the Indian tribe, as applicable, will waive tuition and fees for eligible students in accordance with section 499D(a); (3) a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes, including transfer and completion rates, that have been or will be adopted by each such community college, such as— (A) providing comprehensive academic, career, and student support services (including mentoring, advising, case management services, and career pathway navigation), especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education; (B) providing direct support services, or assistance in applying for such services, such as— (i) childcare, transportation, and emergency financial assistance; (ii) assistance in obtaining health insurance coverage and accessing health care services, including behavioral and mental health services; (iii) affordable housing; (iv) nutrition assistance programs or free or discounted food; and (v) means-tested Federal benefit programs, or similar State, tribal, or local benefit programs; (C) providing accelerated learning opportunities, such as dual or concurrent enrollment programs, including early college high school programs, and reforming course scheduling and credit awarding policies to better meet the needs of students and shorten time to completion; (D) strengthening and reforming remedial and developmental education, especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education, including through the use of multiple measures (such as a student’s college entrance examination score, grade point average, high school course list, or a placement examination) to identify students in need of remedial education; (E) utilizing career pathways, including through building capacity for career and technical education, as defined in section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(5) ), and programs of study, as defined in section 3(41) of such Act ( 20 U.S.C. 2302(41) ), or degree pathways; or (F) providing expanded opportunities for participating in work-based learning, which may include apprenticeship programs, in students’ programs of study; (4) a description of how the State or Indian tribe will ensure that programs leading to a recognized postsecondary credential meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3153(a) ) or other quality criteria determined appropriate by the State or Indian tribe; (5) an assurance that each community college in the State or under the authority of the Indian tribe have entered into program participation agreements under section 487; (6) an assurance that the State or Indian tribe will, to the maximum extent practicable, assist eligible students in obtaining information about and accessing means-tested Federal benefit programs and similar, State, tribal, and local benefit programs for which such students may be eligible; (7) an assurance that, for each year of the grant, the State or Indian tribe will notify each eligible student of the student’s remaining eligibility for assistance under this subpart; (8) if the application is submitted by a State— (A) a description of how the State will support the scaling and increased adoption of the reforms and practices described in paragraph (3); (B) an assurance that the State will, to the extent practicable, consider changes to State law that will enable more community college students to be eligible for means-tested Federal benefit programs and similar State benefit programs; (C) an assurance that the State will meet the requirements of section 499D(b)(1) relating to the alignment of secondary and postsecondary education; and (D) an assurance that the State will meet the requirements of section 499D(b)(2) relating to the improvement of transfer pathways between institutions of higher education; and (9) an assurance that the State or Indian tribe will clearly communicate to prospective students, their families, and the general public— (A) plans to implement the program funded under this subpart; and (B) how eligible students can attend a community college operated by the State or tribe without paying the cost of tuition and fees. 499D. Program requirements (a) General requirements for States and indian tribes As a condition of receiving a grant under this subpart, a State or Indian tribe shall meet the following requirements: (1) For each year of the grant the total amount of community college tuition and fees charged to an eligible student in the State or Indian tribe shall be $0. (2) For each year of the grant no amount of financial assistance for which an eligible student qualifies may be applied to such tuition or fees. (b) State requirements As a condition of receiving a grant under this subpart, a State shall meet the following requirements: (1) Alignment of K–12 and higher education (A) In general The State shall— (i) submit a plan to align the requirements for receiving a regular high school diploma from public schools in the State with the requirements for entering credit-bearing coursework at community colleges in such State; and (ii) not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that such alignment has been achieved. (B) Failure to certify If a State does not provide the certification required under subparagraph (A) by the date specified in such subparagraph, the State shall submit to the Secretary, at such time and in such manner as the Secretary may require— (i) a written explanation for the delay in making the certification; and (ii) a plan that will enable the State to make the certification by not later than 5 years after the date on which the State first received a grant under this subpart. (2) Transfer pathways (A) In general The State shall— (i) submit a plan, developed in collaboration with faculty from institutions of higher education in the State, to improve transfer pathways between institutions of higher education in the State, including by— (I) ensuring that associate degrees awarded by community colleges in the State are fully transferable to, and credited as, the first 2 years of related baccalaureate programs at public institutions of higher education in such State; and (II) ensuring that students attending community colleges in the State have access to comprehensive counseling regarding the process for transferring to a 4-year institution of higher education; and (ii) not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that the State is carrying out the plan submitted in accordance with clause (i) and is meeting the requirements of subclauses (I) and (II) of such clause. (B) Failure to certify If a State does not provide the certification required under subparagraph (A) by the date specified in such subparagraph, the State shall submit to the Secretary, at such time and in such manner as the Secretary may require— (i) a written explanation for the delay in making the certification; and (ii) a plan that will enable the State to make the certification by not later than 5 years after the date on which the State first received a grant under this subpart. (3) Applicability The Secretary may not apply the requirements under this subsection to an Indian tribe. (c) No additional eligibility requirements A State or Indian tribe that receives a grant under this subpart may not impose additional eligibility requirements on eligible students other than the requirements under this subpart. 499E. Allowable uses of funds (a) In general Except as provided in subsection (b), a State or Indian tribe shall use a grant under this subpart only to provide funds to each community college in the State, or operated or controlled by such tribe, as applicable, to enable each such community college to waive tuition and fees for eligible students as required under section 499D(a). (b) Additional uses If a State or Indian tribe demonstrates to the Secretary that the State or Indian tribe has grant funds remaining after meeting the demand for activities described in subsection (a), the State or Indian tribe may use those funds to carry out 1 or more of the following: (1) Enhancing the quality and equity of public higher education to improve student outcomes, including transfer and completion rates and labor market outcomes. (2) Investing in and diversifying the academic workforce. (3) Expanding the scope and capacity of high-quality academic and occupational skills training programs at community colleges, which may include collaboration with one or more industry or sector partnerships (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3201 )). (4) Improving postsecondary education readiness in the State or Indian tribe, including through outreach and early intervention. (5) Expanding access to dual or concurrent enrollment programs, such as early college high school programs. (6) Reducing unmet need at public 4-year institutions of higher education. (c) Use of funds for administrative purposes A State or Indian tribe that receives a grant under this subpart may not use any funds provided under this subpart for administrative purposes relating to such grant. (d) Maintenance of effort A State or Indian tribe receiving a grant under this subpart shall be entitled to receive its full allotment of funds under this subpart for a fiscal year only if, for each year of the grant, the State or Indian tribe provides— (1) State fiscal support for higher education per FTE student at a level equal to or exceeding the average amount of State fiscal support for higher education per FTE student provided for the 3 consecutive preceding fiscal years; (2) financial support for operational expenses (excluding capital expenses and research and development costs) for public 4-year institutions of higher education at a level equal to or exceeding the average amount provided for the 3 consecutive preceding State or Indian tribe fiscal years; and (3) financial support for need-based financial aid at a level equal to or exceeding the average amount provided for the 3 consecutive preceding State or Indian tribe fiscal years. (e) Supplement, not supplant Funds made available under this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities described in this section. (f) Report requirements (1) Reporting by States and indian tribes A State or Indian tribe receiving a grant under this subpart shall submit to the Secretary an annual report that shall include— (A) the uses of grant funds under this subpart; (B) the progress made in fulfilling the requirements of the grant; (C) the rates of transfer, graduation, and attainment of recognized postsecondary credentials at participating community colleges, disaggregated by race, income, and age; and (D) any other information that the Secretary may require. (2) Reporting by secretary The Secretary shall, on an annual basis— (A) compile and analyze the information described in paragraph (1); and (B) prepare and submit to the authorizing committees a report containing— (i) the analysis described in subparagraph (A); and (ii) an identification of State and Indian tribe best practices for achieving the purpose of this subpart. (g) Technical assistance The Secretary shall provide technical assistance to eligible States and Indian tribes concerning best practices regarding the promising and evidence-based institutional reforms and innovative practices to improve student outcomes and shall disseminate such best practices among the States and Indian tribes. (h) Continuation of funding (1) In general Except as provided in paragraph (2), a State or Indian tribe receiving a grant under this subpart for a fiscal year may continue to receive funding under this subpart for future fiscal years conditioned on the availability of budget authority and on meeting the requirements of the grant, as determined by the Secretary. (2) Discontinuation The Secretary may discontinue funding of the Federal share of a grant under this subpart if the State or Indian tribe has violated the terms of the grant or is not making adequate progress in implementing the reforms described in the application submitted under section 499C. 499F. Automatic stabilizers for america’s college promise (a) Maintenance of effort relief Notwithstanding subsection (d) of section 499E, a State that meets the qualifying spending requirements may request a waiver of the requirements under such subsection (d). The Secretary shall waive the requirements of such subsection (d) for a State that makes a qualifying request under this subsection as follows: (1) Tier I With respect to each State eligible for relief under tier I, such requirements shall be waived for the fiscal year succeeding the fiscal year in which the determination of the State’s eligibility for such relief is made. (2) Tiers II through V With respect to each State eligible for relief under tier II, III, IV, or V, such requirements shall be waived, in accordance with subsection (d), for— (A) the fiscal year in which the determination of the State’s eligibility for such relief is made; (B) the fiscal year succeeding the fiscal year described in subparagraph (A); or (C) both such fiscal years. (b) Match relief (1) State match relief Notwithstanding subsection (b) of section 499B, a State that is eligible for relief under tier II, III, IV, or V may request relief with respect to the requirements of such subsection (b). The Secretary shall provide relief from the requirements of such subsection (b), for the applicable fiscal year or years, for a State that makes a qualifying request under this paragraph as follows: (A) Tier II With respect to a State that is eligible for relief under tier II, the Secretary shall— (i) apply section 499B(a)(1) by substituting 80 percent for 75 percent ; and (ii) apply section 499B(b)(1)(A) by substituting 20 percent for 25 percent . (B) Tier III With respect to a State that is eligible for relief under tier III, the Secretary shall— (i) apply section 499B(a)(1) by substituting 85 percent for 75 percent ; and (ii) apply section 499B(b)(1)(A) by substituting 15 percent for 25 percent . (C) Tier IV With respect to a State that is eligible for relief under tier IV, the Secretary shall— (i) apply section 499B(a)(1) by substituting 90 percent for 75 percent ; and (ii) apply section 499B(b)(1)(A) by substituting 10 percent for 25 percent . (D) Tier V With respect to a State that is eligible for relief under tier V, the Secretary shall— (i) apply section 499B(a)(1) by substituting 95 percent for 75 percent ; and (ii) apply section 499B(b)(1)(A), by substituting 5 percent for 25 percent . (2) Applicable fiscal years With respect to each State eligible for relief under tier II, III, IV, or V, the Secretary shall provide the relief under paragraph (1), in accordance with subsection (d), for— (A) the fiscal year in which the determination of the State’s eligibility for such relief is made; (B) the fiscal year succeeding the fiscal year described in subparagraph (A); or (C) both such fiscal years. (c) State eligibility A State’s eligibility for relief under this section shall be determined as follows: (1) Tier I A State shall be eligible for relief under tier I for a fiscal year in which— (A) (i) the State was in an elevated unemployment period at any point in the fiscal year; or (ii) the Nation as a whole was in an elevated unemployment period at any point in the fiscal year; and (B) the State is not eligible for relief under any other tier. (2) Tier II A State shall be eligible for relief under tier II for a fiscal year in which— (A) (i) the State average unemployment rate was equal to or greater than 6.5 percent but less than 7.5 percent at any point in the fiscal year; or (ii) the national average unemployment rate is equal to or greater than 6.5 percent but less than 7.5 percent at any point in the fiscal year; and (B) the State is not eligible for relief under tier III, IV, or V. (3) Tier III A State shall be eligible for relief under tier III for a fiscal year in which— (A) (i) the State average unemployment rate was equal to or greater than 7.5 percent but less than 8.5 percent at any point in the fiscal year; or (ii) the national average unemployment rate is equal to or greater than 7.5 percent but less than 8.5 percent at any point in the fiscal year; and (B) the State is not eligible for relief under tier IV or V. (4) Tier IV A State shall be eligible for relief under tier IV for a fiscal year in which— (A) (i) the State average unemployment rate was equal to or greater than 8.5 percent but less than 9.5 percent at any point in the fiscal year; or (ii) the national average unemployment rate is equal to or greater than 8.5 percent but less than 9.5 percent at any point in the fiscal year; and (B) the State is not eligible for relief under tier V. (5) Tier V A State shall be eligible for relief under tier V for a fiscal year in which— (A) the State average unemployment rate was equal to or greater than 9.5 percent at any point in the fiscal year; or (B) the national average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal year. (d) Discretion in the provision of relief In determining the fiscal years for which to provide relief in accordance with subsections (a)(2) and (b) to a State that is eligible under tier II, III, IV, or V, the Secretary shall take into account the following: (1) In the case of a State that requests relief under subsection (a)(2), the fiscal years for which the State requests such relief, including— (A) if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the amount by which the State is unable to meet the requirements of section 499E(d) for such fiscal year; and (B) if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the amount by which the State anticipates being unable to meet such requirements for such succeeding fiscal year. (2) In the case of a State that requests relief under subsection (b), the fiscal years for which the State requests such relief, including— (A) if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the extent to which the State is unable to meet the requirements of section 499B(b) for such fiscal year; and (B) if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the extent to which the State anticipates being unable to meet such requirements for such succeeding fiscal year. (3) The actual or anticipated timing, severity, and duration of the unemployment rate increase during— (A) the fiscal year for which the determination of the State’s eligibility for such relief is made; (B) the fiscal year succeeding the fiscal year described in subparagraph (A); and (C) the fiscal year preceding the fiscal year described in subparagraph (A). (4) Other factors determined to be relevant by the Secretary. (e) Indian tribes (1) In general For purposes of determining the eligibility of an Indian tribe to receive relief under this section— (A) an Indian tribe that operates or controls a community college in a State that is eligible for relief under any tier shall be treated as a State for purposes of receiving relief under such tier, except as otherwise provided in paragraph (2); and (B) in the case of an Indian tribe that operates or controls a community college in at least 2 different States each of which is eligible for relief under different tiers, the Indian tribe shall receive relief under the tier offering the greatest level of relief. (2) Indian tribe match relief Notwithstanding subsection (b) of section 499B, an Indian tribe that is eligible for relief under tier II, III, IV, or V may request relief with respect to the requirements of such subsection (b). The Secretary shall provide relief from the requirements of section 499B(b), for the applicable fiscal year or years, for an Indian tribe that makes a qualifying request under this paragraph, by— (A) with respect to applying section 499B(a)(1), providing the appropriate relief described in subsection (b)(1) of this section; (B) applying section 499B(a)(2)(B) by substituting 100 percent for 95 percent ; and (C) applying section 499B(b)(1)(B)(ii), by substituting 0 percent for 5 percent . (f) Definitions In this section: (1) Elevated unemployment period The term elevated unemployment period — (A) when used with respect to the Nation as a whole, means a consecutive, 3-month period in a fiscal year in which the national average unemployment rate is not less than 0.5 percentage points above the lowest national average unemployment rate for the 12-month period preceding such 3-month period; and (B) when used with respect to a State, means a consecutive, 3-month period in a fiscal year in which the State average unemployment rate is not less than 0.5 percentage points above the lowest State average unemployment rate for the 12-month period preceding such 3-month period. (2) Qualifying spending requirements The term qualifying spending requirements means the requirements that a State not disproportionately decrease spending for any of the categories described in subparagraphs (A) through (C) of section 499E(d)(1) relative to such State’s overall, average decrease in spending for the 3 consecutive preceding fiscal years. (3) National average unemployment rate The term national average unemployment rate means the average (seasonally adjusted) rate of total unemployment in all States for a consecutive, 3-month period in a fiscal year, based on data from the Bureau of Labor Statistics of the Department of Labor. (4) State average unemployment rate The term State average unemployment rate means the average (seasonally adjusted) rate of total unemployment in a State for a consecutive, 3-month period in a fiscal year, based on data from the Bureau of Labor Statistics of the Department of Labor. 499G. Appropriations There are authorized to be appropriated, and there are appropriated to carry out this subpart (in addition to any other amounts appropriated to carry out this subpart and out of any money in the Treasury not otherwise appropriated), such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year. 499H. Definitions In this subpart: (1) Apprenticeship The term apprenticeship means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Career pathway The term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (3) Community college The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including 2-year Tribal Colleges or Universities under section 316 and public 2-year institutions of higher education operated by a State. (4) Dual or concurrent enrollment program The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) Early college high school The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (6) Eligible student The term eligible student means a student who— (A) is enrolled in an eligible program (as defined in section 481(b)) at a community college on not less than a half-time basis; (B) either— (i) qualifies for in-State resident community college tuition, as determined by the State or Indian tribe; or (ii) would qualify for such in-State resident community college tuition, but for the immigration status of such student; and (C) has not been enrolled (whether full-time or less than full-time) for more than 6 semesters (or the equivalent) for which the student received a waiver of community college tuition and fees under section 499D(a). (7) Indian tribe The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101. (9) Means-tested Federal benefit program The term means-tested Federal benefit program has the meaning given the term in section 479. (10) Recognized postsecondary credential The term recognized postsecondary credential has the meaning as described in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (11) State fiscal support for higher education (A) In general Except as provided in subparagraph (B), the term State fiscal support for higher education , used with respect to a State for a fiscal year, means an amount that is equal to the gross amount of applicable State funds appropriated or dedicated, and expended by the State, including funds from lottery receipts, in the fiscal year, that are used to support institutions of higher education and student financial aid for higher education in the State. (B) Exclusions State fiscal support for higher education for a State for a fiscal year shall not include— (i) funds described in subparagraph (A) that are returned to the State; (ii) State-appropriated funds derived from Federal sources, including funds provided under section 499B(b) and section 499J(b); (iii) amounts that are portions of multiyear appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation under this paragraph is being made, subject to subparagraph (D); (iv) tuition, fees, or other educational charges paid directly by a student to a public institution of higher education or to the State; (v) funds for— (I) financial aid programs provided to out-of-State institutions of higher education, including aid to students enrolled in such institutions; (II) merit-based financial aid to students awarded on the basis of predicted or actual academic performance; (III) financial aid for students attending, or annual operating expenses of, proprietary institutions of higher education (as defined in section 102(b)); (IV) financial aid for students attending, or annual operating expenses of, unaccredited institutions; (V) research and development; (VI) hospitals, athletics, or other auxiliary enterprises; or (VII) corporate or other private donations directed to 1 or more institutions of higher education permitted to be expended by the State; or (vi) any other funds that the Secretary determines shall not be included in the calculation of State fiscal support for higher education for such State. (C) Adjustments for biennial appropriations The Secretary shall take into consideration any adjustments to the calculations under this paragraph that may be required to accurately reflect State fiscal support for higher education in States with biennial appropriation cycles. (D) Indian tribes In determining the State fiscal support for higher education of an Indian tribe for a fiscal year, the Indian tribe shall be treated as a State except as otherwise determined appropriate by the Secretary. (12) State fiscal support for higher education per FTE student The term State fiscal support for higher education per FTE student , used with respect to a State or Indian tribe for a fiscal year, means, the quotient of— (A) the State fiscal support for higher education for the previous fiscal year; divided by (B) the number of full-time equivalent students enrolled in public institutions of higher education in such State or tribe for such previous fiscal year. . II Student success fund 201. Student success fund Part J of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), as added by section 101, is further amended by adding at the end the following: 2 Student success fund 499I. In general From amounts appropriated under section 499O for any fiscal year, the Secretary shall carry out a grant program (to be known as the Student Success Fund ) to make grants to eligible entities to carry out the activities and services described in section 499L. 499J. Federal share and matching funds (a) Federal share (1) Formula requirements The Federal share of a grant under this subpart shall be based on a formula, developed by the Secretary, that accounts for— (A) the State or Indian tribe’s relative share of eligible students, as determined in accordance with section 499B(c); (B) the State or Indian tribe’s relative share of Federal Pell Grant recipients; and (C) the ratio between a State or Indian tribe’s funding per full-time equivalent (FTE) student at public institutions of higher education and the average net price at public 4-year institutions of higher education, in such a way as to reward States and Indian tribes that keep net prices for students low while maintaining their fiscal support for higher education. (2) Formula published before application deadline The Secretary shall— (A) develop the formula described in paragraph (1); (B) calculate estimated allotments for each eligible entity under such formula; and (C) publish such formula and estimated allotments not later than the date of the notice soliciting applications for participation in the program under this subpart. (b) Matching funds (1) In general Except as provided in paragraph (2), an eligible entity participating in the program under this subpart shall provide, from non-Federal sources, in cash or in kind— (A) in each of the first, second, third, and fourth years of participation in the program, an amount equal to 25 percent of the amount such entity received under subsection (a) with respect to such year; (B) in each of the fifth and sixth years of participation in the program, an amount equal to 50 percent of the amount such entity received under subsection (a) with respect to such year; (C) in each of the seventh and eighth years of participation in the program, an amount equal to 75 percent of the amount such entity received under subsection (a) with respect to such year; and (D) in the ninth year and each subsequent year thereafter of participation in the program, an amount equal to 100 percent of the amount such entity received under subsection (a) with respect to such year. (2) Exception for indian tribes The Secretary may modify or waive the matching fund requirements under paragraph (1) in the case of an eligible entity that is an Indian tribe. (3) Reallotment If an eligible entity returns to the Secretary any portion of the grant amount provided to such eligible entity under this subpart for any fiscal year, or requests a grant amount that is less than the Federal share determined for such entity in accordance with subsection (a), the Secretary shall reallot such excess amount for the succeeding fiscal year, in addition to the amounts appropriated under 499O for such succeeding fiscal year. (c) Supplement, not supplant Grant funds awarded under this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities assisted under this subpart. 499K. Applications (a) In general To be eligible to participate in the program under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a plan that includes— (A) the amount of funds requested by the eligible entity under this subpart and the intended use of such funds; (B) how the eligible entity will use the requested funds to implement promising and evidence-based institutional reforms and innovative practices to improve student outcomes, including— (i) implementation of the reforms and practices identified by such entity under section 499C(b)(3); and (ii) annual implementation benchmarks that the entity will use to track progress in implementing such reforms and practices; (C) if the eligible entity is a State, how such eligible entity will support the scaling of evidence-based and innovative initiatives system-wide; (D) how the eligible entity will meet its matching fund requirements under section 499J(b); (E) if the eligible entity is a State, how such eligible entity will prioritize spending on the public institutions of higher education specified in paragraph (2)(B); and (F) the improvements the eligible entity anticipates in student outcomes, including improvements in transfer rates or completion rates, or both; and (2) if the eligible entity is a State, an analysis that includes— (A) with respect to each public institution of higher education of the eligible entity— (i) the total per-student funding; (ii) the amount of per-student funding from State-appropriated funds; (iii) the student demographics (including data on race, income, disability status, and remediation); and (iv) transfer and completion rates, including such rates among low-income students, students of color, students with disabilities, and students in need of remediation; and (B) whether, of the public institutions of higher education of the eligible entity, the public institutions of higher education that received less funding on a per-student basis described in clause (i) or (ii), or both, of subparagraph (A), are serving disproportionately high shares of low-income students, students of color, students with disabilities, or students in need of remediation. (b) Approval (1) In general Not later than 180 days after receiving a plan under subsection (a), the Secretary shall— (A) approve the plan; or (B) require revisions to such plan. (2) Revisions required An eligible entity shall make such revisions as required by the Secretary under paragraph (1)(B). (c) Publication The Secretary shall make each plan approved under subsection (b)(1)(A) and each plan revised under subsection (b)(2) available to the public on the website of the Department. 499L. Program requirements (a) General requirements (1) Report on demonstrated progress For the third year in which an eligible entity participates in the program under this subpart, and every 2 years thereafter, the eligible entity shall submit a report to the Secretary, in such manner and containing such information as the Secretary may require, that includes— (A) the progress in meeting the annual implementation benchmarks included in the application of such eligible entity under section 499K(a)(1)(B); (B) the progress in improving the student outcomes identified by the entity under section 499K(a)(1)(F); and (C) with respect to the 2 years after such report is submitted— (i) a plan for the use of funds under this subpart; and (ii) the amount of funds requested by the eligible entity under this subpart. (2) Approval Not later than 180 days after receiving a plan under paragraph (1)(C)(i), the Secretary shall— (A) approve the plan; or (B) require revisions to such plan. (3) Revisions required An eligible entity shall make such revisions as required by the Secretary under paragraph (2)(B). (b) Failure To meet requirements If an eligible entity does not meet the annual implementation benchmarks included in the application of such eligible entity under section 499K(a)(1)(B), as required to be reported under subsection (a)(1)(A), such eligible entity shall submit to the Secretary, at such time and in such manner as the Secretary may require— (1) a written explanation for the delay in meeting such requirements; and (2) a plan that will enable such eligible entity to meet such requirements not later than 1 year after the date on which the eligible entity submitted the written explanation under paragraph (1). (c) Publication The Secretary shall make each plan approved under subsection (a)(2)(A), each plan revised under subsection (a)(3), and each plan submitted under subsection (b)(2) available to the public on the website of the Department. 499M. Allowable uses of funds (a) In general Except as provided in subsection (b), an eligible entity shall use a grant under this subpart only to carry out the plan approved or revised for such year under section 499K. (b) Use of funds for administrative purposes An eligible entity that receives a grant under this subpart may use not more than 5 percent of such grant for administrative purposes relating to the grant under this subpart. (c) Prohibited uses of funds No funds received under this section shall be used to— (1) pay contractors for the provision of pre-enrollment recruitment activities through a revenue sharing agreement; or (2) fund endowments, athletics, sectarian instruction, or religious worship. 499N. Eligible entity defined In this subpart, the term eligible entity means a State or Indian tribe that is a recipient of a grant under subpart 1. 499O. Appropriations (a) Authorization and appropriations There are authorized to be appropriated, and there are appropriated to carry out this subpart (in addition to any other amounts appropriated to carry out this subpart and out of any money in the Treasury not otherwise appropriated), $1,000,000,000 for fiscal year 2022 and each succeeding fiscal year. (b) Availability Funds appropriated under subsection (a) shall remain available to the Secretary until expended. . III Pathways to student success for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions 301. Grants to Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions Part J of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), as added and amended by this Act, is further amended by adding at the end the following: 3 Grants to historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions 499P. Pathways to student success for Historically Black Colleges and Universities From amounts appropriated under section 499U(a) for any fiscal year, the Secretary shall award grants to participating historically Black colleges or universities that meet the requirements of section 499S(a) to— (1) encourage students to enroll and successfully complete a bachelor’s degree at such colleges and universities; (2) provide incentives to community college students to transfer to such colleges and universities through strong transfer pathways to complete a bachelor’s degree program; and (3) support such colleges and universities to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes. 499Q. Pathways to student success for Tribal Colleges and Universities From amounts appropriated under section 499U(a) for any fiscal year, the Secretary shall award grants to participating Tribal Colleges or Universities that meet the requirements of section 499S(a) to— (1) encourage students to enroll and successfully complete a bachelor’s degree at such Colleges and Universities; (2) provide incentives to community college students to transfer to such Colleges and Universities through strong transfer pathways to complete a bachelor’s degree program; and (3) support such Colleges and Universities to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes. 499R. Pathways to student success for Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, and Predominantly Black institutions From amounts appropriated under section 499U(a) for any fiscal year, the Secretary shall award grants to participating Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, and Predominantly Black institutions that meet the requirements of section 499S(a) to— (1) encourage students to enroll and successfully complete a bachelor’s degree at such institutions; (2) provide incentives to community college students to transfer to such institutions through strong transfer pathways to complete a bachelor’s degree program; and (3) support such institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes. 499S. Grant terms (a) Institutional eligibility An institution shall meet the requirements of this subsection if the institution— (1) in a public or nonprofit 4-year institution that has a student body of which not less than 35 percent are low-income students; (2) commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes, such as— (A) providing comprehensive academic, career, and student support services (including mentoring, advising, case management services, and career pathway navigation), especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education; (B) providing direct support services, or assistance in applying for such services, such as— (i) childcare, transportation, and emergency financial assistance; (ii) assistance in obtaining health insurance coverage and accessing health care services, including behavioral and mental health services; (iii) affordable housing; (iv) nutrition assistance programs or free or discounted food; and (v) means-tested Federal benefit programs, or similar State, tribal, or local benefit programs; (C) providing accelerated learning opportunities and degree pathways, such as dual or concurrent enrollment programs and pathways to graduate and professional degree programs; (D) partnering with employers, industry, nonprofit associations, and other groups to provide opportunities to advance learning outside the classroom, including— (i) work-based learning opportunities (such as internships or apprenticeships); or (ii) programs designed to improve inter-cultural development and personal growth (such as foreign exchange and study abroad programs); or (E) strengthening remedial education, especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education, including through the use of multiple measures (such as a student’s college entrance examination score, grade point average, high school course list, or a placement examination) to identify students in need of remedial education; (3) sets performance goals for improving student outcomes for the duration of the grant; and (4) if receiving a grant for transfer students, has a formal, statewide articulation agreement with community colleges in the State in which such institution operates that guarantees— (A) that a student who earns postsecondary credit at any community college in such State shall be able to fully transfer such credit toward meeting related degree or certificate requirements at such institution; and (B) that associate degrees awarded by community colleges in the State are fully transferable to, and credited as, the first 2 years of related baccalaureate programs at such institution. (b) Grant amount (1) Initial amount For the first year that an eligible institution participates in the grant program under this subpart and subject to paragraph (3), such eligible institution shall receive a grant in an amount based on the product of— (A) the actual cost of tuition and fees at the eligible institution in such year (referred to in this subpart as the per-student rebate); and (B) the number of eligible students enrolled in the eligible institution for the preceding year. (2) Subsequent increases For each succeeding year after the first year of the grant program under this subpart, each participating eligible institution shall receive a grant in the amount determined under paragraph (1) for such year, except that in no case shall the amount of the per-student rebate for an eligible institution increase by more than 3 percent as compared to the amount of such rebate for the preceding year. (3) Limitations (A) Maximum per-student rebate No eligible institution participating in the grant program under this subpart shall receive a per-student rebate amount for any year that is greater than the national average of annual tuition and fees at public 4-year institutions of higher education for such year, as determined by the Secretary. (B) First-year tuition and fees During the first year of participation in the grant program under this subpart, no eligible institution may increase tuition and fees at a rate greater than any annual increase at the eligible institution in the previous 5 years. (4) Students enrolled less than full-time The Secretary shall develop and implement a formula for making adjustments to grant amounts under this subpart based on the number of eligible students at each eligible institution enrolled less than full-time and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis. (c) Application An eligible institution that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds Funds awarded under this subpart to a participating eligible institution shall be used to waive or significantly reduce tuition and fees for eligible students by an amount not to exceed the annual per-student rebate amount. Such funds under this subpart may only be used to waive or reduce tuition and fees for the first 60 credits for which an eligible student is enrolled in the participating eligible institution. (e) Supplement, not supplant Funds made available under section 499U to carry out this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities under this subpart. 499T. Definitions In this subpart: (1) Alaska native-serving institution The term Alaska Native-serving institution has the meaning given such term in section 317(b). (2) Asian american and native american pacific islander-serving institution The term Asian American and Native American Pacific Islander-serving institution has the meaning given such term in section 371(c). (3) Eligible student The term eligible student means a student, regardless of age, who— (A) is enrolled in an eligible program (as defined in section 481(b)) at a participating eligible institution, on at least a half-time basis; (B) is a low-income student; (C) has been enrolled at such participating eligible institution under this subpart for not more than 60 credits; and (D) has not been enrolled (whether full-time or less than full-time) for more than 6 semesters (or the equivalent) for which the student received a benefit under this subpart. (4) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502. (5) Historically Black college or university The term historically Black college or university means a part B institution described in section 322(2). (6) Low-income student The term low-income student shall include— (A) any student eligible for a Federal Pell Grant under section 401; and (B) any student who meets the financial eligibility criteria for receiving a Federal Pell Grant under section 401, but who is ineligible to receive a Federal Pell Grant. (7) Native American-serving nontribal institution The term Native American-serving nontribal institution has the meaning given such term in section 371(c). (8) Native hawaiian-serving institution The term Native Hawaiian-serving institution has the meaning given such term in section 317(b). (9) Predominantly Black institution The term Predominantly Black institution has the meaning given such term in section 371(c). (10) Tribal college or university The term Tribal College or University has the meaning given the term in section 316(b)(3). 499U. Appropriations (a) Authorization and appropriations for HBCU, TCU, and MSI grants For the purpose of carrying out this subpart there are authorized to be appropriated, and there are appropriated— (1) $98,100,000 for fiscal year 2022; (2) $321,040,000 for fiscal year 2023; (3) $1,912,010,000 for fiscal year 2024; (4) $1,988,710,000 for fiscal year 2025; (5) $2,068,960,000 for fiscal year 2026; (6) $2,151,010,000 for fiscal year 2027; (7) $2,184,900,000 for fiscal year 2028; (8) $2,329,370,000 for fiscal year 2029; (9) $2,423,910,000 for fiscal year 2030; and (10) $2,521,990,000 for fiscal year 2031 and each succeeding fiscal year. (b) Availability Funds appropriated under subsection (a) for a fiscal year are to remain available to the Secretary through the two fiscal years following such fiscal year. (c) Insufficient funds If the amount appropriated under subsection (a) for a fiscal year is not sufficient to award each institution participating in the grant programs under sections 499P, 499Q, and 499R a grant under this subpart equal to 100 percent of the grant amount determined under section 499S(b), the Secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount appropriated under subsection (a). .
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II 117th CONGRESS 1st Session S. 1397 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Smith (for herself, Ms. Murkowski , Mr. Tester , Mr. Daines , Ms. Warren , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Public Health Service Act with respect to the collection and availability of health data with respect to Indian Tribes and Tribal organizations, and for other purposes.
1. Short title This Act may be cited as the Tribal Health Data Improvement Act of 2021 . 2. Collection and availability of health data with respect to Indian Tribes (a) Data collection Section 3101(a)(1) of the Public Health Service Act ( 42 U.S.C. 300kk(a)(1) ) is amended— (1) by striking , by not later than 2 years after the date of enactment of this title, ; and (2) in subparagraph (B), by inserting Tribal, after State, . (b) Data reporting and dissemination Section 3101(c) of the Public Health Service Act ( 42 U.S.C. 300kk(c) ) is amended— (1) by amending subparagraph (F) of paragraph (1) to read as follows: (F) the Indian Health Service, Indian Tribes, Tribal organizations, and epidemiology centers; ; and (2) in paragraph (3), by inserting Indian Tribes, Tribal organizations, epidemiology centers, after Federal agencies, . (c) Protection and sharing of data Section 3101(e) of the Public Health Service Act ( 42 U.S.C. 300kk(e) ) is amended— (1) in paragraph (2)— (A) by striking .. and inserting . ; (B) by striking The Secretary shall and inserting the following: (A) In general The Secretary shall ; and (C) by adding at the end the following: (B) Epidemiology centers and Indian Tribes With respect to data access for epidemiology centers and Indian Tribes, the Secretary shall establish a data sharing strategy, in consultation with the Secretary’s Tribal Advisory Committee, for purposes of providing access to data to the epidemiology centers and Indian Tribes that protect data privacy and security and data governance while ensuring that epidemiology centers and Indian Tribes have access to data sources necessary to accomplish their public health responsibilities and plans for use. ; and (2) by adding at the end the following new paragraph: (3) Tribal public health authority Beginning not later than 180 days after the date of the enactment of the Tribal Health Data Improvement Act of 2021 , the Secretary shall make available all requested data collected pursuant to this title with respect to health care and public health surveillance programs and activities, including such programs and activities that are federally supported or conducted, to— (A) the Indian Health Service; (B) Indian Tribes and Tribal organizations; and (C) epidemiology centers. . (d) Technical updates Section 3101 of the Public Health Service Act ( 42 U.S.C. 300kk ) is amended— (1) by striking subsections (g) and (h); and (2) by redesignating subsection (i) as subsection (h). (e) Definitions After executing the amendments made by subsection (d), section 3101 of the Public Health Service Act ( 42 U.S.C. 300kk ) is amended by inserting after subsection (f) the following new subsection: (g) Definitions In this section: (1) The term epidemiology center means an epidemiology center established under section 214 of the Indian Health Care Improvement Act, including any epidemiology center serving Indian Tribes regionally or serving urban Indian organizations nationally that is receiving funding from the Indian Health Service. (2) The terms Indian Tribe and Tribal organization have the meanings given to the terms Indian tribe and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act. . (f) Technical correction Section 3101(b) of the Public Health Service Act ( 42 U.S.C. 300kk(b) ) is amended by striking Data analysis.— and all that follows through For each federally and inserting Data analysis.— For each federally . 3. Improving health statistics reporting with respect to Indian Tribes (a) Technical aid to States and localities Section 306(d) of the Public Health Service Act ( 42 U.S.C. 242k(d) ) is amended by inserting , Indian Tribes, Tribal organizations, and epidemiology centers after jurisdictions . (b) Cooperative health statistics system Section 306(e)(3) of the Public Health Service Act ( 42 U.S.C. 242k(e)(3) ) is amended by inserting , Indian Tribes, Tribal organizations, and epidemiology centers after health agencies . (c) Federal-State-Tribal cooperation Section 306(f) of the Public Health Service Act ( 42 U.S.C. 242k(f) ) is amended— (1) by inserting , the Indian Health Service, after Commerce and Labor ; (2) by inserting , Indian Tribes, Tribal organizations, and epidemiology centers after State and local health departments and agencies ; and (3) by striking he shall and inserting the Secretary shall . (d) Registration area records Section 306(h)(1) of the Public Health Service Act ( 42 U.S.C. 242k(h)(1) ) is amended— (1) by striking in his discretion and inserting in the discretion of the Secretary ; and (2) by striking Hispanics, Asian Americans, and Pacific Islanders and inserting American Indians and Alaska Natives, Hispanics, Asians, and Native Hawaiian and other Pacific Islanders . (e) National Committee on Vital and Health Statistics Section 306(k) of the Public Health Service Act ( 42 U.S.C. 242k(k) ) is amended— (1) in paragraph (3), by striking , not later than 60 days after the date of the enactment of the Health Insurance Portability and Accountability Act of 1996, each place it appears; and (2) in paragraph (7), by striking Not later than 1 year after the date of the enactment of the Health Insurance Portability and Accountability Act of 1996, and annually thereafter, the Committee shall and inserting The Committee shall, on a biennial basis, . (f) Grants for assembly and analysis of data on ethnic and racial populations Section 306(m)(4) of the Public Health Service Act ( 42 U.S.C. 242k(m)(4) ) is amended— (1) in subparagraph (A)— (A) by striking Subject to subparagraph (B), the and inserting The ; and (B) by striking and major Hispanic subpopulation groups and American Indians and inserting , major Hispanic subgroups, and American Indians and Alaska Natives ; and (2) by amending subparagraph (B) to read as follows: (B) In carrying out subparagraph (A), with respect to American Indians and Alaska Natives, the Secretary shall— (i) in consultation with Indian Tribes, Tribal organizations, the Tribal Technical Advisory Group of the Centers for Medicare & Medicaid Services maintained under section 5006(e) of the American Recovery and Reinvestment Act of 2009, and the Tribal Advisory Committee established by the Centers for Disease Control and Prevention, and in coordination with epidemiology centers, develop guidance for State and local health agencies to improve the quality and accuracy of data with respect to the birth and death records of American Indians and Alaska Natives; (ii) confer with urban Indian organizations to develop guidance for State and local health agencies to improve the quality and accuracy of data with respect to the birth and death records of American Indians and Alaska Natives; (iii) enter into cooperative agreements with Indian Tribes, Tribal organizations, Urban Indian organizations, and epidemiology centers to analyze and address misclassification and undersampling of American Indians and Alaska Natives in data systems at the Federal, State, and local levels, with respect to— (I) birth and death records; and (II) Federal, State, and local health care and public health surveillance systems, including with respect to chronic and infectious diseases, unintentional injuries, environmental health, child and adolescent health, maternal health and mortality, foodborne and waterborne illness, reproductive health, and any other notifiable disease or condition; (iv) adopt, based on local, statewide, Tribal, and national best practices, uniform standards for the collection of health data on race and ethnicity; (v) encourage States to enter into data sharing agreements with Indian Tribes and epidemiology centers to improve the quality and accuracy of public health data regarding American Indians and Alaska natives, including by addressing misclassification and undersampling of American Indians and Alaska Natives in State and local public health data systems, including with respect to vital statistics, chronic and infectious diseases, unintentional injuries, environmental health, child and adolescent health, maternal health and mortality, foodborne and waterborne illness, reproductive health, and any other notifiable disease or condition; (vi) encourage States to adopt, based on local, statewide, Tribal, and national best practices, uniform standards for the collection of health data on race and ethnicity; and (vii) 180 days after the date of enactment of the Tribal Health Data Improvement Act of 2021 and biennially thereafter, issue a report on— (I) which States have data sharing agreements with Indian Tribes, Tribal Organizations, urban Indian organizations, or epidemiology centers to improve the quality and accuracy of health data, listed by data system name; and (II) actions taken by the Director of the Centers for Disease Control and Prevention to encourage States to enter into data sharing agreements with Indian Tribes, Tribal Organizations, urban Indian organizations, and epidemiology centers to improve the quality and accuracy of health data. . (g) Definitions Section 306 of the Public Health Service Act ( 42 U.S.C. 242k ) is amended— (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following: (n) In this section: (1) The term epidemiology center means an epidemiology center established under section 214 of the Indian Health Care Improvement Act, including any epidemiology center serving Indian Tribes regionally or serving urban Indian organizations nationally that is receiving funding from the Indian Health Service. (2) The terms Indian Tribe and Tribal organization have the meanings given to the terms Indian tribe and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act. (3) The term Urban Indian organization has the meaning given to that term in section 4 of the Indian Health Care Improvement Act. . (h) Authorization of appropriations Section 306(o) of the Public Health Service Act, as redesignated by subsection (g), is amended to read as follows: (o) To carry out this section, there is authorized to be appropriated $185,000,000 for each of the fiscal years 2021 through 2025. .
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II 117th CONGRESS 1st Session S. 1398 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Warren (for herself, Mr. Markey , Mr. Booker , Mr. Sanders , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish universal child care and early learning programs.
1. Short title This Act may be cited as the Universal Child Care and Early Learning Act . I Child care and early learning programs 101. Statement of purposes The purposes of this title are— (1) to provide all young children with a fair and full opportunity to reach their full potential, by establishing and expanding programs, to create universal, comprehensive child care and early learning programs that are available to all young children; (2) to ensure that families can access affordable, high-quality child care and early learning programs regardless of circumstance; (3) to promote the school readiness of all young children by enhancing their cognitive, social, emotional, and physical development— (A) in a learning environment that supports children's growth in language, literacy, mathematics, science, cognitive abilities, social and emotional functioning, creative arts, physical skills, and approaches to learning; and (B) through the provision to children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary; (4) to recognize and build upon the experience and success gained through the Head Start program, the military child care program, and similar efforts; (5) to provide that decisions on the nature of such child care and early learning programs be made at the community level with the full involvement of parents, family members, and other individuals and organizations in the community; and (6) to establish the legislative framework for child care and early learning services. 102. Definitions For purposes of this title: (1) Child care and early learning program The term child care and early learning program means any program that provides child care and early learning services in child care and early learning centers (including schools) or in family child care homes. (2) Child with a disability The term child with a disability means— (A) a child with a disability, as defined in section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ); and (B) an infant or toddler with a disability, as defined in section 632(5) of such Act ( 20 U.S.C. 1432(5) ). (3) Community The term community means a city, county, or multicity or multicounty unit within a State, an Indian reservation (including Indians in any nearby off-reservation area designated by an appropriate tribal government in consultation with the Secretary), or a neighborhood or other area (irrespective of boundaries or political subdivisions) that provides a suitable organizational base and possesses the commonality of interest needed to operate a child care and early learning program. (4) Covered child The term covered child means a child who— (A) is— (i) not younger than 6 weeks of age; and (ii) not yet required to attend school, under the laws of compulsory school attendance of the State in which the child resides; and (B) meets the requirements of regulations issued under section 124. (5) Dual language learner The term dual language learner means a child who is acquiring two or more languages at the same time, or a child who is learning a second language while continuing to develop the child's first language, including a child who may also be identified by a State or locality as bilingual , an English language learner , limited English proficient , an English learner , or a child who speaks a language other than English . (6) Family literacy services The term family literacy services means services that— (A) are family literacy services, as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 ); and (B) meet the requirements of section 641A of such Act ( 42 U.S.C. 9836a ). (7) Financial assistance The term financial assistance includes assistance provided by grant, agreement, or contract, for which payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. (8) Full-working-day The term full-working-day means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an entity to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child. (9) Health The term health , when used to refer to services or care provided to children enrolled in a child care and early learning program, their parents, or their siblings, shall be interpreted to refer to both physical and mental health. (10) Homeless child The term homeless child means an individual described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) ). (11) Indian The term Indian means an individual who is— (A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— (i) any tribe or band terminated since 1940; and (ii) any tribe or band recognized by the State in which the tribe or band resides; (B) a descendant of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Eskimo, Aleut, or other Alaska Native; or (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect on October 19, 1994. (12) Indian tribe The term Indian tribe means an Indian tribe, within the meaning of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq.). (13) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (14) Local educational agency The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (15) Locality The term locality means any city, municipality, county, or other political subdivision of a State having general governmental powers, or any combination of such political subdivisions. (16) Low-income The term low-income , used with respect to a child or other individual, means an individual in a family with a family income that is not more than 200 percent of the poverty line. (17) Migrant or seasonal child care and early learning program The term migrant or seasonal child care and early learning program means— (A) with respect to services for migrant farmworkers, a child care and early learning program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and (B) with respect to services for seasonal farmworkers, a child care and early learning program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2-year period. (18) Military child care program The term military child care program means the program carried out under subchapter II of chapter 88 of title 10, United States Code. (19) Native Hawaiian The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). (20) Poverty line The term poverty line means the official poverty line (as defined by the Office of Management and Budget) based on the most recent data available from the Bureau of the Census— (A) adjusted to reflect the percentage change in the Consumer Price Index For All Urban Consumers, issued by the Bureau of Labor Statistics, during the annual or other interval immediately preceding the date on which such adjustment is made; and (B) adjusted for family size. (21) Professional development The term professional development means the career-pathway aligned mechanisms that contribute to ensuring that a member of the early care and education workforce, in any setting, has or is working towards obtaining the degrees and other credentials needed to demonstrate the necessary knowledge and competencies for quality provision of child care and early learning services. (22) Scientifically valid research The term scientifically valid research includes applied research, basic research, and field-initiated research, in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. (23) Secretary The term Secretary means the Secretary of Health and Human Services. (24) State The term State means— (A) a State, as defined in section 637 of the Head Start Act; and (B) the Republic of Palau— (i) for each of fiscal years 2022 through 2026; and (ii) (if legislation approving a new agreement regarding United States assistance for the Republic of Palau has not been enacted by September 30, 2024), for each subsequent fiscal year for which such legislation has not been enacted. (25) Tribal land The term tribal land means a reservation, the land of an Indian tribe, or land designated by Hawaii as under the control of Native Hawaiians for purposes of this title. (26) Tribal organization The term tribal organization means— (A) the recognized governing body of any Indian tribe, and any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities, except that in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and (B) includes a Native Hawaiian organization, as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians. 103. Authorization of appropriations; appropriations (a) Appropriations There are authorized to be appropriated and there are appropriated to carry out this title (other than the activities described in subsection (b)), including meeting the entitlement requirements of section 111(b), such sums as may be necessary. (b) Authorization of appropriations There is authorized to be appropriated to carry out activities under sections 135, 136, 137, 138, 151, 152, and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title, $500,000,000 for each of fiscal years 2022 through 2032. A Prime sponsors and providers 111. Financial assistance for child care and early learning programs (a) In general The Secretary shall provide financial assistance for carrying out child care and early learning programs under this title to prime sponsors, to provide family-centered services to children to promote their development and learning, pursuant to plans and applications approved in accordance with the provisions of this title. (b) Entitlement Each covered child shall be entitled to participate in a child care and early learning program that meets the requirements of this title. The entitlement shall not be a capped entitlement. 112. Allocation of funds; payments (a) Allocation to activities The Secretary shall allocate the amounts appropriated for carrying out this title for any fiscal year after fiscal year 2021, in the following manner: (1) Child care and early learning programs The amount made available under section 103(a) shall be used for the purpose of providing financial assistance to carry out child care and early learning programs under this title for covered children, other than activities described in paragraph (2). (2) Administrative and enhancement activities Of the amounts appropriated under section 103(b)— (A) such portion, but not less than 50 percent, shall be used for the purpose of carrying out activities under sections 135 and 136 and such administrative activities as the Secretary determines to be necessary and appropriate to carry out this title; (B) such portion, but not less than 20 percent, shall be used for the purpose of carrying out activities under section 151; and (C) the remainder of such amounts shall be used for the purpose of carrying out activities under sections 137, 138, and 152. (3) Flexibility for emergency supplemental funding Notwithstanding paragraph (2), the Secretary may, after providing appropriate notice and written justification to Congress, redirect any amounts appropriated under section 103(b) as the Secretary determines to be necessary and appropriate to carry out section 151 for the purpose of carrying out activities under section 151. (b) Publication As soon as practicable after funds are appropriated under section 103(b) for any fiscal year, the Secretary shall publish in the Federal Register the amounts made available for that fiscal year to carry out each of the activities described in subsection (a)(2). (c) Payments (1) In general (A) Authority for payments In accordance with this subsection, the Secretary shall pay, from the allocation under subsection (a)(1), the Federal share of the costs of providing child care and early learning programs, in accordance with plans under sections 113 and 114 that have been approved as provided in this title. (B) Manner and timing for payments The Secretary may make such financial assistance as may be necessary to carry out this title. The Secretary may also withhold funds otherwise payable under this title in order to recover any amounts expended in the current or immediately prior fiscal year in violation of any provision of this title or any term or condition of financial assistance under this title. (2) Federal share (A) In general Except as provided in subparagraphs (B) through (E) and section 151, the Federal share of the costs of providing child care and early learning programs for covered children shall be not more than 80 percent. (B) Low-income children The Federal share shall be 80 percent of the costs of providing child care and early learning programs for low-income covered children. (C) Children who are not low-income The Federal share shall be 50 percent of the costs of providing child care and early learning programs for covered children who are not low-income children. (D) Children of migrant and seasonal farmworkers The Secretary shall pay for 100 percent of the costs of providing child care and early learning programs for covered children of migrant and seasonal farmworkers under this title. (E) Native american children The Secretary shall pay each prime sponsor designated under section 113 for 100 percent of the costs of providing child care and early learning programs for covered children in Indian tribes and Native Hawaiian covered children under this title. (F) Administrative amount When making a payment described in paragraph (1) to any prime sponsor for the Federal share of the costs of providing a child care and early learning program, the Secretary shall also make a payment to the prime sponsor of not more than 100 percent of the costs for staff and other administrative expenses of the prime sponsor, including such costs and expenses related to quality improvement (such as conducting monitoring and training) and operating the Child Care and Early Learning Council, but not to exceed an amount which is reasonable when compared with such costs and expenses for other prime sponsors. (3) Rate analysis (A) Process The Secretary shall, on the basis of recommendations by an committee of experts outside the Department of Health and Human Services, establish and implement a process for determining the costs described in paragraph (1)(A) and ensuring that the requirement of subparagraph (B) is met. (B) Sufficiency requirement The Secretary shall ensure that the Federal share determined under paragraph (2) is sufficient to ensure that a prime sponsor can meet all requirements under this title, including the national program standards under section 121, compensation provisions under section 136(b), and provisions relating to comprehensive services and access to services. (4) Non-Federal share (A) Sources The non-Federal share of the costs described in paragraph (1) may be provided through public or private funds (including labor union or employer contributions) and may be in cash or in kind, fairly evaluated, including facilities, goods, or services. (B) Fees from families Fees collected for services provided pursuant to section 114(j) may be used toward the non-Federal share. Such fees collected from a family may not exceed 7 percent of the family income, regardless of the number of children served from that family. (C) Excess contributions If, with respect to any fiscal year, a prime sponsor provides a non-Federal share, for any program that exceeds its requirements for such a share, such excess may be applied toward meeting the requirements for such a share for the subsequent fiscal year under this title. (d) Maintenance of effort No State or locality shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this title. 113. Designation of prime sponsors (a) Authority To designate (1) Qualified entities In accordance with the provisions of this section, a State, locality, Indian tribe, tribal organization, or public or private nonprofit agency or organization, meeting the requirements of this title may be designated by the Secretary as a prime sponsor for the purpose of entering into arrangements to carry out child care and early learning programs under this title. (2) Prime sponsorship plans An entity may be designated by the Secretary as a prime sponsor for a period of fiscal years only pursuant to an application in the form of a prime sponsorship plan which was submitted by such entity and approved by the Secretary in accordance with the provisions of this title. At a minimum, the plan shall— (A) describe the service area to be served and how the program will be delivered; (B) provide a comprehensive child care and early learning plan, as described in section 114(b); and (C) demonstrate that the entity has the authority under its charter or applicable law to receive and administer funds under this title, funds and contributions from private or public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program that may be so used. (3) Approval No prime sponsorship plan, or modification of the plan, submitted by an entity under this section shall be approved by the Secretary unless the Secretary determines, in accordance with regulations which the Secretary shall prescribe, that— (A) the local educational agency for the service area and other appropriate educational and training agencies and institutions have had an opportunity to submit comments to the entity and to the Secretary; (B) appropriate officials from Indian tribes or tribal organizations have had an opportunity to submit comments to the entity and to the Secretary; and (C) the Governor of the State has had an opportunity to submit comments to the entity and to the Secretary. (4) Joint submission In order to contribute to the effective administration of this title, the Secretary shall establish appropriate procedures to permit an entity described in subsection (a)(1) and a State to submit jointly a single comprehensive child care and early learning plan for the service areas the entity and State propose. If the Secretary approves such a plan, the Secretary may designate the entity as a prime sponsor, and the State as a prime sponsor, for the corresponding service areas. (b) Additional approval procedures (1) Locality over population threshold The Secretary shall approve a prime sponsorship plan submitted by a locality if— (A) the locality meets a population threshold determined by the Secretary, except that the Secretary may waive the population threshold if it creates a barrier to providing child care and early learning services in a service area of a specified type, such as a rural region; (B) the plan meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area of such locality; and (C) the locality is a— (i) city; (ii) county; or (iii) other unit of general local government, including a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Localities with common geographical area In the event that the area under the jurisdiction of a unit of general local government described in clause (i), (ii), (iii), or (iv) of paragraph (1)(C) includes any common geographical area with the geographical area covered by another such unit of general local government, the Secretary shall designate to serve such common area the unit of general local government that— (A) the Secretary determines has the capability of more effectively carrying out the purposes of this title with respect to such area; and (B) has submitted a plan which meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in such area. (3) Localities (A) Submission by combination In the event that the Secretary determines that a locality does not meet the requirements for designation as a prime sponsor under this section, the Secretary shall take steps to encourage the submission of a prime sponsorship plan, covering the area of such locality, by a combination of localities which are adjoining and possess a sufficient commonality of interest. (B) Approval The Secretary shall approve a prime sponsorship plan submitted by such a combination of localities, if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area covered by the combination of such localities. (4) Indian tribes and tribal organizations The Secretary shall approve a prime sponsorship plan submitted by an Indian tribe or tribal organization if the Secretary determines that the plan so submitted meets the requirements of subsection (a) and includes adequate provisions for carrying out child care and early learning programs in the area to be served. (5) States The Secretary shall approve a prime sponsorship plan submitted by a State if the Secretary determines that the plan so submitted— (A) meets the requirements of subsection (a); (B) includes adequate provisions for carrying out child care and early learning programs in the area to be served; (C) contains a commitment to coordinating the State's early childhood programs to create a cohesive system, for children from birth to entry into kindergarten, for providing child care and early learning services; (D) demonstrates that the State can deliver a child care and early learning program that ensures coverage of— (i) the entire State; or (ii) the portions of the State that are not proposed to be covered by other entities submitting applications under subsection (a)(2); and (E) demonstrates that the State can deliver such a program with sufficient local administration, governance, and input. (6) Two phases of application review (A) In general The Secretary shall establish two phases of review for applications in the form of prime sponsorship plans. Entities submitting such applications for the first phase of review shall be given preference for designation under subsection (a). (B) First phase States, Indian tribes, tribal organizations, entities applying to carry out migrant or seasonal child care and early learning programs, and entities and States submitting applications jointly may submit applications described in subparagraph (A) for the first phase of application review. (C) Second phase Localities, public or private nonprofit agencies or organizations, and entities described in subparagraph (B) may submit applications described in subparagraph (A) for the second phase of application review. (c) Disapproval; withdrawal of approval A prime sponsorship plan submitted under this section may be disapproved or a prior designation of a prime sponsor may be withdrawn only if the Secretary, in accordance with regulations which the Secretary shall prescribe, has provided— (1) written notice of intention to disapprove such plan or withdraw such designation, including a statement of the reasons; (2) a reasonable time in which to submit corrective amendments to such plan or undertake other necessary corrective action; and (3) an opportunity for a public hearing upon which basis an appeal to the Secretary may be taken as of right. (d) Unserved areas In the event that a prime sponsorship plan has not been submitted or approved, if a prime sponsor designation has been withdrawn, or if the needs of seasonal and migrant farmworkers, minority groups, or low-income individuals are not being met, for a service area, the Secretary may enter into an agreement with an organization, such as a national nonprofit organization, to serve as the prime sponsor for such an area. The Secretary shall meet the requirements described in subsection (g) before entering into the agreement. (e) Designation renewal (1) Designation renewal A prime sponsor shall obtain renewal of the designation of the prime sponsor not more frequently than every 3 years and not less frequently than every 5 years. (2) System for designation renewal The Secretary shall develop a system for prime sponsors to renew their designation, under which the Secretary shall determine if a prime sponsor is delivering a high-quality and comprehensive child care and early learning program that meets the health, educational, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in section 121(a), and governance and legal requirements. (f) Prohibition against entities other than Indian tribes or tribal organizations receiving a grant for a child care and early learning program on Indian land (1) In general Notwithstanding any other provision of law, except as provided in paragraph (2), under no condition may an entity other than an Indian tribe or tribal organization receive a grant to carry out a child care and early learning program on tribal land. (2) Exceptions (A) No Indian tribe or tribal organization available In a service area in which there is no Indian tribe or tribal organization available for designation to carry out an child care and early learning program on Indian land, an entity that is not a tribal organization may receive a grant to carry out an child care and early learning program on Indian land, but only until such time as an Indian tribe or tribal organization in such service area becomes available and is designated pursuant to this section. (B) Joint prime sponsors For a service area that consists of any non-reservation Indian land, if the Indian tribe or tribal organization involved is not interested in serving or does not have the capacity to serve the entire service area, the Indian tribe or tribal organization may work with another prime sponsor to jointly serve as prime sponsors for the service area. (g) Family, child care worker, and community participation The Secretary shall— (1) significantly involve parents, family members, family child care home providers, child care and early learning staff, labor unions, and community residents in the service area for the program involved, in the process for designation of prime sponsors; and (2) ensure that the persons selected to be involved in that process shall reflect the diversity of the service area, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. 114. Powers and functions of prime sponsors (a) Authority If an entity has been designated as a prime sponsor under this title— (1) the entity may receive and administer funds under this title, funds and contributions from private or local public sources that may be used in support of a child care and early learning program, and funds under a Federal or State assistance program related to the provision of child care and early learning services; (2) the entity may transfer funds so received, and delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities; (3) the entity's power to transfer funds and delegate powers shall include the power to make transfers and delegations for services in all cases where the transfers and delegations will contribute to efficiency and effectiveness or otherwise further program objectives; and (4) the entity may set up a process to negotiate wages, benefits, hours, and working conditions of teachers and other staff in the corresponding child care and early learning program. (b) Comprehensive child care and early learning plans (1) In general Financial assistance under this title may be provided by the Secretary to an entity that is a prime sponsor designated pursuant to section 113 only pursuant to an application in the form of a comprehensive child care and early learning plan which was submitted annually by such entity and approved by the Secretary in accordance with the provisions of this title. (2) Contents Any such plan shall set forth a comprehensive proposal, for providing child care and early learning services in the service area, which— (A) assesses all child care and early learning needs and goals within the area and the applicant's proposal for addressing those needs; (B) describes the demographic and economic data and other criteria the prime sponsor proposes to use to determine whether a community is in particular need of child care; (C) identifies specific communities determined to be in particular need of child care, where such communities are located, the size and scope of such areas, and the age groups of children in need of child care in such areas; (D) describes how the prime sponsor will increase the child care supply, quality, and affordability for all families in communities of particular need, which may include providing start-up funding, technical assistance, training and professional development for the child care workforce, enhanced compensation, and other activities; (E) describes how the prime sponsor will provide comprehensive health, mental health, education, parental or family member involvement, nutritional, social, and other services for the children that need child care and early learning services, including appropriate screening and referrals for children with challenging behaviors and other mental health needs; (F) provides that services are full-working-day and full calendar year long, and ensures that the available hours of services are responsive to the needs of families in the service area, including, as appropriate, nonstandard hour care; (G) describes how the prime sponsor will guarantee all children in the service area access to the child care and early learning program and use funds provided under section 112(a)(1) for child care and early learning services; (H) describes how the prime sponsor will promote children’s mental health, social and emotional well-being, and overall health, by providing supports for positive learning environments for the children, including— (i) strategies for supporting children with challenging behaviors and other social, emotional, and mental health concerns; and (ii) teacher training and mental health consultations for both staff and children of the child care and early learning program; (I) includes a policy on suspension and expulsion that— (i) prohibits or severely limits the use of suspension due to a child’s behavior and ensures suspensions are only temporary in nature; (ii) prohibits expelling or unenrolling a child from the program because of the child’s behavior; and (iii) provides that, in the case of a child exhibiting persistent and serious challenging behaviors, the program provider will— (I) explore all possible steps and document all steps taken to address such behaviors; (II) make efforts to facilitate the child’s safe participation in the program; and (III) after taking the steps described in subclauses (I) and (II), if the provider determines, in consultation with parents and other professionals, that the program is not the most appropriate placement for the child, work with the parents to directly facilitate the transition of the child to a more appropriate placement; (J) provides that funds received under section 112(a)(1) will be used for a child care and early learning program for covered children; (K) describes how, in the case of a prime sponsor located within or adjacent to a metropolitan area, the prime sponsor will coordinate activities with other prime sponsors located within such metropolitan area; (L) provides that, to the extent feasible, the child care and early learning program will include children from a range of socioeconomic backgrounds, and that children will have access to all child care and early learning service providers in the service area, with priority given to the provider preferences stated by the parents and family members of low-income children; (M) ensures that, where socioeconomic diversity of children among providers in the service area cannot be achieved, the share of program costs not covered through the Federal share or program fees does not fall on a single provider or a subset of providers within the service area; (N) provides that services will be culturally, linguistically, and developmentally appropriate; (O) provides that services will take into account the unique needs of communities, families, and children in the service area, including low-income children, children with incarcerated parents, homeless children, and children who are dual language learners; (P) describes a system for offering child care and early learning options, for facilitating the selection of such an option, and for enrollment of children, which may include establishing and operating a website for families; (Q) describes how the prime sponsor will conduct outreach to all families in the service area and referrals, using the appropriate medium for families who speak a language other than English; (R) provides equitably for the child care and early learning needs of all covered children within the service area, and promotes equity and addresses disparities in the provision of services, including equity and disparities related to income, culture, race and ethnicity, language, or status as a child of a migrant or seasonal farmworker, as a child belonging to an Indian tribe, or as a Native Hawaiian child; (S) provides, insofar as possible, for coordination of the child care and early learning program with other social programs; (T) provides for— (i) direct participation of parents, family members, and child care and early learning program staff, including teachers and paraprofessionals, in the conduct of overall direction of, decision-making for, and evaluation of the child care and early learning program; and (ii) sufficient support for the persons described in clause (i) to participate in the activities described in clause (i); (U) provides to the extent feasible for the employment as both professionals and paraprofessionals of residents in the service area in a way that takes into account the cultural, racial and ethnic, and linguistic diversity of the families served; (V) includes to the extent feasible a career development plan for paraprofessional and professional training, education, and advancement on a career ladder; (W) provides that, insofar as possible, persons residing in the service area will receive jobs, including in-home and part-time jobs, and opportunities for training in programs under sections 135 and 136, with special consideration for career opportunities for low-income individuals; (X) provides for the regular and frequent dissemination of information in the language of those to be served, to assure that parents, family members, and interested persons in the service area are fully informed of services available through the child care and early learning program, and of the activities of the prime sponsor’s Child Care and Early Learning Council; (Y) provides for coordination with administrators of programs and services that are related to child care and early learning programs and services and that are not funded through this title, including programs conducted under the auspices of or with the support of business or financial institutions or organizations, industry, labor unions, employee or labor-management organizations, or other community groups; (Z) as applicable, describes any arrangements for the delegation, under the supervision of the Child Care and Early Learning Council, to public or private agencies or organizations, of responsibilities for the delivery of child care and early learning services for which financial assistance is provided under this title or for planning or evaluation services to be made available with respect to a child care and early learning program under this title; (AA) contains plans for regularly conducting surveys and analyses of needs for the child care and early learning program in the service area and for submitting to the Secretary a comprehensive annual report and evaluation in such form and containing such information as the Secretary shall require by regulation; (BB) provides that— (i) services for children with disabilities at the State, tribal, and local levels will be available, in the child care and early learning program approved under the plan; and (ii) formal linkages are in place between the program and providers of early intervention services for infants and toddlers with disabilities; (CC) provides assurances satisfactory to the Secretary that the non-Federal share requirements described in section 112(c) will be met; (DD) provides for such fiscal control, fiscal staffing, and funding accounting procedures as the Secretary may prescribe to assure proper disbursement of and accounting for Federal funds paid to the prime sponsor; (EE) provides that the child care and early learning program, or services within the program, under this title shall be provided only for children whose parents or legal guardians have requested the services; (FF) sets forth satisfactory provisions for establishing, consistent with subsection (d)(1), and maintaining a Child Care and Early Learning Council which meets the requirements of subsection (d); (GG) provides verification that the sponsor and its delegate providers— (i) will recognize and bargain with labor unions representing family child care home providers, teachers and other staff of child care and early learning programs in order to meet the requirements set forth in section 136 and for other purposes; and (ii) will not assist in, promote, or deter labor union organizing; (HH) provides an annual technical assistance and training plan; (II) provides for collection and reporting of program performance data in both an aggregate form and disaggregated by family income, culture, race and ethnicity, and primary language; (JJ) documents a written affirmation, signed by the appropriate officials from Indian tribes or tribal organizations approved by the tribes or Native Hawaiian groups, which recognizes that the prime sponsor has engaged in timely and meaningful consultation with the appropriate officials from Indian tribes or tribal organizations if— (i) a program is being operated on or near an Indian reservation, or if more than 15 percent of children enrolled in the program are Indians or Native Hawaiians; and (ii) the prime sponsor is not an Indian tribe or tribal organization; (KK) provides that services will be provided with a holistic and multi-generational approach that includes promoting the well-being of pregnant women and engaging expectant parents during prenatal and early months; (LL) describes how the sponsor will ensure that key workplace protections and rights, similar to the protections and rights specified in the National Labor Relations Act ( 29 U.S.C. 151 et seq.), are provided; (MM) describes how the sponsor will implement a process in which, through their labor unions, family child care home providers and child care and early learning center staff participate in a collective process to set wages, benefits, hours, and minimum standards for working conditions; (NN) describes how the sponsor will ensure that family child care home providers, including teachers and other staff of family child care home providers, and teachers and other staff at a child care and early learning center (including employees of a delegate provider) are paid compensation that meets the requirements of section 136(b); (OO) provides that the sponsor will provide teachers and other staff with supports that are high-quality, research-based, and rooted in adult learning theory; (PP) provides that the program will be accessible to, and that staff will receive training on working with, children with disabilities and parents with disabilities; and (QQ) meets any other requirements or provides any information the Secretary requires by regulation. (c) Uses The Secretary shall provide the financial assistance to a prime sponsor, for the planning, conduct, administration, and evaluation of a child care and early learning program that delivers services in accordance with the requirements of the comprehensive child care and early learning plan specified under subsection (b), and for implementing the following activities: (1) (A) Provide for family member and community involvement, including the involvement of parents, family members, community residents, current or future staff of a child care and early learning program, and local businesses, in the design and implementation of the program. (B) The prime sponsor shall— (i) provide for the involvement in a manner that recognizes parents and family members as their children’s primary teachers and nurturers; and (ii) implement intentional strategies to engage parents and family members in their children’s learning and development and support parent-child relationships. (2) Provide for implementing additional activities, other than the activities described in paragraph (1), that the Secretary determines to be appropriate by regulation, which additional activities may include— (A) activities to support family well-being related to family safety, health, and economic stability, including substance abuse counseling (either directly or through referral to local entities), which may include providing information on the effect of prenatal exposure to drugs and alcohol; and (B) other activities designed to facilitate a partnership in the program with parents in supporting the development and early learning of their child, including providing— (i) training in basic child care and early learning (including cognitive, social, and emotional development); (ii) assistance in developing adult or family literacy and communication skills; (iii) opportunities to share experiences with other parents (including parent-mentor relationships); (iv) health services, including information on maternal depression and mental health; (v) regular in-home or virtual visitation; or (vi) family literacy services. (3) Provide, with respect to each participating family, a family needs assessment that includes consultation with the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, where applicable) in the family’s preferred language or through an interpreter, to the extent practicable, and ensure parents have the opportunity to share personal information in an environment in which the parents feel safe. (4) Provide to parents of dual language learners outreach and information, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand. (5) Promote the continued partnership in the program of the parents (including, in this paragraph, foster parents, grandparents, and kinship caregivers, as appropriate) of children that participate in child care and early learning programs in the education of their children upon transition of their children to school, by working with the local educational agency— (A) to implement strategies and activities, including providing information and training to the parents— (i) to help parents advocate for and promote successful transitions to kindergarten for their children, including helping parents continue to be involved in the education and development of their child, and to help parents understand and prepare to exercise their rights and responsibilities concerning the education of their children; (ii) in the case of parents with children who receive services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), to collaborate with the parents, and the local agency responsible for providing such services, to support the children and parents in transitioning to a new setting in elementary school; and (iii) to prepare parents— (I) to understand and work with schools in order to communicate with teachers and other school personnel; (II) to continue to support their children's learning, in an elementary school setting; and (III) to participate as appropriate in decisions relating to the education of their children and advocate for their children's needs; and (B) to advocate for the local educational agency to ensure that schools have a process in place to take other actions, as appropriate and feasible, to support the active involvement of the parents with schools, school personnel, and school-related organizations. (6) Establish effective procedures for timely referral of children with disabilities to the State or local agency providing services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), and collaboration with that agency. (7) Establish effective procedures— (A) for providing necessary early intervention services and special education and related services to children with developmental delays and disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of such Act; and (B) in the case of a child for whom an evaluation determines that the child is not eligible for early intervention services or special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 ), but who has a documented significant delay, for partnering with parents to help the parents access services and supports to help address the child’s identified needs through health insurance or other means. (8) Ensure that each family with a covered child who requests a placement receives one in the service area and, in making the placement, recognize and take into account the family’s needs regarding setting (such as a family child care home or center-based setting), cultural and linguistic preferences, operating schedule, and preferences on location. (9) Provide both center-based and family child care home options for child care and early learning services to families. (d) Program governance (1) Advisory council Upon receiving designation as a prime sponsor, the prime sponsor shall establish a Child Care and Early Learning Advisory Council (referred to in this section as a Council ) and maintain the Council to advise the prime sponsor and assist in the coordination of program services and implementation. (2) State council In the event that the prime sponsor is a State, the Council shall coordinate activities with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b) in the Head Start Act ( 42 U.S.C. 9837b(b) ). (3) Overall composition (A) In general The Secretary shall establish the composition requirements for the Council ensuring that the Council has representation of— (i) parents or family members of children served by child care and early learning programs; (ii) staff and providers of child care and early learning programs, or their representatives; and (iii) other relevant stakeholders. (B) Representation Members of the Council shall reflect the population served by the prime sponsor, with respect to income, culture, race and ethnicity, language, and status as a migrant or seasonal farmworker, Indian, or Native Hawaiian. (4) Chairperson Each Council shall select its own chairperson, from among the members of the Council. (5) Conflict of interest (A) In general Members of the Council shall— (i) not have a financial conflict of interest with the prime sponsor; (ii) not receive compensation for serving on the Council or for providing services to the prime sponsor; (iii) not be employed, nor shall members of their immediate family be employed, by a prime sponsor in the service area; and (iv) as a Council, operate as an entity independent of staff employed by the prime sponsor. (B) Exception If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Council, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (A)— (i) such individual shall not be prohibited from serving on such body and the Council shall report such conflict to the Secretary; and (ii) if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation. (6) Responsibilities The Council shall provide regular advice and guidance to the prime sponsor on the basic goals, policies, actions, and procedures, at a basic level, for the prime sponsor relating to the child care and early learning program involved, including policies with respect to planning, general supervision and oversight, overall coordination, personnel, budgeting, funding, and monitoring and evaluation, of the programs. (e) Program governance administration (1) Impasse policies The Secretary shall develop policies, procedures, and guidance for prime sponsors concerning the resolution of internal disputes, including any impasse in the governance of child care and early learning programs. (2) Conduct of responsibilities Each prime sponsor shall ensure the sharing of accurate and regular information for use by the Council, about program planning, policies, and operations. (3) Training and technical assistance Appropriate training and technical assistance shall be provided to the members of the Council to ensure that the members understand the information the members receive and can effectively oversee and participate in the child care and early learning program of the prime sponsor. (f) Collaboration and coordination On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program is implemented in a way that promotes collaboration and coordination with public and private entities, to the maximum extent practicable, to improve the availability and quality of services to children and families, including implementing each of the following activities: (1) Conduct outreach to schools in which children participating in the child care and early learning program will enroll following the program, local educational agencies, the local business community, community-based organizations, faith-based organizations, museums, health care providers, and libraries to generate support and leverage the resources of the entire local community in order to improve school readiness. (2) Coordinate activities and collaborate with entities (including providers) carrying out programs under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq.), section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ), parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq., 670 et seq.), subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.), section 619 and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.), or the Head Start Act ( 42 U.S.C. 9831 et seq.), and other entities providing early childhood education and development programs or services. (3) Take steps to coordinate activities with the local educational agency serving the service area involved and with schools in which children participating in the child care and early learning program will enroll following the program, including— (A) collaborating on the shared use of transportation and facilities, in appropriate cases; (B) collaborating to reduce the duplication and enhance the efficiency of services while increasing the program participation; and (C) exchanging information on the provision of noneducational services. (4) If there is a public preschool program in the service area that is not a prime sponsor nor a participant in the child care and early learning program, enter into a memorandum of understanding with the local entity responsible for managing the preschool program, not later than 1 year after the date of enactment of this Act, that shall— (A) (i) provide for a review of each of the activities described in clause (ii); and (ii) include plans to coordinate, as appropriate, activities regarding— (I) educational activities, curricular objectives, and instruction; (II) public information dissemination and access to programs for families contacting the child care and early learning program or the preschool program; (III) selection priorities for eligible children to be served by the child care and early learning program or any of the preschool programs; (IV) service areas; (V) staff training, including opportunities for joint staff training on topics such as academic content standards, instructional methods, curricula, and social and emotional development; (VI) program technical assistance; (VII) provision of additional services to meet the needs of parents or family members, as applicable; (VIII) communications and outreach to parents and family members for smooth transitions to kindergarten as required in paragraphs (3) and (6) of section 122(a); (IX) provision and use of facilities, transportation, and other program elements; and (X) other elements mutually agreed to by the parties to such memorandum; (B) be submitted to the Secretary and the State Director of Child Care and Early Learning Program Collaboration not later than 30 days after the parties enter into such memorandum; and (C) be revised periodically and renewed biennially by the parties to such memorandum, in alignment with the beginning of the school year. The requirements of the preceding sentence shall not apply where the local entity responsible for managing the public preschool program is unable or unwilling to enter into such a memorandum, and the prime sponsor shall inform the Secretary and the State Director of Child Care and Early Learning Program Collaboration of such inability or unwillingness. (g) Standards, curricula, and assessment On receiving designation as a prime sponsor, the prime sponsor shall ensure that the child care and early learning program will— (1) take steps to ensure, to the maximum extent practicable, that children maintain the developmental and educational gains achieved and build upon such gains in further schooling; (2) meet the national program standards set forth in section 121(a); (3) implement a research-based early childhood curriculum that— (A) promotes young children’s school readiness in the areas listed in section 121(a)(4)(A)(ii); (B) is based on scientifically valid research and has standardized training procedures and curriculum materials to support implementation; (C) is comprehensive and linked to an ongoing assessment and aligned with State early learning standards, within the meaning of section 637 of the Head Start Act ( 42 U.S.C. 9832 ), which is conducted not more than twice a year, with developmental and learning goals and measurable objectives; and (D) is focused on improving the learning environment, teaching practices, parent and family member involvement, and child outcomes across all areas of development; (4) implement effective interventions and support services that help promote the school readiness of children participating in the child care and early learning program involved; (5) use research-based assessment methods, including such methods that provide proven results regardless of culture, race or ethnicity, or language spoken at home, in order to support the educational instruction and school readiness of children in the program; (6) use research-based developmental screening tools that have been demonstrated to be— (A) standardized, reliable, valid, and accurate for the child being assessed, to the maximum extent practicable; and (B) age, developmentally, culturally, and linguistically appropriate, for the child and, if relevant, appropriate for children with disabilities; (7) adopt, in consultation with experts in child care and early learning and with classroom teachers, a non-punitive evaluation to assess classroom teachers and to inform professional development plans, as appropriate, that leads to improved teacher effectiveness; (8) establish goals and measurable objectives for the provision of health, educational, nutritional, social services, and other services provided under this title and related to the program mission and to promoting school readiness; (9) develop procedures for identifying and promoting the language knowledge and skills of dual language learner children; and (10) not use funds to develop or implement an assessment for children that— (A) will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; (B) will be used as the primary or sole basis for providing a reward or sanction for an individual provider; (C) will be used as the primary or sole basis for assessing program effectiveness; or (D) will be used to deny children eligibility to participate in the program carried out under this title. (h) Exceptions Nothing in this title shall preclude a State from using a single assessment (as determined by the State) for children for— (1) supporting learning or improving a classroom environment; (2) targeting professional development to a provider; (3) determining the need for health, mental health, disability, developmental delay, or family support services; (4) obtaining information for the quality improvement process at the State level; or (5) conducting a program evaluation for the purposes of improving the program and providing information to parents. (i) Funded enrollment Each prime sponsor shall enroll 100 percent of its funded enrollment, with ongoing outreach to the community and activities to identify underserved populations. (j) Sliding fee scale (1) In general With respect to child care and early learning services provided through the program, a prime sponsor— (A) shall not charge a fee with respect to any low-income child; and (B) may charge a fee with respect to any child who is not a low-income child, in accordance with the sliding fee scale described in paragraph (2) and subject to paragraph (3). (2) Sliding fee scale A fee under this subsection shall be charged based on a sliding fee scale as follows: (A) With respect to a child who is in a family with a family income that is more than 200 percent of the poverty line but not more than 250 percent of the poverty line, the fee under this subsection shall not exceed 1 percent of the family income. (B) With respect to a child who is in a family with a family income that is more than 250 percent of the poverty line but not more than 300 percent of the poverty line, the fee under this subsection shall not exceed 2 percent of the family income. (C) With respect to a child who is in a family with a family income that is more than 300 percent of the poverty line but not more than 350 percent of the poverty line, the fee under this subsection shall not exceed 3 percent of the family income. (D) With respect to a child who is in a family with a family income that is more than 350 percent of the poverty line but not more than 400 percent of the poverty line, the fee under this subsection shall not exceed 4 percent of the family income. (E) With respect to a child who is in a family with a family income that is more than 400 percent of the poverty line but not more than 450 percent of the poverty line, the fee under this subsection shall not exceed 5 percent of the family income. (F) With respect to a child who is in a family with a family income that is more than 450 percent of the poverty line but not more than 500 percent of the poverty line, the fee under this subsection shall not exceed 6 percent of the family income. (G) With respect to a child who is in a family with a family income that is more than 500 percent of the poverty line, the fee under this subsection shall not exceed 7 percent of the family income. (3) Fee percentage applicable regardless of number of children served The total fee for a family that is subject to the fee under this subsection and has more than 1 child served through the program— (A) may increase as the family enters the second or a further child in the program; but (B) may not be greater than the fee allowed under paragraph (2). (k) Parent boards The prime sponsor shall require the establishment, at each child care and early learning center, of a board of parents, to be composed of parents and family members of children attending the center. The board shall meet periodically with staff of the center for the purpose of discussing problems and concerns. (l) Rules of construction Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to staff of child care and early learning programs or delegate providers, or employees of public schools, or local educational agencies, under Federal, State, tribal, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such staff or employees, and the corresponding program, provider, school, or agency. 115. Delegate providers (a) In general A prime sponsor may use financial assistance made available under section 112(a)(1) to enter into an agreement with a delegate provider to carry out services as part of the child care and early learning program. (b) Application To be able to receive financial assistance under subsection (a) for a fiscal year as a delegate provider to carry out services as part of the child care and early learning program, a public or private agency or organization shall submit a delegate provider application to a prime sponsor, at such time and in such manner as the prime sponsor may require, that provides— (1) that the delegate provider applicant is an entity that is a locality, local educational agency, faith-based organization, public or private nonprofit or for-profit agency or organization, family child care network or association, employer or business organization, labor union, employee or labor-management organization, home-based child care provider, or public or private educational agency or institution; and (2) that the entity will provide for such fiscal control and fund accounting procedures as the Secretary shall prescribe to assure proper disbursement of and accounting for Federal funds. (c) Approval A delegate provider application may be approved by a prime sponsor upon its determination that such application meets the requirements of this section and that the services to be provided will otherwise further the objectives and satisfy the appropriate provisions of the prime sponsor’s child care and early learning plan as approved pursuant to section 114. On approval of the application, the entity shall be considered to be a delegate provider, for purposes of this title. (d) Family and community involvement Prime sponsors shall involve parents, family members, and community members in the selection process of delegate providers. B Standards 121. National program standards, monitoring of child care and early learning programs (a) Standards for child care and early learning services (1) Issuance (A) National program standards Within 18 months after the date of enactment of this Act, the Secretary shall, after consultation with other Federal agencies, and on the basis of the recommendations of the Committee established pursuant to paragraph (3), issue a common set of national program standards which shall be applicable to all prime sponsors, with respect to their child care and early learning programs providing child care and early learning services with financial assistance under this title, to be known as the Federal Standards for Child Care and Early Learning Services . (B) Baseline for knowledge, skills, and competencies The standards shall establish a baseline threshold for knowledge, skills, and competencies for child care and early learning teachers and staff that— (i) shall be aligned with compensation levels; (ii) shall be phased in; and (iii) shall be determined by the Secretary to be in alignment with the knowledge, skills, and competency expectations of the child care and early learning, or early childhood education, profession. (2) Comprehensiveness As appropriate and practicable, the Secretary shall make efforts to ensure that the Federal Standards for Child Care and Early Learning Services are as comprehensive as the Head Start program performance standards in section 641A(a) of the Head Start Act ( 42 U.S.C. 9836a(a) ), and the performance standards for providers and programs issued under the military child care program. (3) Special committee (A) Appointment The Secretary shall, within 60 days after the date of enactment of this Act, appoint a Special Committee on Federal Standards for Child Care and Early Learning Services. (B) Composition The Committee shall include— (i) parents or legal guardians of children participating in child care and early learning programs; (ii) representatives of prime sponsors carrying out child care and early learning programs; (iii) representatives of staff of child care and early learning programs, including teachers; (iv) representatives of tribes and tribal organizations carrying out child care and early learning programs on Indian land; (v) representatives of family child care home providers, staff and employers for center-based child care and early learning programs, and family child care home providers in child care and early learning programs; and (vi) specialists covering the areas of child care and early learning quality, workforce preparation, working conditions, and wages, and early childhood development. (C) Diversity The Secretary shall ensure that the membership of the Committee is diverse with regard to culture, race and ethnicity, and language. (D) Duties Such Committee shall recommend Federal Standards for Child Care and Early Learning Services and modifications of such standards as provided in paragraph (1). (4) Content of standards The standards shall include— (A) performance standards with respect to services required to be provided, including health, nutritional, and social services, and other services, including parental and family member involvement services and transition activities described in section 122; (B) scientifically based and developmentally appropriate early development and learning performance standards related to school readiness to ensure that the children participating in the child care and early learning program, at a minimum, develop and demonstrate— (i) language knowledge and skills, including oral language and listening comprehension; (ii) literacy knowledge and skills, including phonological awareness, print awareness and skills, and alphabetic knowledge; (iii) mathematics knowledge and skills; (iv) science knowledge and skills; (v) cognitive abilities that support academic achievement and child care and early learning; (vi) approaches to learning related to child care and early learning; (vii) social and emotional development sufficient to be a foundation for early learning, school success, and social problem-solving; (viii) creative arts expression; (ix) physical development; and (x) in the case of dual language learner children, progress toward language knowledge and development, including progress made through the use of culturally and linguistically appropriate instructional services; (C) administrative and financial management standards; (D) standards relating to the condition and location of facilities (including indoor air quality assessment standards, where appropriate) for such prime sponsors, including regulations that require that the facilities used for child care and early learning programs for regularly scheduled center-based and combination program option classroom activities— (i) shall meet or exceed State and local requirements concerning licensing for such facilities; and (ii) shall be accessible by State and local authorities for purposes of monitoring and ensuring compliance, unless State or local laws prohibit such access; (E) standards related to the work environment, including standards for the health and safety, and well-being, of teachers and other staff in the child care and early learning programs; and (F) such other standards as the Secretary finds to be appropriate. (5) Considerations regarding standards In developing standards required under paragraph (1), the Secretary shall— (A) consult with experts in the fields of child care and early learning, early childhood education, child health care, family services (including linguistically and culturally appropriate services to dual language learner children and their families), administration, and financial management, and with persons with experience in the operation of child care and early learning programs; (B) take into consideration— (i) past experience with use of the standards in effect under the Head Start Act ( 42 U.S.C. 9831 et seq.) on the date of enactment of the Improving Head Start for School Readiness Act of 2007; (ii) developments concerning research-based practices with respect to early childhood education and development, children with disabilities, homeless children, children in foster care, and family services, and best practices with respect to program administration and financial management; (iii) appropriateness of standards for prime sponsors with respect to their programs, recognizing differences in types of settings (including center-based and home-based settings), geography of the service area, and the culture, language, and age distribution of the children served; (iv) projected needs of expanding child care and early learning programs; (v) guidelines and standards that promote child health and physical development, including participation in outdoor activity that supports children’s motor development and overall health and nutrition; (vi) changes in the characteristics of the population of children who are accessing child care and early learning programs, including country of origin, language background, and family structure of such children, and changes in the population and number of such children who are in foster care or are homeless children; (vii) mechanisms to ensure that children participating in child care and early learning programs make a successful transition to the schools that the children will be attending; (viii) the need for prime sponsors to maintain regular communications with parents and family members, including conducting periodic meetings to discuss the progress of individual children in child care and early learning programs; (ix) the unique challenges faced by individual programs, including those programs that are seasonal or short-term and those programs that serve rural populations; (x) the degree to which standards are streamlined and minimize administrative burdens on child care and early learning program providers; (xi) the depth of demonstrated skills, experiences, and linguistic, cultural, and racial and ethnic, diversity of providers for child care and early learning programs; and (xii) the input of parents and family members; (C) (i) review and revise as necessary the standards in effect under this subsection; and (ii) ensure that any such revisions in the standards will not result in the elimination of or any reduction in quality, scope, or types of health, educational, nutritional, social, or other services, including parental and family member involvement services, required to be provided under such standards as in effect on the date of enactment of this Act; and (D) consult with appropriate officials from Indian tribes and tribal organizations, experts in Indian or Native Hawaiian early childhood education and development, linguists, and associations related to child care and early learning programs providing services for children belonging to Indian tribes or Native Hawaiian children, on the review and promulgation of standards under paragraph (1) (including standards for Indian or Native Hawaiian, as the case may be, language acquisition and school readiness). (6) Adequate time to meet standards The Secretary shall establish an effective date for the standards that allows adequate time for prime sponsors to meet the standards after they have been issued. (b) Uniform code for facilities (1) Establishment of special committee The Secretary shall, within 60 days after the date of enactment of this Act, appoint a special committee to develop and recommend a uniform code for facilities, to be used as described in paragraph (4). The standards in the code shall deal principally with those aspects of facilities that are essential to the health, safety, and physical comfort of the children involved and the aspects of facilities that are related to the Federal Standards for Child Care and Early Learning Services under subsection (a)(1). In recommending the provisions of the code, the Secretary shall take into consideration the differences between child care centers and family child care homes. (2) Composition of committee The special committee appointed under this subsection shall include parents or family members of children participating in child care and early learning programs and representatives of State and local facility licensing agencies, of public health officials, of fire prevention officials, of the construction industry and labor unions, of prime sponsors, of center-based providers and family child care home providers, and of national agencies or organizations interested in the development of children. Not less than one-half of the membership of the committee shall consist of parents or family members of children participating in child care and early learning programs conducted under this title. (3) Proposed code Within 1 year after its appointment, the special committee— (A) shall develop standards for a proposed uniform code for facilities in which child care and early learning services are provided; and (B) shall hold public hearings on the proposed code prior to submitting its final recommendation to the Secretary for approval. (4) Promulgation After considering the recommendations submitted by the special committee in accordance with paragraph (3), the Secretary shall promulgate standards for a uniform code described in paragraph (3)(A), which shall be applicable to all facilities receiving Federal financial assistance under this title. If the Secretary disapproves the committee’s recommendations, the Secretary shall state the reasons for the disapproval. The Secretary shall also distribute such standards and urge their adoption by States and local governments for facilities in which child care and early learning services are provided. The Secretary may from time to time modify the uniform code for facilities in accordance with procedures set forth in this subsection. (5) Adequate time to meet facilities code The Secretary shall establish an effective date for the code that allows adequate time for prime sponsors to meet the code after it has been promulgated. (6) State code for facilities Paragraphs (1) through (5) shall not apply in a State for which the Secretary, after consultation with the special committee referred to in paragraph (2), makes a determination that the State’s uniform code for facilities or a similar facilities code or set of standards that applies to centers and family child care homes that participate in a child care and early learning program under this title, is sufficient to meet the health, safety, and physical comfort goals of this subsection. (c) Measures (1) In general The Secretary, in consultation with representatives of child care and early learning programs, Indian tribes and tribal organizations, parents and family members of children in such programs, and teachers and other staff in such programs, and with experts in the fields of early childhood education and development, family services, and program management, shall use the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act ( 42 U.S.C. 9844(j) ), and other relevant research to establish, inform, revise, and provide guidance to prime sponsors for utilizing, scientifically based measures that support, as appropriate— (A) classroom instructional practices and, for infants and toddlers, responsive caregiving practices that support early learning and development; (B) identification of children with special needs; (C) program evaluation; and (D) administrative and financial management practices. (2) Characteristics of measures The measures under this subsection shall— (A) be developmentally, linguistically, and culturally appropriate for the population served; (B) be reviewed periodically, based on advances in the science of early childhood development; (C) be consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children; (D) be valid and reliable in the language in which the measures are administered; (E) be administered by staff with appropriate training for such administration; (F) provide for appropriate accommodations for children with disabilities and dual language learner children; (G) be high-quality research-based measures that have been demonstrated to assist with the purposes for which the measures were devised; and (H) be adaptable, as appropriate, for use in the self-assessment of prime sponsors, including in the evaluation of administrative and financial management practices. (3) Use of measures; limitations on use (A) Use The measures shall be designed, as appropriate, for the purpose of— (i) helping to develop the skills, knowledge, abilities, and development described in subsection (a)(4)(A)(ii) of children participating in child care and early learning programs, with an emphasis on measuring skills that scientifically valid research has demonstrated are related to children’s school readiness and later success in school; (ii) improving classroom practices, including reviewing children’s strengths and weaknesses and individualizing instruction to better meet the needs of the children involved and, for infants and toddlers, ensuring the opportunity for one-on-one interaction that facilitates early learning and development; (iii) identifying the special needs of children; and (iv) improving overall program performance in order to help prime sponsors identify problem areas that may require additional training and technical assistance resources. (B) Limitations Such measures shall not be used for an assessment for children that— (i) will be used as the sole basis for a child care and early learning provider being determined to be ineligible to participate in the program carried out under this title; (ii) will be used as the primary or sole basis for providing a reward or sanction for an individual provider; (iii) will be used as the primary or sole basis for assessing program effectiveness; or (iv) will be used to deny children eligibility to participate in the program carried out under this title. (C) Exceptions Nothing in this subchapter shall preclude a State from using a single assessment (as determined by the State) for children for— (i) supporting learning or improving a classroom environment; (ii) targeting professional development to a provider; (iii) determining the need for health, mental health, disability, developmental delay, or family support services; (iv) obtaining information for the quality improvement process at the State level; or (v) conducting a program evaluation for the purposes of improving the program and providing information to parents. (4) Confidentiality (A) In general The Secretary, through regulation, shall ensure the confidentiality of any personally identifiable data, information, and records collected or maintained under this title by the Secretary and any prime sponsors. Such regulations shall provide the policies, protections, and rights equivalent to those provided to a parent, student, and educational agency or institution, as the case may be, under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (B) Rule of construction on nationwide database Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on children resulting from the use of measures under this subsection. (5) Special rule (A) Prohibition The use of assessment items and data on any assessment authorized under this title by any agent of the Federal Government is prohibited for the purposes of— (i) ranking, comparing, or otherwise evaluating individual children for purposes other than research, training, or technical assistance; and (ii) providing rewards or sanctions for individual children or teachers. (B) Results The Secretary shall not use the results of a single such assessment as the sole method for assessing program effectiveness or making agency funding determinations at the national, regional, or local level under this title. (d) Monitoring of local prime sponsors and child care and early learning programs The Secretary, in consultation with representatives of child care and early learning programs, Indian tribes and tribal organizations, parents and family members of children in such programs, teachers and other staff in such programs, and with experts in the fields of early childhood education and development, family services, and program management, shall establish and implement monitoring procedures for prime sponsors and their child care and early learning programs (which may be based on the Head Start program monitoring procedures described in section 641A(c) of the Head Start Act ( 42 U.S.C. 9836a(c) ), and the monitoring procedures being implemented for the military child care program)— (1) to determine whether prime sponsors meet standards described in subsection (a)(1) established under this title with respect to program, administrative, financial management, and other requirements; and (2) in order to help the prime sponsors identify areas for improvement and areas of strength as part of their ongoing self-assessment process. (e) Corrective action for prime sponsors (1) Determination If the Secretary determines, on the basis of a review pursuant to subsection (d), that a prime sponsor designated pursuant to this title fails to meet the standards described in subsection (a)(1), the Secretary shall— (A) inform the prime sponsor of the deficiencies that shall be corrected and identify the assistance to be provided consistent with paragraph (3); (B) with respect to each identified deficiency, require the prime sponsor— (i) to correct the deficiency immediately, if the Secretary finds that the deficiency threatens the health or safety of staff or program participants or poses a threat to the integrity of Federal funds; (ii) to correct the deficiency not later than 90 days after the identification of the deficiency if the Secretary finds, in the discretion of the Secretary, that such a 90-day period is reasonable, in light of the nature and magnitude of the deficiency; or (iii) in the discretion of the Secretary (taking into consideration the seriousness of the deficiency and the time reasonably required to correct the deficiency), to comply with the requirements of paragraph (2) concerning a quality improvement plan; and (C) initiate proceedings to terminate the designation of the prime sponsor unless the prime sponsor corrects the deficiency. (2) Quality improvement plan (A) Prime sponsor and program responsibilities To retain a designation as a prime sponsor under this title, a prime sponsor that is the subject of a determination described in paragraph (1) (excluding a prime sponsor required to correct a deficiency immediately or during a 90-day period under clause (i) or (ii) of paragraph (1)(B)) shall— (i) develop in a timely manner, a quality improvement plan that shall be subject to the approval of the Secretary, and that shall specify— (I) the deficiencies to be corrected; (II) the actions to be taken to correct such deficiencies; and (III) the timetable for accomplishment of the corrective actions specified; and (ii) correct each deficiency identified, not later than the date for correction of such deficiency specified in such plan (which shall not be later than 1 year after the date the prime sponsor that is determined to have a deficiency received notice of the determination and of the specific deficiency to be corrected). (B) Secretarial responsibility Not later than 30 days after receiving from a prime sponsor a proposed quality improvement plan pursuant to subparagraph (A), the Secretary shall either approve such proposed plan or specify the reasons why the proposed plan cannot be approved. (3) Training and technical assistance The Secretary shall provide training and technical assistance to the prime sponsor with respect to the development or implementation of such quality improvement plans to the extent the Secretary finds such provision to be feasible and appropriate given available funding and other statutory responsibilities. (f) Summaries of monitoring outcomes (1) In general Not later than 120 days after the end of each fiscal year, the Secretary shall publish a summary report on the findings of reviews conducted under subsection (d) and on the outcomes of quality improvement plans implemented under subsection (e), during such fiscal year. (2) Report availability Such report shall be made widely available to— (A) parents and family members with children receiving assistance under this title— (i) in an understandable and uniform format; and (ii) to the extent practicable, in a language that the parents and family members understand; (B) the public through means such as— (i) distribution through public agencies; and (ii) posting such information on the Internet; and (C) Indian tribes and tribal organizations. (3) Report information Such report shall contain detailed data— (A) on compliance with specific standards and measures; and (B) sufficient to allow prime sponsors to use such data to improve the quality of their programs. (g) Self-Assessment (1) In general Not less frequently than once each program year, with the consultation and participation of the Child Care and Early Learning Council and, as appropriate, other interested persons in the service area, each prime sponsor that receives financial assistance under this title shall conduct a comprehensive self-assessment of its effectiveness and progress in meeting program goals and objectives and in implementing and complying with standards described in subsection (a)(1). (2) Ongoing monitoring Each prime sponsor shall establish and implement procedures for the ongoing monitoring of its child care and early learning program, to ensure that the operations of the program work toward meeting program goals and objectives and implementing and complying with standards described in subsection (a)(1). (h) Accreditation The Secretary shall require that each child care and early learning center meet, not later than 6 years after receiving financial assistance under this title, standards of operation necessary for accreditation by an appropriate national early childhood programs accreditation body that was in existence on the date of enactment of this Act. 122. Prime sponsor alignment with K–12 education (a) In general Each prime sponsor shall take steps to coordinate with the local educational agency serving the service area and with schools in which children participating in a child care and early learning program will enroll following such program to promote continuity of services and effective transitions, including— (1) developing and implementing a systematic procedure for transferring, with parental consent, child care and early learning program records for each participating child to the school in which such child will enroll; (2) establishing ongoing channels of communication between child care and early learning program staff and their counterparts in the schools (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), and health staff) to facilitate coordination of programs; (3) establishing ongoing communications between the prime sponsor and local educational agency for developing continuity of developmentally appropriate curricular objectives and for shared expectations for children’s learning and development as the children transition to school; (4) organizing and participating in joint training, including transition-related training for school staff and child care and early learning program staff; (5) establishing comprehensive transition policies and procedures that support children transitioning to school, including by engaging the local educational agency in the establishment of such policies; (6) conducting outreach to parents and elementary school (such as kindergarten) teachers to discuss the educational, developmental, and other needs of individual children; (7) helping parents of dual language learner children understand— (A) the instructional and other services provided by the school in which such child will enroll after participation in the child care and early learning program; and (B) as appropriate, the information provided to parents of dual language learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965 ( 20 U.S.C. 6312(e)(3) ); (8) developing and implementing a family outreach and support program, in cooperation with entities carrying out parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.), and family outreach and support efforts under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.), taking into consideration the language needs of parents of dual language learner children; (9) assisting families, administrators, and teachers in enhancing educational and developmental continuity and continuity of parental involvement in activities between child care and early learning services and elementary school classes; (10) linking the services provided in such child care and early learning program with educational services, including services relating to language, literacy, and numeracy, provided by such local educational agency; (11) helping parents (including in this paragraph grandparents and kinship caregivers, as appropriate) to understand the importance of parental involvement in a child’s academic success while teaching the parents strategies for maintaining parental involvement as their child moves from a child care and early learning program to elementary school; (12) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in the child care and early learning program; and (13) developing and implementing a system to increase child care and early learning program participation of underserved populations of eligible children. (b) Dissemination and technical assistance The Secretary shall— (1) disseminate to prime sponsors information on effective policies and activities relating to the transition of children from child care and early learning programs to public schools; and (2) provide technical assistance to such prime sponsors to promote and assist such prime sponsors to adopt and implement such effective policies and activities. 123. Adequate nutrition services In accordance with the purposes of this title, the Secretary shall establish procedures to assure that adequate nutrition services will be provided in child care and early learning programs under this title. In assuring the provision of those services, the Secretary may enter into an arrangement with the Secretary of Agriculture to make use of the summer food service program and the child and adult care food program carried out under sections 13 and 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 , 1766) and relevant programs under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), to the fullest extent appropriate and consistent with the provisions of such Acts. 124. Participation in child care and early learning programs (a) In general The Secretary shall by regulation prescribe eligibility for the participation of persons in child care and early learning programs assisted under this title. (b) Eligible ages Such regulation shall provide that all children who are not younger than the age of 6 weeks and are younger than the age of compulsory school attendance shall be eligible regardless of family income, disability status, citizenship status, employment of a family member, or circumstance. (c) Prime sponsor eligibility determination responsibilities A prime sponsor shall— (1) determine eligibility under this title based on standards prescribed by the Secretary under subsection (a); (2) not establish more stringent or exclusive requirements for eligibility under this title than the eligibility standards prescribed by the Secretary; and (3) serve all families that request child care and early learning services through the prime sponsor's program. C Administration 131. The Office of Child Care (a) Principal agency The Office of Child Care of the Department of Health and Human Services shall be the principal agency of the Department for the administration of this title and for the coordination of child care and early learning programs and other activities relating to child care and early learning. (b) Coordination of child care programs (1) In general (A) Department of Health and Human Services The Secretary shall take all necessary action to coordinate child care and early learning programs under the Secretary's jurisdiction, including with the Office of Head Start. (B) Department of Education The Secretary shall take all necessary action to coordinate such programs with the Department of Education. (2) Regulations The Secretary shall promulgate regulations to assure that entities that are funded by the Department of Health and Human Services to carry out activities relating to child care and early learning will coordinate the activities with the programs carried out under this title. (3) Technical assistance The Secretary shall ensure that joint technical assistance efforts will result in the development of coordinated efforts— (A) between the offices within the Department of Health and Human Services; and (B) between the Department of Health and Human Services and other Federal agencies, including the Department of Education, that carry out those activities. (c) Procedures, policies, regulations The Secretary may establish such procedures, policies, and regulations as may be necessary to carry out this title. 132. Administrative requirements and standards (a) Requirements and standards (1) In general The Secretary shall establish administrative requirements and standards consistent with the requirements and standards described in subsections (a) through (f), and (h), of section 644 of the Head Start Act ( 42 U.S.C. 9839 ). The established requirements and standards shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. (2) Adjustments The Secretary may make such adjustments to the requirements, standards, qualifications, development activities, and limitations specified in paragraph (1) and sections 133(a), 134, 136(a), 139, and 141, as may be necessary to ensure effective administration of this title. (3) Administrative controls The Secretary shall prescribe regulations to assure that programs under this title have adequate internal administrative controls, accounting requirements, personnel standards, evaluation procedures, and other policies as may be necessary to promote the effective use of funds. (b) Facilities (1) Owned or leased by Federal agencies The Secretary, after consultation with other appropriate officials of the Federal Government, shall within 16 months after the date of enactment of this Act prepare and submit to Congress a report that— (A) describes the extent to which facilities owned or leased by Federal agencies (including departments) could be made available to prime sponsors, through appropriate arrangements, for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes; and (B) the Secretary's recommendations (including recommendations for changes through legislation) or proposed actions for such use. (2) Owned or leased in service area The Secretary shall require, as a condition for the receipt of financial assistance under this title, that any prime sponsor under this title agree to conduct a review and prepare and submit to the Secretary a report that— (A) describes the extent to which facilities owned or leased by such prime sponsor, or by other organizations in the service area, could be made available, through appropriate arrangements, for use as facilities for child care and early learning programs under this title during times and periods when the owned or leased facilities are not utilized fully for their usual purposes; and (B) the prime sponsor’s proposed actions for such use. (c) Capital expenditures (1) Construction Upon a determination by the Secretary that suitable facilities (including public school facilities) are not otherwise available to prime sponsors to carry out child care and early learning programs, that the lack of suitable facilities will inhibit the operation of such programs, and that construction of such facilities is more cost effective than purchase of available facilities or renovation, the Secretary, in the discretion of the Secretary, may authorize the use of financial assistance under this title to make payments for capital expenditures related to construction of facilities that will be used to carry out such programs. The Secretary shall establish uniform procedures for prime sponsors to request approval for such payments, and shall promote, to the extent practicable, the collocation of child care and early learning programs with other programs serving children and families. (2) Construction, renovation, vehicle purchase Such payments may be used for capital expenditures (including paying the cost of amortizing the principal, and paying interest on, loans) such as expenditures for— (A) construction of facilities that are not in existence on the date of the determination, if such construction is more cost effective than purchase or renovation; (B) major renovation of facilities in existence on such date, if major renovation is more cost effective than purchase, construction, or minor renovation; and (C) purchase of vehicles used for programs conducted at child care and early learning program facilities eligible for a payment under this subsection. (3) Wages for construction or renovation All laborers and mechanics employed by contractors or subcontractors in the construction or renovation of facilities to be used to carry out child care and early learning programs under this title shall be paid wages that are not less than the wages prevailing on similar construction or renovation in the service area, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). 133. Appeals, notice, and hearing (a) Procedures The Secretary shall establish appeals, notice, hearing, and other procedures consistent (except as otherwise provided in this section) with the procedures described in section 646 of the Head Start Act ( 42 U.S.C. 9841 ). The established procedures shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. (b) Withholding of funds (1) In general The Secretary shall take the action described in paragraph (2) whenever the Secretary, after reasonable notice and opportunity for a hearing for any prime sponsor (including a delegate provider), finds— (A) that the prime sponsor has failed to comply substantially with any requirement set forth in the plan of the prime sponsor approved under section 113 or 114; (B) that the delegate provider has failed to comply substantially with any requirement set forth in the application of the provider approved pursuant to section 115(c); or (C) that in the operation of any program (or services) carried out by any such prime sponsor (or delegate provider) under this title the prime sponsor (or delegate provider) has failed to comply substantially with any applicable provision of this title, including a regulation promulgated under this title. (2) Action On making a finding under paragraph (1), the Secretary shall notify the prime sponsor or delegate provider involved of the findings and that no further payments may be made to such prime sponsor or delegate provider under this title (or in the Secretary's discretion that any such prime sponsor shall not make further payments under this title to specified delegate providers affected by the failure) until the Secretary is satisfied that there is no longer any such failure to comply, or the noncompliance will be promptly corrected. The Secretary may authorize the continuation of payments with respect to any program or service assisted under this title which is being carried out pursuant to the corresponding plan or application referred to in paragraph (1) and which is not involved in the noncompliance. 134. Records and audits The Secretary shall establish record and audit requirements consistent with the requirements described in section 647 of the Head Start Act ( 42 U.S.C. 9842 ). The established requirements shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. 135. Technical assistance and training (a) Preservice and inservice training The Secretary is authorized to make payments to provide financial assistance to enable individuals employed or preparing for employment in child care and early learning programs assisted under this title, including volunteers, to participate in programs of preservice or inservice training for professional or nonprofessional personnel, to be conducted by any prime sponsor carrying out a child care and early learning program, or any institution of higher education, including a community college, or by any combination of those prime sponsors or institutions. The financial assistance shall include scholarships and funding for books, transportation, and other comprehensive needs. (b) Prime sponsor technical assistance and planning The Secretary is authorized to, directly or through grant or contract, make technical assistance available to entities who are eligible and seek to become prime sponsors, and to prime sponsors, to assist the entities and prime sponsors in planning, developing, and carrying out child care and early learning programs. (c) Prime sponsor financial assistance (1) In general Prime sponsors shall carry out training and quality improvement activities, including— (A) activities that support child care and early learning programs (including providers) in meeting national program standards; and (B) supporting staff in meeting qualifications described in section 136, including providing paid release time to staff, to engage in activities that enable the staff to meet the qualifications. (2) Financial assistance The Secretary is authorized to make financial assistance available to prime sponsors to carry out such training and quality improvement activities. (d) Staff training The Secretary shall prescribe regulations implementing a training program for staff of child care and early learning programs assisted under this title, based on the training program of the military child care program. Satisfactory completion of the training program shall be a condition of employment of any person as a member of the staff of such a child care and early learning program. The training program established under this subsection shall cover, at a minimum, training in each of the following: (1) Early childhood development. (2) Activities and disciplinary techniques appropriate for children of different ages. (3) Child abuse prevention and detection. (4) Cardiopulmonary resuscitation and other emergency medical procedures. (e) Workforce development and diversity (1) Outreach program From amounts allocated under section 103(b), the Secretary shall develop and implement a program of outreach to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs. (2) Grants to institutions of higher education (A) In general From amounts allocated under section 103(b), the Secretary is authorized to award grants, for a period of not less than 5 years, to institutions of higher education, with priority for part B institutions, Hispanic-serving institutions, and Tribal Colleges and Universities (as the 3 types of institutions are defined in clauses (i) through (iii) of section 241(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1033(1)(A) )). (B) Use of funds An institution that receives such a grant may— (i) use the grant funds— (I) to improve the child care and early learning workforce; (II) to recruit child care and early learning teachers and other staff who want to obtain additional credentials related to child care and early learning; (III) to recruit and train professionals from diverse backgrounds to become teachers in child care and early learning programs; (IV) to promote access and affordability through direct student support, grants, scholarships, and other forms of student financial aid to students pursuing early childhood coursework and degrees in order to reduce or eliminate the need for such students to take out loans for the related costs of attendance; (V) to create seamless, articulated, teacher preparation pathways; and (VI) to develop institutional policies that award credit for students’ previous postsecondary early childhood coursework and degrees as well as for demonstrated competency through— (aa) prior work experience; and (bb) apprenticeships that lead to credentials, or associate or baccalaureate degrees; and (ii) make a portion of the grant funds available for students training to become staff of child care and early learning programs, to cover the corresponding tuition and other costs of attendance. 136. Staff qualifications and development (a) Qualification and development (1) In general The Secretary, after consultation with other Federal agencies and on the basis of the recommendations of the Committee established pursuant to section 121(a)(3), shall establish staff qualification and development requirements based on such requirements described in section 648A of the Head Start Act ( 42 U.S.C. 9843a ), based on such requirements being implemented by the military child care program (including certification of family child care home providers), and including a requirement to satisfactorily complete training under section 135(d). The established requirements shall include the requirements described in subsection (b) (relating to compensation). The established requirements shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. (2) Objectives The established requirements shall be designed to— (A) (i) lead to high-quality child care and early learning service delivery, including the use of targeted strategies and resources provided by prime sponsors to ensure the diverse, incumbent child care and early learning workforce retains access to employment in such programs; and (ii) take into account workforce recruitment challenges and the need for a diverse workforce; (B) create a pathway for members of the child care and early learning service workforce to build on their credentials; and (C) provide enough time (which shall be not less than 6 years after the date of that establishment) for staff to meet any educational requirements in the established requirements. (b) Pay (1) Competitive rates of compensation For the purpose of providing child care and early learning programs with a qualified and stable workforce, each prime sponsor shall ensure that employees (including employees of a delegate provider) at a child care and early learning center and family child care home providers, including teachers and other staff of family child care home providers, shall be paid under a pay scale that provides for rates of compensation that— (A) (i) except as provided in clause (ii), are comparable with the rates of compensation paid to employees of the corresponding local educational agency with similar training, seniority, and experience; or (ii) for a position not typically found at the corresponding local educational agency, are the rates specified in the pay scale for the military child care program; and (B) are not less than a living wage, as determined by the Secretary. (2) Periodic reviews In recommending and establishing requirements under subsection (a) and this subsection, the Committee established pursuant to section 121(a)(3) and the Secretary, respectively, shall periodically conduct reviews of the rates of compensation for employers, teachers, and staff described in paragraph (1). The Committee and Secretary shall determine whether the rates are increasing at a pace that is not less than the rate of the Consumer Price Index-All Urban Consumers, and shall adjust the rates to ensure such an increase. (3) Limitation Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an employee, teacher, or staff member described in paragraph (1) to carry out a child care and early learning program, if such compensation, including non-Federal funds, exceeds a rate equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. (4) Compensation In this subsection, the term compensation — (A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit, and the fair market value of any employee perquisite or benefit; and (B) includes any prime sponsor expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit. (c) Curriculum support (1) In general Prime sponsors shall establish and implement a plan to ensure all teachers in a child care and early learning program, including family child care home providers, have curriculum support. (2) Curriculum support That curriculum support— (A) may include the use of curriculum specialists, as in the military child care program; and (B) shall include— (i) special teaching activities at locations that are easily accessible by the teachers; (ii) daily oversight and instruction of employees providing child care and early learning services; (iii) daily assistance in the preparation of lesson plans, provided through individual specialists or resources for staff that allow teachers to engage in professional responsibilities such as daily lesson planning; (iv) assistance with child abuse prevention and detection; (v) assistance with activities to promote children's cognitive development, behavior management, and mental health; and (vi) assistance with improving the delivery of instruction and with measuring and tracking children’s outcomes. 137. Research, demonstrations, and evaluation (a) General objectives The Secretary shall carry out a continuing program of research, demonstration, and evaluation activities, in order to— (1) focus national research efforts to attain a fuller understanding of the processes of child development and early learning outcomes and the effects of programs on those processes and outcomes; (2) foster continuous improvement in the quality of the child care and early learning programs carried out under this title and in their effectiveness in enabling participating children and their families to succeed in school and otherwise; (3) ensure that the results of research and related development efforts are reflected in the conduct of programs affecting children through the improvement and expansion of child care and early learning programs; and (4) develop, test, and disseminate information on new ideas for addressing the needs of low-income and underserved children (including children with disabilities, homeless children, children who have been abused or neglected, and children in foster care) and their families and communities, and furthering in other ways the purposes of this title. (b) Specific objectives The research, demonstration, and evaluation activities under this title shall include components designed to— (1) permit ongoing assessment of the quality and effectiveness of the child care and early learning programs under this title; (2) contribute to developing knowledge concerning factors associated with the quality and effectiveness of child care and early learning programs and in identifying ways in which services provided under this title may be improved; (3) assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of children and their families, including physical, mental, vision, and oral health, both during and following participation in a child care and early learning program; (4) permit comparisons of children and families participating in child care and early learning programs— (A) with children and families receiving other child care, or early childhood education and development, services or programs; and (B) with other appropriate control groups; (5) contribute to understanding the characteristics and needs of population groups eligible for services provided under this title and the impact of such services on the individuals served and the service areas in which such services are provided; (6) provide for disseminating and promoting the use of the findings from such research, demonstration, and evaluation activities; (7) promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this title; (8) (A) contribute to understanding the impact of child care and early learning services delivered in classrooms that include both children with disabilities and children who are not children with disabilities, on both types of children; and (B) disseminate promising practices for increasing the availability and quality of child care and early learning services that are so delivered and classrooms described in subparagraph (A); (9) contribute to understanding the impact of different child care and early learning models, including those with varying teacher compensation, preparation, and workplace supports, in addressing educational disparities and inequalities, including disparities and inequalities based on income, and disparities and inequalities based on culture, and race and ethnicity; (10) contribute to the understanding of providing effective child care and early learning programs to dual language learner children, children with disabilities, culturally diverse families, racially and ethnically diverse families, children belonging to an Indian tribe, Native Hawaiian children, and children of migrant and seasonal farmworkers, and to service areas with many low-income children; and (11) carry out— (A) research to determine the nature of child development processes and the impact of various influences upon those processes, including workplace conditions and supports, to develop techniques to measure and evaluate child development, to develop standards to evaluate professional and paraprofessional child development personnel, and to determine how child care and early learning and related programs conducted in either family child care homes or centers affect child development processes; (B) research to test alternative methods of providing child development and related services, and to develop and test innovative approaches to achieve maximum development of children; (C) evaluation of findings from research conducted under this paragraph and the development of and effective application of those findings; (D) dissemination and application of results from research and related development efforts and demonstration projects to child care and early learning programs, related programs, and early childhood education; (E) production of informational systems and other resources necessary to support the activities authorized under this paragraph; and (F) integration of national child development research efforts under this title into a focused national research program, including the coordination of research and development conducted by entities under this section with research and development conducted by other agencies, organizations, and individuals. (c) Conduct of research, demonstration, and evaluation activities The Secretary, in order to conduct research, demonstration, and evaluation activities under this section— (1) may carry out such activities directly, or through grants to, or contracts or cooperative agreements with, public or private entities; (2) shall, to the extent appropriate, undertake such activities in collaboration with Federal agencies (other than the Department of Health and Human Services), and with non-Federal agencies, Indian tribes, and tribal organizations, conducting similar activities; (3) shall ensure that evaluation of such activities in a specific program is conducted by persons not directly involved in the operation of such program; (4) may require prime sponsors to provide for independent evaluations; (5) may approve, in appropriate cases, community-based cooperative research and evaluation efforts to enable prime sponsors to collaborate with qualified researchers not directly involved in program administration or operation of a program funded under this title; and (6) may collaborate with organizations with expertise in inclusive educational strategies for preschoolers who are children with disabilities. (d) Coordination of research (1) Transfers Funds available to any Federal agency (including a department) for the purposes stated in subsection (a) or the activities stated in subsection (b) shall be available for transfer, with the approval of the head of the agency involved, in whole or in part, to the Secretary for such use as is consistent with the purposes for which such funds were appropriated, and the funds so transferred shall be expendable by the Secretary for the purposes for which the transfer was made. (2) Coordination In carrying out activities under this section, the Secretary shall— (A) coordinate, through the Office of Child Care and Early Learning, established under section 131, all child development research, training, and related development efforts conducted by the Department of Health and Human Services and, to the extent feasible, by other agencies, organizations, and individuals; (B) consult with— (i) individuals from relevant academic disciplines; (ii) individuals who are involved in the operation of child care and early learning programs and individuals who are involved in the operation of other child and family service programs; (iii) appropriate officials from Indian tribes and tribal organizations; and (iv) individuals from organizations involved with, and academic disciplines related to, children and families, ensuring that the individuals consulted under this subparagraph reflect the multicultural nature of the children and families served by the child care and early learning programs and the multidisciplinary nature of the programs; (C) whenever feasible and appropriate, obtain the views of persons participating in and served by programs assisted under this title with respect to activities under this section; and (D) establish, to the extent appropriate, working relationships with faculty members of institutions of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), located in the area in which any evaluation under this section is being conducted, to participate in such evaluation, unless there is no such institution of higher education willing and able to participate in such evaluation. (3) Council (A) In general There is established a Child Development Research Council, consisting of— (i) a representative of the Office of Child Care and Early Learning (who shall serve as chairperson); and (ii) a representative from each of the Federal agencies and offices determined to be appropriate by the Secretary. (B) Meetings The Council shall meet at least annually and at such more frequent times as the Council may determine to be necessary. (C) Duties The Council shall assure coordination of child care and early learning services under the jurisdiction of the agencies and offices represented on the Council and carry out the provisions of this section so as to assure— (i) maximum utilization of available resources through the prevention of duplication of activities; (ii) a division of labor, insofar as is compatible with the purposes of each of the agencies or offices represented on the Council, among those agencies and offices to assure maximum progress toward the achievement of the purposes of this section; and (iii) recommendation of priorities for federally funded research and related development that are related to the purposes of this section and those stated in section 101. (e) Annual report The Secretary shall make an annual report to Congress— (1) summarizing— (A) the Secretary’s activities and accomplishments during the preceding year under this section; and (B) the grants, contracts, or other arrangements entered into during the preceding year under this section; and (2) making such recommendations as the Secretary may determine to be appropriate. (f) Plan The Secretary shall develop, and periodically update, a plan governing the research, demonstration, and evaluation activities under this section. (g) Ownership of results The Secretary shall take necessary steps to ensure that all studies, reports, proposals, and data produced or developed with Federal funds under this title shall become the property of the United States. 138. Reports (a) In general At least once during every 2-year period, the Secretary shall prepare a report concerning the status of children (including low-income children, children with disabilities, dual language learner children, homeless children, children in foster care, children participating in child care and early learning programs on Indian land, and children participating in migrant or seasonal child care and early learning programs) participating in child care and early learning programs, including the number of participating children and the services being provided to such children. (b) Contents Such report shall include— (1) a statement for the then most recently concluded fiscal year specifying— (A) the amount of funds received, by prime sponsors that are designated under section 113, to provide child care and early learning services in a period before such fiscal year; and (B) the amount of funds received, by prime sponsors that are newly designated under section 113, to provide such services in such fiscal year; (2) a description of the distribution of child care and early learning services relative to the distribution of children who are in need of child care and early learning programs, including geographic distribution within States, and information on the number of children receiving those services; (3) a statement identifying how funds made available under section 112(a)(1) were distributed and used at national, regional, and local levels; (4) a statement specifying the amount of funds provided as the non-Federal share of the costs of child care and early learning programs, and the source of such funding; (5) the cost per child of carrying out child care and early learning programs, and how such cost varies by region; (6) a description of the level and nature of participation of parents and family members in child care and early learning programs as volunteers and in other capacities; (7) information concerning child care and early learning center staff, including salaries, education, training, experience, and staff turnover; (8) information concerning children participating in child care and early learning programs, including information on family income, cultural background, racial and ethnic background, homelessness, whether such a child is in foster care or was referred by a child welfare agency, disability, and whether the child's family receives benefits under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); (9) using data from the monitoring conducted under section 121— (A) a description of the extent to which programs funded under this title comply with program standards and regulations in effect under this title; (B) a description of the types and condition of facilities in which such programs are located; and (C) the types of organizations that receive funds under this title through such programs; (10) a description of the types of services provided through the programs to children and their families, both on site and through referrals, including services related to health, mental health, dental care, vision care, parenting education, physical fitness, and literacy training; (11) information from a study of the delivery of child care and early learning programs to Indian children, to Native Hawaiian children, and to children of migrant or seasonal farmworker families; (12) information on the delivery of disability-related services in order to— (A) determine whether child care and early learning programs are making timely referrals to the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.); (B) identify barriers to timely evaluations and eligibility determinations by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act; and (C) determine under what circumstances and for what length of time child care and early learning programs are providing disability-related services for children who have not been determined under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) to be children with disabilities; and (13) information on how child care and early learning programs serve populations of low-income children, minority children, and dual language learner children, the extent to which disparities exist in early learning outcomes of participants in such programs, and how such programs address disparities in early learning outcomes. (c) Submission The Secretary shall submit each report prepared under subsection (a) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. 139. Nondiscrimination provisions The Secretary shall establish nondiscrimination requirements consistent with the requirements described in section 654 of the Head Start Act ( 42 U.S.C. 9849 ). The established requirements shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. 140. Advance funding For the purpose of affording adequate notice of funding available under this title, appropriations for carrying out this title are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which the appropriations are available for obligation. 141. Parental consent requirement for nonemergency intrusive physical examinations The Secretary shall establish a parental consent requirement consistent with the requirement described in section 657A of the Head Start Act ( 42 U.S.C. 9852a ). The established requirement shall apply to the child care and early learning programs carried out under this title, and the prime sponsors carrying out such programs, as the case may be. D Special programs 151. Supplemental funding to prime sponsors (a) In general The Secretary is authorized to provide supplemental financial assistance for the activities described in subsection (b) or the purposes described in subsection (c), to prime sponsors, who— (1) demonstrate barriers— (A) to scaling the services and processes needed to fully implement the prime sponsors' child care and early learning programs; and (B) to meeting the national program standards; and (2) need financial assistance, as determined by the Secretary, for those activities or purposes, respectively. (b) Activities The Secretary may provide the supplemental financial assistance for activities consisting of— (1) conducting a facilities review as described in section 132(b)(2) and accessing adequate facilities; (2) establishing coordination arrangements and processes with other entities, including local educational agencies and related entities, organizations delivering health and social services in the service area involved, and the State; (3) establishing training and professional development protocols and processes under sections 135 and 136; (4) meeting accreditation requirements; (5) providing supports to enable family child care home providers to participate as providers within the child care and early learning program carried out by the prime sponsor involved and to enable the prime sponsor to meet the national program standards; (6) securing materials and resources for professional learning opportunities; and (7) other activities related to the establishment, expansion, and scaling of services and processes needed to fully implement the prime sponsor’s child care and early learning program and enable the prime sponsor to meet the national program standards. (c) Purposes The Secretary may provide the supplemental financial assistance to a prime sponsor that meets the requirements of subsection (a) and has difficulty in providing a non-Federal share because the prime sponsor serves an area with a high concentration of families with a family income of not more than, or slightly above, 200 percent of the poverty line, for the purposes of increasing the Federal share of the costs described in section 121(c)(2)(A). 152. Special grants to States (a) Grants On approving an application submitted by any State, the Secretary is authorized to provide a grant to the State for carrying out activities described in subsection (b). (b) Use of funds A State that receives a grant under subsection (a) may use the grant funds for— (1) identifying child care and early learning services goals and needs within the State; (2) furnishing child care providers with start-up funding and technical assistance; (3) supporting compensation for the child care and early learning workforce comparable to compensation for the primary education workforce, which may include retention or bonus awards; (4) establishing or expanding the operation of community or neighborhood-based family child care networks by providing grants and contracts for training; (5) supporting the recruitment, training, and professional development of the child care and early learning workforce; (6) assisting in the establishment of Child Care and Early Learning Councils and strengthening the capability of such Councils to effectively advise on the child care and early learning programs; (7) encouraging the cooperation and participation of State agencies in providing child care and early learning services, including health, family planning, mental health, education, nutrition, family, social, and rehabilitative services if that cooperation and participation are requested by appropriate prime sponsors in the development and implementation of child care and early learning plans; (8) encouraging the full utilization of resources and facilities for child care and early learning programs within the State; (9) disseminating the results of research on child care and early learning programs; (10) conducting programs for the exchange of personnel involved in child care and early learning programs within the State; (11) assisting prime sponsors in the acquisition or improvement of facilities for child care and early learning programs; (12) assessing State and local licensing codes as the codes relate to child care and early learning programs within the State; (13) developing information useful in reviewing prime sponsorship plans described in section 113(a) and child care and early learning plans described in section 114(b); (14) facilitating collaboration among prime sponsors and delegate providers within the State; and (15) supporting a unified, birth-through-school-entry, early childhood system, including carrying out activities related to establishing braided or blended funding arrangements to promote the integration of services to children and families. (c) Maintenance of effort No State or community shall reduce its expenditures for child care and early learning programs (including home-based child care and early learning programs) because of financial assistance provided under this section. II Related programs 201. Maintenance of effort (a) Maintenance of effort Section 658J of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858h ) is amended by adding at the end the following: (d) Maintenance of effort (1) In general No State shall receive such a payment for a fiscal year if the State reduces its total State expenditures for child care services for the prior fiscal year below the average of such expenditures for the 3 fiscal years preceding that prior fiscal year. (2) Total State expenditures For purposes of this subsection, total State expenditures for child care services include State expenditures to carry out this subchapter and the Universal Child Care and Early Learning Act. . (b) Relationship to the Universal Child Care and Early Learning Act Section 658M of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858k ) is amended by adding at the end the following: (c) Relationship to the Universal Child Care and Early Learning Act An eligible child who is eligible for child care and early learning services under the Universal Child Care and Early Learning Act shall only receive child care services under this subchapter that the child is ineligible for under that Act. .
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117-s-1399
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II 117th CONGRESS 1st Session S. 1399 IN THE SENATE OF THE UNITED STATES April 27, 2021 Ms. Sinema (for herself, Mr. Portman , Mr. Rubio , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow qualified distributions from health savings accounts for certain home care expenses.
1. Short title This Act may be cited as the Homecare for Seniors Act . 2. Certain home care expenses treated as qualified distributions from health savings accounts (a) In general Section 223(d)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking medical care (as defined in section 213(d) in subparagraph (A) and inserting specified medical care (as defined in subparagraph (E)) ; and (2) by adding at the end the following new subparagraph: (E) Specified medical care For purposes of this paragraph— (i) In general The term specified medical care means— (I) medical care (as defined in section 213(d)), and (II) qualified home care. (ii) Qualified home care The term qualified home care means services provided pursuant to a contract to provide 3 or more of the following in the residence of the service recipient: (I) Assistance with eating. (II) Assistance with toileting. (III) Assistance with transferring. (IV) Assistance with bathing. (V) Assistance with dressing. (VI) Assistance with continence. (VII) Medication adherence. Such term shall not include any services unless such services are provided by a service provider which is licensed by the State to provide such services, or such services are otherwise provided in a manner that is consistent with State requirements. (iii) Related parties The term qualified home care shall not include services provided pursuant to any contract which is entered into, directly or indirectly, between a service provider and a service recipient who are related within the meaning of section 267(b) or 707(b). . (b) Conforming amendments Section 223(d)(2) of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended— (1) by striking the second sentence of subparagraph (A), and (2) by striking this paragraph, the term in subparagraph (D) and inserting “this paragraph— (i) In general Amounts paid for menstrual care products shall be treated as paid for specified medical care. (ii) Definition The term . (c) Effective date The amendments made by this section shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act. (d) Promotion of public awareness of in-Home service expenses eligible for tax-Free distribution from health savings accounts The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall carry out a campaign to increase public awareness of the in-home service expenses that are eligible for tax-free distribution from health savings accounts.
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117-s-1400
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II 117th CONGRESS 1st Session S. 1400 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Murkowski (for herself, Mr. Manchin , Mr. Risch , Mr. King , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to provide energy cybersecurity investment incentives, to establish a grant and technical assistance program for cybersecurity investments, and for other purposes.
1. Short title This Act may be cited as the Protecting Resources On The Electric grid with Cybersecurity Technology Act of 2021 or the PROTECT Act of 2021 . 2. Incentives for advanced cybersecurity technology investment Part II of the Federal Power Act is amended by inserting after section 219 ( 16 U.S.C. 824s ) the following: 219A. Incentives for cybersecurity investments (a) Definitions In this section: (1) Advanced cybersecurity technology The term advanced cybersecurity technology means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )). (2) Advanced cybersecurity technology information The term advanced cybersecurity technology information means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. (b) Study Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance-based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage— (1) investment by public utilities in advanced cybersecurity technology; and (2) participation by public utilities in cybersecurity threat information sharing programs. (c) Incentive-Based rate treatment Not later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging— (1) investments by public utilities in advanced cybersecurity technology; and (2) participation by public utilities in cybersecurity threat information sharing programs. (d) Factors for consideration In issuing a rule pursuant to this section, the Commission may provide additional incentives beyond those identified in subsection (c) in any case in which the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to— (1) defense critical electric infrastructure (as defined in section 215A(a)) and other facilities subject to the jurisdiction of the Commission that are critical to public safety, national defense, or homeland security, as determined by the Commission in consultation with— (A) the Secretary of Energy; and (B) appropriate Federal agencies; and (2) facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission. (e) Ratepayer protection (1) In general Any rate approved under a rule issued pursuant to this section, including any revisions to that rule, shall be subject to the requirements of sections 205 and 206 that all rates, charges, terms, and conditions— (A) shall be just and reasonable; and (B) shall not be unduly discriminatory or preferential. (2) Prohibition of duplicate recovery Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology. (f) Single-Issue rate filings The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under section 205 that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility. (g) Protection of information Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 215A. . 3. Rural and municipal utility advanced cybersecurity grant and technical assistance program (a) Definitions In this section: (1) Advanced cybersecurity technology The term advanced cybersecurity technology means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of electric utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )). (2) Eligible entity The term eligible entity means— (A) a rural electric cooperative; (B) a utility owned by a political subdivision of a State, such as a municipally owned electric utility; (C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State; (D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); and (E) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year. (3) Program The term Program means the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program established under subsection (b). (4) Secretary The term Secretary means the Secretary of Energy. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program , to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats. (c) Objectives The objectives of the Program shall be— (1) to deploy advanced cybersecurity technologies for electric utility systems; and (2) to increase the participation of eligible entities in cybersecurity threat information sharing programs. (d) Awards (1) In general The Secretary— (A) shall award grants and provide technical assistance under the Program to eligible entities on a competitive basis; (B) shall develop criteria and a formula for awarding grants and providing technical assistance under the Program; (C) may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection (c); and (D) shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the Program. (2) Priority for grants and technical assistance In awarding grants and providing technical assistance under the Program, the Secretary shall give priority to an eligible entity that, as determined by the Secretary— (A) has limited cybersecurity resources; (B) owns assets critical to the reliability of the bulk power system; or (C) owns defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) )). (e) Protection of information Information provided to, or collected by, the Federal Government under this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority under any applicable law requiring public disclosure of information or records. (f) Funding There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
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117-s-1401
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II 117th CONGRESS 1st Session S. 1401 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Brown (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve nutritional and other program requirements relating to purchases of locally produced food.
1. Short title This Act may be cited as the Kids Eat Local Act of 2021 . 2. Purchases of locally produced food Section 9(j)(3) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(j)(3) ) is amended— (1) by striking Program, to and inserting the following: Program— (A) to ; (2) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (B) to use locally grown , locally raised , or locally caught as a product specification. .
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117-s-1402
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II 117th CONGRESS 1st Session S. 1402 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Schatz (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Native American Languages Act to ensure the survival and continuing vitality of Native American languages, and for other purposes.
1. Short title This Act may be cited as the Durbin Feeling Native American Languages Act of 2021 . 2. Ensuring the survival and continuing vitality of Native American languages (a) In general Section 106 of the Native American Languages Act ( 25 U.S.C. 2905 ) is amended by adding at the end the following: (c) Evaluation; report Not later than 1 year after the date of enactment of this subsection, the President shall— (1) require the heads of the various Federal departments, agencies, and instrumentalities to carry out an evaluation described in subsection (a)(1); and (2) submit to Congress a report that describes— (A) the results of the evaluations; and (B) the recommendations of the Secretary of the Interior, the Secretary of Health and Human Services, and the Secretary of Education, after consultation with Indian tribes, traditional leaders, and representatives of Native American language communities, for amendments to Federal laws that are needed— (i) to bring the Federal laws into compliance with this Act; (ii) to improve interagency coordination for purposes of supporting revitalization, maintenance, and use of Native American languages; and (iii) to reduce duplication, inefficiencies, and barriers Native American language communities face in accessing Federal programs to support efforts to revitalize, maintain, or increase the use of Native American languages. . (b) Survey on Native American languages The Native American Languages Act ( 25 U.S.C. 2901 et seq.) is amended by adding at the end the following: 108. Survey on Native American languages (a) In general Not later than 18 months after the date of enactment of this section, and every 5 years thereafter, the Secretary of Health and Human Services, acting through the Commissioner of the Administration for Native Americans (referred to in this section as the Secretary ), shall undertake a survey of the use of all Native American languages in the United States. (b) Updates Prior to conducting each subsequent survey after the initial survey under subsection (a), the Secretary shall update the survey in accordance with this section. (c) Consultation required The Secretary shall design the initial survey under subsection (a) and each updated survey under subsection (b)— (1) in consultation with Indian tribes; and (2) after considering feedback received from Native American language speakers and experts. (d) Contents Each survey under subsection (a) shall solicit— (1) information on which Native American languages are currently spoken; (2) estimates of the number of speakers of each Native American language; (3) any language usage statistics or information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be relevant and appropriate; (4) information on the types of Native American language maintenance and revitalization projects and practices that are currently being carried out; (5) information on any unmet Native American language resource needs of Indian tribes and Native American language communities; and (6) any other information that the Secretary, in consultation with Indian tribes and Native American language speakers and experts, determines to be necessary. (e) Coordination The Secretary may coordinate, and enter into cooperative agreements with, the Director of the Bureau of the Census for the purposes of carrying out this section. (f) Outreach and engagement (1) In general The Secretary shall carry out outreach and engagement activities to provide Indian tribes, Native language communities, and the public information about— (A) opportunities to provide input on the development and design of each survey under subsection (a), including information on the consultations required under subsection (c); (B) the goals and purpose of the surveys conducted under subsection (a); and (C) the benefits and importance of participation in surveys under subsection (a). (2) Grants, contracts, and cooperative agreements authorized The Secretary may carry out the outreach and engagement activities required under paragraph (1)— (A) directly; (B) in partnership with the Bureau of the Census; or (C) through grants to, or contracts or cooperative agreements with— (i) Indian tribes; (ii) tribal organizations; and (iii) nonprofit organizations that work with Indian tribes, Native American language programs, and Native American language communities. (g) Limitation Nothing in this section requires an Indian tribe, Native American language community, or Native American language speaker— (1) to participate in a survey under subsection (a); or (2) to provide specific or culturally sensitive information in completing such a survey. (h) Availability of survey materials and findings (1) In general Not later than 1 year after the date of enactment of this section, and prior to conducting each survey under subsection (a), the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and make publicly available, a description of— (A) the feedback received under subsection (c) on the design of the survey; (B) the form and content of the survey; (C) the plan for deploying the survey to ensure a robust response; and (D) how the Secretary will ensure any survey enumeration efforts are culturally informed and appropriate. (2) Results Not later than 90 days after the date on which analysis of each survey under subsection (a) is completed, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and make publicly available, the results of the survey. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,500,000 for each fiscal year— (1) preceding a fiscal year during which a survey under subsection (a) is conducted; and (2) during which a survey under that subsection is conducted. .
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117-s-1403
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II 117th CONGRESS 1st Session S. 1403 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Hoeven (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for Move America bonds and Move America credits.
1. Short title This Act may be cited as the Move America Act of 2021 . 2. Findings and purpose (a) Findings Congress makes the following findings: (1) Our Nation’s infrastructure network serves as a foundation of our economic competitiveness and national security. It is imperative that Congress maintain and revitalize the roads, bridges, ports, railways, airports, transit systems, water systems, and information networks of this country, enabling all industries to achieve the growth and productivity that make the United States strong and prosperous. (2) Investing in transportation, water, and information infrastructure creates long-term capital assets for the Nation that will improve economic productivity. (3) Investment in infrastructure creates jobs and spurs economic activity to put people back to work and grow the economy. (4) The cost to maintain and improve our Nation's highways, bridges, and other critical transportation infrastructure significantly exceeds what is currently being provided by all levels of government. (5) Investment in our Nation’s infrastructure must be multi-faceted, both by ensuring that there is a sustainable long-term funding source for infrastructure and through using innovative financing mechanisms. (6) Areas that are underserved by modern broadband connections are disadvantaged, and ensuring that those areas are connected will enable the Nation to benefit from the fuller participation of previously underserved citizens in the national economy. (7) Investment in infrastructure is needed throughout the Nation, and it is essential that infrastructure legislation, including but not limited to this legislation, benefit urban and rural areas, and large and small States. (b) Purpose The purpose of this Act is to provide tools to finance additional transportation, water, and information infrastructure capital investments, through an approach that provides assistance for financing of infrastructure to all States, rural and urban, and large and small. 3. Move America Bonds (a) In general (1) Move America bonds Subpart A of part IV of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 142 the following new section: 142A. Move America bonds (a) In general (1) Treatment as exempt facility bond Except as otherwise provided in this section, a Move America bond shall be treated for purposes of this part as an exempt facility bond. (2) Exceptions (A) No government ownership requirement Paragraph (1) of section 142(b) shall not apply to any Move America bond. (B) Special rules for high-speed rail bonds Paragraphs (2) and (3) of section 142(i) shall not apply to any Move America bond described in subsection (b)(6). (C) Special rules for highway and surface transportation facilities Paragraphs (2), (3), and (4) of section 142(m) shall not apply to any Move America bond described in subsection (b)(7). (b) Move America bond For purposes of this part, the term Move America bond means any bond issued as part of an issue 95 percent or more of the net proceeds of which are used to provide— (1) airports, (2) docks and wharves, including— (A) waterborne mooring infrastructure, (B) dredging in connection with a dock or wharf, and (C) any associated rail and road infrastructure for the purpose of integrating modes of transportation, (3) mass commuting facilities, (4) facilities for the furnishing of water (within the meaning of section 142(e)), (5) sewage facilities, (6) railroads (as defined in section 20102 of title 49, United States Code) and any associated rail and road infrastructure for the purpose of integrating modes of transportation, (7) any— (A) surface transportation project which is eligible for Federal assistance under title 23, United States Code (as in effect on the date of the enactment of this section), (B) project for an international bridge or tunnel for which an international entity authorized under Federal or State law is responsible and which is eligible for Federal assistance under title 23, United States Code (as so in effect), or (C) facility for the transfer of freight from truck to rail or rail to truck (including any temporary storage facilities directly related to such transfers) which is eligible for Federal assistance under either title 23 or title 49, United States Code (as so in effect), (8) flood diversions, (9) inland waterways, including construction and rehabilitation expenditures for navigation on any inland or intracoastal waterways of the United States (within the meaning of section 4042(d)(2)), or (10) rural broadband service infrastructure. (c) Definitions For purposes of this section— (1) Flood diversions The term flood diversion means any flood damage risk reduction project authorized under any Act for authorizing water resources development projects. (2) Rural broadband service infrastructure The term rural broadband service infrastructure means the construction, improvement, or acquisition of facilities and equipment for the provision of broadband services (as defined in section 601 of the Rural Electrification Act of 1936) which— (A) meet the minimum requirements in effect under section 601(e) of such Act, and (B) will be provided in an area which— (i) is a rural area (as defined in section 601 of such Act), and (ii) meets the requirements of clauses (i) and (ii) of section 601(d)(2)(A) of such Act. (d) Move America volume cap (1) In general The aggregate face amount of Move America bonds issued pursuant to an issue, when added to the aggregate face amount of Move America bonds previously issued by the issuing authority during the calendar year, shall not exceed such issuing authority's Move America volume cap for such year. (2) Move America volume cap For purposes of this subsection— (A) In general The Move America volume cap for any calendar year is an amount equal to 50 percent of the State ceiling under section 146(d) for such State for such calendar year. (B) Allocation of volume cap Each State may allocate the Move America volume cap of such State among governmental units (or other authorities) in such State having authority to issue private activity bonds. (3) Carryforwards (A) In general If— (i) an issuing authority's Move America volume cap, exceeds (ii) the aggregate amount of Move America bonds issued during such calendar year by such authority, any Move America bond issued by such authority during the 5-calendar-year period following such calendar year shall not be taken into account under paragraph (1) to the extent the amount of such bonds does not exceed the amount of such excess. Any excesses arising under this paragraph shall be used under this paragraph in the order of calendar years in which the excesses arose. (B) Reallocation of unused carryforwards (i) In general The Move America volume cap under paragraph (2)(A) for any State for any calendar year shall be increased by any amount allocated to such State by the Secretary under clause (ii). (ii) Reallocation The Secretary shall allocate to each qualified State for any calendar year an amount which bears the same ratio to the aggregate unused carryforward amounts of all issuing authorities in all States for such calendar year as the qualified State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). (iii) Qualified State For purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I) which allocated its entire Move America volume cap for the preceding calendar year, and (II) for which a request is made (not later than May 1 of the calendar year) to receive an allocation under clause (ii). (iv) Unused carryforward amount For purposes of this paragraph, the term unused carryforward amount means, with respect to any issuing authority for any calendar year, the excess of— (I) the amount of the excess described in subparagraph (A) for the sixth preceding calendar year, over (II) the amount of bonds issued by such issuing authority to which subparagraph (A) applied during the 5 preceding calendar years. (4) Facility must be located within State (A) In general No portion of the Move America volume cap of an issuing authority for any calendar year may be used with respect to financing for a facility located outside of the authority's State. (B) Exception for certain facilities where State will get proportionate share of benefit Subparagraph (A) shall not apply to any Move America bond the proceeds of which are used to provide a facility described in paragraph (4) or (5) of subsection (b) if the issuer establishes that the State's share of the use of the facility will equal or exceed the State's share of the private activity bonds issued to finance the facility. (e) Applicability of certain federal laws (1) In general An issue shall not be treated as an issue under subsection (b) unless the facility for which the proceeds of such issue are used meets the requirements applicable to construction, alteration, or repair of similar facilities under any Federal law that would apply if the facility were funded or financed under any other Federal program (including under titles 23, 40, and 49, United States Code) which would otherwise apply to similar facilities. (2) Public transportation capital projects In addition to the requirements of paragraph (1), an issue the proceeds of which are used to finance a capital project (as defined in section 5302(3) of title 49, United States Code) relating to public transportation (as defined in section 5302(14) of such title) shall not be treated as an issue under subsection (b) unless such project complies with the requirements of chapter 53 of title 49, United States Code. (f) Special rule for environmental remediation costs for docks and wharves For purposes of this section, amounts used for working capital expenditures relating to environmental remediation required under State or Federal law at or near a facility described in subsection (b)(2) (including environmental remediation in the riverbed and land within or adjacent to the Federal navigation channel used to access such facility) shall be treated as an amount used to provide for such a facility. (g) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations requiring States to report the amount of Move America volume cap of the State carried forward for any calendar year under subsection (d)(3). . (2) Conforming amendment The table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 142 the following new item: Sec. 142A. Move America bonds. . (b) Application of other private activity bond rules (1) Treatment under private activity bond volume cap Subsection (g) of section 146 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting , and , and by inserting after paragraph (4) the following new paragraph: (5) any Move America bond. . (2) Special rule on use for land acquisition Subparagraph (A) of section 147(c)(1) of the Internal Revenue Code of 1986 is amended by inserting (50 percent in the case of any issue of Move America bonds) after 25 percent . (3) Special rules for rehabilitation expenditures (A) Inclusion of certain expenditures Subparagraph (B) of section 147(d)(3) of the Internal Revenue Code of 1986 is amended by inserting , except that, in the case of any Move America bond, such term shall include any expenditure described in clause (v) thereof before the period at the end. (B) Period for expenditures Subparagraph (C) of section 147(d)(3) of such Code is amended by inserting (5 years, in the case of any Move America bond) after 2 years . (c) Treatment under the alternative minimum tax Subparagraph (C) of section 57(a)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (vii) Exception for Move America bonds For purposes of clause (i), the term private activity bond shall not include any Move America bond (as defined in section 142A). . (d) Effective date The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. 4. Move America credits (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the section 42 the following new section: 42A. Move America credits (a) Move America equity credits (1) In general For purposes of section 38, the Move America equity credit for any taxable year in the credit period is an amount equal to 10 percent of the qualified basis of each qualified facility. (2) Definitions For purposes of this section— (A) Qualified basis (i) In general The qualified basis of any qualified facility is the portion of the eligible basis of such facility to which the State has allocated an amount of the State credit limitation under subsection (c)(3)(C)(i). (ii) Determination The qualified basis of a facility for purposes of all taxable years in the credit period shall be determined as of the date of the last day of the calendar year in which the qualified facility is placed in service. (iii) Exception Notwithstanding any other provision of this section, the qualified basis of any qualified facility shall be zero unless the chief executive officer (or the equivalent) of the local jurisdiction in which the qualified facility is located is provided a reasonable opportunity to comment on the qualified facility. (B) Qualified facility The term qualified facility means a facility described in section 142A(b), but only if such facility— (i) meets the requirements applicable to similar facilities under any Federal law which would apply if the facility were financed under any other Federal program (including titles 23, 40, and 49, United States Code), (ii) complies with the requirements of chapter 53 of title 49, United States Code, in the case of a capital project (as defined in section 5302(3) of title 49, United States Code) relating to public transportation (as defined in section 5302(14) of such title), and (iii) will be generally available for public use throughout the credit period. (C) Credit period (i) In general Except as provided in clause (ii), the credit period with respect to any qualified facility is the period of 10 taxable years beginning with the first taxable year beginning in the calendar year in which the facility is placed in service. (ii) Early termination If at any time during the 10-taxable-year period described in clause (i) a facility ceases to be a qualified facility, or ceases and then recommences to be a qualified facility, the credit period with respect to such facility shall include only the taxable years in such 10-year period in which the facility was a qualified facility for the entire taxable year. (iii) Dispositions of property or interest relating to qualified facility A facility shall not cease to be a qualified facility solely by reason of the disposition of the facility (or an interest therein) if it is reasonably expected that such facility will otherwise continue to be a qualified facility. (iv) Treatment of credit in case of disposition If at any time during the 10-taxable-year period described in clause (i) a qualified facility (or an interest therein) is disposed of— (I) the credit under paragraph (1) for any year in such period beginning after the date of the disposal shall be allowed to the acquiring person, and not to the person disposing of the facility (or interest), and (II) the credit under paragraph (1) for the year of the disposal shall be allocated between such persons on the basis of the number of days during such year the facility (or interest) was held by each. (3) Reallocation (A) In general If any qualified facility is not placed in service within 3 years of the date of the allocation under subsection (c)(3), the State shall rescind the allocation under subsection (c)(3)(C)(i). Any allocation so rescinded may be reallocated by the State under subsection (c) (including to qualified infrastructure funds for purposes of the credit under subsection (b)) within the calendar year in which it is so rescinded. (B) Reversion Any rescinded allocation which is not reallocated under subparagraph (A) by the last day of the calendar year in which it is so rescinded shall revert to inclusion in the State's Move America volume cap under section 142A(d) as if it had never been exchanged under subsection (c)(1). (C) No multiple reallocations Any rescinded allocation which is reallocated under subparagraph (A) and is subsequently rescinded shall not be further reallocated and shall immediately revert to inclusion in the Move America volume cap as provided in subparagraph (B). (4) Coordination with deduction for depreciation, etc The basis of any property taken into account in determining the qualified basis of a qualified facility with respect to which a credit is allowed under this section shall be reduced by the aggregate amount of the credit allowable under this section during all taxable years in the credit period which is properly allocable to the cost basis of such property. The Secretary shall provide for adjustments to basis in cases where the taxpayer is not allowed a full credit for all years in the credit period. (b) Move America infrastructure fund credits (1) Allowance of credit (A) In general For purposes of section 38, in the case of a taxpayer who holds a Move America investment on a credit allowance date of such investment which occurs during the taxable year, the Move America infrastructure fund credit for such taxable year is an amount equal to 5 percent of the amount paid to the qualified infrastructure fund for such investment at its original issue. (B) Credit allowance date For purposes of subparagraph (A), except as provided in paragraph (3), the term credit allowance date means with respect to any Move America investment— (i) the date on which such investment is initially made, and (ii) each of the 9 anniversary dates of such date thereafter. (2) Definitions For purposes of this section— (A) Move America investment (i) In general The term Move America investment means any equity investment in a qualified infrastructure fund, if— (I) such investment is acquired by the taxpayer at its original issue solely in exchange for cash, (II) substantially all of such cash is used by the qualified infrastructure fund to make qualified investments, and (III) such investment is designated for purposes of this subsection by the qualified infrastructure fund, including a designation of the qualified investment which will be made with such investment. (ii) Limitation (I) In general The maximum amount of equity investments issued by a qualified infrastructure fund in a calendar year which may be designated under clause (i)(III) by such fund shall not exceed 200 percent of the portion of the State credit limitation allocated under subsection (c)(3)(A)(ii) to such fund in such calendar year. (II) Expiration If the limitation determined under subclause (I) with respect to an infrastructure fund for a calendar year exceeds the amount of equity investments designated under clause (i)(III) by such fund in such year, the State shall rescind such excess allocation. Any allocation so rescinded may be reallocated by the State under subsection (c) (including to qualified facilities for purposes of the credit under subsection (a)) within the immediately succeeding calendar year. (III) Reversion Any rescinded allocation which is not reallocated under subclause (II) by the last day of such immediately succeeding calendar year shall revert to inclusion in the State's Move America volume cap under section 142A(d) as if it had never been exchanged under subsection (c)(1). (IV) No multiple reallocations Any rescinded allocation which is reallocated under subclause (II) and is subsequently rescinded shall not be further reallocated and shall immediately revert to inclusion in the Move America volume cap as provided in subclause (III). (iii) Safe harbor for determining use of cash The requirement of clause (i)(II) shall be treated as met if at least 95 percent of the aggregate gross assets of the qualified infrastructure fund (determined without regard to any cash received under clause (i)(I) that has not been invested in any other asset before the date that is 3 years after the date such cash is received) are invested in qualified investments. (iv) Treatment of subsequent purchasers The term Move America investment includes any equity investment which would (but for clause (i)(I)) be a Move America investment in the hands of the taxpayer if such investment was a Move America investment in the hands of a prior holder. (B) Qualified infrastructure fund The term qualified infrastructure fund means— (i) a State infrastructure bank established under section 610 of title 23, United States Code, (ii) a water pollution control revolving fund established under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq.), (iii) a drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ), or (iv) an equivalent fund established or designated by the State or any instrumentality thereof and certified by the Secretary as having a primary purpose of financing qualified facilities. In the case of a fund described in clause (ii) or (iii), the amount of any Move America investment shall not be included in determining the amount of State or other non-Federal contributions to such fund. (C) Qualified investment The term qualified investment means an investment (whether by loan, loan guarantee, or equity investment) in— (i) qualified facilities, or (ii) in the case of a fund described in clause (i), (ii), or (iii) of subparagraph (B), projects and activities for which such funds are authorized to be used under any other provision of law. (3) Early termination (A) In general If at any time during the compliance period the fund which issued a Move America investment ceases to be a qualified infrastructure fund, or ceases and then recommences to be a qualified infrastructure fund, any date described in paragraph (1)(B) (including the date described in clause (i) thereof) occurring in— (i) the taxable year in which the fund ceased to be a qualified infrastructure fund, or (ii) any other taxable year in such period in which the fund is not a qualified infrastructure fund for the entire taxable year, shall not be treated as a credit allowance date for purposes of paragraph (1). (B) Compliance period For purposes of subparagraph (A), the term compliance period means the 10-taxable-year period beginning with the taxable year that includes the date of the original issue of the Move America investment. (C) Loss of qualification A fund shall cease to be a qualified infrastructure fund as of the date more than 5 percent of the investments made by the fund are not qualified investments. For purposes of the preceding sentence, the amount of any cash received under subparagraph (A)(i)(I) that has not been invested in any other asset before the date that is 3 years after the date such cash is received shall not be taken into account in determining investments made by the fund. (D) Expiration of credit If substantially all of the cash paid for any Move America investment is not used to make qualified investments designated under paragraph (2)(A)(i)(III) within 3 years of the date of original issue of such investment, any date described in paragraph (1)(B) occurring in a taxable year which ends after the date which is 3 years after such date of original issue shall not be treated as a credit allowance date for purposes of paragraph (1). (c) Move America credit allocation (1) Exchange of Move America bond volume cap (A) In general If a State has in effect a qualified allocation plan for a calendar year, the State may exchange (in such manner as the Secretary may prescribe) all or a portion of the State's Move America volume cap under section 142A(d) for such year for a State credit limitation. (B) Limitation The amount of a State's Move America volume cap for a calendar year which may be exchanged under subparagraph (A) shall not include any portion of such cap which is attributable to an amount of State credit limitation which has reverted under paragraph (3)(D) or subsection (a)(3)(B) or (b)(2)(A)(iv). (2) State credit limitation For purposes of this section, the State credit limitation with respect to any State for a calendar year is a dollar amount equal to 25 percent of the Move America volume cap exchanged under paragraph (1) for such calendar year. (3) Allocation (A) In general A State may allocate the State credit limitation, according to the qualified allocation plan, for any calendar year among— (i) qualified facilities in the State for purposes of the Move America equity credit under subsection (a), and (ii) qualified infrastructure funds in the State for purposes of the Move America infrastructure fund credit under subsection (b). (B) Qualified allocation plan (i) In general For purposes of this subsection, the term qualified allocation plan means any plan— (I) which sets forth selection criteria to be used in determining infrastructure priorities of the State and allocating the State credit limitation among facilities (in accordance with clause (ii)) and infrastructure funds in the State, and (II) which provides a procedure that the State (or an agent or other private contractor of the State) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance. (ii) Limitation based on facility feasibility for Move America equity credits (I) In general In the case of an allocation with respect to any qualified facility for purposes of the Move America equity credit under subsection (a), such allocation shall not exceed the minimum amount which the State transportation authority or other applicable agency determines is required for the financial feasibility of the facility and its viability for completion and availability for public use throughout the credit period. (II) Minimum feasibility determination In making the determination under subclause (I), such entity shall consider the sources and uses of funds and the total financing planned for the facility, any proceeds or receipts expected to be generated by reason of tax benefits, the reasonableness of the developmental and operational costs of the facility over the full expected operational life of the facility, ancillary costs (including right-of-way and procurement costs), financing costs, and retained and transferred risk. (C) Special rules relating to Move America equity credit (i) Limitation The amount allocated to a qualified facility under subparagraph (A)(i) shall not exceed the eligible basis of such facility. (ii) Eligible basis For purposes of this section, except as provided in clause (iii), the eligible basis of any qualified facility is the lesser of— (I) the portion of the basis of such facility which is attributable to the aggregate amount of equity investment of all taxpayers in the costs of the facility which are subject to the allowance for depreciation (determined as of the last day of the calendar year in which the facility is placed in service), or (II) 20 percent of the costs of the facility which are subject to the allowance for depreciation (determined as of the last day of the calendar year in which the facility is placed in service). (iii) Exclusion of government assistance Eligible basis shall not include any portion of the basis of such facility which is attributable to any assistance or financing provided by a Federal, State, or local government (determined as of the last day of the calendar year in which the facility is placed in service). (D) Reversion of unallocated limitation Any portion of the State credit limitation for any calendar year which remains unallocated as of the last day of such calendar year shall revert to inclusion in the State's Move America volume cap under section 142A(d) as if it had never been exchanged under paragraph (1). . (b) Credits made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended— (1) by striking plus at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting a comma; and (3) by adding at the end the following new paragraphs: (34) the Move America equity credit under section 42A(a)(1), plus (35) the Move America infrastructure fund credit under section 42A(b)(1). . (c) Treatment under alternative minimum tax and base erosion tax (1) Alternative minimum tax Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (iv) through (xii) as clauses (vi) through (xiv), respectively, and by inserting after clause (ii) the following new clauses: (iii) the credit determined under section 42A(a)(1), (iv) the credit determined under section 42A(b)(1), . (2) Base erosion tax Section 59A(b)(1)(B)(ii) of such Code is amended by striking plus at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) the following new subclause: (II) the credit allowed under section 38 for the taxable year which is properly allocable to the sum of the Move America equity credit under section 42A(a)(1) and the Move America infrastructure fund credit under section 42A(b)(1), plus . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 42 the following new item: Sec. 42A. Move America credits. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (f) Reporting A State shall, at such time and in such manner as the Secretary of the Treasury shall require, report— (1) to the Secretary of the Treasury— (A) the amount of the Move America volume cap of the State for the calendar year which is exchanged under section 42A(c)(1) of the Internal Revenue Code of 1986 for a State credit limitation; (B) the amount (if any) of the State credit limitation allocated under section 42A(c)(3)(A)(i) of such Code to qualified facilities, the amount so allocated to each such facility, and the taxpayer with respect to such facility (including the name of the taxpayer and any other identifying information as the Secretary of the Treasury shall require); and (C) the amount (if any) of the State credit limitation allocated under section 42A(c)(3)(A)(ii) of such Code to qualified infrastructure funds, the amount so allocated to each such fund, and each taxpayer holding any Move America investment with respect to any such fund (including the name of the taxpayer and any other identifying information as the Secretary of the Treasury shall require); (2) to the Secretary of the Treasury and any taxpayer who is the sponsor of a qualified facility receiving an allocation under section 42A(c)(3)(A)(i) of such Code, the date on which the qualified facility is placed in service; and (3) to the Secretary of the Treasury and any taxpayer holding a Move America investment, a certification that the entity which issued the investment is a qualified infrastructure fund and that the investment will be used to make qualified investments designated for purposes of section 42A(b)(2)(A)(i)(III) of the Internal Revenue Code of 1986. For purposes of this subsection, any term used in this subsection that is also used in section 42A or 142A of such Code has the same meaning as when used in such section.
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https://www.govinfo.gov/content/pkg/BILLS-117s1403is/xml/BILLS-117s1403is.xml
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117-s-1404
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II 117th CONGRESS 1st Session S. 1404 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself, Mr. Blumenthal , Mr. Portman , Mr. King , Ms. Warren , Mr. Hoeven , Mr. Casey , Ms. Klobuchar , Ms. Collins , Mr. Kennedy , Mr. Cotton , Mr. Menendez , Mr. Van Hollen , Mr. Lee , Mrs. Feinstein , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the 23d Headquarters Special Troops and the 3133d Signal Service Company in recognition of their unique and distinguished service as a Ghost Army that conducted deception operations in Europe during World War II.
1. Short title This Act may be cited as the Ghost Army Congressional Gold Medal Act . 2. Findings Congress finds that— (1) the 23d Headquarters Special Troops (comprised of the 23d Headquarters and Headquarters Company, Special Troops, the 603d Engineer Camouflage Battalion, the 406th Combat Engineer Company, the 3132d Signal Service Company, and the Signal Company, Special, 23d Headquarters, Special Troops) and the 3133d Signal Service Company were top-secret units of the United States Army that served in Europe during World War II; (2) the 23d Headquarters Special Troops was actively engaged in battlefield operations from June of 1944 through March of 1945; (3) the 3133d Signal Service Company was engaged in operations in Italy in 1945; (4) the deceptive activities of these units were integral to several Allied victories across Europe and reduced casualties; (5) in evaluating the performance of these units after World War II, an Army analysis found that Rarely, if ever, has there been a group of such a few men which had so great an influence on the outcome of a major military campaign. ; (6) many Ghost Army soldiers were citizen-soldiers recruited from art schools, advertising agencies, communications companies, and other creative and technical professions; (7) the first 4 members of the 23d Headquarters Special Troops landed on D-Day and 2 became casualties while creating false beach landing sites; (8) the 23d Headquarters Special Troops secret deception operations commenced in France on June 14, 1944, when Task Force Mason (a 17-man detachment of the 23d led by First Lieutenant Bernard Mason) landed at Omaha Beach; (9) Task Force Mason conducted Operation Elephant from July 1 to 4, 1944, to draw enemy fire and protect the 980th Field Artillery Battalion (VIII Corps) as part of the Normandy Campaign; (10) Operation Elephant was a prelude to the 21 full-scale tactical deceptions completed by the 23d Headquarters Special Troops; (11) often operating on or near the front lines, the 23d Headquarters Special Troops used inflatable tanks, artillery, airplanes and other vehicles, advanced engineered soundtracks, and skillfully crafted radio trickery to create the illusion of sizable American forces where there were none and to draw the enemy away from Allied troops; (12) the 3132d and the 3133d Signal Service Companies, activated in Pine Camp (now Fort Drum), New York, at the Army Experimental Station in March 1944, were the only 2 active duty sonic deception ground combat units in World War II; (13) soldiers of the 23d Headquarters Special Troops impersonated other, larger Army units by sewing counterfeit patches onto their uniforms, painting false markings on their vehicles, and creating phony headquarters staffed by fake generals, all in an effort to feed false information to Axis spies; (14) during the Battle of the Bulge, the 23d Headquarters Special Troops created counterfeit radio traffic in an effort to deceive the enemy of the movement of elements of General George S. Patton’s Third Army as it shifted to break through to the 101st Airborne Division and elements of 10th Armored Division in the besieged Belgian town of Bastogne; (15) in its final mission, Operation Viersen, in March 1945, the 23d Headquarters Special Troops conducted a tactical deception operation intended to draw German units down the Rhine River and away from the Ninth Army, allowing the Ninth Army to cross the Rhine into Germany; (16) during Operation Viersen, the 23d Headquarters Special Troops, with the assistance of other units, impersonated 40,000 men, or 2 complete divisions of American forces, by using fabricated radio networks, soundtracks of construction work and artillery fire, and more than 600 inflatable and real vehicles; (17) according to a military intelligence officer of the 79th Infantry, There is no doubt that Operation Viersen materially assisted in deceiving the enemy with regard to the real dispositions and intentions of this Army. ; (18) 3 soldiers of the 23d Headquarters Special Troops gave their lives and dozens were injured in carrying out their mission; (19) in April 1945, the 3133d Signal Service Company conducted Operation Craftsman in support of Operation Second Wind, the successful Allied effort to break through the German defensive position to the north of Florence, Italy, known as the Gothic Line; (20) along with an attached platoon of British engineers, who were inflatable decoy specialists, the 3133d Signal Service Company used sonic deception to misrepresent troop locations along this defensive line; (21) the activities of the 23d Headquarters Special Troops and the 3133d Signal Service Company remained highly classified for more than 40 years after the war and were never formally recognized; (22) the extraordinary accomplishments of this unit are deserving of belated official recognition; and (23) the United States is eternally grateful to the soldiers of the 23d Headquarters Special Troops and the 3133d Signal Service Company for their proficient use of innovative tactics during World War II, which saved lives and made significant contributions to the defeat of the Axis powers. 3. Congressional gold medal (a) Award authorized The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a gold medal of appropriate design to the 23d Headquarters Special Troops and the 3133d Signal Services Company, known collectively as the Ghost Army , in recognition of unique and highly distinguished service during World War II. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary ) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations associated with the 23d Headquarters Special Troops and the 3133d Signal Services Company. (d) Duplicate medals Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 4. Status of medal (a) National medal The gold medal struck under this Act shall be a national medal for the purposes of chapter 51 of title 31, Unites States Code. (b) Numismatic items For purpose of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
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https://www.govinfo.gov/content/pkg/BILLS-117s1404is/xml/BILLS-117s1404is.xml
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117-s-1405
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II 117th CONGRESS 1st Session S. 1405 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the imposition of sanctions with respect to significant actions that exacerbate climate change, to reinforce comprehensive efforts to limit global average temperature rise, and for other purposes.
1. Short title This Act may be cited as the Targeting Environmental and Climate Recklessness Act of 2021 . 2. Findings Congress makes the following findings: (1) Climate change is imposing significant damage on communities in the United States and abroad in the form of severe weather events, wildfires, heat waves, droughts, flooding, ocean acidification, and other threats to public health and safety. Scientists expect these effects to grow in frequency and intensity in the coming decades. Low-income communities and communities of color bear a disproportionate impact of climate-related damages. (2) Collectively, the international community needs to limit global warming to under 2.7 degrees Fahrenheit above pre-industrial levels in order to avoid the most catastrophic effects of climate change. Under the current trajectory, the world will fail to meet this target and will experience warming that exceeds 3 degrees Celsius by the end of the century. In many regions of the world, warming of average temperatures has already surpassed 3 degrees Fahrenheit. (3) To limit global warming to under 1.5 degrees Celsius above pre-industrial levels, the world needs to reach net-zero global emissions by 2050, which will require making drastic reforms to global economic systems to mitigate greenhouse gas emissions, reduce deforestation, reduce dependency on coal, adapt to unavoidable changes in the climate, and ensure a just transition. (4) The goals articulated in the United Nations Paris Climate Agreement depend on collective action involving the entire international community. Progress made by one economic actor can be reduced or cancelled out if another economic actor emits significant greenhouse gas emissions into the Earth’s atmosphere. (5) Coal produces the highest intensity of greenhouse gas emissions of any fuel source. The International Energy Agency estimates that coal is responsible for nearly 1/3 of global warming. The United Nations Secretary General has repeatedly urged countries to stop financing coal and to pledge not to build new coal-fired power plants. (6) Subcritical coal-fired power plants continue to be developed, especially in Southeast Asia and as part of the Belt and Road Initiative of the People's Republic of China, despite broad awareness of the dangers and the growing availability of economically superior alternatives. Additionally, coal mining is frequently associated with a wide range of human rights abuses, such as forced evictions and land grabbing, water and air pollution, and violations of the rights of indigenous people and workers. (7) Alternatives to carbon-intensive electrical power generation are now available and technological advancements continue to strengthen the economic competitiveness of such alternatives. (8) Internationally, several economic actors continue to pursue activities, such as development of new subcritical coal-fired power plants and deforestation that contribute to dangerous levels of greenhouse gas emissions. In addition to carrying a significant climate risk, many of these activities are associated with serious human rights abuses, acts of corruption, and environmental injustice against Indigenous communities, communities of color, and other communities that have historically faced marginalization and discrimination. (9) The United States Government has developed and implements targeted measures to restrict access to the United States financial system for specific individuals and entities whose actions threaten or run counter to United States national interests. The United States Government has deployed these measures in response to terrorism, proliferation of weapons of mass destruction, transnational organized crime, narcotics trafficking, malicious cyber-enabled activity, wildlife trafficking, serious human rights abuses, and acts of corruption. While President Joseph R. Biden has further centered climate solutions in foreign policy, as of the date of the enactment of this Act, the United States Government has not used these measures to target and deter reckless, climate-destroying behavior. (10) President Biden has indicated that combating the climate crisis is a top domestic and foreign policy priority and has taken steps including the creation of a Special Presidential Envoy for Climate, collaborating with other countries to establish worldwide solutions and reduce the impact of climate change, striving to achieve a net-zero economy in the United States by 2050, producing a plan to end international financing for fossil fuel projects, and emphasizing the need of pursuing an entirely clean energy economy. (11) President Biden has made it a priority to counter environmental injustices in the United States and abroad, and plans on implementing community-led approaches as well as Federal protections and regulations that will support those community members whose land and health have been negatively impacted by climate change. (12) The climate crisis has led to a surge of civic engagement, activism, and protests across the world. At the same time, reprisals against environmental defenders are on the rise. Front Line Defenders reported that of the 331 human rights defenders killed for their work in 2020, 69 percent were killed for speaking up about Indigenous, land, or environmental rights. In 2020, Global Witness reported than an average of 4 environmental defenders had been killed every week since the Paris Climate Agreement was signed in December 2015. Thousands of other environmental defenders are targeted each year with reprisals in the form of enforced disappearances, torture, sexual violence, criminalization, and smear campaigns. (13) As a result of corruption and illegally issued permits for forest clearance, only approximately 50 percent of tropical forest destruction is defined as illegal under local country laws. Critically, violations of land rights and the free, prior, and informed consent and rights of Indigenous people can be overlooked if the only criterion applied is legality. (14) Illegal deforestation is a significant driver of the destruction of the Amazon rainforest. Criminal networks with the capacity to coordinate large-scale extraction, processing, and sale of timber deploy armed personnel to protect their interests. Those criminal networks regularly attack and threaten members of Indigenous communities, enforcement officials, and other environmental defenders. Perpetrators of such violence are rarely brought to justice. (15) Policies and measures to address climate change must also promote human rights, thereby advancing equality, justice, and dignity for all, in line with the Sustainable Development Goals of the United Nations. 3. Sense of Congress on a comprehensive approach to addressing climate change It is the sense of Congress that— (1) the targeted measures described in this Act are only one component of the comprehensive approach needed to address climate change and mitigate its effects; (2) the United States Government must ensure through law and regulation that entities in the United States are not engaged in or complicit in any of the egregious behaviors for which foreign persons may be targeted under this Act; (3) the United States Government must fulfill its pledges to the Green Climate Fund and promote international efforts to support climate change adaptation and mitigation; (4) the United States Government must work proactively with foreign governments, including by offering positive incentives, to address climate change and to promote economic development in ways that do not needlessly increase carbon emissions or increase the risk of corruption; (5) the targeted measures described in this Act should be employed if engagement has failed to prevent significant actions that exacerbate climate change; and (6) given broad international support for countering climate change, the Secretary of State should encourage the governments of other countries to implement targeted measures that are similar to the provisions of this Act, and the Secretary of the Treasury should support implementation of such measures, in order to increase the effectiveness of actions taken by the United States to combat significant actions that exacerbate climate change, including related corruption and human rights violations. 4. Sense of Congress on engagement with the People’s Republic of China It is the sense of Congress that— (1) the United States Government should continue to hold the People's Republic of China accountable for its human rights abuses, violations of international law, coercive and unfair economic practices, and military aggression, and should do so while also pursuing opportunities to cooperatively address the existential threat of climate change; (2) the United States Government should encourage the People’s Republic of China to follow through on its stated intentions to reduce the negative environmental impacts of Chinese foreign investment, including investments provided through the Belt and Road Initiative; (3) the United States Government should negotiate a binding agreement to end fossil fuel subsidies with major economies including the People’s Republic of China; (4) the United States Government should build on the successes of existing engagement with the People’s Republic of China through the United States-China Clean Energy Research Center and other initiatives to launch new cooperative efforts; (5) the United States Government should engage in expanded dialogue with the People’s Republic of China to ensure that development finance institutions do not undermine global decarbonization efforts; and (6) the United States Government should work with the People’s Republic of China to develop and adopt safeguards to promote low-carbon, climate-resilient investments over high-carbon, climate risk-inducing investments, particularly in emerging and developing economies in the Indo-Pacific, Africa, and Latin America. 5. Statement of policy on application of Global Magnitsky sanctions to climate-linked corruption and human rights abuses (a) In general It is the policy of the United States to consider— (1) any act of corruption related to a covered activity (as defined in section 6(i)) to be corruption, as that term is used in Executive Order 13818 ( 50 U.S.C. 1701 note; relating to blocking the property of persons involved in serious human rights abuse or corruption); and (2) any violation of internationally recognized human rights committed against an individual described in subsection (b) to be a serious human rights abuse, as that term is used in Executive Order 13818. (b) Individuals described An individual described in this subsection is an individual who— (1) advocates for the protection of the environment, public health, Indigenous rights, or community land rights; (2) investigates, exposes, or raises awareness of harm or corruption related to natural resource use; or (3) is obliged to leave the individual's habitual home due, in whole or in part, to sudden or progressive change in the environment that adversely affects the individual's life or living conditions. 6. Imposition of sanctions with respect to significant actions that exacerbate climate change (a) Sense of Congress It is the sense of Congress that the President should employ the authorities provided by this section to prioritize action against, and deterrence of, egregious behaviors that undermine efforts to limit the increase in global average temperature to 1.5 degrees Celsius above pre-industrial levels. (b) In general The President may impose one or more of the sanctions described in subsection (c) with respect to any foreign person the President determines, based on credible information— (1) to be responsible for or complicit in, or to have directly or indirectly engaged in, a covered activity, including a government official who approves or implements policies or acts that serve to promote a covered activity; (2) to have acted or purported to act for or on behalf of, directly or indirectly, any foreign person in a matter relating to a covered activity, including for or on behalf of a government official described in paragraph (1); (3) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a covered activity; or (4) to be owned or controlled by a foreign person described in paragraph (1). (c) Sanctions described The sanctions that may be imposed with respect to a foreign person under subsection (b) are the following: (1) Inadmissibility to united states In the case of a foreign person who is an individual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. (2) Blocking of property (A) In general The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this paragraph. (3) Other sanctions options Any of the sanctions described in section 235 of the Countering America's Adversaries Through Sanctions Act ( 22 U.S.C. 9529 ). (d) Consideration of certain information in imposing sanctions In determining whether to impose sanctions under subsection (b), the President shall consider— (1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor environmental harm or violations of human rights. (e) Requests by appropriate congressional committees (1) In general Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an action described in subsection (a), the President shall— (A) determine if that person has engaged in such an action; and (B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes— (i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (ii) if the President imposed or intends to impose sanctions, a description of those sanctions. (2) Requirements A request under paragraph (1) with respect to whether a foreign person has engaged in an action described in subsection (b) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees. (f) Exceptions (1) Intelligence and law enforcement activities Sanctions under this section shall not apply with respect to— (A) any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.); or (B) any authorized intelligence or law enforcement activities of the United States. (2) Compliance with united nations headquarters agreement This section shall not apply with respect to the admission of an individual to the United States if the admission of the individual is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international obligations of the United States. (3) Exception relating to importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under this section shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (h) Report required Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Energy, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, shall submit to the appropriate congressional committees a report that includes a list of each activity in a foreign country that— (1) is initiated or negotiated in the year preceding submission of the report; and (2) the Secretary determines is a covered activity, regardless of whether sanctions have been imposed with respect to the activity. (i) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Environment and Public Works and the Committee on Foreign Relations of the Senate; and (B) the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives. (2) Carbon sink The term carbon sink means a feature or process that absorbs more carbon from the atmosphere than it releases. (3) Covered activity The term covered activity means any activity in a foreign country that, on or after the date of the enactment of this Act— (A) causes, or is likely to cause, significant excess greenhouse gas emissions associated with electrical power generation, including— (i) construction, importation, or exportation of subcritical coal-fired power plants; or (ii) any action that significantly undermines, as a result of timing or magnitude, adoption in the country of high-efficiency, low-carbon, or renewable energy technology or infrastructure; (B) causes, or is likely to cause, significant or illegal deforestation or loss of natural carbon sinks, including— (i) establishment of incentives for, or promotion of, systematic deforestation; (ii) engagement in, or failure to combat, illegal logging, mining, or ranching; or (iii) unjust actions that limit or circumvent opposition to deforestation by individuals seeking to protect the environment, public health, or community land rights; or (C) knowingly misrepresents the environmental impact of a project, investment, or product, including misrepresenting the amount of greenhouse gas emissions associated with the project, investment, or product, in the context of— (i) assessments conducted by multilateral organizations, national governments, or investors; or (ii) public efforts to gain market advantage based on purported environmental advantages of a product. (4) Deforestation The term deforestation means a loss of natural forest resulting from the whole or partial conversion of natural forest to— (A) agriculture or another non-forest land use; or (B) a tree plantation. (5) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) Foreign person The term foreign person means a person that is not a United States person. (7) Subcritical coal-fired power plant The term subcritical coal-fired power plant means a coal-fired power plant with carbon intensity equal to or greater than 880 kilograms of carbon dioxide per megawatt-hour. (8) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 7. Additional resources for the Office of Foreign Assets Control There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to support the targeting by the Office of Foreign Assets Control of persons under this Act and to enhance the ability of that Office to target persons for the imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note).
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117-s-1406
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II 117th CONGRESS 1st Session S. 1406 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself, Mr. Blumenthal , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to conduct research regarding and require the use of driver monitoring systems to minimize or eliminate motor vehicle driver distraction.
1. Short title This Act may be cited as the Stay Aware For Everyone Act of 2021 or the SAFE Act of 2021 . 2. Research regarding reduction or elimination of driver distraction (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall conduct research regarding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate— (1) driver distraction; (2) driver disengagement; (3) automation complacency by drivers; and (4) foreseeable misuse of advanced driver-assist systems. (b) Report Not later than 180 days after the date of completion of the research under subsection (a), the Secretary of Transportation 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 detailed report describing the findings of the research. (c) Rulemaking (1) In general Not later than 4 years after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule to establish performance standards for driver monitoring systems and require those systems to be installed on all new passenger motor vehicles, subject to paragraphs (2) and (3). (2) Compliance date The compliance date of the performance standards and installation requirement prescribed under paragraph (1) shall be not later than 2 motor vehicle model years after the effective date of the final rule issued under that paragraph. (3) Privacy The rule issued under paragraph (1) shall incorporate appropriate privacy and data security safeguards, as determined by the Secretary of Transportation.
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https://www.govinfo.gov/content/pkg/BILLS-117s1406is/xml/BILLS-117s1406is.xml
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117-s-1407
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II 117th CONGRESS 1st Session S. 1407 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance the early warning reporting requirements for motor vehicle manufacturers, and for other purposes.
1. Short title This Act may be cited as the Early Warning Reporting System Improvement Act of 2021 . 2. Additional early warning reporting requirements (a) In general Section 30166(m) of title 49, United States Code, is amended— (1) in paragraph (3)— (A) in subparagraph (C)— (i) by striking The manufacturer and all that follows through shall report and inserting the following: (i) In general The manufacturer of a motor vehicle or motor vehicle equipment, including the manufacturer of an autonomous vehicle or an automated driving system, shall report ; and (ii) by adding at the end the following: (ii) Incidents with injuries or fatalities If an incident described in clause (i) involves a serious injury or fatality, the Secretary shall require the manufacturer to submit, as part of the incident report under clause (i)— (I) each initial claim or notice document that notified the manufacturer of the incident; (II) any police reports or other documents describing or reconstructing the incident; (III) any amendments or supplements to the documents described in subclause (I), except— (aa) medical documents and bills; and (bb) property damage invoices or estimates; and (IV) the assessment of the manufacturer of the circumstances that led to the incident, including the analysis of the manufacturer with respect to the claims or notices with respect to allegations of a defect. (iii) Reporting requirements Notwithstanding section 579.21 of title 49, Code of Federal Regulations (or a successor regulation), no report under this subsection shall be limited by model year. ; and (B) by adding at the end the following: (D) Settlements Notwithstanding any order entered in a civil action restricting the disclosure of information, a manufacturer of a motor vehicle or motor vehicle equipment shall comply with the requirements of this subsection and any regulation promulgated under this subsection. ; (2) in paragraph (4), by striking subparagraph (C) and inserting the following: (C) Disclosure (i) In general The information provided to the Secretary pursuant to this subsection— (I) shall be disclosed publicly unless— (aa) exempt from disclosure under section 552(b) of title 5, subject to clause (ii); or (bb) the information is subject to an order entered in a civil action restricting the disclosure of information; and (II) shall be entered into a public early warning reporting database established by the Secretary in a manner that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and type of potential defect. (ii) Inapplicability of confidentiality provisions In administering clause (i)(I), the Secretary shall not consider section 552(b)(4) of title 5 to prevent the public disclosure of— (I) production information regarding passenger motor vehicles; (II) information on incidents involving death or serious injury; (III) numbers of property damage claims; or (IV) aggregated numbers of consumer complaints. ; and (3) by adding at the end the following: (6) Use of early warning reports The Secretary shall consider information gathered under this section in proceedings described in sections 30118 and 30162. . (b) Regulations To promote the public availability of information provided to the Secretary of Transportation under subsection (m) of section 30166 of title 49, United States Code, and the utility of that information to inspection and investigation activities conducted by the Secretary under that section, not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section. (c) Nullification of early warning reporting class determination regulations On the effective date of the regulations promulgated under subsection (b), the regulations with respect to early warning reporting class determinations contained in appendix C of part 512 of title 49, Code of Federal Regulations (as in effect on that date), shall have no force or effect. 3. Improved National Highway Traffic Safety Administration vehicle safety databases (a) In general Not later than 2 years after the date of enactment of this Act, and after consultation with frequent users of publicly available databases of the Secretary of Transportation (referred to in this section as the Secretary ), the Secretary shall improve public accessibility to information on the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by revising the publicly accessible vehicle safety databases— (1) to improve organization and functionality, including design features such as drop-down menus; (2) to allow for data from all of the publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner— (A) consistent with the public interest; and (B) that facilitates easy use by consumers; (3) to provide greater consistency in presentation of vehicle safety issues; (4) to improve searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable each of the databases to be simultaneously searched using the same keyword search function; and (5) to ensure that each document, study, investigation, inspection, incident report, and other materials related to an incident that are created or obtained by the National Highway Traffic Safety Administration are made publicly available in a timely manner that is searchable in databases by— (A) manufacturer name, vehicle or equipment make and model name, and model year; (B) type of potential defect; (C) number of injuries or fatalities; and (D) any other element that the Secretary determines to be in the public interest. (b) Inspection and investigation information The Secretary shall— (1) provide public notice of each inspection or investigation activity conducted by the Secretary under section 30166 of title 49, United States Code; and (2) make each notice described in paragraph (1), each written response by a manufacturer to such a notice, and each notice of any enforcement action or other action taken as a result of an inspection or investigation described in that paragraph— (A) available to consumers on the Internet not later than 5 days after the notice is issued or the written response is received; and (B) searchable by manufacturer name, vehicle or equipment make and model name, model year, system or component, and the type of inspection or investigation being conducted.
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https://www.govinfo.gov/content/pkg/BILLS-117s1407is/xml/BILLS-117s1407is.xml
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117-s-1408
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II 117th CONGRESS 1st Session S. 1408 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself, Mr. Blumenthal , Mr. Portman , Mr. King , Mr. Wyden , Ms. Duckworth , Ms. Warren , Mrs. Feinstein , Mr. Hoeven , Mr. Cramer , Mr. Casey , Ms. Klobuchar , Ms. Collins , Mrs. Capito , Mrs. Murray , Mr. Murphy , Mrs. Shaheen , Mr. Rounds , Mr. Warner , Mr. Cotton , Mr. Scott of Florida , Ms. Cortez Masto , Mr. Thune , Mr. Van Hollen , Ms. Sinema , Mr. Cardin , Mr. Inhofe , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award the Congressional Gold Medal, collectively, to Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in recognition of their contributions to the Nation.
1. Findings Congress makes the following findings: (1) On September 11, 2012, the United States consulate, and its personnel in Benghazi, Libya, were attacked by militants. (2) Four Americans were killed in the attack, including Ambassador J. Christopher Stevens, Sean Smith, Glen Doherty, and Tyrone Woods. (3) Glen Doherty and Tyrone Woods were former Navy SEALs who served as security personnel in Libya. As the attack unfolded, they bravely attempted to defend American property and protect United States diplomatic personnel. In so doing, they selflessly sacrificed their own lives. (4) Glen Doherty was a Navy SEAL for 12 years and served in Iraq and Afghanistan. He attained the rank of Petty Officer First Class and earned the Navy and Marine Corps Commendation Medal. After leaving the Navy, Glen Doherty worked with the Department of State to protect American diplomats. (5) Tyrone Woods served for 20 years as a Navy SEAL including tours in Iraq and Afghanistan. In Iraq he led multiple raids and reconnaissance missions and earned the Bronze Star. After retiring from the Navy as a Senior Chief Petty Officer, Tyrone Woods worked with the Department of State to protect American diplomats. (6) J. Christopher Stevens served for 21 years in the U.S. Foreign Service. He was serving as U.S. Ambassador to Libya and previously served twice in the country, as both Special Representative to the Libyan Transitional National Council and as the Deputy Chief of Mission. Earlier in his life, he also served as a Peace Corps volunteer teaching English in Morocco. (7) Sean Smith served for 6 years in the U.S. Air Force. He attained the rank of Staff Sergeant and was awarded the Air Force Commendation Medal. After leaving the Air Force, Sean Smith served for 10 years in the State Department on various assignments, which took him to places such as Baghdad, Brussels, Pretoria, and The Hague. (8) As their careers attest, all four men served their country honorably. 2. Congressional Gold Medal (a) Award Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of the Congress, of a single gold medal of appropriate design collectively in commemoration of Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in recognition of their contributions to the Nation. (b) Design and Striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Central Intelligence Agency Museum (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Central Intelligence Agency Museum, where it will be displayed as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Central Intelligence Agency Museum should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith. 3. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 4. National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.
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https://www.govinfo.gov/content/pkg/BILLS-117s1408is/xml/BILLS-117s1408is.xml
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117-s-1409
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II 117th CONGRESS 1st Session S. 1409 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Grassley (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To designate any alien who is or has been engaged in economic espionage or the misappropriation of trade secrets inadmissible and deportable.
1. Short title This Act may be cited as the Stop Theft of Intellectual Property Act of 2021 . 2. Immigration consequences of trade secret theft and economic espionage (a) Inadmissibility Section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ) is amended— (1) in subparagraph (A)(i)— (A) by striking (I) to violate and inserting that violates ; and (B) by striking or (II) and all that follows and inserting a semicolon; and (2) by adding at the end the following: (H) Theft of sensitive information or trade secrets Any alien who a consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows, or has reasonable grounds to believe— (i) has engaged in, is engaging in, or is seeking admission to the United States to engage in any activity that— (I) violates or evades any law prohibiting the export from the United States of goods, technology, or sensitive information; or (II) violates any law of the United States relating to the theft or misappropriation of trade secrets or economic espionage; or (ii) has been convicted of conspiracy related to an activity described in clause (i), is inadmissible. . (b) Deportability Section 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4) ) is amended— (1) in subparagraph (A)(i), by striking or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, and inserting a semicolon; and (2) by adding at the end the following: (G) Theft of sensitive information or trade secrets Any alien who— (i) has engaged, is engaged, or at any time after admission engages in any activity that— (I) violates or evades any law prohibiting the export from the United States of goods, technology, or sensitive information; or (II) violates any law of the United States relating to the theft or misappropriation of trade secrets or economic espionage; or (ii) has been convicted of conspiracy related to an activity described in clause (i), is deportable. . 3. Annual report of inadmissible and deportable foreign nationals Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security, in cooperation with the Attorney General, shall submit a report to the Chair and Ranking Member of the Committee on the Judiciary of the Senate and of the Committee on the Judiciary of the House of Representatives that identifies— (1) the nationality and visa admission category of each of the foreign nationals who was determined, during the reporting period, to be inadmissible under section 212(a)(3)(H) of the Immigration and Nationality Act, as added by section 2(a), or deportable pursuant to section 237(a)(4)(G) of such Act, as added by section 2(b); and (2) the research institutions, United States private industries, United States Government agencies, and taxpayer-funded organizations with which such foreign nationals were associated.
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117-s-1410
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II 117th CONGRESS 1st Session S. 1410 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To codify the temporary scheduling order for fentanyl-related substances by adding fentanyl-related substances to schedule I of the Controlled Substances Act.
1. Short title This Act may be cited as the Protecting Americans from Fentanyl Trafficking Act of 2021 . 2. Placement of fentanyl-related substances in schedule I Schedule I of section 202(c) of the Controlled substances Act ( 21 U.S.C. 812(c) ) is amended by adding at the end the following: (e) (1) Fentanyl-related substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. (2) For purposes of paragraph (1), the term fentanyl-related substance means any substance that— (A) is not listed in another schedule; (B) has not been approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or granted an exemption for investigational use under subsection (i) of such section 505; and (C) is structurally related to fentanyl by— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; or (v) replacement of the N-propionyl group by another acyl group. .
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https://www.govinfo.gov/content/pkg/BILLS-117s1410is/xml/BILLS-117s1410is.xml
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117-s-1411
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II 117th CONGRESS 1st Session S. 1411 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Rosen (for herself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of certain Federal land to Lander County, Nevada, to designate certain wilderness areas in Lander County, Nevada, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Lander County Land Management and Conservation 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—Lander County land conveyances Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Conveyances to Lander County, Nevada. TITLE II—Lander County wilderness areas Sec. 201. Definitions. Sec. 202. Designation of wilderness areas. Sec. 203. Administration. Sec. 204. Wildlife management. Sec. 205. Release of wilderness study areas. Sec. 206. Native American cultural and religious uses. 2. Definitions In this Act: (1) County The term County means Lander County, Nevada. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means the State of Nevada. I Lander County land conveyances 101. Findings Congress finds that— (1) wildland fires pose a threat to public and private natural resources in the County; (2) expanding and improving the airports in the County through the inclusion of available adjacent land would support firefighting capabilities in the County; (3) the protection, development, and use of water resources in the County play a key role in major economic activities for the County, including— (A) commercial development; (B) mining; (C) agriculture; (D) tourism; (E) recreational activity; and (F) conservation; and (4) recreational and public park opportunities in the County could be substantially enhanced through expansion of the park system in the County. 102. Definitions In this title: (1) Map The term Map means the map entitled Lander County Selected Lands and dated August 4, 2020. (2) Secretary concerned The term Secretary concerned means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land. 103. Conveyances to Lander County, Nevada (a) Conveyance for watershed protection, recreation, and parks Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), not later than 60 days after the date on which the County identifies the parcels of Federal land selected by the County for conveyance to the County from among the parcels identified on the Map as Lander County Parcels BLM and USFS , the Secretary concerned shall convey to the County, subject to valid existing rights and for no consideration, all right, title, and interest of the United States in and to the identified parcels of Federal land (including mineral rights) for use by the County for watershed protection, recreation, and parks. (b) Conveyance for airport facility (1) In general Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), the Secretary shall convey to the County, subject to valid existing rights, including mineral rights, all right, title, and interest of the United States in and to the parcels of Federal land identified on the Map as Kingston Airport for the purpose of improving the relevant airport facility and related infrastructure. (2) Costs The only costs for the conveyance to be paid by the County under paragraph (1) shall be the survey costs relating to the conveyance. (c) Survey The exact acreage and legal description of any parcel of Federal land to be conveyed under subsection (a) or (b) shall be determined by a survey satisfactory to the Secretary concerned and the County. (d) Reversionary clause required A conveyance of Federal land under subsection (a) or (b) shall include a reversionary clause to ensure that management of the Federal land conveyed under the applicable subsection shall revert to the Secretary concerned if the Federal land is no longer being managed in accordance with the applicable subsection. (e) Map, acreage estimates, and legal descriptions (1) Minor errors The Secretary concerned and the County may, by mutual agreement— (A) make minor boundary adjustments to the parcels of Federal land to be conveyed under subsection (a) or (b); and (B) correct any minor errors in— (i) the Map; or (ii) an acreage estimate or legal description of any parcel of Federal land conveyed under subsection (a) or (b). (2) Conflict If there is a conflict between the Map, an acreage estimate, or a legal description of Federal land conveyed under subsection (a) or (b), the Map shall control unless the Secretary concerned and the County mutually agree otherwise. (3) Availability The Secretary shall make the Map available for public inspection in— (A) the Office of the Nevada State Director of the Bureau of Land Management; and (B) the Bureau of Land Management Battle Mountain Field Office. II Lander County wilderness areas 201. Definitions In this title: (1) Map The term Map means the map entitled Lander County Wilderness Areas Proposal and dated April 19, 2021. (2) Wilderness area The term wilderness area means a wilderness area designated by section 202(a). 202. Designation of wilderness areas (a) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System: (1) Cain mountain wilderness Certain Federal land managed by the Director of the Bureau of Land Management, comprising approximately 6,386 acres, as generally depicted as Cain Mountain Wilderness on the Map, which shall be known as the Cain Mountain Wilderness . (2) Desatoya mountains wilderness Certain Federal land managed by the Director of the Bureau of Land Management, comprising approximately 7,766 acres, as generally depicted as Desatoya Mountains Wilderness on the Map, which shall be known as the Desatoya Mountains Wilderness . (b) Boundary The boundary of any portion of a wilderness area that is bordered by a road shall be 100 feet from the centerline of the road. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file with, and make available for inspection in, the appropriate offices of the Bureau of Land Management, a map and legal description of each wilderness area. (2) Effect Each map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description. (d) Withdrawal Subject to valid existing rights, the wilderness areas are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 203. Administration (a) Management Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that with respect to the wilderness areas— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (c) Incorporation of acquired land and interests Any land or interest in land within the boundary of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of, the wilderness area. (d) Adjacent management (1) In general Congress does not intend for the designation of the wilderness areas to create protective perimeters or buffer zones around the wilderness areas. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. (e) Military overflights Nothing in this title restricts or precludes— (1) low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas; (2) flight testing or evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas. (f) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take such measures in the wilderness areas as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (g) Climatological data collection In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological data collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. (h) Water rights (1) Findings Congress finds that— (A) the wilderness areas are located— (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the wilderness areas are generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the wilderness areas, it is possible to provide for proper management and protection of the wilderness and other values of the land in ways different from the methods used in other laws. (2) Purpose The purpose of this subsection is to protect the wilderness values of the wilderness areas by means other than a federally reserved water right. (3) Statutory construction (A) No reservation Nothing in this title constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas. (B) State rights Nothing in this title affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act. (C) No precedent Nothing in this title establishes a precedent with regard to any future wilderness designations. (D) No effect on other designations Nothing in this title affects the interpretation of, or any designation made under, any other Act. (E) No effect on compacts Nothing in this title limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas. (5) New projects (A) Definition of water resource facility (i) In general In this paragraph, the term water resource facility means— (I) an irrigation or pumping facility; (II) a reservoir; (III) a water conservation works; (IV) an aqueduct, canal, ditch, pipeline, well, hydropower project, or transmission or other ancillary facility; and (V) any other water diversion, conservation, storage, or carriage structure. (ii) Exclusion In this paragraph, the term water resource facility does not include wildlife guzzlers. (B) No licenses or permits Except as otherwise provided in this title, on and after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness areas. 204. Wildlife management (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping in the wilderness areas. (b) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the wilderness areas that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out— (1) consistent with relevant wilderness management plans; and (2) in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including noxious weed treatment and the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing activities In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies such as those set forth in Appendix B of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), the State may continue to use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations. (d) Wildlife water development projects Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas if— (1) the structures and facilities would, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (e) Hunting, fishing, and trapping (1) In general The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas. (2) Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1). (f) Cooperative agreement (1) In general The State, including a designee of the State, may conduct wildlife management activities in the wilderness areas— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) References; clark county For the purposes of this subsection, any references to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the County. 205. Release of wilderness study areas (a) Finding Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), the following public land has been adequately studied for wilderness designation: (1) The approximately 10,777 acres of the Augusta Mountain Wilderness Study Area within the County that has not been designated as wilderness by section 202(a). (2) The approximately 1,088 acres of the Desatoya Wilderness Study Area within the County that has not been designated as wilderness by section 202(a). (b) Release The public land described in subsection (a)— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (2) shall be managed in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ). 206. Native American cultural and religious uses (a) In general Nothing in this title alters or diminishes the treaty rights of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (b) Cultural uses Nothing in this title precludes the traditional collection of pine nuts in a wilderness area for personal, noncommercial use consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq.).
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https://www.govinfo.gov/content/pkg/BILLS-117s1411is/xml/BILLS-117s1411is.xml
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117-s-1412
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II 117th CONGRESS 1st Session S. 1412 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Rosen (for herself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of certain Federal land in Carson City, Nevada, and for other purposes.
1. Short title This Act may be cited as the Carson City Public Land Correction Act . 2. Definitions In this Act: (1) Account The term Account means the Carson City Special Account established by section 2601(e)(1)(B) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1113). (2) Carson City Federal Land Collaboration Committee The term Carson City Federal Land Collaboration Committee means a committee composed of— (A) the city manager of the City; (B) a designee of the city manager of the City; and (C) not more than 3 members appointed by the Carson City Board of Supervisors to represent areas of City government, including— (i) the parks, recreation, and open space department of the City; (ii) the community development department of the City; and (iii) the property management department of the City. (3) City The term City means Carson City, Nevada. (4) Covered land sale The term covered land sale means— (A) a sale or disposal of land under section 3, 4, 5, or 6; and (B) a sale of land under subparagraph (E) of section 2601(b)(4) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1110) (as amended by section 8(a)). (5) Map The term Map means the map entitled Carson City OPLMA Lands 2021 and dated April 26, 2021. (6) Secretary The term Secretary means the Secretary of the Interior. 3. Conveyance to Carson City, Nevada (a) In general Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States in and to the Federal land described in subsection (b). (b) Description of Federal land The Federal land referred to in subsection (a) is the approximately 258 acres of Federal land depicted as Lands to Acquire on the Map. (c) Costs Any costs relating to the conveyance under subsection (a) (including costs of surveys and administrative costs)— (1) shall be paid by the City; and (2) are eligible for reimbursement from the Account. (d) Sale of land to third parties If the City subsequently sells all or a portion of the Federal land conveyed to the City under subsection (a)— (1) the sale shall be for fair market value; and (2) the proceeds from the sale shall be deposited in the Account. 4. Carson City street connector conveyance (a) In general The Secretary of Agriculture shall convey to the City, without consideration, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for the expansion of a roadway in the City. (b) Description of Federal land The parcel of Federal land referred to in subsection (a) is the approximately 0.45 acres of Forest Service land depicted as Proposed Land Transfer on the map entitled Carson City OPLMA Lands and dated April 28, 2020. (c) Costs Any costs relating to the conveyance under subsection (a) (including any costs for surveys and other administrative costs) shall be paid by the City. (d) Reversion If the Federal land conveyed to the City under subsection (a) is used in a manner that is inconsistent with the use authorized under that subsection, the Federal land shall, at the discretion of the Secretary of Agriculture, revert to the United States. 5. Disposal of Federal land (a) Disposal Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), the Secretary shall dispose of the land described in subsection (b). (b) Description of land The land referred to in subsection (a) is the approximately 28 acres of Federal land depicted as Prison Hills Property on the Map. (c) Costs Any costs relating to the disposal of Federal land under subsection (a) (including costs of surveys and administrative costs) shall be paid by the person who enters into the disposal agreement with the Secretary for the land described in subsection (b). (d) Conditions On disposal of the land under subsection (a), the City shall retain— (1) a public access and utility easement concurrent with Koontz Lane and Conti Drive in the City, which provides waterlines and access to the water tank and trailhead immediately east of the parcels of Federal land described in subsection (b); and (2) an existing drainage easement for a future detention basin located on APN 010–152–06 depicted as Lands for BLM Disposal on the Map. 6. Transfer of land to the United States (a) Conveyance If the City offers to convey to the Secretary all right and title of the City in and to the land described in subsection (b), not later than 180 days after the date of the offer, the Secretary shall accept the offer. (b) Description of land The land referred to in subsection (a) is the approximately 21 acres of land depicted as Bennett Ave Properties and Pinion Hills Dr Property on the Map. (c) Disposal by Secretary of the Interior Subject to valid existing rights and notwithstanding the land use planning requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), the Secretary shall dispose of the land conveyed to the Secretary under subsection (a). (d) Costs (1) Costs related to conveyance Any costs relating to the conveyance under subsection (a) (including costs of surveys and administrative costs)— (A) shall be paid by the City; and (B) are eligible for reimbursement from the Account. (2) Costs related to disposal Any costs relating to the disposal under subsection (c) (including costs of surveys and administrative costs) shall be paid by the person entering into the disposal agreement with the Secretary for the land conveyed under subsection (a). (e) Conditions On disposal of the land under subsection (c), the City shall retain— (1) access and a public utility easement on APN 010–252–02 for operation and maintenance of a municipal well; and (2) a public right-of-way for Bennett Avenue in the City. 7. Disposition of proceeds (a) Disposition of proceeds The proceeds from a covered land sale shall be deposited in the Account. (b) Use Amounts deposited in the Account under subsection (a) shall be available to the Secretary or the Secretary of Agriculture, as applicable, in collaboration with and on approval in writing by, the Carson City Federal Land Collaboration Committee, for— (1) the reimbursement of costs incurred by the Secretary or the Secretary of Agriculture, as applicable, in preparing for a covered land sale, including— (A) the costs of surveys and appraisals; and (B) the costs of compliance with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (ii) sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713); and (2) with respect to land acquired by the City under a covered land sale, the reimbursement of costs incurred by the City for— (A) the conduct of wildlife habitat conservation and restoration projects, including projects that benefit the greater sage-grouse; (B) the development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction and wildfire prevention and restoration projects; (C) the acquisition of environmentally sensitive land or an interest in environmentally sensitive land; (D) wilderness protection and processing wilderness designations, including the costs of appropriate fencing, signage, public education, and enforcement for wilderness areas; (E) capital improvements administered by the Bureau of Land Management and the Forest Service; and (F) educational purposes of the City. (c) Investment of account Amounts deposited in the Account under subsection (a)— (1) shall earn interest in an amount determined by the Secretary of the Treasury, based on the current average market yield on outstanding marketable obligations of the United States of comparable maturities; and (2) may be expended by the Secretary or the Secretary of Agriculture, as applicable, in accordance with this section and in collaboration with and on approval in writing by, the Carson City Federal Land Collaboration Committee. (d) Management of account The management and procedures of the Account shall be determined by an intergovernmental agreement between the City and the Carson City Office of the Bureau of Land Management. 8. Amendments to the Omnibus Public Land Management Act of 2009 (a) Amendment to reversionary interests Section 2601(b)(4) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1111) is amended by inserting after subparagraph (D), the following: (E) Sale or lease of land to third parties (i) In general The City may enter into an agreement to sell, lease, or otherwise convey all or a portion of the land described in paragraph (2)(B)(iv) to third parties for public purposes. (ii) Condition A sale of land under clause (i) shall be for not less than fair market value. . (b) Postponement; exclusion from sale Section 2601(d) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1112) is amended by striking paragraph (6) and inserting the following: (6) Deadline for sale Not later than 1 year after the date of enactment of the Carson City Public Land Correction Act , if there is a qualified bidder for the land described in subparagraphs (A) and (B) of paragraph (2), the Secretary of the Interior shall offer the land for sale to the qualified bidder. .
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https://www.govinfo.gov/content/pkg/BILLS-117s1412is/xml/BILLS-117s1412is.xml
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117-s-1413
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II 117th CONGRESS 1st Session S. 1413 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to issue a final rule revising motor vehicle seat back safety standards.
1. Short title This Act may be cited as the Modernizing Seat Back Safety Act . 2. Motor vehicle seat back safety standards (a) Findings; purposes (1) Findings Congress finds that— (A) crashes involving seat structural failures in passenger motor vehicles pose a significant public health and safety threat, particularly to children occupying rear seats; (B) thousands of preventable fatalities and life-threatening injuries have occurred as a result of motor vehicle seat failures; (C) the National Highway Traffic Safety Administration has neglected to improve the motor vehicle seat integrity standard for more than 50 years, to the detriment of passenger motor vehicle safety; and (D) this Act is introduced in honor and memory of the victims of motor vehicle seat failures in crashes, including those whose precious lives were cut far too short as a result of seat failures and those whose catastrophic injuries dramatically changed their lives, including Taylor Grace Warner, Jayden-Faith Fraser, Emily Reavis, Owen Reavis, Teddy Schwab, Jaklin Romine, Russell Selkirk, Travis Oldhouser, Thomas Comella, Geneva Massie, Crystal Collins, Mary Portis, Dzemila Heco, Aaliyah George, Heikki Helava, and Clyde M. Sneed. (2) Purposes The purposes of this Act are— (A) to reduce the number of preventable deaths and injuries caused by motor vehicle seat failures; and (B) to improve passenger motor vehicle safety. (b) Final rule Not later than 2 years after the date of enactment of this Act, subject to subsection (c), the Secretary of Transportation shall issue a final rule updating section 571.207 of title 49, Code of Federal Regulations, to reduce the potential for injury to all motor vehicle occupants due to seat back failure during all types of vehicle impact. (c) Compliance date In issuing the final rule pursuant to subsection (b), the Secretary of Transportation shall establish a date for required compliance with the final rule of not later than 2 motor vehicle model years after the model year during which the effective date of the final rule occurs.
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https://www.govinfo.gov/content/pkg/BILLS-117s1413is/xml/BILLS-117s1413is.xml
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