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117-s-2114
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II 117th CONGRESS 1st Session S. 2114 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Kelly (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To expand the definition of qualified persons for purposes of the Public Readiness and Emergency Preparedness Act to include health professional students.
1. Short title This Act may be cited as the Student Assisted Vaccination Effort Act or the SAVE Act . 2. Qualified persons Section 319F–3(i)(8) of the Public Health Service Act (42 U.S.C. 247d–6d(i)(8)) is amended— (1) in subparagraph (A), by striking ; or and inserting a semicolon; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) a medical, nursing, pharmacy, pharmacy intern, midwife, paramedic, advanced or intermediate emergency medical technician, physician assistant, respiratory therapy, dental, podiatry, optometry or veterinary student with— (i) appropriate training in administering vaccines, as determined by the student's school or training program; and (ii) supervision by an individual described in subparagraph (A); or .
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https://www.govinfo.gov/content/pkg/BILLS-117s2114is/xml/BILLS-117s2114is.xml
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117-s-2115
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II 117th CONGRESS 1st Session S. 2115 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mrs. Shaheen (for herself, Ms. Collins , Mrs. Murray , Mr. Whitehouse , Ms. Cantwell , Ms. Baldwin , Mr. Markey , and Ms. Cortez Masto ) 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 prohibit the exclusion of individuals from service on a Federal jury on account of sexual orientation or gender identity.
1. Short title This Act may be cited as the Jury Access for Capable Citizens and Equality in Service Selection Act of 2021 or the Jury ACCESS Act of 2021 . 2. Exclusion from Federal juries on account of sexual orientation or gender identity prohibited Section 1862 of title 28, United States Code, is amended by inserting sexual orientation, gender identity, after sex, .
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https://www.govinfo.gov/content/pkg/BILLS-117s2115is/xml/BILLS-117s2115is.xml
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117-s-2116
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II 117th CONGRESS 1st Session S. 2116 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mrs. Gillibrand (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prevent mail, telemarketing, and internet fraud targeting seniors in the United States, to promote efforts to increase public awareness of the enormous impact that mail, telemarketing, and internet fraud have on seniors, to educate the public, seniors, their families, and their caregivers about how to identify and combat fraudulent activity, and for other purposes.
1. Short title This Act may be cited as the Senior Financial Empowerment Act of 2021 . 2. Findings Congress makes the following findings: (1) The proportion of the population of the United States that is 60 years of age or older will drastically increase in the next 30 years as more than 76,000,000 baby boomers approach retirement and old age. (2) Each year, anywhere between 500,000 and 5,000,000 seniors in the United States are abused, neglected, or exploited. (3) Senior abuse, neglect, and exploitation have no boundaries and cross all racial, social class, gender, and geographic lines. (4) Millions of individuals in the United States are victims of financial exploitation, including mail, telemarketing, and internet fraud, each year, and many of the individuals who fall prey to these crimes are seniors. (5) It is difficult to estimate the prevalence of fraud targeting seniors because cases are severely underreported and national statistics on senior fraud do not exist. (6) The Federal Bureau of Investigation notes that a senior may be less likely to report fraud because the senior— (A) does not know to whom to report the fraud; (B) is ashamed to have been a victim of fraud; (C) does not know that the senior has been a victim of fraud; or (D) in some cases, is concerned that relatives may come to the conclusion that the senior no longer has the mental capacity to take care of the financial affairs of the senior. (7) According to a 2011 report by the MetLife Mature Market Institute, the annual financial loss by victims of senior financial abuse is estimated to be at least $2,900,000,000. (8) As victims of senior financial abuse, many seniors have been robbed of their hard-earned life savings, and even their homes, and can suffer severe emotional and health-related consequences. (9) Perpetrators of fraud targeting seniors often operate outside the United States, reaching their victims through the mail, telephone lines, and the internet. (10) The Deceptive Mail Prevention and Enforcement Act ( Public Law 106–168 ; 113 Stat. 1806) increased the power of the United States Postal Service to protect consumers against persons who use deceptive mailings, such as those featuring games of chance, sweepstakes, skill contests, and facsimile checks. (11) During fiscal year 2007, analysts prepared more than 27,000 letters and informative postcards in response to mail fraud complaints. During that same fiscal year, postal inspectors investigated 2,909 mail fraud cases in the United States and arrested 1,236 mail fraud suspects, of whom 1,118 were convicted. Postal inspectors also reported 162 telemarketing fraud investigations with 83 arrests and 61 convictions resulting from the investigations. (12) In 2000, the Special Committee on Aging of the Senate reported that, each year, consumers lose approximately $40,000,000,000 to telemarketing fraud and estimated that approximately 10 percent of the 14,000 telemarketing firms in the United States were fraudulent. (13) Some researchers estimate that only 1 in 10,000 fraud victims reports the crime to the authorities. (14) A 2003 report by AARP, Inc., found that the crime of telemarketing fraud is grossly underreported among senior victims, but that individuals who are properly counseled by trained peer volunteers are less likely to fall victim to fraudulent practices. (15) The Federal Bureau of Investigation reports that the threat of fraud to seniors is growing and changing. Many younger baby boomers have considerable computer skills and criminals are modifying their targeting techniques by using not only traditional telephone calls and mass mailings, but also online scams like phishing and e-mail spamming. (16) The Internet Crime Complaint Center is a partnership between the National White Collar Crime Center and the Federal Bureau of Investigation that serves as a vehicle to receive, develop, and refer criminal complaints regarding cybercrime. The Internet Crime Complaint Center processed more than 219,553 complaints of internet crime in 2007 and, from these submissions, the center referred 90,008 complaints of internet crime, representing a total dollar loss of $239,090,000, to Federal, State, and local law enforcement agencies in the United States for further consideration. (17) Consumer awareness is the best protection from fraud. 3. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Senior citizen The term senior citizen means an individual who is not younger than 65 years of age. 4. Information and consumer education on mail, telemarketing, and internet fraud targeting senior citizens (a) Centralized service (1) Dissemination of information The Commission, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, the Chief Postal Inspector for the United States Postal Inspection Service, and the Internet Crime Complaint Center, shall— (A) disseminate to senior citizens and the families and caregivers of the senior citizens information— (i) regarding mail, telemarketing, and internet fraud that targets senior citizens, including descriptions of the most common fraud schemes; and (ii) which shall be— (I) disseminated in a way that is easily accessible and user-friendly to senior citizens; and (II) proactive so as to teach senior citizens about scam and fraud prevention through safe and smart financial practices; and (B) with respect to the information described in subparagraph (A)(ii)(II)— (i) update the information regularly to keep pace with the changing nature of criminal activity; and (ii) include— (I) instructions on how to refer a complaint to the appropriate law enforcement agency; and (II) a national toll-free telephone number, to be established by the Commission, which shall— (aa) have a live individual, rather than an automated service, available to answer calls from senior citizens who are calling— (AA) to seek advice on where and how to report instances of fraud; or (BB) to ask questions about issues relating to scams or fraud of senior citizens; and (bb) be similar to the Fraud Hotline established by the Special Committee on Aging of the Senate. (2) Sharing of information The Commission shall— (A) maintain an internet website that serves as a source of information for senior citizens and the families and caregivers of senior citizens regarding the types of fraud described in paragraph (1)(A)(i); (B) work with State law enforcement agencies to create a national database that tracks instances of fraud committed against senior citizens; and (C) in response to a specific request about a particular person, provide publically available information on any record of a civil or criminal law enforcement action taken against the person for fraud that targeted senior citizens. (b) Implementation Not later than 1 year after the date of the enactment of this Act, the Commission shall establish and implement procedures to carry out the requirements of this section. 5. Education to certain entities regarding financial exploitation of senior citizens (a) In general The Commission shall, in consultation with the appropriate Federal financial institutions (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(e)(7)(D) )), regulatory agencies, State agencies, and local agencies, convene and provide education to the entities described in subsection (b) regarding the legal obligations of those entities and industry best practices for those entities with respect to financial exploitation and neglect of senior citizens. (b) Covered entities An entity described in this subsection is— (1) a depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) )); (2) a credit office; (3) a remittance transfer provider (as defined in section 920(g) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–1(g) )); (4) a person who distributes general-use prepaid cards (as defined in section 915(a)(2) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693l–1(a)(2) )); and (5) any individual who— (A) is employed by a financial institution; (B) has access to the financial records of senior citizens; and (C) may be able to identify instances of elder financial abuse because of discrepancies in those financial records. (c) Required training A State agency may not receive Federal funds under this Act unless the agency ensures that the entities described in subsection (b) in that State receive appropriate training that improves— (1) the ability of the entities to recognize evidence of financial exploitation and neglect of senior citizens; and (2) the understanding of the entities of the reporting requirements in that State with respect to financial exploitation and neglect of senior citizens. (d) Implementation Not later than 1 year after the date of the enactment of this Act, the Commission shall establish and implement procedures to carry out the requirements of this section. 6. Grant program to prevent mail, telemarketing, and internet fraud and for scientific research on senior citizens’ increased vulnerability to scams (a) Grant program (1) Authorization The Attorney General may award grants, on a competitive basis, to eligible entities to carry out fraud prevention activities designed to protect senior citizens. (2) Eligible entities For purposes of the grant program, an eligible entity is any State attorney general, State or local law enforcement agency, senior center, or other State or local nonprofit organization that provides assistance to senior citizens. (3) Priority In awarding grants under this subsection, the Attorney General shall give priority to an eligible entity that has established a public-private partnership with a computer or software company that is focused on developing tools to enhance internet scam prevention. (4) Authorization of appropriations There are authorized to be appropriated to the Attorney General to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026. (b) Research (1) In general The Director of the National Institutes of Health shall conduct scientific research related to the increased vulnerability of senior citizens to scams and fraud due to age-related health and neurological conditions. (2) Availability of funds No additional amounts are authorized to be appropriated to carry out this subsection. Amounts to carry out this subsection shall be derived from amounts not specifically appropriated to carry out this subsection. 7. Sense of Congress on National Senior Fraud Awareness Week It is the sense of Congress that— (1) there is a need to increase awareness of fraud targeting senior citizens; (2) a week in March of each year should be designated as National Senior Fraud Awareness Week to coincide with the end of winter, which— (A) is commonly a period of increased isolation; and (B) precedes tax season; (3) the people of the United States should observe National Senior Fraud Awareness Week with relevant educational activities; and (4) the President should issue a proclamation supporting increased awareness of senior fraud.
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https://www.govinfo.gov/content/pkg/BILLS-117s2116is/xml/BILLS-117s2116is.xml
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117-s-2117
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II 117th CONGRESS 1st Session S. 2117 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Wyden (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote.
1. Short title This Act may be cited as the People Over Long Lines Act (POLL Act) . 2. Findings Congress makes the following findings: (1) The right to vote for all Americans is fundamental and rules for voting and election administration should protect the right to vote and promote voter participation. (2) It is the responsibility of the State and Federal governments to ensure that every eligible citizen is able to register to vote and to cast a ballot. (3) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation’s democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and erect barriers to voting for communities of color, which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans. (4) One way voting in communities of color has been suppressed is through long waits at polling locations. Studies have shown a number of contributing factors, including the drastic reduction of early voting days, poor allocation of resources to certain communities, cuts to election funding, and a reduction of polling locations. (5) A 2019 study led by economist Keith Chen of the University of California, Los Angeles, matched anonymous location data from 10,000,000 smartphones to 93,000 polling places to create the most extensive map to date of voter wait times across the United States. The results showed one very clear disparity: voters in predominantly Black neighborhoods waited 29 percent longer, on average, than those in White neighborhoods. They were also about 74 percent more likely to wait for more than half an hour. (6) Waiting in long lines discourages people from voting, undermines confidence in the electoral system, and imposes economic costs on voters. (7) Long lines are estimated to have deterred between 500,000 and 700,000 people from casting their ballot in 2012. (8) These problems led to the creation of the bipartisan Presidential Commission on Election Administration, which issued a 2014 report that set forth a standard: No citizen should have to wait more than 30 minutes to vote. . (9) Despite the work of the Presidential Commission on Election Administration, long lines continue, particularly in communities of color where racial discrimination in voting is a clear and persistent problem. (10) In the Arizona 2016 Presidential primary, in one Maricopa County polling place for mostly Latino voters, some waited for 4 hours or more in the 80-degree heat to cast their ballots. For the 2016 general election, 3 people collapsed while waiting to vote in an hours-long line in Georgia, and a line to vote in Cincinnati, Ohio was a half-mile long. (11) According to a nationwide study, in 2016, roughly 3 percent of people standing in line at voting locations left before they could vote as a result of long lines. (12) The disenfranchisement that long lines create for voters is not limited to that one election. Research suggests that for each hour would-be voters wait, their probability of voting in the next election drops by 1 percentage point. (13) Congress has the authority under article I, section 4 of the Constitution of the United States to enact laws governing the time, place, and manner of Federal elections. (14) Congress also has authority under section 2 of the 15th Amendment to enforce the right of citizens of the United States to vote, which shall not be denied or abridged by the United States, by legislation. 3. Preventing unreasonable voter waiting times (a) State plans required Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: 304. Unreasonable voter waiting times (a) State plans (1) In general Not later than 60 days before each election for Federal office, each State shall make public (including through the website of the State on which election information is normally published) and submit to the Commission a written plan which meets the public notice and comment requirements of paragraph (2) and describes the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 30 minutes at any polling place in the election. (2) Public notice comment requirement The public notice and comment requirements of this paragraph are met if— (A) not later than 30 days prior to the submission of the plan to the Commission, the State made a preliminary version of the plan available for public inspection and comment; (B) the State publishes notice that the preliminary version of the plan is so available; and (C) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was submitted to the Commission under paragraph (1). (b) Prohibition on unreasonable voter waiting times Each State shall ensure that no person voting in an election for Federal office shall wait for more than 30 minutes at any polling place for purposes of casting a vote in such election. (c) Remedial plans for states with excessive voter wait times (1) Review of voter wait times After each election for Federal office, the Commission shall review voter waiting times for each jurisdiction for which voting in such election took place and make publicly available a report on its findings. (2) State remedial plans (A) Remedial plans Notwithstanding section 209, each jurisdiction for which the Commission, after the review conducted under paragraph (1), determines that a substantial number of voters waited more than 60 minutes to cast a vote, or in which there were substantial violations of the standards established under section 299, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections for Federal office held in the State and to reduce the waiting time of voters. (B) Coordination with attorney general and states Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. (C) Termination A jurisdiction shall not be required to comply with a State remedial plan required under subparagraph (A) if the Commission determines that the voter waiting times were less than 60 minutes for 2 consecutive regularly scheduled general elections for Federal office. (3) Jurisdiction defined For purposes of this subsection, the term jurisdiction has the meaning given the term registrar's jurisdiction in section 8(j) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(j) ). (4) Standards Not later than 180 days after the date of the enactment of this section, the Commission shall establish standards for conducting the review under paragraph (1) and for establishing remedial plans under paragraph (2)(A). (5) Appropriations In addition to other amounts authorized to be appropriated to the Commission, there are authorized to be appropriated for each of the fiscal years 2022 through 2031, $5,000,000 for each such year for the Commission to carry out this subsection. (d) Emergency ballots (1) In general In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individual's right to use an emergency paper ballot, and upon request shall be provided with such an emergency paper ballot for the election and the supplies necessary to mark the ballot. (2) Ballot requirements Any emergency paper ballot provided under paragraph (1) shall— (A) include the names of each candidate for each Federal office for which voting occurs at such polling place; and (B) be available in each language for which other ballots provided at the polling place are available. (3) Disposition of ballot Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot. . (b) Private right of action Title IV of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 et seq. ) is amended by adding at the end the following new section: 403. Private right of action for unreasonable voter waiting time (a) In general In the case of a violation of section 304(b), section 402 shall not apply and any person who is aggrieved by such violation may commence a civil action in any appropriate district court of the United States for relief. (b) Relief In any civil action commenced under subsection (a): (1) In general If the court finds a violation of section 304(b), the court shall assess a civil penalty equal to the sum of— (A) $50; plus (B) an additional $50 for each additional hour the person waited at the polling place to cast a vote; plus (C) reasonable attorney fees, including litigation expenses, and costs. (2) Special rule If the court determines that the violation was due to an intentional action to suppress votes or was made with reckless disregard of the requirements of section 304— (A) paragraph (1)(A) shall be applied by substituting $650 for $50 ; and (B) paragraph (1(B) shall be applied by substituting $150 for $50 . . (c) Conforming amendment Section 202 of such Act ( 52 U.S.C. 20922 ) is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph: (5) carrying out the duties described in section 304(c); . (d) Clerical amendments The table of contents of the Help America Vote Act of 2002 is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, and by inserting after the item relating to section 303 the following new item: Sec. 304. Allocation of election resources. ; and (2) by inserting after the item relating to section 402 the following new item: Sec. 403. Private right of action for unreasonable voter waiting time. . (e) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 4. Minimum required voting systems, poll workers, and election resources (a) Minimum Requirements (1) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by adding at the end the following new subtitle: C Additional requirements 321. Minimum required voting systems and poll workers (a) In General Each State shall provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which such State allows early voting for a Federal election in accordance with the standards determined under section 299. (b) Voting Site For purposes of this section and section 299, the term voting site means a polling location, except that in the case of any polling location that serves more than 1 precinct, such term shall mean a precinct. (c) Effective date Each State shall be required to comply with the requirements of this section on and after January 1, 2022. . (2) Conforming amendment Section 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and subtitle C . (3) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Additional Requirements Sec. 321. Minimum required voting systems and poll workers. . (b) Standards (1) In general Title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 et seq. ) is amended by adding at the end the following new subtitle: E Guidance and standards 299. Standards for establishing the minimum required voting systems and poll workers (a) In General Not later than September 15, 2021, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall issue standards regarding the minimum number of voting systems, poll workers, and other election resources (including all other physical resources) required under section 321 on the day of any Federal election and on any days during which early voting is allowed for a Federal election. (b) Distribution (1) In general The standards described in subsection (a) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and shall take into account, among other factors, the following with respect to any voting site (as defined in section 321(b)): (A) The voting-age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by such voting site. (F) The educational levels and socio-economic factors of the population served by such voting site. (G) The needs and numbers of disabled voters and voters with limited English proficiency. (H) The type of voting systems used. (2) No factor dispositive The standards shall provide that any distribution of such systems shall take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. (3) Purpose To the extent possible, the standards shall provide for a distribution of voting systems, poll workers, and other election resources, with the goals of— (A) ensuring an equal waiting time for all voters in the State; and (B) preventing a waiting time of over 30 minutes at any polling place. (4) Special rule regarding electronic poll books Notwithstanding paragraphs (1), (2), and (3), in the case of any voting site that uses an electronic poll book, the standards described in subsection (a) shall require at least 1 paper poll book (containing identical information to the information in the electronic poll book) for each such electronic poll book used at such voting site. (c) Deviation The standards described in subsection (a) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack. . (2) Conforming amendment Section 202 of such Act ( 52 U.S.C. 20922 ), as amended by section 3(c), is amended— (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (4) the following new paragraph: (5) carrying out the duties described in subtitle E; . (3) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title II the following: Subtitle E—Guidance and Standards Sec. 299. Standards for establishing the minimum required voting systems and poll workers. . 5. Prohibition on campaign activities by chief State election administration officials (a) In General Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by inserting after section 319 the following new section: 319A. Campaign activities by chief State election administration officials (a) Prohibition It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. (b) Chief State election administration official The term chief State election administration official means the highest State official with responsibility for the administration of Federal elections under State law. (c) Active part in political management or in a political campaign The term active part in political management or in a political campaign means— (1) serving as a member of an authorized committee of a candidate for Federal office; (2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; (3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and (4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). (d) Exception in case of recusal from administration of elections involving election official or immediate family member (1) In general This section does not apply to a chief State election administration official with respect to an election for Federal office in which such official or an immediate family member of the official is a candidate, but only if— (A) such official recuses himself or herself from all of the official’s responsibilities for the administration of such election; and (B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. (2) Immediate family member defined In paragraph (1), the term immediate family member means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. . (b) Effective Date The amendments made by subsection (a) shall apply with respect to elections for Federal office held after January 1, 2022. 6. Payments to States to prevent unreasonable wait times and promote well-run elections (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following: VII Payments for preventing unreasonable voter wait times 297. Payments to States (a) In general The Commission shall make a payment to each eligible State. Such payments shall be made not later than 30 days after the date of enactment of this part. (b) Eligible State For purposes of this section, a State is an eligible State if such State has filed with the Commission a State plan covering the fiscal year in which the State describes how it intends to use the funds provided under this section. (c) Use of funds An eligible State shall use the payment received under this part to meet the requirements of section 304 and 321. (d) Amount of payment (1) In general The amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount The minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount The voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined The term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (e) Authorization of appropriations (1) In general There are authorized to be appropriated for payments under this section $500,000,000 for each fiscal year. (2) Availability Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 296 the following: Part VII—Payments for preventing unreasonable voter wait times Sec. 297. Payments to States. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2117is/xml/BILLS-117s2117is.xml
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117-s-2118
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II Calendar No. 78 117th CONGRESS 1st Session S. 2118 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Wyden (for himself, Ms. Stabenow , Mr. Menendez , Mr. Carper , Mr. Cardin , Mr. Brown , Mr. Bennet , Mr. Casey , Mr. Whitehouse , and Ms. Cortez Masto ) introduced the following bill; which was read the first time June 21, 2021 Read the second time and placed on the calendar A BILL To amend the Internal Revenue Code of 1986 to provide tax incentives for increased investment in clean energy, and for other purposes.
1. Short title; etc (a) Short title This Act may be cited as the Clean Energy for America Act . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; etc. TITLE I—Incentives for Clean Electricity Sec. 101. Clean electricity production credit. Sec. 102. Clean electricity investment credit. Sec. 103. Extensions, modifications, and terminations of various energy provisions. TITLE II—Incentives for Clean Transportation Sec. 201. Clean fuel production credit. Sec. 202. Transportation electrification. Sec. 203. Credit for production of clean hydrogen. Sec. 204. Temporary extensions of existing fuel incentives. TITLE III—Incentives for Energy Efficiency Sec. 301. Credit for new energy efficient residential buildings. Sec. 302. Energy efficient home improvement credit. Sec. 303. Enhancement of energy efficient commercial buildings deduction. Sec. 304. Enhancement of energy credit for geothermal heat pumps. TITLE IV—Termination of certain fossil fuel provisions Sec. 401. Termination of provisions relating to oil, gas, and other materials. Sec. 402. Modification of certain provisions relating to oil, gas, and other fossil fuels. TITLE V—Workforce development requirements Sec. 501. Use of qualified apprentices. TITLE VI—Miscellaneous Sec. 601. Adjustment of qualifying advanced energy project credit. Sec. 602. Issuance of exempt facility bonds for qualified carbon dioxide capture facilities. Sec. 603. Limitation on importation of certain energy equipment and components. Sec. 604. Elimination of negative effects on small businesses and certain individual taxpayers. I Incentives for Clean Electricity 101. Clean electricity production credit (a) In general Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 45U. Clean electricity production credit (a) Amount of credit For purposes of section 38, the clean electricity production credit for any taxable year is an amount equal to the product of— (1) subject to subsection (g)(7), 1.5 cents, multiplied by (2) the kilowatt hours of electricity— (A) produced by the taxpayer at a qualified facility, and (B) (i) sold by the taxpayer to an unrelated person during the taxable year, or (ii) in the case of a qualified facility which is equipped with a metering device which is owned and operated by an unrelated person, sold, consumed, or stored by the taxpayer during the taxable year. (b) Qualified facility (1) In general (A) Definition Subject to subparagraphs (B), (C), and (D), the term qualified facility means a facility owned by the taxpayer— (i) which is used for the generation of electricity, (ii) which is originally placed in service after December 31, 2022, (iii) for which the greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero, and (iv) in the case of any facility with a maximum net output equal to or greater than 1 megawatt, which— (I) subject to subparagraph (B) of paragraph (3), satisfies the requirements under subparagraph (A) of such paragraph, and (II) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act . (B) 10-year production credit For purposes of this section, a facility shall only be treated as a qualified facility during the 10-year period beginning on the date the facility was originally placed in service. (C) Expansion of facility; incremental production The term qualified facility shall include either of the following in connection with a facility described in subparagraph (A) (without regard to clause (ii) of such subparagraph) that was placed in service before January 1, 2023, but only to the extent of the increased amount of electricity produced at the facility by reason of the following: (i) A new unit placed in service after December 31, 2022. (ii) Any efficiency improvements or additions of capacity placed in service after December 31, 2022. (D) Coordination with other credits The term qualified facility shall not include any facility for which a credit determined under section 45, 45J, 45Q, 48, or 48D is allowed under section 38 for the taxable year or any prior taxable year. (2) Greenhouse gas emissions rate (A) In general For purposes of this section, the term greenhouse gas emissions rate means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity, expressed as grams of CO 2 e per KWh. (B) Fuel combustion and gasification In the case of a facility which produces electricity through combustion or gasification, the greenhouse gas emissions rate for such facility shall be equal to the net rate of greenhouse gases emitted into the atmosphere by such facility (taking into account lifecycle greenhouse gas emissions, as described in section 211(o)(1)(H) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(H) )) in the production of electricity, expressed as grams of CO 2 e per KWh. (C) Establishment of emissions rates for facilities (i) In general The Secretary and the Administrator of the Environmental Protection Agency shall establish greenhouse gas emissions rates for types or categories of facilities, which a taxpayer shall use for purposes of this section. (ii) Publishing emissions rates The Secretary shall annually publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of facilities. (iii) Provisional emissions rate (I) In general In the case of any facility for which an emissions rate has not been established by the Secretary and the Administrator of the Environmental Protection Agency, a taxpayer which owns such facility may file a petition with the Secretary and the Administrator of the Environmental Protection Agency for determination of the emissions rate with respect to such facility. (II) Establishment of provisional and final emissions rate In the case of a facility for which a petition described in subclause (I) has been filed, the Secretary and the Administrator of the Environmental Protection Agency shall— (aa) not later than 12 months after the date on which the petition was filed, provide a provisional emissions rate for such facility which a taxpayer shall use for purposes of this section, and (bb) not later than 24 months after the date on which the petition was filed, establish the emissions rate for such facility. (D) Carbon capture and sequestration equipment For purposes of this subsection, the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity shall not include any qualified carbon dioxide that is captured by the taxpayer and— (i) pursuant to any regulations established under paragraph (2) of section 45Q(f), disposed of by the taxpayer in secure geological storage, or (ii) utilized by the taxpayer in a manner described in paragraph (5) of such section. (3) Wage requirements (A) In general The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (i) the construction of such facility, or (ii) for any year during the period described in paragraph (1)(B), the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Failure to satisfy wage requirements (i) In general In the case of any taxpayer which fails to satisfy the requirement under subparagraph (A) with respect to any facility for any year during the period described in paragraph (1)(B), the amount of the credit which would (but for this subparagraph) be allowable under this section with respect to such facility for such year shall be reduced to zero. (ii) Correction and penalty Clause (i) shall not apply with respect to any failure by the taxpayer to satisfy the requirement under subparagraph (A) with respect to any facility for any year if, with respect to any laborer or mechanic who was paid wages at a rate below the rate described in such subparagraph for any period during such year, such taxpayer— (I) makes payment to such laborer or mechanic in an amount equal to the sum of— (aa) an amount equal to the difference between— (AA) the amount of wages paid to such laborer or mechanic during such period, and (BB) the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period, plus (bb) interest on the amount determined under item (aa) at the underpayment rate established under section 6621 for the period described in such item, and (II) makes payment to the Secretary of a penalty in an amount equal to the product of— (aa) $5,000, multiplied by (bb) the total number of laborers and mechanics who were paid wages at a rate below the rate described in subparagraph (A) for any period during such year. (c) Inflation adjustment (1) In general In the case of a calendar year beginning after 2021, the 1.5 cent amount in paragraph (1) of subsection (a) shall be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale or use of the electricity occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (2) Annual computation The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor for such calendar year in accordance with this subsection. (3) Inflation adjustment factor The term inflation adjustment factor means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term GDP implicit price deflator means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year. (d) Credit phase-Out (1) In general If the Secretary, the Secretary of Energy, and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the clean electricity production credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a facility the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a facility the construction of which begins during the second calendar year following such determination year, 75 percent, (C) for a facility the construction of which begins during the third calendar year following such determination year, 50 percent, and (D) for a facility the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (e) Definitions For purposes of this section: (1) CO 2 e per KWh The term CO 2 e per KWh means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on global warming potential) per kilowatt hour of electricity produced. (2) Greenhouse gas The term greenhouse gas has the same meaning given such term under section 211(o)(1)(G) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(G) ), as in effect on the date of the enactment of this section. (3) Qualified carbon dioxide The term qualified carbon dioxide means carbon dioxide captured from an industrial source which— (A) would otherwise be released into the atmosphere as industrial emission of greenhouse gas, (B) is measured at the source of capture and verified at the point of disposal or utilization, and (C) is captured and disposed or utilized within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)). (f) Final guidance Not later than January 1, 2023, the Secretary and the Administrator of the Environmental Protection Agency shall issue final guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section. (g) Special rules (1) Only production in the United States taken into account Consumption or sales shall be taken into account under this section only with respect to electricity the production of which is within— (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (2) Combined heat and power system property (A) In general For purposes of subsection (a)— (i) the kilowatt hours of electricity produced by a taxpayer at a qualified facility shall include any production in the form of useful thermal energy by any combined heat and power system property within such facility, and (ii) the amount of greenhouse gases emitted into the atmosphere by such facility in the production of such useful thermal energy shall be included for purposes of determining the greenhouse gas emissions rate for such facility. (B) Combined heat and power system property For purposes of this paragraph, the term combined heat and power system property has the same meaning given such term by section 48(c)(3) (without regard to subparagraphs (A)(iv), (B), and (D) thereof). (C) Conversion from BTU to KWh (i) In general For purposes of subparagraph (A)(i), the amount of kilowatt hours of electricity produced in the form of useful thermal energy shall be equal to the quotient of— (I) the total useful thermal energy produced by the combined heat and power system property within the qualified facility, divided by (II) the heat rate for such facility. (ii) Heat rate For purposes of this subparagraph, the term heat rate means the amount of energy used by the qualified facility to generate 1 kilowatt hour of electricity, expressed as British thermal units per net kilowatt hour generated. (3) Production attributable to the taxpayer In the case of a qualified facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. (4) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling electricity to an unrelated person if such electricity is sold to such a person by another member of such group. (5) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (6) Allocation of credit to patrons of agricultural cooperative (A) Election to allocate (i) In general In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. (ii) Form and effect of election An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). (B) Treatment of organizations and patrons The amount of the credit apportioned to any patrons under subparagraph (A)— (i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and (ii) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (C) Special rules for decrease in credits for taxable year If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of— (i) such reduction, over (ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter. (D) Eligible cooperative defined For purposes of this section, the term eligible cooperative means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers. (7) Increase in credit in certain cases (A) Nascent clean energy technology (i) In general In the case of any qualified facility which generates electricity using a nascent clean energy technology, for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility using such technology during the taxable year, the amount under paragraph (1) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph (without application of subparagraph (B) or (C)). (ii) Definition For purposes of this subparagraph, the term nascent clean energy technology means any technology or method used for the production of electricity which, in the calendar year preceding the calendar year in which construction of the qualified facility began, achieved a market penetration level of less than 3 percent. (iii) Market penetration level For purposes of this subparagraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of— (I) the amount (expressed as a percentage) equal to the quotient of— (aa) the sum of all electricity produced (expressed in terawatt hours) from the technology or method used for the production of electricity by all electricity generating facilities in the United States during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by (bb) the total domestic power sector electricity production (expressed in terawatt hours) for such calendar year, or (II) the amount determined under this clause for the preceding calendar year with respect to such technology or method. (B) Energy communities (i) In general In the case of any qualified facility which is located in an energy community, for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility during the taxable year, the amount under paragraph (1) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph (without application of subparagraph (A) or (C)). (ii) Energy community For purposes of this subparagraph, the term energy community means a census tract— (I) in which— (aa) for the calendar year in which construction of the qualified facility began— (AA) not less than 5 percent of the employment in such tract is within the oil and gas sector, or (BB) an industrial facility is located which is mandated to report emissions of greenhouse gases under the Greenhouse Gas Reporting Program established under part 98 of title 40, Code of Federal Regulations, (bb) after December 31, 1999, a coal mine has closed, or (cc) after December 31, 2009, a coal-fired electric generating unit has been retired, or (II) which is immediately adjacent to any census tract described in subclause (I). (C) Domestic content (i) In general In the case of any qualified facility which satisfies the requirement under clause (ii)(I), for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility during the taxable year, the amount under paragraph (1) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph (without application of subparagraph (A) or (B)). (ii) Requirement (I) In general Subject to clause (iii), the requirement described in this subclause with respect to any qualified facility is that, prior to the end of the taxable year in which such facility is placed in service, the taxpayer shall certify to the Secretary that, any steel, iron, or manufactured product used in the construction of such facility was produced in the United States. (II) Steel and iron In the case of steel or iron, subclause (I) shall be applied in a manner consistent with section 661.5(b) of title 49, Code of Federal Regulations. (III) Manufactured product For purposes of subclause (I), a manufactured product shall be deemed to have been manufactured in the United States if not less than 55 percent of the total cost of the components of such product is attributable to components which are mined, produced, or manufactured in the United States. (iii) International agreements This subparagraph shall be applied in a manner which is consistent with the obligations of the United States under international agreements. (8) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits Rules similar to the rules under section 45(b)(3) shall apply for purposes of this section. (h) Election for direct payment (1) In general The applicable percentage of the amount of any credit determined under subsection (a) with respect to any qualified facility for any taxable year during the period described in subsection (b)(1)(B) shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (2) Form and effect of election (A) In general An election under paragraph (1) shall be made prior to the date on which the qualified facility is placed in service and in such manner as the Secretary may prescribe. Such election, once made, shall— (i) be irrevocable with respect to such qualified facility for the period described in subsection (b)(1)(B), and (ii) for any taxable year during such period, reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such qualified facility for such taxable year to zero. (B) Additional information For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. (3) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under paragraph (1)— (A) such paragraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (B) (i) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero, and (ii) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero. (4) Certain entities treated as taxpayers In the case of an election under this subsection— (A) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), (B) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or (C) an Indian tribal government (as defined in section 139E(c)(1)), shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). (5) Excess payment (A) In general In the case of any payment made to a taxpayer under this subsection which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of— (i) the amount of the excessive payment, plus (ii) an amount equal to 20 percent of the excessive payment. (B) Reasonable cause Subparagraph (A)(ii) shall not apply if the taxpayer demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause. (C) Definition For purposes of this paragraph, the term excessive payment means, with respect to a qualified facility for any taxable year, an amount equal to the excess of— (i) the amount of the payment made to the taxpayer under this subsection with respect to such facility for such taxable year, over (ii) the amount of the credit which (without application of this subsection) is otherwise allowable under this section with respect to such facility for such taxable year. (6) Applicable percentage For purposes of paragraph (1)— (A) In general In the case of any qualified facility which satisfies the requirements under subsection (g)(7)(C)(ii) with respect to the construction of such facility, the applicable percentage shall be 100 percent. (B) Phased domestic content requirement Subject to subparagraph (C), in the case of any qualified facility which fails to satisfy the requirements under such subsection with respect to the construction of such facility, the applicable percentage shall be— (i) if construction of such facility began before January 1, 2024, 100 percent, (ii) if construction of such facility began in calendar year 2024, 90 percent, (iii) if construction of such facility began in calendar year 2025, 85 percent, and (iv) if construction of such facility began after December 31, 2025, 0 percent. (C) Exception If the Secretary determines that, for purposes of application of the requirements under subsection (g)(7)(C)(ii) with respect to the construction of the qualified facility— (i) their application would be inconsistent with the public interest, (ii) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (iii) inclusion of domestic material will increase the cost of the construction of the qualified facility by more than 25 percent, the applicable percentage shall be 100 percent. . (b) Conforming amendments (1) Section 38(b) is amended— (A) in paragraph (32), by striking plus at the end, (B) in paragraph (33), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (34) the clean electricity production credit determined under section 45U(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45U. Clean electricity production credit. . (c) Effective date The amendments made by this section shall apply to facilities placed in service after December 31, 2022. 102. Clean electricity investment credit (a) Business credit (1) In general Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48C the following new section: 48D. Clean electricity investment credit (a) Investment credit for qualified property (1) In general For purposes of section 46, the clean electricity investment credit for any taxable year is— (A) except as provided in subparagraph (B), an amount equal to 30 percent of the qualified investment for such taxable year with respect to— (i) any qualified facility, and (ii) any grid improvement property, and (B) in the case of a qualified facility which is a microgrid, an amount equal to the product of— (i) 30 percent of the qualified investment for such taxable year with respect to such microgrid, and (ii) the relative avoided emissions rate with respect to such microgrid (as determined under subsection (b)(3)(C)(iv)). (2) Increase in credit rate in certain cases (A) Disadvantaged and energy communities (i) In general In the case of— (I) any energy storage property or any qualified investment with respect to a qualified facility (with the exception of any such facility described in section 45U(b)(2)(B))— (aa) which is placed in service within a disadvantaged community or an energy community (as defined in section 45U(g)(7)(B)(ii)), and (bb) has a maximum net output of less than 5 megawatts, or (II) any qualified property which is not described in subclause (I) and is placed in service within an energy community, for purposes applying paragraph (1) with respect to such property or investment, the percentage under subparagraph (A) of such paragraph (or, in the case of a microgrid, subparagraph (B)(i) of such paragraph), shall be increased by 10 percentage points. (ii) Disadvantaged community For purposes of this subparagraph, the term disadvantaged community has the same meaning given the term low-income community in section 45D(e)(1), as applied by substituting 60 percent for 80 percent each place it appears in subparagraph (B) thereof. (B) Nascent clean energy technology In the case of any qualified facility which generates electricity using a nascent clean energy technology (as defined in section 45U(g)(7)(A)(ii)), for purposes applying paragraph (1) with respect to any qualified investment with respect to such facility, the percentage under subparagraph (A) of such paragraph (or, in the case of a microgrid, subparagraph (B)(i) of such paragraph), shall be increased by 10 percentage points. (C) Domestic content (i) In general In the case of any qualified investment with respect to a qualified facility or with respect to grid improvement property which satisfies the requirement under clause (ii)(I), for purposes of applying paragraph (1) with respect to such qualified investment, the percentage under subparagraph (A) of such paragraph (or, in the case of a qualified investment with respect to a microgrid, subparagraph (B)(i) of such paragraph), shall be increased by 10 percentage points. (ii) Requirements (I) In general The requirement described in this subclause with respect to any qualified investment with respect to a qualified facility or with respect to grid improvement property is satisfied if the taxpayer certifies to the Secretary that— (aa) in the case of a qualified investment with respect to a qualified facility, any property used at such facility is composed of steel, iron, or manufactured products which were produced in the United States, and (bb) in the case of a qualified investment with respect to any grid improvement property, such property is composed of steel, iron, or manufactured products which were produced in the United States. (II) Steel and iron In the case of steel or iron, subclause (I) shall be applied in a manner consistent with section 661.5(b) of title 49, Code of Federal Regulations. (III) Manufactured product For purposes of subclause (I), a manufactured product shall be deemed to have been manufactured in the United States if not less than 55 percent of the total cost of the components of such product is attributable to components which are mined, produced, or manufactured in the United States. (iii) International agreements This subparagraph shall be applied in a manner which is consistent with the obligations of the United States under international agreements. (D) Maximum credit rate Notwithstanding any adjustment or increase pursuant to this paragraph, the percentage under subparagraph (A) or (B)(i) of paragraph (1) shall not exceed 50 percent. (b) Qualified investment with respect to any qualified facility (1) In general For purposes of subsection (a), the qualified investment with respect to any qualified facility for any taxable year is the sum of— (A) the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility, plus (B) the amount of any expenditures which are— (i) paid or incurred by the taxpayer for qualified interconnection property— (I) in connection with a qualified facility which has a maximum net output of not greater than 5 megawatts, and (II) placed in service during the taxable year of the taxpayer, and (ii) properly chargeable to capital account of the taxpayer. (2) Qualified property The term qualified property means property— (A) which is— (i) tangible personal property, or (ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified facility, (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (C) (i) the construction, reconstruction, or erection of which is completed by the taxpayer, or (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer. (3) Qualified facility (A) In general For purposes of this section, the term qualified facility means a facility— (i) which is used for the generation of electricity, (ii) which is originally placed in service after December 31, 2022, (iii) for which the anticipated greenhouse gas emissions rate (as determined under subparagraph (B)(ii)) is not greater than zero, and (iv) in the case of any facility with a maximum net output equal to or greater than 1 megawatt, which— (I) satisfies the requirements of subparagraph (B)(iii), and (II) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act . (B) Additional rules (i) Expansion of facility; incremental production Rules similar to the rules of section 45U(b)(1)(C) shall apply for purposes of this paragraph. (ii) Greenhouse gas emissions rate Rules similar to the rules of section 45U(b)(2) shall apply for purposes of this paragraph. (iii) Wage requirements (I) In general The requirements described in this subclause with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (aa) the construction of such facility, or (bb) for any year during the 5-year period beginning on the date the facility is originally placed in service, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (II) Correction and penalty related to failure to satisfy wage requirements For purposes of section 50(a), a taxpayer shall not be treated as failing to satisfy the requirements of this clause if such taxpayer meets requirements similar to the requirements of section 45U(b)(3)(B)(ii). (C) Microgrids (i) In general For purposes of this section, the term qualified facility shall include any microgrid which satisfies the requirements under clauses (i), (ii), and (iv) of subparagraph (A). (ii) Microgrid For purposes of this section, the term microgrid means an interconnected system of distributed energy resources used for the generation of electricity which— (I) is contained within a clearly defined electrical boundary and has the ability to operate as a single and controllable entity, (II) has the ability to be managed and isolated from the applicable grid region in order to withstand larger disturbances and maintain the supply of electricity to connected infrastructure, and (III) has a maximum net output of not greater than 20 megawatts. (iii) Applicable grid region For purposes of this subparagraph, the term applicable grid region means a set of power plants and transmission lines which are— (I) under the control of a single grid operator, and (II) interconnected to the microgrid. (iv) Relative avoided emissions rate (I) In general For purposes of subsection (a)(1)(B)(ii), the relative avoided emissions rate shall be the amount equal to the quotient of— (aa) the amount equal to the non-baseload output emissions rate for the applicable grid region minus the greenhouse gas emissions rate for the microgrid, divided by (bb) the non-baseload output emissions rate for the applicable grid region. (II) Non-baseload output emissions rate (aa) In general For purposes of this subparagraph, the term non-baseload output emissions rate means the amount of greenhouse gases emitted into the atmosphere by the applicable grid region for the production of electricity (expressed as grams of CO 2 e per KWh) above baseload. (bb) Determination The non-baseload output emissions rate for any applicable grid region shall be determined by the Administrator of the Environmental Protection Agency and the Secretary. (D) Exclusion The term qualified facility shall not include any facility for which— (i) a renewable electricity production credit determined under section 45, (ii) an advanced nuclear power facility production credit determined under section 45J, (iii) a carbon oxide sequestration credit determined under section 45Q, (iv) a clean electricity production credit determined under section 45U, or (v) an energy credit determined under section 48, is allowed under section 38 for the taxable year or any prior taxable year. (4) Qualified interconnection property For purposes of this paragraph— (A) In general The term qualified interconnection property means, with respect to a qualified facility which is not a microgrid, any tangible property— (i) which is part of an addition, modification, or upgrade to a transmission system which is required at or beyond the point at which the qualified facility interconnects to such transmission system in order to accommodate such interconnection, (ii) (I) which is constructed, reconstructed, or erected by the taxpayer, or (II) for which the cost with respect to the construction, reconstruction, or erection of such property is paid or incurred by such taxpayer, and (iii) the original use of which, pursuant to an interconnection agreement, commences with the utility. (B) Interconnection agreement The term interconnection agreement means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission system of such utility. (C) Transmission system The term transmission system means the facilities owned, controlled, or operated by a utility which are used to provide electric transmission service. (D) Utility The term utility means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of— (i) the Federal Energy Regulatory Commission, or (ii) a State public utility commission or other appropriate State agency. (5) Coordination with rehabilitation credit The qualified investment with respect to any qualified facility for any taxable year shall not include that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)). (6) Definitions For purposes of this subsection, the terms CO2e per KWh and greenhouse gas emissions rate have the same meaning given such terms under section 45U(b). (c) Qualified investment with respect to grid improvement property (1) In general (A) Qualified investment For purposes of subsection (a), the qualified investment with respect to grid improvement property for any taxable year is the basis of any grid improvement property placed in service by the taxpayer during such taxable year. (B) Grid improvement property For purposes of this section, the term grid improvement property means any energy storage property or qualified transmission property which— (i) satisfies the requirements of paragraph (4), and (ii) with respect to the construction of such property, satisfies the requirements under section 501 of the Clean Energy for America Act . (2) Energy storage property For purposes of this subsection, the term energy storage property means property— (A) which receives, stores, and delivers electricity, or energy for conversion to electricity, provided that such electricity is— (i) sold by the taxpayer to an unrelated person, or (ii) stored by the taxpayer for an unrelated person, (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (C) (i) the construction, reconstruction, or erection of which is completed by the taxpayer, or (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, (D) which has a capacity of not less than 5 kilowatt hours, and (E) which is placed in service after December 31, 2021. (3) Qualified transmission property (A) In general For purposes of this subsection, the term qualified transmission property means property— (i) which is— (I) an overhead, submarine, or underground transmission property which is capable of transmitting electricity at a voltage of not less than 275 kilovolts, and (II) other equipment necessary for the operation of property described in clause (i), including equipment listed as transmission plant in the Uniform System of Accounts for the Federal Energy Regulatory Commission under part 101 of subchapter C of chapter I of title 18, Code of Federal Regulations, (ii) which satisfies the requirements under subparagraphs (B), (C), and (E) of paragraph (2). (B) Exclusion The term qualified transmission property shall not include any property used for distribution of electricity between substations and end-use customers. (4) Wage requirements (A) In general The requirements described in this subparagraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (i) the construction of such property, or (ii) for any year during the 5-year period beginning on the date the property is originally placed in service, the alteration or repair of such property, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Correction and penalty related to failure to satisfy wage requirements For purposes of section 50(a), a taxpayer shall not be treated as failing to satisfy the requirements of this clause if such taxpayer meets requirements similar to the requirements of section 45U(b)(3)(B)(ii). (d) Special rules (1) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (2) Special rule for property financed by subsidized energy financing or industrial development bonds Rules similar to the rules of section 48(a)(4) shall apply for purposes of this section. (e) Credit phase-Out (1) In general If the Secretary, the Secretary of Energy, and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the clean electricity investment credit under subsection (a) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during the second calendar year following such determination year, 75 percent, (C) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during the third calendar year following such determination year, 50 percent, and (D) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (f) Greenhouse gas In this section, the term greenhouse gas has the same meaning given such term under section 45U(e)(2). (g) Recapture of credit For purposes of section 50, if the Secretary and the Administrator of the Environmental Protection Agency determine that the greenhouse gas emissions rate for a qualified facility is significantly higher than the anticipated greenhouse gas emissions rate claimed by the taxpayer for purposes of the clean electricity investment credit under this section, the facility or equipment shall cease to be investment credit property in the taxable year in which the determination is made. (h) Final guidance Not later than January 1, 2023, the Secretary and the Administrator of the Environmental Protection Agency shall issue final guidance regarding implementation of this section. (i) Election for direct payment (1) In general In the case of any qualified property or grid improvement property placed in service during any taxable year, the applicable percentage of the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Form and effect of election (A) In general An election under paragraph (1) shall be made prior to the date on which the qualified property or grid improvement property is placed in service and in such manner as the Secretary may prescribe. Such election, once made, shall— (i) be irrevocable with respect to the qualified property or grid improvement property to which such election applies, and (ii) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. (B) Additional information For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. (3) Application to partnerships and S corporations; excess payments Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. (4) Special rules for certain entities (A) Eligibility of certain property For purposes of this subsection, paragraphs (3) and (4) of section 50(b) shall not apply with respect to— (i) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), (ii) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or (iii) an Indian tribal government (as defined in section 139E(c)(1)). (B) Certain entities treated as taxpayers In the case of an election under this subsection, any entity described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). (5) Applicable percentage For purposes of paragraph (1)— (A) In general In the case of any property which satisfies the requirements under subsection (a)(2)(C)(ii) with respect to the construction of such property, the applicable percentage shall be 100 percent. (B) Phased domestic content requirement Subject to subparagraph (C), in the case of any property which fails to satisfy the requirements under such subsection with respect to the construction of such property, the applicable percentage shall be— (i) if construction of such property began before January 1, 2024, 100 percent, (ii) if construction of such property began in calendar year 2024, 90 percent, (iii) if construction of such property began in calendar year 2025, 85 percent, and (iv) if construction of such property began after December 31, 2025, 0 percent. (C) Exception If the Secretary determines that, for purposes of application of the requirements under subsection (a)(2)(C)(ii) with respect to the construction of such property— (i) their application would be inconsistent with the public interest, (ii) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (iii) inclusion of domestic material will increase the cost of the construction of the property by more than 25 percent, the applicable percentage shall be 100 percent. . (2) Public utility property Section 50(d) is amended— (A) in paragraph (2)— (i) by adding after the first sentence the following new sentence: At the election of a taxpayer, this paragraph shall not apply to any grid improvement property (as defined in section 48D(c)(1)(B)), provided— , and (ii) by adding the following new subparagraphs: (A) no election under this paragraph shall be permitted if the making of such election is prohibited by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision that regulates public utilities as described in section 7701(a)(33)(A), (B) an election under this paragraph shall be made separately with respect to each grid improvement property by the due date (including extensions) of the Federal tax return for the taxable year in which such property is placed in service by the taxpayer, and once made, may be revoked only with the consent of the Secretary, and (C) an election shall not apply with respect to any energy storage property (as defined in section 48D(c)(2)) if such property has a maximum capacity equal to or less than 500 kilowatt hours. , and (B) by adding at the end the following: Paragraphs (1)(B) and (2)(B) of the section 46(e) referred to in paragraph (1) of this subsection shall not apply to any qualified investment described in section 48D of a real estate investment trust. (3) Conforming amendments (A) Section 46 is amended— (i) by striking “and” at the end of paragraph (5), (ii) by striking the period at the end of paragraph (6) and inserting “, and”, and (iii) by adding at the end the following new paragraph: (7) the clean electricity investment credit. . (B) Section 49(a)(1)(C) is amended— (i) by striking “and” at the end of clause (iv), (ii) by striking the period at the end of clause (v) and inserting a comma, and (iii) by adding at the end the following new clauses: (vi) the basis of any qualified property which is part of a qualified facility under section 48D, and (vii) the basis of any energy storage property under section 48D. . (C) Section 50(a)(2)(E) is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(e) . (D) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48C the following new item: 48D. Clean electricity investment credit. . (4) Effective date The amendments made by this subsection shall apply to property placed in service after December 31, 2021, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Individual credit (1) In general Subpart A of part IV of subchapter A of chapter 1 is amended by inserting after section 25D the following: 25E. Residential clean electricity credit (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the expenditures made by the taxpayer for any qualified property and any energy storage property which is— (1) for use in connection with a dwelling unit which is located in the United States and used as a residence by the taxpayer, and (2) placed in service during such taxable year. (b) Qualified property (1) In general The term qualified property means property— (A) which is tangible personal property, (B) which is used for the generation of electricity, (C) which is constructed, reconstructed, erected, or acquired by the taxpayer, (D) the original use of which commences with the taxpayer, (E) which is originally placed in service after December 31, 2022, and (F) for which the anticipated greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero. (2) Establishment of emissions rates for qualified property (A) In general The Secretary and the Administrator of the Environmental Protection Agency, shall establish greenhouse gas emissions rates for types or categories of qualified property which are for use in a dwelling unit, which a taxpayer shall use for purposes of this section. (B) Publishing emissions rates The Secretary shall publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of qualified property. (c) Energy storage property The term energy storage property means property which— (1) receives, stores, and delivers electricity or energy for conversion to electricity which is consumed or sold by the taxpayer, (2) is equipped with a metering device which is owned and operated by an unrelated person, (3) has a capacity of not less than 3 kilowatt hours, and (4) satisfies the requirements under subparagraphs (A), (C), (D), and (E) of subsection (b)(1). (d) Carryforward of unused credit (1) In general If the credit allowable under subsection (a) exceeds the applicable tax limit, such excess shall be carried to each of the 3 succeeding taxable years and added to the credit allowable under subsection (a) for such succeeding taxable year. (2) Limitation The amount of the unused credit which may be taken into account under paragraph (1) for any taxable year shall not exceed the amount (if any) by which the applicable tax limit for such taxable year exceeds the sum of— (A) the credit allowable under subsection (a) for which such taxable year determined without regard to this subsection, and (B) the amounts which, by reason of this subsection, are carried to such taxable year and are attributable to taxable years before the unused credit year. (3) Applicable tax limit For purposes of this subsection, the term applicable tax limit means the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section). (e) Credit phase-Out (1) In general If the Secretary, the Secretary of Energy, and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than the percentage specified in section 48D(e), the amount of the credit allowable under subsection (a) for any qualified property or energy storage property placed in service during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for property placed in service during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for property placed in service during the second calendar year following such determination year, 75 percent, (C) for property placed in service during the third calendar year following such determination year, 50 percent, and (D) for property placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (f) Special rules For purposes of this section: (1) Labor costs Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the qualified property or energy storage property and for piping or wiring to interconnect such property to the dwelling unit shall be taken into account for purposes of this section. (2) Tenant-stockholder in cooperative housing corporation In the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums (A) In general In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association For purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases If less than 80 percent of the use of a property is for nonbusiness purposes, only that portion of the expenditures for such property which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) Coordination with other credits The terms qualified property and energy storage property shall not include any property for which a credit is allowed under section 25D for any expenditure with respect to such property. (g) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section for any expenditures with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditures shall be reduced by the amount of the credit so allowed. (h) Final guidance Not later than January 1, 2023, the Secretary and the Administrator of the Environmental Protection Agency shall issue final guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified property and determination of residential clean electricity property credits under this section. . (2) Conforming amendments (A) Section 23(c)(1) is amended by striking and section 25D and inserting , section 25D, and section 25E . (B) Section 25(e)(1)(C) is amended by striking and 25D and inserting 25D, and 25E . (C) Paragraph (1) of section 45(d) is amended by striking with respect to which and all that follows through the period and inserting the following: with respect to which— (A) any qualified small wind energy property expenditure (as defined in subsection (d)(4) of section 25D) is taken into account in determining the credit under such section, or (B) any expenditures for qualified property (as defined in subsection (b) of section 25E) which uses wind to produce electricity is taken into account in determining the credit under such section. . (D) Section 1016(a) is amended— (i) by redesignating paragraphs (35) through (38) as paragraphs (36) through (39), respectively, and (ii) by inserting after paragraph (34) the following: (35) to the extent provided in section 25E(g), in the case of amounts with respect to which a credit has been allowed under section 25E, . (E) The table of contents for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Residential clean electricity credit. . (3) Effective date The amendments made by this subsection shall apply to property placed in service after December 31, 2022. 103. Extensions, modifications, and terminations of various energy provisions (a) Residential energy efficient property (1) Elimination of phaseout Section 25D(g) is amended to read as follows: (g) Applicable percentage For purposes of subsection (a), the applicable percentage shall be 30 percent. . (2) Effective date The amendments made by this subsection shall apply to property placed in service after December 31, 2020. (b) Renewable electricity production credit (1) Carryforward of credit (A) In general Section 39(a) is amended by adding at the end the following: (4) 25-year carryforward for renewable electricity production credit In the case of the renewable electricity production credit— (A) this section shall be applied separately from the business credit (other than the renewable electricity production credit), and (B) paragraph (2) shall be applied— (i) by substituting 26 taxable years for 21 taxable years in subparagraph (A) thereof, and (ii) by substituting 25 taxable years for 20 taxable years in subparagraph (B) thereof. . (B) Effective date The amendment made by this paragraph shall apply to credit carryforwards carried to taxable years beginning after the date of enactment of this Act. (2) Election for direct payment for renewable electricity production credit Section 45 is amended by adding at the end the following: (f) Election for direct payment (1) In general The amount of any credit determined under subsection (a) with respect to any qualified facility for any taxable year during the period described in subsection (a)(2)(A)(ii) shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (2) Form and effect of election (A) In general An election under paragraph (1) shall be made prior to the applicable date on and in such manner as the Secretary may prescribe. Such election, once made, shall— (i) be irrevocable with respect to such qualified facility for the period described in subsection (a)(2)(A)(ii), and (ii) for any taxable year during such period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such qualified facility for such taxable year to zero. (B) Additional information For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. (C) Applicable date For purposes of this paragraph, the term applicable date means— (i) in the case of any qualified facility which is placed in service after December 31, 2020, and before the date of enactment of the Clean Energy for America Act , the earlier of— (I) the date which is 180 days after the date of enactment of such Act, or (II) the end of the taxable year in which such facility is placed in service, (ii) in the case of any qualified facility the construction of which begins before the date of enactment of the Clean Energy for America Act and which is not placed in service before such date, the later of— (I) the date on which such facility is placed in service, or (II) the date which is 180 days after the date of enactment of such Act, or (iii) in the case of any qualified facility the construction of which begins on or after the date of enactment of the Clean Energy for America Act , the date on which such facility is placed in service. (3) Application to partnerships and S corporations; excess payment Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. (4) Certain entities treated as taxpayers In the case of an election under this subsection— (A) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), (B) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or (C) an Indian tribal government (as defined in section 139E(c)(1)), shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). . (c) Termination of allocation of unutilized limitation for advanced nuclear power facilities (1) In general Section 45J(b) is amended by striking paragraph (5). (2) Effective date The amendment made by this subsection shall apply to facilities the construction of which begins after the date of enactment of this Act. (d) Modification of credit for carbon dioxide sequestration (1) In general Section 45Q is amended— (A) in subsection (a)(4)(B)(i), by inserting subject to subsection (f)(8), before used by , (B) in subsection (b)(1)— (i) in subparagraph (A), by striking The applicable dollar amount and inserting Except as provided in subparagraph (B), the applicable dollar amount , (ii) by redesignating subparagraph (B) as subparagraph (C), (iii) by inserting after subparagraph (A) the following: (B) Applicable dollar amount for direct air capture facilities In the case of any qualified facility described in subsection (d)(1)(A) for which construction begins after the date of enactment of the Clean Energy for America Act , the applicable dollar amount shall be an amount equal to— (i) for any taxable year beginning in a calendar year before 2027— (I) for purposes of paragraph (3) of subsection (a), $175, and (II) for purposes of paragraph (4) of such subsection, $150, and (ii) for any taxable year beginning in a calendar year after 2026— (I) for purposes of paragraph (3) of subsection (a), an amount equal to the product of $175 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 , and (II) for purposes of paragraph (4) of such subsection, an amount equal to the product of $150 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 . , and (iv) in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A) , (C) by striking subsection (d) and inserting the following: (d) Qualified facility (1) In general For purposes of this section, the term qualified facility means— (A) any direct air capture facility, and (B) any industrial facility which captures— (i) in the case of an electricity generating facility, not less than 75 percent of the carbon oxide which would otherwise be released into the atmosphere, or (ii) in the case of an industrial facility which is not an electricity generating facility, not less than 50 percent of the carbon oxide which would otherwise be released into the atmosphere. (2) Coordination with other credits The term qualified facility shall not include any facility for which a credit determined under section 45U or 48D is allowed under section 38 for the taxable year or any prior taxable year. , (D) in subsection (f), by adding at the end the following: (8) Elimination of use of carbon oxide as tertiary injectant In the case of any qualified facility the construction of which begins after December 31, 2026, subsection (a)(4)(B)(i) shall not apply. , (E) by redesignating subsection (h) as subsection (i), and (F) by inserting after subsection (g) the following: (h) Credit phase-Out (1) In general (A) Reduction based on emissions from production of electricity Subject to subparagraphs (B) and (C), if the Secretary and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the carbon oxide sequestration credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— (i) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (ii) the phase-out percentage under paragraph (2). (B) Other industrial facilities In the case of any qualified facility described in subsection (d)(1)(B)(ii) the construction of which begins during a calendar year described in paragraph (2), subparagraph (A) shall be applied by substituting industrial sector for production of electricity each place it appears. (C) Direct air capture facilities In the case of any qualified facility described in subsection (d)(1)(A), subparagraph (A) shall not apply. (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a facility the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1)(A) is made, 100 percent, (B) for a facility the construction of which begins during the second calendar year following such determination year, 75 percent, (C) for a facility the construction of which begins during the third calendar year following such determination year, 50 percent, and (D) for a facility the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (2) Wage requirements Section 45Q(f), as amended by paragraph (1)(D), is amended by adding at the end the following: (9) Wage requirements (A) In general The term qualified facility shall not include any facility which fails to satisfy— (i) subject to clause (ii) of subparagraph (B), the requirements under clause (i) of such subparagraph, and (ii) with respect to— (I) the construction of any facility the construction of which begins after the date of enactment of the Clean Energy for America Act , and (II) the construction of any carbon capture equipment, the requirements under section 501 of the Clean Energy for America Act . (B) Requirements (i) In general The requirements described in this clause with respect to any facility, and any carbon capture equipment placed in service at such facility, are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (I) in the case of any facility the construction of which begins after the date of enactment of the Clean Energy for America Act , the construction of such facility, or (II) during the 12-year period beginning on the date on which carbon capture equipment is originally placed in service at any facility (as described in paragraphs (3)(A) and (4)(A) of subsection (a)), the alteration or repair of such facility or such equipment, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (ii) Failure to satisfy wage requirements; correction and penalty In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to the construction of any facility or the alteration or repair of a facility or carbon capture equipment in any year during the period described in clause (i)(II), rules similar to the rules of clauses (i) and (ii) of section 45U(b)(3)(B) shall apply for purposes of this subparagraph. . (3) Election for direct payment Section 45Q , as amended by the preceding paragraphs of this subsection, is amended— (A) by redesignating subsection (i) as subsection (j), and (B) by inserting after subsection (h) the following: (i) Election for direct payment (1) In general The amount of any credit determined under paragraph (3) or (4) of subsection (a) with respect to any qualified carbon oxide for any taxable year during the period described in paragraph (3)(A) or (4)(A) of such subsection, respectively, shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (2) Form and effect of election (A) In general An election under paragraph (1) shall be made prior to the applicable date and in such manner as the Secretary may prescribe. Such election, once made, shall— (i) be irrevocable with respect to such carbon capture equipment for the period described in paragraph (3)(A) or (4)(A) of subsection (a), and (ii) for any taxable year during such period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such equipment for such taxable year to zero. (B) Additional information For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. (C) Applicable date For purposes of this paragraph, the term applicable date means— (i) in the case of any carbon capture equipment which is placed in service after December 31, 2020, and before the date of enactment of the Clean Energy for America Act , the earlier of— (I) the date which is 180 days after the date of enactment of such Act, or (II) the end of the taxable year in which such equipment is placed in service, (ii) in the case of any carbon capture equipment the construction of which began before the date of enactment of the Clean Energy for America Act and which has not placed in service before such date, the later of— (I) the date on which such equipment is placed in service, or (II) the date which is 180 days after the date of enactment of such Act, and (iii) in the case of any carbon capture equipment the construction of which begins on or after the date of enactment of the Clean Energy for America Act , the date on which such equipment is placed in service. (3) Application to partnerships and S corporations; excess payment Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. (4) Certain entities treated as taxpayers In the case of an election under this subsection— (A) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), (B) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or (C) an Indian tribal government (as defined in section 139E(c)(1)), shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). . (4) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits Section 45Q(f), as amended by paragraphs (1)(D) and (2), is amended by adding at the end the following: (10) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits Rules similar to the rules under section 45(b)(3) shall apply for purposes of this section. . (5) Effective dates (A) In general The amendments made by paragraph (1) (with the exception of the amendment made under subparagraph (D) of such paragraph) shall apply to facilities the construction of which begins after the date of enactment of this Act. (B) Elimination of use of carbon oxide as tertiary injectant The amendment made by paragraph (1)(D) shall apply to facilities the construction of which begins after December 31, 2026. (C) Wage requirements The amendments made by paragraph (2) shall apply to facilities or equipment the construction of which begins after December 31, 2021. (D) Election for direct payment The amendments made by paragraph (3) shall apply to carbon capture equipment which is placed in service after December 31, 2020. (E) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits The amendments made by paragraph (4) shall apply to taxable years beginning after the date of enactment of this Act. (e) Modification of credits for energy property (1) Termination (A) Solar energy property Section 48(a)(3)(A)(i) is amended by inserting but only with respect to property the construction of which begins before January 1, 2024, after swimming pool, . (B) Geothermal energy property Section 48(a)(3)(A)(iii) is amended by inserting with respect to property the construction of which begins before January 1, 2024, and after but only . (C) Qualified offshore wind facilities Section 48(a)(5)(F) is amended by striking January 1, 2026 each place it appears and inserting January 1, 2024 . (2) Elimination of phaseouts (A) In general Section 48 is amended by striking paragraphs (6) and (7). (B) Effective date The amendments made by this paragraph shall apply to property the construction of which begins after December 31, 2020. (3) Increase in credit rate for geothermal deposits (A) In general Section 48(a)(2)(A)(i)(II) is amended by striking paragraph (3)(A)(i) and inserting clause (i) or (iii) of paragraph (3)(A) . (B) Effective date The amendments made by this paragraph shall apply to property the construction of which begins after December 31, 2020. (4) Election for direct payment (A) In general Section 48 , as amended by paragraph (1), is amended by adding at the end the following: (e) Election for direct payment (1) In general In the case of any energy property placed in service during any taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Form and effect of election (A) In general An election under paragraph (1) shall be made prior to the applicable date and in such manner as the Secretary may prescribe. Such election, once made, shall— (i) be irrevocable with respect to the energy property to which such election applies, and (ii) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. (B) Additional information For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. (C) Applicable date For purposes of this paragraph, the term applicable date means— (i) in the case of any energy property which is placed in service after December 31, 2020, and before the date of enactment of the Clean Energy for America Act , the earlier of— (I) the date which is 180 days after the date of enactment of such Act, or (II) the end of the taxable year in which such property is placed in service, (ii) in the case of any energy property the construction of which began before the date of enactment of the Clean Energy for America Act and which has not been placed in service before such date, the later of— (I) the date on which such property is placed in service, or (II) the date which is 180 days after the date of enactment of such Act, or (iii) in the case of any energy property the construction of which begins on or after the date of enactment of the Clean Energy for America Act , the date on which such property is placed in service. (3) Application to partnerships and S corporations; excess payment Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. (4) Special rules for certain entities (A) Eligibility of certain property For purposes of this subsection, paragraphs (3) and (4) of section 50(b) shall not apply with respect to— (i) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), (ii) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or (iii) an Indian tribal government (as defined in section 139E(c)(1)). (B) Certain entities treated as taxpayers In the case of an election under this subsection, any entity described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). . (B) Effective date The amendment made by this paragraph shall apply to property placed in service after December 31, 2020. (5) Energy credit for qualified biogas property and qualified manure resource recovery property (A) In general Section 48(a)(3)(A) is amended by striking or at the end of clause (vii) and by adding at the end the following new clauses: (ix) qualified biogas property, or (x) qualified manure resource recovery property, . (B) 30-Percent credit Section 48(a)(2)(A)(i) is amended by striking and at the end of subclause (IV), by striking and at the end of subclause (V), and by adding at the end the following new subclauses: (VI) qualified biogas property, and (VII) qualified manure resource recovery property, and . (C) Definitions Section 48(c) is amended by adding at the end the following new paragraphs: (6) Qualified biogas property (A) In general The term qualified biogas property means property comprising a system which— (i) uses anaerobic digesters, or other biological, chemical, thermal, or mechanical processes (alone or in combination), to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and (ii) captures such gas for use as a fuel. (B) Inclusion of certain cleaning and conditioning equipment Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. (C) Termination No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2023. (7) Qualified manure resource recovery property (A) In general The term qualified manure resource recovery property means property comprising a system which uses physical, biological, chemical, thermal, or mechanical processes to recover the nutrients nitrogen and phosphorus from a non-treated digestate or animal manure by reducing or separating at least 50 percent of the concentration of such nutrients, excluding any reductions during the incineration, storage, composting, or field application of the non-treated digestate or animal manure. (B) Inclusion of certain processing equipment Such term shall include— (i) any property which is used to recover the nutrients referred to in subparagraph (A), such as— (I) biological reactors, (II) crystallizers, (III) water filtration membrane systems and other water purifiers, (IV) evaporators, (V) distillers, (VI) decanter centrifuges, and (VII) equipment that facilitates the process of removing and dewatering suspended and dissolved solids, ammonia stripping, gasification, or ozonation, and (ii) any thermal drier which treats the nutrients recovered by the processes referred to in subparagraph (A). (C) Termination No credit shall be determined under this section with respect to any qualified manure resource recovery property for any period after December 31, 2023. . (D) Denial of double benefit for qualified biogas property Section 45(e) is amended by adding at the end the following new paragraph: (12) Coordination with energy credit for qualified biogas property The term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(6)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year. . (E) Effective date The amendments made by this paragraph shall apply to property placed in service after December 31, 2020, under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (6) Expansion of energy credit to include clean hydrogen production facilities (A) In general Section 48(a)(5) is amended— (i) in subparagraph (A)(ii), by inserting subject to subparagraph (G)(i), before the energy percentage , (ii) in subparagraph (B), by inserting or 45X after section 45 , (iii) in subparagraph (C)— (I) in clause (i), by inserting or, subject to subparagraph (G)(ii), a qualified clean hydrogen production facility (as defined in section 45X(d)(3)) after section 45(d) , (II) in clause (ii), by inserting (or, in the case of a qualified clean hydrogen production facility, which is placed in service after 2020 and the construction of which begins before January 1, 2030) after January 1, 2022 , and (III) in clause (iii)(I), by inserting or 45X after section 45 , and (iv) by adding at the end the following: (G) Qualified clean hydrogen production facilities (i) Energy percentage (I) In general For purposes of subparagraph (A)(ii), in the case of a qualified investment credit facility which is a qualified clean hydrogen production facility, the energy percentage with respect to such facility shall be an amount (expressed as a percentage) equal to— (aa) in the case of a facility which is estimated to produce qualified clean hydrogen (as defined in described in section 45X(d)(2)) which is described in subparagraph (A) of section 45X(b)(2), 20 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), (bb) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (B) of section 45X(b)(2), 25 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), (cc) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (C) of section 45X(b)(2), 34 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), and (dd) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (D) of section 45X(b)(2), 100 percent of the energy percentage otherwise applicable under subparagraph (A)(ii). (II) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under this section with respect to any qualified clean hydrogen production facility which fails to produce qualified clean hydrogen consistent with the applicable percentage reduction in lifecycle greenhouse gas emissions described in section 45X(b)(2) which were estimated for such facility pursuant to subclause (I). (ii) No double benefit For purposes of this paragraph, the term qualified investment credit facility shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under— (I) this section (other than pursuant to this paragraph), or (II) section 45, 45J, 45Q, 45U, 45V, or 48D. . (B) Effective date The amendments made by this paragraph shall apply to property placed in service after December 31, 2020. (7) Fuel cells using electromechanical processes (A) In general Section 48(c)(1) is amended— (i) in subparagraph (A)(i)— (I) by inserting or electromechanical after electrochemical , and (II) by inserting (1 kilowatts in the case of a fuel cell power plant with a linear generator assembly) after 0.5 kilowatt , and (ii) in subparagraph (C)— (I) by inserting , or linear generator assembly, after a fuel cell stack assembly , and (II) by inserting or electromechanical after electrochemical . (B) Linear generator assembly limitation Section 48(c)(1) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: (D) Linear generator assembly The term linear generator assembly does not include any assembly which contains rotating parts. . (C) Effective date The amendments made by this paragraph shall apply to property the construction of which begins after December 31, 2020. (f) Cost recovery for qualified facilities, qualified property, and grid improvement property (1) In general Section 168(e)(3)(B) is amended— (A) in clause (vi)(III), by striking and at the end, (B) in clause (vii), by striking the period at the end and inserting , and , and (C) by inserting after clause (vii) the following: (viii) any qualified facility (as defined in section 45U(b)(1)(A)), any qualified property (as defined in subsection (b)(2) of section 48D), or any grid improvement property (as defined in subsection (c)(1)(B) of such section). . (2) Alternative system The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (B)(vii) the following new item: (B)(viii) 30 . (3) Effective date The amendments made by this subsection shall apply to facilities and property placed in service after December 31, 2022. II Incentives for Clean Transportation 201. Clean fuel production credit (a) In general (1) Allowance of credit Subpart D of part IV of subchapter A of chapter 1, as amended by section 101, is amended by adding at the end the following new section: 45V. Clean fuel production credit (a) Amount of credit (1) In general For purposes of section 38, the clean fuel production credit for any taxable year is an amount equal to— (A) for any transportation fuel sold during any calendar year ending before January 1, 2030, an amount equal to the product of— (i) $1.00 per gallon (or gallon equivalent) with respect to any transportation fuel which is— (I) produced by the taxpayer at a qualified facility, and (II) sold by the taxpayer in a manner described in paragraph (4), and (ii) the emissions factor for such fuel (as determined under subsection (b)), and (B) for any transportation fuel which is sold during any calendar year beginning after December 31, 2029, and which has an emissions rate equal to or less than zero, an amount equal to the applicable amount (as determined under paragraph (2)) per gallon (or gallon equivalent) with respect to any transportation fuel which is— (i) produced by the taxpayer at a qualified facility, and (ii) sold by the taxpayer in a manner described in paragraph (4). (2) Applicable amount For purposes of paragraph (1)(B), the applicable amount with respect to any transportation fuel shall be an amount equal to $1.00 increased by 10 cents for every kilogram of CO 2 e per mmBTU (or fraction thereof) for which the emissions rate for such fuel is below zero. (3) Special rate for sustainable aviation fuel (A) In general In the case of an transportation fuel which is sustainable aviation fuel, paragraphs (1)(A)(i) and (2) shall each be applied by substituting $2.00 for $1.00 . (B) Sustainable aviation fuel For purposes of this subparagraph (A), the term sustainable aviation fuel means liquid fuel which is sold for use in, or used in, an aircraft and which— (i) consists of synthesized hydrocarbons, (ii) meets the requirements of— (I) ASTM International Standard D7566, or (II) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, (iii) is derived from— (I) biomass (as such term is defined in section 45K(c)(3)), or (II) electrolysis powered by renewable energy resources, or (III) carbon oxides captured from an industrial source or from the ambient air, and (iv) is not derived from palm fatty acid distillates. (4) Sale For purposes of paragraph (1), the transportation fuel is sold in a manner described in this paragraph if such fuel is sold by the taxpayer to an unrelated person— (A) for use by such person in the production of a fuel mixture, (B) for use by such person in a trade or business, or (C) who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person. (5) Rounding If any amount determined under paragraph (1)(A) or (2) is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (b) Emissions factors (1) Emissions factor (A) Calculation (i) In general The emissions factor of a transportation fuel shall be an amount equal to the quotient of— (I) an amount equal to— (aa) the baseline emissions rate, minus (bb) the emissions rate for such fuel, divided by (II) the baseline emissions rate. (B) Baseline emissions rate For purposes of this paragraph, the term baseline emissions rate means— (i) for any calendar year ending before January 1, 2026, 75 kilograms of CO 2 e per mmBTU, (ii) for calendar years 2026 and 2027, 50 kilograms of CO 2 e per mmBTU, and (iii) for calendar years 2028 and 2029, 25 kilograms of CO 2 e per mmBTU. (C) Establishment of emissions rate The Secretary and the Secretary of Energy shall establish the emissions rate for similar types and categories of transportation fuels based on the amount of lifecycle greenhouse gas emissions (as described in section 211(o)(1)(H) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(H) ), as in effect on the date of the enactment of this section) for such fuels, expressed as kilograms of CO 2 e per mmBTU, which a taxpayer shall use for purposes of this section. (D) Rounding of emissions rate The Secretary may round the emissions rates under subparagraph (B) to the nearest multiple of 5 kilograms of CO 2 e per mmBTU, except that, in the case of an emissions rate that is less than 2.5 kilograms of CO 2 e per mmBTU, the Secretary may round such rate to zero. (E) Provisional emissions rate (i) In general In the case of any transportation fuel for which an emissions rate has not been established by under subparagraph (C), a taxpayer producing such fuel may file a petition with the Secretary and the Secretary of Energy for determination of the emissions rate with respect to such fuel. (ii) Establishment of provisional and final emissions rate In the case of a transportation fuel for which a petition described in clause (i) has been filed, the Secretary and the Secretary of Energy shall— (I) not later than 12 months after the date on which the petition was filed, provide a provisional emissions rate for such fuel which a taxpayer shall use for purposes of this section, and (II) not later than 24 months after the date on which the petition was filed, establish the emissions rate for such fuel. (F) Rounding If any amount determined under subparagraph (A) is not a multiple of 0.1, such amount shall be rounded to the nearest multiple of 0.1. (2) Publishing emissions rate The Secretary shall publish annually a table that sets forth the emissions rate (as established pursuant to paragraph (1)) for similar types and categories of transportation fuels. (c) Inflation adjustment (1) In general In the case of calendar years beginning after 2023, the $1.00 amount in paragraphs (1)(A)(i) and (2) of subsection (a) and the $2.00 amount in subsection (a)(3) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale or use of the transportation fuel occurs. If any amount as increased under the preceding sentence is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent. (2) Inflation adjustment factor For purposes of paragraph (1), the inflation adjustment factor shall be the inflation adjustment factor determined and published by the Secretary pursuant to section 45U(c), determined by substituting calendar year 2022 for calendar year 1992 in paragraph (3) thereof. (d) Credit phase-Out (1) In general If the Secretary and the Administrator of the Environmental Protection Agency determine that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the clean fuel production credit under this section shall be determined by substituting the applicable amount (as determined under paragraph (2)(A)) for the dollar amount applicable under paragraphs (1)(A)(i) and (2) of subsection (a). (2) Applicable dollar amount (A) In general The applicable amount for any taxable year described in subparagraph (B) shall be an amount equal to the product of— (i) the dollar amount applicable under paragraphs (1)(A)(i) and (2) of subsection (a) (as adjusted by subsection (c)), multiplied by (ii) the phase-out percentage under subparagraph (B). (B) Phase-out percentage The phase-out percentage under this subparagraph is equal to— (i) for any taxable year beginning in the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (ii) for any taxable year beginning in the second calendar year following such determination year, 75 percent, (iii) for any taxable year beginning in the third calendar year following such determination year, 50 percent, and (iv) for any taxable year beginning in any calendar year subsequent to the year described in clause (iii), 0 percent. (e) Definitions In this section: (1) mm BTU The term mmBTU means 1,000,000 British thermal units. (2) CO 2 e The term CO 2 e means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on relative global warming potential). (3) Greenhouse gas The term greenhouse gas has the same meaning given that term under section 211(o)(1)(G) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(G) ), as in effect on the date of the enactment of this section. (4) Qualified facility (A) In general The term qualified facility means a facility— (i) used for the production of transportation fuels, and (ii) which— (I) subject to clause (ii) of subparagraph (B), satisfies the requirements under clause (i) of such subparagraph, and (II) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act . Clause (ii)(II) shall not apply to any facility placed in service before January 1, 2023. (B) Wage requirements (i) In general The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (I) the construction of such facility, or (II) for any year described in subsection (a)(1) for which the credit under this section is claimed, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (ii) Failure to satisfy wage requirements; correction and penalty In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to the construction of any facility or the alteration or repair of such facility in any year during the period described in clause (i)(II), rules similar to the rules of clauses (i) and (ii) of section 45U(b)(3)(B) shall apply for purposes of this subparagraph. (iii) Special rule for facilities placed in service before January 1, 2023 In the case of any facility placed in service before January 1, 2023— (I) clause (i)(I) shall not apply, and (II) clause (ii) shall be applied without regard to the phrase the construction of any facility or . (5) Transportation fuel The term transportation fuel means a fuel which is suitable for use as a fuel in a highway vehicle or aircraft. (f) Final guidance Not later than January 1, 2023, the Secretary and the Secretary of Energy shall jointly issue final guidance regarding implementation of this section, including calculation of emissions factors for transportation fuel, the table described in subsection (b)(2), and the determination of clean fuel production credits under this section. (g) Special rules (1) Only registered production in the United States taken into account (A) In general No clean fuel production credit shall be determined under subsection (a) with respect to any transportation fuel unless— (i) the taxpayer is registered as a producer of clean fuel under section 4101 at the time of production, and (ii) such fuel is produced in the United States. (B) United States For purposes of this paragraph, the term United States includes any possession of the United States. (2) Production attributable to the taxpayer In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. (3) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling fuel to an unrelated person if such fuel is sold to such a person by another member of such group. (4) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (5) Allocation of credit to patrons of agricultural cooperative (A) Election to allocate (i) In general In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. (ii) Form and effect of election An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). (B) Treatment of organizations and patrons The amount of the credit apportioned to any patrons under subparagraph (A)— (i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and (ii) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (C) Special rules for decrease in credits for taxable year If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of— (i) such reduction, over (ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter. (D) Eligible cooperative defined For purposes of this section the term eligible cooperative means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers. . (2) Conforming amendments (A) Section 38(b), as amended by section 101, is amended (i) in paragraph (33), by striking plus at the end, (ii) in paragraph (34), by striking the period at the end and inserting , plus , and (iii) by adding at the end the following new paragraph: (35) the clean fuel production credit determined under section 45V(a). . (B) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by section 101, is amended by adding at the end the following new item: Sec. 45V. Clean fuel production credit. . (C) Section 4101(a)(1) is amended by inserting every person producing a fuel eligible for the clean fuel production credit (pursuant to section 45V), after section 6426(b)(4)(A)), . (3) Effective date The amendments made by this section shall apply to transportation fuel produced after December 31, 2022. (b) Sustainable aviation fuel credit (1) In general Subpart D of part IV of subchapter A of chapter 1 is amended by inserting after section 40A the following new section: 40B. Sustainable aviation fuel credit (a) In general (1) Credit amount For purposes of section 38, the sustainable aviation fuel credit for the taxable year is, with respect to any sale or use of a qualified mixture which occurs during such taxable year, an amount equal to the product of— (A) the number of gallons of sustainable aviation fuel in such mixture, multiplied by (B) the sum of— (i) $1.50, plus (ii) the applicable supplementary credit amount with respect to the sustainable aviation fuel. (2) Applicable supplementary credit amount (A) In general For purposes of this section, the applicable supplementary credit amount means, with respect to any sustainable aviation fuel, an amount equal to $0.01 for every percentage point by which the lifecycle greenhouse gas emissions reduction percentage with respect to such fuel exceeds 50 percent. (B) Limitation In no event shall the applicable supplementary credit amount exceed $0.50. (b) Qualified mixture For purposes of this section— (1) In general The term qualified mixture means a mixture of sustainable aviation fuel and kerosene if— (A) such mixture is produced in the United States by a taxpayer, and (B) such mixture is— (i) sold for use in an aircraft, or (ii) used by the taxpayer in an aircraft. (2) Sale or use must be in trade or business, etc Sustainable aviation fuel used in the production of a qualified mixture shall be taken into account— (A) only if the sale or use described in paragraph (1) is in a trade or business of the taxpayer, and (B) for the taxable year in which such sale or use occurs. (3) Fueling must be in the United States A qualified mixture shall not be treated as used or sold for use in an aircraft unless the transfer of such mixture to the fuel tank of such aircraft occurs in the United States. (4) United States For purposes of this subsection, the term United States includes any possession of the United States. (c) Sustainable aviation fuel For purposes of this section, the term sustainable aviation fuel means liquid fuel— (1) which— (A) consists of synthesized hydrocarbons, (B) meets the requirements of— (i) ASTM International Standard D7566, or (ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, (C) is derived from— (i) biomass (as such term is defined in section 45K(c)(3)), or (ii) electrolysis powered by renewable energy resources, or (iii) carbon oxides captured from an industrial source or from the ambient air, and (D) is not derived from palm fatty acid distillates, and (2) which has been certified by the producer of such fuel in accordance with subsection (d) as having lifecycle greenhouse gas emissions that are equal to or less than 50 percent of the lifecycle greenhouse gas emissions for petroleum-based jet fuel. (d) Certification requirements A certification meet the requirements of this subsection if such certification is based on a method which— (1) demonstrates that the fuel conforms with— (A) the sustainability criteria of the Carbon Offsetting and Reduction Scheme for International Aviation, and (B) the traceability and information transmission requirements approved by the International Civil Aviation Organization with the agreement of the United States, (2) takes into account all elements used to determine lifecycle emissions by the International Civil Aviation Organization, and (3) is approved by— (A) the International Civil Aviation Organization, or (B) the Secretary and Administrator of the Environmental Protection Agency. (e) Time limit for adoption of new sustainable aviation fuel emissions reduction test For purposes of subparagraph (B) of subsection (d)(3), the Secretary and the Administrator of the Environmental Protection Agency shall, within 24 months after the date of the enactment of this section, adopt at least one method for testing lifecycle greenhouse gas emissions that meets the requirements of such subsection. (f) Certification of sustainable aviation fuel No credit shall be allowed under this section with respect to any sustainable aviation fuel unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer or importer of the sustainable aviation fuel which identifies the product produced and the percentage of sustainable aviation fuel in the product. (g) Termination This section shall not apply to any sale or use after December 31, 2022. . (2) Credit made part of general business credit Section 38(b), as amended by this Act, is amended— (A) in paragraph (34), by striking plus at the end, (B) in paragraph (35), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (36) the sustainable aviation fuel credit determined under section 40B. . (3) Coordination with renewable diesel (A) In general Section 40A(f) is amended by striking paragraph (4). (B) Other coordination rules (i) The last sentence of section 40A(d)(1) is amended by inserting or 40B after 40 . (ii) The second sentence of section 40A(f)(3) is amended by inserting or 40B after 40 . (C) Regulations Under rules prescribed by the Secretary of the Treasury (or the Secretary's delegate), the amount of the credit allowed under section 40B of the Internal Revenue Code of 1986 (as added by this subsection) shall be properly reduced to take into account any benefit provided with respect to sustainable aviation fuel (as defined in such section 40B) by reason of the application of section 6426 or section 6427(e). (4) Effective date (A) In general The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (B) Special rule The Secretary of the Treasury (or the Secretary's delegate) shall establish rules for the application of the amendments made by paragraph (3)(A) with respect to credits under section 6426 and payments under section 6427(e) for calendar quarters ending after the date of the enactment of this Act and before the last taxable year of a taxpayer which ends after such date of enactment. 202. Transportation electrification (a) Alternative motor vehicle credit for fuel cell motor vehicles (1) In general Section 30B(k) is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (2) Phaseout Section 30B is amended by adding at the end the following: (l) Credit phase-out for new qualified fuel cell motor vehicles (1) In general Following a determination by the Secretary and the Secretary of Transportation that total annual sales of new qualified fuel cell motor vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1)) in the United States are greater than 50 percent of total annual sales of new passenger vehicles in the United States, the amount of the new qualified fuel cell motor vehicle credit under this section for any new qualified fuel cell motor vehicle purchased during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (b) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a vehicle purchased during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a vehicle purchased during the second calendar year following such determination year, 75 percent, (C) for a vehicle purchased during the third calendar year following such determination year, 50 percent, and (D) for a vehicle purchased during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (3) Effective date The amendments made by this subsection shall apply to property purchased after December 31, 2021. (b) Alternative fuel vehicle refueling property credit (1) Credit phase-out Section 30C is amended by striking subsection (g) and inserting the following: (g) Credit phase-out (1) In general Following a determination by the Secretary, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency under section 45V(d)(1) that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the credit under this section for any qualified alternative fuel vehicle refueling property placed in service during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit allowed under subsection (a) (as determined without regard to this subsection), multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for any property placed in service during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for any property placed in service during the second calendar year following such determination year, 75 percent, (C) for any property placed in service during the third calendar year following such determination year, 50 percent, and (D) for any property placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (2) Modification (A) In general Section 30C(b) is amended— (i) by striking with respect to all qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year at a location and inserting with respect to any single item of qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year , and (ii) in paragraph (1), by striking $30,000 and inserting $200,000 . (B) Effective date The amendments made by this paragraph shall apply to property placed in service after December 31, 2021. (3) Additional modification (A) In general Section 30C , as amended by paragraphs (1) and (2), is amended— (i) in subsection (c)(2)— (I) in subparagraph (A), by striking one or more and all that follows through the period and inserting the following: hydrogen or any transportation fuel for which the clean fuel production credit is allowed under section 45V with respect to the production and sale of such fuel. , and (II) by striking subparagraph (B) and inserting the following: (B) Any mixture— (i) which consists of— (I) any transportation fuel— (aa) for which the clean fuel production credit is allowed under section 45V with respect to the production and sale of such fuel, and (bb) which is a liquid fuel, and (II) any taxable fuel (as defined in section 4083(a)(1)), and (ii) at least 20 percent of the volume of which consists of fuel described in clause (i)(I). , and (ii) in subsection (e), by adding at the end the following: (7) Wage requirements (A) In general The term qualified alternative fuel vehicle refueling property shall not include any property which fails to satisfy— (i) subject to clause (ii) of subparagraph (B), the requirements under clause (i) of such subparagraph, and (ii) with respect to the construction of such property, the requirements under section 501 of the Clean Energy for America Act . (B) Requirements (i) In general The requirements described in this clause with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the construction of such property are to be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (ii) Correction and penalty related to failure to satisfy wage requirements In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to any property, rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this subparagraph. . (B) Effective date The amendments made by this paragraph shall apply to property placed in service after December 31, 2022. (c) Electric vehicles (1) 2- and 3-wheeled plug-in electric vehicles (A) In general Section 30D(g)(3)(E) is amended by striking clause (ii) and inserting the following: (ii) after December 31, 2014. . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2020. (2) Elimination on limitation on number of vehicles eligible for credit (A) In general Section 30D is amended by striking subsection (e). (B) Effective date The amendment made by this paragraph shall apply to vehicles sold after May 24, 2021. (3) Making new qualified plug-in electric drive motor vehicle credit refundable for individuals (A) In general The Internal Revenue Code of 1986 is amended— (i) by redesignating section 30D as section 36C, and (ii) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (B) Conforming amendments (i) Section 36C , as amended by paragraph (2) and as redesignated and moved by subparagraph (A), is amended— (I) in subsection (a), by striking There shall be allowed and inserting In the case of an individual, there shall be allowed , (II) by striking subsection (c), (III) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively, (IV) in subsection (d), as so redesignated— (aa) by striking (determined without regard to subsection (c)) each place it appears, and (bb) by striking paragraph (3), and (V) in subsection (e)(3)(B), as so redesignated, by striking subsection (d)(1) and inserting subsection (c)(1) . (ii) Subsection (l)(1) of section 30B , as added by subsection (a)(2), is amended by striking section 30D(d)(1) and inserting section 36C(c)(1) . (iii) Paragraph (37) of section 1016(a) is amended by striking section 30D(f)(1) and inserting section 36C(d)(1) . (iv) Section 6501(m) is amended by striking 30D(e)(4) and inserting 36C(d)(6) . (v) Section 166(b)(5)(A)(ii) of title 23, United States Code, is amended by striking section 30D(d)(1) and inserting section 36C(c)(1) . (vi) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. New qualified plug-in electric drive motor vehicles. . (C) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (4) VIN requirement (A) In general Section 36C(c)(1), as redesignated and moved by paragraph (3), is amended— (i) in subparagraph (E), by striking and at the end, (ii) in subparagraph (F)(ii), by striking the period at the end and inserting , and , and (iii) by adding at the end the following: (G) for which the taxpayer has provided the vehicle identification number on the return of tax for the taxable year, unless, in accordance with applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number. . (B) Mathematical or clerical error Section 6213(g)(2) is amended— (i) in subparagraph (P), by striking and at the end, (ii) in subparagraph (Q), by striking the period at the end and inserting , and , and (iii) by adding at the end the following: (R) an omission of a correct vehicle identification number required under section 36C(c)(1)(G) (relating to credit for new qualified plug-in electric drive motor vehicles) to be included on a return, or the inclusion of any information with respect to the credit under section 36C which is inconsistent with the report provided under section 36C(g). . (C) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (5) Phaseout Section 36C, as redesignated, moved, and amended by the preceding paragraphs of this subsection, is amended by adding at the end the following: (f) Credit phase-out (1) In general Following a determination by the Secretary and the Secretary of Transportation that total annual sales of new qualified fuel cell motor vehicles (as defined in section 30B(b)(3)) and new qualified plug-in electric drive motor vehicles in the United States are greater than 50 percent of total annual sales of new passenger vehicles in the United States, the amount of the credit allowed under this section for any new qualified plug-in electric drive motor vehicle sold or qualified 2- or 3-wheeled plug-in electric vehicle acquired during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a vehicle sold or acquired during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a vehicle sold or acquired during the second calendar year following such determination year, 75 percent, (C) for a vehicle sold or acquired during the third calendar year following such determination year, 50 percent, and (D) for a vehicle sold or acquired during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (6) Credit increase (A) In general Subsection (b) of section 36C , as redesignated and moved by the preceding paragraphs of this subsection, is amended— (i) by adding at the end the following new paragraphs: (4) Vehicles produced by labor organization facility In the case of a vehicle the final assembly of which is at a facility whose production workers are members of or represented by a labor organization, the amount determined under this paragraph is $2,500. (5) Assembly in United States In the case of a vehicle— (A) the final assembly of which is at a facility which is located in the United States, and (B) which is acquired before January 1, 2026, the amount determined under this paragraph is $2,500. , (ii) by striking is $2,500. in paragraph (2) and inserting “is— (i) $2,500, in the case of a vehicle sold before January 1, 2026, and (ii) $5,000, in the case of a vehicle sold after December 31, 2025. and (iii) by striking paragraphs (2) and (3) in paragraph (1) and inserting paragraphs (2), (3), (4), and (5) . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (7) Limitation based on place of assembly (A) In general Paragraph (1) of section 36C(c), as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended— (i) by striking and at the end of subparagraph (F)(ii), (ii) by striking the period at the end of subparagraph (G) and inserting , and , and (iii) by adding at the end the following new subparagraph: (H) in the case of a vehicle sold after December 31, 2025, the final assembly of which is at a facility which is located in the United States. . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (8) Limitation based on manufacturer's suggested retail price (A) In general Paragraph (1) of section 36C(c), as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended— (i) by striking and at the end of subparagraph (G), (ii) by striking the period at the end of subparagraph (H) and inserting , and , and (iii) by adding at the end the following new subparagraph: (I) the manufacturer's suggested retail price for which is not in excess of $80,000. . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (9) Reporting requirement (A) In general Section 36C, as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended by adding at the end the following new subsection: (g) Reporting requirement The person who sells or leases any new qualified plug-in electric drive motor vehicle to the taxpayer shall furnish a report to the taxpayer and to the Secretary, at such time and in such manner as the Secretary shall provide, containing— (1) the taxpayer’s name and taxpayer identification number, (2) the vehicle identification number of the vehicle, unless, in accordance with applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number, (3) the battery capacity of the vehicle, (4) verification that original use of the vehicle commences with the taxpayer, and (5) the maximum credit under this section allowable to the taxpayer with respect to the vehicle. . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (10) Limitation to non-business vehicles (A) In general Paragraph (1) of section 36C(c), as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended— (i) by striking and at the end of subparagraph (H), (ii) by striking the period at the end of subparagraph (I) and inserting , and , and (iii) by adding at the end the following new subparagraph: (J) which is not of a character subject to the allowance for depreciation. . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (11) Qualified commercial electric vehicles (A) In general Subpart D of part IV of subchapter A of chapter 1, as amended by sections 101 and 201, is amended by adding at the end the following new section: 45W. Credit for qualified commercial electric vehicles (a) In general For purposes of section 38, the qualified commercial electric vehicle credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each qualified commercial electric vehicle placed in service by the taxpayer during the taxable year. (b) Per vehicle amount (1) In general The amount determined under this subsection with respect to any qualified commercial electric vehicle shall be equal to the lesser of— (A) 30 percent of the basis of such vehicle, or (B) the incremental cost of such vehicle. (2) Incremental cost (A) In general For purposes of paragraph (1)(B), the incremental cost of any qualified commercial electric vehicle is an amount equal to the excess of the purchase price for such vehicle over such price for a comparable vehicle. (B) Comparable vehicle For purposes of this paragraph, the term comparable vehicle means, with respect to any qualified commercial electric vehicle, any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in weight, size, and use to such vehicle. (C) Comparative price For purposes of subparagraph (A), the Secretary and the Secretary of Transportation shall publish an annual list of prices of various types and classes of commercial vehicles described in subparagraph (B). (3) Exclusion For purposes of paragraph (1)(A), the basis of any qualified commercial electric vehicle which is a qualified electric transportation option shall not include any cost relating to any component or feature which— (A) is not integral to the vehicle, or (B) does not contribute to improving the efficiency or range of the electric propulsion of the vehicle. (c) Qualified commercial electric vehicle For purposes of this section— (1) In general The term qualified commercial electric vehicle means— (A) any vehicle which— (i) meets the requirements of subparagraphs (A), (B), (C), (D), and (G) of section 36C(c)(1), (ii) is primarily propelled by an electric motor which draws electricity from a battery which— (I) has a capacity of not less than 10 kilowatt hours, and (II) is capable of being recharged from an external source of electricity, and (iii) is of a character subject to the allowance for depreciation, and (B) any qualified electric transportation option. (2) Qualified electric transportation option (A) In general The term qualified electric transportation option means any vehicle used in any manner of transportation— (i) the original use of which commences with the taxpayer, (ii) which is acquired for use or lease by the taxpayer and not for resale, (iii) which is capable of moving passengers, cargo, or property, (iv) which is powered by an integrated, on-board electric propulsion system which— (I) is the primary source of propulsion, (II) is capable of powering the vehicle (including any of its components and accessories) for not less than 2/3 of the maximum operating period between recharging or refueling of such vehicle, and (III) in the case of a vehicle which derives any of its power from the on-board combustion of a fuel, uses a renewable fuel, (v) which was manufactured for sale in commercial quantities with a reasonable expectation of profit, (vi) which is in compliance with any applicable safety or air quality standards, as determined by the Secretary, the Secretary of Transportation, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency, and (vii) which is of a character subject to the allowance for depreciation. (B) On-board electric propulsion system For purposes of this paragraph, the term on-board electric propulsion system means— (i) 1 or more on-board traction batteries which— (I) are integrated or swappable, and (II) have an aggregate capacity (as defined in subsection (d)(4)) of not less than 10 kilowatt hours, or (ii) an on-board power source other than a battery with an electrical output capacity equivalent of not less than 10 kilowatt hours, as determined by the Secretary. (C) Renewable fuel For purposes of this paragraph, the term renewable fuel means any fuel at least 85 percent of the volume of which consists of one or more of the following: (i) Ethanol. (ii) Biodiesel (as defined in section 40A(d)(1)). (iii) Advanced biofuel (as defined in section 211(o)(1)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(B) )). (iv) Renewable natural gas. (v) Hydrogen. (d) Special rules (1) In general Rules similar to the rules under subsection (d) of section 36C shall apply for purposes of this section. (2) Property used by tax-exempt entity In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle. (e) Credit phase-out (1) In general Following a determination by the Secretary and the Secretary of Transportation that total annual sales of qualified commercial electric vehicles in the United States are greater than 50 percent of total annual sales of new commercial vehicles in the United States, the amount of the credit allowed under this section for any qualified commercial electric vehicle acquired during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a vehicle acquired during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a vehicle acquired during the second calendar year following such determination year, 75 percent, (C) for a vehicle acquired during the third calendar year following such determination year, 50 percent, and (D) for a vehicle acquired during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (f) Reporting requirement The person who sells or leases any qualified commercial electric vehicle to the taxpayer shall furnish a report to the taxpayer and to the Secretary, at such time and in such manner as the Secretary shall provide, containing— (1) the taxpayer’s name and taxpayer identification number, (2) the vehicle identification number of the vehicle, unless, in accordance with applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number, (3) the battery capacity of the vehicle, (4) verification that original use of the vehicle commences with the taxpayer, and (5) the maximum credit under this section allowable to the taxpayer with respect to the vehicle. . (B) Mathematical or clerical error Section 6213(g)(2), as amended by paragraph (4), is further amended— (i) in subparagraph (Q), by striking and at the end, (ii) in subparagraph (R), by striking the period at the end and inserting , and , and (iii) by adding at the end the following: (S) the inclusion of any information for purposes of the credit under section 45W which is inconsistent with the report provided under section 45W(f). . (C) Conforming amendments (i) Section 38(b), as amended by section 201, is further amended by striking paragraph (30) and inserting the following: (30) the qualified commercial electric vehicle credit determined under section 45W, . (ii) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by sections 101 and 102, is amended by adding at the end the following new item: Sec. 45W. Qualified commercial electric vehicle credit. . (D) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (12) Certification by Secretary No credit shall be allowed under section 36C or section 45W of the Internal Revenue Code of 1986 for any vehicle acquired after December 31, 2021, unless the Secretary of the Treasury certifies that no credit under either such section will be allowed with respect to any new qualified plug-in electric drive motor vehicle, any qualified 2- or 3-wheeled plug-in electric vehicle, or any qualified commercial electric vehicle the final assembly of which is in the People's Republic of China. 203. Credit for production of clean hydrogen (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by sections 101, 201, and 202, is amended by adding at the end the following new section: 45X. Credit for production of clean hydrogen (a) Amount of credit For purposes of section 38, the clean hydrogen production credit for any taxable year is an amount equal to the product of— (1) the applicable amount, multiplied by (2) the kilograms of qualified clean hydrogen— (A) produced by the taxpayer at a qualified clean hydrogen production facility during the 10-year period beginning on the date the facility was placed in service, and (B) sold by the taxpayer to an unrelated person, or used by the taxpayer, during the taxable year. (b) Applicable amount (1) In general For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. If any amount as determined under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means— (A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, (B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, (C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and (D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. (3) Inflation adjustment The $3.00 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting 2020 for 1992 in subparagraph (B) thereof) for the calendar year in which the sale or use of the qualified clean hydrogen occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (c) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits The amount of the credit determined under subsection (a) with respect to any qualified clean hydrogen production facility for any taxable year shall be reduced in a manner similar to the reduction applied under section 45(b)(3). (d) Definitions For purposes of this section— (1) Lifecycle greenhouse gas emissions For purposes of this section, the term lifecycle greenhouse gas emissions has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), as in effect on the date of enactment of this section. (2) Qualified clean hydrogen (A) In general The term qualified clean hydrogen means hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming of non-renewable natural gas, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 50 percent. (B) Exclusion The term qualified clean hydrogen shall not include any hydrogen for which a credit is allowed for the taxable year— (i) under section 38 which is properly allocable to any credit determined under this part (other than this section), or (ii) under subchapter B of chapter 65 of subtitle F. (3) Qualified clean hydrogen production facility (A) In general The term qualified clean hydrogen production facility means— (i) a facility owned by the taxpayer— (I) which produces qualified clean hydrogen which, with respect to any taxable year, is sold by the taxpayer to an unrelated person or used by the taxpayer, and (II) which— (aa) subject to clause (ii) of subparagraph (B), satisfies the requirements under clause (i) of such subparagraph, and (bb) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act , and (ii) in connection with any facility described in clause (i), any property used to convert feedstock to hydrogen, including any equipment or supporting facility which— (I) accepts or receives feedstock, (II) conditions or stores feedstock or hydrogen, or (III) distributes or redistributes hydrogen. (B) Wage requirements (i) In general The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (I) the construction of such facility, or (II) for any year described in subsection (a)(2)(A) for which the credit under this section is claimed, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (ii) Failure to satisfy wage requirements; correction and penalty In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to the construction of any facility or the alteration or repair of such facility in any year during the period described in clause (i)(II), rules similar to the rules of clauses (i) and (ii) of section 45U(b)(3)(B) shall apply for purposes of this subparagraph. (4) Steam-methane reforming The term steam-methane reforming means a hydrogen production process in which high-temperature steam is used to produce hydrogen from natural gas, without carbon capture and sequestration. (e) Special rules (1) In general Rules similar to the rules of paragraphs (3) and (4) of section 45(e) shall apply for purposes of this section. (2) Production in the United States No credit shall be allowed under this section with respect to any qualified clean hydrogen which is produced outside of the United States (as defined in section 638(1) or any possession of the United States (as defined in section 638(2)). (f) Credit phase-Out (1) In general If the Secretary and the Administrator of the Environmental Protection Agency determine that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the clean hydrogen production credit under this section shall be determined by substituting the applicable amount (as determined under paragraph (2)(A)) for the dollar amount in subsection (b)(1). (2) Applicable dollar amount (A) In general The applicable amount for any taxable year described in subparagraph (B) shall be an amount equal to the product of— (i) the dollar amount in paragraphs (1) of subsection (b) (as adjusted by paragraph (3) of such subsection), multiplied by (ii) the phase-out percentage under subparagraph (B). (B) Phase-out percentage The phase-out percentage under this subparagraph is equal to— (i) for any taxable year beginning in the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (ii) for any taxable year beginning in the second calendar year following such determination year, 75 percent, (iii) for any taxable year beginning in the third calendar year following such determination year, 50 percent, and (iv) for any taxable year beginning in any calendar year subsequent to the year described in clause (iii), 0 percent. (g) Guidance Not later than 1 year after the date of enactment of this section, the Secretary, the Secretary of Energy, and Administrator of the Environmental Protection Agency shall publish guidance prescribing methods for determining the credit based on lifecycle greenhouse gas emissions. . (b) Conforming amendments (1) Section 38(b) of the Internal Revenue Code of 1986, as amended by section 101, 201, and 202, is amended— (A) in paragraph (35), by striking plus at the end, (B) in paragraph (36), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (37) the clean hydrogen production credit determined under section 45X(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by sections 101, 201, and 202, is amended by adding at the end the following new item: Sec. 45X. Clean hydrogen production credit. . (c) Effective date The amendments made by this section shall apply to hydrogen used or sold after December 31, 2020. 204. Temporary extensions of existing fuel incentives (a) Second generation biofuel producer credit (1) In general Section 40(b)(6)(J)(i) is amended by striking 2022 and inserting 2023 . (2) Effective date The amendments made by this subsection shall apply to qualified second generation biofuel production after December 31, 2021. (b) Credit for alternative fuel mixtures (1) In general Section 6426 is amended— (A) in subsection (d)— (i) in paragraph (2)(D), by striking liquefied , and (ii) in paragraph (5), by striking 2021 and inserting 2022 , and (B) in subsection (e)— (i) in paragraph (2), by inserting nonliquid hydrogen or before a fuel described , and (ii) in paragraph (3), by striking 2021 and inserting 2022 . (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2021. (c) Alternative fuels (1) In general Section 6427(e)(6)(C) is amended by striking 2021 and inserting 2022 . (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2021. III Incentives for Energy Efficiency 301. Credit for new energy efficient residential buildings (a) In general Section 45L is amended to read as follows: 45L. New energy efficient home credit (a) Allowance of credit For purposes of section 38, in the case of an eligible contractor, the new energy efficient home credit for the taxable year is the applicable amount for each qualified residence which is— (1) constructed by the eligible contractor, and (2) acquired by a person from such eligible contractor for use as a residence during the taxable year. (b) Applicable amount (1) In general For purposes of subsection (a), the applicable amount shall be an amount equal to— (A) in the case of a qualified residence described in subclause (I) of subsection (c)(3)(A)(iii), $2,500, and (B) in the case of a qualified residence described in subclause (II) of such subsection, $5,000. (2) Adjustment for inflation (A) In general In the case of a taxable year beginning after 2022, the dollar amounts in paragraph (1) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as increased under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (c) Definitions For purposes of this section: (1) Construction The term construction does not include substantial reconstruction or rehabilitation. (2) Eligible contractor The term eligible contractor means— (A) the person who constructed the qualified residence, or (B) in the case of a qualified residence which is a manufactured home, the manufactured home producer of such residence. (3) Qualified residence (A) In general The term qualified residence means a dwelling unit— (i) located in the United States, (ii) the construction of which is substantially completed after the date of the enactment of this section, (iii) which is certified as satisfying the applicable national program requirements under— (I) the Energy Star Residential New Construction program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which construction of the dwelling unit begins, or (II) the Zero Energy Ready Home program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which construction of the dwelling unit begins, and (iv) in the case of a multifamily dwelling unit, subject to clause (ii) of subparagraph (B), which satisfies the requirements under clause (i) of such subparagraph. (B) Wage requirements (i) In general The requirements described in this clause with respect to any dwelling unit are that the eligible contractor shall ensure that any laborers and mechanics employed by such contractor and subcontractors in the construction of such dwelling unit shall be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (ii) Correction and penalty related to failure to satisfy wage requirements In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to any dwelling unit, rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this subparagraph. (C) Denial of double benefit The term qualified residence does not include any dwelling unit for which a deduction determined under section 179D is allowed for the taxable year in which the dwelling unit is acquired as provided in subsection (a)(2). (d) Certification A certification described in this section shall be made— (1) by a third party which is accredited by a certification program approved by the Secretary and the Secretary of Energy, and (2) in accordance with— (A) any applicable rules under the national program requirements of the Energy Star Residential New Construction or Zero Energy Ready Home programs, as in effect on the date on which construction of the dwelling unit begins, and (B) guidance prescribed by the Secretary and the Secretary of Energy. (e) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property (other than a qualified low-income building, as described in section 42(c)(2)), the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (f) Coordination with investment credits For purposes of this section, expenditures taken into account under section 25D or 47 shall not be taken into account under this section. . (b) Effective date The amendment made by this section shall apply to any qualified residence acquired after December 31, 2021. 302. Energy efficient home improvement credit (a) In general Section 25C is amended to read as follows: 25C. Energy efficient home improvement credit (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of— (1) the sum of the applicable qualified property amounts for any qualified property placed in service by the individual during such taxable year, or (2) $1,500. (b) Applicable qualified property amount (1) In general For any qualified property, the applicable qualified property amount shall be equal to the lesser of— (A) 30 percent of the amount paid or incurred by the individual for such qualified property (including any expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of such property), or (B) $600. (2) Adjustment for inflation (A) In general In the case of a taxable year beginning after 2022, each of the dollar amounts in paragraph (1)(B) (after application of subsection (c)(2)) and subsections (a)(2), (c)(2)(A), and (c)(2)(B)(i)(I) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as increased under subparagraph (A) is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. (c) Qualified property (1) In general The term qualified property means a furnace, boiler, condensing water heater, central air conditioning unit, heat pump, biomass property, or building envelope improvement which— (A) except as provided in subparagraph (B), meets or exceeds the requirements of— (i) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which are in effect at the time that the property is placed in service, or (ii) if no standard established by the Consortium for Energy Efficiency applies to such property, an equivalent standard as established by the Secretary and the Administrator of the Environmental Protection Agency, (B) in the case of a building envelope improvement— (i) except as provided in clause (ii) or (iii), meets or exceeds the latest applicable requirements of the Energy Star program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which the property is placed in service, (ii) in the case of a window treatment, meets or exceeds the applicable certification requirements for such product under the Attachments Energy Rating Council certification program, or (iii) in the case of insulation described in subsection (d)(2)(A), meets the prescriptive criteria for such material or system established by the International Energy Conservation Code, as such Code (including supplements) is in effect on January 1 of the calendar year in which such material or system is installed, (C) is installed according to applicable Air Conditioning Contractors of America Quality Installation standards which are in effect at the time that the property was placed in service, (D) is for use in a dwelling unit which is located in the United States and used as a residence by the individual, and (E) is reasonably expected to remain in service in such dwelling unit for not less than 5 years. (2) Special rules for certain heat pumps (A) Air-source heat pumps In the case of any air-source heat pump which satisfies the requirements under paragraph (1), subsection (b)(1)(B) shall be applied by substituting $800 for $600 . (B) Ground source heat pump (i) In general In the case of any qualified geothermal heat pump property which satisfies the requirements under subparagraphs (C) through (E) of paragraph (1)— (I) subsection (b)(1)(B) shall be applied by substituting $10,000 for $600 , and (II) subsection (a)(2) shall be applied without regard to the applicable qualified property amount for such property. (ii) Qualified geothermal heat pump property For purposes of this subparagraph, the term qualified geothermal heat pump property means any equipment which— (I) uses the ground or ground water as a thermal energy source to heat a dwelling unit located in the United States and used as a residence by the taxpayer or as a thermal energy sink to cool such dwelling unit, and (II) meets the requirements of the Energy Star program which are in effect as of January 1 of the calendar year in which the expenditure for such equipment is made. (3) Special rule for insulation In the case of any building envelope improvement described in subsection (d)(2)(A) which satisfies the applicable requirements under paragraph (1), subsection (b)(1) shall be applied without regard to the lesser of and without regard to subparagraph (B). (d) Other definitions (1) Biomass property (A) In general For purposes of this section, the term biomass property means any property which— (i) uses the burning of biomass fuel to heat a dwelling unit or to heat water for use in a dwelling unit, and (ii) using the higher heating value, has a thermal efficiency of not less than 75 percent. (B) Biomass fuel For purposes of subparagraph (A), the term biomass fuel means any plant-derived fuel which is available on a renewable or recurring basis, including any such fuel which has been subject to a densification process (such as wood pellets). (2) Building envelope improvement For purposes of this section, the term building envelope improvement means— (A) any insulation material or system, including air barrier insulation, which is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, and (B) exterior doors and windows (including skylights). (3) Manufactured homes included For purposes of this section, the term dwelling unit includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations). (e) Denial of double benefit No credit shall be allowed under subsection (a) for any amounts paid or incurred for which a deduction or credit is allowed under any other provision of this chapter. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 25C and inserting after the item relating to section 25B the following item: 25C. Energy efficient home improvement credit. . (c) Effective date The amendments made by this section shall apply to qualified property placed in service after December 31, 2021. 303. Enhancement of energy efficient commercial buildings deduction (a) Maximum amount of deduction (1) In general Section 179D is amended— (A) by striking subsection (b) and inserting the following: (b) Maximum amount of deduction (1) In general The deduction under subsection (a) with respect to any building for any taxable year shall not exceed the excess (if any) of— (A) the product of— (i) the applicable dollar value, and (ii) the square footage of the building, over (B) the aggregate amount of the deductions under subsection (a) with respect to the building for the 3 years immediately preceding such taxable year. (2) Applicable dollar value For purposes of paragraph (1)(A)(i), the applicable dollar value shall be an amount equal to $2.50 increased (but not above $5.00) by $0.10 for each percentage point by which the total annual energy and power costs for the building are certified to be reduced by a percentage greater than 25 percent. , and (B) in subsection (d)(1)(A)— (i) by striking subsection (b) and inserting subsection (b)(2) , and (ii) by striking $1.80 and inserting $2.50 . (2) Inflation adjustment Section 179D(g) is amended to read as follows: (g) Inflation adjustment (1) In general In the case of a taxable year beginning after 2022, each dollar amount in subsection (b)(2) (and the $2.50 amount in subsection (d)(1)(A)) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence which is not a multiple of 10 cents shall be rounded to the nearest multiple of 10 cents. (2) Partial allowance In the case of a taxable year beginning after 2020, the $.60 amount in (d)(1)(A) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2019 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence which is not a multiple of 1 cent shall be rounded to the nearest cent. . (b) Definition of energy efficient building property (1) Energy reduction standard Section 179D(c)(1)(D) is amended by striking 50 percent and inserting 25 percent . (2) Inclusion of multifamily buildings (A) In general Subparagraph (B) of section 179D(c)(1) is amended to read as follows: (B) which is installed on or in any commercial building or multifamily building which is located within the United States, . (B) Application of standards Subparagraph (D) of section 179D(c) is amended— (i) by striking meets the minimum requirements of Reference Standard 90.1 using methods of calculation under subsection (d)(2) and inserting meets— (i) in the case of any property within the scope of Reference Standard 90.1, the minimum requirements of Reference Standard 90.1 using methods of calculation under subsection (d)(2), and (ii) in the case of any other property, the minimum requirements of a comparable standard to Reference Standard 90.1 which shall be determined by the Secretary and the Secretary of Energy using methods of calculation under subsection (d)(2). . (C) Definitions Subsection (c) of section 179D is amended by adding at the end the following new paragraphs: (3) Commercial building The term commercial building means a building with a primary use or purpose other than as residential housing. (4) Multifamily building The term multifamily building means a structure of 5 or more dwelling units with a primary use as residential housing, and includes such buildings owned and operated as a condominium, cooperative, or other common interest community. . (3) Wage and workforce requirements (A) In general Section 179D(c)(1), as amended by paragraph (2), is amended— (i) in subparagraph (C)(iii), by striking and at the end, (ii) in subparagraph (D), by striking the period at the end and inserting , and , and (iii) by adding at the end the following: (E) which satisfies the requirements— (i) subject to subparagraph (B) of subsection (d)(7), under subparagraph (A) of such subsection, and (ii) with respect to the construction of such property, the requirements under section 501 of the Clean Energy for America Act . . (B) Requirements Section 179(d) is amended by adding at the end the following new paragraph: (7) Wage requirements (A) In general The requirements described in this subparagraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the construction of such property shall be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Correction and penalty related to failure to satisfy wage requirements In the case of any taxpayer which fails to satisfy the requirement under subparagraph (A) with respect to any property, rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this paragraph. . (4) Election to use different standards for retrofits Section 179D is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Alternative method for energy efficient retrofit building property (1) In general In the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified building, the amount of the deduction allowed under subsection (a)— (A) shall be determined— (i) by substituting energy usage intensity for total annual energy and power costs in subsection (b)(2), and (ii) without regard to subsection (c)(1)(D), and (B) shall be allowed for the taxable year which includes the date of the qualifying final certification with respect to the qualified retrofit plan of such building in lieu of the taxable year in which the property is placed in service. (2) Qualified building For purposes of this subsection, the term qualified building means a commercial building or multifamily building— (A) which is located in the United States, (B) with respect to which a qualified retrofit plan has been established, and (C) which was originally placed in service not less than 5 years before the establishment of the qualified retrofit plan with respect to such building. (3) Qualified retrofit plan For purposes of this subsection, the term qualified retrofit plan means a written plan prepared by a qualified professional which specifies specific modifications to a building which, in the aggregate, are expected to reduce such building’s energy usage intensity by 25 percent or more in comparison to the baseline energy usage intensity of such building. Such plan shall provide for a qualified professional to— (A) as of any date during the 1-year period ending on the date of the first certification described in subparagraph (B), certify the energy usage intensity of such building as of such date, (B) certify the status of property installed pursuant to such plan as meeting the requirements of subparagraphs (B) and (C) of subsection (c)(1), and (C) as of any date following completion of the plan, certify— (i) the energy usage intensity of such building as of such date, and (ii) the portfolio manager score of such building as of such date. (4) Qualifying final certification For purposes of this subsection, the term qualifying final certification means, with respect to any qualified retrofit plan, the certification described in paragraph (3)(C) if— (A) the energy usage intensity certified in such certification is not more than 75 percent of the baseline energy usage intensity of the building, and (B) the portfolio manager score certified in such certification is not less than 50. (5) Other definitions For purposes of this subsection— (A) Baseline energy usage intensity The term baseline energy usage intensity means the energy usage intensity certified under paragraph (3)(A). (B) Portfolio manager score The term portfolio manager score means the score determined under the methodology (as in effect on the date of the enactment of this Act) developed by the Administrator of the Environmental Protection Agency for rating a building’s energy efficiency for purposes of the Energy Star program. Modifications after the date of the enactment of this paragraph to such methodology shall be taken into account under this paragraph as provided by the Secretary and such Administrator. (C) Energy usage intensity The term energy usage intensity means energy usage intensity determined in accordance with such regulations or other guidance as the Secretary may provide and measured in British thermal units. (D) Qualified professional The term qualified professional means an individual who is a licenced architect or a licenced engineer and meets such other requirements as the Secretary may provide. (6) Certain rules not applicable Paragraphs (1), (5), and (6)(B) of subsection (d) shall not apply for purposes of this subsection. . (c) Other rules (1) Allocation of deduction Section 179D(d)(4) is amended to read as follows: (4) Allocation of deduction (A) In general In the case of energy efficient commercial building property installed on or in property owned by an eligible entity, the Secretary shall promulgate regulations to allow the allocation of the deduction to the person primarily responsible for designing the property in lieu of the owner of such property, with such person to be treated as the taxpayer for purposes of this section. (B) Eligible entity For purposes of this paragraph, the term eligible entity means— (i) a Federal, State, or local government or a political subdivision thereof, (ii) an Indian tribe (as defined in section 45A(c)(6)), or (iii) an organization described in section 501(c) and exempt from tax under section 501(a). . (2) Elimination of interim rule for lighting systems Section 179D , as amended by subsections (a)(2) and (b)(4), is amended by striking subsection (f) and by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. (3) Application to real estate investment trust earnings and profits Section 312(k)(3)(B) is amended— (A) by striking For purposes of computing the earnings and profits of a corporation and inserting the following: (I) In general For purposes of computing the earnings and profits of a corporation, except as provided in clause (ii) , and (B) by adding at the end the following new clause: (II) Special rule In the case of a corporation that is a real estate investment trust, any amount deductible under section 179D shall be allowed in the year in which the property giving rise to such deduction is placed in service. . (d) Effective date The amendments made by this section shall apply to any property placed in service after December 31, 2021. 304. Enhancement of energy credit for geothermal heat pumps (a) In general Section 48(a) is amended— (1) in paragraph (2)(A)(i)(III), by striking paragraph (3)(A)(ii) and inserting clause (ii) or (vii) of paragraph (3)(A) , and (2) in paragraph (3)(A)(vii), by striking but only with respect to property the construction of which begins before January 1, 2024, . (b) Effective date The amendments made by this section shall apply to property the construction of which begins after December 31, 2021. IV Termination of certain fossil fuel provisions 401. Termination of provisions relating to oil, gas, and other materials (a) Amortization of geological and geophysical expenditures Section 167(h) is amended by adding at the end the following new paragraph: (6) Termination This subsection shall not apply to any expenses paid or incurred during any taxable year beginning after the date of the enactment of the Clean Energy for America Act . . (b) Alaska natural gas pipelines Subparagraph (B) of section 168(i)(16) is amended to read as follows: (B) is— (i) (I) placed in service after December 31, 2013, or (II) treated as placed in service on January 1, 2014, if the taxpayer who places such system in service before January 1, 2014, elects such treatment, and (ii) placed in service before the end of the calendar year in which the date of the enactment of the Clean Energy for America Act occurs. . (c) Natural gas gathering line Paragraph (17) of section 168(i) is amended— (1) in subparagraph (A), by inserting which are placed in service before the end of the calendar year in which the date of the enactment of the Clean Energy for America Act occurs and are after pipe, equipment, and appurtenances , and (2) in subparagraph (B), by inserting which are placed in service before the end of the calendar year in which the date of the enactment of the Clean Energy for America Act occurs and are after pipe, equipment, and appurtenances . (d) Repeal of deduction for tertiary injectants Subsection (c) of section 193 is amended— (1) in paragraph (1), by striking or at the end, (2) in paragraph (2), by striking the period at the end and inserting , or , and (3) by inserting at the end the following: (3) which is paid or incurred during any taxable year beginning after the date of the enactment of the Clean Energy for America Act . . (e) Intangible drilling and development costs (1) In general Subsection (c) of section 263 is amended to read as follows: (c) Intangible drilling and development costs in the case of oil and gas wells and geothermal wells (1) In general Notwithstanding subsection (a), and except as provided in subsection (i), regulations shall be prescribed by the Secretary under this subtitle corresponding to the regulations which granted the option to deduct as expenses intangible drilling and development costs in the case of oil and gas wells and which were recognized and approved by the Congress in House Concurrent Resolution 50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. (2) Exclusion (A) In general This subsection shall not apply to amounts paid or incurred by a taxpayer with regard to any oil or gas well in any taxable year beginning after the date of the enactment of the Clean Energy for America Act . (B) Amortization of excluded amounts The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection. . (2) Conforming amendments (A) Section 291(b) is amended— (i) in paragraph (1), by striking without regard to this section) and all that follows and inserting without regard to this section) under section 616(a) or 617(a) shall be reduced by 30 percent. , (ii) in paragraph (2), by striking section 263(c), 616(a), or 617(a) and inserting section 616(a) or 617(a) , (iii) by striking paragraph (4), and (iv) by redesignating paragraph (5) as paragraph (4). (B) Section 57(a) is amended by striking paragraph (2). (f) Percentage depletion (1) Percentage depletion of oil and gas wells, coal, lignite, and oil shale (A) In general Section 613 is amended— (i) in subsection (a), by striking (100 percent in the case of oil and gas properties) , (ii) in subsection (b)— (I) by striking paragraph (2) and inserting the following: (2) 15 percent If from deposits in the United States, gold, silver, copper, and iron ore. , (II) in paragraph (4), by striking coal, lignite, , (III) in paragraph (5), by inserting (except oil shale) after clay and shale , (IV) in paragraph (6)(A), by striking (except shale described in paragraph (2)(B) or (5)) and inserting (except oil shale and shale described in paragraph (5)) , and (V) in paragraph (7), by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ; or , and by adding at the end the following new subparagraph: (D) coal, lignite, and oil shale. , (iii) in subsection (c)(1), striking other than an oil or gas well and , (iv) in subsection (c)(4)— (I) by striking subparagraphs (A) and (H), (II) by inserting and at the end of subparagraph (G), (III) by redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively, and (IV) by redesignating subparagraph (I) as subparagraph (G), (v) in subsection (d), by striking Except as provided in section 613A, in the case of and inserting In the case of , and (vi) in subsection (e)(2), by striking or section 613A . (B) Conforming amendments (i) Section 291(a)(2) is amended by striking and coal (including lignite) . (ii) (I) Part I of subchapter I of chapter 1 is amended by striking section 613A (and the item relating to such section in the table of sections). (II) Section 45H(d) is amended by striking section 613A(d)(3) and inserting section 167(h)(5)(C) . (III) Section 57(a)(1) is amended by striking the last sentence. (IV) Section 167(h)(5) is amended— (aa) by striking subparagraph (B)(iii) and inserting the following: (iii) which— (I) engages (by itself or with a related person) in the refining of crude oil, and (II) together with related persons, has average daily refinery runs for the taxable year (determined by dividing the aggregate refinery runs for the taxable year by the number of days in the taxable year) in excess of 75,000 barrels. , and (bb) by adding at the end the following new subparagraph: (C) Related person For purposes of subparagraph (B)(iii), a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term significant ownership interest means— (i) with respect to any corporation, 15 percent or more in value of the outstanding stock of such corporation, (ii) with respect to a partnership, 15 percent or more interest in the profits or capital of such partnership, and (iii) with respect to an estate or trust, 15 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be. . (V) Section 703(a)(2) is amended by inserting and at the end of subparagraph (D), by striking , and at the end of subparagraph (E) and inserting a period, and by striking subparagraph (F). (VI) Section 705(a) is amended by inserting and at the end of paragraph (1)(C), by striking ; and at the end of paragraph (2)(B) and inserting a period, and by striking paragraph (3). (VII) Section 1202(e)(3)(D) is amended by striking or 613A . (VIII) Section 1367(a)(2) is amended by inserting and at the end of subparagraph (C), by striking , and at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (iii) Section 993(c)(2)(C) is amended by striking (including oil, gas, coal, or uranium products) under section 613 or 613A and inserting (including uranium products) under section 613 . (iv) Section 1446(c)(2) is amended by striking but the amount of such deduction shall be determined without regard to sections 613 and 613A . (2) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (g) Termination of capital gains treatment for royalties from coal (1) In general Subsection (c) of section 631 is amended— (A) by striking coal (including lignite), or iron ore and inserting iron ore , (B) by striking coal or iron ore each place it appears and inserting iron ore , (C) by striking iron ore or coal each place it appears and inserting iron ore , and (D) by striking coal or in the heading. (2) Conforming amendments (A) Section 272 is amended by striking coal or each place it appears. (B) Section 1402(a)(3)(B) is amended by striking coal, . (C) (i) The heading of section 631 is amended by striking , coal, . (ii) The item relating to section 631 in the table of sections for part III of subchapter I of chapter 1 is amended by striking , coal, . (3) Effective date The amendments made by this subsection shall apply to dispositions after the date of the enactment of this Act. (h) Enhanced oil recovery credit (1) In general Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 43. (2) Conforming amendments (A) Section 38(b) is amended by striking paragraph (6). (B) (i) Section 45Q(e) is amended by adding at the end the following new paragraph: (4) Inflation adjustment factor The term inflation adjustment factor means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 2008. For purposes of the preceding sentence, the term GNP implicit price deflator means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year. . (ii) Section 45Q , as amended by this Act, is amended in subsection (b)(1) by striking determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 each place it appears in subparagraph (A)(ii) and (B)(ii) and inserting determined under subsection (e)(4) by substituting 2025 for 2008 . (C) Section 196(c) is amended— (i) by striking paragraph (5), and (ii) by redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (3) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (i) Credit for producing oil and gas from marginal wells (1) In general Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 45I. (2) Conforming amendment Section 38(b) is amended by striking paragraph (19). (3) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (j) Qualifying advanced coal project credit (1) In general Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48A. (2) Conforming amendments (A) Section 46 , as amended by section 102 of this Act, is amended by striking paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. (B) Section 49(a)(1)(C), as amended by section 102 of this Act, is amended by striking clause (iii) and redesignating clauses (iv) through (vii) as clauses (iii) through (vi), respectively. (C) Section 50(a)(2)(E), as amended by section 102 of this Act, is amended by striking 48A(b)(3), . (3) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (k) Qualifying gasification project credit (1) In general Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48B. (2) Conforming amendments (A) Section 46 , as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (B) Section 49(a)(1)(C), as amended by this Act, is amended by striking clause (iii) and redesignating clauses (iv) through (vi) as clauses (iii) through (v). (C) Section 50(a)(2)(E), as amended by this Act, is amended by striking 48B(b)(3), . (3) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (l) Repeal of passive loss exception for oil and gas interests (1) In general Section 469(c)(3)(A) is amended— (A) by striking The term and inserting the following: (i) Exception The term . (B) by adding at the end the following new clause: (ii) Termination Clause (i) shall not apply to any taxable year beginning after the date of the enactment of the Clean Energy for America Act. . (2) Conforming amendment Section 469(c)(4) is amended by striking Paragraphs (2) and (3) and inserting Paragraphs (2) and (3)(A)(i) . (m) Repeal of corporate income tax exemption for publicly traded partnerships with qualifying income and gains from activities relating to fossil fuels (1) In general Section 7704(d)(1) is amended— (A) in subparagraph (E), by striking (including pipelines transporting gas, oil, or products thereof) , and (B) in the flush matter at the end, by inserting or any coal, gas, oil, or products thereof before the period. (2) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. 402. Modification of certain provisions relating to oil, gas, and other fossil fuels (a) Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (1) In general Section 901 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (2) Effective Date (A) In general The amendments made by this subsection shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (B) Contrary treaty obligations upheld The amendments made by this subsection shall not apply to the extent contrary to any treaty obligation of the United States. (b) Reinstatement of treatment of foreign base company oil related income as foreign base company income (1) In general Section 954(a) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the foreign base company oil related income for the taxable year (determined under subsection (g) and reduced as provided in subsection (b)(5)). . (2) Foreign base company oil related income Section 954 is amended by inserting before subsection (h) the following new subsection: (g) Foreign base company oil related income For purposes of this section— (1) In general Except as otherwise provided in this subsection, the term foreign base company oil related income means foreign oil related income (within the meaning of paragraphs (2) and (3) of section 907(c)) other than income derived from a source within a foreign country in connection with— (A) oil or gas which was extracted from an oil or gas well located in such foreign country, or (B) oil, gas, or a primary product of oil or gas which is sold by the foreign corporation or a related person for use or consumption within such country or is loaded in such country on a vessel or aircraft as fuel for such vessel or aircraft. Such term shall not include any foreign personal holding company income (as defined in subsection (c)). (2) Paragraph (1) applies only where corporation has produced 1,000 barrels per day or more (A) In general The term foreign base company oil related income shall not include any income of a foreign corporation if such corporation is not a large oil producer for the taxable year. (B) Large oil producer For purposes of subparagraph (A), the term large oil producer means any corporation if, for the taxable year or for the preceding taxable year, the average daily production of foreign crude oil and natural gas of the related group which includes such corporation equaled or exceeded 1,000 barrels. (C) Related group The term related group means a group consisting of the foreign corporation and any other person who is a related person with respect to such corporation. (D) Average daily production of foreign crude oil and natural gas For purposes of this paragraph, the average daily production of foreign crude oil or natural gas of any related group for any taxable year (and the conversion of cubic feet of natural gas into barrels) shall be determined under rules similar to the rules of section 613A (as in effect on the day before the date of enactment of the Clean Energy for America Act ) except that only crude oil or natural gas from a well located outside the United States shall be taken into account. . (3) Conforming amendments (A) Section 952(c)(1)(B)(iii) is amended by redesignating subclauses (I) through (IV) as subclauses (II) through (V), respectively, and by inserting before subclause (II) (as redesignated) the following new subclause: (I) foreign base company oil related income, . (B) Section 954(b) is amended— (i) in paragraph (4), by inserting at the end the following new sentence: The preceding sentence shall not apply to foreign base company oil-related income described in subsection (a)(4). , (ii) in paragraph (5), by striking and the foreign base company services income and inserting the foreign base company services income, and the foreign base company oil related income , and (iii) by adding at the end the following new paragraph: (6) Foreign base company oil related income not treated as another kind of base company income Income of a corporation which is foreign base company oil related income shall not be considered foreign base company income of such corporation under paragraph (2) or (3) of subsection (a). . (4) Effective date The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (c) Inclusion of foreign oil and gas extraction income in tested income for purpose of determining global intangible low-taxed income (1) In general Section 951A(c)(2)(A)(i) is amended by inserting and at the end of subclause (III), by striking and at the end of subclause (IV) and inserting over , and by striking subclause (V). (2) Effective date The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such tax years of foreign corporations end. (d) Clarification of tar sands as crude oil for excise tax purposes (1) In general Paragraph (1) of section 4612(a) is amended to read as follows: (1) Crude oil The term crude oil includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale). . (2) Technical amendment Paragraph (2) of section 4612(a) is amended by striking from a well located . (3) Effective date The amendments made by this subsection shall apply to oil and petroleum products received, entered, used, or exported after December 31, 2021. V Workforce development requirements 501. Use of qualified apprentices (a) In general All contractors and subcontractors engaged in the performance of construction, alteration, or repair work on any applicable project shall, subject to subsection (b), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices. (b) Apprentice-to-journeyworker ratio The requirement under subsection (a) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. (c) Participation Each contractor and subcontractor who employs 4 or more individuals to perform construction, alteration, or repair work on an applicable project shall employ 1 or more qualified apprentices to perform such work. (d) Exception Notwithstanding any other provision in this section, this section shall not apply in the case of a taxpayer who— (1) (A) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work; and (B) makes a good faith effort to comply with the requirements of this section; or (2) in the case of any failure by the taxpayer to satisfy the requirement under subsection (a) with respect to the construction, alteration, or repair work on any applicable project to which paragraph (1) does not apply, makes payment to the Secretary of the Treasury (or the Secretary's delegate) of a penalty in an amount equal to the product of— (A) $500, multiplied by (B) the total labor hours for which the requirement described in such subsection was not satisfied with respect to the construction, alteration, or repair work on such applicable project. (e) Definitions In this section: (1) Applicable project The term applicable project means, with respect to— (A) subsection (e)(7)(A)(ii) of section 30C of the Internal Revenue Code of 1986, (B) subsection (f)(9)(A)(ii) of section 45Q of such Code, (C) subsection (b)(1)(A)(iv)(II) of section 45U of such Code, (D) subsection (e)(4)(A)(ii)(II) of section 45V of such Code, (E) subsection (d)(3)(A)(i)(II)(bb) of section 45X of such Code, (F) subsection (d)(3)(A)(ii)(II) of section 48C of such Code, (G) subsections (b)(3)(A)(iv)(II) and (c)(1)(B)(ii) of section 48D of such Code, and (H) subsection (c)(1)(E)(ii) of section 179D of such Code, any property, equipment, or facility for which a credit is allowed or determined under such sections. (2) Labor hours The term labor hours — (A) means the total number of hours devoted to the performance of construction, alteration, or repair work by employees of the contractor or subcontractor; and (B) excludes any hours worked by— (i) foremen; (ii) superintendents; (iii) owners; or (iv) persons employed in a bona fide executive, administrative, or professional capacity (within the meaning of those terms in part 541 of title 29, Code of Federal Regulations). (3) Qualified apprentice The term qualified apprentice means an individual who is an employee of the contractor or subcontractor and who is participating in a registered apprenticeship program, as defined in section 3131(e)(3)(B) of the Internal Revenue Code of 1986. VI Miscellaneous 601. Adjustment of qualifying advanced energy project credit (a) In general Section 48C is amended— (1) in subsection (c)(1)— (A) in subparagraph (A)— (i) by inserting , any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section after means a project , (ii) in clause (i)— (I) by striking a manufacturing facility for the production of and inserting an industrial or manufacturing facility for the production or recycling of , (II) in clause (I), by inserting water, after sun, , (III) in clause (II), by striking an energy storage system for use with electric or hybrid-electric motor vehicles and inserting energy storage systems and components , (IV) in clause (III), by striking grids to support the transmission of intermittent sources of renewable energy, including storage of such energy and inserting grid modernization equipment or components , (V) in subclause (IV), by striking and sequester carbon dioxide emissions and inserting , remove, use, or sequester carbon oxide emissions , (VI) by striking subclause (V) and inserting the following: (V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is— (aa) renewable, or (bb) low-carbon and low-emission, , (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: (VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), (VII) light-, medium-, or heavy-duty electric or fuel cell vehicles, as well as— (aa) technologies, components, or materials for such vehicles, and (bb) associated charging or refueling infrastructure, (VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or , and (X) in subclause (IX), as so redesignated, by striking and at the end and inserting or , and (iii) by striking clause (ii) and inserting the following: (ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of— (I) low- or zero-carbon process heat systems, (II) carbon capture, transport, utilization and storage systems, (III) energy efficiency and reduction in waste from industrial processes, or (IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary. . (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) Additional qualifying advanced energy projects The term qualifying advanced energy project shall also include any project described in subparagraph (A) which is located in a census tract— (i) which, prior to the date of enactment of the Clean Energy for America Act , had no projects which received a certification and allocation of credits under subsection (d), and (ii) (I) in which, after December 31, 1999, a coal mine has closed, (II) in which, after December 31, 2009, a coal-fired electric generating unit has been retired, or (III) which is immediately adjacent to a census tract described in subclause (I) or (II). , (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking this section and inserting the Clean Energy for America Act , and (ii) by striking subparagraph (B) and inserting the following: (B) Limitations (i) Initial allocation The total amount of credits that may be allocated under the program prior to the date of enactment of the Clean Energy for America Act shall not exceed $2,300,000,000. (ii) Additional allocation The total amount of credits that may be allocated under the program on or after to the date of enactment of the Clean Energy for America Act shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). , (B) in paragraph (2)— (i) in subparagraph (A), by striking 2-year and inserting 3-year , (ii) in subparagraph (B)— (I) by striking 1 year and inserting 18 months , and (II) by adding at the end the following new sentence: Not later than 180 days after the date on which such evidence was provided by the applicant, the Secretary shall determine whether the requirements of the certification have been met. , and (iii) by adding at the end the following new subparagraph: (D) Location of project In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. , (C) in paragraph (3)— (i) by striking subparagraph (A) and inserting the following: (A) shall take into consideration only those projects— (i) for which there is a reasonable expectation of commercial viability, and (ii) which— (I) satisfies the requirements under paragraph (6), and (II) with respect to the re-equipping, expansion, or establishment of an industrial or manufacturing facility, satisfies the requirements under section 501 of the Clean Energy for America Act , and , and (ii) in subparagraph (B)— (I) by striking clauses (i) and (ii) and inserting the following: (i) will provide the greatest net impact in avoiding or reducing anthropogenic emissions of greenhouse gases (or, in the case of a project described in subsection (c)(1)(A)(ii), will provide the greatest reduction of greenhouse gas emissions as compared to current best practices), (ii) will provide the greatest domestic job creation (both direct and indirect) during the credit period, , (II) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and (III) by inserting after clause (ii) the following new clause: (iii) will provide the greatest job creation within the vicinity of the project, particularly with respect to— (I) low-income communities (as defined in section 45D(e)), and (II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining, , (D) in paragraph (4)— (i) by striking subparagraph (A) and inserting the following: (A) Review and report Not later than 4 years after the date of enactment of the Clean Energy for America Act , the Secretary shall— (i) review the credits allocated under this section as of such date, and (ii) submit a report regarding the allocation of such credits to— (I) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate, and (II) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives. , and (ii) by adding at the end the following new subparagraph: (D) Special rule For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. , and (E) by adding at the end the following: (6) Wage requirements (A) In general The requirements described in this subparagraph with respect to any project are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the re-equipping, expansion, or establishment of an industrial or manufacturing facility shall be paid wages at rates not less than the prevailing rates for construction or alteration of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Correction and penalty related to failure to satisfy wage requirements In the case of any taxpayer which fails to satisfy the requirement under subparagraph (A) with respect to any project— (i) rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this paragraph, and (ii) if the failure to satisfy the requirement under subparagraph (A) is not corrected pursuant to the rules described in clause (i), the certification with respect to such project shall no longer be valid. , (3) in subsection (e), by striking 48, 48A, or 48B and inserting 45Q, 48, 48A, 48B, or 48D , and (4) by adding at the end the following: (f) Special rule for property financed by subsidized energy financing or industrial development bonds Rules similar to the rules in section 48(a)(4) shall apply for purposes of this section. (g) Technical assistance For purposes of assisting with applications for certification under subsection (d), the Secretary of Energy shall provide technical assistance to any State (or political subdivision thereof), tribe, or economic development organization which, prior to the date of enactment of the Clean Energy for America Act — (1) had no applicants for certification under such subsection, or (2) had less than 2 qualifying advanced energy projects which received an allocation of credits under such subsection. (h) Election for direct payment (1) In general In the case of any eligible property placed in service during any taxable year which is part of a qualifying advanced energy project, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Form and effect of election (A) In general An election under paragraph (1) shall be made as part of the application for certification under subsection (d)(2)(A) and in such manner as the Secretary may prescribe. Such election, once made, shall— (i) be irrevocable with respect to the eligible property to which such election applies, and (ii) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. (B) Additional information For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. (3) Application to partnerships and S corporations; excess payments Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. (4) Special rules for certain entities (A) Eligibility of certain property For purposes of this subsection, paragraphs (3) and (4) of section 50(b) shall not apply with respect to— (i) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), (ii) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or (iii) an Indian tribal government (as defined in section 139E(c)(1)). (B) Certain entities treated as taxpayers In the case of an election under this subsection, any entity described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). . (b) Authorization of appropriations To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2021. 602. Issuance of exempt facility bonds for qualified carbon dioxide capture facilities (a) In general Section 142 is amended— (1) in subsection (a)— (A) in paragraph (14), by striking or at the end, (B) in paragraph (15), by striking the period at the end and inserting , or , and (C) by adding at the end the following new paragraph: (16) qualified carbon dioxide capture facilities. , and (2) by adding at the end the following new subsection: (n) Qualified carbon dioxide capture facility (1) In general For purposes of subsection (a)(16), the term qualified carbon dioxide capture facility means— (A) the eligible components of an industrial carbon dioxide facility, and (B) a direct air capture facility (as defined in section 45Q(e)(1)). (2) Definitions In this subsection: (A) Eligible component (i) In general The term eligible component means any equipment installed in an industrial carbon dioxide facility which is— (I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or (II) integral or functionally related and subordinate to a process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon dioxide and hydrogen for direct use or subsequent chemical or physical conversion. (ii) Definitions For purposes of this subparagraph— (I) Biomass (aa) In general The term biomass means any— (AA) agricultural or plant waste, (BB) byproduct of wood or paper mill operations, including lignin in spent pulping liquors, and (CC) other products of forestry maintenance. (bb) Exclusion The term biomass does not include paper which is commonly recycled. (II) Coal The term coal means anthracite, bituminous coal, subbituminous coal, lignite, and peat. (B) Industrial carbon dioxide facility (i) In general Except as provided in clause (ii), the term industrial carbon dioxide facility means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: (I) Fuel combustion. (II) Gasification. (III) Bioindustrial. (IV) Fermentation. (V) Any manufacturing industry relating to— (aa) chemicals, (bb) fertilizers, (cc) glass, (dd) steel, (ee) petroleum residues, (ff) forest products, (gg) agriculture, including feedlots and dairy operations, and (hh) transportation grade liquid fuels. (ii) Exceptions For purposes of clause (i), an industrial carbon dioxide facility shall not include— (I) any geological gas facility, or (II) any air separation unit that— (aa) does not qualify as gasification equipment, or (bb) is not a necessary component of an oxy-fuel combustion process. (iii) Definitions In this subparagraph— (I) Petroleum residue The term petroleum residue means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing. (II) Geological gas facility The term geological gas facility means a facility that— (aa) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, (bb) transports or removes impurities from such product, or (cc) separates such product into its constituent parts. (3) Special rule for facilities with less than 65 percent capture and storage percentage (A) In general An eligible component of an industrial carbon dioxide facility with a capture and storage percentage that is less than 65 percent shall only be treated as a qualified carbon dioxide facility with respect to the percentage of the costs attributable to such eligible component which is equal to the capture and storage percentage of such facility. (B) Capture and storage percentage (i) In general Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of— (I) the total metric tons of carbon dioxide annually captured, transported, and injected into— (aa) a facility for geologic storage, or (bb) an enhanced oil or gas recovery well followed by geologic storage, divided by (II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility. (ii) Limited application of eligible components In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof. (4) Regulations The Secretary shall issue such regulations or other guidance as are necessary to carry out the provisions of this subsection, including methods for determining costs attributable to an eligible component for purposes of paragraph (3)(A). . (b) Volume cap Section 146(g)(4) is amended by striking paragraph (11) of section 142(a) (relating to high-speed intercity rail facilities) and inserting paragraph (11) or (16) of section 142(a) . (c) Clarification of private business use Section 141(b)(6) is amended by adding at the end the following new subparagraph: (C) Clarification relating to qualified carbon dioxide capture facilities For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(n)) which is owned by a governmental unit shall not constitute private business use. . (d) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2021. 603. Limitation on importation of certain energy equipment and components (a) In general The importation of an article described in subsection (b) is prohibited unless the United Nations certifies that the article is not mined or otherwise produced using forced labor or child labor. (b) Articles described An article described in this subsection is a solar cell, a wind turbine, energy storage equipment, or a component for such equipment. 604. Elimination of negative effects on small businesses and certain individual taxpayers (a) In general In the case of any taxable year beginning after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall pay to each applicable eligible taxpayer an amount equal to the excess (if any) of— (1) the tax imposed under chapter 1 of the Internal Revenue Code of 1986 (determined after the application of the amendments made by this Act which are in effect for such taxable year), over (2) the tax imposed under such chapter on such taxpayer for such taxable year (determined without regard to the amendments made by this Act). (b) Applicable eligible taxpayer For purposes of this section— (1) In general The term applicable eligible taxpayer means, with respect to any taxable year, any eligible taxpayer who establishes to the satisfaction of the Secretary of the Treasury (or the Secretary's delegate) that there is an excess described in subsection (a) with respect to such taxpayer. (2) Eligible taxpayer (A) In general The term eligible taxpayer means, with respect to any taxable year— (i) an individual with an adjusted gross income of not more than $400,000, and (ii) any employer that has an average number of fewer than 500 employees for the taxable year. (B) Aggregation rules For purposes of subparagraph (A)(ii), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one employer. (C) Special rule for pass-thru entities In the case of a partnership, S corporation, or other pass-thru entity that is described in subparagraph (A)(ii)— (i) any partner, shareholder, or other applicable individual who is not described in subparagraph (A)(i) shall be treated as an eligible taxpayer, and (ii) the amount of the excess described under subsection (a) of such partner, shareholder, or other applicable individual shall be determined by only taking into account the income, gain, loss, deduction, or credit of such partnership, S corporation, or other pass-thru entity. For purposes of the preceding sentence, the term applicable individual means, with respect to any pass-thru entity, any individual to whom the income, gain, loss, or deduction of such entity is attributed for tax purposes. (c) Treatment of payments The amount of any payment under subsection (a) shall be treated as a refund of taxes due from a provision described in section 1324(b)(2) of title 31, United States Code. (d) Regulations The Secretary of the Treasury (or the Secretary's delegate) shall issue such regulations or other guidance as are necessary to carry out the provisions of this section.
June 21, 2021 Read the second time and placed on the calendar
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https://www.govinfo.gov/content/pkg/BILLS-117s2118pcs/xml/BILLS-117s2118pcs.xml
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117-s-2119
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II 117th CONGRESS 1st Session S. 2119 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Rubio (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes.
1. Short title This Act may be cited as the Combating BDS Act of 2021 . 2. Nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories (a) State and local measures Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (c) to divest the assets of the State or local government from, prohibit investment of the assets of the State or local government in, or restrict contracting by the State or local government for goods and services with— (1) an entity that the State or local government determines, using credible information available to the public, knowingly engages in an activity described in subsection (b); (2) a successor entity or subunit of an entity described in paragraph (1); or (3) an entity that owns or controls or is owned or controlled by an entity described in paragraph (1). (b) Activities described An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. (c) Requirements A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice The State or local government shall provide written notice— (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (2) Timing A measure relating to divestment or investment shall apply to an entity not earlier than the date that is 90 days after the date on which written notice is provided to the entity under paragraph (1). (3) Opportunity for comment In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (4) Disclosure in contracting measures The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. (5) Sense of Congress on avoiding erroneous targeting It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). (d) Notice to Department of Justice (1) In general Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. (2) Existing measures With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (e) Nonpreemption A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (f) Prior enacted measures (1) In general Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). (2) Application of notice and opportunity for comment Enforcement of a measure described in paragraph (1) shall be subject to the requirements of subsection (c) on and after the date that is 2 years after the date of the enactment of this Act. (g) Rules of construction (1) Authority of States Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq. ) (commonly known as the McCarran-Ferguson Act ). (2) Policy of the United States Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Palestinian-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (h) Definitions In this section: (1) Assets (A) In general Except as provided in subparagraph (B), the term assets means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception The term assets does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ). (2) Entity The term entity includes— (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) )). (3) Investment The term investment includes— (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (4) 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. (5) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government The term State or local government includes— (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. Safe harbor for changes of investment policies by asset managers Section 13(c)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–13(c)(1) ) is amended— (1) in subparagraph (A), by striking ; or and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021 . . 4. Sense of Congress regarding certain ERISA plan investments It is the sense of Congress that— (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if— (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with— (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1) ). 5. Rule of construction Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.
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https://www.govinfo.gov/content/pkg/BILLS-117s2119is/xml/BILLS-117s2119is.xml
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117-s-2120
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II 117th CONGRESS 1st Session S. 2120 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Rubio (for himself, Ms. Cantwell , Ms. Rosen , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the United States–Israel Artificial Intelligence Center to improve artificial intelligence research and development cooperation.
1. Short title This Act may be cited as the United States–Israel Artificial Intelligence Center Act . 2. Establishment of Center (a) In general The Secretary of State, in consultation with the Secretary of Commerce, the Director of the National Science Foundation, and the heads of other relevant Federal agencies, shall establish the United States–Israel Artificial Intelligence Center (referred to in this section as the Center ) in the United States. (b) Purpose The purpose of the Center shall be to leverage the experience, knowledge, and expertise of institutions of higher education and private sector entities in the United States and Israel to develop more robust research and development cooperation in the areas of— (1) machine learning; (2) image classification; (3) object detection; (4) speech recognition; (5) natural language processing; (6) data labeling; (7) computer vision; and (8) model explainability and interpretability. (c) Artificial intelligence principles In carrying out the purposes set forth in subsection (b), the Center shall adhere to the principles for the use of artificial intelligence in the Federal Government set forth in section 3 of Executive Order 13960 (85 Fed. Reg. 78939). (d) International partnerships (1) In general The Secretary of State and the heads of other relevant Federal agencies, subject to the availability of appropriations, may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department of State or such agencies and the Government of Israel and its ministries, offices, and institutions. (2) Federal share Not more than 50 percent of the costs of implementing the agreements entered into pursuant to paragraph (1) may be paid by the United States Government. (e) Authorization of appropriations There is authorized to be appropriated for the Center $10,000,000 for each of the fiscal years 2022 through 2026.
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https://www.govinfo.gov/content/pkg/BILLS-117s2120is/xml/BILLS-117s2120is.xml
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117-s-2121
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II 117th CONGRESS 1st Session S. 2121 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Cornyn (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To develop best practice guidelines for the use of dogs in Federal courts, and for other purposes.
1. Short title This Act may be cited as the Courtroom Dogs Act . 2. Best practice guidelines for the use of dogs in Federal courts (a) Definition of qualified training organization In this section, the term qualified training organization means an organization that— (1) meets the requirements of section 501(c)(3) of the Internal Revenue Code of 1986; (2) is exempt from taxation under section 501(a) of such Code; and (3) includes staff members with knowledge about— (A) the criminal justice system; and (B) the breeding, training, and placement of facility dog teams that have graduated from a qualified assistance dog organization. (b) Best practice guidelines Not later than 18 months after the date of enactment of this Act, the Attorney General shall develop and publish best practices for the use of dogs to provide support for defendants, complainants, and witnesses in Federal courtrooms and grand jury rooms, which shall include guidelines for— (1) avoiding prejudice; (2) addressing whether and when dog handlers should be required, and what training, credentials, or experience should be required; (3) stating what experience, training, or certification should be required for the dogs; (4) addressing liability concerns; and (5) ensuring the dog or handler will not unduly interfere with the management of the case or any other court operations. (c) Consultation In carrying out subsection (b), the Attorney General may consult with the judiciary branch, Federal, State, and local law enforcement agencies and prosecutors, defense-side professionals, and experts in the field, including a qualified training organization. (d) Guidelines Not later than 60 days after the date on which the best practice guidelines required under subsection (b) are published, the Attorney General shall issue guidance informing all United States attorneys of the best practice guidelines and recommending the implementation of the guidelines. (e) Rules of construction Nothing in this section shall be construed to prevent a court of the United States from— (1) providing any other accommodation to a witness or other person in accordance with applicable law; or (2) retaining control of the courtroom.
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https://www.govinfo.gov/content/pkg/BILLS-117s2121is/xml/BILLS-117s2121is.xml
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117-s-2122
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II 117th CONGRESS 1st Session S. 2122 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Wyden (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to regulate the use of cell-site simulators, and for other purposes.
1. Short title This Act may be cited as the Cell-Site Simulator Warrant Act of 2021 . 2. Prohibition on cell-site simulator use (a) Prohibition Chapter 205 of title 18, United States Code, is amended by adding at the end the following: 3119. Cell-site simulators (a) Prohibition of use (1) In general Except as provided in subsection (d), it shall be unlawful— (A) for any individual or entity to knowingly use a cell-site simulator in the United States; or (B) for an element of the intelligence community to use a cell-site simulator outside the United States if the subject of the surveillance is a United States person. (2) Rule of construction Nothing in paragraph (1) shall be construed to authorize a law enforcement agency of a governmental entity to use a cell-site simulator outside the United States. (b) Penalty Any individual or entity that violates subsection (a)(1) shall be fined not more than $250,000. (c) Prohibition of use as evidence (1) In general Except as provided in paragraph (2), no information acquired through the use of a cell-site simulator in violation of subsection (a)(1), and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (2) Exception for enforcement Information acquired through the use of a cell-site simulator in violation of subsection (a)(1) by a person, and evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding described in paragraph (1) of this subsection relating to the alleged violation of subsection (a)(1) in connection with such use. (d) Exceptions (1) In general (A) Warrant (i) In general Subsection (a)(1) shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity under a warrant issued— (I) in accordance with this subparagraph; and (II) using the procedures described in, and in accordance with the requirements for executing and returning a warrant under, the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant and execution and return procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title and in accordance with the requirements for executing and returning such a warrant, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. (ii) Requirements A court may issue a warrant described in clause (i) (except, with respect to a State court, to the extent use of a cell-site simulator by a law enforcement agency of a governmental entity is prohibited by the law of the State) only if the law enforcement agency— (I) demonstrates that other investigative procedures, including electronic location tracking methods that solely collect records of the investigative target— (aa) have been tried and have failed; or (bb) reasonably appear to be— (AA) unlikely to succeed if tried; or (BB) too dangerous; (II) specifies the likely area of effect of the cell-site simulator to be used and the time that the cell-site simulator will be in operation; (III) certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information; and (IV) demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and the rules of the Federal Communications Commission. (iii) Considerations In considering an application for a warrant described in clause (i), the court shall— (I) weigh the need of the government to enforce the law and apprehend criminals against the likelihood and impact of any potential negative side effects disclosed by the government under subparagraph (C); and (II) not grant a request for a warrant that would put public safety at risk or unreasonably inconvenience the community. (iv) Period of initial authorization No warrant described in clause (i) may authorize the use of a cell site simulator for any period longer than is necessary to achieve the objective of the authorization, nor in any event for longer than 30 days. (v) Extensions (I) In general A court may grant extensions of a warrant described in clause (i), but only upon application for an extension made in accordance with clause (i) and the court considering the factors described in clause (iii) and determining the requirements under clause (ii) are met. (II) Period of extension The period of an extension of a warrant shall be no longer than the authorizing judge determines necessary to achieve the purposes for which the extension was granted, nor in any event for longer than 30 days. (vi) Termination provision Each warrant described in clause (i), and each extension thereof, shall contain a provision that the authorization to use the cell site simulator shall be executed as soon as practicable and shall terminate upon attainment of the authorized objective, or in any event in 30 days. (vii) Start of 30-day periods The 30-day periods described in clauses (iv), (v)(II), and (vi) shall begin on the earlier of— (I) the date on which a law enforcement agency first begins to use the cell site simulator as authorized by the warrant, or extension thereof; or (II) the date that is 10 days after the warrant, or extension thereof, is issued. (B) Emergency (i) In general Subject to clause (ii), subsection (a)(1) shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity, or use of a cell-site simulator as part of assistance provided by a component of the Department of Defense or an Armed Force to such a law enforcement agency, if— (I) the governmental entity reasonably determines an emergency exists that— (aa) involves— (AA) immediate danger of death or serious physical injury to any person; (BB) conspiratorial activities characteristic of organized crime; or (CC) an immediate threat to a national security interest; and (bb) requires use of a cell-site simulator before a warrant described in subparagraph (A) can, with due diligence, be obtained; and (II) except in an instance in which the governmental entity is trying to locate a lost or missing person, locate someone believed to have been abducted or kidnaped, or find victims, dead or alive, in an area where a natural disaster, terrorist attack, or other mass casualty event has taken place— (aa) there are grounds upon which a warrant described in subparagraph (A) could be entered to authorize such use; and (bb) the governmental entity applies for a warrant described in subparagraph (A) approving such use not later than 48 hours after such use begins, and takes such steps to expedite the consideration of such application as may be possible. (ii) Termination of emergency use (I) In general A law enforcement agency of a governmental entity shall immediately terminate use of a cell-site simulator under clause (i) of this subparagraph at the earlier of the time the information sought is obtained or the time the application for a warrant described in subparagraph (A) is denied. (II) Warrant denied If an application for a warrant described in clause (i)(II)(bb) is denied— (aa) any information or evidence derived from use of the cell-site simulator shall be— (AA) subject to subsection (c); and (BB) promptly destroyed by the applicable law enforcement agency; and (bb) the applicable law enforcement agency shall serve an inventory on each person named in the application. (C) Disclosures required in application In any application for a warrant authorizing the use of a cell-site simulator under subparagraph (A) or (B), the governmental entity shall include the following: (i) A disclosure of any potential disruption of the ability of the subject of the surveillance or bystanders to use commercial mobile radio services or private mobile services, including using advanced communications services, to make or receive, as applicable— (I) emergency calls (including 9–1–1 calls); (II) calls to the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under designated under paragraph (4) of section 251(e) of the Communications Act of 1934 ( 47 U.S.C. 251(e) ), as added by the National Suicide Hotline Designation Act of 2020 ( Public Law 116–172 ; 134 Stat. 832); (III) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act ( 42 U.S.C. 300d–71 ); (IV) calls using telecommunications relay services; or (V) any other communications or transmissions. (ii) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under clause (i). (iii) A disclosure of the methods and precautions that will be used to minimize disruption, including— (I) any limit on the length of time the cell-site simulator can be in continuous operation; and (II) any user-defined limit on the transmission range of the cell-site simulator. (iv) A disclosure as to whether the cell-site simulator will primarily be used at a gathering where constitutionally protected activity, including speech, will occur. (D) Notice (i) In general Within a reasonable time, but, subject to clause (ii), not later than 90 days after the filing of an application for a warrant authorizing the use of a cell-site simulator which is denied or the termination of the period of such a warrant, or extensions thereof, the issuing or denying judge shall cause to be served on the persons named in the warrant or the application, and, as the judge may determine, in the discretion of the judge, is in the interest of justice, other persons about whose devices the government obtained information with the cell site simulator, an inventory which shall include notice of— (I) the fact of the entry of the warrant or the application; (II) the date of the entry and the period of authorized, approved or disapproved use of a cell-site simulator, or the denial of the application; and (III) whether, during the period— (aa) information about their device was, or was not, obtained by the government; (bb) their location was, or was not, tracked; and (cc) their communications were, or were not, intercepted. (ii) Delay of notice On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventory required under clause (i) may be postponed. (2) Foreign intelligence surveillance Use of a cell-site simulator by an element of the intelligence community shall not be subject to subsection (a)(1) if it is conducted in a manner that is in accordance with— (A) title I of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) (including testing or training authorized under paragraph (1) or (3) of section 105(g) of such Act ( 50 U.S.C. 1805(g) ) (including such testing or training conducted in conjunction with a component of the Department of Defense or an Armed Force), if any information obtained during such testing or training (including metadata) is destroyed after its use for such testing or training); or (B) section 704(c)(1)(E) of such Act ( 50 U.S.C. 1881c(c)(1)(E) ). (3) Research Subsection (a)(1) shall not apply to the use of a cell-site simulator in order to engage, in good-faith, in research or teaching by a person that is not— (A) a law enforcement agency of a governmental entity; (B) an element of the intelligence community; or (C) acting as an agent thereof. (4) Protective services (A) In general Subsection (a)(1) shall not apply to the use of a cell-site simulator in the performance of protective duties pursuant to section 3056 of this title, or as otherwise authorized by law. (B) Prohibition on use as evidence No information acquired through the use of a cell-site simulator under the authority under subparagraph (A), and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (C) No bar to other authorized use Nothing in subparagraph (A) or (B) shall be construed to prohibit the United States Secret Service from using a cell-site simulator in accordance with a provision of this section other than subparagraph (A). (5) Contraband interdiction by correctional facilities Subsection (a)(1) shall not apply to the use of a contraband interdiction system if the correctional facility or the entity operating the contraband interdiction system for the benefit of the correctional facility— (A) has— (i) taken reasonable steps to restrict transmissions by the contraband interdiction system to cellular devices physically located within the property of the correctional facility; (ii) posted signs around the correctional facility informing visitors and staff that the correctional facility employs such a contraband interdiction system; and (iii) complied with any relevant regulations promulgated by the Federal Communications Commission and, as applicable, policies issued by the National Telecommunications and Information Administration; (B) annually tests and evaluates compliance with subparagraph (A) in accordance with best practices, which shall be issued by the Federal Communications Commission; and (C) not later than 10 business days after identifying an issue relating to the use of the contraband interdiction system, whether in the course of normal business operations or conducting testing and evaluation, submits to the Federal Communications Commission a report describing the issues identified and the steps taken to address the issues. (6) Testing and training by law enforcement Subsection (a)(1) shall not apply to the use of a cell-site simulator by a law enforcement agency of a governmental entity in the normal course of official duties that is not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to— (A) test the capability of electronic equipment, if— (i) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance; (ii) the test is limited in extent and duration to that necessary to determine to capability of the equipment; (iii) any information obtained during such testing (including metadata) is retained and used only for the purpose of determining the capability of the equipment, is disclosed only to test personnel, and is destroyed before or immediately upon completion of the test; and (iv) the test is for a period of not longer than 90 days, unless the law enforcement agency obtains the prior approval of the Attorney General; or (B) train law enforcement personnel in the use of electronic surveillance equipment, if— (i) it is not reasonable to— (I) obtain the consent of the persons incidentally subjected to the surveillance; (II) train persons in the course of otherwise authorized law enforcement activities; or (III) train persons in the use of such equipment without engaging in surveillance; (ii) such surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and (iii) any information obtained during such training (including metadata) is destroyed after its use for such training. (7) FCC Testing Subsection (a)(1) shall not apply to the use of a cell-site simulator by the Federal Communications Commission, or an accredited testing laboratory recognized by the Federal Communications Commission, in order to test the cell-site simulator. (8) Rule of construction Nothing in this subsection shall be construed to exempt a State or local government from complying with regulations promulgated by the Federal Communications Commission, including the requirement to obtain authorization to transmit on spectrum regulated by the Federal Communications Commission. (e) Limit on certain use not conducted pursuant to warrants and orders The use of a cell-site simulator under subsection (d)(1)(B) of this section (which shall not include such a use by a component of the Department of Defense or an Armed Force providing assistance to a law enforcement agency of a governmental entity under such subsection (d)(1)(B)), under section 105(e) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805(e) ), or under clause (i) or (ii) of section 102(a)(1)(A) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1802(a)(1)(A) ) may only be carried out lawfully using a specific model of a cell-site simulator for which the disclosures required under clauses (i) and (ii) of subsection (d)(1)(C) were included with respect to the specific model in connection with— (1) for use by an element of the intelligence community under title I of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), an application for an order under such Act that was approved; or (2) for use by a law enforcement agency of a governmental entity, an application for a warrant— (A) under the Federal Rules of Criminal Procedure that was approved by a judge of the judicial district in which the law enforcement agency intends to use the cell-site simulator; or (B) using State warrant procedures that was approved by a judge of the State in which the law enforcement agency intends to use the cell-site simulator. (f) Minimization (1) In general The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and prohibit the dissemination, of information obtained through the use of a cell-site simulator under an exception under paragraph (1) or (2) of subsection (d) that pertains to any person who is not an authorized subject of the use. (2) Publication The Attorney General shall make publicly available on the website of the Department of Justice the procedures adopted under paragraph (1) and any revisions to such procedures. (3) Use by agencies If a law enforcement agency of a governmental entity or element of the intelligence community acquires information pertaining to a person who is not an authorized subject of the use of a cell-site simulator under an exception under paragraph (1) or (2) of subsection (d), the law enforcement agency or element of the intelligence community shall— (A) minimize the acquisition and retention, and prohibit the dissemination, of the information in accordance with the procedures adopted under paragraph (1); and (B) destroy the information (including metadata) at the earliest possible opportunity. (g) Disclosure to defendant Any information acquired through the operation of a cell-site simulator, or derived from such information, shall be disclosed to the defendant in any action in which the information is introduced into evidence. (h) Scope of collection (1) Authorized use Information collected under this section may only include information identifying nearby electronic devices communicating with the cell-site simulator and the strength and direction of transmissions from those electronic devices. (2) Compliance with wiretapping requirements to obtain contents In the case of any interception of a wire or electronic communication by the cell-site simulator— (A) with respect to an interception by a law enforcement agency of a governmental entity, the provisions of chapter 119 shall apply in addition to the provisions of this section; and (B) with respect to an interception by an element of the intelligence community, the element of the intelligence community may only conduct the surveillance using the cell-site simulator in accordance with an order authorizing the use issued in accordance with title I of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), in addition to complying with the provisions of this section. (3) Compliance with tracking device requirements (A) In general If a cell-site simulator is to be used by a law enforcement agency of a governmental entity to locate or track the movement of a person or object, the provisions of section 3117 and rule 41 of the Federal Rules of Criminal Procedure shall apply in addition to the provisions of this section. (B) Court For purposes of applying section 3117 and rule 41 of the Federal Rules of Criminal Procedure to the use of a cell-site simulator, a court may authorize such use within the jurisdiction of the court, and outside that jurisdiction if— (i) the use commences within that jurisdiction; or (ii) at the time the application is presented to the court, the governmental entity certifies that it has probable cause to believe that the target is physically located within that jurisdiction. (i) Civil action Any person subject to an unlawful operation of a cell-site simulator may bring a civil action for appropriate relief (including declaratory and injunctive relief, actual damages, statutory damages of not more than $500 for each violation, and attorney fees) against the person, including a governmental entity, that conducted that unlawful operation before a court of competent jurisdiction. (j) Administrative discipline If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this section, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (k) Definitions As used in this section— (1) the terms defined in section 2711 have, respectively, the definitions given such terms in that section; (2) the term advanced communications services has the meaning given that term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ); (3) the term cell-site simulator means any device that functions as or simulates a base station for commercial mobile services or private mobile services in order to identify, locate, or intercept transmissions from cellular devices for purposes other than providing ordinary commercial mobile services or private mobile services; (4) the term commercial mobile radio service has the meaning given that term in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto; (5) the term contraband interdiction system means any device that functions as or simulates a base station for commercial mobile services or private mobile services for purposes of identifying, locating, or intercepting transmissions from contraband cellular devices in correctional facilities; (6) the term derived means, with respect to information or evidence, that the government would not have originally possessed the information or evidence but for the use of a cell-site simulator, and regardless of any claim that the information or evidence is attenuated from the surveillance would inevitably have been discovered, or was subsequently reobtained through other means; (7) the term electronic communication has the meaning given that term in section 2510; (8) the term electronic device has the meaning given the term computer in section 1030(e); (9) the term emergency call has the meaning given that term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 )); (10) the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); (11) the term mitigation means the deletion of all information collected about a person who is not the subject of the warrant or investigation; (12) the term private mobile service has the meaning given that term in section 332 of the Communications Act of 1934 ( 47 U.S.C. 332 ); (13) the term telecommunications relay service has the meaning given that term in section 225 of the Communications Act of 1934 ( 47 U.S.C. 225 ); and (14) the term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . (b) Foreign Intelligence Surveillance Act of 1978 requirements The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended— (1) in section 101 ( 50 U.S.C. 1801 ), by adding at the end the following: (q) Cell-site simulator has the meaning given that term in section 3119 of title 18, United States Code. ; (2) in section 102(a) ( 50 U.S.C. 1802(a) ), by adding at the end the following: (5) The Government may only use a cell-site simulator pursuant to the authority under clause (i) or (ii) of paragraph (1)(A) without obtaining an order under this title authorizing such use if the Government has implemented measures that are reasonably likely to limit the collection activities to— (A) means of communications used exclusively between or among foreign powers, as defined in paragraph (1), (2), or (3) of section 101(a); or (B) property or premises under the open and exclusive control of a foreign power, as defined in paragraph (1), (2), or (3) of section 101(a). ; (3) in section 105 ( 50 U.S.C. 1805 ), by adding at the end the following: (k) (1) A judge having jurisdiction under section 103 may issue an order under this section that authorizes the use of a cell-site simulator only if the applicant— (A) demonstrates that other investigative procedures, including electronic location tracking methods that solely collect records of the investigative target— (i) have been tried and have failed; or (ii) reasonably appear to be— (I) unlikely to succeed if tried; or (II) too dangerous; (B) specifies the likely area of effect of the cell-site simulator to be used and the time that the cell-site simulator will be in operation; (C) certifies that the requested area of effect and time of operation are the narrowest reasonably possible to obtain the necessary information; and (D) demonstrates that the requested use of a cell-site simulator would be in compliance with applicable provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and the rules of the Federal Communications Commission. (2) In any application for an order under this section authorizing the use of a cell-site simulator, the applicant shall include the following: (A) A disclosure of any potential disruption of the ability of the subject of the surveillance or bystanders to use commercial mobile radio services or private mobile services, including using advanced communications services, to make or receive, as applicable— (i) emergency calls (including 9–1–1 calls); (ii) calls to the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system under designated under paragraph (4) of section 251(e) of the Communications Act of 1934 ( 47 U.S.C. 251(e) ), as added by the National Suicide Hotline Designation Act of 2020 ( Public Law 116–172 ; 134 Stat. 832); (iii) calls to the nationwide toll-free number for the poison control centers established under section 1271 of the Public Health Service Act ( 42 U.S.C. 300d–71 ); (iv) calls using telecommunications relay services; or (v) any other communications or transmissions. (B) A certification that the specific model of the cell-site simulator to be used has been inspected by a third party that is an accredited testing laboratory recognized by the Federal Communications Commission to verify the accuracy of the disclosure under paragraph (1). (C) A disclosure of the methods and precautions that will be used to minimize disruption, including— (i) any limit on the length of time the cell-site simulator can be in continuous operation; and (ii) any user-defined limit on the transmission range of the cell-site simulator. (D) A disclosure as to whether the cell-site simulator will primarily be used at a gathering where constitutionally protected activity, including speech, will occur. (3) In considering an application for an order under this section that authorizes the use of a cell-site simulator, the court shall— (A) weigh the need of the Government to obtain the information sought against the likelihood and impact of any potential negative side effects disclosed by the Government under paragraph (2); and (B) not grant a request for an order that would put public safety at risk or unreasonably inconvenience the community. ; and (4) in section 704(c)(1) ( 50 U.S.C. 1881c(c)(1) )— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) if the applicant is seeking to use a cell-site simulator (as defined in section 101), the requirements that would apply for the use of a cell-site simulator in the United States under section 105(k) have been satisfied. . (c) Conforming amendment Section 3127 of title 18, United States Code, is amended— (1) in paragraph (3) by striking but such term does not include any and inserting except such term does not include any cell-site simulator, as that term is defined in section 3119, or ; and (2) in paragraph (4) by striking of any communication and inserting of any communication, except such term does not include any cell-site simulator, as that term is defined in section 3119 . (d) Inspector General reports (1) Definition In this subsection, the term covered Federal entity means— (A) a law enforcement agency of a department or agency of the Federal Government; and (B) an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). (2) Reports The Inspector General of the Department of Justice, the Inspector General of the Department of Homeland Security, the Inspector General of the Department of Defense, and the Inspector General of the Intelligence Community shall annually submit to Congress a joint report, and publish an unclassified version of the report on the website of each such inspector general, on— (A) the overall compliance of covered Federal entities with this Act and the amendments made by this Act; (B) the number of applications by covered Federal entities for use of a cell-site simulator that were applied for and the number that were granted; (C) the number of emergency uses of a cell-site simulator under section 3119(d)(1)(B) of title 18, United States Code, as added by this Act; (D) the number of such emergency uses for which a court subsequently issued a warrant authorizing the use and the number of such emergency uses in which an application for a warrant was denied; (E) the number of devices that were targeted with a cell-site simulator, which shall be provided separately for targeting conducted pursuant to a warrant or court order and targeting conducted pursuant to an authority to use a cell-site simulator without a warrant or order; (F) the number of devices that were not the target of the use of a cell-site simulator about which information was obtained with the cell-site simulator, which shall— (i) be provided separately for use conducted pursuant to a warrant or court order and use conducted pursuant to an authority to use a cell-site simulator without a warrant or order; and (ii) include the number of such devices about which the information was not destroyed as a result of the minimization requirements under section 3119(f) of title 18, United States Code, as added by this section, which shall be provided separately for use conducted pursuant to a warrant or court order and use conducted pursuant to an authority to use a cell-site simulator without a warrant or order; (G) which components of a law enforcement agency of a department or agency of the Federal Government are using cell-site simulators and how many are available to that component; and (H) instances in which a law enforcement agency of a department or agency of the Federal Government made cell-site simulators available to a State or unit of local government. (3) Form of reports Each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex. (e) FCC regulations (1) In general Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate any proceeding that may be necessary to promulgate or modify regulations promulgated by the Federal Communications Commission to implement this Act and the amendments made by this Act. (2) Construction Nothing in this Act or an amendment made by this Act shall be construed to expand or contract the authority of the Federal Communications Commission. (f) Effective date (1) In general Except as provided in paragraph (2), subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply on and after the date that is 2 years after the date of enactment of this Act. (2) Exceptions (A) Definition In this paragraph, the term cell-site simulator has the meaning given that term in section 3119 of title 18, United States Code, as added by subsection (a). (B) Extension for existing cell-site simulators For any model of a cell-site simulator in use before the date of enactment of this Act, including such use in a contraband interdiction system at a correctional facility, if the Attorney General certifies that additional time is necessary to obtain independent tests of the model of cell-site simulator, subsections (a), (b), (c), and (d) of this section, and the amendments made by such subsections, shall apply to the use of the model of cell-site simulator on and after the date that is 3 years after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2122is/xml/BILLS-117s2122is.xml
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117-s-2123
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II 117th CONGRESS 1st Session S. 2123 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Portman (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the Federal Clearinghouse on Safety and Security Best Practices for Faith-Based Organizations and Houses of Worship, and for other purposes.
1. Short title This Act may be cited as the Pray Safe Act . 2. Definitions In this Act— (1) the term Clearinghouse means the Federal Clearinghouse on Safety Best Practices for Faith-Based Organizations and Houses of Worship established under section 2220A of the Homeland Security Act of 2002, as added by section 3 of this Act; (2) the term Department means the Department of Homeland Security; and (3) the term Secretary means the Secretary of Homeland Security. 3. Federal Clearinghouse on Safety and Security Best Practices for Faith-Based Organizations and Houses of Worship (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ), as amended by section 9, is amended by adding at the end: 2220A. Federal Clearinghouse on Safety and Security Best Practices for Faith-Based Organizations and Houses of Worship (a) Definitions In this section— (1) the term Clearinghouse means the Clearinghouse established under subsection (b); (2) the term faith-based organization means a group, center, or nongovernmental organization at risk because of religious, ideological, or spiritual beliefs; and (3) the term house of worship means a place or building, including synagogues, mosques, temples, and churches, in which congregants practice their religious or spiritual beliefs. (b) Establishment (1) In general Not later than 270 days after the date of enactment of the Pray Safe Act , the Secretary, in consultation with the Attorney General, the Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships, and the head of any other agency that the Secretary determines appropriate, shall establish a Federal Clearinghouse on Safety and Security Best Practices for Faith-Based Organizations and Houses of Worship within the Department. (2) Purpose The Clearinghouse shall be the primary resource of the Federal Government— (A) to educate and publish online best practices and recommendations for safety and security for faith-based organizations and houses of worship; and (B) to provide information relating to Federal grant programs available to faith-based organizations and houses of worship. (3) Personnel (A) Assignments The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. (B) Detailees The Secretary may coordinate detailees as required for the Clearinghouse. (C) Designated point of contact There shall be not less than 1 employee assigned or detailed to the Clearinghouse who shall be the designated point of contact to provide information and assistance to faith-based organizations and houses of worship, including assistance relating to the grant program established under section 5 of the Pray Safe Act . The contact information of the designated point of contact shall be made available on the website of the Clearinghouse. (D) Qualification To the maximum extent possible, any personnel assigned or detailed to the Clearinghouse under this paragraph should be familiar with faith-based organizations and houses of worship and with physical and online security measures to identify and prevent safety and security risks. (c) Clearinghouse contents (1) Evidence-based tiers (A) In general The Secretary, in consultation with the Attorney General, the Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships, and the head of any other agency that the Secretary determines appropriate, shall develop tiers for determining evidence-based practices that demonstrate a significant effect on improving safety or security, or both, for faith-based organizations and houses of worship. (B) Requirements The tiers required to be developed under subparagraph (A) shall— (i) prioritize— (I) strong evidence from not less than 1 well-designed and well-implemented experimental study; and (II) moderate evidence from not less than 1 well-designed and well-implemented quasi-experimental study; and (ii) consider promising evidence that demonstrates a rationale based on high-quality research findings or positive evaluations that such activity, strategy, or intervention is likely to improve security and promote safety for faith-based organizations and houses of worship. (2) Criteria for best practices and recommendations The best practices and recommendations of the Clearinghouse shall, at a minimum— (A) identify areas of concern for faith-based organizations and houses of worship, including event planning recommendations, checklists, facility hardening, tabletop exercise resources, and other resilience measures; (B) involve comprehensive safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of faith-based organizations and houses of worship upon implementation; (C) involve comprehensive safety measures, including preparedness, protection, mitigation, incident response, and recovery to improve the resiliency of faith-based organizations and houses of worship from manmade and natural disasters; (D) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (B) has been shown to have a significant effect on improving the safety and security of individuals in faith-based organizations and houses of worship, including— (i) findings and data from previous Federal, State, local, Tribal, territorial, private sector, and nongovernmental organization research centers relating to safety, security, and targeted violence at faith-based organizations and houses of worship; and (ii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety and security posture of a faith-based organization or house of worship upon implementation; and (E) an overview of the available resources the Clearinghouse can provide for faith-based organizations and houses of worship. (3) Additional information The Clearinghouse shall maintain and make available a comprehensive index of all Federal grant programs for which faith-based organizations and houses of worship are eligible, which shall include the performance metrics for each grant management that the recipient will be required to provide. (4) Past recommendations To the greatest extent practicable, the Clearinghouse shall identify and present, as appropriate, best practices and recommendations issued by Federal, State, local, Tribal, territorial, private sector, and nongovernmental organizations relevant to the safety and security of faith-based organizations and houses of worship. (d) Assistance and training The Secretary may produce and publish materials on the Clearinghouse to assist and train faith-based organizations, houses of worship, and law enforcement agencies on the implementation of the best practices and recommendations. (e) Continuous improvement (1) In general The Secretary shall— (A) collect for the purpose of continuous improvement of the Clearinghouse— (i) Clearinghouse data analytics; (ii) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and (iii) any evaluations conducted on implementation of the best practices and recommendations of the Clearinghouse; and (B) in coordination with the Faith-Based Security Advisory Council of the Department, the Department of Justice, the Executive Director of the White House Office of Faith-Based and Neighborhood Partnerships, and any other agency that the Secretary determines appropriate— (i) assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation; (ii) provide feedback on the implementation of best practices and recommendations of the Clearinghouse; and (iii) propose additional recommendations for best practices for inclusion in the Clearinghouse; and (C) not less frequently than annually, examine and update the Clearinghouse in accordance with— (i) the information collected under subparagraph (A); and (ii) the recommendations proposed under subparagraph (B)(iii). (2) Annual report to Congress The Secretary shall submit to Congress, on an annual basis, a report on the updates made to the Clearinghouse during the preceding 1-year period under paragraph (1)(C), which shall include a description of any changes made to the Clearinghouse. . (b) Technical Amendments The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135), as amended by section 9 of this Act, is amended by inserting after the item relating to section 2220 the following: Sec. 2220A. Federal Clearinghouse on Safety Best Practices for Faith-Based Organizations and Houses of Worship. . 4. Notification of Clearinghouse The Secretary shall provide written notification of the establishment of the Clearinghouse, with an overview of the resources required as described in section 2220A of the Homeland Security Act of 2002, as added by section 3 of this Act, and section 5 of this Act, to— (1) every State homeland security advisor; (2) every State department of homeland security; (3) other Federal agencies with grant programs or initiatives that aid in the safety and security of faith-based organizations and houses of worship, as determined appropriate by the Secretary; (4) every Federal Bureau of Investigation Joint Terrorism Task Force; (5) every Homeland Security Fusion Center; (6) every State or territorial Governor or other chief executive; (7) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and (8) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives. 5. Grant program overview (a) DHS grants and resources The Secretary shall include a grants program overview on the website of the Clearinghouse that shall— (1) be the primary location for all information regarding Department grant programs that are open to faith-based organizations and houses of worship; (2) directly link to each grant application and any applicable user guides; (3) identify all safety and security homeland security assistance programs managed by the Department that may be used to implement best practices and recommendation of the Clearinghouse; (4) annually, and concurrent with the application period for any grant identified under paragraph (1), provide information related to the required elements of grant applications to aid smaller faith based organizations and houses of worship in earning access to Federal grants; and (5) provide frequently asked questions and answers for the implementation of best practices and recommendations of the Clearinghouse and best practices for applying for a grant identified under paragraph (1). (b) Other Federal grants and resources Each Federal agency notified under section 4(3) shall provide necessary information on any Federal grant programs or resources of the Federal agency that are available for faith-based organizations and houses of worship to the Secretary or the appropriate point of contact for the Clearinghouse. (c) State grants and resources (1) In general Any State notified under paragraph (1), (2), or (6) of section 4 may provide necessary information on any grant programs or resources of the State available for faith-based organizations and houses of worship to the Secretary or the appropriate point of contact for the Clearinghouse. (2) Identification of resources The Clearinghouse shall, to the extent practicable, identify, for each State— (A) each agency responsible for safety for faith-based organizations and houses of worship in the State, or any State that does not have such an agency designated; (B) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (C) any resources or programs, including community prevention or intervention efforts, that may be used to assist in targeted violence and terrorism prevention. 6. Other resources The Secretary shall, on the website of the Clearinghouse, include a separate section for other resources that shall provide a centralized list of all available points of contact to seek assistance in grant applications and in carrying out the best practices and recommendations of the Clearinghouse, including— (1) a list of contact information to reach Department personnel to assist with grant-related questions; (2) the applicable Cybersecurity and Infrastructure Security Agency contact information to connect houses of worship with Protective Security Advisors; (3) contact information for all Department Fusion Centers, listed by State; (4) information on the If you See Something Say Something Campaign of the Department; and (5) any other appropriate contacts. 7. Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under Federal civil rights laws, including— (1) title II of the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ); or (2) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). 8. Exemption Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) shall not apply to any rulemaking or information collection required under this Act or under section 2220A of the Homeland Security Act of 2002, as added by section 3 of this Act. 9. Technical corrections (a) Redesignations Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) by redesignating section 2217 ( 6 U.S.C. 665f ) as section 2220; (2) by redesignating section 2216 ( 6 U.S.C. 665e ) as section 2219; (3) by redesignating the fourth section 2215 (relating to Sector Risk Management Agencies) ( 6 U.S.C. 665d ) as section 2218; (4) by redesignating the third section 2215 (relating to the Cybersecurity State Coordinator) ( 6 U.S.C. 665c ) as section 2217; and (5) by redesignating the second section 2215 (relating to the Joint Cyber Planning Office) ( 6 U.S.C. 665b ) as section 2216. (b) Technical and conforming amendments Section 2202(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(c) ) is amended— (1) in the first paragraph (12), by striking section 2215 and inserting section 2217 ; and (2) by redesignating the second and third paragraphs (12) as paragraphs (13) and (14), respectively. (c) Table of contents 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 striking the item relating to section 2214 and all that follows through the item relating to section 2217 and inserting the following: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to .gov internet domain. Sec. 2216. Joint Cyber Planning Office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity education and training programs. . (d) Additional technical amendment (1) Amendment Section 904(b)(1) of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by striking Homeland Security Act and inserting Homeland Security Act of 2002 . (2) Effective date The amendment made by paragraph (1) shall take effect as if enacted as part of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ).
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117-s-2124
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II 117th CONGRESS 1st Session S. 2124 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Durbin (for himself, Mr. Reed , Ms. Duckworth , Mr. Whitehouse , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the award of Federal Government contracts to inverted domestic corporations, and for other purposes.
1. Short title This Act may be cited as the American Business for American Companies Act of 2021 . 2. Prohibition on awarding contracts to inverted domestic corporations (a) Civilian contracts (1) In general Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: 4715. Prohibition on awarding contracts to inverted domestic corporations (a) Prohibition (1) In general The head of an executive agency may not award a contract for the procurement of property or services to— (A) any foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity; or (B) any joint venture if more than 10 percent of the joint venture (by vote or value) is held by a foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity. (2) Subcontracts (A) In general The head of an executive agency shall include in each contract for the procurement of property or services awarded by the executive agency with a value in excess of $10,000,000, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor on such contract from— (i) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity or joint venture described in paragraph (1); or (ii) structuring subcontract tiers in a manner designed to avoid the limitation in paragraph (1) by enabling an entity or joint venture described in paragraph (1) to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (B) Penalties The contract clause included in contracts pursuant to subparagraph (A) shall provide that, in the event that the prime contractor violates the contract clause— (i) the prime contract may be terminated for default; and (ii) the matter may be referred to the suspension or debarment official for the appropriate agency and may be a basis for suspension or debarment of the prime contractor. (b) Inverted domestic corporation (1) In general For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes on or after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation; or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership; and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, as determined pursuant to regulations prescribed by the Secretary of the Treasury, and such expanded affiliated group has significant domestic business activities. (2) Exception for corporations with substantial business activities in foreign country of organization (A) In general A foreign incorporated entity described in paragraph (1) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (B) Substantial business activities The Secretary of the Treasury (or the Secretary's delegate) shall establish regulations for determining whether an affiliated group has substantial business activities for purposes of subparagraph (A), except that such regulations may not treat any group as having substantial business activities if such group would not be considered to have substantial business activities under the regulations prescribed under section 7874 of the Internal Revenue Code of 1986, as in effect on January 18, 2017. (3) Significant domestic business activities (A) In general For purposes of paragraph (1)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (i) the employees of the group are based in the United States; (ii) the employee compensation incurred by the group is incurred with respect to employees based in the United States; (iii) the assets of the group are located in the United States; or (iv) the income of the group is derived in the United States. (B) Determination Determinations pursuant to subparagraph (A) shall be made in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (2) as in effect on January 18, 2017, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary of the Treasury (or the Secretary's delegate) may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. (c) Waiver (1) In general The head of an executive agency may waive subsection (a) with respect to any Federal Government contract under the authority of such head if the head determines that the waiver is— (A) required in the interest of national security; or (B) necessary for the efficient or effective administration of Federal or federally funded— (i) programs that provide health benefits to individuals; or (ii) public health programs. (2) Report to Congress The head of an executive agency issuing a waiver under paragraph (1) shall, not later than 14 days after issuing such waiver, submit a written notification of the waiver to the relevant authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives. (d) Applicability (1) In general Except as provided in paragraph (2), this section shall not apply to any contract entered into before the date of the enactment of this section. (2) Task and delivery orders This section shall apply to any task or delivery order issued after the date of the enactment of this section pursuant to a contract entered into before, on, or after such date of enactment. (3) Scope This section applies only to contracts subject to regulation under the Federal Acquisition Regulation. (e) Definitions and special rules (1) Definitions In this section, the terms expanded affiliated group , foreign incorporated entity , person , domestic , and foreign have the meaning given those terms in section 835(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(c) ). (2) Special rules In applying subsection (b) of this section for purposes of subsection (a) of this section, the rules described under 835(c)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(c)(1) ) shall apply. . (2) Clerical amendment The table of sections at the beginning of chapter 47 of title 41, United States Code, is amended by inserting after the item relating to section 4714 the following new item: 4715. Prohibition on awarding contracts to inverted domestic corporations. . (b) Defense contracts (1) In general Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: 2339d. Prohibition on awarding contracts to inverted domestic corporations (a) Prohibition (1) In general The head of an agency may not award a contract for the procurement of property or services to— (A) any foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity; or (B) any joint venture if more than 10 percent of the joint venture (by vote or value) is owned by a foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity. (2) Subcontracts (A) In general The head of an executive agency shall include in each contract for the procurement of property or services awarded by the executive agency with a value in excess of $10,000,000, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor on such contract from— (i) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity or joint venture described in paragraph (1); or (ii) structuring subcontract tiers in a manner designed to avoid the limitation in paragraph (1) by enabling an entity or joint venture described in paragraph (1) to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (B) Penalties The contract clause included in contracts pursuant to subparagraph (A) shall provide that, in the event that the prime contractor violates the contract clause— (i) the prime contract may be terminated for default; and (ii) the matter may be referred to the suspension or debarment official for the appropriate agency and may be a basis for suspension or debarment of the prime contractor. (b) Inverted domestic corporation (1) In general For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes on or after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation; or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership; and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, as determined pursuant to regulations prescribed by the Secretary of the Treasury, and such expanded affiliated group has significant domestic business activities. (2) Exception for corporations with substantial business activities in foreign country of organization (A) In general A foreign incorporated entity described in paragraph (1) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (B) Substantial business activities The Secretary of the Treasury (or the Secretary's delegate) shall establish regulations for determining whether an affiliated group has substantial business activities for purposes of subparagraph (A), except that such regulations may not treat any group as having substantial business activities if such group would not be considered to have substantial business activities under the regulations prescribed under section 7874 of the Internal Revenue Code of 1986, as in effect on January 18, 2017. (3) Significant domestic business activities (A) In general For purposes of paragraph (1)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (i) the employees of the group are based in the United States; (ii) the employee compensation incurred by the group is incurred with respect to employees based in the United States; (iii) the assets of the group are located in the United States; or (iv) the income of the group is derived in the United States. (B) Determination Determinations pursuant to subparagraph (A) shall be made in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (2) as in effect on January 18, 2017, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary of the Treasury (or the Secretary's delegate) may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. (c) Waiver (1) In general The head of an agency may waive subsection (a) with respect to any Federal Government contract under the authority of such head if the head determines that the waiver is required in the interest of national security or is necessary for the efficient or effective administration of Federal or federally funded programs that provide health benefits to individuals. (2) Report to Congress The head of an agency issuing a waiver under paragraph (1) shall, not later than 14 days after issuing such waiver, submit a written notification of the waiver to the congressional defense committees. (d) Applicability (1) In general Except as provided in paragraph (2), this section shall not apply to any contract entered into before the date of the enactment of this section. (2) Task and delivery orders This section shall apply to any task or delivery order issued after the date of the enactment of this section pursuant to a contract entered into before, on, or after such date of enactment. (3) Scope This section applies only to contracts subject to regulation under the Federal Acquisition Regulation and the Defense Supplement to the Federal Acquisition Regulation. (e) Definitions and special rules (1) Definitions In this section, the terms expanded affiliated group , foreign incorporated entity , person , domestic , and foreign have the meaning given those terms in section 835(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(c) ). (2) Special rules In applying subsection (b) of this section for purposes of subsection (a) of this section, the rules described under 835(c)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(c)(1) ) shall apply. . (2) Clerical amendment The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2339c the following new item: 2339d. Prohibition on awarding contracts to inverted domestic corporations. . (3) Future transfer (A) Transfer and redesignation Section 2339d of title 10, United States Code, as added by paragraph (1), is transferred to chapter 364 of such title, inserted after section 4660, as added by section 1862(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 4661. (B) Clerical amendments (i) Target chapter table of sections The table of sections at the beginning of chapter 364 of title 10, United States Code, as added by section 1862(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item relating to section 4660 the following new item: Sec. 4661. Prohibition on awarding contracts to inverted domestic corporations. . (ii) Origin chapter table of sections The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by paragraph (2), is amended by striking the item relating to section 2339d. (C) Effective date The amendments made by this paragraph shall take effect on January 1, 2022. (D) References; savings provisions; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the amendments made under this paragraph as if such amendments were made under title XVIII of such Act. (c) Regulations regarding management and control (1) In general The Secretary of the Treasury (or the Secretary's delegate) shall, for purposes of section 4714(b)(1)(B)(ii) of title 41, United States Code, and section 2339d(b)(1)(B)(ii) of title 10, United States Code, as added by subsections (a) and (b), respectively, prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (2) Executive officers and senior management The regulations prescribed under paragraph (1) shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title.
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117-s-2125
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II 117th CONGRESS 1st Session S. 2125 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Murphy (for himself, Ms. Warren , Ms. Smith , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes.
1. Short title This Act may be cited as the Counseling Not Criminalization in Schools Act . 2. Findings Congress finds the following: (1) Over the last 50 years, our Nation’s schools have become sites for increased criminalization and surveillance of young people, particularly Black, Native American, and Latino students, immigrant students, students with disabilities, LGBTQ students, students experiencing homelessness, students involved in the foster care system, and other historically marginalized students. (2) Despite significant decreases in the rate of serious crimes and violence on school campuses over the past 20 years, improving upon already low rates, 67 percent of high school students, 45 percent of middle school students, and 19 percent of elementary school students attend a school with a police officer. (3) Since 1999, the Federal Government has invested more than $1,000,000,000 to subsidize the placement of police in schools, resulting in roughly 46,000 school resource officers patrolling the halls of elementary and secondary public schools across the Nation. (4) A growing body of research has not found any evidence that school resource officers make schools safer, and school resource officers have been shown to increase the likelihood that children will be arrested, often by the school resource officer while on campus. (5) Research has shown that schools with a designated law enforcement officer on duty arrested students at 5 times the rate of comparable schools without such an officer. (6) When police are present in schools, students of color face an increased risk of being assaulted by police. Student-recorded videos of police violence in schools regularly circulate through news channels, articles, and social media, exposing violence perpetrated by police within schoolhouse gates. (7) Black, Native American, and Latino students are more likely than their white peers to attend schools with police officers on campus and are more likely to be referred to law enforcement or arrested while in school. (8) Black students represent 31 percent of all school-related arrests, despite making up only 15 percent of all public school students, and are 3 times more likely to be suspended or expelled than white students. Native American and Pacific Islander and Native Hawaiian students are more than twice as likely to be arrested as white students. (9) Students with disabilities are more likely than their peers without disabilities to be referred to law enforcement or arrested. Students of color with disabilities are more likely to be referred to law enforcement than either their white peers with disabilities, or their peers of color without disabilities. These students are also disproportionately restrained and secluded in schools. Of the 87,000 students who were restrained during the 2015–2016 school year, 71 percent received special education services and 27 percent of students restrained were Black. (10) According to the Department of Education, while Black girls comprise only 16 percent of girls in elementary and secondary schools, they make up 42 percent of girls receiving the most severe forms of school discipline and severe punishment, such as corporal punishment, and represent 34 percent of girls arrested on campus. (11) Research shows that these racial disparities in discipline rates are not a result of differences in student behavior but instead reflect the ways in which students of color face more punitive discipline than their white peers for similar behavior. (12) Students who are LGBTQ often have intersecting marginalized identities and experience exclusionary discipline at disproportionate rates that make it more likely they will interact with the juvenile justice system than their non-LGBTQ peers. (13) Students who are suspended or expelled are nearly threefold more likely to be in contact with the juvenile justice system the following year. (14) According to the Federal Bureau of Investigation, more than 30,000 children under the age of 10 were arrested since 2013. On school campuses, more than 290,000 students were referred to law enforcement. The United States spends $240 daily, on average, per youth detained in juvenile facilities. (15) While schools should be sanctuaries for all students, reports have shown instances where school resource officers collect tips and disciplinary information from teachers and school administrators and share it with U.S. Immigration and Customs Enforcement agents to build deportation cases against students and their families. (16) School hardening, including the presence of school resource officers on campus, causes students to experience higher levels of fear, perpetuate the school to prison pipeline, and undermine the ability of schools and educators to build learning environments undergirded by mutual trust, respect, and safety. (17) Ninety percent of students are in public schools where the number of counselors, social workers, nurses, and psychologists do not meet recommended professional standards. Professional standards recommend at least 1 counselor and 1 social worker for every 250 students and at least 1 nurse and 1 psychologist for every 750 students and every 700 students, respectively. (18) 1,700,000 students attend schools with police but not 1 counselor. (19) 3,000,000 students attend schools with police but not 1 school nurse. (20) 6,000,000 students attend schools with police but no school psychologists. (21) 10,000,000 students attend schools with police but no social workers. 3. Purpose It is the purpose of this Act to— (1) address the needs of marginalized students, ensure schools are welcoming for students, and improve academic outcomes by eliminating Federal funding for maintaining the presence of covered law enforcement officers in schools and establishing a continuum of care and positive schoolwide systems of services that are evidence-based, inclusive, racially and gender responsive, and trauma informed; and (2) support local educational agencies that choose to terminate their contracts with local law enforcement agencies or, where applicable, dissolve or disband district-based police departments, and invest resources in personnel and services that create truly safe and inclusive schools for all students based on community engagement and deliberative consultation. 4. Definitions In this Act: (1) ESEA terms The terms elementary school , evidence-based , local educational agency , parent , professional development , school leader , secondary school , Secretary , and specialized instructional support personnel have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Covered program The term covered program means— (A) all the operations of an elementary school, a secondary school, or a local educational agency; or (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq. ). (3) Positive behavioral interventions and supports The term positive behavioral interventions and supports means— (A) a schoolwide, systematic approach that embeds evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (4) Covered law enforcement officer The term covered law enforcement officer — (A) means any person who— (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 )); and (ii) is assigned by the employing law enforcement agency to a covered program, who is contracting with a covered program, or who is employed by a covered program; and (B) includes an individual referred to as a school resource officer if that individual meets the definition in subparagraph (A). (5) Trauma-informed services The term trauma-informed services means a service delivery approach that— (A) recognizes and responds to the impacts of trauma with evidence-based supports and intervention; (B) emphasizes physical, psychological, and emotional safety for both providers of services and survivors of trauma; and (C) creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment. 5. Prohibition of Federal funds for police in schools (a) Federal funds prohibition Notwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), including subpart 1 of part E of title I of that Act ( 34 U.S.C. 10151 et seq. ) (relating to the Edward Byrne Memorial Justice Assistance Grant Program) and part Q of title I of that Act ( 34 U.S.C. 13081 et seq. ) (relating to the Cops on the Beat grant program), or any other provision of law, no Federal funds may be appropriated or used for hiring, maintaining, or training covered law enforcement officers in any capacity. (b) COPS grant program Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) in subsection (b)— (A) by striking paragraph (12); (B) by redesignating paragraphs (13) through (23) as paragraphs (12) through (22), respectively; and (C) in paragraph (21), as so redesignated, by striking through (21) and inserting through (20) ; and (2) by adding at the end the following: (n) Prohibition on use of funds for covered law enforcement officers A recipient of a grant under this part may not use the grant funds for covered law enforcement officers (as defined in section 4 of the Counseling Not Criminalization in Schools Act ). . 6. Supporting local educational agencies in transitioning away from police in schools (a) Grant program established The Secretary of Education shall award grants, on a competitive and rolling basis, to local educational agencies to enable those local educational agencies— (1) to replace covered law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services; and (2) to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies. (b) Application A local educational agency 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, including an assurance that— (1) the local educational agency will terminate any existing contract with local law enforcement or, where applicable, dissolve school district-based police departments, at least 30 days prior to the entity receiving funds under this section; and (2) the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant. (c) Priority In awarding grants under this section, the Secretary shall give priority to— (1) local educational agencies that terminated their contract with all law enforcement or disbanded their school district police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with State or local law enforcement, create or reinstate a school district police department, or create or restart a program of other armed school personnel during the duration of this grant; (2) local educational agencies with a larger share of students who are economically disadvantaged, in the event that funds are insufficient to award grants to all eligible applicants; and (3) local educational agencies that identify the uses of funds in subsection (d) based on meaningful community engagement and deliberative consultation. (d) Uses of funds (1) Required use A local educational agency receiving funds under this section shall use such grant funds to hire or train school counselors, school psychologists, nurses, or social workers, community health workers and trauma-informed personnel, dedicated staff specifically trained in deescalation and violence interruption practices, staff trained in anti-bias practices, doctoral level specialists in behavior planning and intervention, or other specialists or individuals with expertise in school climate and behavior. (2) Permitted uses In addition to the required use described in paragraph (1), a local educational agency receiving funds under this section may also use grant funds to carry out 1 or more of the following: (A) Implementing schoolwide positive behavioral interventions and supports, restorative justice programs and interventions, mediators, social and emotional learning programs, or other evidence-based trauma-informed services. (B) Providing professional development to teachers, teacher assistants, school leaders, counselors, specialized instructional support personnel, and mental health professionals that— (i) fosters safe, inclusive, and stable learning environments that support the social, emotional, mental, and academic well-being of students and prevent and mitigate the effects of trauma, including through social and emotional learning; (ii) improves school capacity to identify, refer, and provide services to students in need of trauma support services; (iii) reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care; (iv) reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification, development, and implementation of Behavior Intervention Plans (BIPs); and (v) reduces the number of Black, Latino, Native American, and LGBTQ students who are disciplined for minor, age-appropriate behaviors that should be addressed through evidence-based, trauma-informed services and support. (e) Prohibition No portion of any grant funds awarded under this section may be used for— (1) the development, establishment, implementation, or enforcement of zero-tolerance school discipline policies, including the commission, contracting of, or agreements with law enforcement that support the presence of police in schools, including formal or informal partnerships or data and information sharing agreements with the Department of Justice or Secretary of Homeland Security, including U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; (2) the purchase, maintenance, or installation of surveillance equipment, including metal detectors, facial recognition technology, or software programs that monitor or mine the social media use or technology use of students; or (3) arming teachers, principals, school leaders, or other school personnel. (f) Grant amounts The amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency. (g) Reporting Each local educational agency receiving a grant under this section shall prepare and submit a report to the Secretary containing information about— (1) how the grant funds were used; (2) the number of students who were arrested by or referred to law enforcement officers in the previous year compared to the number arrested or referred during the term of the grant; (3) the reasons for arrests; and (4) demographic data of students arrested or referred to law enforcement officers, disaggregated by race, ethnicity, age, gender, sex and sexual orientation, status as a child with a disability, and socioeconomic status. (h) Supplement not supplant A local educational agency shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the activities described in subsection (d), and not to supplant such funds (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000,000.
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117-s-2126
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One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 2126 IN THE SENATE OF THE UNITED STATES AN ACT To designate the Federal Office Building located at 308 W. 21st Street in Cheyenne, Wyoming, as the Louisa Swain Federal Office Building , and for other purposes.
1. Louisa Swain Federal Office Building (a) Designation The Federal Office Building located at 308 W. 21st Street in Cheyenne, Wyoming, shall be known and designated as the Louisa Swain Federal Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal Office Building referred to in subsection (a) shall be deemed to be a reference to the Louisa Swain Federal Office Building .
Speaker of the House of Representatives Vice President of the United States and President of the Senate
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117-s-2127
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II 117th CONGRESS 1st Session S. 2127 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Menendez (for himself, Mr. Van Hollen , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To amend title 31, United States Code, to require that Federal children’s programs be separately displayed and analyzed in the President’s budget, and for other purposes.
1. Short title This Act may be cited as the Children's Budget Act . 2. Amendment to title 31 Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) (A) A detailed, separate analysis for the prior fiscal year, the current fiscal year, the fiscal year for which the budget is submitted, and the ensuing fiscal year identifying— (i) the amounts of gross and net appropriations or obligational authority and outlays that are directed to children within the United States and territories including— (I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for children and children’s programs; (II) an estimate of levels of spending on children and children’s programs; and (III) a detailed breakdown of spending on children and children’s programs by agency and initiative; and (ii) the amount of tax expenditures relating to children. (B) In this paragraph— (i) the term children means individuals under 19 years of age; (ii) the term spending on children includes— (I) Federal entitlement spending that goes directly to children; (II) outlays for programs and initiatives that, consistent with their mission, deliver services exclusively to children; (III) outlays for programs and initiatives that, while not serving children directly, have as a core mission goal the improvement of children’s health, education, welfare, or general well-being; and (IV) the share of funding for Federal programs and initiatives that deliver services to both children and adults that is consistent with the share of program benefits for children based on the best available data; and (iii) the term tax expenditures has the meaning given that term in section 3 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622 ). (C) In implementing this paragraph, including determining what Federal activities or accounts constitutes spending on children or children’s programs and tax expenditures relating to children, the Office of Management and Budget shall consult periodically with the Committee on the Budget and the Committee on Appropriations of the Senate, the Committee on the Budget and the Committee on Appropriations of the House of Representatives, and the Congressional Budget Office. .
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117-s-2128
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II 117th CONGRESS 1st Session S. 2128 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mrs. Murray (for herself, Mr. Blumenthal , Mr. Markey , Mr. Reed , Mr. Coons , Ms. Warren , Ms. Klobuchar , Mr. Menendez , Ms. Smith , Mr. Booker , Mrs. Gillibrand , Ms. Duckworth , Ms. Baldwin , Mr. Leahy , Ms. Hirono , Mrs. Feinstein , Mr. Wyden , Ms. Cortez Masto , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure the humane treatment of pregnant women by reinstating the presumption of release and prohibiting shackling, restraining, and other inhumane treatment of pregnant detainees, and for other purposes.
1. Short title This Act may be cited as the Stop Shackling and Detaining Pregnant Women Act . 2. Limitation on detention of pregnant women and mothers of newborns (a) Presumption of release (1) In general Except as provided in paragraph (2), the Secretary— (A) shall not detain an individual under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) during pregnancy or postpartum recovery, pending a decision with respect to whether the individual is to be removed from the United States; and (B) shall immediately release any detainee found to be pregnant. (2) Exceptions The Secretary may detain pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) an individual during pregnancy or postpartum recovery under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others. (3) Removal In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is— (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) not more than 5 days. (b) Weekly review required (1) In general With respect to a detainee detained under paragraph (2) of subsection (a), not less frequently than weekly, the Secretary shall conduct an individualized review to determine whether the detainee continues to be subject to detention under that paragraph. (2) Release In the case of a determination under paragraph (1) that a pregnant detainee is not subject to detention under subsection (a)(2), not later than 1 day after the date on which the Secretary makes the determination, the Secretary shall release the detainee. 3. Humane treatment of pregnant women while in detention (a) Prohibition on restraint of pregnant detainees (1) Prohibition Except as provided in paragraph (2), a detention facility shall not use a restraint on a detainee— (A) known to be pregnant, including during— (i) labor; (ii) transport to a medical facility or birthing center; and (iii) delivery; or (B) during postpartum recovery. (2) Use of restraints for medical purposes and in extraordinary circumstances (A) In general Notwithstanding paragraph (1), subject to subparagraph (B), use of a restraint on a detainee described in paragraph (1) may be permitted only— (i) for a medical purpose if the lead medical staff of the detention facility who is a licensed health care provider has ordered the use of the restraint for the medical purpose; or (ii) in an extraordinary circumstance, except for a medical purpose, in which the facility administrator has ordered the use of the restraint after making an individualized determination that— (I) credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting staff or others; or (II) reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method. (B) Requirement for least restrictive restraints In the rare event of an extraordinary circumstance described in subparagraph (A)(ii), only the least restrictive restraint necessary shall be used, except that— (i) if a doctor, nurse, or other health professional treating a detainee described in paragraph (1) requests that a restraint not be used, the detention officer accompanying the detainee shall immediately remove any restraint; (ii) under no circumstance shall a leg, waist, or 4-point restraint be used; (iii) under no circumstance shall a wrist restraint be used to bind the hands of such a detainee behind the back of the detainee or to another individual; and (iv) under no circumstance shall any restraint be used on any detainee who is in labor or delivering. (3) Record of extraordinary circumstances (A) Requirements If a restraint is used on a detainee pursuant to paragraph (2)(A), not later than 5 days after the date on which the restraint was used, the facility administrator shall— (i) make a written finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint; and (ii) submit the finding to the Director. (B) Retention (i) Detention facility With respect to a written finding under subparagraph (A)(i), the facility administrator shall— (I) keep the finding on file at the applicable detention facility for not less than 5 years after the date on which the restraint was used; and (II) make the finding available for public inspection. (ii) Immigration and Customs Enforcement With respect to a written finding submitted to the Director under subparagraph (A)(ii), the Director shall maintain the written finding and make the finding available for public inspection. (iii) Privacy With respect to a written finding made available for public inspection under clause (i) or (ii), the individually identifying information of a detainee shall not be made available for public inspection without the prior written consent of the detainee. (b) Prohibition on presence of detention officers (1) In general Except as provided in paragraph (2), no detention officer shall be present in the room during a pelvic exam, labor, delivery, or treatment of any other symptom relating to a pregnancy of a detainee, unless specifically requested by medical personnel. (2) Exception If the presence of a detention officer is requested by medical personnel, the detention officer shall— (A) be female, if practicable; and (B) remain at a reasonable distance from the detainee and toward the detainee's head to protect detainee's privacy. (3) Use of restraints If a restraint is used on a detainee pursuant to subsection (a)(2)(A), a detention officer shall remain immediately outside the room at all times so that the officer may promptly remove the restraint if requested by medical personnel, as required by subsection (a)(2)(B)(i). (c) Access to services A pregnant detainee shall have access to health care services, including comprehensive services relating to reproductive health care and pregnancy, including— (1) routine or specialized prenatal care; (2) comprehensive counseling and assistance; (3) postpartum follow-up; (4) lactation services; and (5) abortion services. 4. Notice of rights and training (a) Notice of detainee rights The Secretary shall provide to each detainee, in the detainee's native language, notice of the detainee's rights under this Act. (b) Training for DHS employees At the time of hiring, and annually thereafter, the Secretary shall provide training on the requirements of this Act to each employee of the Department of Homeland Security who has a role in the detention or care of a pregnant detainee or a postpartum parent of a newborn detained under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). 5. Reporting; rulemaking (a) Reports (1) Reports by facility administrators Not later than 30 days after the end of each quarter fiscal year, the facility administrator of each detention facility that detained a pregnant detainee during the quarter shall submit to the Secretary a written report that includes, with respect to the detention facility during the quarter, the following: (A) An account of every instance of the use of a restraint on a pregnant detainee, including the justification for such restraint and the name of the facility administrator who made the individualized determination under section 3(a)(2)(A)(ii). (B) The number of pregnant detainees held at the detention facility. (C) The average length of detention of pregnant detainees. (D) The number of pregnant detainees detained longer than 15 days. (E) The number of pregnant detainees detained longer than 30 days. (2) Audit and reports by Secretary Not later than 90 days after the end of each fiscal year, the Secretary shall— (A) complete an audit of the information submitted under subparagraphs (B) through (E) of paragraph (1); (B) submit to the appropriate committees of Congress a report that includes all information submitted under paragraph (1), disaggregated by detention facility; and (C) issue regulations in accordance with national standards regarding minimum standards facilities should provide. (3) Privacy A report submitted under this subsection shall not contain the individually identifying information of any detainee. (4) Public inspection (A) In general Except as provided in subparagraph (B), a report submitted under this subsection shall be made available for public inspection. (B) Facility administrator A report submitted under this subsection that is made available for public inspection shall not contain the name of the facility administrator otherwise included under paragraph (1)(A). (b) Rulemaking The Secretary and the Attorney General shall adopt regulations or policies to carry out this Act at each detention facility. 6. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (2) Detainee The term detainee includes any adult or juvenile individual detained by any Federal, State, or local law enforcement agency (including under contract or agreement with such agency) under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (3) Detention facility The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including a facility that— (A) holds such individuals under a contract or agreement with the Director or Commissioner; or (B) is used, in whole or in part, to hold individuals pursuant to an immigration detainer or similar request. (4) Detention officer The term detention officer means an individual who works at a detention facility, including an individual who works at a detention facility pursuant to contract or subcontract. (5) Director The term Director means the Director of U.S. Immigration and Customs Enforcement. (6) Facility administrator The term facility administrator means the official responsible for oversight of a detention facility or the designee of such official. (7) Postpartum recovery The term postpartum recovery means the 1-year period, or longer, as determined by the licensed health care provider of the individual concerned, following delivery, including the entire period during which the individual is in a medical facility, birthing center, or infirmary after birth. (8) Restraint The term restraint means any physical restraint or mechanical device used to control the movement of the body or limbs of a detainee body, including— (A) flex cuffs; (B) soft restraints; (C) hard metal handcuffs; (D) a black box; (E) Chubb cuffs; (F) leg irons; (G) belly chains; (H) a security (tether) chain; and (I) a convex shield. (9) Secretary The term Secretary means the Secretary of Homeland Security.
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https://www.govinfo.gov/content/pkg/BILLS-117s2128is/xml/BILLS-117s2128is.xml
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117-s-2129
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II 117th CONGRESS 1st Session S. 2129 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Portman (for himself, Mr. Brown , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote freedom of information and counter censorship and surveillance in North Korea, and for other purposes.
1. Short title This Act may be cited as the Otto Warmbier Countering North Korean Censorship and Surveillance Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The information landscape in North Korea is the most repressive in the world, consistently ranking last or near-last in the annual World Press Freedom Index. (2) Under the brutal rule of Kim Jung Un, the country’s leader since 2012, the North Korean regime has tightened controls on access to information, as well as enacted harsh punishments for consumers of outside media, including sentencing to time in a concentration camp and a maximum penalty of death. (3) Such repressive and unjust laws surrounding information in North Korea resulted in the death of 22-year-old United States citizen and university student Otto Warmbier, who had traveled to North Korea in December 2015 as part of a guided tour. (4) Otto Warmbier was unjustly arrested, sentenced to 15 years of hard labor, and severely mistreated at the hands of North Korean officials. While in captivity, Otto Warmbier suffered a serious medical emergency that placed him into a comatose state. Otto Warmbier was comatose upon his release in June 2017 and died 6 days later. (5) Despite increased penalties for possession and viewership of foreign media, the people of North Korean have increased their desire for foreign media content, according to a survey of 200 defectors concluding that 90 percent had watched South Korean or other foreign media before defecting. (6) On March 23, 2021, in an annual resolution, the United Nations General Assembly condemned the long-standing and ongoing systematic, widespread and gross violations of human rights in the Democratic People’s Republic of Korea and expressed grave concern at, among other things, the denial of the right to freedom of thought, conscience, and religion … and of the rights to freedom of opinion, expression, and association, both online and offline, which is enforced through an absolute monopoly on information and total control over organized social life, and arbitrary and unlawful state surveillance that permeates the private lives of all citizens . (7) In 2018, Typhoon Yutu caused extensive damage to 15 broadcast antennas used by the United States Agency for Global Media in Asia, resulting in reduced programming to North Korea. The United States Agency for Global Media has rebuilt 5 of the 15 antenna systems as of June 2021. (b) Sense of Congress It is the sense of Congress that— (1) in the event of a crisis situation, particularly where information pertaining to the crisis is being actively censored or a false narrative is being put forward, the United States should be able to quickly increase its broadcasting capability to deliver fact-based information to audiences, including those in North Korea; and (2) the United States International Broadcasting Surge Capacity Fund is already authorized under section 316 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6216 ), and expanded authority to transfer unobligated balances from expired accounts of the United States Agency for Global Media would enable the Agency to more nimbly respond to crises. 3. Statement of policy It is the policy of the United States— (1) to provide the people of North Korea with access to a diverse range of fact-based information; (2) to develop and implement novel means of communication and information sharing to ensure that audiences in North Korea can safely create, access, and share digital and non-digital news without fear of repressive censorship, surveillance, or penalties under law; and (3) to foster and innovate new technologies to counter North Korea’s state-sponsored repressive surveillance and censorship by advancing internet freedom tools, technologies, and new approaches. 4. United States strategy to combat North Korea’s repressive information environment (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to Congress a strategy on combating North Korea’s repressive information environment. (b) Elements The strategy required by subsection (a) shall include the following: (1) An assessment of the challenges to the free flow of information into North Korea created by the censorship and surveillance technology apparatus of the Government of North Korea. (2) A detailed description of the agencies and other government entities, key officials, and security services responsible for the implementation of North Korea’s repressive laws regarding foreign media consumption. (3) A detailed description of the agencies and other government entities and key officials of foreign governments that assist, facilitate, or aid North Korea’s repressive censorship and surveillance state. (4) An assessment of the feasibility of new public-private sponsorships to increase free expression, circumvent censorship, and obstruct repressive surveillance in North Korea. (5) A description of and funding levels required for current United States Government programs and activities to provide access for the people of North Korea to a diverse range of fact-based information. (6) Guidance for the relevant Federal agencies, including the Department of State, on how agencies should work together and with other federally funded entities like the United States Agency for Global Media, to combat North Korea’s repressive censorship and surveillance apparatus by utilizing all available means. (7) A detailed assessment of how the United States International Broadcasting Surge Capacity Fund authorized under section 316 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6216 ) has operated to respond to crisis situations in the past, and how authority to transfer unobligated balances from expired accounts would help the United States Agency for Global Media in crisis situations in the future. (8) A detailed plan for how the authorization of appropriations under section 6 will operate alongside and augment existing programming from the relevant Federal agencies and facilitate the development of new tools to assist that programming. (c) Form of strategy The strategy required by subsection (a) shall be submitted in unclassified form, but may include the matters required by paragraphs (2) and (3) of subsection (b) in a classified annex. 5. Imposition of sanctions with respect to persons responsible for North Korea’s repressive censorship and surveillance state (a) In general The President may impose the following sanctions with respect to each person identified under paragraph (2) or (3) of section 4(b): (1) Blocking of property The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the 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. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien may be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subparagraph (A) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Effect A revocation under clause (i) shall— (I) take effect consistent with section 221 of the Immigration and Nationality Act ( 8 U.S.C. 1201 ); and (II) cancel any other valid visa or entry documentation that is in the alien’s possession. (b) 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 subsection (a)(1) or any regulation, license, or order issued to carry out that subsection 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. (c) National security waiver The President may waive the imposition of sanctions under subsection (a) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. (d) Exceptions (1) Intelligence activities This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Law enforcement activities Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States. (3) Exception to comply with international agreements Subsection (a)(2) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. (4) Exception relating to importation of goods (A) In general The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (e) Definitions In this section: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States. 6. Promoting freedom of information and countering censorship and surveillance in North Korea (a) Authorization of appropriations There are authorized to be appropriated to the United States Agency for Global Media $10,000,000 for each of fiscal years 2022 through 2026 to provide increased broadcasting and grants for the following purposes: (1) To promote the development of internet freedom tools, technologies, and new approaches, including both digital and non-digital means of information sharing related to North Korea. (2) To explore public-private partnerships to counter North Korea’s repressive censorship and surveillance state. (3) To develop new means to protect the privacy and identity of individuals receiving media from the United States Agency for Global Media and other outside media outlets from within North Korea. (4) To bolster existing programming from the United States Agency for Global Media by restoring the broadcasting capacity of damaged antennas caused by Typhoon Yutu in 2018. (b) Annual reports Not later than one year after the date of the enactment of this Act, and annually thereafter for the following 4 years, the Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media, shall submit to Congress a report that describes the activities carried out using amounts authorized to be appropriated under subsection (a) during the year preceding submission of the report.
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https://www.govinfo.gov/content/pkg/BILLS-117s2129is/xml/BILLS-117s2129is.xml
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117-s-2130
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II 117th CONGRESS 1st Session S. 2130 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Whitehouse (for himself, Mr. Cassidy , Mr. Coons , Mrs. Hyde-Smith , Mr. Kaine , Mr. King , Mr. Schatz , Mrs. Shaheen , Mr. Van Hollen , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the disposition of certain outer Continental Shelf revenues and to open Federal financial sharing to heighten opportunities for renewable energy, and for other purposes.
1. Short title This Act may be cited as the Reinvesting In Shoreline Economies and Ecosystems Act of 2021 or the RISEE Act of 2021 . 2. National Oceans and Coastal Security Fund; parity in offshore wind revenue sharing (a) Definitions in the National Oceans and Coastal Security Act Section 902 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7501 ) is amended— (1) by striking paragraph (5) and inserting the following: (5) Indian tribe The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; and (2) by striking paragraph (7) and inserting the following: (7) Tidal shoreline The term tidal shoreline means the length of tidal shoreline or Great Lake shoreline based on the most recently available data from or accepted by the Office of Coast Survey of the National Oceanic and Atmospheric Administration. . (b) National Oceans and Coastal Security Fund Section 904 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7503 ) is amended— (1) in subsection (a), by inserting and manage after establish ; (2) in subsection (b), by striking paragraph (1) and inserting the following: (1) In general The Fund shall consist of such amounts as— (A) are deposited in the Fund under section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ); (B) are deposited in the Fund under subparagraph (C)(ii)(I)(bb) of section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) ); and (C) are appropriated or otherwise made available for the Fund. ; (3) by striking subsection (d) and inserting the following: (d) Expenditure (1) $34,000,000 or less If $34,000,000 or less is deposited in, or appropriated or otherwise made available for, the Fund for a fiscal year, in that fiscal year— (A) not more than 5 percent of such amounts may be used by the Administrator and the Foundation for administrative expenses to carry out this title; and (B) any remaining amounts shall be used only for the award of grants under section 906(c). (2) More than $34,000,000 If more than $34,000,000 is deposited in, or appropriated or otherwise made available for, the Fund for a fiscal year, in that fiscal year— (A) not more than 5 percent of such amounts may be used by the Administrator and the Foundation for administrative expenses to carry out this title; (B) not less than $34,000,000 shall be used for the award of grants under section 906(c); and (C) of any amounts exceeding $34,000,000— (i) not more than 75 percent may be used for the award of grants under section 906(b); and (ii) not more than 20 percent may be used for the award of grants under section 906(c). (3) Division of amounts for administrative expenses The amounts referred to in paragraphs (1)(A) and (2)(A) shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation. ; and (4) in subsection (e)(2), by striking section 906(a)(1) and inserting section 906(a) . (c) Eligible uses of amounts in the National Oceans and Coastal Security Fund Section 905 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7504 ) is amended to read as follows: 905. Eligible uses (a) In general Amounts in the Fund may be allocated by the Administrator under section 906(b) and the Foundation, in consultation with the Administrator, under section 906(c) to support programs and activities intended to improve understanding and use of ocean and coastal resources and coastal infrastructure. (b) Programs and activities The programs and activities referred to in subsection (a) may include scientific research related to changing environmental conditions, ocean observing projects, efforts to enhance resiliency of infrastructure and communities (including project planning and design), habitat protection and restoration, monitoring and reducing damage to natural resources and marine life (including birds, marine mammals, and fish), and efforts to support sustainable seafood production carried out by States, local governments, Indian tribes, regional and interstate collaboratives (such as regional ocean partnerships), nongovernmental organizations, public-private partnerships, and academic institutions. (c) Prohibition on use of funds for litigation or other purposes No funds made available under this title may be used— (1) to fund litigation against the Federal Government; or (2) to fund the creation of national marine monuments, marine protected areas, or marine spatial plans. . (d) Grants under the National Oceans and Coastal Security Act Section 906 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7505 ) is amended— (1) in subsection (a)— (A) by striking paragraph (2); (B) by striking (a) Administration of grants .— and all that follows through the following: and inserting the following: (a) Administration of grants Not later than 90 days after funds are deposited in the Fund and made available to the Administrator and the Foundation for administrative purposes, the Administrator and the Foundation shall establish the following: ; (C) in subparagraph (A), by striking such subsections and inserting this section ; (D) by striking subparagraph (B) and inserting the following: (B) Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior. ; (E) in subparagraph (C), by striking clause (ii) and inserting the following: (ii) under subsection (c) to entities including States, local governments, Indian tribes, regional and interstate collaboratives (such as regional ocean partnerships), nongovernmental organizations, public-private partnerships, and academic institutions. ; (F) in subparagraph (D), by striking Performance accountability and monitoring and inserting Performance, accountability, and monitoring ; (G) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left; and (H) in paragraph (3), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; (2) by striking subsection (b) and inserting the following: (b) Grants to coastal States (1) In general The Administrator shall award grants to coastal States as follows: (A) Seventy percent of available amounts shall be allocated equally among coastal States. (B) Fifteen percent of available amounts shall be allocated on the basis of the ratio of tidal shoreline in a coastal State to the tidal shoreline of all coastal States. (C) Fifteen percent of available amounts shall be allocated on the basis of the ratio of population density of the coastal counties of a coastal State to the average population density of all coastal counties based on the most recent data available from the Bureau of the Census. (2) Maximum allocation to States Notwithstanding paragraph (1), not more than 5 percent of the total funds distributed under this subsection may be allocated to any single coastal State. Any amount exceeding that limitation shall be redistributed equally among the remaining coastal States. (3) Optional matching funds Each entity seeking to receive a grant under this subsection is encouraged, but not required, to demonstrate that funds of any amount are available from non-Federal sources to supplement the amount of the grant. ; and (3) in subsection (c)— (A) in paragraph (1), by striking The Administrator and the Foundation and inserting The Foundation, in consultation with the Administrator, ; and (B) by adding at the end the following: (3) Exclusion of funds from limitation The amount of a grant awarded under this subsection shall not count toward the limitation under subsection (b)(2) on funding to coastal States through grants awarded under subsection (b). . (e) Annual report on operation of the National Oceans and Coastal Security Fund Section 907(a) of the National Oceans and Coastal Security Act ( 16 U.S.C. 7506(a) ) is amended by striking Subject to and all that follows through the Foundation and inserting the following: Not later than 60 days after the end of each fiscal year, the Administrator and the Foundation . (f) Repeal of authorization of appropriations for fiscal years 2017, 2018, and 2019 Section 908 of the National Oceans and Coastal Security Act ( 16 U.S.C. 7507 ) is repealed. (g) Parity in offshore wind revenue sharing Section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) ) is amended— (1) in subparagraph (A), by striking (A) The Secretary and inserting the following: (A) In general Subject to subparagraphs (B) and (C), the Secretary ; (2) in subparagraph (B), by striking (B) The Secretary and inserting the following: (B) Disposition of revenues for projects located within 3 nautical miles seaward of State submerged land The Secretary ; and (3) by adding at the end the following: (C) Disposition of revenues for offshore wind projects in certain areas (i) Definitions In this subparagraph: (I) Covered offshore wind project The term covered offshore wind project means a wind-powered electric generation project in a wind energy area on the outer Continental Shelf that is not wholly or partially located within an area subject to subparagraph (B). (II) Eligible state The term eligible State means a State a point on the coastline of which is located within 75 miles of the geographic center of the covered offshore wind project. (ii) Requirement (I) In general Of the operating fees, rentals, bonuses, royalties, and other payments that are paid to the Secretary under subparagraph (A) from covered offshore wind projects— (aa) 12.5 percent shall be deposited in the Treasury and credited to miscellaneous receipts; (bb) 37.5 percent shall be deposited in the National Oceans and Coastal Security Fund established under section 904(a) of the National Oceans and Coastal Security Act ( 16 U.S.C. 7503(a) ); and (cc) 50 percent shall be deposited in a special account in the Treasury, from which the Secretary, subject to subclause (II), shall disburse to each eligible State an amount (based on a formula established by the Secretary of the Interior by rulemaking not later than 180 days after the date of enactment of the Reinvesting In Shoreline Economies and Ecosystems Act of 2021 ) that is inversely proportional to the respective distances between— (AA) the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract; and (BB) the geographic center of the leased tract. (II) Minimum allocation The amount allocated to an eligible State each fiscal year under item (cc) of subclause (I) shall be at least 10 percent of the amounts available under that item. (iii) Timing The amounts required to be deposited under item (cc) of clause (ii)(I) for the applicable fiscal year shall be made available in accordance with that item during the fiscal year immediately following the applicable fiscal year. (iv) Authorized uses (I) In general Subject to subclause (II), each State shall use all amounts received under clause (ii)(I)(cc) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes: (aa) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. (bb) Mitigation of damage to fish, wildlife, or natural resources, including through fisheries science and research. (cc) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan. (dd) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. (ee) Planning assistance and the administrative costs of complying with this section. (II) Limitation Of the amounts received by a State under clause (ii)(I)(cc), not more than 3 percent shall be used for the purposes described in subclause (I)(ee). (v) Administration Subject to clause (vi)(III), amounts made available under clause (ii)(I) shall— (I) be made available, without further appropriation, in accordance with this paragraph; (II) remain available until expended; and (III) be in addition to any amount appropriated under any other Act. (vi) Reporting requirement (I) In general Not later than 180 days after the end of each fiscal year, the Governor of each eligible State that receives amounts under clause (ii)(I)(cc) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the eligible State during the period covered by the report. (II) Public availability On receipt of a report under subclause (I), the Secretary shall make the report available to the public on the website of the Department of the Interior. (III) Limitation If the Governor of an eligible State that receives amounts under clause (ii)(I)(cc) for the applicable fiscal year fails to submit the report required under subclause (I) by the deadline specified in that subclause, any amounts that would otherwise be provided to the eligible State under clause (ii)(I)(cc) for the succeeding fiscal year shall be deposited in the National Oceans and Coastal Security Fund established under section 904(a) of the National Oceans and Coastal Security Act ( 16 U.S.C. 7503(a) ). . (h) Exemption of certain payments from sequestration (1) 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 Payments to Social Security Trust Funds (28–0404–0–1–651). the following: Payments to States pursuant to subparagraph (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) ). . (2) Applicability The amendment made by this subsection 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. 3. Gulf of Mexico outer Continental Shelf revenues (a) Definition of qualified outer Continental Shelf revenues Section 102(9)(A) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (1) in clause (i)(II), by striking and after the semicolon; and (2) by striking clause (ii) and inserting the following: (ii) with respect to amounts disbursed under subparagraphs (A) and (B) of section 105(a)(2)— (I) in the case of each of fiscal years 2017 through 2021, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016, from leases entered into on or after December 20, 2006, for— (aa) the 181 Area; (bb) the 181 South Area; and (cc) the 2002–2007 planning area; and (II) in the case of fiscal year 2022 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2021, from leases entered into on or after October 1, 2000, for— (aa) the 181 Area; (bb) the 181 South Area; and (cc) the 2002–2007 planning area; and (iii) with respect to amounts disbursed under section 105(a)(2)(C), in the case of fiscal year 2017 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016, from leases entered into on or after December 20, 2006, for— (I) the 181 Area; (II) the 181 South Area; and (III) the 2002–2007 planning area. . (b) Disposition of qualified outer Continental Shelf revenues (1) In general Section 105(a) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (A) in paragraph (1), by striking 50 and inserting 25 ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking 50 and inserting 75 ; (ii) in subparagraph (A)— (I) by striking 75 percent and inserting 2/3 ; and (II) by striking and after the semicolon; (iii) in subparagraph (B), by striking 25 percent and inserting 1/6 ; (iv) by redesignating subparagraph (B) as subparagraph (C); and (v) by inserting after subparagraph (A) the following: (B) 1/6 to the National Oceans and Coastal Security Fund established under section 904(a) of the National Oceans and Coastal Security Act ( 16 U.S.C. 7503(a) ). . (2) Conforming amendment Section 200304(b) of title 54, United States Code, is amended, in the matter preceding paragraph (1), by striking 105(a)(2)(B) and inserting 105(a)(2)(C) . (c) Elimination of limitation on amount of distributed qualified outer continental shelf revenues Section 105(f) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (1) in paragraph (1), by striking subparagraphs (A) through (C) and inserting the following: (A) $500,000,000 for each of fiscal years 2016 through 2019; and (B) $650,000,000 for each of fiscal years 2020 and 2021. ; (2) in paragraph (2), by striking 2055 and inserting 2021 ; and (3) in paragraph (3), by striking and (B) and inserting , (B), and (C) . (d) Exemption of certain payments from sequestration (1) 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 Payments to Social Security Trust Funds (28–0404–0–1–651). the following: Payments to States pursuant to section 105(a)(2)(A) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 ; 43 U.S.C. 1331 note) (014–5535–0–2–302). . (2) Applicability The amendment made by this subsection 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.
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117-s-2131
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II 117th CONGRESS 1st Session S. 2131 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Tester (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require a review of the effects of FHA mortgage insurance policies, practices, and products on small-dollar mortgage lending, and for other purposes.
1. Short title This Act may be cited as the Improving FHA Support for Small-Dollar Mortgages Act of 2021 . 2. Review of FHA small-dollar mortgage practices (a) Congressional findings The Congress finds that— (1) affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under $100,000; (2) according to the Urban Institute, small-dollar mortgage loan applications in 2019 were significantly more likely to be denied by lenders than large mortgage loans, and this difference in denial rates cannot be fully explained by differences in the applicants’ credit profiles; (3) according to data compiled by Attom Data solutions, mortgage originations for loans of $70,000 or less have decreased 38 percent since 2009, while there has been a 65-percent increase in origination of mortgages for more than $150,000; (4) the mission of the Federal Housing Administration (referred to in this section as the FHA ) is to serve creditworthy borrowers who are underserved and disproportionately serve borrowers with lower incomes, but, according to the Urban Institute, the FHA serves a smaller share of borrowers seeking small-dollar mortgage loans than borrowers seeking larger loans at every income level; and (5) the causes behind these variations are not fully understood but merit study that could assist in furthering the Department of Housing and Urban Development’s mission, including meeting the housing needs of borrowers the program is designed to serve and reducing barriers to homeownership, while protecting the solvency of the Mutual Mortgage Insurance Fund. (b) Review The Secretary of Housing and Urban Development (referred to in this section as the Secretary ) shall conduct a review of its FHA single-family mortgage insurance policies, practices, and products to identify any barriers or impediments to supporting, facilitating, and making available mortgage insurance for mortgages having an original principal obligation of $100,000 or less. Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the findings of such review and the actions that the Secretary will take, without adversely affecting the solvency of the Mutual Mortgage Insurance Fund.
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117-s-2132
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II 117th CONGRESS 1st Session S. 2132 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Braun (for himself, Mr. Boozman , Mr. Cramer , Mr. Cruz , Mr. Scott of Florida , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title 5, United States Code, to limit the use of taxpayer funded union time for employees of the Internal Revenue Service, and for other purposes.
1. Short title This Act may be cited as the IRS Customer Service Improvement Act . 2. Limitation on taxpayer funded union official time for Internal Revenue Service employees (a) In general Section 7131 of title 5, United States Code, is amended by adding at the end the following: (e) The authority provided under subsection (d) shall not apply with respect to the Internal Revenue Service, or an employee of the Internal Revenue Service, during the periods each year— (1) beginning on February 12 and ending on May 5; and (2) beginning on September 1 and ending on November 1. . (b) Conforming amendment Section 7131(d) of title 5, United States Code, is amended, in the matter preceding paragraph (1), by striking preceding and inserting other . (c) Application The amendments made by subsections (a) and (b) shall supersede the terms of any collective bargaining agreement (including a collective bargaining agreement that is in effect, as of the date of enactment of this Act) that are inconsistent with those amendments.
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117-s-2133
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II 117th CONGRESS 1st Session S. 2133 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Van Hollen (for himself, Mr. Casey , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To amend the Congressional Budget Act of 1974 to provide for studies and reports relating to the impact of legislation on spending on children, and for other purposes.
1. Short title This Act may be cited as the Focus on Children Act . 2. Studies and reports of the Congressional Budget Office relating to the impact of legislation on spending on children Section 202(g) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(g) ) is amended— (1) in the heading, by inserting and reports to Congress after Studies ; and (2) by adding at the end the following: (3) Spending on children studies and reports (A) Definitions In this paragraph— (i) the term budget of the President means the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code; (ii) the term category of spending on children means— (I) spending on children that is discretionary appropriations; (II) spending on children under an entitlement authority; (III) spending on children that is a tax expenditure; (IV) spending on children that is discretionary appropriations or under an entitlement authority; or (V) spending on children that is discretionary appropriations, under an entitlement authority, or a tax expenditure; (iii) the term child means an individual under 19 years of age; (iv) the term discretionary appropriations — (I) has the meaning given that term in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 ); and (II) includes amounts appropriated under Acts making supplemental appropriations and continuing resolutions; (v) the term Federal spending includes all outlays and tax expenditures; (vi) the term key indicator includes information relating to the outlays or tax expenditures described in subclause (I), (II), (III), (IV), or (V) of clause (vii); and (vii) the term spending on children includes— (I) outlays under an entitlement authority that go directly to children; (II) outlays for a Federal program or initiative that, consistent with the mission of the program or initiative, delivers services exclusively to children; (III) outlays for a Federal program or initiative that, while not serving children directly, has as a core mission goal the improvement of the health, education, welfare, or general well-being of children; (IV) for a Federal program or initiative that delivers services to both children and adults, the portion of outlays under the program or initiative attributable to providing benefits for children, based on the best available data; and (V) tax expenditures that have, as a core goal, the improvement of the health, education, welfare, or general well-being of children. (B) Studies At the request of the Chairman or Ranking Member of a committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a bill, joint resolution, amendment, amendment between the Houses, or conference report containing changes in spending on children that includes, separately for each category of spending on children, information and data, including the amount of the change in spending on children for each category of spending on children. (C) Annual reports on spending As soon as is practicable after the date on which the Director completes an analysis of the budget of the President, the Director shall submit to Congress a report that includes information and data regarding spending on children separately for each category of spending on children, including— (i) the amount of spending on children for each category of spending on children; and (ii) the share of Federal spending constituted by spending on children for each category of spending on children. (D) Annual reports on the budget of the President As soon as is practicable after the date on which the Director completes an analysis of the budget of the President, the Director shall submit to Congress a report on the budget of the President that includes information and data regarding spending on children separately for each category of spending on children for the prior fiscal year, the current fiscal year, the fiscal year for which the budget of the President is submitted, and the ensuing fiscal year, including— (i) for the prior fiscal year, the amount of and share of Federal spending constituted by each category of spending on children; (ii) for the current fiscal year, the estimated amount of and share of Federal spending constituted by each category of spending on children; (iii) for the fiscal year for which the budget of the President is submitted, the amount of and share of Federal spending constituted by each category of spending on children under the budget of the President; and (iv) for the fiscal year after the fiscal year described in clause (iii), the amount of and share of Federal spending constituted by each category of spending on children under the budget of the President. (E) Open data and transparency (i) In general The Director shall publish all of the reports and studies required under this paragraph in a publicly accessible format, including through— (I) the dashboard described in clause (ii); and (II) the open data portal described in clause (iii). (ii) Dashboard The Director shall develop and maintain on an internet website available to the public a tool (commonly referred to as a dashboard ) that— (I) highlights the key indicators identified in the reports and studies required under this paragraph; and (II) uses visualization tools to assist the public in understanding trends in spending on children over periods of time. (iii) Open data portal The Director shall develop and maintain an internet website available to the public that— (I) provides raw quantitative data relating to spending on children contained in reports and studies required under this paragraph; (II) provides that data in a widely accessible file format that allows the public to analyze the data; and (III) categorizes that data by budget account. .
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117-s-2134
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II 117th CONGRESS 1st Session S. 2134 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mrs. Gillibrand (for herself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Data Protection Agency.
1. Short title This Act may be cited as the Data Protection Act of 2021 . 2. Definitions In this Act: (1) Agency The term Agency means the Data Protection Agency established under section 3. (2) Anonymized data The term anonymized data means information— (A) that does not identify an individual; and (B) with respect to which there is no reasonable basis to believe that the information can be used on its own or in combination with other reasonably available information to identify an individual. (3) Automated decision system The term automated decision system means a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques, that makes a decision, or facilitates human decision making. (4) Biometric information The term biometric information — (A) means information regarding the physiological or biological characteristics of an individual that may be used, singly or in combination with each other or with other identifying data, to establish the identity of an individual; (B) includes— (i) genetic data; (ii) imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted; (iii) keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information; and (iv) any mathematical code, profile, or algorithmic model derived from information regarding the physiological or biological characteristics of an individual; (C) does not include information captured from a patient in a health care setting for a medical purpose or information collected, used, or stored for health care treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ); and (D) does not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening. (5) Collect The term collect — (A) means buying, renting, gathering, obtaining, receiving, or accessing any personal data by any means; and (B) includes— (i) receiving personal data from an individual or device; and (ii) creating, deriving, or inferring personal data by analyzing data about an individual or about groups of individuals similar to the individual. (6) Data aggregator The term data aggregator — (A) means any person that collects, uses, or shares, in or affecting interstate commerce, an amount of personal data that is not de minimis, as well as entities related to that person by common ownership or corporate control; and (B) does not include an individual who collects, uses, or shares personal data solely for non-commercial reasons. (7) Device The term device means any physical object that— (A) is capable of connecting to the internet or other communication network; or (B) has computer processing capabilities that can collect, send, receive, or store data. (8) Director The term Director means the Director of the Data Protection Agency. (9) Electronic data The term electronic data means any information that is in an electronic or digital format or any electronic or digital reference that contains information about an individual or device. (10) Federal privacy law The term Federal privacy law means the provisions of this Act, any other rule or order prescribed by the Agency under this Act, and the following laws (including any amendments made to such laws): (A) Title V of the Gramm-Leach-Bliley Act ( Public Law 106–102 ; 113 Stat. 1338). (B) The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ). (C) The Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6101 et seq. ). (D) The Fair and Accurate Credit Transactions Act of 2003 ( Public Law 108–159 ; 117 Stat. 1952). (E) The CAN-SPAM Act of 2003 ( 15 U.S.C. 7701 et seq. ). (F) Sections 222, 227, 338(l), 631, and 705 of the Communications Act of 1934 ( 47 U.S.C. 222 , 227, 338(l), 551, 705). (G) The Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ). (H) The Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. ). (I) The Identity Theft Assumption and Deterrence Act of 1998 ( Public Law 105–318 ; 117 Stat. 3007). (J) The General Education Provisions Act ( 20 U.S.C. 1221 et seq. ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ). (K) Section 552a of title 5, United States Code. (L) The E-Government Act of 2002 ( Public Law 107–347 ; 116 Stat. 2899). (M) The Computer Security Act of 1987 ( 40 U.S.C. 1441 note). (N) The Employee Polygraph Protection Act of 1988 ( 29 U.S.C. 2001 et seq. ). (O) The Communications Assistance for Law Enforcement Act ( Public Law 103–414 ; 108 Stat. 4279). (P) Sections 1028A, 1030, 1801, 2710, and 2721 and chapter 119, of title 18, United States Code. (Q) The Genetic Information Nondiscrimination Act of 2008 ( Public Law 110–233 ; 122 Stat. 881). (R) The Taxpayer Browsing Protection Act ( Public Law 105–35 ; 111 Stat. 1104). (S) The Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa et seq. ). (T) The Cable Communications Policy Act of 1984 ( Public Law 98–549 ; 98 Stat. 2779). (U) The Do-Not-Call Implementation Act ( Public Law 108–10 ; 117 Stat. 557). (V) The Wireless Communications and Public Safety Act of 1999 ( Public Law 106–81 ; 113 Stat. 1286). (W) Title XXX of the Public Health Service Act ( 42 U.S.C. 300jj et seq. ). (11) High-risk data practice The term high-risk data practice means an action by a data aggregator that involves— (A) the use of an automated decision system; (B) the processing of data in a manner that involves an individual’s protected class, familial status, lawful source of income, financial status such as the individual’s income or assets), veteran status, criminal convictions or arrests, citizenship, past, present, or future physical or mental health or condition, psychological states, or any other factor used as a proxy for identifying any of these characteristics; (C) a systematic processing of publicly accessible data on a large scale; (D) processing involving the use of new technologies, or combinations of technologies, that causes or materially contributes to privacy harm; (E) decisions about an individual’s access to a product, service, opportunity, or benefit which is based to any extent on automated decision system processing; (F) any profiling of individuals on a large scale; (G) any processing of biometric information for the purpose of uniquely identifying an individual, with the exception of one-to-one biometric authentication; (H) combining, comparing, or matching personal data obtained from multiple sources; (I) processing which involves an individual’s precise geolocation; (J) the processing of personal data of children and teens under 17 or other vulnerable individuals such as the elderly, people with disabilities, and other groups known to be susceptible for exploitation for marketing purposes, profiling, or automated processing; or (K) consumer scoring or other business practices that pertain to the eligibility of an individual, and related terms, rights, benefits, and privileges, for employment (including hiring, firing, promotion, demotion, and compensation), credit, insurance, housing, education, professional certification, or the provision of health care and related services. (12) High-risk data practice impact evaluation The term high-risk data practice impact evaluation means a study conducted after deployment of a high-risk data practice that includes, at a minimum— (A) an evaluation of a high-risk data practice’s accuracy, disparate impacts on the basis of protected class, and privacy harms; (B) an evaluation of the effectiveness of measures taken to minimize risks as outlined in any prior high-risk data practice risk assessments; and (C) recommended measures to further minimize risks to accuracy, disparate impacts on the basis of protected class, and privacy harms. (13) High-risk data practice risk assessment The term high-risk data practice risk assessment means a study evaluating a high-risk data practice and the high-risk data practice’s development process, including the design and training data of the high-risk data practice, if applicable, for likelihood and severity of risks to accuracy, bias, discrimination, and privacy harms that includes, at a minimum— (A) a detailed description of the high-risk data practice, including— (i) its design and methodologies; (ii) training data characteristics; (iii) data; and (iv) purpose; (B) an assessment of the relative benefits and costs of the high-risk data practice in light of its purpose, potential unintended consequences, and taking into account relevant factors, including— (i) data minimization practices; (ii) the duration and methods for which personal data and the results of the high-risk data practice are stored; (iii) what information about the high-risk data practice is available to individuals; (iv) the extent to which individuals have access to the results of the high-risk data practice and may correct or object to its results; and (v) the recipients of the results of the high-risk data practice; (C) an assessment of the risks of privacy harm posed by the high-risk data practice and the risks that the high-risk data practice may result in or contribute to inaccurate, biased, or discriminatory decisions impacting individuals or groups of individuals; and (D) the decision to accept, reject, or mitigate and minimize risks and the measures a data aggregator will employ including to minimize the risks described in subparagraph(C), including technological and physical safeguards. (14) Individual The term individual means a natural person. (15) Person The term person means an individual, a local, State, or Federal governmental entity, a partnership, a company, a corporation, an association (incorporated or unincorporated), a trust, an estate, a cooperative organization, another entity, or any other organization or group of such entities acting in concert. (16) Personal data The term personal data means electronic data that, alone or in combination with other data— (A) identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, household, or device; or (B) could be used to determine that an individual or household is part of a protected class. (17) Precise geolocation The term precise geolocation means any data that is derived from a device and that is used or intended to be used to locate an individual within a geographic area that is equal to or less than the area of a circle with a radius of one thousand, eight hundred and fifty (1,850) feet. (18) Privacy harm The term privacy harm means an adverse consequence, or a potential adverse consequence, to an individual, a group of individuals, or society caused, in whole or in part, by the collection, processing, or sharing of personal data, including— (A) direct or indirect financial loss or economic harm, including financial loss or economic harm arising from fraudulent activities or data security breaches; (B) physical harm, harassment, or a threat to an individual or property; (C) psychological harm, including anxiety, embarrassment, fear, other trauma, stigmatization, reputational harm, or the revealing or exposing of an individual, or a characteristic of an individual, in an unexpected way; (D) an adverse outcome or decision, including relating to the eligibility of an individual for the rights, benefits, or privileges in credit and insurance (including the denial of an application or obtaining less favorable terms), housing, education, professional certification, employment (including hiring, firing, promotion, demotion, and compensation), or the provision of health care and related services; (E) discrimination, including both differential treatment on the basis of a protected class and disparate impact on a protected class; (F) the chilling of free expression or action of an individual, or society generally, due to perceived or actual pervasive and excessive collection, processing, or sharing of personal data; (G) the use of information technology to covertly influence an individual’s decision-making, by targeting and exploiting decision-making vulnerabilities; and (H) any other adverse consequence, or potential adverse consequence, prohibited by or defined by Federal privacy laws; provisions of Federal civil rights laws related to the processing of personal information; provisions of Federal consumer protection laws related to the processing of personal information; the First Amendment; and other constitutional rights protecting privacy. (19) Process The term process means to perform an operation or set of operations on personal data, either manually or by automated means, including collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, sorting, classifying, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying. (20) Profile The term profile means the use of an automated decision system to process data (including personal data and other data) to derive, infer, predict or evaluate information about an individual or group, such as the processing of data to analyze or predict an individual’s identity, attributes, interests or behavior. (21) Protected class The term protected class means the actual or perceived race, color, ethnicity, national origin, religion, sex, gender, gender identity or expression, sexual orientation, familial status, biometric information, genetic information, or disability of an individual or a group of individuals. (22) Service provider The term service provider means a data aggregator that collects, uses, or shares personal data only on behalf of another data aggregator in order to carry out a permissible purpose, and only to the extent of such activity. (23) Share The term share means disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, personal data. 3. Establishment of the data protection agency (a) Agency established There is established in the Executive branch an independent agency to be known as the Data Protection Agency , which shall regulate high-risk data practices and the collection, processing, and sharing of personal data. (b) Director and deputy director (1) In general There is established a position of the Director of the Data Protection Agency (referred to in this Act as the Director ), who shall serve as the head of the Agency. (2) Appointment Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate. (3) Qualification The President shall nominate the Director from among members of the public at large who are well qualified for service at the Agency based on their knowledge and expertise in— (A) technology; (B) protection of personal data; (C) civil rights and liberties; (D) law; and (E) social sciences. (4) Compensation (A) In general The Director shall be compensated at the rate prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (B) Conforming amendment Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Federal Transit Administrator, the following new item: Director of the Data Protection Agency. . (5) Deputy director There is established the position of Deputy Director, who shall— (A) be appointed by the Director; and (B) serve as the acting Director in the absence or unavailability of the Director. (6) Acting director In the event of the death, resignation, sickness, or absence of the Director, the President shall designate the Deputy Director to serve as acting Director until the return of the Director, or the appointment of a successor pursuant to subsection (b). (c) Term (1) In general The Director shall serve for a term of 5 years. (2) Expiration of term An individual may serve as Director after the expiration of the term for which appointed until a successor has been appointed and qualified. (3) Removal The President may remove the Director at will. (4) Vacancy A vacancy in the position of Director that occurs before the expiration of the term for which a Director was appointed shall be filled in the manner established under paragraph (2), and the Director appointed to fill such vacancy shall be appointed only for the remainder of such term. (d) Service restriction No Director or Deputy Director may engage in any other employment during the period of service of such person as Director or Deputy Director. (e) Offices The principal office of the Agency shall be in the District of Columbia. The Director may establish regional offices of the Agency. (f) Applicability of other laws Except as otherwise provided expressly by law, all Federal laws dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapter 5 and 7 of title 5, United States Codes, shall apply to the exercise of the powers of the Agency. 4. Executive and administrative powers (a) Powers of the agency The Director is authorized to establish the general powers of the Agency with respect to all executive and administrative functions, including— (1) the establishment of rules for conducting the general business of the Agency, in a manner not inconsistent with this Act; (2) to bind the Agency and enter into contracts; (3) directing the establishment and maintenance of divisions or other offices within the Agency, in order to carry out the responsibilities under this Act and Federal privacy law, and to satisfy the requirements of applicable law; (4) to coordinate and oversee the operation of all administrative, enforcement, and research activities of the Agency; (5) to adopt and use a seal; (6) to determine the character of and necessity for the obligations by the Agency; (7) the appointment and supervision of personnel employed by the Agency; (8) the distribution of business among personnel appointed and supervised by the Agency; (9) the use and expenditure of funds; (10) implementing this Act and Federal privacy laws through rules, orders, guidance, interpretations, statements of policy, examinations, and enforcement actions; and (11) performing such other functions as may be authorized or required by law. (b) Delegation of authority The Director may delegate to any duly authorized employee, representative, or agent any power vested in the Agency by law. (c) Office responsibilities Notwithstanding subsections (a) and (b), section 3(a), and any other provision of law, with respect to the specific functional units and offices described in section 5(b), the Director— (1) shall ensure that such functional units and offices perform the functions, duties, and coordination assigned to them under the applicable provision of section 5; and (2) may not reorganize or rename such units or offices in a manner not provided for under the applicable provisions of section 5. (d) Autonomy of agency No officer or agency of the United States shall have any authority to require the Director or any other officer of the Agency to submit legislative recommendations, or testimony or comments on legislation, to any officer or agency of the United States for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Congress, if such recommendations, testimony, or comments to the Congress include a statement indicating that the views expressed therein are those of the Director or such officer, and do not necessarily reflect the views of the President. 5. Administration (a) Personnel (1) Appointment (A) In general The Director may fix the number of, and appoint and direct, all employees of the Agency, in accordance with the applicable provisions of title 5, United States Code. (B) Employees of the agency The Director may employ attorneys, compliance examiners, compliance supervision analysts, economists, technologists, data scientists, designers, ethicists, privacy experts, statisticians, and other employees as may be deemed necessary to conduct the business of the Agency. Unless otherwise provided expressly by law, any individual appointed under this section shall be an employee, as defined in section 2105 of title 5, United States Code, and subject to the provisions of such title and other laws generally applicable to the employees of an Executive agency. (C) Waiver authority (i) In general In making any appointment under subparagraph (A), the Director may waive the requirements of chapter 33 of title 5, United States Code, and the regulations implementing such chapter, to the extent necessary to appoint employees on terms and conditions that are consistent with those set forth in section 11(1) of the Federal Reserve Act ( 12 U.S.C. 248(1) ), while providing for— (I) fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions; (II) fair and open competition and equitable treatment in the consideration and selection of individuals to positions; and (III) fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, and promoting employees. (ii) Veterans preferences In implementing this subparagraph, the Director shall comply with the provisions of section 2302(b)(11) of title 5, United States Code, regarding veterans’ preference requirements, in a manner consistent with that in which such provisions are applied under chapter 33 of that title. The authority under this subparagraph to waive the requirements of that chapter 33 shall expire 5 years after the date of enactment of this Act. (D) Duty to provide adequate staffing The Director shall ensure that the specific functional units and offices established under section 5, as well as other units and offices with supervisory, rulemaking, and enforcement duties, are provided with sufficient staff to carry out the functions, duties, and coordination of those units and offices. (E) Limitation on political appointees (i) In general In appointing employees of the Agency who are political appointees, the Director shall ensure that the number and duties of such political appointees are as similar as possible to those of other Federal regulatory agencies. (ii) Political appointees defined For purposes of this subparagraph, the term political appointee means an employee who holds— (I) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policymaking, or policy-advocating character; (II) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a) of title 5, United States Code); or (III) a position under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code). (2) Compensation Notwithstanding any otherwise applicable provision of title 5, United States Code, concerning compensation, including the provisions of chapter 51 and chapter 53, the following provisions shall apply with respect to employees of the Agency: (A) The rates of basic pay for all employees of the Agency may be set and adjusted by the Director. (B) The Director shall at all times provide compensation (including benefits) to each class of employees that, at a minimum, are comparable to the compensation and benefits then being provided by the Board of Governors of the Federal Reserve System or the Bureau of Consumer Financial Protection for the corresponding class of employees. (C) All such employees shall be compensated (including benefits) on terms and conditions that are consistent with the terms and conditions set forth in section 11(l) of the Federal Reserve Act ( 12 U.S.C. 248(l) ). (3) Labor-management relations Chapter 71 of title 5, United States Code, shall apply to the Agency and the employees of the Agency. (b) Specific functional units (1) Office of civil rights The Director shall establish an office whose powers and duties shall include— (A) providing oversight and enforcement of this Act, rules and orders promulgated under this Act, and Federal privacy laws to ensure that the collection, processing, and sharing of personal data is fair, equitable, and non-discriminatory in treatment and effect; (B) developing, establishing, and promoting data processing practices that affirmatively further equal opportunity to and expand access to housing, employment, credit, insurance, education, healthcare, and other aspects of interstate commerce; (C) coordinating the Agency’s civil rights efforts with other Federal agencies and State regulators, as appropriate, to promote consistent, efficient, and effective enforcement of Federal civil rights laws; (D) working with civil rights advocates, privacy organizations, and data aggregators on the promotion of compliance with the civil rights provisions under this Act, rules and orders promulgated under this Act, and Federal privacy laws; (E) liaising with communities and consumers impacted by practices regulated by this Act and the Agency, to ensure that their needs and views are appropriately taken into account; (F) providing annual reports to Congress on the efforts of the Agency to fulfill its civil rights mandate; and (G) such additional powers and duties as the Director may determine are appropriate. (2) Research The Director shall establish a unit whose functions shall include researching, analyzing, assessing, and reporting on— (A) the collection and processing of personal data, including automated decision systems; (B) the collection and processing of personal data by government agencies, including contracts between government agencies and data aggregators; and (C) unfair, deceptive, or discriminatory outcomes that result or are likely to result from the use of automated decision systems, including disparate treatment or disparate impact on the basis of protected class or proxies for protected class. (3) Collecting and tracking complaints (A) In general (i) Establishment of unit The Director shall establish a unit, the functions of which shall include identifying and facilitating the development of best practices for consumers to file a complaint, and establishing a single toll-free telephone number, a publicly available website, and a publicly available database, or utilizing an existing publicly available database, to facilitate the centralized collection of, monitoring of, and response to complaints regarding the collection, processing, and sharing of personal data. (ii) Website requirements The Director shall ensure that— (I) the landing page of the main website of the Agency contains a clear and conspicuous hyperlink to the complaint database described in clause (i) and shall ensure that such database is user-friendly and in plain writing, as that term is defined in section 3 of the Plain Writing Act of 2010 ( 5 U.S.C. 301 note); and (II) that all information on the website or the database that explains how a complaint with the Agency, as well as reports of the Agency with respect to information contained in that database, shall be provided in each of the 5 most commonly spoken languages, other than English, in the United States, as determined by the Bureau of the Census on an ongoing basis, and in formats accessible to individuals with hearing or vision impairments. (B) Public availability of information (i) In general The Director shall— (I) make all complaints available to the public on a website of the Agency; (II) place a clear and conspicuous hyperlink on the landing page of the main website of the Agency to the website described under subclause (I); and (III) ensure that such website— (aa) is searchable and sortable by an data aggregator; and (bb) is user-friendly and written in plain language. (ii) Removal of personal data In making the information described under clause (i) available to the public, the Director shall remove all personal data. (c) Agency ombudsman (1) Establishment required The Director shall appoint an ombudsman. (2) Duties of ombudsman The ombudsman appointed in accordance with paragraph (1) shall— (A) act as a liaison between the Agency and any affected person with respect to any problem that such person may have in dealing with the Agency, resulting from the regulatory activities of the Agency; and (B) assure that safeguards exist to encourage complainants to come forward and preserve confidentiality. 6. Coordination The Agency shall coordinate with the Consumer Financial Protection Bureau, the Federal Communications Commission, the Federal Trade Commission, the Department of Commerce, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Education, the Equal Employment Opportunity Commission, the National Security Agency, the National Institute of Standards and Technology, the White House Office of Science and Technology Policy, the Cybersecurity and Infrastructure Security Agency, and other Federal agencies and State regulators, as appropriate, to promote consistent regulatory treatment of personal data. 7. Appearances before and reports to congress (a) Appearances before congress The Director of the Agency shall appear before Congress at semi-annual hearings regarding the reports required under subsection (b). (b) Reports required The Agency shall, concurrent with each semi-annual hearing referred to in subsection (a), prepare and submit to the President and Congress, a report, beginning with the session following the designated transfer date, and shall publish such report on the website of the Agency. (c) Contents The reports required by subsection (b) shall include— (1) a discussion of the significant problems faced by persons in exercising their rights under this Act and Federal privacy laws; (2) a justification of the budget request of the previous year; (3) a list of the significant rules and orders adopted by the Agency, as well as other significant initiatives conducted by the Agency, during the preceding year and the plan of the Agency for rules, orders, or other initiatives to be undertaken during the upcoming period; (4) an analysis of complaints about practices relating to the collection, processing, or sharing of personal data that the Agency has received and collected in its central database on complaints during the preceding year; (5) a list, with a brief statement of the issues, of the public supervisory and enforcement actions to which the Agency was a party during the preceding year; (6) the actions taken regarding rules, orders, and supervisory actions with respect to data aggregators; (7) an assessment of significant actions by State attorneys general or State regulators relating to this Act or other Federal privacy laws; (8) an analysis of the efforts of the Agency to fulfill the civil rights mandate of the Agency; and (9) an analysis of the efforts of the Agency to increase workforce and contracting diversity. 8. Funding; penalties and fines (a) Funding (1) Assessments, fees, charges (A) General authority The Director may collect an assessment, fee, or other charge from a data aggregator that has annual gross revenues that exceed $25,000,000 or annually collects, uses, or shares, alone or in combination, the personal data of 50,000 or more individuals, households, or devices. (B) Determination of amount In establishing the amount of any assessment, fee, or charge collected from a data aggregator under this section, the Director may take into account any factor that the Director determines is appropriate. (2) Authority of director The Director shall have sole authority to determine the manner in which the obligations of the Agency shall be incurred and its disbursements and expenses allowed and paid, in accordance with this section, except as provided in chapter 71 of title 5, United States Code (with respect to compensation). (b) Data protection agency fund (1) Separate fund in federal reserve established There is established in the Federal Reserve a separate fund, to be known as the Data Protection Agency Fund (referred to in this section as the Agency Fund ). The Agency Fund shall be maintained and established at a Federal reserve bank, in accordance with such requirements as the Board of Governors may impose. (2) Fund receipts All amounts transferred to the Agency under subsection (a) shall be deposited into the Agency Fund. (3) Investment authority (A) Amounts in agency fund may be invested The Agency may request the Board of Governors to direct the investment of the portion of the Agency Fund that is not, in the judgment of the Agency, required to meet the current needs of the Agency. (B) Eligible investments Investments authorized by this paragraph shall be made in obligations of the United States or obligations that are guaranteed as to principal and interest by the United States, with maturities suitable to the needs of the Agency Fund, as determined by the Agency. (C) Interest and proceeds credited The interest on, and the proceeds from the sale or redemption of, any obligations held in the Agency Fund shall be credited to the Agency Fund. (c) Use of funds (1) In general Funds obtained by, transferred to, or credited to the Agency Fund shall be immediately available to the Agency and under the control of the Director, and shall remain available until expended, to pay the expenses of the Agency in carrying out its duties and responsibilities. The compensation of the Director and other employees of the Agency and all other expenses thereof may be paid from, obtained by, transferred to, or credited to the Agency Fund under this section. (2) Funds that are not government funds Funds obtained by or transferred to the Agency Fund shall not be construed to be Government funds or appropriated monies. (3) Amounts not subject to apportionment Notwithstanding any other provision of law, amounts in the Agency Fund and in the Civil Penalty Fund established under subsection (d) shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. (d) Penalties and fines (1) Establishment of victims relief fund There is established in the Federal Reserve a separate fund, to be known as the Data Protection Civil Penalty Fund (referred to in this section as the Civil Penalty Fund ). The Civil Penalty Fund shall be maintained and established at a Federal reserve bank, in accordance with such requirements as the Board of Governors may impose. If the Agency obtains a civil penalty against any person in any judicial or administrative action under Federal laws, the Agency shall deposit into the Civil Penalty Fund, the amount of the penalty collected. (2) Payment to victims Amounts in the Civil Penalty Fund shall be available to the Agency, without fiscal year limitation, for payments to the victims of activities for which civil penalties have been imposed under this Act and for other violations of other Federal privacy laws. If individual victims can be identified through reasonable effort, and the distributions are sufficiently large to make individual distributions economically viable, penalties should be distributed directly to individual victims. To the extent that individuals cannot be located or such redress, payments or compensation, or other monetary relief are otherwise not practicable or economically viable, the Agency may— (A) use such funds for the purpose of consumer or business education relating to data protection or for the purpose of engaging in technological research that the Agency considers necessary to enforce this Act and Federal privacy laws; and (B) utilize a cy-pres approach to distribute funds in order to advance data protection and privacy in the United States. The Agency may identify recipients, including charitable and civil society organizations, whose interests reasonable approximate those of the victims of the activities for which civil penalties have been imposed and distribute funds from the Civil Penalty Fund to those recipients. 9. Purpose, objectives, and functions (a) Purpose The Agency shall seek to protect individuals’ privacy, prevent and remediate privacy harms, prevent, remediate, and reduce discrimination on the basis of protected class through the processing of personal information, including both differential treatment on the basis of a protected class and disparate impact on a protected class, and limit the collection, processing, and sharing of personal data; and is authorized to exercise its authorities under this Act for such purposes. (b) Objectives The Agency is authorized to exercise its authorities under this Act to— (1) protect individuals from violations of this Act, other Federal privacy laws, or rules and orders issued under this Act; (2) promote and affirmatively further equal opportunity in all aspects of economic life as it relates to the fair and non-discriminatory processing of personal information; (3) oversee the use of high-risk data practices; (4) promote the minimization of collection of personal data for commercial purposes; (5) prevent and remediate privacy harms; and (6) ensure that Federal privacy law is enforced consistently and in order to protect individuals’ privacy. (c) Functions The primary functions of the Agency are— (1) providing leadership and coordination to the efforts of all Federal departments and agencies to enforce all Federal statutes, Executive orders, regulations and policies which involve privacy or data protection; (2) maximizing effort, promoting efficiency, and eliminating conflict, competition, duplication, and inconsistency among the operations, functions, and jurisdictions of Federal departments and agencies responsible for privacy or data protection, and data protection rights and standards; (3) providing active leadership, guidance, education, and appropriate assistance to private sector businesses, organizations, groups, institutions, and individuals regarding privacy and data protection rights and standards; (4) requiring and overseeing ex-ante high-risk data practice risk assessments and ex-post high-risk data practice impact evaluations to advance fair and just data practices; (5) protecting individuals and groups of individuals from privacy harms; (6) examining the social, ethical, economic, and civil rights impacts of data collection and processing practices and proposing remedies; (7) protecting civil rights, combating unlawful discrimination, and affirmatively furthering equal opportunity as they relate to the processing of personal information; (8) ensuring that high-risk data privacy practices are fair, just, non-deceptive, and do not discriminate against a protected class; (9) collecting, researching, and responding to complaints; (10) developing model privacy and data protection standards, guidelines, and policies for use by the private sector; and (11) enforcing other privacy statutes and rules as authorized by Congress. 10. Rulemaking authority (a) In general The Agency is authorized to exercise its authorities under this Act to administer, enforce, and otherwise implement the provisions of this Act and Federal privacy law. (b) Rulemaking, orders, and guidance (1) General authority The Director may prescribe rules and issue orders and guidance, as may be necessary or appropriate to enable the Agency to administer and carry out the purposes and objectives of this Act and other Federal privacy laws, and to prevent evasions of this Act and other Federal privacy laws. (2) Regulations The Agency shall issue such regulations, after notice and comment in accordance with section 553 of title 5, United States Code, as may be necessary to carry out this Act. The Agency shall prescribe rules applicable to a data aggregator or service provider identifying— (A) high-risk data practices in connection with the collection, processing, or sharing of personal data, which may include requirements for the purpose of auditing, preventing, or restricting such acts or practices; (B) acts or practices in connection with the collection, processing, or sharing of personal data that causes or are likely to cause privacy harm to individuals or groups of individuals, which may include requirements for the purpose of preventing or restricting such acts or practices; (C) unlawful, unfair, deceptive, abusive, or discriminatory acts or practices in connection with the collection, processing, or sharing of personal data, which may include requirements for the purpose of preventing or restricting such acts or practices, for the purpose of preventing disparate impacts on the basis of protected class, or for the purpose of affirmatively furthering equal opportunity; (D) rights that data aggregators must provide to individuals, including the right to access and correct, limit the processing of, and request deletion of the individual’s personal data; and (E) obligations on data aggregators, including transparency about business practices, data collection limitations, processing and disclosure limitations, purpose specification and legal basis for processing requirements, accountability requirements, confidentiality and security requirements, and data accuracy requirements. (3) No limitation Rules prescribed under this section shall not limit the authority of the Agency to administer, enforce, and otherwise implement the provisions of this Act and Federal privacy law. (4) Standards for rulemaking In prescribing a rule under this Act or Federal privacy laws— (A) the Agency shall consider the impact of proposed rules on an individual or groups of individuals; (B) the Agency may provide that a rule shall only apply to a subcategory of data aggregators, as defined by the Agency; and (C) the Agency shall consult with civil society groups and members of the public. (5) Rule of construction Nothing in this paragraph may be construed to require the Agency to engage in cost-benefit analysis or submit a rulemaking for review to the President or the Office of Management and Budget. (6) Standard for review If this Act is silent or ambiguous, and the Agency has followed the procedures in section 553 or 554 of title 5, United States Code, as applicable, a reviewing court shall defer to the Agency’s reasonable or permissible interpretation of this Act. (c) Monitoring In order to support its rulemaking and other functions, the Agency shall monitor for risks to individuals or groups of individuals in the collection, processing, or sharing of personal data. 11. Supervision of data aggregators (a) In general A large data aggregator is a data aggregator that satisfies one or more of the following thresholds: (1) The data aggregator has annual gross revenues that exceed $25,000,000. (2) The data aggregator annually collects, uses, or shares, alone or in combination, the personal data of 50,000 or more individuals, households, or devices. (b) Supervision The Agency may require reports and conduct examinations on a periodic basis of large data aggregators described in subsection (a) for purposes of— (1) assessing compliance with the requirements of this Act, rules and orders issued by the Agency, or other Federal privacy laws; (2) obtaining information about the activities subject to such laws and the associated compliance systems or procedures of such entities; (3) detecting and assessing associated risks to individuals and groups of individuals; and (4) requiring and overseeing high-risk data practice risk impact assessments and high-risk data practice impact evaluations to advance fair and just data practices. (c) Publicly accessible list The Agency shall maintain a publicly accessible list of data aggregators that collect, process, or share personal data of more than 10,000 persons or households, and the permissible purposes for which the data aggregators purport to collect personal data. (d) Merger review The Agency shall conduct a review and submit to the Federal Trade Commission and Department of Justice a report on the privacy and data protection implications of— (1) any merger involving a data aggregator described in subsection (a); or (2) any merger that proposes the transfer of personal data of 50,000 or more individuals. 12. Prohibited acts It shall be unlawful for— (1) any data aggregator or service provider to commit any act or omission in violation of this Act, Federal privacy law, or any rule or order issued by the Agency under this Act; (2) any data aggregator or service provider to commit any unlawful, unfair, deceptive, abusive, or discriminatory acts or practices in connection with the collection, processing, or sharing of personal data; (3) any data aggregator or service provider to fail or refuse as required by this Act or Federal privacy law, or any rule or order issued by the Agency thereunder— (A) to permit access to or copying of records; (B) to establish or maintain records; or (C) to make reports or provide information to the Agency; (4) any person to knowingly or recklessly provide substantial assistance to a data aggregator or service provider in violation of this Act or Federal privacy law, or any rule or order issued thereunder, and notwithstanding any provision of this Act, the provider of such substantial assistance shall be deemed to be in violation of this Act or Federal privacy law to the same extent as the person to whom substantial assistance is provided; or (5) any person, data aggregator, or service provider to re-identify, or attempt to re-identify, an individual, household, or device from anonymized data, unless such person, data aggregator, or service provider is conducting authorized testing to prove personal data has been anonymized. 13. Enforcement powers (a) Definitions For purposes of this section, the following definitions shall apply: (1) Agency investigation The term Agency investigation means any inquiry conducted by an Agency investigator for the purpose of ascertaining whether any person is or has been engaged in any conduct that is a violation, as defined in this section. (2) Agency investigator The term Agency investigator means any attorney or investigator employed by the Agency who is charged with the duty of enforcing or carrying into effect this Act any other Federal privacy law. (3) Custodian The term custodian means the custodian or any deputy custodian designated by the Agency. (4) Documentary material The term documentary material includes the original or any copy of any book, document, record, report, memorandum, paper, communication, tabulation, chart, logs, electronic files, or other data or data compilations stored in any medium. (5) Violation The term violation means any act or omission that, if proved, would constitute a violation of any provision of this Act or any other Federal privacy law. (b) Investigations and administrative discovery (1) Joint investigations (A) In general The Agency or, where appropriate, an Agency investigator, may engage in joint investigations and requests for information, as authorized under this Act. (B) Civil rights The authority under subparagraph (A) includes matters relating to protection of individuals’ civil rights under this Act and joint investigations with, and requests for information from, the Director of the Bureau of Consumer Financial Protection, the Federal Trade Commission, the Secretary of Housing and Urban Development, the Department of Education, the Equal Employment Opportunity Commission, the Department of Health and Human Services, or the Attorney General. (2) Subpoenas (A) In general The Agency or an Agency investigator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, documents, or other material in connection with hearings under this Act. (B) Failure to obey In the case of contumacy or refusal to obey a subpoena issued pursuant to this subparagraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Agency or an Agency investigator and after notice to such person, may issue an order requiring such person to appear and give testimony or to appear and produce documents or other material. (C) Contempt Any failure to obey an order of the court under this subparagraph may be punished by the court as a contempt thereof. (3) Demands (A) In general Whenever the Agency has reason to believe that any person may be in possession, custody, or control of any documentary material or tangible things, or may have any information, relevant to a violation, the Agency may, before the institution of any proceedings under this Act, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to— (i) produce such documentary material for inspection and copying or reproduction in the form or medium requested by the Agency; (ii) submit such tangible things; (iii) file written reports or answers to questions; (iv) give oral testimony concerning documentary material, tangible things, or other information; or (v) furnish any combination of such material, answers, or testimony. (B) Requirements Each civil investigative demand shall state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to such violation. (C) Production of documents Each civil investigative demand for the production of documentary material shall— (i) describe each class of documentary material to be produced under the demand with such definiteness and certainty as to permit such material to be fairly identified; (ii) prescribe a return date or dates which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and (iii) identify the custodian to whom such material shall be made available. (D) Production of things Each civil investigative demand for the submission of tangible things shall— (i) describe each class of tangible things to be submitted under the demand with such definiteness and certainty as to permit such things to be fairly identified; (ii) prescribe a return date or dates which will provide a reasonable period of time within which the things so demanded may be assembled and submitted; and (iii) identify the custodian to whom such things shall be submitted. (E) Demand for written reports or answers Each civil investigative demand for written reports or answers to questions shall— (i) propound with definiteness and certainty the reports to be produced or the questions to be answered; (ii) prescribe a date or dates at which time written reports or answers to questions shall be submitted; and (iii) identify the custodian to whom such reports or answers shall be submitted. (F) Oral testimony Each civil investigative demand for the giving of oral testimony shall— (i) prescribe a date, time, and place at which oral testimony shall be commenced; and (ii) identify an Agency investigator who shall conduct the investigation and the custodian to whom the transcript of such investigation shall be submitted. (G) Service Any civil investigative demand issued, and any enforcement petition filed, under this paragraph may be served— (i) by any Agency investigator at any place within the territorial jurisdiction of any court of the United States; and (ii) upon any person who is not found within the territorial jurisdiction of any court of the United States— (I) in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign nation; and (II) to the extent that the courts of the United States have authority to assert jurisdiction over such person, consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by such person that such district court would have if such person were personally within the jurisdiction of such district court. (H) Method of service Service of any civil investigative demand or any enforcement petition filed under this paragraph may be made upon a person, including any legal entity, by— (i) delivering a duly executed copy of such demand or petition to the individual or to any partner, executive officer, managing agent, or general agent of such person, or to any agent of such person authorized by appointment or by law to receive service of process on behalf of such person; (ii) delivering a duly executed copy of such demand or petition to the principal office or place of business of the person to be served; or (iii) depositing a duly executed copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such person at the principal office or place of business of such person. (I) Proof of service (i) In general A verified return by the individual serving any civil investigative demand or any enforcement petition filed under this paragraph setting forth the manner of such service shall be proof of such service. (ii) Return receipts In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand or enforcement petition. (J) Production of documentary material The production of documentary material in response to a civil investigative demand shall be made under a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by any person having knowledge of the facts and circumstances relating to such production, to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the custodian. (K) Submission of tangible things The submission of tangible things in response to a civil investigative demand shall be made under a sworn certificate, in such form as the demand designates, by the person to whom the demand is directed or, if not a natural person, by any person having knowledge of the facts and circumstances relating to such production, to the effect that all of the tangible things required by the demand and in the possession, custody, or control of the person to whom the demand is directed have been submitted to the custodian. (L) Separate answers Each reporting requirement or question in a civil investigative demand shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for the objection shall be stated in lieu of an answer, and it shall be submitted under a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by any person responsible for answering each reporting requirement or question, to the effect that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. (M) Testimony (i) In general (I) Oath and recordation The examination of any person pursuant to a demand for oral testimony served under this paragraph shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place at which the examination is held. The officer before whom oral testimony is to be taken shall put the witness on oath or affirmation and shall personally, or by any individual acting under the direction of and in the presence of the officer, record the testimony of the witness. (II) Transcription The testimony shall be taken stenographically and transcribed. (III) Transmission to custodian After the testimony is fully transcribed, the officer investigator before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. (ii) Parties present Any Agency investigator before whom oral testimony is to be taken shall exclude from the place where the testimony is to be taken all other persons, except the person giving the testimony, the attorney for that person, the officer before whom the testimony is to be taken, an investigator or representative of an agency with which the Agency is engaged in a joint investigation, and any stenographer taking such testimony. (iii) Location The oral testimony of any person taken pursuant to a civil investigative demand shall be taken in the judicial district of the United States in which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the Agency investigator before whom the oral testimony of such person is to be taken and such person. (iv) Attorney representation (I) In general Any person compelled to appear under a civil investigative demand for oral testimony pursuant to this section may be accompanied, represented, and advised by an attorney. (II) Authority The attorney may advise a person described in subclause (I), in confidence, either upon the request of such person or upon the initiative of the attorney, with respect to any question asked of such person. (III) Objections A person described in subclause (I), or the attorney for that person, may object on the record to any question, in whole or in part, and such person shall briefly state for the record the reason for the objection. An objection may properly be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination, but such person shall not otherwise object to or refuse to answer any question, and such person or attorney shall not otherwise interrupt the oral examination. (IV) Refusal to answer If a person described in subclause (I) refuses to answer any question— (aa) the Agency may petition the district court of the United States pursuant to this section for an order compelling such person to answer such question; and (bb) if the refusal is on grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of section 6004 of title 18, United States Code. (v) Transcripts For purposes of this paragraph— (I) after the testimony of any witness is fully transcribed, the Agency investigator shall afford the witness (who may be accompanied by an attorney) a reasonable opportunity to examine the transcript; (II) the transcript shall be read to or by the witness, unless such examination and reading are waived by the witness; (III) any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the Agency investigator, with a statement of the reasons given by the witness for making such changes; (IV) the transcript shall be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign; and (V) if the transcript is not signed by the witness during the 30-day period following the date on which the witness is first afforded a reasonable opportunity to examine the transcript, the Agency investigator shall sign the transcript and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with any reasons given for the failure to sign. (vi) Certification by investigator The Agency investigator shall certify on the transcript that the witness was duly sworn by him or her and that the transcript is a true record of the testimony given by the witness, and the Agency investigator shall promptly deliver the transcript or send it by registered or certified mail to the custodian. (vii) Copy of transcript The Agency investigator shall furnish a copy of the transcript (upon payment of reasonable charges for the transcript) to the witness only, except that the Agency may for good cause limit such witness to inspection of the official transcript of his testimony. (viii) Witness fees Any witness appearing for the taking of oral testimony pursuant to a civil investigative demand shall be entitled to the same fees and mileage which are paid to witnesses in the district courts of the United States. (4) Confidential treatment of demand material (A) In general Documentary materials and tangible things received as a result of a civil investigative demand shall be subject to requirements and procedures regarding confidentiality, in accordance with rules established by the Agency. (B) Disclosure to congress No rule established by the Agency regarding the confidentiality of materials submitted to, or otherwise obtained by, the Agency shall be intended to prevent disclosure to either House of Congress or to an appropriate committee of the Congress, except that the Agency is permitted to adopt rules allowing prior notice to any party that owns or otherwise provided the material to the Agency and had designated such material as confidential. (5) Petition for enforcement (A) In general Whenever any person fails to comply with any civil investigative demand duly served upon such person under this section, or whenever satisfactory copying or reproduction of material requested pursuant to the demand cannot be accomplished and such person refuses to surrender such material, the Agency, through such officers or attorneys as it may designate, may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person, a petition for an order of such court for the enforcement of this paragraph. (B) Service of process All process of any court to which application may be made as provided in this subparagraph may be served in any judicial district. (6) Petition for order modifying or setting aside demand (A) In general Not later than 20 days after the service of any civil investigative demand upon any person under subparagraph (B), or at any time before the return date specified in the demand, whichever period is shorter, or within such period exceeding 20 days after service or in excess of such return date as may be prescribed in writing, subsequent to service, by any Agency investigator named in the demand, such person may file with the Agency a petition for an order by the Agency modifying or setting aside the demand. (B) Compliance during pendency The time permitted for compliance with the demand in whole or in part, as determined proper and ordered by the Agency, shall not run during the pendency of a petition under clause (i) at the Agency, except that such person shall comply with any portions of the demand not sought to be modified or set aside. (C) Specific grounds A petition under subparagraph (A) shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of such person. (7) Custodial control At any time during which any custodian is in custody or control of any documentary material, tangible things, reports, answers to questions, or transcripts of oral testimony given by any person in compliance with any civil investigative demand, such person may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section or rule promulgated by the Agency. (8) Jurisdiction of court (A) In general Whenever any petition is filed in any district court of the United States under this paragraph, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. (B) Appeal Any final order entered as described in subparagraph (A) shall be subject to appeal pursuant to section 1291 of title 28, United States Code. (c) Hearings and adjudicatory proceedings (1) In general The Agency is authorized to conduct hearings and adjudication proceedings with respect to any person in the manner prescribed by chapter 5 of title 5, United States Code in order to ensure or enforce compliance with— (A) the provisions of this Act and other Federal privacy laws, including any rules prescribed by the Agency under this Act and other Federal privacy laws; and (B) any other Federal privacy law that the Agency is authorized to enforce, and any rules or order prescribed thereunder, unless such Federal privacy law specifically limits the Agency from conducting a hearing or adjudication proceeding and only to the extent of such limitation. (2) Special rules for cease-and-desist proceedings (A) Orders authorized (i) In general If, in the opinion of the Agency, any data aggregator is engaging or has engaged in an activity that violates a law, rule, or any condition imposed in writing on the person by the Agency, the Agency may issue and serve upon the data aggregator or service provider a notice of charges in respect thereof. (ii) Content of notice The notice under clause (i) shall contain a statement of the facts constituting the alleged violation or violations, and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the data aggregator or service provider, such hearing to be held not earlier than 30 days nor later than 60 days after the date of service of such notice, unless an earlier or a later date is set by the Agency, at the request of any party so served. (iii) Consent Unless the party or parties served under clause (ii) appear at the hearing personally or by a duly authorized representative, such person shall be deemed to have consented to the issuance of the cease-and-desist order. (iv) Procedure In the event of consent under clause (ii), or if, upon the record made at any such hearing, the Agency finds that any violation specified in the notice of charges has been established, the Agency may issue and serve upon the data aggregator or service provider an order to cease and desist from the violation or practice. Such order may, by provisions which may be mandatory or otherwise, require the data aggregator or service provider to cease and desist from the subject activity, and to take affirmative action to correct the conditions resulting from any such violation. (B) Effectiveness of order A cease-and-desist order shall become effective at the expiration of 30 days after the date of service of an order under subparagraph (A) upon the data aggregator or service provider concerned (except in the case of a cease-and-desist order issued upon consent, which shall become effective at the time specified therein), and shall remain effective and enforceable as provided therein, except to such extent as the order is stayed, modified, terminated, or set aside by action of the Agency or a reviewing court. (C) Decision and appeal Any hearing provided for in this subsection shall be held in the Federal judicial district or in the territory in which the residence or principal office or place of business of the person is located unless the person consents to another place, and shall be conducted in accordance with the provisions of chapter 5 of title 5 of the United States Code. After such hearing, and within 90 days after the Agency has notified the parties that the case has been submitted to the Agency for final decision, the Agency shall render its decision (which shall include findings of fact upon which its decision is predicated) and shall issue and serve upon each party to the proceeding an order or orders consistent with the provisions of this section. Judicial review of any such order shall be exclusively as provided in this subsection. Unless a petition for review is timely filed in a court of appeals of the United States, as provided in subparagraph (D), and thereafter until the record in the proceeding has been filed as provided in subparagraph (D), the Agency may at any time, upon such notice and in such manner as the Agency shall determine proper, modify, terminate, or set aside any such order. Upon filing of the record as provided, the Agency may modify, terminate, or set aside any such order with permission of the court. (D) Appeal to court of appeals Any party to any proceeding under this subsection may obtain a review of any order served pursuant to this subparagraph (other than an order issued with the consent of the person concerned) by the filing in the court of appeals of the United States for the circuit in which the principal office of the covered person is located, or in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Agency be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Agency, and thereupon the Agency shall file in the court the record in the proceeding, as provided in section 2112 of title 28 of the United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall except as provided in the last sentence of subparagraph (C) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Agency. Review of such proceedings shall be had as provided in chapter 7 of title 5 of the United States Code. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court of the United States, upon certiorari, as provided in section 1254 of title 28 of the United States Code. (E) No stay The commencement of proceedings for judicial review under clause (iv) shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Agency. (3) Special rules for temporary cease-and-desist proceedings (A) In general Whenever the Agency determines that the violation specified in the notice of charges served upon a data aggregator, including a service provider, pursuant to paragraph (2), or the continuation thereof, is likely to cause the person to be insolvent or otherwise prejudice the interests of individuals before the completion of the proceedings conducted pursuant to paragraph (2), the Agency may issue a temporary order requiring the data aggregator or service provider to cease and desist from any such violation or practice and to take affirmative action to prevent or remedy such insolvency or other condition pending completion of such proceedings. Such order may include any requirement authorized under this Act. Such order shall become effective upon service upon the data aggregator or servicer provider and, unless set aside, limited, or suspended by a court in proceedings authorized by clause (ii), shall remain effective and enforceable pending the completion of the administrative proceedings pursuant to such notice and until such time as the Agency shall dismiss the charges specified in such notice, or if a cease-and-desist order is issued against the person, until the effective date of such order. (B) Appeal Not later than 10 days after the data aggregator or service provider concerned has been served with a temporary cease-and-desist order, the data aggregator or service provider may apply to the United States district court for the judicial district in which the residence or principal office or place of business of such data aggregator or servicer provider is located, or the United States District Court for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order pending the completion of the administrative proceedings pursuant to the notice of charges served upon the data aggregator or servicer provider under subparagraph (B), and such court shall have jurisdiction to issue such injunction. (C) Incomplete or inaccurate records (i) Temporary order If a notice of charges served under paragraph (2) specifies, on the basis of particular facts and circumstances, that the books and records of a data aggregator or service provider are so incomplete or inaccurate that the Agency is unable to determine the financial condition of that data aggregator or service provider or the details or purpose of any transaction or transactions that may have a material effect on the financial condition of that person, the Agency may issue a temporary order requiring— (I) the cessation of any activity or practice which gave rise, whether in whole or in part, to the incomplete or inaccurate state of the books or records; or (II) affirmative action to restore such books or records to a complete and accurate state, until the completion of the proceedings under paragraph (2)(A). (ii) Effective period Any temporary order issued under clause (i)— (I) shall become effective upon service; and (II) unless set aside, limited, or suspended by a court in proceedings under subparagraph (B), shall remain in effect and enforceable until the earlier of— (aa) the completion of the proceeding initiated under paragraph (2) in connection with the notice of charges; or (bb) the date the Agency determines, by examination or otherwise, that the books and records of the covered person or service provider are accurate and reflect the financial condition thereof. (4) Special rules for enforcement of orders (A) In general The Agency may in its discretion apply to the United States district court within the jurisdiction of which the principal office or place of business of the person is located, for the enforcement of any effective and outstanding notice or order issued under this section, and such court shall have jurisdiction and power to order and require compliance herewith. (B) Exception Except as otherwise provided in this subparagraph, no court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any notice or order or to review, modify, suspend, terminate, or set aside any such notice or order. (5) Rules The Agency shall prescribe rules establishing such procedures as may be necessary to carry out this paragraph. (d) Litigation authority (1) In general If any person violates this Act, a rule or order issued under this Act, or a Federal privacy law, the Agency may commence a civil action against such person to impose a civil penalty or to seek all appropriate legal and equitable relief including a permanent or temporary injunction as permitted by law. (2) Representation The Agency may act in its own name and through its own attorneys in enforcing any provision of this Act, rules thereunder, or any other law or regulation, or in any action, suit, or proceeding to which the Agency is a party. (3) Compromise of actions The Agency may compromise or settle any action if such compromise is approved by the court. (4) Notice to the attorney general (A) In general When commencing a civil action under this Act or any Federal privacy law, or any rule thereunder, the Agency shall notify the Attorney General. (B) Notice and coordination (i) Notice of other actions In addition to any notice required under subparagraph (A), the Agency shall notify the Attorney General concerning any action, suit, or proceeding to which the Agency is a party, except an action, suit, or proceeding that involves a violation of this Act or a Federal privacy law. (ii) Coordination In order to avoid conflicts and promote consistency regarding litigation of matters under Federal law, the Attorney General and the Agency shall consult regarding the coordination of investigations and proceedings, including by negotiating an agreement for coordination by not later than 180 days after the designated transfer date. The agreement under this subclause shall include provisions to ensure that parallel investigations and proceedings involving the Federal privacy laws are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws. (iii) Rule of construction Nothing in this paragraph shall be construed to limit the authority of the Agency under this title, including the authority to interpret Federal privacy law . (5) Appearance before the supreme court The Agency may represent itself in its own name before the Supreme Court of the United States, if the Agency makes a written request to the Attorney General within the 10-day period that begins on the date of entry of the judgment that would permit any party to file a petition for writ of certiorari, and the Attorney General concurs with such request or fails to take action within 60 days of the request of the Agency. (6) Forum Any civil action brought under a Federal privacy law may be brought in a United States district court or in any court of competent jurisdiction of a State in a district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to enjoin such person and to require compliance with any Federal privacy law. (7) Time for bringing action Except as otherwise permitted by law or equity, no action may be brought under this Act or other Federal privacy law more than 5 years after the date of discovery of the violation to which an action relates. (e) Relief available (1) Administrative proceedings or court actions (A) Jurisdiction The court (or the Agency, as the case may be) in an action or adjudication proceeding brought under this Act or a Federal privacy law, shall have jurisdiction to grant any appropriate legal or equitable relief with respect to a violation of this Act or Federal privacy law, including a violation of a rule or order prescribed under this Act or Federal privacy law. (B) Relief Relief under this section may include, without limitation— (i) rescission or reformation of contracts; (ii) refund of moneys or return of real property; (iii) restitution; (iv) disgorgement of any revenue, data, or technologies, including automated decision systems, data sets, or algorithms, attributable to a violation of this Act, Federal privacy law, or any rule or order issued by the Agency under this Act; (v) payment of damages or other monetary relief; (vi) public notification regarding the violation, including the costs of notification; (vii) limits on the activities or functions of the person; and (viii) civil money penalties, as set forth more fully in paragraph (3). (C) No exemplary or punitive damages Nothing in this subparagraph shall be construed as authorizing the imposition of exemplary or punitive damages in an action brought by the Agency. (2) Recovery of costs In any action brought by the Agency, a State attorney general, or any State regulator to enforce this Act or any Federal privacy law, the Agency, the State attorney general, or the State regulator may recover its costs in connection with prosecuting such action if the Agency, the State attorney general, or the State regulator is the prevailing party in the action. (3) Civil money penalty in court and administrative actions (A) In general Any person that violates, through any act or omission, any provision of this Act or any Federal privacy law shall forfeit and pay a civil penalty pursuant to this subparagraph. (B) Penalty amounts (i) First tier For any violation of a law, rule, or final order or condition imposed in writing by the Agency, a civil penalty may not exceed— (I) $5,000 for each day during which such violation or failure to pay continues; or (II) $15,000 for each day during which such violation or failure to pay continues if such violation involves the personal data of individuals under the age of 13. (ii) Second tier Notwithstanding clause (i), for any person that recklessly engages in a violation of this Act or any Federal privacy law, a civil penalty may not exceed— (I) $25,000 for each day during which such violation or failure to pay continues; or (II) $75,000 for each day during which such violation or failure to pay continues if such violation involves the personal data of individuals under the age of 13. (iii) Third tier Notwithstanding clauses (i) and (ii), for any person that knowingly violates this Act or any Federal privacy law, a civil penalty may not exceed— (I) $1,000,000 for each day during which such violation continues; or (II) $3,000,000 for each day during which such violation or failure to pay continues if such violation involves the personal data of individuals under the age of 13. (C) Penalties for re-identifying data Any person that re-identifies, or attempts to re-identify, anonymized data shall be assessed a third tier civil penalty under subparagraph (B), unless conducting authorized testing to prove personal data has been anonymized. (D) Mitigating factors In determining the amount of any penalty assessed under subparagraph (B), the Agency or the court shall take into account the appropriateness of the penalty with respect to— (i) the size of financial resources and good faith of the person charged; (ii) the gravity of the violation or failure to pay; (iii) the severity of the risks or harms to individuals; (iv) the history of previous violations; and (v) such other matters as justice may require. (E) Authority to modify or remit penalty The Agency may compromise, modify, or remit any penalty which may be assessed or had already been assessed under subparagraph (B). The amount of such penalty, when finally determined, shall be exclusive of any sums owed by the person to the United States in connection with the costs of the proceeding, and may be deducted from any sums owed by the United States to the person charged. (F) Notice and hearing No civil penalty may be assessed under this subsection with respect to a violation of this Act or any Federal privacy law, unless— (i) the Agency gives notice and an opportunity for a hearing to the person accused of the violation; or (ii) the appropriate court has ordered such assessment and entered judgment in favor of the Agency. (f) Referrals for criminal proceedings If the Agency obtains evidence that any person, domestic or foreign, has engaged in conduct that may constitute a violation of Federal criminal law, the Agency shall transmit such evidence to the Attorney General of the United States, who may institute criminal proceedings under appropriate law. Nothing in this section affects any other authority of the Agency to disclose information. 14. Transfers of functions (a) Federal trade commission The authority of the Federal Trade Commission under a Federal privacy law to prescribe rules, issue guidelines, or conduct a study or issue a report mandated under such law shall be transferred to the Agency on the transfer date. Nothing in this Act shall be construed to require a mandatory transfer of any employee of the Federal Trade Commission. (b) Agency authority (1) In general The Agency shall have all powers and duties under the Federal privacy laws to prescribe rules, issue guidelines, or to conduct studies or issue reports mandated by such laws, that were vested in the Federal Trade Commission on the day before the transfer date. (2) Federal trade commission act The Agency may enforce a rule prescribed under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) by the Federal Trade Commission with respect to the collection, disclosure, processing and misuse of personal data. (c) Authority of the federal trade commission No provision of this Act shall be construed as modifying, limiting, or otherwise affecting the authority of the Federal Trade Commission, including the authority with respect to large data collectors described in section 11(a)(1) of this Act, under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), or any other law, other than the authority under a Federal privacy law to prescribe rules, issue official guidelines, or conduct a study or issue a report mandated under such law. (d) Authority of the bureau of consumer financial protection No provision of this Act shall be construed as modifying, limiting, or otherwise affecting the authority of the Bureau of Consumer Financial Protection under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. ) or any other law. 15. Authorization of appropriations There are authorized to be appropriated to the Agency such sums as may be necessary to carry out this Act. 16. Relation to Federal and State law (a) Relation to state law (1) Rule of construction This Act may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this title from complying with, the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this title, and then only to the extent of the inconsistency. (2) Greater protection under state law For purposes of this paragraph, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provisions of this title if the protection that such statute, regulation, order, or interpretation affords to individuals is greater than the protection provided under this Act. A determination regarding whether a statute, regulation, order, or interpretation in effect in any State is inconsistent with the provisions of this title may be made by the Agency on its own motion or in response to a nonfrivolous petition initiated by any interested person. (b) Relation to other provisions of federal privacy laws that relate to state law No provision of this Act shall be construed as modifying, limiting, or superseding the operation of any provision of a Federal privacy law that relates to the application of a law in effect in any State with respect to such Federal law. (c) Preservation of enforcement powers of states The attorney general (or the equivalent thereof) of any State may bring a civil action in the name of such State in any district court of the United States in that State or in State court that is located in that State and that has jurisdiction over the defendant, to enforce provisions of this title or rules or orders issued under this Act, and to secure remedies under provisions of this title or remedies otherwise provided under other law. A State regulator may bring a civil action or other appropriate proceeding to enforce the provisions of this title or rules or orders issued under this Act with respect to any entity that is State-chartered, incorporated, licensed, or otherwise authorized to do business under State law (except as provided in paragraph (2)), and to secure remedies under provisions of this title or remedies otherwise provided under other provisions of law with respect to such an entity. (d) Preservation of state authority (1) State claims No provision of this section shall be construed as altering, limiting, or affecting the authority of a State attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that State. (2) State consumer protection, privacy, and data regulators No provision of this title shall be construed as altering, limiting, or affecting the authority of a State consumer protection, data protection, or privacy agency (or any agency or office performing like functions) under State law to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by such commission or authority. 17. Inspector general Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by inserting the Director of the Data Protection Agency; after the President of the Export-Import Bank; ; and (2) in paragraph (2), by inserting the Data Protection Agency, after the Export-Import Bank, .
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https://www.govinfo.gov/content/pkg/BILLS-117s2134is/xml/BILLS-117s2134is.xml
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117-s-2135
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II 117th CONGRESS 1st Session S. 2135 IN THE SENATE OF THE UNITED STATES June 17, 2021 Ms. Hassan (for herself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 31, United States Code, to require the Chief Operating Officer of each agency to compile a list of unnecessary programs, and for other purposes.
1. Short title This Act may be cited as the Wasteful Federal Programs Reduction Authorization Act . 2. Elimination of unnecessary agency programs or program activities (a) In general Chapter 11 of title 31, United States Code, is amended by adding at the end the following: 1127. Elimination of unnecessary agency programs or program activities (a) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 1108(a). (2) Program The term program has the meaning given the term in section 1122(a)(1), as amended by section 9601(a) of title XCVI of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (3) Program activity The term program activity has the meaning given the term in section 1115(h). (b) Agency identification of unnecessary programs or program activities Not later than the date on which the Chief Operating Officer of each agency is required to provide a count of plans and programs under section 1125(a)(4) each year, and based on guidance provided by the Director of the Office of Management and Budget, the Chief Operating Officer of each agency shall— (1) compile a list that identifies any program or program activity of the agency that is unnecessary, defunct, or duplicative of another program or program activity of the agency; (2) in consultation with the congressional committees that oversee a program or program activity identified under paragraph (1), determine— (A) whether the program or program activity is unnecessary, defunct, or duplicative of another program or program activity of the agency; and (B) whether the program or program activity could be eliminated or consolidated with another program or program activity of the agency or the Federal Government; (3) refine the list compiled under paragraph (1), in accordance with the determinations made under paragraph (2); and (4) submit to the Director of the Office of Management and Budget the list refined under paragraph (3). (c) Proposed legislation The Director of the Office of Management and Budget may submit to Congress proposed legislation to eliminate or consolidate the programs or program activities identified in the lists submitted under subsection (b)(4). . (b) Inclusion in budget Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) the lists identifying unnecessary, defunct, or duplicative programs or program activities submitted to the Director of the Office of Management and Budget under section 1127(b)(4). . (c) Clerical amendment The table of sections for chapter 11 of title 31, United States Code, is amended by adding at the end the following: 1127. Elimination of unnecessary agency programs or program activities . (d) Effective date The amendments made by this section shall take effect on the date that is 30 days after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2135is/xml/BILLS-117s2135is.xml
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117-s-2136
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II 117th CONGRESS 1st Session S. 2136 IN THE SENATE OF THE UNITED STATES June 17, 2021 Ms. Murkowski (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 amend the Public Health Service Act to provide for the implementation of curricula for training students, teachers, parents, and school and youth development personnel to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth, and for other purposes.
1. Short title This Act may be cited as the Human Trafficking and Exploitation Prevention Training Act of 2021 . 2. Findings Congress finds the following: (1) According to the National Human Trafficking Hotline, operated by the National Human Trafficking Resource Center, there is no single profile for trafficking survivors—trafficking survivors include adults and minors from rural, suburban, and urban communities across the country. Survivors of human trafficking have diverse socioeconomic backgrounds, varied levels of education, and may be documented or undocumented. According to the 2018 Trafficking In Persons Report produced by the Department of State, the Department of Justice, the National Human Trafficking Resource Center, and Youth.gov, vulnerable populations and risk factors for human trafficking include— (A) children in the child welfare and juvenile justice systems; (B) runaway youth; (C) homeless youth; (D) youth forced to leave home by parents or caregivers with no alternate care arranged; (E) unaccompanied children; (F) American Indians and Alaska Natives; (G) migrant laborers, including undocumented workers and individuals with temporary visas; (H) recent migration or relocation; (I) persons with disabilities; (J) LGBTI individuals; (K) people of color; (L) those with limited-English proficiency; (M) low literacy; (N) substance abuse; (O) mental health issues; (P) past trauma or violence; (Q) stigma or discrimination; (R) family conflict, disruption, or dysfunction; (S) community-level risk factors such as peer pressure, social norms, social isolation, gang involvement, and living in an under-resourced school, neighborhood, or community; and (T) society-level risk factors such as lack of awareness of commercial exploitation and human trafficking, sexualization of children, and lack of resources. (2) According to the National Human Trafficking Resource Center, human trafficking survivors have been identified in cities, suburbs, and rural areas in all 50 States, and in Washington, DC. The 3 States with the highest incidents of human trafficking cases reported via phone calls, emails, and online tips to the National Human Trafficking Hotline in 2018 were California, Texas, and Florida, respectively. (3) According to the National Human Trafficking Resource Center, the top recruitment methods used by sex traffickers based on self-reported data from survivors involve an intimate partner or marriage proposition, family members, individuals posing as a benefactor, offers of employment, or individuals perpetrating fraud or offering false promises. (4) According to the National Center on Safe Supportive Learning Environments, traffickers may systematically target vulnerable children by frequenting locations where children congregate—malls, schools, bus and train stations, and group homes, among other locations. Traffickers also use peers or classmates who befriend the target and slowly groom the child for the trafficker by bringing the child along to parties and other activities. According to Common Sense Media, nearly all children age 8 and under live in a home with some type of mobile device and use it every day. This is especially concerning given that traffickers often recruit through social media platforms and other websites. (5) Those within vulnerable populations are often exploited or groomed for entry into human trafficking at a very young age. According to a 2005 clinical report, The Evaluation of Sexual Abuse in Children , published by the American Academy of Pediatrics, studies have suggested that each year approximately 739,000 children experience some form of sexual abuse, resulting in the sexual victimization of 12 percent to 25 percent of girls and 8 percent to 10 percent of boys before the age of 18. (6) Sex trafficking and exploitation can take many harmful forms, including a lesser-known but just as damaging form of uncoerced exploitation referred to as survival sex , meaning the exchange of sex for basic needs including clothing, food, shelter, or other basic necessities. Survival sex does not involve a third-party trafficker or exploiter, and often affects youth, including those who are homeless, runaways, or housing-insecure, who lack the financial resources, job readiness, support system, or opportunity to afford or access these basic necessities. (7) Training students, teachers, and school and youth development personnel to understand, recognize, and respond to signs of human trafficking and exploitation in children and youth is invaluable in the effort to identify and prevent human trafficking and exploitation before it occurs. According to the National Human Trafficking Resource Center, the widespread lack of awareness and understanding of human trafficking leads to low levels of survivor identification by the people who most often encounter them. Survivors of human trafficking are often forced to work or provide commercial sex against their will in legal and legitimate business settings or underground markets. It is often the case that those who are being exploited or trafficked are in plain view and may interact with community members, underscoring the urgent need for the expansion of training programs to increase awareness and prevention activities in communities across the United States. 3. Demonstration project to train students, teachers, and school and youth development personnel to understand, recognize, prevent, and respond to signs of human trafficking and child exploitation Section 582 of the Public Health Service Act ( 42 U.S.C. 290hh–1 ) is amended— (1) by resdesignating subsections (j) and (k) as subsections (k) and (l), respectively; (2) by inserting after subsection (i) the following: (j) Demonstration project To train students, teachers, parents, and school and youth development personnel To understand, recognize, prevent, and respond to signs of human trafficking and child exploitation (1) In general The Director of the Office on Trafficking in Persons of the Administration for Children and Families (in this subsection referred to as the Director ) shall carry out a demonstration project for training students, teachers, school personnel at elementary schools and secondary schools, and other education personnel including community-based partners, and afterschool or summer learning program staff, to understand, recognize, prevent, and respond to signs of human trafficking and exploitation in children and youth. (2) Project activities In carrying out the demonstration project under this subsection, the Director shall— (A) approve vendors pursuant to paragraph (3); (B) award grants pursuant to paragraph (4); (C) develop a reliable methodology for vendors and grantees to collect, and report to the Director, in a manner that prevents disclosure of individually identifiable information consistent with all applicable privacy laws and regulations, data on the number of human trafficking survivors identified and served pursuant to this subsection, the number of students in elementary school or secondary school or learning environment identified as being at risk of being trafficked or exploited, and the demographics of such survivors and students at risk; and (D) assist entities, in conjunction with the appropriate State, Federal, and Tribal partners, that are eligible for grants under paragraph (4) in developing proper protocols and procedures— (i) that may allow such entities to work with law enforcement to report, and facilitate communication with, human trafficking survivors and exploited children; and (ii) to refer human trafficking survivors and exploited children to appropriate social or survivor service agencies or organizations. (3) Vendors (A) In general In carrying out the demonstration project under this subsection, the Director shall approve a list of nonprofit organizations as verified vendors— (i) to develop or make available curricula for the training described in paragraph (1); and (ii) to implement such training in accordance with such curricula. (B) Considerations In approving vendors under this subsection, the Director shall give consideration to whether the nonprofit organization— (i) engages stakeholders, including survivors of human trafficking, and Federal, State, local, and Tribal partners, to develop the curricula; and (ii) has a demonstrated expertise in— (I) developing age-appropriate, culturally competent, and gender-responsive human trafficking and exploitation prevention curricula for students, teachers, parents, or school personnel in elementary school and secondary school or community-based after school or learning programs; (II) training students, teachers, parents, or school and youth development personnel described in paragraph (1); and (III) creating a scalable, repeatable program that employs appropriate technology tools and methodologies, including measurement and training curricula. (4) Grants (A) In general In carrying out the demonstration project under this subsection, the Director shall award grants to eligible entities to implement the training described in paragraph (1) in accordance with the curricula developed and made available by verified vendors pursuant to paragraph (3). (B) Diversity of grants In awarding grants under this subsection, the Director shall— (i) consult with the Director of the Bureau of Justice Assistance and the head of the Office of Partnership and Engagement of the Department of Homeland Security to identify the geographic areas in the United States with the highest prevalence of reported human trafficking instances for children, aged 5 through 17; (ii) consult with the Secretary of Education, the Attorney General, and as appropriate, with the Secretary of Housing and Urban Development, the Secretary of Labor, and relevant agencies to identify the geographic areas in the United States with the highest prevalence and numbers of at risk, vulnerable, or underserved populations, including homeless youth, foster youth, youth involved in the child welfare system, and runaways; and (iii) give priority to eligible entities located in, or primarily serving, one or more areas identified pursuant to clause (i) or (ii). (C) Allocation of grant funding The Director shall ensure that— (i) 30 percent of the grant funds under this subsection are awarded to applicants to serve elementary school students and teachers; (ii) 40 percent of the grant funds under this subsection are awarded to applicants to serve middle grades students and teachers; and (iii) 30 percent of the grant funds under this subsection are awarded to applicants to serve high school students and teachers. (D) Definition In this paragraph, the term eligible entity includes a nonprofit organization, an elementary school, a local educational agency, a secondary school, a State educational agency, an Indian Tribe, or a Tribal organization (as such terms are defined for purposes of the Indian Self-Determination and Education Assistance Act). (5) Data collection and reporting (A) In general The Director shall collect, and report to the Congress, data on the following: (i) The total number of entities that received a grant under this subsection. (ii) The total number of elementary and secondary schools and community-based learning environments that established proper protocols and procedures through program development. (iii) The total number and geographic distribution of students, teachers, and school and youth development personnel trained pursuant to this subsection. (iv) The results of pretraining and posttraining surveys to gauge increased understanding and recognition of signs of human trafficking and exploitation in children and youth. (v) The number of human trafficking survivors and exploited children identified and served by vendors and grantees under this subsection, excluding any individually identifiable information about such survivors and children. (vi) The number of students in elementary school or secondary school identified by vendors and grantees under this subsection as being at risk of being trafficked or exploited, excluding any individually identifiable information about such survivors. (vii) The demographics of human trafficking survivors, exploited children, and students at risk of being trafficked or exploited described in clauses (v) and (vi), excluding any individually identifiable information about such survivors, children, and students. (viii) Any best practices identified by the grantees under this subsection. (B) Annual report The Director shall— (i) submit a report under subparagraph (A) not later than 1 year after the date of enactment of this subsection and annually thereafter; and (ii) prepare and submit each such report in a manner that prevents the disclosure of individually identifiable information consistent with all applicable privacy laws and regulations. (6) Definitions In this subsection: (A) The terms elementary school , local educational agency , middle grades , secondary school , and State educational agency have the meanings given to those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (B) The term parent shall have the meaning given such term for purposes of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ). (C) The term school personnel includes school resource officers, school nurses, school counselors, school principals, school administrators, and other school leadership personnel. (D) The term trafficking has the meaning given such term for purposes of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ). (E) The term youth development personnel includes staff from youth development, community-based organizations, including after school or summer learning programs. ; and (3) in subsection (k) (authorizing appropriations), as redesignated by paragraph (1)— (A) by striking There is authorized to be appropriated to carry out this section and inserting the following: (1) In general There is authorized to be appropriated to carry out this section (other than subsection (j)) ; and (B) by adding at the end the following: (2) Demonstration project funding There is authorized to be appropriated to carry out subsection (j) $15,000,000 for each of fiscal years 2021 through 2025. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2136is/xml/BILLS-117s2136is.xml
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117-s-2137
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II 117th CONGRESS 1st Session S. 2137 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Durbin (for himself 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 title 49, United States Code, to establish an Office of Rural Investment, to ensure that rural communities and regions are equitably represented in Federal decision making for transportation policy, and for other purposes.
1. Short title This Act may be cited as the Rural Transportation Equity Act of 2021 . 2. Rural investment (a) Office of Rural Investment (1) Establishment Section 102 of title 49, United States Code, is amended— (A) in subsection (a), by inserting (referred to in this section as the Department ) after Department of Transportation ; (B) in subsection (b), in the first sentence, by inserting (referred to in this section as the Secretary ) after Secretary of Transportation ; (C) in subsection (f)(1), by striking “Department of Transportation” each place it appears and inserting “Department”; (D) by redesignating subsection (h) as subsection (i); and (E) by inserting after subsection (g) the following: (h) Office of Rural Investment (1) In general There is established in the Department, within the Office of the Secretary, an Office of Rural Investment (referred to in this subsection as the Office ). (2) Leadership The Office shall be headed by a Director for Rural Investment (referred to in this subsection as the Director ) who shall be appointed by, and report directly to, the Secretary. (3) Mission (A) In general The mission of the Office shall be to coordinate with other offices and agencies within the Department and with other Federal agencies to further the goals and objectives described in subparagraph (B). (B) Goals and objectives described The goals and objectives referred to in subparagraph (A) are— (i) to ensure that the unique needs and attributes of rural transportation, involving all modes, are fully addressed and prioritized during the development and implementation of transportation policies, programs, and activities within the Department; (ii) to improve coordination of Federal transportation policies, programs, and activities within the Department in a manner that expands economic development in rural communities and regions, and to provide recommendations for improvement, including additional internal realignments; (iii) to expand Federal transportation infrastructure investment in rural communities and regions, including by providing recommendations for changes in existing funding distribution patterns; (iv) to use innovation to resolve local and regional transportation challenges faced by rural communities and regions; (v) to promote and improve planning and coordination among rural communities and regions to maximize the unique competitive advantage in those locations while avoiding duplicative Federal, State and local investments; and (vi) to ensure that all rural communities and regions lacking resources receive proactive outreach, education, and technical assistance to improve access to Federal transportation programs. (4) Duties of the Director The Director shall— (A) be responsible for engaging in activities to carry out the mission described in paragraph (3); (B) organize, guide, and lead activities within the Department to address disparities in rural transportation infrastructure to improve safety, economic development, and quality of life in rural communities and regions; (C) provide information and outreach to rural communities and regions concerning the availability and eligibility requirements of participating in programs of the Department; (D) help rural communities and regions— (i) identify competitive economic advantages and transportation investments that ensure continued economic growth; and (ii) avoid duplicative transportation investments; (E) serve as a resource for assisting rural communities and regions with respect to Federal transportation programs; (F) identify— (i) Federal statutes, regulations, and polices that may impede the Department from supporting effective rural infrastructure projects that address national transportation goals; and (ii) potential measures to solve or mitigate those issues; (G) identify improved, simplified, and streamlined internal processes to help limited-resource rural communities and regions access transportation investments; (H) recommend changes and initiatives for the Secretary to consider; (I) ensure and coordinate a routine rural consultation on the development of policies, programs, and activities of the Department; (J) serve as an advocate within the Department on behalf of rural communities and regions; and (K) work in coordination with the Department of Agriculture, the Department of Health and Human Services, the Department of Commerce, the Federal Communications Commission, and other Federal agencies, as the Secretary determines to be appropriate, in carrying out the duties described in subparagraphs (A) through (J). (5) Contracts and agreements For the purpose of carrying out the mission of the Office under paragraph (3), the Secretary may enter into contracts, cooperative agreements, and other agreements as necessary, including with research centers, institutions of higher education, States, units of local government, nonprofit organizations, or a combination of any of those entities— (A) to conduct research on transportation investments that promote rural economic development; (B) to solicit information in the development of policy, programs, and activities of the Department that can improve infrastructure investment and economic development in rural communities and regions; (C) to develop educational and outreach materials, including the conduct of workshops, courses, and certified training for rural communities and regions that can further the mission and goals of the Office and the Department; and (D) to carry out any other activities, as determined by the Secretary to be appropriate. (6) Grants (A) In general The Director may award competitive grants to an entity described in subparagraph (B) to support expanded education, outreach, and technical assistance to rural communities and regions. (B) Entity described An entity referred to in subparagraph (A) is a nonprofit organization or an institution of higher education that has not less than 3 years of experience providing meaningful transportation technical assistance or advocacy services to rural communities and regions. (7) Employees The Secretary shall ensure that not more than 4 full-time equivalent employees are assigned to the Office. (8) Coordination within and among other offices and agencies of the Department (A) In general The Secretary shall designate not fewer than 1 representative from each office or agency of the Department described in subparagraph (B) who shall be responsible for leading the efforts within that office or agency to further the goals and objectives described in subparagraph (B) of paragraph (3). (B) Offices and agencies described The offices and agencies of the Department referred to in subparagraph (A) are each of the following: (i) The Office of the Under Secretary of Transportation for Policy. (ii) The Office of the General Counsel. (iii) The Office of the Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Federal Aviation Administration. (v) The Federal Highway Administration. (vi) The Federal Railroad Administration. (vii) The Federal Transit Administration. (viii) The Office of the Assistant Secretary for Governmental Affairs. (ix) The Office of Public Affairs. (x) Any other office or agency of the Department that the Secretary determines to be appropriate. (C) Duties The Chief Infrastructure Funding Officer of the Department and the representatives designated under subparagraph (A)— (i) shall— (I) meet bimonthly; and (II) recommend initiatives to the Office; and (ii) may participate in all meetings and relevant activities of the Office to provide input and guidance relevant to rural transportation infrastructure projects and issues. (9) Additional input (A) In general The Secretary shall seek input from the offices and agencies of the Department described in subparagraph (B) to further the goals and objectives described in subparagraph (B) of paragraph (3). (B) Offices and agencies described The offices and agencies of the Department referred to in subparagraph (A) are each of the following: (i) The Maritime Administration. (ii) The Saint Lawrence Seaway Development Corporation. (iii) The National Highway Traffic Safety Administration. (10) Report Each year, the Office shall submit to the Secretary a report describing— (A) the objectives of the Office for the coming year; and (B) how the objectives of the Office were accomplished in the previous year. (11) Applicability In carrying out the mission of the Office under paragraph (3), the Secretary shall consider as rural any area considered to be a rural area under a Federal transportation program of the Department. . (2) Council on Credit and Finance Section 117(b)(1) of title 49, United States Code, is amended by adding at the end the following: (I) The Director for Rural Investment. . (b) Rural transportation advisory council (1) Definitions In this subsection: (A) Advisory council The term advisory council means the rural transportation advisory council established under paragraph (2). (B) Relevant committees of Congress The term relevant committees of Congress means— (i) the Committee on Transportation and Infrastructure of the House of Representatives; (ii) the Committee on Energy and Commerce of the House of Representatives; (iii) the Committee on Environment and Public Works of the Senate; (iv) the Committee on Commerce, Science, and Transportation of the Senate; (v) the Committee on Banking, Housing, and Urban Affairs of the Senate; (vi) the Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (vii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate. (C) Secretary The term Secretary means the Secretary of Transportation. (2) Establishment The Secretary shall establish a rural transportation advisory council to consult with and advise the Office of Rural Investment. (3) Membership (A) In general The advisory council shall be composed of 15 members, appointed by the Secretary, of whom— (i) not fewer than 1 shall be a representative from an institution of higher education or extension program; (ii) not fewer than 1 shall be a representative from an organization promoting business and economic development, such as a chamber of commerce, a local government institution, or a planning organization; (iii) not fewer than 1 shall be a representative from a financing entity; (iv) not fewer than 1 shall have experience in health, mobility, or emergency services; (v) not fewer than 1 shall have experience in transportation safety; (vi) not fewer than 1 shall have experience with workforce access; (vii) not fewer than 1 shall have experience with tourism and recreational activities; (viii) not fewer than 1 shall have— (I) experience with rural supply chains, such as direct-to-consumer supply chains; and (II) wholesale distribution experience; (ix) not fewer than 1 shall have experience in emerging or innovative technologies relating to rural transportation networks; (x) not fewer than 1 shall have experience in food, nutrition, and grocery access; (xi) not fewer than 1 shall represent agriculture, nutrition, or forestry; and (xii) not fewer than 1 shall have experience with historically underserved regions, as determined by the Secretary. (B) Requirement The Secretary shall appoint members to the advisory council in a manner that ensures, to the maximum extent practicable, that the geographic and economic diversity of rural communities and regions of the United States are represented. (C) Timing of initial appointments Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the advisory council. (D) Period of appointments (i) In general Except as provided in clause (ii), a member of the advisory council shall be appointed for a term of 3 years. (ii) Initial appointments Of the members first appointed to the advisory council— (I) 5, as determined by the Secretary, shall be appointed for a term of 3 years; (II) 5, as determined by the Secretary, shall be appointed for a term of 2 years; and (III) 5, as determined by the Secretary, shall be appointed for a term of 1 year. (E) Vacancies Any vacancy on the advisory council— (i) shall not affect the power of the advisory council; and (ii) shall be filled as soon as practicable and in the same manner as the original appointment. (F) Consecutive terms An appointee to the advisory council may serve 1 additional, consecutive term if the member is reappointed by the Secretary. (4) Meetings (A) In general The advisory council shall meet not less than twice per year, as determined by the Secretary. (B) Initial meeting Not later than 180 days after the date on which the initial members of the advisory council are appointed under paragraph (3)(C), the advisory council shall hold the first meeting of the advisory council. (5) Duties (A) In general The advisory council shall— (i) advise the Office of Rural Investment on issues related to rural needs relating to Federal transportation programs; (ii) evaluate and review ongoing research activities relating to rural transportation networks, including new and emerging barriers to economic development and access to investments; (iii) develop recommendations for any changes to Federal law, regulations, internal Department of Transportation policies or guidance, or other measures that would eliminate barriers for rural access or improve rural equity in transportation investments; (iv) examine methods of maximizing the number of opportunities for assistance for rural communities and regions under Federal transportation programs, including expanded outreach and technical assistance; (v) examine methods of encouraging intergovernmental and local resource cooperation to mitigate duplicative investments in key rural communities and regions and improve the efficiencies in the delivery of Federal transportation programs; (vi) evaluate other methods of creating new opportunities for rural communities and regions; and (vii) address any other relevant issues as the Secretary determines to be appropriate. (B) Reports Not later than 1 year after the date on which the initial members of the advisory council are appointed under paragraph (3)(C), and every 2 years thereafter through 2026, the advisory council shall submit to the Secretary and the relevant committees of Congress a report describing the recommendations developed under subparagraph (A)(iii). (6) Personnel matters (A) Compensation A member of the advisory council shall serve without compensation. (B) Travel expenses A member of the advisory council shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (7) Termination (A) In general Subject to subparagraph (B), the advisory council shall terminate on the date that is 5 years after the date on which the initial members are appointed under paragraph (3)(C). (B) Extension Before the date on which the advisory council terminates, the Secretary may renew the advisory council for 1 or more 2-year periods. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section and the amendments made by this section $7,000,000 for each of fiscal years 2022 through 2026.
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https://www.govinfo.gov/content/pkg/BILLS-117s2137is/xml/BILLS-117s2137is.xml
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117-s-2138
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II 117th CONGRESS 1st Session S. 2138 IN THE SENATE OF THE UNITED STATES June 17, 2021 Mr. Menendez (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To respond to international trafficking of Cuban medical professionals by the Government of Cuba, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Combating Trafficking of Cuban Doctors 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. Sense of Congress. Sec. 4. Annual report and determination on international trafficking of Cuban medical personnel. Sec. 5. Reestablishing the Cuban Medical Professionals Parole program. Sec. 6. Role of the Pan American Health Organization. 2. Findings Congress makes the following findings: (1) In 2019, the Government of Cuba maintained an estimated 34,000 to 50,000 medical personnel in more than 60 countries under conditions that represent forced labor, according to the Department of State. (2) Since the outbreak of the COVID–19 pandemic in early 2020, the Government of Cuba has deployed approximately 1,500 medical personnel to at least 20 countries. (3) The Department of State’s 2020 Trafficking in Persons report ranked Cuba in Tier 3 and included evidence regarding Cuba’s foreign medical missions and the Government of Cuba’s longstanding failure to criminalize most forms of forced labor, specifically noting allegations that Cuban authorities coerced participants to remain in foreign medical missions by— (A) withholding their passports and medical credentials ; (B) using minders to conduct surveillance of participants outside of work ; (C) restricting their movement ; (D) retaliat[ing] against their family members in Cuba if participants leave the program ; or (E) impos[ing] criminal penalties, exile, and family separation if participants do not return to Cuba as directed by government supervisors . (4) On July 26, 2019, the United States imposed visa restrictions under section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ) against certain Cuban officials and other individuals responsible for the coercive labor practices of Cuba’s overseas medical missions. (5) The United Nations Special Rapporteur on contemporary forms of slavery and the United Nations Special Rapporteur on trafficking in persons, especially women and children, in their letter to the Government of Cuba on November 6, 2019— (A) noted reports of coercive labor practices through the Government of Cuba’s foreign medical missions; (B) highlighted reports by Cuban medical professionals that they received regular threats from Cuban officials while working overseas, including sexual harassment of women; and (C) expressed concern that the practices referred to in subparagraphs (A) and (B) constitute slavery and trafficking in persons. (6) In July 2013, the Cuban Ministry of Health signed an agreement with the Brazilian Ministry of Health to formalize an arrangement for Cuban doctors to provide medical services in Brazil that— (A) required the administration of former Brazilian President Dilma Rousseff to transmit a monthly payment through the Pan American Health Organization (referred to in this section as PAHO ) to the Cuban Ministry of Health for the medical services provided by each Cuban doctor serving in Brazil; and (B) prevented participating Cuban doctors from seeking employment in Brazil outside of the formal structure of the agreement. (7) In implementing the agreement described in paragraph (6), the Cuban Ministry of Health acted through the for-profit Cuban Medical Services Trading Corporation (referred to in this section as CMS )— (A) to pay each Cuban doctor approximately 5 to 25 percent of the monthly payment received from PAHO; (B) to retain approximately 70 to 90 percent of the monthly payment for each doctor received from PAHO; and (C) to permit PAHO to retain approximately 5 percent of such monthly payments. (8) Between 2013 and 2019, according to the digital platform Diario de Cuba, the Government of Cuba— (A) garnished the salaries of more than 20,000 Cuban medical professionals who served in Brazil under the Mais Médicos program; (B) frequently confiscated their passports; and (C) prohibited family members from accompanying them. (9) Cuban doctors were the only medical professionals participating in the Mais Médicos program to have their salaries directly garnished by their government, while doctors of other nationalities serving in Brazil received the full amount of the payments made for their medical services under the program. (10) The Government of Cuba stated that Cuban doctors unwilling to return to the country after their participation in foreign medical missions would not be permitted to return to their homeland for 8 years. (11) In February 2019, Brazil’s Ministry of Health announced reforms to the Mais Médicos program that— (A) terminated the arrangement with the Government of Cuba and PAHO; and (B) allowed Cuban medical personnel to remain in Brazil and be paid directly by the Brazilian Ministry of Health. (12) The Government of Cuba’s response to the reforms referred to in paragraph (11) was to order the Cuban medical personnel to return to Cuba, rather than allowing them to be fully and directly compensated. Most Cuban medical personnel returned to Cuba, as ordered, although approximately 2,000 Cuban medical personnel remain in Brazil. (13) The Government of Cuba realized profits in excess of $6,300,000,000 during 2018 from exporting the services of Cuban professionals, of which foreign medical missions represent the majority of the services and income. (14) Countries in which similar abuses to those suffered by Cuban medical professionals in Brazil have been reported to have occurred include Angola, Guatemala, Mexico, Qatar, and Venezuela. (15) In Venezuela, a group of Cuban doctors reported in 2019 that they had been directed, and often coerced, to use their medical services to influence votes in favor of the Maduro regime, including— (A) by denying medical treatment to opposition supporters; and (B) by giving precise voting instructions to elderly patients. (16) The term severe forms of trafficking in persons is defined under section 103(11)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11)(B) ) as the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery . 3. Sense of Congress It is the sense of Congress that— (1) the Government of Cuba subjects Cuban doctors and other medical professionals to state-sponsored human trafficking; (2) the Government of Cuba should fully compensate Cuban medical professionals who have participated in, or who are currently participating in foreign medical mission programs in other countries, including Brazil’s Mais Médicos program, for the full amount of wages paid to the Government of Cuba; (3) the Government of Cuba should immediately and transparently respond to requests for information from the United Nations Special Rapporteur on contemporary forms of slavery and the United Nations Special Rapporteur on trafficking in persons, especially women and children; and (4) foreign governments and international organizations that enter into agreements with the Government of Cuba or the for-profit Cuban Medical Services Trading Corporation or other companies affiliated with the Government of Cuba to procure the services of Cuban medical professionals directly assume legal risks related to their participation in forced labor arrangements and human trafficking. 4. Annual report and determination on international trafficking of Cuban medical personnel (a) Annual report Not later than 180 days after the date of the enactment of this Act and annually thereafter until the date specified in subsection (c), the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) identifies the countries that are hosting Cuban medical personnel who are participating in foreign medical missions for the Government of Cuba; (2) to the extent feasible, includes an estimate of— (A) the number of Cuban medical personnel in each country; and (B) the value of the financial arrangement between the Government of Cuba and the host country government; (3) describes the conditions in each country under which Cuban medical personnel live and work; and (4) describes the role of any international organization in each country hosting Cuban medical personnel. (b) Determination on human trafficking In each report submitted pursuant to subsection (a), the Secretary of State shall determine whether— (1) the Cuban medical personnel in each country identified in the report are subjected to conditions that qualify as severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) )); and (2) Cuba’s foreign medical missions program constitutes proof of failure to make significant efforts to bring the Government of Cuba into compliance with the minimum standards for the elimination of trafficking in persons (as determined under section 108 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7106 )). (c) Sunset The Secretary of State is not required to submit the report otherwise required under subsection (a) after the date on which the Secretary submits a second consecutive annual report under such subsection that includes a determination under subsection (b) that Cuban medical personnel are no longer subjected to trafficking in persons. 5. Reestablishing the Cuban Medical Professional Parole program (a) In general The Secretary of Homeland Security, in coordination with the Secretary of State, shall reinstate the Cuban Medical Professional Parole program to authorize the admission into the United States of Cuban medical personnel conscripted to study or work in a third country under the direction of the Government of Cuba. (b) Authority The Director of U.S. Citizenship and Immigration Services may exercise the discretionary parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ) and subsections (c) and (d) of section 212.5 of title 8, Code of Federal Regulations, to permit eligible Cuban nationals to come to the United States, including for urgent humanitarian reasons or significant public benefit. (c) Eligibility criteria (1) In general A Cuban medical professional is eligible for consideration of parole under the Cuban Medical Professional Program if he or she— (A) is a Cuban national, citizen, or person habitually residing in Cuba; (B) is a medical professional who, at the time he or she seeks such parole, is conscripted by the Government of Cuba to study or work in a third country; and (C) is not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (2) Admission of family members (A) In general The spouse and unmarried children accompanying the primary applicant in the third country referred to in paragraph (1)(B) shall be eligible for parole under the Cuban Medical Professional Program in conjunction with an application from an individual described in paragraph (1). (B) Applications A Cuban medical professional granted discretionary parole under section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ) pursuant to this section may submit an application to U.S. Citizenship and Immigration Services seeking admission to the United States of his or her spouse and unmarried children. 6. Role of the Pan American Health Organization (a) Findings Congress finds that the Pan American Health Organization (referred to in this section as PAHO )— (1) has contributed to the health and well-being of the people in the Western Hemisphere for longer than a century, with the United States serving as a member state since 1925; (2) engages in technical cooperation with its member countries— (A) to fight communicable and noncommunicable diseases and their causes; (B) to strengthen health systems; and (C) to respond to emergencies and disasters; (3) as of May 21, 2021, had assisted dozens of countries in the Americas with their response to the COVID–19 pandemic, including— (A) supporting the delivery of 12,800,000 vaccines to countries in the Americas through the COVID–19 Vaccines Global Access (COVAX) facility; (B) providing more than 26,000,000 COVID–19 tests in countries and territories throughout the Americas; and (C) 162 shipments of more than 50,000,000 articles of personal protective equipment to countries and territories throughout the Americas; (4) has privately commissioned a third-party review of its role in the Mais Médicos program; and (5) adopted governance reforms to increase the oversight of projects funded by voluntary contributions that present a high level of institutional risk for PAHO during the 72nd Session of the Regional Committee of the World Health Organization for the Americas, which convened on September 28th and 29th, 2020. (b) Sense of Congress It is the sense of Congress that— (1) PAHO is the preeminent multilateral organization dedicated to public health issues in the Americas; (2) PAHO— (A) has played a vital role in strengthening health systems in Latin America to address the COVID–19 pandemic; and (B) continues to provide essential health assistance to meet the needs of Venezuelans affected by the ongoing humanitarian crisis in their country and displaced individuals in other countries in the region; (3) the United States should continue to support PAHO, including through payment of assessed contributions (in full and on time) and voluntary contributions, to ensure PAHO’s continued operations; (4) according to the Department of State, the Brazilian Court of Accounts, and PAHO’s official independent external auditor, the Tribunal de Cuentas de España, PAHO’s role in the Mais Médicos program, as described in section 2, raises serious questions; and (5) PAHO should provide greater transparency about its role in the Mais Médicos program and strengthen its internal oversight and risk management to require that its external auditor reports be distributed to PAHO board members and discussed at PAHO board meetings. (c) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Health and Human Services shall jointly submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes— (1) a review of and findings on PAHO’s role in the Mais Médicos program between 2013 and 2019; (2) a summary of corrective actions to be taken by PAHO; and (3) recommendations for further corrective actions, as necessary. (d) Accountability measures The Secretary of State and the Secretary of Health and Human Services shall jointly— (1) take all necessary steps to ensure that PAHO undertakes governance reforms that strengthen internal oversight and risk management for all future programs; and (2) not later than 30 days after the receipt of the results of the independent, third-party review of PAHO’s role in the Mais Médicos program, provide a briefing to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that includes a detailed summary of such results and the progress made in PAHO’s efforts to strengthen internal oversight and risk management.
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https://www.govinfo.gov/content/pkg/BILLS-117s2138is/xml/BILLS-117s2138is.xml
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117-s-2139
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II 117th CONGRESS 1st Session S. 2139 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Whitehouse (for himself, Mr. Graham , Mr. Tillis , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prevent international cybercrime, and for other purposes.
1. Short title This Act may be cited as the International Cybercrime Prevention Act . 2. Predicate offenses Part I of title 18, United States Code, is amended— (1) in section 1956(c)(7)(D)— (A) by striking or section 2339D and inserting section 2339D ; and (B) by striking of this title, section 46502 and inserting , or section 2512 (relating to the manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices) of this title, section 46502 ; and (2) in section 1961(1), by inserting section 1030 (relating to fraud and related activity in connection with computers) if the act indictable under section 1030 is felonious, before section 1084 . 3. Forfeiture (a) In general Section 2513 of title 18, United States Code, is amended to read as follows: 2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property (a) Criminal forfeiture (1) In general The court, in imposing a sentence on any person convicted of a violation of section 2511 or 2512, or convicted of conspiracy to violate section 2511 or 2512, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained or retained directly or indirectly as a result of such violation. (2) Forfeiture procedures Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), other than subsection (d) thereof, shall apply to criminal forfeitures under this subsection. (b) Civil forfeiture (1) In general The following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46, and no property right shall exist in them: (A) Any property, real or personal, used or intended to be used, in any manner, to commit, or facilitate the commission of a violation of section 2511 or 2512, or a conspiracy to violate section 2511 or 2512. (B) Any property, real or personal, constituting, or traceable to the gross proceeds taken, obtained, or retained in connection with or as a result of a violation of section 2511 or 2512, or a conspiracy to violate section 2511 or 2512. (2) Forfeiture procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46, relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. . (b) Technical and conforming amendment The table of sections for chapter 119 is amended by striking the item relating to section 2513 and inserting the following: 2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property. . 4. Shutting down botnets (a) Amendment Section 1345 of title 18, United States Code, is amended— (1) in the heading, by inserting and abuse after fraud ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C), by inserting or after the semicolon; and (iii) by inserting after subparagraph (C) the following: (D) violating or about to violate section 1030(a)(5) of this title where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1-year period, including by— (i) impairing the availability or integrity of the protected computers without authorization; or (ii) installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers; ; and (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting , a violation described in subsection (a)(1)(D), before or a Federal ; and (3) by adding at the end the following: (c) A restraining order, prohibition, or other action described in subsection (b), if issued in circumstances described in subsection (a)(1)(D), may, upon application of the Attorney General— (1) specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action; and (2) provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action. . (b) Technical and conforming amendment The table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1345 and inserting the following: 1345. Injunctions against fraud and abuse. . 5. Aggravated damage to a critical infrastructure computer (a) In general Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer (a) Offense It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment— (1) of the operation of the critical infrastructure computer; or (2) of the critical infrastructure associated with such computer. (b) Penalty Any person who violates subsection (a) shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both. (c) Consecutive sentence Notwithstanding any other provision of law— (1) a court shall not place any person convicted of a violation of this section on probation; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation of section 1030; (3) in determining any term of imprisonment to be imposed for the felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such violation to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. (d) Definitions In this section— (1) the terms computer and damage have the meanings given the terms in section 1030; and (2) the term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security, including voter registration databases, voting machines, and other communications systems that manage the election process or report and display results on behalf of State and local governments. . (b) Table of sections The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer. . 6. Stopping trafficking in botnets; forfeiture Section 1030 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (7), by adding or at the end; and (B) by inserting after paragraph (7) the following: (8) intentionally traffics in the means of access to a protected computer, if— (A) the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and (B) the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to— (i) damage a protected computer in a manner prohibited by this section; or (ii) violate section 1037 or 1343; ; (2) in subsection (c)(3)— (A) in subparagraph (A), by striking (a)(4) or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; and (B) in subparagraph (B), by striking (a)(4), or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; (3) in subsection (e)— (A) in paragraph (13), by striking and at the end; (B) in paragraph (14), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (15) the term traffic , except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value. ; (4) in subsection (g), in the first sentence, by inserting , except for a violation of subsection (a)(8), after of this section ; and (5) by striking subsections (i) and (j) and inserting the following: (i) Criminal forfeiture (1) In general The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. (2) Applicable provisions The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), except subsection (d) of that section. (j) Civil forfeiture of property used in the commission of an offense (1) In general Any personal property, including any Internet domain name or Internet Protocol address, that was used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section shall be subject to forfeiture to the United States, and no property right shall exist in such property. (2) Applicable provisions Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. .
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117-s-2140
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II 117th CONGRESS 1st Session S. 2140 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Ossoff (for himself, Mr. Warnock , Mr. Bennet , and Ms. Stabenow ) 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 establish the advanced solar manufacturing production credit.
1. Short title This Act may be cited as the Solar Energy Manufacturing for America Act . 2. Advanced solar manufacturing production credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 36C. Advanced solar manufacturing production credit (a) In general (1) Allowance of credit There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each solar component which is— (A) produced by such taxpayer, and (B) during the taxable year— (i) sold by the taxpayer to— (I) an unrelated person, or (II) a related person for the use of such person in their trade or business (with the exception of any trade or business related to resale of such solar component without any subsequent modification, assembly, or integration into a project), or (ii) placed in service or operation by the taxpayer or any other person. (2) Production and sale must be in trade or business Any solar component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer. (b) Credit amount (1) In general Subject to paragraph (2), the amount determined under this subsection with respect to any solar component shall be equal to— (A) in the case of an integrated module, an amount equal to the product of— (i) 11 cents, multiplied by (ii) the capacity of such module (expressed on a per direct current watt basis), (B) in the case of a photovoltaic cell, an amount equal to the product of— (i) 4 cents, multiplied by (ii) the capacity of such cell (expressed on a per direct current watt basis), (C) in the case of a photovoltaic wafer, $12 per square meter, (D) in the case of solar grade polysilicon, $3 per kilogram, and (E) in the case of a solar module which is not an integrated module, an amount equal to the product of— (i) 7 cents, multiplied by (ii) the capacity of such module (expressed on a per direct current watt basis). (2) Phase out (A) In general In the case of any solar component sold after December 31, 2028, the amount determined under this subsection with respect to such component shall be equal to the product of— (i) the amount determined under paragraph (1) with respect to such component, as determined without regard to this paragraph, multiplied by (ii) the phase out percentage under subparagraph (B). (B) Phase out percentage The phase out percentage under this subparagraph is equal to— (i) in the case of a solar component sold during calendar year 2029, 70 percent, (ii) in the case of a solar component sold during calendar year 2030, 35 percent, and (iii) in the case of a solar component sold after December 31, 2030, 0 percent. (c) Definitions and other rules In this section— (1) Solar component The term solar component means any property described in paragraph (2). (2) Other definitions (A) Integrated module The term integrated module means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product which is— (i) suitable to generate electricity when exposed to sunlight, and (ii) ready for installation without additional manufacturing processes. (B) Photovoltaic cell The term photovoltaic cell means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity. (C) Photovoltaic wafer The term photovoltaic wafer means a thin slice or sheet of semiconductor material of at least 240 square centimeters produced by a single manufacturer— (i) either— (I) directly from molten solar grade polysilicon, or (II) through formation of an ingot from molten polysilicon and subsequent slicing, and (ii) which comprises the substrate of a photovoltaic cell. (D) Solar grade polysilicon The term solar grade polysilicon means silicon which is— (i) suitable for use in photovoltaic manufacturing, and (ii) purified to a minimum purity of 99.999999 percent silicon by mass. (E) Solar module The term solar module means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is— (i) suitable to generate electricity when exposed to sunlight, and (ii) ready for installation without an additional manufacturing process. (3) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling components to an unrelated person if such component is sold to such a person by another member of such group. (4) Only production in the United States taken into account Sales shall be taken into account under this section only with respect to solar components the production of which is within— (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (5) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (d) Registration (1) In general The Secretary shall require any person claiming tax benefits under the provisions of this section to register with the Secretary at such time, in such form and manner, and subject to such terms and conditions, as the Secretary may by regulations prescribe. A registration under this subsection may be used only in accordance with regulations prescribed under this subsection. (2) Registration in event of change in ownership Under regulations prescribed by the Secretary, a person (other than a corporation the stock of which is regularly traded on an established securities market) shall be required to re-register under this subsection if after a transaction (or series of related transactions) more than 50 percent of ownership interests in, or assets of, such person are held by persons other than persons (or persons related thereto) who held more than 50 percent of such interests or assets before the transaction (or series of related transactions). (3) Denial, revocation, or suspension of registration Rules similar to the rules of section 4222(c) shall apply to registration under this section. (4) Information reporting The Secretary may require— (A) information reporting by any person registered under this subsection, and (B) information reporting by such other persons as the Secretary deems necessary to carry out this section. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Advanced solar manufacturing production credit. . (c) Effective date The amendments made by this section shall apply to components produced and sold after December 31, 2021.
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117-s-2141
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II 117th CONGRESS 1st Session S. 2141 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.
1. Short title This Act may be cited as the Preventing Crimes Against Veterans Act of 2021 . 2. Additional tool to prevent certain frauds against veterans (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraud regarding veterans’ benefits (a) In general It shall be unlawful for any person to knowingly engage in any scheme or artifice to defraud— (1) an individual of veterans’ benefits; or (2) in connection with obtaining veteran’s benefits for an individual. (b) Penalties Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. (c) Definitions In this section— (1) the term veteran has the meaning given that term in section 101 of title 38; and (2) the term veterans’ benefits means any benefit provided under Federal law for a veteran or a dependent or survivor of a veteran. . (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. Fraud regarding veterans’ benefits. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2141is/xml/BILLS-117s2141is.xml
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117-s-2142
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II 117th CONGRESS 1st Session S. 2142 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Rubio (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require annual reports on religious intolerance in Saudi Arabian educational materials, and for other purposes.
1. Short title This Act may be cited as the Saudi Educational Transparency and Reform Act . 2. Findings Congress makes the following findings: (1) The Government of the Kingdom of Saudi Arabia for more than 15 years has made incremental progress in removing intolerant content in state-published textbooks. (2) Saudi Arabia has committed to educational reforms through its Vision 2030 and National Transformation Program, and is an important partner of the United States in combating terrorism and violent extremism. (3) The 2006 confirmation of policies negotiated by the United States and Saudi Arabia stated that textbooks would be revised within one or two years to remove remaining intolerant references that disparage Muslims or non-Muslims or that promote hatred toward other religions or religious groups . (4) According to the Department of State’s August 2017 International Religious Freedom Report, [t]he government continued to distribute revised textbooks, although some intolerant material remained in circulation, particularly at the high school level, including content justifying the execution of sorcerers and social exclusion of non-Muslims. (5) Saudi textbooks have been exported internationally, including to countries in the Middle East, Africa, South, Central, and South East Asia, and parts of Europe and North America. (6) The International Religious Freedom Act of 1998 requires the President to designate countries in which violations of religious freedom are systematic, ongoing, [and] egregious as countries of particular concern. (7) The President has designated Saudi Arabia as a country of particular concern since 2004, pursuant to the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401 et seq. ), and a waiver of further action has been in place since 2006. 3. Sense of Congress It is the sense of Congress that, in spite of some progress, the Government of Saudi Arabia has not yet sufficiently met its commitments for eliminating all forms of incitement from its educational materials and curriculum in line with its commitments to combat terrorism and violent extremism. 4. Reports (a) In general Subject to subsection (d), not later than 120 days after the date of the enactment of this Act and annually thereafter for 10 years within 90 days of the start of the new school year in Saudi Arabia, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report reviewing educational materials published by Saudi Arabia’s Ministry of Education that are used in schools both inside the Kingdom of Saudi Arabia and at schools throughout the world. (b) Consultation Not later than 30 days after the submission of a report under subsection (a), the Secretary of State shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the contents of each such report. (c) Contents The reports required under subsection (b) should include the following elements: (1) A detailed determination regarding whether all intolerant content has been removed from educational materials published by Saudi Arabia’s Ministry of Education that are used in schools both inside the Saudi Arabia and at schools throughout the world, including full quotations of all passages that could be seen as encouraging violence or intolerance towards adherents of religions other than Islam or towards Muslims who hold dissenting views. (2) A detailed assessment of the global exportation of such materials, including the extent to which such materials are used in privately funded educational institutions overseas. (3) A detailed summary of actions the Government of Saudi Arabia has taken to retrieve and destroy materials with intolerant material. (4) A detailed assessment of the Government of Saudi Arabia’s efforts to revise teacher manuals and retrain teachers to reflect changes in educational materials and promote tolerance. (5) A detailed determination regarding whether issuing a waiver regarding Saudi Arabia as a country of particular concern under the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401 et seq. ) furthers the purposes of such Act or is otherwise in the important national security interests of the United States. (d) Termination or extension of reporting requirement (1) Termination before ten years If at any time after submission of a report required under subsection (a) but before the expiration of the 10-year period referred to in such subsection, the Secretary of State determines that intolerant religious content has been removed completely from Saudi Arabia’s education materials, the requirement to submit any remaining reports under such subsection shall not apply. (2) Five-year extension of requirement If at the end of the 10-year period referred to in subsection (a), the Secretary of State determines that intolerant religious content remains in Saudi Arabia’s education materials, the termination of the requirement to submit reports under such subsection shall not apply and the requirement shall be extended an additional five years. (e) Form Reports under this section shall be submitted in an unclassified form, but may contain a classified annex. 5. Transparency Not later than 60 days after the submission of an annual report under section 4, the Secretary of State shall make copies of reviewed Saudi educational materials publicly available on a website of the Department of State.
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117-s-2143
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II 117th CONGRESS 1st Session S. 2143 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Kennedy (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the Administrator of the Federal Emergency Management Agency to terminate certain contracts on the basis of detrimental conduct to the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the National Flood Insurance Program Consultant Accountability Act of 2021 . 2. Termination of certain contracts under the National Flood Insurance Program (a) In general Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ) is amended by adding at the end the following: 1349. Termination of contracts (a) Definitions In this section— (1) the term covered entity means any attorney, law firm, consultant, or third-party company that provides services to a Write Your Own company; and (2) the term Write Your Own company means a company participating in the cooperative undertaking between the insurance industry and the Federal Insurance and Mitigation Administration that allows participating property and casualty insurance companies to write and service standard flood insurance policies. (b) Termination (1) In general Notwithstanding any other provision of law, the Administrator may terminate a contract or other agreement between a covered entity and a Write Your Own company if the Administrator— (A) determines that the covered entity has engaged in conduct that is detrimental to the flood insurance program authorized under chapter I; and (B) not later than 14 days before terminating the contract or other agreement, provides notice to the covered entity of the termination. (2) Appeal The Administrator shall establish a process for a covered entity to appeal a termination of a contract or other agreement under paragraph (1). (3) Early termination payouts The Administrator or a Write Your Own company is not required to make any early termination payout to a covered entity with respect to a contract or agreement with the Write Your Own company that the Administrator terminates under paragraph (1). . (b) Effective date; applicability The amendment made by subsection (a) shall— (1) take effect on the date of enactment of this Act; and (2) apply to any contract or other agreement between a covered entity and a Write Your Own company (as those terms are defined in section 1349(a) of the National Flood Insurance Act of 1968, as added by subsection (a)) entered into on or after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2143is/xml/BILLS-117s2143is.xml
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117-s-2144
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II 117th CONGRESS 1st Session S. 2144 IN THE SENATE OF THE UNITED STATES June 21, 2021 Ms. Cortez Masto (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To clarify the eligibility for participation of peer support specialists in the furnishing of behavioral health integration services under the Medicare program.
1. Short title This Act may be cited as the Promoting Effective and Empowering Recovery Services in Medicare Act of 2021 or the PEERS Act of 2021 . 2. Clarifying the eligibility for participation of peer support specialists in the furnishing of behavioral health integration services under the Medicare program (a) In general Nothing in title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) shall be construed as prohibiting a peer support specialist (as defined in subsection (b)) from participating in the furnishing of behavioral health integration services under such title under the supervision of a physician or other entity billing for such services under such title. (b) Peer support specialist defined For purposes of subsection (a), the term peer support specialist means an individual who— (1) is recovering from a mental health or substance use condition; and (2) is certified as qualified to furnish peer support services under a certification process consistent with the National Practice Guidelines for Peer Supporters and inclusive of the Substance Abuse and Mental Health Services Administration Core Competencies for Peer Workers in Behavioral Health Settings (as established by the State in which such individual furnishes such services or under such national certification process determined appropriate by the Secretary of Health and Human Services).
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https://www.govinfo.gov/content/pkg/BILLS-117s2144is/xml/BILLS-117s2144is.xml
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117-s-2145
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II 117th CONGRESS 1st Session S. 2145 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To ensure that irresponsible corporate executives, rather than shareholders, pay fines and penalties.
1. Short title This Act may be cited as the Corporate Management Accountability Act of 2021 . 2. Fine, penalty, and settlement accountability (a) Definitions In this section— (1) the term accountable executive — (A) means an individual for whom disclosure is required under section 229.402(a)(3) of title 17, Code of Federal Regulations; and (B) includes any other employee of a reporting company with respect to whom the Commission determines disclosure under subsection (b)(1) is appropriate; (2) the term Commission means the Securities and Exchange Commission; (3) the term covered fine or similar penalty — (A) means any amount to which section 162(f) of the Internal Revenue Code of 1986 applies; and (B) includes any fine, penalty, or payment— (i) that is paid or incurred by a reporting company; and (ii) with respect to which the Commission determines disclosure under subsection (b) should be required; (4) the term issuer has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); and (5) the term reporting company means an issuer— (A) the securities of which are registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ); or (B) that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(d) ). (b) Requirement To issue rules Not later than 360 days after the date of enactment of this Act, the Commission shall issue final rules to require each reporting company, in each annual report submitted under section 13 or section 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m , 78o(d)), or in each proxy statement filed pursuant to section 14(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n(a) ) for an annual meeting of shareholders, to— (1) disclose whether the reporting company has established procedures to recoup from compensation paid to, and to withhold from future compensation paid to, any accountable executive all or a portion of the cost of any covered fine or similar penalty that has been paid or incurred by the reporting company; (2) if the reporting company has established procedures described in paragraph (1)— (A) provide a description of those procedures; and (B) disclose the amount that the reporting company has recouped from each accountable executive under those procedures during each of the 3 most recent fiscal years; and (3) if the reporting company has not established procedures described in paragraph (1), provide an explanation of why the reporting company has not done so.
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https://www.govinfo.gov/content/pkg/BILLS-117s2145is/xml/BILLS-117s2145is.xml
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117-s-2146
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II 117th CONGRESS 1st Session S. 2146 IN THE SENATE OF THE UNITED STATES June 21, 2021 Ms. Collins (for herself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish within the Office of the Secretary of Health and Human Services a special task force on ensuring Medicare beneficiary access to innovative diabetes technologies and services.
1. Short title This Act may be cited as the Improving Medicare Beneficiary Access to Innovative Diabetes Technologies Act of 2021 . 2. Establishment of HHS Task Force on coverage and payment for innovative diabetes technologies and services (a) Definitions In this section: (1) CMS The term CMS means the Centers for Medicare & Medicaid Services. (2) FDA The term FDA means the Food and Drug Administration. (3) Innovative diabetes technologies and services The term innovative diabetes technologies and services means medical technologies and services for the treatment and management of diabetes for which coverage is not available under the Medicare fee-for-service program. (4) Medicare The term Medicare means the program of health insurance for the aged and disabled established under title XVIII of the Social Security Act. (5) Medicare beneficiary The term Medicare beneficiary means an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, or enrolled under part B of such title, or both. (6) Secretary The term Secretary means the Secretary of Health and Human Services. (b) Establishment; mission (1) Establishment There is established within the Office of the Secretary the Task Force on Innovative Diabetes Technologies and Services (in this section referred to as the Task Force ). (2) Mission The mission of the Task Force is to— (A) advise the Secretary with respect to accessibility to innovative diabetes technologies and services under Medicare; (B) make recommendations to support current and future access to innovative diabetes technologies and services under Medicare; and (C) recommend changes to Medicare to ensure appropriate access by Medicare beneficiaries to such innovative diabetes technologies and services. (c) Membership (1) Appointment The Secretary shall appoint individuals with relevant expertise to the Task Force, which shall include the following voting members: (A) CMS officials (i) The Director of the Center for Medicare. (ii) Not more than 2 additional officials or senior staff of CMS as the Secretary may specify. (B) Beneficiary ombudsman The Medicare Beneficiary Ombudsman. (C) Pharmaceutical and Technology Ombudsman The Medicare Pharmaceutical and Technology Ombudsman. (D) FDA officials Not more than 2 officials or senior staff from the Diabetes Branch of the Center for Devices and Radiological Health of FDA as the Commissioner of Food and Drugs may specify. (E) Patient groups Representatives of— (i) Medicare beneficiaries; (ii) individuals enrolled under a State plan under title XIX of the Social Security Act (or a waiver of such a plan); and (iii) individuals not described in clause (i) or (ii) who have a diagnosis of diabetes. (F) Health care providers Representatives of providers of services, physicians, and practitioners who treat individuals with a diagnosis of diabetes. (G) Manufacturers Representatives of manufacturers of diabetes technologies, including innovative diabetes technologies and services. (2) Co-chairs (A) In general Of the members of the Task Force— (i) one co-chair shall be the Director of the Center for Medicare; and (ii) one co-chair shall be designated by the Secretary from among voting members appointed under subparagraph (E), (F), or (G) of paragraph (1). (B) Rotation of non-government co-chair The Secretary shall rotate designations of co-chairs under subparagraph (A)(ii) from among voting members appointed under subparagraph (E), (F), or (G) of paragraph (1). (C) Term of service for non-government co-chair Each co-chair designated under subparagraph (A)(ii) shall serve a term of 2 years. (3) Compensation (A) In general Except as provided in subparagraph (B), members of the Task Force shall serve without compensation. (B) Travel expenses A member of the Task Force may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Task Force. (d) Meetings The Secretary shall convene the Task Force not less frequently than 4 times each year. The Secretary shall convene the first meeting of the Task Force no later than July 1, 2022. (e) Duties The Task Force shall carry out the following duties: (1) Identification of innovative diabetes technologies and services The Task Force shall— (A) identify innovative diabetes technologies and services for the treatment of type I diabetes, type II diabetes, or both, that are in development or that have been cleared or approved by FDA and that are wholly or partially inaccessible to Medicare beneficiaries with diabetes under Medicare; (B) develop and consider possible alternative approaches to enable Medicare beneficiaries to access innovative diabetes technologies and services; and (C) determine whether the existing administrative systems, benefit categories, and coverage, coding and payment policies under Medicare would provide or impede access to, and appropriate payment for, innovative diabetes technologies and services. (2) Analysis of access disparities (A) Private payor policies The Task Force shall review coverage policies developed by private payors for innovative diabetes technologies and services and determine whether disparities exist between patients with diabetes insured by private payors as compared to Medicare beneficiaries with diabetes. (B) Case studies The Task Force shall recommend to the Secretary the development of real-world patient case studies and health care provider case studies that identify barriers to access, and access disparities, under Medicare with respect to innovative diabetes technologies and services. (3) Identification of changes in relevant FDA approval and CMS coverage policies (A) CMS regulatory barriers to coverage The Task Force shall— (i) identify all the categories of items and services for which coverage is available under Medicare whether established by title XVIII of the Social Security Act or otherwise (in this section referred to as benefit categories) that may be used to provide for coverage of diabetes technologies and services, including innovative diabetes technologies and services; (ii) review regulations and subregulatory guidance for the benefit categories identified under clause (i) to identify policies that limit coverage of, and payment for, diabetes technologies and services under Medicare, especially innovative diabetes technologies and services; and (iii) recommend specific changes to such regulations and subregulatory guidance to provide for coverage of, and payment for, innovative diabetes technologies and services under Medicare. (B) Interagency collaboration The Task Force shall identify strategies to improve collaboration between FDA and CMS that facilitate expeditious clearance or approval of innovative diabetes technologies and services by FDA and expeditious coverage of innovative diabetes technologies and services under Medicare. (4) Identification of strategies to support coverage of innovative diabetes technologies and services The Task Force shall identify strategies not otherwise described in this subsection to facilitate access to innovative diabetes technologies and services by Medicare beneficiaries as well as by other patients and their health care providers. (f) Recommendations Not less frequently than annually, the Task Force shall make recommendations to the Secretary with respect to— (1) existing benefit categories under which innovative diabetes technologies and services should be covered; (2) legislative changes to title XVIII of the Social Security Act and administrative changes to regulations promulgated and subregulatory guidance issued with respect to existing benefit categories that are necessary to provide for coverage of, and payment for, innovative diabetes technologies and services; (3) elimination of other unnecessary burdens that impede coverage of, and payment for, innovative diabetes technologies and services under Medicare; (4) proposals for a new Medicare benefit category to provide for coverage of innovative diabetes technologies and services that cannot otherwise be covered through administrative changes to regulations and subregulatory guidance for existing benefit categories, and specifications for any new benefit category; and (5) proposals to streamline interagency administrative processes through greater collaboration between FDA and CMS to facilitate prompt approval or clearance and coverage under Medicare of innovative diabetes technologies and services for Medicare beneficiaries with diabetes. (g) Response (1) In general With respect to each recommendation made by the Task Force under subsection (f), not later than 90 days after the date of receipt of each such recommendation, the Secretary shall make a determination whether to implement or reject the recommendation. (2) Implementation In the case of a determination by the Secretary to implement a recommendation under paragraph (1), the Secretary shall provide the Task Force with a plan for such implementation, including specific details about and a timetable for the implementation. (3) Rejection In the case of a determination by the Secretary to reject a recommendation under paragraph (1), the Secretary shall provide the Task Force with— (A) a detailed explanation of the rationale for the determination; and (B) recommendations for alternative policies for consideration by the Task Force. (h) Report The Secretary shall submit an annual report to Congress that describes the activities of the Task Force for the year involved. Each such report shall include such recommendations for improving access to innovative diabetes technologies and services as the Task Force determines appropriate. (i) Application of FACA The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the Task Force. (j) Rule of construction The deliberations of the Task Force shall not be construed as interfering with or impeding any decision, determination, rulemaking, or issuance of subregulatory guidance by the Secretary that provides for coverage of, and payment for, innovative diabetes technologies and services.
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https://www.govinfo.gov/content/pkg/BILLS-117s2146is/xml/BILLS-117s2146is.xml
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117-s-2147
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II 117th CONGRESS 1st Session S. 2147 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Reed (for himself, Mr. Grassley , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To enhance civil penalties under the Federal securities laws, and for other purposes.
1. Short title This Act may be cited as the Stronger Enforcement of Civil Penalties Act of 2021 . 2. Updated civil money penalties for securities laws violations (a) Securities Act of 1933 (1) Money penalties in administrative actions Section 8A(g)(2) of the Securities Act of 1933 ( 15 U.S.C. 77h–1(g)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $7,500 and inserting $10,000 ; and (ii) by striking $75,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $75,000 and inserting $100,000 ; and (ii) by striking $375,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission For the purposes of this subparagraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission. . (2) Money penalties in civil actions Section 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation For the purposes of this subparagraph, the term third tier violation means a violation described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation. . (b) Securities Exchange Act of 1934 (1) Money penalties in civil actions Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) ) is amended— (A) in clause (i)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in clause (ii)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking clause (iii) and inserting the following: (iii) Third tier (I) In general Notwithstanding clauses (i) and (ii), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (aa) $1,000,000 for a natural person or $10,000,000 for any other person; (bb) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (cc) the amount of losses incurred by victims as a result of the violation. (II) Third tier violation For the purposes of this clause, the term third tier violation means a violation described in subparagraph (A) that— (aa) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (bb) directly or indirectly— (AA) resulted in substantial losses to other persons; (BB) created a significant risk of substantial losses to other persons; or (CC) resulted in substantial pecuniary gain to the person who committed the violation. . (2) Money penalties in administrative actions Section 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) ) is amended— (A) in paragraph (1)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in paragraph (2)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking paragraph (3) and inserting the following: (3) Third tier (A) In general Notwithstanding paragraphs (1) and (2), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (i) $1,000,000 for a natural person or $10,000,000 for any other person; (ii) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (iii) the amount of losses incurred by victims as a result of the act or omission. (B) Third tier act or omission For the purposes of this paragraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (i) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (ii) directly or indirectly— (I) resulted in substantial losses to other persons; (II) created a significant risk of substantial losses to other persons; or (III) resulted in substantial pecuniary gain to the person who committed the act or omission. . (c) Investment Company Act of 1940 (1) Money penalties in administrative actions Section 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission For the purposes of this subparagraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission. . (2) Money penalties in civil actions Section 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation For the purposes of this subparagraph, the term third tier violation means a violation described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation. . (d) Investment Advisers Act of 1940 (1) Money penalties in administrative actions Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission For the purposes of this subparagraph, the term third tier act or omission means an act or omission described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission. . (2) Money penalties in civil actions Section 209(e)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e)(2) ) is amended— (A) in subparagraph (A)— (i) by striking $5,000 and inserting $10,000 ; and (ii) by striking $50,000 and inserting $100,000 ; (B) in subparagraph (B)— (i) by striking $50,000 and inserting $100,000 ; and (ii) by striking $250,000 and inserting $500,000 ; and (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation For the purposes of this subparagraph, the term third tier violation means a violation described in paragraph (1) that— (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation. . 3. Penalties for recidivists (a) Securities Act of 1933 (1) Cease-and-desist proceedings Section 8A(g)(2) of the Securities Act of 1933 ( 15 U.S.C. 77h–1(g)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. . (2) Injunctions and prosecution of offenses Section 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . (b) Securities Exchange Act of 1934 (1) Civil actions Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) ) is amended by adding at the end the following: (iv) Fourth tier Notwithstanding clauses (i), (ii), and (iii), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such clauses if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . (2) Administrative proceedings Section 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) ) is amended by adding at the end the following: (4) Fourth tier Notwithstanding paragraphs (1), (2), and (3), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such paragraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. . (c) Investment Company Act of 1940 (1) Ineligibility of certain underwriters and affiliates Section 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. . (2) Enforcement Section 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . (d) Investment Advisers Act of 1940 The Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ) is amended— (1) in section 203(i)(2) ( 15 U.S.C. 80b–3(i)(2) ), by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. ; and (2) in section 209(e)(2) ( 15 U.S.C. 80b–9(e)(2) ) by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . 4. Violations of injunctions and bars (a) Securities Act of 1933 Section 20(d) of the Securities Act of 1933 ( 15 U.S.C. 77t(d) ) is amended— (1) in paragraph (1), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders (A) In general Each separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders Subparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 8A. . (b) Securities Exchange Act of 1934 Section 21(d)(3) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3) ) is amended— (1) in subparagraph (A), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking subparagraph (D) and inserting the following: (D) Special provisions relating to a violation of an injunction or certain orders (i) In general Each separate violation of an injunction or order described in clause (ii) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (ii) Injunctions and orders Clause (i) shall apply with respect to an action to enforce— (I) a Federal court injunction obtained pursuant to this title; (II) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (III) a cease-and-desist order entered by the Commission pursuant to section 21C. . (c) Investment Company Act of 1940 Section 42(e) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e) ) is amended— (1) in paragraph (1), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders (A) In general Each separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders Subparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 9(f). . (d) Investment Advisers Act of 1940 Section 209(e) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e) ) is amended— (1) in paragraph (1), by inserting after the rules or regulations thereunder, the following: a Federal court injunction or a bar obtained or entered by the Commission under this title, ; and (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders (A) In general Each separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders Subparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 203(k). .
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https://www.govinfo.gov/content/pkg/BILLS-117s2147is/xml/BILLS-117s2147is.xml
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117-s-2148
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II 117th CONGRESS 1st Session S. 2148 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions and other measures in response to the failure of the Government of the People's Republic of China to allow an investigation into the origins of COVID–19 at suspect laboratories in Wuhan.
1. Short title This Act may be cited as the Coronavirus Origin Validation, Investigation, and Determination Act of 2021 or the COVID Act of 2021 . 2. Measures in response to failure of the Government of the People's Republic of China to allow an investigation of suspect laboratories in Wuhan (a) In general If, by not later than the date that is 90 days after the date of the enactment of this Act, the President is unable to certify that the Government of the People’s Republic of China has allowed a transparent international forensic investigation of suspect laboratories in Wuhan to commence, including the Wuhan Institute of Virology of the Chinese Academy of Sciences (in this section referred to as CAS ), the President shall— (1) impose the sanctions described in subsection (c) with respect to individuals who hold positions of leadership in the state-run CAS, including its more than 100 affiliated institutes and laboratories, 13 local branches, and 2 universities; (2) prohibit Federal funding for any joint research or other collaborative projects between United States-based researchers and CAS researchers across all academic fields, including those employed by any of the more than 100 affiliated institutes and laboratories of CAS, its 13 local branches or 2 universities, or the more than 430 science and technology enterprises based in the People’s Republic of China across 11 industries that were created by CAS or founded with CAS investment; and (3) prohibit United States-based researchers and institutions that receive Federal funding from engaging in collaborative projects involving gain-of-function research on viruses with individuals or institutions based in the People’s Republic of China. (b) Termination The requirements of subsection (a) shall terminate on the date on which the Government of the People’s Republic of China allows the transparent international forensic investigation described in that subsection to be conducted and concluded without— (1) imposition of restrictions on the scope or subject matter of the investigation; or (2) limitations on the access of investigators to physical sites, persons of interest, or relevant epidemiological, serological, and virological data. (c) Sanctions described The sanctions to be imposed under subsection (a)(1) are the following: (1) Asset blocking (A) In general The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property described in subparagraph (B) 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) Property and interests in property described The property and interests in property described in this subparagraph are property or interests in property of— (i) an individual described in subsection (a)(1); or (ii) any family member or associate acting for or on behalf of an individual described in subsection (a)(1) and to whom that individual transfers such property or interests in property after the date on which the President designates the individual for the imposition of sanctions under that subsection. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general An alien described in subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (d) Implementation; penalties (1) Implementation The President may exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection 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. (e) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under subsection (c)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (f) Definitions In this section: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Gain-of-function The term gain-of-function , with respect to the study of viruses, means— (A) the use of gene editing to increase the transmissibility, virulence, immunogenicity, or host tropism of a virus by artificially inserting genomic components from one virus into the backbone of another virus, which results in the creation of a new chimeric virus, particularly when the resultant chimeric virus is pathogenic to humans; or (B) serial passaging in a cell culture to increase the transmissibility, virulence, immunogenicity, or host tropism of a virus by selectively applying pressure to a culture to artificially induce its mutation or RNA recombination with one or more viruses. (3) Transparent international forensic investigation The term transparent international forensic investigation , with respect to investigating the origin of SARS–CoV–2, means an inquiry that is objective, data-driven, inclusive of broad expertise, subject to independent oversight, and properly managed to exclude individuals with conflicts of interest and under which the following takes place: (A) Relevant research laboratories and hospitals open their records to examination by the investigative team and grant the investigative team unfettered access to any and all facilities and other sites of interest, and to any and all forms of epidemiological or virological data of interest, including serological records pertaining to the earliest confirmed or suspected cases of COVID–19, or cases of similar illnesses that may have been misdiagnosed, which appeared in and around Wuhan in the fall and winter of 2019. Investigators document the veracity and source of the data upon which their analysis is based in a manner that allows independent experts to reproduce their analysis and validate any conclusions they may draw. (B) The international team is allowed to perform a full forensic investigation of the Wuhan Institute of Virology, and if necessary, the Wuhan Center for Disease Prevention and Control and the Wuhan Institute of Biological Products, and all other laboratories in Wuhan that the team might identify as warranting examination. The team is allowed to review the biosafety level under which bat coronavirus research was conducted, and to interview any and all personnel currently or previously employed at those laboratories, or related experts who may have information pertinent to the investigation. All laboratory logs and notebooks kept by Shi Zhengli and other researchers at the Wuhan Institute of Virology who have conducted gain-of-function experiments between 2007 and the date of the enactment of this Act, as well as their published and unpublished work in Chinese and English, are presented in a full and unaltered condition for examination by the team. The team is given unlimited access to the full range of virus cultures, isolates, genetic sequences, databases, and patient specimens stored at these facilities as well as all chimeric synthetic viruses grown in vitro by cell culture passaging or engineered by genomic editing between 2007 and the date of the enactment of this Act. Such access must include the opportunity to examine the Wuhan Institute of Virology’s database of approximately 22,000 samples and virus sequences, including 15,000 taken from bats, which was previously available to the public but taken offline in September 2019. The team is further allowed to examine in full all training procedures in effect at the laboratory prior to the pandemic, including those pertaining to recordkeeping and safety procedures and strategies to prevent the accidental escape of potential pathogens. (C) The investigative team analyzes in detail all research related to the 293 bat coronaviruses reportedly isolated by Shi Zhengli and her team at the Wuhan Institute of Virology between 2012 and 2015, particularly RaTG13 and RaBtCoV/4991, including all virus isolates and cultures. The Wuhan Institute of Virology discloses the content of all classified and unpublished studies that the Institute reportedly conducted with the People’s Liberation Army if such studies involved gain-of-function research. The team is able to test all laboratory personnel for antibodies and other serological indicators of past infection of COVID–19. The team is given access to all other records kept by the Wuhan Institute of Virology, including security logs, surveillance video footage, audio recordings, and electronic logs of employees entering and leaving the facility. The investigative team is permitted to take samples and conduct testing of the physical facilities where gain-of-function research has been conducted, including, if necessary, sewer samples. Unfettered access is also granted to the abandoned copper mine in Mojiang Hani Autonomous County in Yunnan province, where Wuhan Institute of Virology researchers are known to have collected bat virus specimens, including of RaTG13, during the decade preceding the date of the enactment of this Act. (D) The international team is comprised of members chosen by the governments of the United States, Canada, the United Kingdom, France, the Netherlands, Germany, Australia, Japan, and India. The team includes molecular biologists, virologists, epidemiologists, and experts in biosafety and biosecurity. Individuals who have previously ruled out the possibility of either zoonotic transmission or a laboratory leak are disqualified from participation. The Government of the People's Republic of China may appoint Chinese experts to accompany and advise the team as it conducts its work in the People's Republic of China, but the Government of the People's Republic of China has no authority to dictate the selection of team members and cannot obstruct the participation of any individual selected by the individual's government for the team. The central, provincial, and municipal authorities of the People's Republic of China facilitate the work of the investigative team and refrain from imposing any restrictions on the scope, scale, and duration of the investigation. (4) United states person The term United States person means— (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States.
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https://www.govinfo.gov/content/pkg/BILLS-117s2148is/xml/BILLS-117s2148is.xml
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117-s-2149
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II 117th CONGRESS 1st Session S. 2149 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Heinrich (for himself, Mr. Wicker , and Mr. Padilla ) 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 coverage under the Medicare program for FDA-approved qualifying colorectal cancer screening blood-based tests, to increase participation in colorectal cancer screening in under-screened communities of color, to offset the COVID–19 pandemic driven declines in colorectal cancer screening, and for other purposes.
1. Short title This Act may be cited as the Donald Payne, Sr., Colorectal Cancer Detection Act of 2021 . 2. Medicare coverage for FDA-approved qualifying colorectal cancer screening blood-based tests (a) In general Section 1861(pp) of the Social Security Act ( 42 U.S.C. 1395x(pp) ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: (D) Qualifying colorectal cancer screening blood-based test. ; and (2) by adding at the end the following new paragraph: (3) The term qualifying colorectal cancer screening blood-based test means, with respect to a year, a screening blood-based test for the early detection of colorectal cancer furnished in the year that was marketed or used, as applicable, in accordance with the relevant provisions of section 353 of the Public Health Service Act or the Federal Food, Drug, and Cosmetic Act more than 6 months before the beginning of the year. . (b) Frequency limits for colorectal cancer screening tests and payment amount for qualifying colorectal cancer screening blood-Based tests Section 1834(d) of the Social Security Act ( 42 U.S.C. 1395m(d) ) is amended— (1) by amending clause (ii) of paragraph (1)(B) to read as follows: (ii) if the test is performed within— (I) the 11 months after a previous screening fecal-occult blood test or a previous qualifying colorectal cancer screening blood-based test; (II) the 35 months after a previous screening flexible sigmoidoscopy or a previous screening colonoscopy with adenoma findings; (III) the 59 months after a previous screening colonoscopy with small polyp findings; or (IV) the 119 months after a previous screening colonoscopy without adenoma findings or small polyp findings. ; (2) in paragraph (2)(E)(ii), by inserting or within the 35 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test after sigmoidoscopy ; (3) by amending subparagraph (E) of paragraph (3) to read as follows: (E) Frequency limit No payment may be made under this part for a colorectal cancer screening test consisting of a screening colonoscopy— (i) if the procedure is performed within the 11 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test; (ii) for individuals at high risk for colorectal cancer if the procedure is performed within the 23 months after a previous screening colonoscopy; or (iii) for individuals not at high risk for colorectal cancer if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 47 months after a previous screening flexible sigmoidoscopy. ; and (4) by adding at the end the following new paragraph: (4) Qualifying colorectal cancer screening blood-based tests (A) Payment amount The payment amount for colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests shall be established by the Secretary. (B) Frequency limit Paragraph (1)(B) shall apply to colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests in the same manner as such paragraph applies to colorectal cancer screening tests consisting of fecal-occult blood tests. . (c) Effective date The amendments made by this section shall apply to colorectal cancer screening tests furnished in a year beginning more than 6 months after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2149is/xml/BILLS-117s2149is.xml
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117-s-2150
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II 117th CONGRESS 1st Session S. 2150 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Romney (for himself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prevent catastrophic wildland fires by establishing a commission to study and recommend wildland fire prevention, mitigation, suppression, management, and rehabilitation policies for the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Wildland Fire Mitigation and Management Commission Act of 2021 . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Natural Resources of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Homeland Security of the House of Representatives; (H) the Committee on Appropriations of the House of Representatives; and (I) the Committee on Ways and Means of the House of Representatives. (2) Commission The term Commission means the commission established under section 3(a). (3) High-risk Indian tribal government The term high-risk Indian tribal government means an Indian tribal government, during not fewer than 4 of the 5 years preceding the date of enactment of this Act— (A) that received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ); or (B) land of which included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act ( 42 U.S.C. 5170 ). (4) High-risk State The term high-risk State means a State that, during not fewer than 4 of the 5 years preceding the date of enactment of this Act— (A) received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ); or (B) included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act ( 42 U.S.C. 5170 ). (5) Indian tribal government The term Indian tribal government has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (6) Secretaries The term Secretaries means— (A) the Secretary of the Interior; (B) the Secretary of Agriculture; and (C) the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency. (7) State The term State has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (8) Wildland-urban interface The term wildland-urban interface has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). 3. Establishment of Commission (a) Establishment Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish a commission to study and make recommendations to improve Federal policies relating to— (1) the prevention, mitigation, suppression, and management of wildland fires in the United States; and (2) the rehabilitation of land in the United States devastated by wildland fires. (b) Membership (1) Composition The Commission shall be composed of— (A) each of the Secretaries (or designees), who shall jointly serve as the co-chairpersons of the Commission; (B) not greater than 8 representatives of Federal departments or agencies, to be appointed by the Secretaries, including— (i) not fewer than 1 representative from each of— (I) the Bureau of Land Management; (II) the National Park Service; (III) the Bureau of Indian Affairs; and (IV) the Forest Service; (ii) a representative of or liaison to the Mitigation Framework Leadership Group of the Federal Emergency Management Agency; (iii) a representative to the National Interagency Coordination Center, which is part of the National Wildfire Coordination Group; (iv) a representative from 1 of the coordinating agencies of the Recovery Support Function Leadership Group; and (v) if the Secretaries determine it to be appropriate, a representative of any other Federal department or agency, such as the Department of Energy, the Environmental Protection Agency, or the Department of Defense; and (C) not greater than 17 non-Federal stakeholders with expertise in wildland fire preparedness, mitigation, suppression, or management, who collectively have a combination of backgrounds, experiences, and viewpoints and are representative of rural, urban, and suburban areas, to be appointed by the Secretaries, including— (i) not fewer than 1 State hazard mitigation officer of a high-risk State (or a designee); (ii) with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of— (I) a State department of natural resources, forestry, or agriculture or a similar State agency; (II) a State department of energy or a similar State agency; (III) a county government, with preference given to counties at least a portion of which is in the wildland-urban interface; and (IV) a municipal government, with preference given to municipalities at least a portion of which is in the wildland-urban interface; (iii) with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of— (I) the public utility industry; (II) the property development industry; and (III) Indian tribal governments; and (iv) any other appropriate non-Federal stakeholders, which may include the private sector, with preference given to non-Federal stakeholders from high-risk States and high-risk Indian tribal governments. (2) State limitation Each member of the Commission appointed under clauses (i) and (ii) of paragraph (1)(C) shall represent a different State. (3) Date The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (c) Period of appointment; vacancies (1) In general A member of the Commission shall be appointed for the life of the Commission. (2) Vacancies A vacancy in the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment. (d) Meetings (1) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (2) Frequency The Commission shall meet not less frequently than once every 30 days. (3) Type The Commission may hold meetings, and a member of the Commission may participate in a meeting, remotely through teleconference, video conference, or similar means. (4) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. 4. Duties of Commission (a) Report on recommendations To mitigate and manage wildland fires (1) In general Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the appropriate committees of Congress a report describing recommendations to prevent, mitigate, suppress, and manage wildland fires, including— (A) policy recommendations, including recommendations— (i) to maximize the protection of human life, community water supplies, homes, and other essential structures, which may include recommendations to expand the use of initial attack strategies; (ii) to facilitate efficient short- and long-term forest management in residential and nonresidential at-risk areas; (iii) to manage the wildland-urban interface; (iv) to manage utility corridors; and (v) to rehabilitate land devastated by wildland fire; (B) policy recommendations described in subparagraph (A) with respect to any recommendations for categorical exclusions from the requirement to prepare an environmental impact statement or analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (C) policy recommendations for modernizing and expanding the use of technology, including satellite technology, to prevent, mitigate, suppress, and manage wildland fires, including any recommendations with respect to— (i) the implementation of section 1114 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 1748b–1 ); or (ii) improving early wildland fire detection; (D) an assessment of Federal spending on wildland fire-related disaster management, including— (i) a description and assessment of Federal grant programs for States and units of local government for pre- and post-wildland fire disaster mitigation and recovery, including— (I) the amount of funding provided under each program; (II) the effectiveness of each program with respect to long-term forest management and maintenance; and (III) recommendations to improve the effectiveness of each program, including with respect to— (aa) the conditions on the use of funds received under the program; and (bb) the extent to which additional funds are necessary for the program; (ii) an evaluation, including recommendations to improve the effectiveness in mitigating wildland fires, of— (I) the Building Resilient Infrastructure and Communities program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ); (II) the Pre-Disaster Mitigation program under that section ( 42 U.S.C. 5133 ); (III) the Hazard Mitigation Grant Program under section 404 of that Act ( 42 U.S.C. 5170c ); and (IV) Hazard Mitigation Grant Program post-fire assistance under sections 404 and 420 of that Act ( 42 U.S.C. 5170c , 5187); (iii) an assessment of the definition of small impoverished community under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(a) ), specifically— (I) the exclusion of the percentage of land owned by an entity other than a State or unit of local government; and (II) any related economic impact of that exclusion; and (iv) recommendations for Federal budgeting for wildland fires; (E) any recommendations for matters under subparagraph (A), (B), (C), or (D) specific to— (i) forest type, vegetation type, or forest and vegetation type; or (ii) State land, Tribal land, or private land; and (F) (i) a review of the national strategy described in the report entitled The National Strategy: The Final Phase in the Development of the National Cohesive Wildland Fire Management Strategy and dated April 2014; and (ii) any recommendations for changes to that national strategy to improve its effectiveness. (2) Specific policy recommendations To the maximum extent practicable, the report described in paragraph (1) shall include detailed short- and long-term policy recommendations, including any recommendations for Federal legislation. (3) Interim reports Before the submission of the report under paragraph (1), on approval of all members of the Commission, the Commission may submit to the appropriate committees of Congress 1 or more interim reports, as the Commission determines to be appropriate, relating to any matters described in paragraph (1). (b) Report on aerial wildland firefighting equipment strategy and inventory assessment (1) Submission of inventory to the Commission Not later than 45 days after the date on which the Commission holds the first meeting of the Commission, the Secretary of Defense and the heads of other relevant Federal departments and agencies shall submit to the Commission an inventory of surplus cargo and passenger aircraft and excess common-use aircraft parts that may be used for wildland firefighting purposes, excluding any aircraft or aircraft parts that are— (A) reasonably anticipated to be necessary for military operations, readiness, or fleet management in the future; or (B) already obligated for purposes other than fighting wildland fires. (2) Submission of report to Congress Not later than 90 days after the date on which the Commission receives the inventory described in paragraph (1), the Commission shall submit to the appropriate committees of Congress a report outlining a strategy to meet aerial firefighting equipment needs through 2030 in the most cost-effective manner, including— (A) an assessment of the expected number of aircraft and aircraft parts needed to fight wildland fires through 2030; (B) an assessment of existing authorities of the Secretary of Defense and the heads of other relevant Federal departments and agencies to provide or sell surplus aircraft or aircraft parts to Federal, State, or local authorities for wildland firefighting use, including— (i) a description of the current use of each existing authority; and (ii) a description of any additional authorities that are needed for the Secretary of Defense and the heads of other relevant Federal departments and agencies to provide or sell surplus aircraft or aircraft parts to Federal, State, or local authorities for wildland firefighting use; and (C) recommendations to ensure the availability of aircraft and aircraft parts that the Commission expects will be necessary to fight wildland fires through 2030 in the most cost-effective manner. (3) Considerations for accessing aircraft and aircraft parts In developing the strategy in the report required under paragraph (2) and the recommendations under paragraph (2)(C), the Commission shall consider all private and public sector options for accessing necessary aircraft and aircraft parts, including procurement, contracting, retrofitting, and public-private partnerships. (4) Unclassified report The inventory and report submitted under paragraphs (1) and (2), respectively— (A) shall be unclassified; but (B) may include a classified annex. (c) Majority requirement Not less than 2/3 of the members of the Commission shall approve the recommendations contained in each report submitted under subsection (a) or (b)(2). 5. Powers of Commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information from Federal agencies (1) In general The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this Act. (2) Furnishing information On request of the Chairpersons of the Commission, the head of the department or agency shall furnish the information to the Commission. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts The Commission may accept, use, and dispose of such gifts or donations of services or property as the Commission considers necessary to carry out this Act. 6. Commission personnel matters (a) No compensation A member of the Commission shall serve without compensation. (b) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The Chairpersons of the Commission 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 Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The Chairpersons of the Commission 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 A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chairpersons of the Commission 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. 7. Termination of Commission The Commission shall terminate on the date that is 180 days after the date on which the Commission has submitted the reports under subsections (a) and (b) of section 4. 8. Authorization of appropriations There is authorized to be appropriated to carry out this Act $1,000,000.
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117-s-2151
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II 117th CONGRESS 1st Session S. 2151 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide that COPS grant funds may be used for local law enforcement recruits to attend schools or academies if the recruits agree to serve in precincts of law enforcement agencies in their communities.
1. Strong Communities Program Section 1701 of Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following: (m) COPS Strong Communities Program (1) Definitions (A) Eligible entity The term eligible entity means— (i) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), that, in coordination or through an agreement with a local law enforcement agency, offers a law enforcement training program; or (ii) a local law enforcement agency that offers a law enforcement training program. (B) Local law enforcement agency The term local law enforcement agency means an agency of a State, unit of local government, or Indian Tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (2) Grants The Attorney General may use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2020) to make competitive grants to local law enforcement agencies to be used for recruits to attend eligible entities if the recruits agree to serve in law enforcement agencies in their communities. (3) Eligibility To be eligible for a grant under this subsection, each recruit described in paragraph (2) shall— (A) serve as a full-time law enforcement officer for a total of not fewer than 4 years during the 8-year period after the date on which the recruit completes a law enforcement training program for which the recruit received benefits; (B) complete their service in a local law enforcement agency located within— (i) 5 miles of the residence of the recruit where the recruit has resided for not fewer than 5 years; or (ii) if the recruit resides in a county with less than 100,000 residents, within 20 miles of the residence of the recruit where the recruit has resided for not fewer than 5 years; and (C) submit evidence of employment of the recruit to the eligible agency in the form of a certification by the chief administrative officer of the local law enforcement agency where the recruit is employed. (4) Repayment (A) In general If a recruit does not complete the service described in paragraph (3), the recruit shall submit to the local law enforcement agency an amount equal to any benefits the recruit received under this subsection. (B) Regulations The Attorney General shall promulgate regulations that establish categories of extenuating circumstances under which a recruit may be excused from repayment under subparagraph (A). .
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117-s-2152
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II 117th CONGRESS 1st Session S. 2152 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Luján 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 promulgate regulations requiring material in the online public inspection file of a covered entity to be made available in a format that is machine-readable.
1. Short title This Act may be cited as the Fair and Clear Campaign Transparency Act . 2. Findings Congress finds the following: (1) On May 9, 2013, President Barack Obama issued Executive Order 13642 (78 Fed. Reg. 28111 (May 14, 2013)), which made open and machine-readable data the new default for Federal Government information. (2) Open data principles are essential for transparency and efficiency in government. (3) In 2012, the Federal Communications Commission required television broadcast stations to post on an online database hosted by the Commission certain materials in the files that those stations are required to maintain and make available for public inspection, including important information about the purchasing of political advertisements. In 2016, the Commission extended the online public inspection file requirement to providers of cable and satellite television service, radio broadcast stations, and providers of satellite radio service. (4) The Commission declined to require those materials to be machine-readable, deciding at the time that it was more important to get the information online faster. (5) Machine readability is a critical component of open government and provides interested parties with the necessary access to evaluate data in a more comprehensive way. 3. Material in online public inspection file required to be in machine-readable format (a) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Covered entity The term covered entity means a full-powered television broadcast station, class A television system, AM or FM radio broadcast station, cable operator, direct broadcast satellite service provider, satellite digital audio radio service provider, or any other entity to which an online public inspection file requirement applies. (3) Machine-readable The term machine-readable means, with respect to the format of material in a public inspection file, that the format supports— (A) the automated searching for particular text within and among documents; (B) the bulk downloading of data contained in the material; (C) the aggregation, manipulation, sorting, and analysis of the data contained in the material; and (D) any other functionality that the Commission considers appropriate. (4) Online public inspection file requirement The term online public inspection file requirement means a requirement for a covered entity to make material in the public inspection file of the entity available on, or upload the material to, the online public file database hosted by the Commission. (5) Political file The term political file means, with respect to a covered entity, the file that the entity is required to maintain and make available for public inspection under section 315(e) of the Communications Act of 1934 ( 47 U.S.C. 315(e) ) or under any similar requirement applicable to the entity that is administered by the Commission. (6) Public inspection file The term public inspection file , with respect to a covered entity— (A) means the file or files that the entity is required to maintain and make available for public inspection under section 25.701, 25.702, 73.3526, 73.3527, or 76.1700 of title 47, Code of Federal Regulations (or any successor regulation), as applicable to the entity, or under any similar requirement applicable to the entity that is administered by the Commission; and (B) includes any political file that the entity is required to maintain and make available for public inspection. (b) Regulations Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations that require a covered entity, to the extent that the entity is required to make material in the public inspection file of the entity available on, or upload the material to, the online public file database hosted by the Commission, to make the material available or upload the material in a format that is machine-readable. (c) Applicability (1) Covered entities (A) In general Except as provided in subparagraph (B), the regulations promulgated under subsection (b) shall apply— (i) to a covered entity for which an online public inspection file requirement is in effect on the date of the promulgation of such regulations— (I) with respect to the political file portion of the public inspection file, beginning not later than the date that is 60 days after the date of such promulgation; and (II) with respect to the other portions of the public inspection file, at the same time as the regulations apply under subclause (I) with respect to the political file portion of the public inspection file or as soon thereafter as the Commission considers practicable; and (ii) to a covered entity for which an online public inspection file requirement becomes effective after the date of the promulgation of the regulations— (I) with respect to the political file portion of the public inspection file, beginning on the later of— (aa) the date of applicability of the regulations under clause (i)(I); or (bb) the date on which the online public inspection file requirement becomes effective for the entity; and (II) with respect to the other portions of the public inspection file, at the same time as the regulations apply under subclause (I) with respect to the political file portion of the public inspection file or as soon thereafter as the Commission considers practicable. (B) Extensions for good cause The Commission may extend a deadline under subparagraph (A) for a specific covered entity or a group of covered entities for good cause. (2) New material only The regulations promulgated under subsection (b) shall apply only to material in the public inspection file of a covered entity that is newly generated on or after the date of the promulgation of the regulations.
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117-s-2153
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II 117th CONGRESS 1st Session S. 2153 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Scott of South Carolina introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the National Flood Insurance Act of 1968 to ensure community accountability for areas repeatedly damaged by floods, and for other purposes.
1. Short title This Act may be cited as the Repeatedly Flooded Communities Preparation Act . 2. Community accountability for repeatedly flooded areas (a) In general Section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ) is amended by adding at the end the following: (e) Community accountability for repeatedly damaged areas (1) Definitions In this subsection— (A) the term covered community means a community— (i) that is participating in the national flood insurance program under section 1315; and (ii) within which are located— (I) not fewer than 50 repetitive loss structures with respect to each of which, during any 10-year period, there have been not fewer than 2 claims for payments under flood insurance coverage for a total amount that is more than $1,000; (II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or (III) a public facility or a private nonprofit facility that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) relating to more than 1 flooding event during the most recent 10-year period; (B) the terms private nonprofit facility and public facility have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ); and (C) the term severe repetitive loss structure has the meaning given the term in section 1366(h). (2) Requirements for covered communities The Administrator shall, by regulation, require a covered community to— (A) determine the areas within the covered community in which properties described in paragraph (1)(A)(ii) or flood-damaged facilities are located in order to identify areas that are repeatedly damaged by floods; (B) assess, with assistance from the Administrator, the continuing risks to the repeatedly damaged areas identified under subparagraph (A); (C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified under subparagraph (A); (D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; (E) implement the plan described in subparagraph (C) and any updates to the plan; and (F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. (3) Incorporation into existing plans A covered community may incorporate a plan developed under paragraph (2)(C), including any updates to such a plan, into a mitigation plan developed under— (A) section 1366; and (B) section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ). (4) Assistance to communities (A) Data To assist a covered community in developing a plan required under paragraph (2)(C), including any updates to such a plan, the Administrator shall, upon request, provide the covered community with appropriate data regarding the property addresses and dates of claims associated with insured properties within the covered community. (B) Mitigation grants In making a determination regarding financial assistance under this Act, the Administrator may consider the extent to which a covered community— (i) has complied with this subsection; and (ii) is working to remedy problems with respect to repeatedly flooded areas. (5) Sanctions (A) In general The Administrator may, by regulations issued in accordance with the procedures required under section 553 of title 5, United States Code, impose appropriate sanctions on a covered community that fails to— (i) comply with this subsection; or (ii) make sufficient progress in reducing the flood risks to areas in the covered community that are repeatedly damaged by floods. (B) Suspension and probation The sanctions described in subparagraph (A) may include suspension from the national flood insurance program or probation under that program, as provided under section 59.24 of title 44, Code of Federal Regulations, as in effect on the date of enactment of this subsection. (C) Notice (i) In general Before imposing any sanctions under this paragraph, the Administrator shall provide the covered community that is subject to the sanctions with notice of the violation that may subject the covered community to the sanctions. (ii) Contents The notice required under clause (i) shall include recommendations for actions that the covered community receiving the notice may take in order to bring the covered community into compliance. (D) Considerations In determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community that is subject to the sanctions, including— (i) any Federal funding received by the covered community; (ii) the portion of the covered community that lies within an area having special flood hazards; and (iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. (6) Reports to Congress Not later than 6 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C), including any updates to those plans. . (b) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue regulations necessary to carry out subsection (e) of section 1361 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102 ), as added by subsection (a) of this section.
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117-s-2154
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II 117th CONGRESS 1st Session S. 2154 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Migratory Bird Treaty Act to extend the Federal framework closing date for the hunting of ducks, mergansers, and coots, and for other purposes.
1. Extension of the Federal framework closing date for the hunting of ducks, mergansers, and coots Section 3(c)(1)(B) of the Migratory Bird Treaty Act ( 16 U.S.C. 704(c)(1)(B) ) is amended by striking January 31 and inserting March 10 .
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117-s-2155
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II 117th CONGRESS 1st Session S. 2155 IN THE SENATE OF THE UNITED STATES June 21, 2021 Mr. Warnock (for himself, Ms. Klobuchar , Mr. Merkley , Mr. Warner , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend title 18, United States Code, and the Help America Vote Act of 2002 to provide increased protections for election workers and voters in elections for Federal office, and for other purposes.
1. Short title This Act may be cited as the Preventing Election Subversion Act of 2021 . 2. Harassment of election officials prohibited (a) In general Chapter 29 of title 18, United 6 States Code, is amended by adding at the end the following new section: 612. Harassment of election-related officials (a) Harassment of election workers It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, harass, or attempt to intimidate, threaten, coerce or harass an election worker described in subsection (b) with intent to impede, intimidate, or interfere with such official while engaged in the performance of official duties, or with intent to retaliate against such official on account of the performance of official duties. (b) Election worker described An election worker as described in this section is any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office. (c) Penalty Any person who violates subsection (a) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. . (b) Clerical amendment The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Harassment of election-related officials. . 3. Protection of election workers Paragraph (2) of section 119(b) of title 18, United States Code, is amended— (1) by striking or at the end of subparagraph (C); (2) by adding or at the end of subparagraph (D); and (3) by adding at the end the following new subparagraph: (E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office; . 4. Restrictions on removal of local election administrators in administration of elections for Federal office (a) Findings Congress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause was understood from the framing of the Constitution to contain words of great latitude, granting Congress broad power over Federal elections and a plenary right to preempt State regulation in this area. As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to insure free and fair elections, promote the uniform administration of Federal elections, and “preserve and restore to the people their equal and sacred rights of election.”. (3) In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any abuses that might be made of the discretionary power to regulate the time, place, and manner of elections granted the States, including attempts at partisan entrenchment, malapportionment, and the exclusion of political minorities. As the Supreme Court has recognized, the Elections Clause empowers Congress to “protect the elections on which its existence depends,” Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself, id. at 666. (4) The Elections Clause grants Congress plenary and paramount jurisdiction over the whole subject of Federal elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing Congress to implement a complete code for congressional elections. Smiley v. Holm, 285 U.S. 355, 366 (1932). The Elections Clause, unlike, for example, the Commerce Clause, has been found to grant Congress the authority to compel States to alter their regulations as to Federal elections, id. at id. at 366–67, even if these alterations would impose additional costs on the States to execute or enforce. Association of Community Organizations for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 1997). (5) The phrase manner of holding elections in the Elections Clause has been interpreted by the Supreme Court to authorize Congress to regulate all aspects of the Federal election process, including notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns. Smiley v. Holm, 285 U.S. 355, 366 (1932). (6) The Supreme Court has recognized the broad substantive scope of the Elections Clause and upheld Federal laws promulgated thereunder regulating redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting. (7) The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. [I]f Congress has the power to make regulations, it must have the power to enforce them. Ex parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has noted that there can be no question that Congress may impose additional penalties for offenses committed by State officers in connection with Federal elections even if they differ from the penalties prescribed by State law for the same acts. Id. at 387–88. (8) The fair and impartial administration of Federal elections by State and local officials is central to the successful working of this government, Ex parte Yarbrough, 110 U.S. 651, 666 (1884), and to protect the act of voting . . . and the election itself from corruption or fraud, id. at 661–62. (9) The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections. (10) In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders. (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation. (12) Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections. (b) Restriction (1) Standard for removal of a local election administrator A statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for inefficiency, neglect of duty, or malfeasance in office. (2) Private right of action (A) In general Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding. (B) Statute of limitations Any action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. (3) Attorney’s fees In any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. The term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement. (4) Removal of State proceedings to Federal court A local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of United States to intervene (A) Notice to Attorney General Whenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General. (B) Right to intervene The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Definitions In this section, the following definitions apply: (A) Election The term election has the meaning given the term in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) ). (B) Federal office The term Federal office has the meaning given the term in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) ). (C) Local election administrator The term local election administrator means, with respect to a local jurisdiction in a State, the individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. (D) Statewide election administrator The term Statewide election administrator means, with respect to a State, the individual or entity responsible for the administration of elections for Federal office in the State on a statewide basis. 5. Protections for voters on Election Day (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: 303A. Voter protection requirements (a) Requirements for challenges by persons other than election officials (1) Requirements for challenges No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the age, race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this subparagraph. (2) Prohibition on challenges on or near date of election No person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on any day on which the individual votes in person on grounds that could have been made in advance of such day, or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (b) Buffer rule A person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election. (c) Effective date This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022. . (b) Conforming amendment relating to voluntary guidance Section 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) in the case of the recommendations with respect to section 303A, June 30, 2022. . (c) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 303A . (d) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements. .
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117-s-2156
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II 117th CONGRESS 1st Session S. 2156 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.
1. Short title This Act may be cited as the Equal Enforcement of Cocaine Laws Act . 2. Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base (a) Controlled Substances Act Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended— (1) in subparagraph (A)— (A) in clause (ii), in the matter preceding subclause (I), by striking 5 kilograms and inserting 280 grams ; (B) by striking clause (iii); and (C) by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively; and (2) in subparagraph (B)— (A) in clause (ii), in the matter preceding subclause (I), by striking 500 grams and inserting 28 grams ; (B) by striking clause (iii); and (C) by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively. (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B), in the matter preceding clause (i), by striking 5 kilograms and inserting 280 grams ; (B) by striking subparagraph (C); (C) by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G), respectively; and (D) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon; and (2) in paragraph (2)— (A) in subparagraph (B), in the matter preceding clause (i), by striking 500 grams and inserting 28 grams ; (B) by striking subparagraph (C); (C) by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G), respectively; and (D) in subparagraph (G), as so redesignated, by striking the period at the end and inserting a semicolon. (c) Applicability to pending cases This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed.
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117-s-2157
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II 117th CONGRESS 1st Session S. 2157 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mrs. Capito (for herself 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 authorize the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, to award grants to implement innovative approaches to securing prompt access to appropriate follow-on care for individuals who experience an acute mental health episode and present for care in an emergency department, and for other purposes.
1. Short title This Act may be cited as the Improving Mental Health Access from the Emergency Department Act of 2021 . 2. Securing appropriate follow-on care for acute mental health illness after an emergency department encounter The Public Health Service Act is amended by inserting after section 520J of such Act ( 42 U.S.C. 290bb–41 ) the following new section: 520J–1. Securing appropriate follow-on care for acute mental health illness after an emergency department encounter (a) In general The Secretary may award grants on a competitive basis to qualifying health providers to implement innovative approaches to securing prompt access to appropriate follow-on care for individuals who experience an acute mental health episode and present for care in an emergency department. (b) Eligible grant recipients In this section, the term qualifying health provider means a health care facility licensed under applicable law that— (1) has an emergency department; (2) is staffed by medical personnel (such as emergency physicians, psychiatrists, psychiatric registered nurses, mental health technicians, clinical social workers, psychologists, and therapists) capable of providing treatment focused on stabilizing acute mental health conditions and assisting patients to access resources to continue treatment in the least restrictive appropriate setting; and (3) has arrangements in place with other providers of care that can provide a full range of medically-appropriate, evidence-based services for the treatment of acute mental health episodes. (c) Use of funds A qualifying health provider receiving funds under this section shall use such funds to establish, support, or expand programs or projects intended to assist individuals who are treated at the provider’s emergency department for acute mental health episodes and to expeditiously transition such individuals to an appropriate facility or setting for follow-on care. Such use of funds may support the following: (1) Expediting placement in appropriate facilities through activities such as expanded coordination with regional service providers, assessment, peer navigators, bed availability tracking and management, transfer protocol development, networking infrastructure development, and transportation services. (2) Increasing the supply of inpatient psychiatric beds and alternative care settings such as regional emergency psychiatric facilities. (3) Use of alternative approaches to providing psychiatric care in the emergency department setting, including through tele-psychiatric support and other remote psychiatric consultation, implementation of peak period crisis clinics, or creation of psychiatric emergency service units. (4) Use of approaches that include proactive followup such as telephone check-ins, telemedicine, or other technology-based outreach to individuals during the period of transition. (5) Such other activities as the Secretary determines appropriate, consistent with subsection (a). (d) Application A qualifying health provider desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. At a minimum, the application shall include the following: (1) A description of identified need for acute mental health services in the provider’s service area. (2) A description of the existing efforts of the provider to meet the need for acute mental health services in the service area, and identified gaps in the provision of such services. (3) A description of the proposed use of funds to meet the need and gaps identified pursuant to paragraph (2). (4) A description of how the provider will coordinate efforts with Federal, State, local, and private entities within the service area. (5) A description of program objectives, how the objectives are proposed to be met, and how the provider will evaluate outcomes relative to objectives. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026. .
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II 117th CONGRESS 1st Session S. 2158 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Markey (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorization for the Cape Cod National Seashore Advisory Commission.
1. Short title This Act may be cited as the Cape Cod National Seashore Advisory Commission Reauthorization Act . 2. Cape Cod National Seashore Advisory Commission Effective September 26, 2018, section 8(a) of Public Law 87–126 ( 16 U.S.C. 459b–7(a) ) is amended in the second sentence by striking 2018 and inserting 2029 .
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II 117th CONGRESS 1st Session S. 2159 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the community-based outpatient clinic of the Department of Veterans Affairs located at 400 College Drive, Middleburg, Florida, as the Andrew K. Baker Department of Veterans Affairs Clinic , and for other purposes.
1. Designation of Andrew K. Baker Department of Veterans Affairs Clinic (a) Designation The community-based outpatient clinic of the Department of Veterans Affairs located at 400 College Drive, Middleburg, Florida, shall after the date of the enactment of this Act be known and designated as the Andrew K. Baker Department of Veterans Affairs Clinic or the A.K. Baker VA Clinic . (b) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the community-based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Andrew K. Baker Department of Veterans Affairs Clinic.
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117-s-2160
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II 117th CONGRESS 1st Session S. 2160 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Moran (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the Administrator of General Services from establishing per diem reimbursements rates for travel within the continental United States (commonly known as CONUS ) for certain fiscal years below a certain level, and for other purposes.
1. Short title This Act may be cited as the Restored, Equitable, Coronavirus Adjusted Lodging Act of 2021 or the RECAL Act of 2021 . 2. Continental United States (CONUS) per diem reimbursement rates Notwithstanding any other provision of law, in establishing the per diem reimbursement rates for fiscal years 2022 and 2023 pursuant to sections 5702 and 5707 of title 5, United States Code, the Administrator of General Services may not establish a lodging allowance rate for any location within the continental United States at a level that is less than the standard rate or non-standard area rate set pursuant to the GSA Per Diem Bulletin FTR 20–01, dated August 8, 2019.
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II 117th CONGRESS 1st Session S. 2161 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Lankford (for himself, Ms. Sinema , Mr. Lee , and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS–14 level.
1. Short title This Act may be cited as the Retain Skilled Veterans Act . 2. Limitation on appointment of retired members of the Armed Forces to certain positions in the Department of Defense (a) In general Section 3326 of title 5, United States Code, is amended— (1) in the section heading, by inserting certain before positions ; and (2) in subsection (b)— (A) by striking appointed and all that follows through Defense and inserting appointed to a position in the excepted or competitive service classified at or above GS–14 of the General Schedule (or equivalent) in or under the Department of Defense ; and (B) in paragraph (1), by striking for the purpose and all that follows through Management . (b) Clerical amendment The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting certain before positions .
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II 117th CONGRESS 1st Session S. 2162 IN THE SENATE OF THE UNITED STATES June 22, 2021 Ms. Cortez Masto (for herself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Small Business Administration to publish loan default rates by franchise brand, and for other purposes.
1. Short title This Act may be cited as the SBA Franchise Loan Default Disclosure Act . 2. Publication of default rates by franchise brand (a) Definitions In this section— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term franchise has the meaning given the term in section 436.1 of title 16, Code of Federal Regulations, as in effect on July 1, 2007. (b) Publication of default rates The Administrator shall publish and update on a quarterly basis loan default rates by franchise brand during the preceding 10-year period on the website of the Administration in a manner that is publicly accessible and linked to the Franchise Directory of the Administration.
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II 117th CONGRESS 1st Session S. 2163 IN THE SENATE OF THE UNITED STATES June 22, 2021 Ms. Hassan (for herself and Mr. Tillis ) 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 establish a plan to reduce the backlog of requests for information made to the Department of Veterans Affairs pursuant to section 552 of title 5, United States Code, and for other purposes.
1. Short title This Act may be cited as the VA FOIA Reform Act of 2021 . 2. Plan for reduction of backlog of FOIA requests (a) Plan The Secretary of Veterans Affairs shall establish and carry out a plan for the Secretary to meet, by not later than five years after the date of the enactment of this Act, the requirements of section 552 of title 5, United States Code, with respect to providing documents and information under such section within the timeframes required by such section. The plan shall include the following: (1) Improving and acquiring technology, including with respect to searching email and other electronic information, and the timelines for such improvement, to ensure that the information technology of the Department of Veterans Affairs is capable of carrying out the plan. (2) Identification of efficient procedures, policies, and systems of the Department that could be developed to allow employees of the Department responsible for replying to requests under such section 552 to search and review documents rather than other employees of the Department. (3) A schedule for carrying out the plan, including key milestones and metrics. (b) Compliance assessment The Secretary shall request the Director of the Office of Government Information Services of the National Archives and Records Administration to conduct an assessment of the compliance by the Department of Veterans Affairs with section 552 of title 5, United States Code. (c) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on implementing subsections (a) and (b). The report shall include the following: (A) The plan established under subsection (a). (B) An analysis of the root causes of the backlog of FOIA requests. (C) Recommendations with respect to any additional resources or legislative action the Secretary determines necessary for such implementation. (2) Annual reports During the five-year period following the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate annual reports on— (A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and (B) the compliance by the Department as described in subsection (b). (3) Publication The Secretary shall make publicly available on the internet website of the Department the reports under paragraphs (1) and (2) by not later than 30 days after the date on which the Secretary submits the reports to the Committees on Veterans’ Affairs of the House of Representatives and the Senate. (d) Backlog of FOIA requests defined In this section, the term backlog of FOIA requests means the number of requests, as reported by the Secretary of Veterans Affairs to the Attorney General in the Annual FOIA Report, made by individuals to the Secretary pursuant to section 552 of title 5, United States Code, for documents or information that the Secretary has not fulfilled or provided a response to the individual.
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II 117th CONGRESS 1st Session S. 2164 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Crapo (for himself, Mr. Burr , Mr. Scott of South Carolina , Mr. Daines , Mr. Risch , Ms. Ernst , Mr. Marshall , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for certain reforms with respect to the Medicare program under title XVIII of the Social Security Act, and for other purposes.
1. Short title This Act may be cited as the Lower Costs, More Cures Act of 2021 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Medicare and Medicaid Provisions Subtitle A—Medicare Part B Provisions Sec. 101. Improvements to Medicare site-of-service transparency. Sec. 102. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs. Sec. 103. Providing for variation in payment for certain drugs covered under part B of the Medicare program. Sec. 104. Establishment of maximum add-on payment for drugs and biologicals. Sec. 105. Treatment of drug administration services furnished by certain excepted off-campus outpatient departments of a provider. Sec. 106. Payment for biosimilar biological products during initial period. Sec. 107. Credit under the Medicare Merit-Based Incentive Payment System for completion of a clinical medical education program on biosimilar biological products. Sec. 108. GAO study and report on average sales price. Subtitle B—Medicare Part D Provisions Sec. 111. Medicare part D benefit redesign. Sec. 112. Allowing the offering of additional prescription drug plans under Medicare part D. Sec. 113. Allowing certain enrollees of prescription drug plans and MA–PD plans under the Medicare program to spread out cost-sharing under certain circumstances. Sec. 114. Continuation of Part D Senior Savings Model. Sec. 115. Requiring prescription drug plans and MA–PD plans to report potential fraud, waste, and abuse to the Secretary of HHS. Sec. 116. Establishment of pharmacy quality measures under Medicare part D. Subtitle C—Medicaid provisions Sec. 121. Price reporting clarifications for gene therapy outcomes-based agreements. Sec. 122. Anti-kickback statute and physician self-referral safe harbors. Sec. 123. GAO study and report on use of outcomes-based agreements. TITLE II—Drug Price Transparency Provisions Sec. 201. Reporting on explanation for drug price increases. Sec. 202. Public disclosure of drug discounts. Sec. 203. Making prescription drug marketing sample information reported by manufacturers available to certain individuals and entities. Sec. 204. Sense of the Senate regarding the need to expand commercially available drug pricing comparison platforms. TITLE III—Revenue Provision Sec. 301. Inclusion of insulin and other treatments for chronic conditions as preventive care. TITLE IV—Miscellaneous Provisions Sec. 401. Improving coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services. Sec. 402. Patient consultation in Medicare national and local coverage determinations in order to mitigate barriers to inclusion of such perspectives. Sec. 403. MedPAC report on shifting coverage of certain Medicare part B drugs to Medicare part D. Sec. 404. Authority to require that direct-to-consumer advertisements for prescription drugs and biological products include truthful and non-misleading pricing information. Sec. 405. Chief Pharmaceutical Negotiator at the Office of the United States Trade Representative. I Medicare and Medicaid Provisions A Medicare Part B Provisions 101. Improvements to Medicare site-of-service transparency Section 1834(t) of the Social Security Act ( 42 U.S.C. 1395m(t) ) is amended— (1) in paragraph (1)— (A) in the heading, by striking In general and inserting Site payment ; (B) in the matter preceding subparagraph (A)— (i) by striking or to and inserting , to ; (ii) by inserting , or to a physician for services furnished in a physician’s office after surgical center under this title ; and (iii) by inserting (or 2022 with respect to a physician for services furnished in a physician’s office) after 2018 ; and (C) in subparagraph (A)— (i) by striking and the and inserting , the ; and (ii) by inserting , and the physician fee schedule under section 1848 (with respect to the practice expense component of such payment amount) after such section ; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (3) by inserting after paragraph (1) the following new paragraph: (2) Physician payment Beginning in 2022, the Secretary shall expand the information included on the internet website described in paragraph (1) to include— (A) the amount paid to a physician under section 1848 for an item or service for the settings described in paragraph (1); and (B) the estimated amount of beneficiary liability applicable to the item or service. . 102. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs Section 1847A of the Social Security Act ( 42 U.S.C. 1395–3a ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Refund for certain discarded single-Dose container or single-Use package drugs (1) Secretarial provision of information (A) In general For each calendar quarter beginning on or after July 1, 2022, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: (i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). (ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). (B) Determination of discarded amounts For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. (C) Exclusion of units of packaged drugs The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i), and the determination of the estimated total allowed charges for the drug in the quarter for purposes of paragraph (3)(A)(ii), shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. (2) Manufacturer requirement For each calendar quarter beginning on or after July 1, 2022, the manufacturer of a refundable single-dose container or single-use package drug shall, for such drug, provide to the Secretary a refund that is equal to the amount specified in paragraph (3) for such drug for such quarter. (3) Refund amount (A) In general The amount of the refund specified in this paragraph is, with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after July 1, 2022, an amount equal to the estimated amount (if any) by which— (i) the product of— (I) the total number of units of the billing and payment code for such drug that were discarded during such quarter (as determined under paragraph (1)); and (II) (aa) in the case of a refundable single-dose container or single-use package drug that is a single source drug or biological, the amount determined for such drug under subsection (b)(4); or (bb) in the case of a refundable single-dose container or single-use package drug that is a biosimilar biological product, the average sales price determined under subsection (b)(8)(A); exceeds (ii) an amount equal to the applicable percentage (as defined in subparagraph (B)) of the estimated total allowed charges for such drug during the quarter. (B) Applicable percentage defined (i) In general For purposes of subparagraph (A)(ii), the term applicable percentage means— (I) subject to subclause (II), 10 percent; and (II) if applicable, in the case of a refundable single-dose container or single-use package drug described in clause (ii), a percentage specified by the Secretary pursuant to such clause. (ii) Treatment of drugs that have unique circumstances In the case of a refundable single-dose container or single-use package drug that has unique circumstances involving similar loss of product as that described in paragraph (8)(B), the Secretary, through notice and comment rulemaking, may increase the applicable percentage otherwise applicable under clause (i)(I) as determined appropriate by the Secretary. (4) Frequency Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). (5) Refund deposits Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. (6) Enforcement (A) Audits (i) Manufacturer audits Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. (ii) Provider audits The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. (B) Civil money penalty (i) In general The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of— (I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and (II) 25 percent of such amount. (ii) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (7) Implementation The Secretary shall implement this subsection through notice and comment rulemaking. (8) Definition of refundable single-dose container or single-use package drug (A) In general Except as provided in subparagraph (B), in this subsection, the term refundable single-dose container or single-use package drug means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. (B) Exclusions The term refundable single-dose container or single-use package drug does not include— (i) a drug or biological that is either a radiopharmaceutical or an imaging agent; (ii) a drug or biological for which dosage and administration instructions approved by the Commissioner of Food and Drugs require filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process; or (iii) a drug or biological approved by the Food and Drug Administration on or after the date of enactment of this subsection and with respect to which payment has been made under this part for less than 18 months. . 103. Providing for variation in payment for certain drugs covered under part B of the Medicare program (a) In general Section 1847A(b) of the Social Security Act (42 U.S.C. 1395w–3a(b)) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting after or 106 percent the following: (or, for a multiple source drug (other than autologous cellular immunotherapy) furnished on or after January 1, 2022, the applicable percent specified in paragraph (9)(A) for the drug and quarter involved) ; and (B) in subparagraph (B) of paragraph (1), by inserting after 106 percent the following: (or, for a single source drug or biological (other than autologous cellular immunotherapy) furnished on or after January 1, 2022, the applicable percent specified in paragraph (9)(A) for the drug or biological and quarter involved) ; and (2) by adding at the end the following new paragraph: (9) Application of variable percentages based on percentile ranking of per beneficiary allowed charges (A) Applicable percent to be applied (i) In general Subject to clause (ii), with respect to a drug or biological furnished in a calendar quarter beginning on or after January 1, 2022, if the Secretary determines that the percentile rank of a drug or biological under subparagraph (B)(i)(III), with respect to per beneficiary allowed charges for all such drugs or biologicals, is— (I) at least equal to the 85th percentile, the applicable percent for the drug for such quarter under this subparagraph is 104 percent; (II) at least equal to the 70th percentile, but less than the 85th percentile, such applicable percent is 106 percent; (III) at least equal to the 50th percentile, but less than the 70th percentile, such applicable percent is 108 percent; or (IV) less than the 50th percentile, such applicable percent is 110 percent. (ii) Cases where data not sufficiently available to compute per beneficiary allowed charges Subject to clause (iii), in the case of a drug or biological furnished for which the amount of payment is determined under subparagraph (A) or (B) of paragraph (1) and not under subsection (c)(4), for calendar quarters during a period in which data are not sufficiently available to compute a per beneficiary allowed charges for the drug or biological, the applicable percent is 106 percent. (B) Determination of percentile rank of per beneficiary allowed charges of drugs (i) In general With respect to a calendar quarter beginning on or after January 1, 2022, for drugs and biologicals for which the amount of payment is determined under subparagraph (A) or (B) of paragraph (1), except for drugs or biologicals for which data are not sufficiently available, the Secretary shall— (I) compute the per beneficiary allowed charges (as defined in subparagraph (C) ) for each such drug or biological; (II) adjust such per beneficiary allowed charges for the quarter, to the extent provided under subparagraph (D); and (III) arrange such adjusted per beneficiary allowed charges for all such drugs or biologicals from high to low and rank such drugs or biologicals by percentile of such per beneficiary allowed charges. (ii) Frequency The Secretary shall make the computations under clause (i)(I) every 6 months (or, if necessary, as determined by the Secretary, every 9 or 12 months) and such computations shall apply to succeeding calendar quarters until a new computation has been made. (iii) Applicable data period For purposes of this paragraph, the term applicable data period means the most recent period for which the data necessary for making the computations under clause (i) are available, as determined by the Secretary. (C) Per beneficiary allowed charges defined In this paragraph, the term per beneficiary allowed charges means, with respect to a drug or biological for which the amount of payment is determined under subparagraph (A) or (B) of paragraph (1)— (i) the allowed charges for the drug or biological for which payment is so made for the applicable data period, as estimated by the Secretary; divided by (ii) the number of individuals for whom any payment for the drug or biological was made under paragraph (1) for the applicable data period, as estimated by the Secretary. (D) Adjustment to reflect changes in average sales price In applying this paragraph for a particular calendar quarter, the Secretary shall adjust the per beneficiary allowed charges for a drug or biological by multiplying such per beneficiary allowed charges under subparagraph (C) for the applicable data period by the ratio of— (i) the average sales price for the drug or biological for the most recent calendar quarter used under subsection (c)(5)(B); to (ii) the average sales price for the drug or biological for the calendar quarter (or the weighted average for the quarters involved) included in the applicable data period. . (b) Application of judicial review provisions Section 1847A(i) of the Social Security Act (42 U.S.C. 1395w–3a(i)), as redesignated by section 102, is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ; and ; and (3) by adding at the end the following new paragraph: (6) the determination of per beneficiary allowed charges of drugs or biologicals and ranking of such charges under subsection (b)(9). . 104. Establishment of maximum add-on payment for drugs and biologicals (a) In general Section 1847A of the Social Security Act ( 42 U.S.C. 1395w–3a ), as amended by section 103, is amended— (1) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (7) and inserting paragraphs (7) and (10) ; and (B) by adding at the end the following new paragraph: (10) Maximum add-on payment amount (A) In general In determining the payment amount under the provisions of subparagraph (A), (B), or (C) of paragraph (1) of this subsection, subsection (c)(4)(A)(ii), or subsection (d)(3)(C) for a drug or biological furnished on or after January 1, 2022, if the applicable add-on payment (as defined in subparagraph (B)) for each drug or biological on a claim for a date of service exceeds the maximum add-on payment amount specified under subparagraph (C) for the drug or biological, then the payment amount otherwise determined for the drug or biological under those provisions, as applicable, shall be reduced by the amount of such excess. (B) Applicable add-on payment defined In this paragraph, the term applicable add-on payment means the following amounts, determined without regard to the application of subparagraph (A): (i) In the case of a multiple source drug, an amount equal to the difference between— (I) the amount that would otherwise be applied under paragraph (1)(A); and (II) the amount that would be applied under such paragraph if 100 percent were substituted for the applicable percent (as defined in paragraph (9)) for such drug. (ii) In the case of a single source drug or biological, an amount equal to the difference between— (I) the amount that would otherwise be applied under paragraph (1)(B); and (II) the amount that would be applied under such paragraph if 100 percent were substituted for the applicable percent (as defined in paragraph (9)) for such drug or biological. (iii) In the case of a biosimilar biological product, the amount otherwise determined under paragraph (8)(B). (iv) In the case of a drug or biological during the initial period described in subsection (c)(4)(A), an amount equal to the difference between— (I) the amount that would otherwise be applied under subsection (c)(4)(A)(ii); and (II) the amount that would be applied under such subsection if 100 percent were substituted, as applicable, for— (aa) 103 percent in subclause (I) of such subsection; or (bb) any percent in excess of 100 percent applied under subclause (II) of such subsection. (v) In the case of a drug or biological to which subsection (d)(3)(C) applies, an amount equal to the difference between— (I) the amount that would otherwise be applied under such subsection; and (II) the amount that would be applied under such subsection if 100 percent were substituted, as applicable, for— (aa) any percent in excess of 100 percent applied under clause (i) of such subsection; or (bb) 103 percent in clause (ii) of such subsection. (C) Maximum add-on payment amount specified For purposes of subparagraph (A), the maximum add-on payment amount specified in this subparagraph is— (i) with respect to a drug or biological (other than autologous or allogeneric cellular immunotherapy)— (I) for each of 2022 through 2029, $1,000; and (II) for a subsequent year, the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year; or (ii) with respect to a drug or biological consisting of autologous or allogeneric cellular immunotherapy— (I) for each of 2022 through 2029, $2,000; and (II) for a subsequent year, the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year. Any amount determined under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ; and (2) in subsection (c)(4)(A)(ii), by striking in the case and inserting subject to subsection (b)(10), in the case . (b) Conforming amendments relating to separately payable drugs (1) OPPS Section 1833(t)(14) of the Social Security Act ( 42 U.S.C. 1395l(t)(14) ) is amended— (A) in subparagraph (A)(iii)(II), by inserting , subject to subparagraph (I) after are not available ; and (B) by adding at the end the following new subparagraph: (I) Application of maximum add-on payment for separately payable drugs and biologicals In establishing the amount of payment under subparagraph (A) for a specified covered outpatient drug that is furnished as part of a covered OPD service (or group of services) on or after January 1, 2022, if such payment is determined based on the average price for the year established under section 1847A pursuant to clause (iii)(II) of such subparagraph, the provisions of subsection (b)(10) of section 1847A shall apply to the amount of payment so established in the same manner as such provisions apply to the amount of payment under section 1847A. . (2) ASC Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D) ) is amended— (A) by moving clause (v) 6 ems to the left; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following new clause: (vi) If there is a separate payment under the system described in clause (i) for a drug or biological furnished on or after January 1, 2022, the provisions of subsection (t)(14)(I) shall apply to the establishment of the amount of payment for the drug or biological under such system in the same manner in which such provisions apply to the establishment of the amount of payment under subsection (t)(14)(A). . 105. Treatment of drug administration services furnished by certain excepted off-campus outpatient departments of a provider Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) ) is amended by adding at the end the following new subparagraph: (G) Special payment rule for drug administration services furnished by an excepted department of a provider (i) In general In the case of a covered OPD service that is a drug administration service (as defined by the Secretary) furnished by a department of a provider described in clause (ii) or (iv) of paragraph (21)(B), the payment amount for such service furnished on or after January 1, 2022, shall be the same payment amount (as determined in paragraph (21)(C)) that would apply if the drug administration service was furnished by an off-campus outpatient department of a provider (as defined in paragraph (21)(B)). (ii) Application without regard to budget neutrality The reductions made under this subparagraph— (I) shall not be considered an adjustment under paragraph (2)(E); and (II) shall not be implemented in a budget neutral manner. . 106. Payment for biosimilar biological products during initial period Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w–3a(c)(4)) is amended— (1) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (3) by striking unavailable .—In the case and inserting “ unavailable .— (A) In general Subject to subparagraph (B), in the case ; and (4) by adding at the end the following new subparagraph: (B) Limitation on payment amount for biosimilar biological products during initial period In the case of a biosimilar biological product furnished on or after January 1, 2022, in lieu of applying subparagraph (A) during the initial period described in such subparagraph with respect to the biosimilar biological product, the amount payable under this section for the biosimilar biological product is the lesser of the following: (i) The amount determined under clause (ii) of such subparagraph for the biosimilar biological product. (ii) The amount determined under subsection (b)(1)(B) for the reference biological product. . 107. Credit under the Medicare Merit-Based Incentive Payment System for completion of a clinical medical education program on biosimilar biological products Section 1848(q)(5)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(q)(5)(C) ) is amended by adding at the end the following new clause: (iv) Clinical medical education program on biosimilar biological products Completion of a clinical medical education program developed or improved under section 352A(b) of the Public Health Service Act by a MIPS eligible professional during a performance period shall earn such eligible professional one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. A MIPS eligible professional may only count the completion of such a program for purposes of such category one time during the eligible professional’s lifetime. . 108. GAO study and report on average sales price (a) Study (1) In general The Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on spending for applicable drugs under part B of title XVIII of the Social Security Act. (2) Applicable drugs defined In this section, the term applicable drugs means drugs and biologicals— (A) for which reimbursement under such part B is based on the average sales price of the drug or biological; and (B) that account for the largest percentage of total spending on drugs and biologicals under such part B (as determined by the Comptroller General, but in no case less than 25 drugs or biologicals). (3) Requirements The study under paragraph (1) shall include an analysis of the following: (A) The extent to which each applicable drug is paid for— (i) under such part B for Medicare beneficiaries; or (ii) by private payers in the commercial market. (B) Any change in Medicare spending or Medicare beneficiary cost-sharing that would occur if the average sales price of an applicable drug was based solely on payments by private payers in the commercial market. (C) The extent to which drug manufacturers provide rebates, discounts, or other price concessions to private payers in the commercial market for applicable drugs, which the manufacturer includes in its average sales price calculation, for— (i) formulary placement; (ii) utilization management considerations; or (iii) other purposes. (D) Barriers to drug manufacturers providing such price concessions for applicable drugs. (E) Other areas determined appropriate by the Comptroller General. (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. B Medicare Part D Provisions 111. Medicare part D benefit redesign (a) Benefit structure redesign Section 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting for a year preceding 2022 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2022 and each subsequent year after paragraph (3) ; (ii) in clause (i), by inserting after 25 percent the following: (or, for 2022 and each subsequent year, 15 percent) ; and (iii) in clause (ii), by inserting (or, for 2022 and each subsequent year, 15 percent) after 25 percent ; (B) in subparagraph (C)— (i) in clause (i), in the matter preceding subclause (I), by inserting for a year preceding 2022, after paragraph (4), ; and (ii) in clause (ii)(III), by striking and each subsequent year and inserting and 2021 ; and (C) in subparagraph (D)— (i) in clause (i)— (I) in the matter preceding subclause (I), by inserting for a year preceding 2022, after paragraph (4), ; and (II) in subclause (I)(bb), by striking a year after 2018 and inserting each of years 2018 through 2021 ; and (ii) in clause (ii)(V), by striking 2019 and each subsequent year and inserting each of years 2019 through 2021 ; (2) in paragraph (3)(A)— (A) in the matter preceding clause (i), by inserting for a year preceding 2022, after and (4), ; and (B) in clause (ii), by striking for a subsequent year and inserting for each of years 2007 through 2021 ; and (3) in paragraph (4)— (A) in subparagraph (A)— (i) in clause (i)— (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking is equal to the greater of— and inserting is equal to— (I) for a year preceding 2022, the greater of— ; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ; and ; and (IV) by adding at the end the following: (II) for 2022 and each succeeding year, $0. ; and (ii) in clause (ii)— (I) by striking clause (i)(I) and inserting clause (i)(I)(aa) ; and (II) by adding at the end the following new sentence: The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2021 for purposes of section 1860D–14(a)(1)(D)(iii). ; (B) in subparagraph (B)— (i) in clause (i)— (I) in subclause (V), by striking or at the end; (II) in subclause (VI)— (aa) by striking for a subsequent year and inserting for 2021 ; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: (VII) for 2022, is equal to $3,100; or (VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ; and (ii) in clause (ii), by striking clause (i)(II) and inserting clause (i) ; (C) in subparagraph (C)(i), by striking and for amounts and inserting and for a year preceding 2022 for amounts ; and (D) in subparagraph (E), by striking In applying and inserting For each of 2011 through 2021, in applying . (b) Decreasing reinsurance payment amount Section 1860D–15(b)(1) of the Social Security Act ( 42 U.S.C. 1395w–115(b)(1) ) is amended— (1) by striking equal to 80 percent and inserting equal to— (A) for a year preceding 2022, 80 percent ; (2) in subparagraph (A), as added by paragraph (1), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) for 2022 and each subsequent year, the sum of— (i) an amount equal to 20 percent of the allowable reinsurance costs (as specified in paragraph (2)) attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B) with respect to applicable drugs (as defined in section 1860D–14B(g)(2)); and (ii) an amount equal to 30 percent of the allowable reinsurance costs (as specified in paragraph (2)) attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B) with respect to covered part D drugs that are not applicable drugs (as so defined). . (c) Manufacturer discount program (1) In general Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D–14A ( 42 U.S.C. 1495w–114 ) the following new section: 1860D–14B. Manufacturer discount program (a) Establishment The Secretary shall establish a manufacturer discount program (in this section referred to as the program ). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than January 1, 2023, in consultation with manufacturers, and allow for comment on such model agreement. (b) Terms of agreement (1) In general (A) Agreement An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2022. (B) Provision of discounted prices at the point-of-sale The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. (2) Provision of appropriate data Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. (3) Compliance with requirements for administration of program Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). (4) Length of agreement (A) In general An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). (B) Termination (i) By the Secretary The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. (ii) By a manufacturer A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year— (I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and (II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. (iii) Effectiveness of termination Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. (iv) Notice to third party The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. (5) Effective date of agreement An agreement under this section shall take effect on a date determined appropriate by the Secretary, which may be at the start of a calendar quarter. (c) Duties described The duties described in this subsection are the following: (1) Administration of program Administering the program, including— (A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; (B) the establishment of procedures under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug; (C) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between— (i) the negotiated price of the applicable drug; and (ii) the discounted price of the applicable drug; (D) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and (E) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). (2) Monitoring compliance (A) In general The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. (B) Notification If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). (3) Collection of data from prescription drug plans and MA–PD plans The Secretary may collect appropriate data from prescription drug plans and MA–PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. (d) Administration (1) In general Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). (2) Limitation In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. (3) Contract with third parties The Secretary shall enter into a contract with one or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party— (A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; (B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; (C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and (D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. (4) Performance requirements The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. (5) Administration Chapter 35 of title 44, United States Code, shall not apply to the program under this section. (e) Enforcement (1) Audits Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. (2) Civil money penalty (A) In general The Secretary shall impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement for each such failure in an amount the Secretary determines is commensurate with the sum of— (i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and (ii) 25 percent of such amount. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (f) Clarification regarding availability of other covered part D drugs Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in. (g) Definitions In this section: (1) Applicable beneficiary The term applicable beneficiary means an individual who, on the date of dispensing a covered part D drug— (A) is enrolled in a prescription drug plan or an MA–PD plan; (B) is not enrolled in a qualified retiree prescription drug plan; and (C) has incurred costs for covered part D drugs in the year that are equal to or exceed the annual deductible specified in section 1860D–2(b)(1) for such year. (2) Applicable drug The term applicable drug means, with respect to an applicable beneficiary, a covered part D drug— (A) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act (including a product licensed under subsection (k) of such section); and (B) (i) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in; (ii) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in; or (iii) is provided through an exception or appeal. (3) Applicable number of calendar days The term applicable number of calendar days means— (A) with respect to claims for reimbursement submitted electronically, 14 days; and (B) with respect to claims for reimbursement submitted otherwise, 30 days. (4) Discounted price (A) In general The term discounted price means, with respect to an applicable drug of a manufacturer furnished during a year to an applicable beneficiary, 90 percent of the negotiated price of such drug. (B) Clarification Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. (C) Special case for claims spanning deductible In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall at or above the annual deductible specified in section 1860D–2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls at or above such annual deductible. (5) Manufacturer The term manufacturer means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. (6) Negotiated price The term negotiated price has the meaning given such term in section 1860D–2(d)(1)(B), except that such negotiated price shall not include any dispensing fee for an applicable drug. (7) Qualified retiree prescription drug plan The term qualified retiree prescription drug plan has the meaning given such term in section 11860D–22(a)(2). . (2) Sunset of Medicare coverage gap discount program Section 1860D–14A of the Social Security Act ( 42 U.S.C. 1395–114a ) is amended— (A) in subsection (a), in the first sentence, by striking The Secretary and inserting Subject to subsection (h), the Secretary ; and (B) by adding at the end the following new subsection: (h) Sunset of program (1) In general The program shall not apply to applicable drugs dispensed on or after January 1, 2022, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. (2) Continued application for applicable drugs dispensed prior to sunset The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2022, with respect to applicable drugs dispensed prior to such date. . (3) Inclusion of actuarial value of manufacturer discounts in bids Section 1860D–11 of the Social Security Act ( 42 U.S.C. 1395w–111 ) is amended— (A) in subsection (b)(2)(C)(iii)— (i) by striking assumptions regarding the reinsurance and inserting assumptions regarding— (I) the reinsurance ; and (ii) by adding at the end the following: (II) for 2022 and each subsequent year, the manufacturer discounts provided under section 1860D– 14B subtracted from the actuarial value to produce such bid; and ; and (B) in subsection (c)(1)(C)— (i) by striking an actuarial valuation of the reinsurance and inserting an actuarial valuation of— (i) the reinsurance ; (ii) in clause (i), as added by clause (i) of this subparagraph, by adding and at the end; and (iii) by adding at the end the following: (ii) for 2022 and each subsequent year, the manufacturer discounts provided under section 1860D–14B; . (4) Clarification regarding exclusion of manufacturer discounts from TrOOP Section 1860D–2(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(4) ) is amended— (A) in subparagraph (C), by inserting and subject to subparagraph (F) after subparagraph (E) ; and (B) by adding at the end the following new subparagraph: (F) Clarification regarding exclusion of manufacturer discounts In applying subparagraph (A), incurred costs shall not include any manufacturer discounts provided under section 1860D–14B. . (d) Determination of allowable reinsurance costs Section 1860D–15(b) of the Social Security Act ( 42 U.S.C. 1395w–115(b) ) is amended— (1) in paragraph (2)— (A) by striking Costs.— For purposes and inserting Costs.— (A) In general Subject to subparagraph (B), for purposes ; and (B) by adding at the end the following new subparagraph: (B) Inclusion of manufacturer discounts on applicable drugs For purposes of applying subparagraph (A), the term allowable reinsurance costs shall include the portion of the negotiated price (as defined in section 1860D–14B(g)(6)) of an applicable drug (as defined in section 1860D–14(g)(2)) that was paid by a manufacturer under the manufacturer discount program under section 1860D–14B. ; and (2) in paragraph (3)— (A) in the first sentence, by striking For purposes and inserting Subject to paragraph (2)(B), for purposes ; and (B) in the second sentence, by inserting or, in the case of an applicable drug, by a manufacturer after by the individual or under the plan . (e) Updating risk adjustment methodologies To account for part D modernization redesign Section 1860D–15(c) of the Social Security Act ( 42 U.S.C. 1395w–115(c) ) is amended by adding at the end the following new paragraph: (3) Updating risk adjustment methodologies to account for part D modernization redesign The Secretary shall update the risk adjustment model used to adjust bid amounts pursuant to this subsection as appropriate to take into account changes in benefits under this part pursuant to the amendments made by section 121 of the Lower Costs, More Cures Act of 2019. . (f) Conditions for coverage of drugs under this part Section 1860D–43 of the Social Security Act ( 42 U.S.C. 1395w–153 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (4) participate in the manufacturer discount program under section 1860D–14B; (5) have entered into and have in effect an agreement described in subsection (b) of such section 1860D–14B with the Secretary; and (6) have entered into and have in effect, under terms and conditions specified by the Secretary, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of such section 1860D–14B. ; (2) by striking subsection (b) and inserting the following: (b) Effective date Paragraphs (1) through (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2022, and paragraphs (4) through (6) of such subsection shall apply to covered part D drugs dispensed on or after January 1, 2022. ; and (3) in subsection (c), by striking paragraph (2) and inserting the following: (2) the Secretary determines that in the period beginning on January 1, 2011, and ending on December 31, 2011 (with respect to paragraphs (1) through (3) of subsection (a)), or the period beginning on January 1, 2022, and ending December 31, 2022 (with respect to paragraphs (4) through (6) of such subsection), there were extenuating circumstances. . (g) Conforming amendments (1) Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (A) in subsection (a)(2)(A)(i)(I), by striking , or an increase in the initial and inserting or for a year preceding 2022 an increase in the initial ; (B) in subsection (c)(1)(C)— (i) in the subparagraph heading, by striking at initial coverage limit ; and (ii) by inserting for a year preceding 2022 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2022 and each subsequent year after subsection (b)(3) for the year each place it appears; and (C) in subsection (d)(1)(A), by striking or an initial and inserting or for a year preceding 2022, an initial . (2) Section 1860D–4(a)(4)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(4)(B)(i) ) is amended by striking the initial and inserting for a year preceding 2022, the initial . (3) Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) ) is amended— (A) in paragraph (1)— (i) in subparagraph (C), by striking The continuation and inserting For a year preceding 2022, the continuation ; (ii) in subparagraph (D)(iii), by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) ; and (iii) in subparagraph (E), by striking The elimination and inserting For a year preceding 2022, the elimination ; and (B) in paragraph (2)— (i) in subparagraph (C), by striking The continuation and inserting For a year preceding 2022, the continuation ; and (ii) in subparagraph (E)— (I) by inserting for a year preceding 2022, after subsection (c) ; and (II) by striking 1860D– 2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) . (4) Section 1860D–21(d)(7) of the Social Security Act ( 42 U.S.C. 1395w–131(d)(7) ) is amended by striking section 1860D–2(b)(4)(B)(i) and inserting section 1860D–2(b)(4)(C)(i) . (5) Section 1860D–22(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–132(a)(2)(A) ) is amended— (A) by striking the value of any discount and inserting the following: the value of— (i) for years prior to 2022, any discount ; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (ii) for 2022 and each subsequent year, any discount provided pursuant to section 1860D–14B. . (6) Section 1860D–41(a)(6) of the Social Security Act ( 42 U.S.C. 1395w–151(a)(6) ) is amended— (A) by inserting for a year before 2022 after 1860D–2(b)(3) ; and (B) by inserting for such year before the period. (h) Effective date The amendments made by this section shall apply to plan year 2022 and subsequent plan years. 112. Allowing the offering of additional prescription drug plans under Medicare part D (a) Rescinding and issuance of new guidance Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall— (1) rescind sections of any sub-regulatory guidance that limit the number of prescription drug plans in each PDP region that may be offered by a PDP sponsor under part D of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–101 et seq. ); and (2) issue new guidance specifying that a PDP sponsor may offer up to 4 (or a greater number if determined appropriate by the Secretary) prescription drug plans in each PDP region, except in cases where the PDP sponsor may offer up to 2 additional plans in a PDP region pursuant to section 1860D–11(d)(4) of the Social Security Act ( 42 U.S.C. 1395w–111(d)(4) ), as added by subsection (b). (b) Offering of additional plans Section 1860D–11(d) of the Social Security Act ( 42 U.S.C. 1395w–111(d) ) is amended by adding at the end the following new paragraph: (4) Offering of additional plans (A) In general For plan year 2022 and each subsequent plan year, a PDP sponsor may offer up to 2 additional prescription drug plans in a PDP region (in addition to any limit established by the Secretary under this part) provided that the PDP sponsor complies with subparagraph (B) with respect to at least one such prescription drug plan. (B) Requirements In order to be eligible to offer up to 2 additional plans in a PDP region pursuant to subparagraph (A), a PDP sponsor must ensure that, with respect to at least one such prescription drug plan, the sponsor or any entity that provides pharmacy benefits management services under a contract with any such sponsor or plan does not receive direct or indirect remuneration, as defined in section 423.308 of title 42, Code of Federal Regulations (or any successor regulation), unless at least 25 percent of the aggregate reductions in price or other remuneration received by the PDP sponsor or entity from drug manufacturers with respect to the plan and plan year— (i) are reflected at the point-of-sale to the enrollee; or (ii) are used to reduce total beneficiary cost-sharing estimated by the PDP sponsor for prescription drug coverage under the plan in the annual bid submitted by the PDP sponsor under section 1860D–11(b). (C) Definition of reductions in price For purposes of subparagraph (B), the term reductions in price refers only to collectible amounts, as determined by the Secretary, which excludes amounts which after adjudication and reconciliation with pharmacies and manufacturers are duplicate in nature, contrary to other contractual clauses, or otherwise ineligible (such as due to beneficiary disenrollment or coordination of benefits). . (c) Rule of construction Nothing in the provisions of, or amendments made by, this section shall be construed as limiting the ability of the Secretary to increase any limit otherwise applicable on the number of prescription drug plans that a PDP sponsor may offer, at the discretion of the PDP sponsor, in a PDP region under part D of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–101 et seq. ). 113. Allowing certain enrollees of prescription drug plans and MA–PD plans under the Medicare program to spread out cost-sharing under certain circumstances (a) Standard prescription drug coverage Section 1860D–2(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(2) ), as amended by section 111, is amended— (1) in subparagraph (A), by striking Subject to subparagraphs (C) and (D) and inserting Subject to subparagraphs (C), (D), and (E) ; and (2) by adding at the end the following new subparagraph: (E) Enrollee option regarding spreading cost-sharing (i) In general The Secretary shall establish by regulation a process under which, with respect to plan year 2022 and subsequent plan years, a prescription drug plan or an MA–PD plan shall, in the case of a part D eligible individual enrolled with such plan for such plan year with respect to whom the plan projects that the dispensing of a covered part D drug to such individual will result in the individual incurring costs within a 30-day period that are equal to a significant percentage (as specified by the Secretary pursuant to such regulation) of the annual out-of-pocket threshold specified in paragraph (4)(B) for such plan year, provide such individual with the option to make the coinsurance payment required under subparagraph (A) for such costs in the form of equal monthly installments over the remainder of such plan year. (ii) Significant percentage limitations In specifying a significant percentage pursuant to the regulation established by the Secretary under clause (i), the Secretary shall not specify a percentage that is less than 30 percent or greater than 100 percent. . (b) Alternative prescription drug coverage Section 1860D–2(c) of the Social Security Act ( 42 U.S.C. 1395w–102(c) ) is amended by adding at the end the following new paragraph: (4) Same enrollee option regarding spreading cost-sharing For plan year 2022 and subsequent plan years, the coverage provides the enrollee option regarding spreading cost-sharing described in and required under subsection (b)(2)(E). . 114. Continuation of Part D Senior Savings Model Section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended by adding at the end the following new subsection: (h) Part D Senior Savings Model Notwithstanding any other provision of law, the Secretary shall provide for the continued implementation on a permanent basis of the Part D Senior Savings Model under this section, under the same parameters under which such model was implemented for plan year 2021. . 115. Requiring prescription drug plans and MA–PD plans to report potential fraud, waste, and abuse to the Secretary of HHS Section 1860D–4 of the Social Security Act ( 42 U.S.C. 1395w–104 ) is amended by adding at the end the following new subsection: (p) Reporting potential fraud, waste, and abuse Beginning January 1, 2022, the PDP sponsor of a prescription drug plan shall report to the Secretary, as specified by the Secretary— (1) any substantiated or suspicious activities (as defined by the Secretary) with respect to the program under this part as it relates to fraud, waste, and abuse; and (2) any steps made by the PDP sponsor after identifying such activities to take corrective actions. . 116. Establishment of pharmacy quality measures under Medicare part D Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended by adding at the end the following new paragraph: (8) Application of pharmacy quality measures (A) In general A PDP sponsor that implements incentive payments to a pharmacy or price concessions paid by a pharmacy based on quality measures shall use measures established or approved by the Secretary under subparagraph (B) with respect to payment for covered part D drugs dispensed by such pharmacy. (B) Standard pharmacy quality measures The Secretary shall establish or approve standard quality measures from a consensus and evidence-based organization for payments described in subparagraph (A). Such measures shall focus on patient health outcomes and be based on proven criteria measuring pharmacy performance. (C) Effective date The requirement under subparagraph (A) shall take effect for plan years beginning on or after January 1, 2023, or such earlier date specified by the Secretary if the Secretary determines there are sufficient measures established or approved under subparagraph (B) to meet the requirement under subparagraph (A). . C Medicaid provisions 121. Price reporting clarifications for gene therapy outcomes-based agreements (a) Quarterly price reporting obligation Section 1927(b)(3) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3) ) is amended by adding at the end the following new subparagraph: (E) Outcomes-based agreements (i) In general Beginning January 1, 2022, in the case of a covered outpatient drug that is a single course transformative therapy (as defined in subsection (k)(12)) and is sold under an outcomes-based agreement (as defined in subsection (k)(13)) during a rebate period, the manufacturer of such drug shall report (in addition to any other information required under this paragraph) the pricing structure for such drug based on pre-defined outcomes or measures specified in such outcomes-based agreement. (ii) Access to outcomes-based agreements for State plans As a condition of excluding a refund, rebate, reimbursement, free item, withholding, or repayment made under an outcomes-based agreement with respect to a covered outpatient drug from the best price or average manufacturer price of the drug for a rebate period (as described in subsection (c)(1)(C)(i)(VII) or (k)(1)(B)(i)(VI), as applicable), the manufacturer shall— (I) make available to each State plan the opportunity to enter into an outcomes-based agreement for such drug and rebate period; and (II) certify to the Secretary that the manufacturer has made such opportunity so available to each State plan. (iii) Rules of construction Nothing in this subparagraph shall be construed as— (I) requiring a manufacturer to execute an outcomes-based agreement with a State for a covered outpatient drug that is a single course transformative therapy (as defined in subsection (k)(12)); ; (II) precluding the execution of a rebate agreement under this section for such a drug; or (III) limiting States’ ability to join together for a multi-State contract with a single manufacturer to establish an outcomes-based agreement for such a drug. . (b) Definition of best price Section 1927(c)(1)(C) of the Social Security Act ( 42 U.S.C. 1396–8(c)(1)(C) ) is amended— (1) in clause (i)— (A) in subclause (V), by striking and ; (B) in subclause (VI), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (VII) subject to subsection (b)(3)(E)(ii), with respect to a covered outpatient drug that is a single course transformative therapy (as defined in subsection (k)(12)) and is sold under an outcomes-based agreement (as defined in subsection (k)(13)) during the rebate period, any prices resulting from— (aa) a refund, rebate, reimbursement, or free goods from the manufacturer or third party on behalf of the manufacturer; or (bb) the withholding or reduction of a payment to the manufacturer or third party on behalf of the manufacturer, that is triggered by a patient who fails to achieve outcomes or measures defined under the terms of such outcomes-based agreement during the period for which such agreement is effective. ; and (2) in clause (ii)— (A) in subclause (I), by striking the semicolon at the end and inserting , except any price adjustment described in clause (i)(VII); ; (B) in subclause (III), by striking and ; (C) in subclause (IV)— (i) by moving the left margin of such subclause 2 ems to the right; and (ii) by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subclause: (V) in the case of a covered outpatient drug that is a single course transformative therapy (as defined in subsection (k)(12)) and is sold under an outcomes-based agreement (as defined in subsection (k)(13)) that provides that payment for such drug is made in installments over the course of such agreement, shall be determined as if the aggregate price per the terms of the agreement was paid in full in the first installment during the rebate period. . (c) Definition of average manufacturer price Section 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) ) is amended— (1) in subparagraph (B)(i)— (A) in subclause (IV), by striking at the end and ; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (VI) subject to subsection (b)(3)(E)(ii), with respect to a covered outpatient drug that is a single course transformative therapy (as defined in paragraph (12)) and is sold under an outcomes-based agreement (as defined in paragraph (13)) during the rebate period— (aa) a refund, rebate, reimbursement, or free goods from the manufacturer or third party on behalf of the manufacturer; or (bb) the withholding or reduction of a payment to the manufacturer or third party on behalf of the manufacturer, that is triggered by a patient who fails to achieve outcomes or measures defined under the terms of such outcomes-based agreement during the period for which such agreement is effective. ; and (2) by adding at the end the following new subparagraph: (D) Special rule for certain outcomes-based agreements For the purpose of subparagraph (A), in determining the average price paid to the manufacturer for a covered outpatient drug that is a single course transformative therapy (as defined in paragraph (12)) and is sold under an outcomes-based agreement (as defined in paragraph (13)) that provides that payment for such drug is made in installments over the course of such agreement, such price shall be determined as if the aggregate price per the terms of the agreement was paid in full in the first installment during the rebate period. . (d) Other definitions Section 1927(k) of the Social Security Act ( 42 U.S.C. 1396r–8(k) ) is amended by adding at the end the following paragraphs: (12) Single course transformative therapy The term single course transformative therapy means a treatment that consists of the administration of a covered outpatient drug that— (A) is a form of gene therapy, as defined by the Commissioner of Food and Drugs, that is— (i) designated under section 526 of the Federal Food, Drug, and Cosmetics Act; and (ii) licensed under subsection (a) or (k) of section 351 of the Public Health Service Act for a serious or life-threatening rare disease or condition; (B) if administered in accordance with the Indications and Usage section of its label, is expected to result in— (i) the cure of such disease or condition; (ii) a reduction in the symptoms of such disease or condition to the extent that it is expected to— (I) extend life expectancy for those individuals with such disease or condition; (II) prevent, eliminate, or halt progression of comorbidities related to such disease or condition in such individuals; or (III) allow such individuals to achieve or maintain maximum functional capacity in performing daily activities; or (iii) prevention or elimination of episodes, illnesses, injuries, or disabilities related to such disease or condition; and (C) is expected to achieve a result described in subparagraph (B), which may be achieved over an extended period of time, following a single prescribed course of treatment. (13) Outcomes-based agreement The term outcomes-based agreement means a written contract between a manufacturer and purchaser in which the aggregate price over the course of the contract of the covered outpatient drug is based on the achievement of pre-defined outcomes or measures and adjusted accordingly. . (e) Effective date The amendments made by this section shall take effect on January 1, 2022. 122. Anti-kickback statute and physician self-referral safe harbors (a) Exclusion from antikickback prohibition Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (1) in subclause (J)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking and after the semicolon at the end; (2) in subclause (K)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (L) any remuneration provided by a manufacturer or third party on behalf of a manufacturer to a plan under an outcomes-based agreement (as defined in section 1927(k)(13)) in the event a patient fails to achieve outcomes or measures defined in such agreement following the administration of a covered outpatient drug that is a single course transformative therapy (as defined in section 1927(k)(12). . (b) Exclusion from physician self-referral prohibition Section 1877(h)(1)(C) of the Social Security Act ( 42 U.S.C. 1395nn(h)(1)(C) ) is amended by adding at the end the following new clause: (iv) Any amounts paid under an outcomes-based agreement (as defined in section 1927(k)(13)). . (c) Effective date The amendments made by this section shall take effect on January 1, 2022. 123. GAO study and report on use of outcomes-based agreements (a) Study The Comptroller General of the United States shall conduct a study on the extent to which outcomes-based agreements (as defined in section 1927(k)(13) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(13) ) for rare disease gene therapies facilitate patient access to such therapies, improve patient outcomes, lower overall health system costs, and lower costs for patients in Federal health care programs. In conducting such study, the Comptroller General shall— (1) study the impact of this subtitle on– (A) mitigating socioeconomic disparities in accessing rare disease gene therapies through its requirement that State Medicaid programs have access to the same outcomes-based agreement remedy terms that are available in the commercial market for the gene therapy; and (B) the Medicaid Drug Rebate Program, the 340B Drug Pricing Program, and the Medicare Part B program, including compliance with such programs; and (2) with respect to rare disease gene therapies sold under an outcomes-based agreement (as so defined), conduct an audit of manufacturers offering State Medicaid programs the same remedy terms for non-responding patients as offered to commercial insurance plans during a particular rebate period, as described in subsections (c)(1)(C)(i)(VII) and (k)(1)(B)(i)(VI) of section 1927 of the Social Security Act ( 42 U.S.C. 1396r–8 ), as added by this subtitle. (b) Report Not later than June 30, 2027, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under subsection (a). II Drug Price Transparency Provisions 201. Reporting on explanation for drug price increases (a) In general Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1128K the following new section: 1128L. Drug price reporting (a) Definitions In this section: (1) Manufacturer The term manufacturer means the person— (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act; or (B) who is responsible for setting the wholesale acquisition cost for the drug. (2) Qualifying drug The term qualifying drug means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act— (A) that has a wholesale acquisition cost of $100 or more, adjusted for inflation occurring after the date of enactment of this section, for a month’s supply or a typical course of treatment that lasts less than a month, and is— (i) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; (ii) administered or otherwise dispensed to treat a disease or condition affecting more than 200,000 persons in the United States; and (iii) not a vaccine; and (B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII or under a State Medicaid plan under title XIX or under a waiver of such plan. (3) Wholesale acquisition cost The term wholesale acquisition cost has the meaning given that term in section 1847A(c)(6)(B). (b) Report (1) Report required The manufacturer of a qualifying drug shall submit a report to the Secretary— (A) for each increase in the price of a qualifying drug that results in an increase in the wholesale acquisition cost of that drug that is equal to— (i) 10 percent or more within a single calendar year beginning on or after January 1, 2021; or (ii) 25 percent or more within three consecutive calendar years for which the first such calendar year begins on or after January 1, 2021; and (B) in the case that the qualifying drug is first covered under title XVIII with respect to an applicable year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such applicable year (or per course of treatment in such applicable year, as defined by the Secretary) is at least $26,000. (2) Report deadline Each report described in paragraph (1) shall be submitted to the Secretary— (A) in the case of a report with respect to an increase in the price of a qualifying drug that occurs during the period beginning on January 1, 2021, and ending on the day that is 60 days after the date of enactment of this section, not later than 90 days after such date of enactment; (B) in the case of a report with respect to an increase in the price of a qualifying drug that occurs after the period described in subparagraph (A), not later than 30 days prior to the planned effective date of such price increase for such qualifying drug; and (C) in the case of a report with respect to a qualifying drug that meets the criteria described in paragraph (1)(B), not later than 30 days after such drug meets such criteria. (c) Contents A report under subsection (b), consistent with the standard for disclosures described in section 213.3(d) of title 12, Code of Federal Regulations (as in effect on the date of enactment of this section), shall, at a minimum, include— (1) with respect to the qualifying drug— (A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug within the calendar year or three consecutive calendar years as described in subsection (b)(1)(A) or (b)(1)(B), if applicable, and the effective date of such price increase; (B) an explanation for, and description of, each price increase for such drug that will occur during the calendar year period described in subsection (b)(1)(A) or the three consecutive calendar year period described in subsection (b)(1)(B), as applicable; (C) if known and different from the manufacturer of the qualifying drug, the identity of— (i) the sponsor or sponsors of any investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act for clinical investigations with respect to such drug, for which the full reports are submitted as part of the application— (I) for approval of the drug under section 505 of such Act; or (II) for licensure of the drug under section 351 of the Public Health Service Act; and (ii) the sponsor of an application for the drug approved under such section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act; (D) a description of the history of the manufacturer’s price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351 of the Public Health Service Act, or since the manufacturer acquired such approved application or license, if applicable; (E) the current wholesale acquisition cost of the drug; (F) the total expenditures of the manufacturer on— (i) materials and manufacturing for such drug; and (ii) acquiring patents and licensing for such drug; (G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (H) the total expenditures of the manufacturer on research and development for such drug that is necessary to demonstrate that it meets applicable statutory standards for approval under section 505 of the Federal Food, Drug, and Cosmetic Act or licensure under section 351 of the Public Health Service Act, as applicable; (I) the total expenditures of the manufacturer on pursuing new or expanded indications or dosage changes for such drug under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act; (J) the total expenditures of the manufacturer on carrying out postmarket requirements related to such drug, including under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; (K) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351 of the Public Health Service Act, or since the manufacturer acquired such approved application or license; and (L) the total costs associated with marketing and advertising for the qualifying drug; (2) with respect to the manufacturer— (A) the total revenue and the net profit of the manufacturer for each of the 1-year period described in subsection (b)(1)(A) or the 3-year period described in subsection (b)(1)(B), as applicable; (B) all stock-based performance metrics used by the manufacturer to determine executive compensation for each of the 1-year period described in subsection (b)(1)(A) or the 3-year period described in subsection (b)(1)(B), as applicable; and (C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on— (i) drug research and development; or (ii) clinical trials, including on drugs that failed to receive approval by the Food and Drug Administration; and (3) such other related information as the Secretary considers appropriate and as specified by the Secretary through notice-and-comment rulemaking. (d) Information provided The manufacturer of a qualifying drug that is required to submit a report under subsection (b), shall ensure that such report and any explanation for, and description of, each price increase described in subsection (c)(1)(B) shall be truthful, not misleading, and accurate. (e) Civil monetary penalty Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section, following notification by the Secretary to the manufacturer that the manufacturer is not in compliance with this section, shall be subject to a civil monetary penalty of $75,000 for each day on which the violation continues. (f) False information Any manufacturer that submits a report for a drug as required by this section that knowingly provides false information in such report is subject to a civil monetary penalty in an amount not to exceed $75,000 for each item of false information. (g) Public posting (1) In general Subject to paragraph (3), the Secretary shall post each report submitted under subsection (b) on the public website of the Department of Health and Human Services the day the price increase of a qualifying drug is scheduled to go into effect. (2) Format In developing the format in which reports will be publicly posted under paragraph (1), the Secretary shall consult with stakeholders, including beneficiary groups, and shall seek feedback from consumer advocates and readability experts on the format and presentation of the content of such reports to ensure that such reports are— (A) user-friendly to the public; and (B) written in plain language that consumers can readily understand. (3) Protected information Nothing in this section shall be construed to authorize the public disclosure of information submitted by a manufacturer that is prohibited from disclosure by applicable laws concerning the protection of trade secrets, commercial information, and other information covered under such laws. (h) Annual report to Congress (1) In General Subject to paragraph (2), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is user-friendly to the public and written in plain language that consumers can readily understand, an annual report— (A) summarizing the information reported pursuant to this section; (B) including copies of the reports and supporting detailed economic analyses submitted pursuant to this section; (C) detailing the costs and expenditures incurred by the Department of Health and Human Services in carrying out this section; and (D) explaining how the Department of Health and Human Services is improving consumer and provider information about drug value and drug price transparency. (2) Protected information Nothing in this subsection shall be construed to authorize the public disclosure of information submitted by a manufacturer that is prohibited from disclosure by applicable laws concerning the protection of trade secrets, commercial information, and other information covered under such laws. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of enactment of this Act. 202. Public disclosure of drug discounts Section 1150A of the Social Security Act ( 42 U.S.C. 1320b–23 ) is amended— (1) in subsection (c), in the matter preceding paragraph (1), by inserting (other than as permitted under subsection (e)) after disclosed by the Secretary ; and (2) by adding at the end the following new subsection: (e) Public availability of certain information (1) In general In order to allow the comparison of PBMs’ ability to negotiate rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions and the amount of such rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions that are passed through to plan sponsors, beginning January 1, 2022, the Secretary shall make available on the internet website of the Department of Health and Human Services the information with respect to the second preceding calendar year provided to the Secretary on generic dispensing rates (as described in paragraph (1) of subsection (b)) and information provided to the Secretary under paragraphs (2) and (3) of such subsection that, as determined by the Secretary, is with respect to each PBM. (2) Availability of data In carrying out paragraph (1), the Secretary shall ensure the following: (A) Confidentiality The information described in such paragraph is displayed in a manner that prevents the disclosure of information, with respect to an individual drug or an individual plan, on rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions. (B) Class of drug The information described in such paragraph is made available by class of drug, using an existing classification system, but only if the class contains such number of drugs, as specified by the Secretary (but not fewer than three drugs), to ensure confidentiality of proprietary information or other information that is prevented to be disclosed under subparagraph (A). . 203. Making prescription drug marketing sample information reported by manufacturers available to certain individuals and entities (a) In general Section 1128H of the Social Security Act ( 42 U.S.C. 1320a–7i ) is amended— (1) by redesignating subsection (b) as subsection (e); and (2) by inserting after subsection (a) the following new subsections: (b) Data sharing agreements (1) In general The Secretary shall enter into agreements with the specified data sharing individuals and entities described in paragraph (2) under which— (A) upon request of such an individual or entity, as applicable, the Secretary makes available to such individual or entity the information submitted under subsection (a) by manufacturers and authorized distributors of record; and (B) such individual or entity agrees to not disclose publicly or to another individual or entity any information that identifies a particular practitioner or health care facility. (2) Specified data sharing individuals and entities For purposes of paragraph (1), the specified data sharing individuals and entities described in this paragraph are the following: (A) Oversight agencies Health oversight agencies (as defined in section 164.501 of title 45, Code of Federal Regulations), including the Centers for Medicare & Medicaid Services, the Office of the Inspector General of the Department of Health and Human Services, the Government Accountability Office, the Congressional Budget Office, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission. (B) Researchers Individuals who conduct scientific research (as defined in section 164.501 of title 45, Code of Federal Regulations) in relevant areas as determined by the Secretary. (C) Payers Private and public health care payers, including group health plans, health insurance coverage offered by health insurance issuers, Federal health programs, and State health programs. (3) Exemption from Freedom of Information Act Except as described in paragraph (1), the Secretary may not be compelled to disclose the information submitted under subsection (a) to any individual or entity. For purposes of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section. (c) Penalties (1) Data sharing agreements Subject to paragraph (3), any specified data sharing individual or entity described in subsection (b)(2) that violates the terms of a data sharing agreement the individual or entity has with the Secretary under subsection (b)(1) shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each such violation. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. (2) Failure to report Subject to paragraph (3), any manufacturer or authorized distributor of record of an applicable drug under subsection (a) that fails to submit information required under such subsection in a timely manner in accordance with rules or regulations promulgated to carry out such subsection shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each such failure. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. (3) Limitation The total amount of civil money penalties imposed under paragraph (1) or (2) with respect to a year and an individual or entity described in paragraph (1) or a manufacturer or distributor described in paragraph (2), respectively, shall not exceed $150,000. (d) Drug sample distribution information (1) In general Not later than January 1 of each year (beginning with 2022), the Secretary shall maintain a list containing information related to the distribution of samples of applicable drugs. Such list shall provide the following information with respect to the preceding year: (A) The name of the manufacturer or authorized distributor of record of an applicable drug for which samples were requested or distributed under this section. (B) The quantity and class of drug samples requested. (C) The quantity and class of drug samples distributed. (2) Public availability The Secretary shall make the information in such list available to the public on the internet website of the Food and Drug Administration. . (b) FDA maintenance of information The Food and Drug Administration shall maintain information available to affected reporting companies to ensure their ability to fully comply with the requirements of section 1128H of the Social Security Act. (c) Prohibition on distribution of samples of opioids Section 503(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(d) ) is amended— (1) by moving the margin of paragraph (4) 2 ems to the left; and (2) by adding at the end the following: (5) No person may distribute a drug sample of a drug that is— (A) an applicable drug (as defined in section 1128H(e) of the Social Security Act); (B) a controlled substance (as defined in section 102 of the Controlled Substances Act) for which the findings required under section 202(b)(2) of such Act have been made; and (C) approved under section 505 for use in the management or treatment of pain (other than for the management or treatment of a substance use disorder). . (d) MedPAC report Not later than 3 years after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall conduct a study on the impact of drug samples on provider prescribing practices and health care costs and may, as the Commission deems appropriate, make recommendations on such study. 204. Sense of the Senate regarding the need to expand commercially available drug pricing comparison platforms It is the sense of the Senate that— (1) commercially available drug pricing comparison platforms can, at no cost, help patients find the lowest price for their medications at their local pharmacy; (2) such platforms should be integrated, to the maximum extent possible, in the health care delivery ecosystem; and (3) pharmacy benefit managers should work to disclose generic and brand name drug prices to such platforms to ensure that— (A) patients can benefit from the lowest possible price available to them; and (B) overall drug prices can be reduced as more educated purchasing decisions are made based on price transparency. III Revenue Provision 301. Inclusion of insulin and other treatments for chronic conditions as preventive care (a) In general Subparagraph (C) of section 223(c)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking deductible .—A plan and inserting “ deductible .— (i) In general A plan , and (2) by adding at the end the following new clause: (ii) Special rule The term preventive care includes such drugs (including insulin), devices, supplies, and medical services or screenings prescribed for the prevention or avoidance of a disease or condition, or the regular treatment and maintenance of a chronic disease or condition, as are determined by the Secretary, in consultation with the Secretary of Health and Human Services, to be— (I) low in cost, (II) supported by medical evidence to have a high cost efficiency in preventing exacerbation of a chronic condition or the development of a secondary condition, and (III) likely (as documented by clinical evidence), when prescribed for a class of individuals, to prevent exacerbation of the chronic condition of such individuals or the development of a secondary condition requiring significantly higher cost treatments. . (b) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Treasury guidance in effect on date of enactment (A) In general No inference shall be drawn by reason of the amendments made by this Act with respect to the effectiveness of the provisions of Internal Revenue Service Notice 2019-45 on the date of the enactment of this Act, and such notice shall continue to apply as in effect on July 17, 2019, unless amended by the Secretary of the Treasury (or the Secretary's delegate) pursuant to the amendments made by this Act or pursuant to subparagraph (B). (B) Continued publication and update of list (i) In general The Secretary of the Treasury (or the Secretary's delegate) may publish, and update from time to time as such Secretary (or delegate) deems appropriate, a list of the drugs, devices, supplies, and services identified under section 223(c)(2)(C)(ii) of the Internal Revenue Code of 1986, in consultation with the Secretary of Health and Human Services (or such Secretary's delegate), as preventive care. (ii) Inclusion of certain diabetic supplies As soon as practicable after the date of the enactment of this Act, the list in effect under Internal Revenue Service Notice 2019-45 shall be amended to include insulin delivery devices and related supplies, and continuous glucose monitoring systems and related supplies. IV Miscellaneous Provisions 401. Improving coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services (a) In general (1) Public meeting (A) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products described in subsection (c) on the market in the United States. (B) Attendees The public meeting shall include— (i) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (ii) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (iii) representatives of commercial health insurance payers; (iv) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (v) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (C) Topics The public meeting shall include a discussion of— (i) the status of the drug and medical device development pipeline related to the availability of novel medical products; (ii) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (iii) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (iv) trends in the differences in the data necessary to determine the safety and effectiveness of a novel medical product and the data necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act ( 42 U.S.C. 1395y(a)(1)(A) ); (v) the availability of information for sponsors of such novel medical products to meet each of those requirements; and (vi) the coordination of information related to significant clinical improvement over existing therapies for patients between the Food and Drug Administration and the Centers for Medicare & Medicaid Services with respect to novel medical products. (D) Trade secrets and confidential information No information discussed as a part of the public meeting under this paragraph shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Improving transparency of criteria for Medicare coverage (A) Draft guidance Not later than 18 months after the public meeting under paragraph (1), the Secretary shall update the final guidance titled National Coverage Determinations with Data Collection as a Condition of Coverage: Coverage with Evidence Development to address any opportunities to improve the availability and coordination of information as described in clauses (iv) through (vi) of paragraph (1)(C). (B) Final guidance Not later than 12 months after issuing draft guidance under subparagraph (A), the Secretary shall finalize the updated guidance to address any such opportunities. (b) Report on coding, coverage, and payment processes under medicare for novel medical products Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish a report on the internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) with respect to the coding, coverage, and payment of novel medical products described in subsection (c). Such report shall include the following: (1) A description of challenges in the coding, coverage, and payment processes under the Medicare program for novel medical products. (2) Recommendations to— (A) incorporate patient experience data (such as the impact of a disease or condition on the lives of patients and patient treatment preferences) into the coverage and payment processes within the Centers for Medicare & Medicaid Services; (B) decrease the length of time to make national and local coverage determinations under the Medicare program (as those terms are defined in subparagraph (A) and (B), respectively, of section 1862(l)(6) of the Social Security Act ( 42 U.S.C. 1395y(l)(6) )); (C) streamline the coverage process under the Medicare program and incorporate input from relevant stakeholders into such coverage determinations; and (D) identify potential mechanisms to incorporate novel payment designs similar to those in development in commercial insurance plans and State plans under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) into the Medicare program. (c) Novel medical products described For purposes of this section, a novel medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ), a breakthrough device under section 515B of such Act ( 21 U.S.C. 360e–3 ), or a regenerative advanced therapy under section 506(g) of such Act ( 21 U.S.C. 356(g) ). 402. Patient consultation in Medicare national and local coverage determinations in order to mitigate barriers to inclusion of such perspectives Section 1862(l) of the Social Security Act ( 42 U.S.C. 1395y(l) ) is amended by adding at the end the following new paragraph: (7) Patient consultation in national and local coverage determinations The Secretary may consult with patients and organizations representing patients in making national and local coverage determinations. . 403. MedPAC report on shifting coverage of certain Medicare part B drugs to Medicare part D (a) Study The Medicare Payment Advisory Commission (in this section referred to as the Commission ) shall conduct a study on shifting coverage of certain drugs and biologicals for which payment is currently made under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) to part D of such title ( 42 U.S.C. 1395w–21 et seq. ). Such study shall include an analysis of— (1) differences in program structures and payment methods for drugs and biologicals covered under such parts B and D, including effects of such a shift on program spending, beneficiary cost-sharing liability, and utilization management techniques for such drugs and biologicals; and (2) the feasibility and policy implications of shifting coverage of drugs and biologicals for which payment is currently made under such part B to such part D. (b) Report (1) In general Not later than June 30, 2023, the Commission shall submit to Congress a report containing the results of the study conducted under subsection (a). (2) Contents The report under paragraph (1) shall include information, and recommendations as the Commission deems appropriate, regarding— (A) formulary design under such part D; (B) the ability of the benefit structure under such part D to control total spending on drugs and biologicals for which payment is currently made under such part B; (C) changes to the bid process under such part D, if any, that may be necessary to integrate coverage of such drugs and biologicals into such part D; (D) any other changes to the program that Congress should consider in determining whether to shift coverage of such drugs and biologicals from such part B to such part D; and (E) the feasibility and policy implications of creating a methodology to preserve the healthcare provider’s ability to take title of the drug, including a methodology under which— (i) prescription drug plans negotiate reimbursement rates and other arrangements with drug manufacturers on behalf of a wholesaler; (ii) wholesalers purchase the drugs from the manufacturers at the negotiated rate and ship them through distributors to physicians to administer to patients; (iii) physicians and hospitals purchase the drug from the wholesaler via the distributor; (iv) after administering the drug, the physician submits a claim to the MAC for their drug administration fee; (v) to be reimbursed for the purchase of the drug from the distributor, the physician furnishes the claim for the drug itself to the wholesaler and the wholesaler would refund the cost of the drug to the physician; and (vi) the wholesaler passes this claim to the PDP to receive reimbursement. 404. Authority to require that direct-to-consumer advertisements for prescription drugs and biological products include truthful and non-misleading pricing information Part A of title XI of the Social Security Act is amended by adding at the end the following new section: 1150D. Authority to require that direct-to-consumer advertisements for prescription drugs and biological products include truthful and non-misleading pricing information (a) In general The Secretary may require that each direct-to-consumer advertisement for a prescription drug or biological product for which payment is available under title XVIII or XIX includes an internet website address that provides an appropriate disclosure of truthful and non-misleading pricing information with respect to the drug or product. (b) Determination by CMS The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall determine the components of the requirement under subsection (a), such as the forms of advertising, the manner of disclosure, the price point listing, and the price information for disclosure. . 405. Chief Pharmaceutical Negotiator at the Office of the United States Trade Representative (a) In general Section 141 of the Trade Act of 1974 ( 19 U.S.C. 2171 ) is amended— (1) in subsection (b)(2)— (A) by striking and one Chief Innovation and Intellectual Property Negotiator and inserting one Chief Innovation and Intellectual Property Negotiator, and one Chief Pharmaceutical Negotiator ; (B) by striking or the Chief Innovation and Intellectual Property Negotiator and inserting the Chief Innovation and Intellectual Property Negotiator, or the Chief Pharmaceutical Negotiator ; and (C) by striking and the Chief Innovation and Intellectual Property Negotiator and inserting the Chief Innovation and Intellectual Property Negotiator, and the Chief Pharmaceutical Negotiator ; and (2) in subsection (c), by adding at the end the following new paragraph: (7) The principal function of the Chief Pharmaceutical Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States pharmaceutical products and services. The Chief Pharmaceutical Negotiator shall be a vigorous advocate on behalf of United States pharmaceutical interests. The Chief Pharmaceutical Negotiator shall perform such other functions as the United States Trade Representative may direct. . (b) Compensation Section 5314 of title 5, United States Code, is amended by striking Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative. and inserting the following: Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative. Chief Pharmaceutical Negotiator, Office of the United States Trade Representative. . (c) Report required Not later than the date that is one year after the appointment of the first Chief Pharmaceutical Negotiator pursuant to paragraph (2) of section 141(b) of the Trade Act of 1974, as amended by subsection (a), and annually thereafter, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing in detail— (1) enforcement actions taken by the United States Trade Representative during the 1-year period preceding the submission of the report to ensure the protection of United States pharmaceutical products and services; and (2) other actions taken by the United States Trade Representative to advance United States pharmaceutical products and services.
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https://www.govinfo.gov/content/pkg/BILLS-117s2164is/xml/BILLS-117s2164is.xml
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117-s-2165
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II 117th CONGRESS 1st Session S. 2165 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Sasse (for himself, Mr. Braun , Mr. Cotton , Mr. Cruz , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Elementary and Secondary Education Act of 1965 to allow parents of eligible military dependent children to establish Military Education Savings Accounts, and for other purposes.
1. Short title This Act may be cited as the Education Savings Accounts for Military Families Act of 2021 . 2. Military education savings accounts (a) In general Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ) is amended by inserting after section 7012 the following: 7012A. Military education savings accounts (a) In general The Secretary of Education, in consultation with the Secretary of Defense, shall carry out a program under which the Secretary of Education shall— (1) at the request of a parent of an eligible military dependent child, establish an account on behalf of such child (to be known as a Military Education Savings Account ) into which the Secretary shall deposit funds in an amount determined under subsection (d); and (2) establish a procedure under which the parent of the child may use funds in the account to pay for the educational expenses of the child in accordance with this section. (b) Application (1) In general To be eligible to participate in the program under this section for a school year, a parent of an eligible military dependent child shall submit an application to the Secretary in accordance with this subsection. (2) Application process In carrying out paragraph (1), the Secretary shall— (A) accept applications on a year-round basis and establish procedures for approving applications in an expeditious manner; and (B) create a standardized form that parents can use to apply for the program and ensure that such form is readily available in written and electronic formats, including on a publicly accessible website. (3) Approval Subject to the availability of funds to carry out this section, the Secretary shall approve the application of a parent to establish a Military Education Savings Account if— (A) the application is submitted in accordance with the application process established by the Secretary pursuant to this subsection; (B) the application demonstrates that the child on whose behalf the Military Education Savings Account is to be established is an eligible military dependent child; and (C) the parent who submits the application enters into a written agreement with the Secretary under which the parent agrees— (i) to provide the child with instruction in, at minimum, the fields of reading, language, mathematics, science, and social studies; (ii) to not enroll the child in a public elementary school or a public secondary school, on a full-time basis while participating in the program; (iii) to use funds in the Military Education Savings Account only for the purposes authorized under this section; and (iv) to comply with all other requirements of this section. (4) Renewals The Secretary shall establish a process for the automatic renewal of a previously established Military Education Savings Account except in cases in which— (A) the parents of the child on whose behalf the account was established choose not to renew the account; or (B) the account was used to commit fraud or was otherwise not used in accordance with the requirements of this section. (c) Priority in the event of insufficient funds (1) In general If the funds appropriated to carry out this section are insufficient to enable the Secretary to establish and fully fund a Military Education Savings Account for each eligible military dependent child whose parent has an application approved under subsection (b) for a school year, the Secretary shall— (A) first renew and fully fund previously established Military Education Savings Accounts; and (B) if funds remain available after renewing all accounts under subparagraph (A), conduct the lottery described in paragraph (3) to select the children on whose behalf accounts will be established using the remaining funds. (2) Transfer authority Notwithstanding any other provision of law, the Secretary may transfer amounts from any account of the Department of Education to renew and fully fund previously established Military Education Savings Accounts under paragraph (1)(A). The authority to transfer amounts under the preceding sentence shall not be subject to any transfer or reprogramming requirements under any other provision of law. (3) Lottery The lottery described in this paragraph is a lottery in which— (A) siblings of children on whose behalf Military Education Savings Accounts have previously been established have the highest probability of selection; (B) children of enlisted members have the next-highest probability of selection after the children described in subparagraph (A); (C) children of warrant officers have the next-highest probability of selection after the children described in subparagraph (B); and (D) children of commissioned officers have the lowest probability of selection. (d) Amount of deposits (1) First year of program The amount of funds deposited into each Military Education Savings Account for the first school year for which such accounts are established under this section shall be $6,000 for each eligible military dependant child covered by the account. (2) Subsequent years The amount of funds deposited into each Military Education Savings Account for any school year after the year described in paragraph (1), shall be the amount determined under this subsection for the previous school year increased by a percentage equal to the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous school year. (e) Use of funds Funds deposited into a Military Education Savings Account for a school year may be used by the parent of an eligible military dependent child to make payments to a qualified educational service provider that is approved by the Secretary under subsection (f)(1) for— (1) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; (2) private online learning programs; (3) private tutoring; (4) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; (5) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K–12 education; (6) computer hardware or other technological devices that are used to help meet a child’s educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; (7) educational software and applications; (8) uniforms purchased from or through a private school recognized by the State; (9) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; (10) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); (11) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; (12) fees for transportation paid to a fee-for-service transportation provider for the child to travel to and from the facilities of a qualified educational service provider; (13) costs of attendance at an institution of higher education; (14) costs associated with an apprenticeship or other vocational training program; (15) fees for state-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; (16) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or (17) any other educational expenses approved by the Secretary. (f) Requirements for qualified educational service providers (1) Registration and approval The Secretary shall establish and maintain a registry of qualified educational service providers that are approved to receive payments from a Military Education Savings Account. The Secretary shall approve a qualified educational service provider to receive such payments if the provider demonstrates to the Secretary that it is licensed in the State in which it operates to provide one or more of the services for which funds may be expended under subsection (e). (2) Participation in online marketplace As a condition of receiving funds from a Military Education Savings Account, a qualified educational service provider shall make its services available for purchase through the online marketplace described in subsection (g). (3) Surety bond (A) In general The Secretary shall require each qualified educational service provider that receives $100,000 or more in funds from Military Education Savings Accounts in a school year to post a surety bond, in an amount determined by the Secretary, for such school year. (B) Retention The Secretary shall prescribe the circumstances under which a surety bond under subparagraph (A) may be retained by the Secretary. (g) Online marketplace (1) In general The Secretary shall seek to enter into a contract with a private-sector entity under which the entity shall— (A) establish and operate an online marketplace that enables the holder of a Military Education Savings Account to make direct purchases from qualified educational service providers using funds from such account; (B) ensure that each qualified educational service provider on the registry maintained by the Secretary under subsection (f)(1) has made its services available for purchase through the online marketplace; (C) ensure that all purchases made through the online marketplace are for services that are allowable uses of funds under subsection (e); and (D) develop and make available a standardized expense report form, in electronic and hard copy formats, to be used by parents for reporting expenses in accordance with subsection (h)(3). (2) Rule of construction Nothing in this subsection shall be construed to require the holder of a Military Education Savings Account to make purchases using the online marketplace described in paragraph (1). (h) Transfer schedule (1) In general Subject to paragraph (2), the Secretary shall make quarterly transfers of the amount calculated pursuant to subsection (d) for deposit into the account of each eligible military dependent child, except that the Secretary may make transfers according to another transfer schedule if the Secretary determines that a transfer schedule other than quarterly transfers is necessary for the operation of the education savings account. (2) Choice of schedule The Secretary shall establish a process under which the parent of a child on whose behalf a Military Education Savings Account is established may choose a transfer schedule other than a transfer schedule determined under paragraph (1). (3) Expense reports (A) Submission required Before receiving a transfer under paragraph (1) or (2), the parent of an eligible military dependent child on whose behalf a Military Education Savings Account is established shall submit to the Secretary an expense report demonstrating how funds from the most recent transfer were expended. (B) Format Each such expense report shall be submitted using the standardized expense report form developed under subsection (g)(1)(D). (i) Rollover Amounts remaining in the Military Education Savings Account of an eligible military dependent child at the end of a school year shall remain available for use in accordance with subsection (e) until the date on which such account terminates under subsection (j). (j) Termination and Return of funds (1) Termination The Military Education Savings Account of an eligible military dependent child shall terminate on— (A) the date on which the child enrolls in a public elementary school or secondary school on a full-time basis; (B) in the case of a child who is pursuing postsecondary education, the earlier of— (i) the date on which the child completes postsecondary education; or (ii) the date on which the child attains the age of 22 years; (C) in the case of a child who is an individual with a disability, the date on which the child attains the age of 26 years; or (D) in the case of an individual not described in subparagraphs (B) or (C), the earlier of— (i) the date on which the child attains the age of 22 years; or (ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. (2) Return of funds Any funds remaining in a Military Education Savings Account on the date such account terminates under paragraph (1) shall be returned to the Treasury of the United States and shall be used to carry out the program under this section. (k) Compulsory attendance requirements A State that receives funds under this title shall consider a child with a Military Education Savings Account for a school year as meeting the State’s compulsory school attendance requirements for such school year. (l) Special rule In the case of a child with a Military Education Savings Account who attends a public school on a less than full-time basis in a school year— (1) the child may not attend the public school free of charge; and (2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child’s costs of attendance at such school. (m) Tax treatment of accounts (1) In general A Military Education Savings Account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions For purposes of subtitle A of the Internal Revenue Code of 1986— (A) any contribution to a military education savings account by the Secretary under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual; and (B) any distribution from a military education savings account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained or the parent of such individual. (n) Fraud prevention and reporting The Secretary shall establish a website and a telephone hotline that enable individuals to anonymously report suspected fraud in the program under this section. The Secretary also shall conduct or contract for random, quarterly, or annual audits of accounts as needed to ensure compliance with this section. (o) Contract authority The Secretary may enter into one or more contracts for the purpose of carrying out the responsibilities of the Secretary under this section. (p) Refunds The Secretary shall establish a process under which payments from a Military Education Savings Accounts to a qualified educational service provider shall be refunded to the account in the event of fraud or nonperformance by the provider. (q) Rules of construction (1) Nonagency A qualified educational service provider that receives a payment from a Military Education Savings Account pursuant to this section shall not be considered an agent of the State or the Federal Government solely because the provider received such payment. (2) Federal or State supervision Nothing in this section shall be construed to allow any agency of a State or the Federal Government to exercise control or supervision over any qualified educational service provider. (3) Imposition of additional requirements No Federal requirements shall apply to a qualified educational service provider other than the requirements specifically set forth in this section. Nothing in this section shall be construed to require a qualified educational service provider to alter its creed, practices, admissions policy, or curriculum in order to be eligible to receive payments from a Military Education Savings Account. (4) Treatment of assistance For purposes of any Federal law, assistance provided under this section shall be considered assistance to the eligible military dependent child or to the parents of a child on whose behalf a Military Education Savings Account is established and shall not be considered assistance to the qualified educational service provider that uses or receives funds from a Military Education Savings Account. (r) Legal proceedings (1) Burden In any legal proceeding in which a qualified educational service provider challenges a requirement imposed by the Department of Education on the provider, the Department shall have the burden of establishing that the requirement is necessary and does not impose any undue burden on the provider. (2) Limitation on liability (A) In general No liability shall arise on the part of an entity described in subparagraph (B) solely because such entity awards, uses, or receives funds from a Military Education Savings Account. (B) Entity described The entities described in this subparagraph are the following: (i) The Department of Education. (ii) An entity that enters into a contract with the Secretary pursuant to subsection (g) or subsection (o). (iii) A qualified educational service provider. (3) Intervention (A) In general Except as provided in subparagraph (B), a parent of an eligible military dependent child or a parent of a child on whose behalf a Military Education Savings Account is established may intervene in any legal proceeding in which the constitutionality of the program under this section is challenged under a State constitution or the United States Constitution. (B) Exception For purposes of judicial administration, a court may— (i) limit the number of parents allowed to intervene in a proceeding under subparagraph (A); or (ii) require all parents who have intervened in a proceeding under subparagraph (A) to file a joint brief, except that no parent shall be required to join any brief filed on behalf of a State that is a defendant in the proceeding. (s) Administrative expenses The Secretary may use not more than 5 percent of the funds made available to carry out this section for the direct costs of administering Military Education Savings Accounts. (t) Definitions In this section: (1) The terms commissioned officer , enlisted member , and warrant officer have the meanings given those terms in section 101(b) of title 10, United States Code. (2) The term eligible military dependent child means a child who— (A) has a parent on active duty in the uniformed services (as that term is defined in section 101 of title 37, United States Code, except that such term does not include an officer in the National Guard who has been activated); and (B) in the case of a child seeking to establish a Military Education Savings account for the first time, was enrolled in a public elementary school or a public secondary school for not less than 100 consecutive days in the preceding school year. (3) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (4) The term qualified educational service provider means an entity or person that is licensed by a State to provide one or more of the educational services for which funds may be expended under subsection (e), including— (A) a private school; (B) a non-public online learning program or course provider; (C) an institution of higher education, which may include a community college or a technical college; (D) a public school; (E) a private tutor or entity that operates a tutoring facility; (F) a provider of educational materials or curriculum; (G) a provider of education-related therapies or services; or (H) any other provider of educational services licensed by a State to provide such services. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 7012 the following: Sec. 7012A. Military education savings accounts. . 3. Authorization of appropriations Section 7014 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714 ) is amended by adding at the end the following: (f) Military education savings accounts For the purpose of carrying out section 7012A— (1) there are authorized to be appropriated $1,200,000,000 for fiscal year 2022; and (2) for each fiscal year beginning after fiscal year 2022, the amount authorized to be appropriated shall be the amount authorized to be appropriated for the previous fiscal year increased by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) over the period of such previous fiscal year. .
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117-s-2166
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II 117th CONGRESS 1st Session S. 2166 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Inhofe (for himself, Ms. Duckworth , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide that certain orders of the Federal Communications Commission shall have no force or effect until certain conditions are satisfied, and for other purposes.
1. Short title This Act may be cited as the Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act of 2021 or the RETAIN GPS and Satellite Communications Act of 2021 . 2. Conditions on commercial terrestrial operations (a) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Covered GPS device The term covered GPS device means a device— (A) operating to provide, using, or having embedded operations requiring access to the Global Positioning System satellite constellation; and (B) that is used by the Federal Government, a non-Federal entity, a private sector entity, or any other person. (3) Covered order The term covered order means the order and authorization of the Commission relating to the LightSquared Technical Working Group Report and other matters, adopted on April 19, 2020 (FCC 20–48; IB Docket Nos. 11–109 and 12–340). (4) Integrated platform The term integrated platform means a device or system that integrates Global Positioning System capability or satellite communications capability into the operation of the device or system, as applicable, in such a manner that the Global Positioning System or satellite communications capability cannot be effectively retrofitted without replacing the device or system. (5) Satellite communications device The term satellite communications device means a device— (A) operating to provide, using, or having embedded operations requiring access to satellite communications; and (B) that is used by the Federal Government, a non-Federal entity, a private sector entity, or any other person. (6) Terrestrial operations order The term terrestrial operations order — (A) means an order of the Commission authorizing an entity to deploy commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band; and (B) includes the covered order. (b) Restriction Notwithstanding any terrestrial operations order adopted by the Commission before, on, or after the date of enactment of this Act, no entity may deploy commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band until the date that is 90 days after the date on which the Commission determines that the entity has satisfied, or has agreed to satisfy, all of the requirements of this section, as applicable. (c) Required upgrades and repairs (1) In general In order to obtain authorization to deploy commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band, a licensee shall upgrade, repair, or replace covered GPS devices and satellite communications devices potentially impacted by those operations, including by bearing the costs of any modification, repair, or replacement of equipment, spares, associated ancillary equipment, software, facilities, operating manuals, training, or compliance with regulations, including with regard to— (A) the underlying platform or system in which a Global Positioning System capability is embedded; and (B) satellite communications systems and equipment. (2) Reimbursable costs for agencies Any costs incurred by a Federal agency due to interference with operations, as determined and certified in writing to the Commission by the Federal agency experiencing interference with operations, as a result of the operations carried out under a terrestrial operations order, shall be reimbursed by the licensee, including the full costs of— (A) any engineering, equipment, software, site acquisition, systems design, or construction; (B) any legitimate and prudent transaction expense, including the hiring of any necessary additional staff, including term-limited Federal civil servants and contractor staff; (C) research, engineering, and other related studies; (D) replacing any device or integrated platform that suffers interference as a result of the conduct of commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band with a device or integrated platform that can provide the same operational capability, including the currently available version of the device or integrated platform (or a reasonable equivalent); (E) in the case of costs incurred by the Department of Defense, the labor cost of Department of Defense personnel or external personnel in engineering, validating, and verifying any required remediation in order to provide the Department of Defense with the same operational capability for the affected system before terrestrial operation in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band; (F) in the case of costs incurred by any Federal agency that is a member of the Interdepartment Radio Advisory Committee, the labor costs of those Federal agency personnel or external personnel in engineering, validating, and verifying any required remediation in order to provide any Federal agency that is a member of the Interdepartment Radio Advisory Committee with the same operational capability for the affected system before terrestrial operation in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band; and (G) other related expenses reasonably incurred. (3) Reimbursable costs for other persons Any costs incurred by a person, including a non-Federal or private sector entity, due to interference with operations, as determined and certified in writing to the Commission by the person experiencing interference with operations, as a result of the operations carried out under a terrestrial operations order, shall be reimbursed by the licensee, including the full costs of— (A) any engineering, equipment, software, site acquisition, systems design, or construction; (B) replacement of satellites; (C) any legitimate and prudent transaction expense, including the hiring of any necessary term-limited civil servants and contractor staff; (D) research, engineering, and other related studies; (E) replacing any device or integrated platform that suffers interference as a result of the conduct of commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band with a device or integrated platform that can provide the same operational capability, including the currently available version of the device or integrated platform (or a reasonable equivalent); (F) the labor costs of personnel in engineering, validating, and verifying any required remediation in order to provide the person, company, or other private sector entity with the same operational capability for the affected system before terrestrial operation in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band; and (G) other related expenses reasonably incurred. (4) Transferability of reimbursable expenses to the Federal Government from Federal Communications Commission Order 20–48 All reimbursable expenses owed to a Federal agency, person, or other private sector entity that are causally attributable to implementing a terrestrial operations order shall transfer to and be borne by any assignee, successor, or purchaser of any license that authorizes terrestrial operations in accordance with that order. (5) Certain payments permitted Notwithstanding section 1341, subchapter II of chapter 15, or section 3302 of title 31, United States Code, a Federal agency may collect or receive any money or other thing of value from a private entity as payment or reimbursement under this section.
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117-s-2167
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II 117th CONGRESS 1st Session S. 2167 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mrs. Gillibrand (for herself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.
1. Short title This Act may be cited as the National Adoption and Foster Care Home Study Act . 2. Demonstration program for the implementation of a national home study process Title II of the Child Abuse Prevention and Treatment Act and Adoption Reform Act of 1978 ( 42 U.S.C. 5111 et seq. ) is amended— (1) in section 203(b) ( 42 U.S.C. 5113(b) )— (A) in paragraph (3)(A), by striking (including and inserting (including the national database established under section 203A(c) but containing ; (B) in paragraph (10)(B), by striking ; and and inserting ; ; (C) in paragraph (11)(C), by striking the period and inserting ; and ; and (D) by adding at the end the following: (12) establish a demonstration program, not later than 1 year after the date of enactment of the National Adoption and Foster Care Home Study Act , through which each participating State or Indian tribe— (A) adopts the uniform, research-based home study methodology for the evaluation of prospective foster parents and adoptive parents developed by the Secretary under section 203A(a); and (B) provides data gathered through operation of the program to the Secretary, as the Secretary may require for purposes of the national database under section 203A(c). ; and (2) by inserting after section 203 ( 42 U.S.C. 5113 ) the following: 203A. National home study demonstration programs; National database (a) Program methodology Each demonstration program established by a State or Indian tribe in accordance with section 203(b)(12) shall use a uniform, research-based home study methodology for the evaluation of prospective foster parents and adoptive parents (developed by the Secretary after consultation with stakeholders and professionals in the field of child welfare) that shall— (1) incorporate— (A) information gathering tools, including— (i) an initial written questionnaire that is a uniform set of closed-ended questions with a variety of possible answers that provides significant family information; (ii) a secondary in-person questionnaire that is administered in a private setting in the home, and, if applicable, with both applicants present together; and (iii) guidelines that describe standardized questions that an individual serving as a reference for the applicant uses in writing a reference letter, to be sent directly to such individual and not shared with the applicant, and which is consistent with the questionnaires described in clauses (i) and (ii); (B) a written guidance document to assist home study practitioners in performing a psychosocial evaluation of the applicant that— (i) provides instructions on how to systematically analyze information learned from the information gathering tools described in subparagraph (A) in order to identify specific strengths and concerns of the applicant; (ii) provides sufficient information for the home study practitioner to determine the significance of behaviors and events in the applicant’s life in relation to being a successful foster care or adoption provider; and (iii) includes a rating system that will be incorporated into the home study report described in subparagraph (C); and (C) a model home study report that may, at the discretion of the Secretary, be customized by a State or Indian tribe as necessary to comply with State or tribal and local regulations and requirements; (2) ensure ongoing training of home study certified personnel; and (3) designate a home study auditor to ensure quality control and accuracy of information provided to placing agencies. (b) Grants The Secretary shall make grants to States and Indian tribes to enable and encourage the States and Indian tribes to establish demonstration programs in accordance with section 203(b)(12). (c) National database The Secretary shall establish a secure national database of home study reports filed by home study practitioners using the home study methodology described in subsection (a). Such database shall be accessible only to State and tribal foster care and adoption agencies, or a designated entity, as determined by the lead agency in the State, to assist with the selection of prospective foster parents and adoptive parents. (d) Condition on participation in demonstration project As a condition for participating in the demonstration program under section 203(b)(12), a State or Indian tribe shall agree to recognize as valid all home study reports listed in the database described in subsection (c), including such reports filed by other States or Indian tribes. (e) Evaluation The Secretary shall enter into a contract with an independent entity to— (1) carry out a periodic evaluation of the home study methodology established under subsection (a) and the demonstration programs established in accordance with section 203(b)(12); and (2) submit to the Secretary a report that includes— (A) a description of the extent to which such methodology— (i) meets the requirements of each of paragraphs (1) through (3) of subsection (a); (ii) expedites the screening of caregivers to promote more family-based care over institutional care for children; (iii) provides cost savings to State or Indian tribe foster care and adoption systems; (iv) reduces the number of children waiting for foster care or adoptive placement; and (v) reduces the number of prospective families waiting for foster care or adoptive placement; and (B) recommendations for expanding the demonstration program and home study methodology to all States and Indian tribes. ; and (3) in section 205(b) ( 42 U.S.C. 5115(b) ), by adding at the end the following: The Secretary may allocate such sums as the Secretary determines to be appropriate from the funds appropriated under subsection (a) for activities under sections 203(b)(12) and 203A. .
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117-s-2168
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II 117th CONGRESS 1st Session S. 2168 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Braun (for himself, Ms. Ernst , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes.
1. Short title This Act may be cited as the Define WOTUS Act of 2021 . 2. Navigable waters (a) Navigable waters definition Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by striking paragraph (7) and inserting the following: (7) Navigable waters (A) In general The term navigable waters means— (i) the territorial seas; (ii) interstate waters that are used, or are susceptible to use in the natural and ordinary condition of those waters, as a means in transport of interstate or foreign commerce; (iii) relatively permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, rivers, or lakes, that flow directly into waters described in clause (ii); and (iv) wetlands that are adjacent to and have a continuous surface water connection to waters described in clause (ii) or (iii). (B) Exclusions The term navigable waters does not include— (i) intermittent or ephemeral waters, including features that flow only in response to precipitation or melt from snowpack; (ii) subsurface waters, such as groundwater or underground streams, including subsurface waters drained through subsurface drainage systems, such as drain tiling; (iii) intrastate waters, unless the waters meet the requirements described in subparagraph (A); (iv) a man-made channel or ditch, including irrigation, distribution, and drainage systems; (v) prior converted cropland; (vi) artificially irrigated areas; (vii) artificial lakes and ponds constructed in upland; (viii) water-filled depressions created in upland, including water-filled depressions incidental to mining or construction activity; (ix) stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater runoff; (x) wastewater recycling structures constructed in upland; (xi) waste treatment systems; (xii) waters that require the use of means beyond visual inspection by the naked eye, including aerial photographs, satellite imaging, or hydrological testing, to determine if the waters meets the requirements described in subparagraph (A); or (xiii) any other waters that do not meet the requirements under subparagraph (A), without regard to whether the water— (I) previously met or would have met those requirements; or (II) may in the future meet those requirements. (C) Associated definitions For the purposes of this paragraph: (i) Continuous surface water connection The term continuous surface water connection means a connection with respect to which an ordinary person would not be able to visually determine by the naked eye, by looking at the water surface, where 1 body of water ends and the other begins. (ii) Relatively permanent, standing, or continuously flowing bodies of water The term relatively permanent, standing, or continuously flowing bodies of water means waters that, except in cases of extreme events (such as a drought)— (I) stand or have continuous flow for not less than 185 days each year; and (II) exhibit a bed and banks. . (b) Jurisdictional determination Title V of the Federal Water Pollution Control Act is amended— (1) by redesignating section 520 ( 33 U.S.C. 1251 note) as section 521; and (2) by inserting after section 519 ( 33 U.S.C. 1377a ) the following: 520. Jurisdictional determinations (a) Definitions In this section: (1) Affected person The term affected person means an applicant for a permit under section 404, landowner, or other affected person with an identifiable and substantial legal interest in a property. (2) Secretary The term Secretary means the Secretary of the Army. (b) Binding determination On written request of an affected person, the Secretary shall provide a binding determination of whether the waters on the property of the affected person are navigable waters that meet the requirements described in section 502(7)(A)(iv). (c) Costs A determination of the Secretary under subsection (b) shall be made at the cost of the Secretary. (d) Timing (1) In general The Secretary shall make a determination under subsection (b) not later than 60 days after the date on which the Secretary receives a written request from an affected person. (2) Effect of nonresponse If the Secretary does not make a determination by the end of the period described in paragraph (1), the waters on the property of the affected person shall not be considered to be navigable waters. (e) Term of determination (1) Finding of navigable waters If the Secretary determines under subsection (b) that the waters on the property of the affected person are navigable waters, the determination shall be binding on the Secretary and the Administrator for a period to be determined by the Secretary, but in any case not longer than 5 years after the date of the determination. (2) Finding of nonnavigable waters If the Secretary determines under subsection (b) that the waters on the property of the affected person are not navigable waters, the determination shall be binding on the Secretary and the Administrator for as long as the affected person has an identifiable and substantial legal interest in the property. (f) Judicial review (1) In general An affected person may obtain expedited judicial review of a determination of the Secretary under subsection (b). (2) Timing To obtain expedited judicial review under paragraph (1), the affected person shall submit a claim under that paragraph not later than 30 days after the date on which the Secretary makes the determination under subsection (b). (3) Jurisdiction A district court of the United States with appropriate venue for the State in which the affected person resides or in which a substantial part of the property of the affected person is located shall have jurisdiction over an action under this subsection. .
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117-s-2169
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II 117th CONGRESS 1st Session S. 2169 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Blumenthal (for himself, Mr. Wyden , Mr. Murphy , Mr. Merkley , Mrs. Feinstein , Mr. Markey , Mr. Casey , Mr. Menendez , Ms. Klobuchar , Ms. Baldwin , Mr. Booker , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program relating to the removal of firearms from adjudicated domestic violence offenders, and for other purposes.
1. Short title This Act may be cited as the Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act . 2. Findings Congress finds the following: (1) Congress has the responsibility to keep the populace of the United States safe, and domestic gun violence is a significant threat to the well-being of the United States. (2) Each year in the United States, more than 600 women are shot to death by an intimate partner. More women are killed in the United States by domestic partners than by any other type of assailant, and most of these homicides are committed with firearms. (3) Approximately 4,500,000 women alive in the United States today report having been threatened with a gun by a domestic partner. (4) More than half of intimate partner homicides in the United States are committed with a firearm. If a woman has an abusive male partner who has access to a firearm, the woman is 5 times more likely to be killed than she would be if the abusive male partner did not have access to a firearm, and domestic violence assaults involving a gun are 12 times more likely to result in death than domestic violence assaults involving other weapons or bodily force. (5) Perpetrators of intimate partner violence are far more likely to commit additional acts of gun violence. Nearly half of all mass shooters have committed acts of domestic violence. (6) Victims of intimate partner violence often pursue restraining orders as a means of protection in the immediate aftermath of, or in conjunction with, leaving dangerous partners and situations. This time period is especially dangerous for victims. (7) Although individuals against whom there is a domestic violence restraining order are barred from purchasing a firearm under section 922(g)(8) of title 18, United States Code, various loopholes in that section allow perpetrators to purchase and maintain possession of firearms. For example, Federal law only protects domestic violence victims against spouses, former spouses, cohabitants, former cohabitants, and individuals with whom those victims have a child. Furthermore, under Federal law, protective orders issued against domestic violence abusers on an emergency or ex parte basis do not prohibit those abusers from possessing or purchasing firearms. (8) Some States and local governments have passed laws that go beyond the Federal baseline by expanding the range of abusive partners included in firearm restrictions to encompass abusive dating partners. Numerous studies conducted between 2000 and 2017 have shown that States that pass these laws experience a significant reduction in intimate partner homicides. (9) States that restrict access to guns to individuals subject to active domestic violence restraining orders have experienced a 13 percent reduction in intimate partner homicides involving firearms. (10) Congress has the power to set a national standard to protect domestic violence victims who seek restraining orders against abusive partners by preventing those abusive partners from possessing or purchasing firearms and ammunition while the restraining order is in effect. 3. Title 18 amendments (a) Definitions of intimate partner and misdemeanor crime of domestic violence expanded Section 921(a) of title 18, United States Code, is amended— (1) by inserting before paragraph (32) the following: (31) The term covered domestic violence court order means a court order, with respect to a person— (A) (i) that was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or (ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided— (I) within the time required by State, Tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person; (B) that restrains the person from— (i) harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or (ii) intimidating or dissuading a witness from testifying in court; and (C) that— (i) includes a finding that the person represents a credible threat to the physical safety of an individual described in subparagraph (B); or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against an individual described in subparagraph (B) that would reasonably be expected to cause bodily injury. ; (2) in paragraph (32), by striking all that follows after The term intimate partner and inserting the following: — (A) means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; and (B) includes— (i) a dating partner (as defined in section 2266) or former dating partner; and (ii) any other individual similarly situated to a spouse who is protected by the domestic or family violence laws of the State, local, or Tribal jurisdiction in which the injury occurred or where the victim resides. ; and (3) in paragraph (33)(A)— (A) in clause (i), by inserting after Federal, State, the following: municipal, ; and (B) in clause (ii)— (i) by striking or the threatened and inserting the threatened ; (ii) by inserting or stalking, after deadly weapon, ; and (iii) by inserting dating partner (as defined in section 2266), after spouse, each place it appears. (b) Unlawful sale of firearm to a person subject to court order Section 922(d)(8) of title 18, United States Code, is amended to read as follows: (8) is subject to a covered domestic violence court order; or . (c) List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded Section 922(g)(8) of title 18, United States Code, is amended to read as follows: (8) who is subject to a covered domestic violence court order; or . (d) Technical and conforming amendments The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq. ) is amended— (1) in section 3(1) ( 34 U.S.C. 40903(1) ), by striking court order (as described in section 922(g)(8) and inserting covered domestic violence court order (as defined in section 921(a) ; and (2) in section 102(b)(1)(C)(v) ( 34 U.S.C. 40912(b)(1)(C)(v) ), by striking court order described in section 922(g)(8) and inserting covered domestic violence court order, as defined in section 921(a) . 4. Grant program (a) Amendment Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP Grant program regarding removal of firearms from adjudicated domestic violence parties 3061. Definitions In this part: (1) Ammunition; firearm The terms ammunition and firearm have the meanings given those terms in section 921 of title 18, United States Code. (2) Covered entity The term covered entity means— (A) a State; (B) an Indian Tribe; or (C) a unit of local government. (3) Domestic violence protection order The term domestic violence protection order has the meaning given the term covered domestic violence court order in section 921 of title 18, United States Code. 3062. Grant program (a) Authority to make grants The Attorney General may make grants to covered entities to assist the covered entities in carrying out the policies, procedures, protocols, laws, court rules, or regulations described in section 3063. (b) Eligible covered entity (1) In general A covered entity shall be eligible to receive a grant under this section on and after the date on which the Attorney General determines that the covered entity has in effect policies, procedures, protocols, laws, court rules, or regulations that are substantially similar to the policies, procedures, laws, court rules, or regulations described in section 3063. (2) Determination In making a determination under paragraph (1), the Attorney General may consider policies, procedures, protocols, laws, court rules, or regulations of a covered entity to be substantially similar to the policies, procedures, laws, courts rules, or regulations described in section 3063 even if the policies, procedures, protocols, laws, court rules, or regulations of the covered entity— (A) vary in scope; (B) prescribe different types of protective orders or firearm surrender orders; or (C) provide different timing requirements. (c) Use of funds Grant funds awarded under this section may be used by a covered entity— (1) to assist law enforcement agencies or courts of the covered entity in carrying out the policies, procedures, protocols, laws, court rules, or regulations described in section 3063; and (2) in order to ensure the safety of domestic violence victims after a domestic violence protection order is issued in accordance with the policies, procedures, protocols, laws, court rules, or regulations described in section 3063, to partner with and provide support to not less than 1 domestic violence victim service provider, which may include an organization that is a culturally specific organization. (d) Application (1) In general A covered entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (2) Contents An application submitted under this subsection shall include a description of an action plan of the covered entity to establish a partnership described in subsection (c)(2). 3063. State and Tribal policies and procedures The policies, procedures, protocols, laws, court rules, or regulations described in this section are policies, procedures, protocols, laws, court rules, or regulations relating to the possession of a firearm or ammunition that— (1) direct a court, upon the issuance of a domestic violence protection order, to issue an additional order (referred to in this section as a firearm surrender order ) that— (A) is in effect for the duration of the domestic violence protection order; (B) automatically terminates upon the expiration of the domestic violence protection order; (C) requires— (i) the individual subject to the firearm surrender order to, not later than 24 hours after the firearm surrender order is served, surrender physical possession of all firearms and ammunition in the possession, care, custody, or control of the individual, including any firearm that the individual has entrusted or lent to a third party, by either— (I) surrendering the firearms and ammunition to the chief law enforcement officer of the district in which the individual resides or a law enforcement agency designated by the State or Indian Tribe to receive and store firearms and ammunition; or (II) selling the firearms and ammunition to a licensed dealer (as defined in section 921 of title 18, United States Code); or (ii) the chief law enforcement officer of the district in which the individual resides or a law enforcement agency designated by the State or Indian Tribe to receive and store firearms and ammunition to, not later than 24 hours after the firearm surrender order is served, request the surrender of and remove and store any firearm or ammunition in the possession, care, custody, or control of the individual, including firearms and ammunition that the individual has entrusted or lent to a third party; (D) prohibits the individual from purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for the period of time during which the firearm surrender order is in effect; (E) revokes any permit or license of the individual to purchase, possess or carry a firearm or ammunition for the period of time during which the firearm surrender order is in effect; and (F) requires the individual subject to the firearm surrender order to, not later than 48 hours after the firearm surrender order is served by a court, file with the court— (i) a declaration under penalty of perjury that— (I) the individual has made the surrender described in subparagraph (C)(i); (II) the chief law enforcement officer of the district in which the individual resides has conducted the removal described in subparagraph (C)(ii); or (III) the individual did not possess any firearm or ammunition at the time of the issuance and service of the firearm surrender order and continues to not possess any firearms or ammunition; and (ii) an itemized receipt of any firearms or ammunition surrendered by the individual subject to the firearm surrender order under subparagraph (C)(i), or removed by a chief law enforcement officer from that individual under subparagraph (C)(ii), that is signed by the individual who took possession of those firearms or ammunition; (2) in the case of an individual who does not comply with paragraph (1)(C)(i), and where there are reasonable grounds to believe that the individual possesses or has purchased a firearm, require the chief law enforcement officer or designated law enforcement agency described in paragraph (1)(C)(ii) to remove any firearm or ammunition from the individual; (3) requires a chief law enforcement officer or designated law enforcement agency that conducts a removal under paragraph (1)(C)(ii) or (2) or receives a firearm or ammunition surrendered by an individual under paragraph (1)(C)(i)(I) to, not later than 48 hours after conducting the removal or receiving the surrendered firearm or ammunition, notify the court of the removal or surrender; (4) with respect to a firearm or ammunition that is surrendered under paragraph (1)(C)(i) or any firearm or ammunition removed under paragraph (1)(C)(ii) or (2), require the law enforcement agency to which the firearm or ammunition is surrendered or that removes any firearm or ammunition to— (A) safely store the firearm or ammunition; and (B) at the request of the individual subject to the firearm surrender order, not later than 7 days after the date on which the domestic violence protection order described in paragraph (1) expires or is removed— (i) perform a background check on the individual subject to the firearm surrender order to determine whether the individual is prohibited from possessing or receiving a firearm under Federal or State law; and (ii) return the firearm or ammunition to the individual subject to the firearm surrender order if the individual is not prohibited from possessing or receiving a firearm under Federal, State, or Tribal law; and (5) require the courts and relevant law enforcement agencies to partner with and provide support for local domestic violence programs in order to ensure the safety of victims of domestic violence after the issuance of a firearm surrender order. . (b) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261 ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as are necessary to carry out part PP. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2169is/xml/BILLS-117s2169is.xml
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117-s-2170
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II 117th CONGRESS 1st Session S. 2170 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to provide for transparency and landowner protections in the conduct of lease sales under that Act, and for other purposes.
1. Short title This Act may be cited as the Public Engagement Opportunity on Public Land Exploration Act of 2021 or the PEOPLE Act of 2021 . 2. Transparency and landowner protections (a) Requirements for inclusion of land identified in expressions of interest in lease sales Section 17(b) of the Mineral Leasing Act ( 30 U.S.C. 226(b) ) is amended by adding at the end the following: (4) Requirements for inclusion of land identified in expressions of interest in lease sales (A) In general A member of the public may submit to the Secretary an expression of interest that identifies land for consideration for inclusion by the Secretary in a lease sale under this section. (B) Inclusion of land in lease sale Subject to the requirements of this section, the Secretary may include in a lease sale under this section the land identified under an expression of interest received by the Secretary. (C) Notification On receipt of an expression of interest, the Secretary shall notify by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency— (i) any owners of surface rights on land identified under the expression of interest; (ii) any holders of recreational or special use permits on the land; (iii) any holders of grazing rights on the land; (iv) any owner of a water right the water of which originates on or flows over the land; (v) any owner of a water conveyance structure, such as a ditch, on the land; and (vi) the local government with jurisdiction over the area in which the land is located. (D) Transparency (i) In general The Secretary shall require that each bid for a lease described in subparagraph (B) include— (I) the name of the person or entity submitting the bid, including the name of all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; (II) if an agent is submitting the bid on behalf of a person or entity, the name of the person or entity on behalf of which the agent is acting, including all subsidiaries, affiliates, and entities controlled by, or under common control with, the person or entity; and (III) if the person or entity submitting the bid is the person or entity that submitted the applicable expression of interest, or if an agent is submitting the bid on behalf of the person or entity that submitted the applicable expression of interest, a disclosure of that fact. (ii) Publication The Secretary shall publish on the website of the relevant leasing or land management agency each name disclosed in a bid under clause (i). . (b) Notice requirements Section 17(f) of the Mineral Leasing Act ( 30 U.S.C. 226(f) ) is amended— (1) in the sixth sentence, by striking The requirements and inserting the following: (6) Applicability of other notice requirements The requirements ; (2) in the fifth sentence, by striking Such maps and inserting the following: (C) Location A map included in a notice under paragraph (1) ; (3) in the fourth sentence, by striking Where the inclusion of maps in such notice and inserting the following: (B) Availability If the inclusion of maps in a notice under paragraph (1) ; (4) in the third sentence, by striking Such notice and inserting the following: (2) Required inclusions (A) In general A notice required under paragraph (1) ; (5) by striking (f) At least and all that follows through land management agencies. and inserting the following: (f) Notice requirements (1) In general Not later than 90 days before offering land for lease under this section, and not later than 30 days before approving an application for permit to drill under the provisions of a lease issued under this section, modifying the terms of any lease issued under this section, or granting a waiver, exception, or modification of any stipulation of a lease issued under this section, the Secretary shall— (A) post notice in the appropriate local offices, and on the electronic websites, of the leasing and land management agencies offering the land for lease; (B) notify by certified mail and electronic mail any— (i) owners of surface rights on the land covered by the lease; (ii) holders of special recreation permits for commercial use, competitive events, or other organized activities on the land covered by the lease; (iii) holders of grazing rights on the land covered by the lease; (iv) owner of a water right the water of which originates on or flows over the land; (v) owner of a water conveyance structure, such as a ditch, on the land; and (vi) as applicable, members of the public who have submitted to the Secretary a request to receive notice regarding proposed actions of the Secretary applicable to— (I) a geographic area; or (II) a resource. ; and (6) by inserting after paragraph (2) (as so designated) the following: (3) Additional requirements (A) In general Before determining the parcels to be included in a lease sale under this section, the Secretary shall provide a scoping period of not less than 30 days during which the Secretary shall provide public notice and an opportunity for comment regarding all parcels that may be included in the lease sale. (B) Environmental analysis (i) Public notice and comment Before conducting a lease sale under this section, the Secretary, in complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), shall ensure that the public has the period of time required under that Act to comment on any environmental analysis carried out with respect to the lease sale. (ii) Requirement The period for public comment under clause (i) shall be not less than 30 days. (C) Requirement to conduct NEPA analysis (i) In general Before conducting a lease sale under this section, the Secretary shall conduct an analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) unless the Secretary determines that— (I) the proposed action is adequately covered by relevant existing analyses under that Act, such as an environmental impact statement or environmental assessment (including supporting data and records); (II) the proposed action is in conformance with the relevant land use plan; and (III) there are no new circumstances, new information, or unanticipated or unanalyzed environmental impacts that warrant new or supplemental analysis. (ii) Public notice and comment Before making a determination under clause (i) that an analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is not required with respect to a lease sale under this section, the Secretary shall provide a period of public comment for that determination of not less than 30 days. (D) NEPA analysis requirements (i) In general Any analysis prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a lease sale under this section shall address all parcels being considered for sale. (ii) Restriction No parcel may be included in a lease sale under this section— (I) without compliance with— (aa) the public notice and comment requirements of this subsection; and (bb) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (II) unless the parcel is specifically identified and considered in the analysis for that specific lease sale carried out in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (E) Surface management by another Federal agency With respect to a parcel the surface of which is managed by another Federal agency, the parcel may not be included in a lease sale under this section without the consent of that Federal agency for that specific lease sale. (F) Protests (i) In general Any party may file a protest regarding the inclusion of a parcel in a lease sale under this section. (ii) Deadline; method of filing A protest under clause (i)— (I) shall be filed by the date that is not later than 45 days after the date on which the Secretary gives notice of the lease sale under paragraph (1); and (II) may be filed by electronic mail. (4) Local governments Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall provide to local governments with jurisdiction over the area in which land covered by a proposed action is located notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection. (5) Indian tribes (A) Definitions In this paragraph: (i) Cultural site The term cultural site means— (I) a sacred site; (II) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the PEOPLE Act of 2021 )); and (III) a landform or landscape that— (aa) is the site of important customs, practices, objects, places, or ceremonies of Indian Tribes; (bb) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (cc) is connected through features or ceremonies to other sites or a larger sacred landscape; or (dd) contains important traditional food or material gathering areas. (ii) Former reservation The term former reservation means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. (iii) Indian Tribe The term Indian Tribe means an Indian tribe included on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (iv) Interested Indian Tribe The term interested Indian Tribe , with respect to land under consideration for inclusion by the Secretary in a lease sale under this section, means an Indian Tribe with— (I) historic, prehistoric, cultural, or religious connection to a cultural site located on the land; (II) a former reservation located on the land; or (III) treaty rights or other reserved rights that can be exercised on the land. (v) Sacred site The term sacred site means a specific, discrete, narrowly delineated site on land subject to leasing under this section that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial use of the site by, an Indian Tribe. (B) Notice and opportunity for comment; formal consultation Before taking any action for which notice or opportunity for comment is required under this subsection, the Secretary shall— (i) provide any interested Indian Tribe notice and an opportunity for comment that meets or exceeds the requirements for notice and opportunity for comment under this subsection; and (ii) at the request of any interested Indian Tribe, initiate formal consultation with the interested Indian Tribe regarding the proposed action. . (c) Surface estate owner protection Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by adding at the end the following: (q) Surface estate owner protection (1) Definition of covered land In this subsection, the term covered land means land subject to a lease under this section— (A) the title to the oil and gas resources of which is held by the United States; but (B) the title to the surface estate of which is not held by the United States. (2) Post-lease surface use agreement (A) In general Except as provided in paragraph (3), the Secretary shall not authorize any operator to conduct exploration and drilling operations on covered land until the operator files with the Secretary a document, signed by the operator and the 1 or more surface estate owners, demonstrating that the operator has secured a written surface use agreement between the operator and the 1 or more surface estate owners that meets the requirements of subparagraph (B). (B) Contents The surface use agreement under subparagraph (A) shall provide for— (i) the use by the operator of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions; (ii) the accommodation of the surface estate owner to the maximum extent practicable, including the location, use, timing, and type of exploration and drilling operations, consistent with the right of the operator to develop the oil and gas estate; (iii) placement, specifications, maintenance, and design of well pads, gathering pipelines, and roads to be constructed for oil and gas operations, to the extent known; (iv) terms of ingress and egress on the surface of the land for oil and gas operations; (v) construction, maintenance, and placement of all pits and equipment used or planned for oil and gas operations, to the extent known; (vi) use and impoundment of water on the surface of the land; (vii) removal and restoration of plant life; (viii) surface water drainage changes; (ix) actions to limit and effectively control precipitation runoff and erosion; (x) control and management of noise, weeds, dust, traffic, trespass, litter, and interference with the use of the surface estate owner; (xi) operator indemnification for injury to persons caused by the operator or a subcontractor or agent of the operator; (xii) the reclamation of the site to a condition capable of supporting the uses that the land was capable of supporting prior to exploration and drilling operations; and (xiii) compensation for damages resulting from exploration and drilling operations, including— (I) loss of income and increased costs incurred; (II) groundwater contamination and negative impacts to air quality; (III) damage to, or destruction of, personal property, including crops, forage, and livestock; and (IV) failure to reclaim the site in accordance with clause (xii). (C) Procedure (i) Notice of intent to enter into agreement An operator shall notify the 1 or more surface estate owners of the desire of the operator to conclude an agreement under this paragraph by certified mail or electronic mail. (ii) Arbitration (I) In general If the surface estate owner and the operator do not reach an agreement under clause (i) by the date that is 90 days after the date on which the operator provides notice under that clause, the operator may submit the matter to third-party arbitration. (II) Deadline for arbitration An arbitration under subclause (I) shall be concluded within a period of 90 days. (III) Cost The cost of an arbitration under subclause (I) shall be the responsibility of the operator. (IV) List of arbitrators The Secretary shall make publicly available a list of persons who are qualified to arbitrate disputes under this clause. (V) Qualifications of arbitrators In order to arbitrate a dispute under this clause, an arbitrator shall meet the minimum qualification criteria of the American Arbitration Association, including— (aa) a minimum of 10 years of senior-level business or professional experience or legal practice; (bb) an educational degree or professional licenses appropriate to the oil and gas industry; (cc) training or experience in arbitration or other forms of dispute resolution; and (dd) membership in relevant professional associations. (VI) Referral Referral of a matter for arbitration by an operator to an arbitrator identified by the Secretary pursuant to subclause (IV) shall be sufficient to constitute compliance with subclause (V). (3) Authorized exploration and drilling operations (A) Authorization without surface use agreement (i) In general The Secretary may authorize an operator to conduct exploration and drilling operations on covered land without first securing a surface use agreement in accordance with paragraph (2), if— (I) the Secretary makes a determination in writing that— (aa) the operator made a good faith attempt to conclude such an agreement, including by submitting the matter to arbitration in accordance with subclause (I) of paragraph (2)(C)(ii); but (bb) an agreement was not concluded by the deadline under subclause (I) or (II), as applicable, of that paragraph; (II) the operator submits a plan of operations that provides for— (aa) the matters described in paragraph (2)(B); and (bb) compliance with all other applicable requirements of Federal and State law; and (III) the operator posts a bond or other financial assurance in the form of a surety bond, trust fund, letter of credit, government security, certificate of deposit, cash, or equivalent in an amount the Secretary determines to be adequate to ensure compensation to the 1 or more surface estate owners for any damages to, or reclamation of, the site. (ii) Limitation Self-bonding shall not be an acceptable form of financial assurance under clause (i)(III). (B) Surface estate owner participation In addition to any participation opportunities provided to members of the public under this section, with respect to a lease issued under this section for covered land, the Secretary shall provide surface estate owners with— (i) before authorizing an operator to conduct exploration and drilling operations on the covered land, a period of not less than 30 days to comment on the plans of operations of the operator; (ii) an opportunity to participate in bond level determinations and bond release proceedings under subsection (g); (iii) an opportunity to attend any onsite inspection carried out for the purpose of a determination or proceeding under clause (ii); (iv) an opportunity to file written objections to a proposed bond release; and (v) an opportunity to request and participate in an onsite inspection if the surface estate owner has reason to believe there is a violation of the terms and conditions of the plan of operations of the operator. (C) Payment of financial guarantee (i) In general The owner of the surface estate of covered land subject to a lease issued under this section may petition the Secretary for payment of all or any portion of a bond or other financial assurance required under subsection (g) as compensation for any damages resulting from exploration and drilling operations pursuant to the lease. (ii) Form of compensation If the Secretary approves the petition under clause (i), the Secretary may use the bond or other financial assurance referred to in that clause to provide compensation to the surface estate owner for the damages described in the petition. (4) Surface estate owner notification In addition to any notice provided to members of the public under this section, with respect to a lease of covered land under this section, the Secretary shall notify the 1 or more surface estate owners by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency— (A) of the lease sale by not later than 90 days before conducting the lease sale; (B) of the identity and address of the lessee by not later than 10 business days after the lease is issued; (C) of any subsequent request or decision regarding the lease, including any request or decision to modify the lease, waive a stipulation, or approve a right of way, by not later than 5 business days after the Secretary receives the request or makes the decision; and (D) of any issuance of a permit to drill under the lease, by not later than 5 business days after issuance of the permit. (5) Bonds or financial assurances (A) In general With respect to a lease of covered land under this section, the Secretary shall notify the 1 or more surface estate owners by certified mail, electronic mail, and electronic posting on the website of the relevant leasing or land management agency by not later than 30 days before establishing or releasing a bond or other financial assurance under subsection (g). (B) Objections If a surface estate owner objects to the amount of the bond or other financial assurance to be required for a lease of covered land, the Secretary shall respond in writing to the objections of the surface estate owner, including a description of the rationale for the amount. (C) Release of bond of other financial assurance The Secretary may release the bond or other financial assurance required for a lease of covered land only if— (i) the Secretary determines that compensation for damages has been paid in accordance with, as applicable— (I) the terms of the surface use agreement under paragraph (2)(B)(xiii); or (II) the determination of the Secretary under paragraph (3)(A)(iii); (ii) the surface estate owner and the operator have executed, and submitted to the Secretary, a surface use and compensation agreement providing that the bond or other financial assurance should be released; (iii) the Secretary determines that— (I) there has been a final resolution of any action for damages; and (II) any damages awarded pursuant to that action have been paid; or (iv) the Secretary determines that— (I) all wells on the covered land have been plugged and abandoned; and (II) the operator has not conducted oil and gas operations on the covered land for a period of not less than 6 years. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2170is/xml/BILLS-117s2170is.xml
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117-s-2171
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II 117th CONGRESS 1st Session S. 2171 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit Presidential appointees from subsequently acting on behalf of the Government of the People’s Republic of China, the Chinese Communist Party, and Chinese military companies.
1. Post-employment limitations on Presidential appointees with respect to the Government of the People’s Republic of China, the Chinese Communist Party, and Chinese military companies Section 207 of title 18, United States Code, is amended by adding at the end the following: (m) Restrictions on Presidential appointees with respect to the Government of the People’s Republic of China, the Chinese Communist Party, and Chinese military companies (1) In general In addition to the other restrictions set forth in this section, any person who serves in a position pursuant to an appointment made by the President and who knowingly, at any time after the termination of his or her service in the position— (A) represents an entity described in paragraph (2) before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties; or (B) aids or advises an entity described in paragraph (2) with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his or her official duties, shall be punished as provided in section 216 of this title. (2) Entities An entity described in this paragraph is any of the following: (A) The Government of the People’s Republic of China. (B) The Chinese Communist Party. (C) Any entity identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note). (D) Any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (E) An entity based in the People's Republic of China that is included on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2171is/xml/BILLS-117s2171is.xml
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117-s-2172
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II 117th CONGRESS 1st Session S. 2172 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve grants, payments, and technical assistance provided by the Secretary of Veterans Affairs to serve homeless veterans, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Building Solutions for Veterans Experiencing Homelessness Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Adjustments of grants awarded by the Secretary of Veterans Affairs for comprehensive service programs to serve homeless veterans. Sec. 3. Increase in maximum rates of per diem payments provided by the Secretary of Veterans Affairs for services furnished to homeless veterans. Sec. 4. Technical assistance provided by Secretary of Veterans Affairs to certain grant recipients. Sec. 5. Report and action on shallow subsidy program under the Supportive Services for Veteran Families program. Sec. 6. Housing and health care navigators grant program. Sec. 7. Grant program for substance use and alcohol use disorder recovery for homeless veterans. Sec. 8. Increase and extension of authorization of appropriations for homeless veterans reintegration programs. Sec. 9. Pilot program on grants to improve public transportation services for veterans. Sec. 10. Pilot program on grants for care for elderly homeless veterans. Sec. 11. Report by Comptroller General of the United States on affordable housing for veterans. 2. Adjustments of grants awarded by the Secretary of Veterans Affairs for comprehensive service programs to serve homeless veterans (a) Elimination of matching requirement (1) In general Section 2011(c) of title 38, United States Codes, is amended— (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (2) Applicability The amendments made by paragraph (1) shall apply with respect to any grant awarded under section 2011 of title 38, United States Code, on or after the date of the enactment of this Act. (3) Sunset Section 4201(b)(2) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 134 Stat. 5009; 38 U.S.C. 2011 note) is amended— (A) by striking Subsection (c)(2) and inserting the following: (A) In general Subsection (c)(2) ; and (B) by adding at the end the following new subparagraph: (B) Sunset Subparagraph (A) shall cease to be effective on the date of the enactment of the Building Solutions for Veterans Experiencing Homelessness Act of 2021 . . (b) Elimination of property disposition requirements (1) In general A recipient of a grant awarded under section 2011 of title 38, United States Code, on or after the date of the enactment of this Act for a project described in subsection (b)(1) of such section shall not be subject to any property disposition requirements relating to the grant under subsection (c) or (f) of section 61.67 of title 38, Code of Federal Regulations, section 200.311(c) of title 2, Code of Federal Regulations, or successor regulations. (2) Sunset Section 4201(b)(6) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 134 Stat. 5010; 38 U.S.C. 2011 note) is amended— (A) by striking During and inserting the following: (A) In general During ; and (B) by adding at the end the following new subparagraph: (B) Sunset Subparagraph (A) shall cease to be effective on the date of the enactment of the Building Solutions for Veterans Experiencing Homelessness Act of 2021 . . 3. Increase in maximum rates of per diem payments provided by the Secretary of Veterans Affairs for services furnished to homeless veterans Section 2012(a)(2)(B) of title 38, United States Code, is amended— (1) in clause (i)(II)(aa)(BB), by striking 115 and inserting 200 ; and (2) in clause (ii), by striking 150 and inserting 200 . 4. Technical assistance provided by Secretary of Veterans Affairs to certain grant recipients (a) Supportive services for very low-Income families in permanent housing Section 2044(e) of title 38, United States Code, is amended by striking paragraph (2) and inserting the following new paragraph (2): (2) Not less than two percent of the amounts available under paragraph (1) in any fiscal year may be available to provide technical assistance under subsection (d). . (b) Comprehensive service programs Section 2011 of title 38, United States Code, is amended by adding at the end the following new subsection: (i) Training and technical assistance (1) The Secretary shall provide training and technical assistance to each recipient of a grant under this section regarding the planning, development, and provision of services for which the grant is made. (2) The Secretary may provide the training and technical assistance described in paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate. (3) Not less than two percent of amounts designated for the administration of grants under this section in any fiscal year shall be used to provide training and technical assistance under this subsection. . 5. Report and action on shallow subsidy program under the Supportive Services for Veteran Families program (a) Report required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on program for providing rental subsidies under section 62.34(a)(8) of title 38, Code of Federal Regulations (or any successor regulation) (in this section referred to as the program ). (2) Elements The report required by paragraph (1) shall include the following: (A) The number of veterans and families served under the program during the 1-year period preceding the date of the enactment of this Act, disaggregated, if such information is available, by— (i) race and ethnicity; (ii) gender; (iii) geographic location; and (iv) age. (B) A description of support provided to special populations under the program, including elderly veterans, women veterans, children of veterans, disabled veterans, veterans transitioning from certain institutions, and minority veterans. (C) A description of the decision-making process of the Department of Veterans Affairs regarding which locations would be eligible for coverage under the program. (D) An assessment of whether increasing the payment rate under the program is necessary. (E) An assessment of whether it is feasible and beneficial to expand the program nationally. (F) An assessment of the efficacy of the increased payments provided under the program based on increases in number of veterans served and number of veterans transitioned into permanent housing. (b) Increase in payment rate If the assessment described in subsection (a)(2)(D) finds that increasing the payment rate under the program is necessary, the Secretary shall issue such regulations as may be necessary to increase such rate. (c) Expansion of program If the assessment described in subsection (a)(2)(E) finds that it is feasible and beneficial to expand the program nationally, the Secretary shall so expand the program not later than two years after date on which the report required by subsection (a)(1) is submitted. 6. Housing and health care navigators grant program (a) In general Subchapter II of chapter 20 of title 38, United States Code, is amended— (1) by redesignating section 2014 as section 2015; and (2) by inserting after section 2013 the following new section 2014: 2014. Housing and health care navigators grant program (a) Program required The Secretary shall establish and carry out a program under which the Secretary shall provide services to assist veterans with navigating housing and health care resources in order to improve the retention of housing by and overall health of— (1) veterans who were previously homeless and are transitioning to permanent housing; and (2) veterans who are at risk of becoming homeless. (b) Grants (1) The Secretary shall carry out the program established under subsection (a) through the award of grants. (2) In awarding grants under paragraph (1), the Secretary shall give priority to organizations that demonstrate the capability to provide services described in subsection (a), particularly organizations that are successfully providing or have successfully provided transitional housing services using amounts provided by the Secretary under sections 2012 and 2061 of this title. (c) Staffing In areas where individuals who meet the licensure and certification requirements to provide services described in subsection (a) are in high demand as determined by the Secretary, a grantee under the program may provide such services through one or more individuals with a master's degree in social work who are undergoing training to meet such requirements, if such individuals are under the supervision of an individual who meets such requirements. (d) Services Services provided under this section shall include services to assist veterans with navigating resources provided by the Federal Government and State, local, and Tribal governments. (e) Report on services provided The Secretary shall require each recipient of a grant awarded under subsection (b)(1) to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant. . (b) Conforming amendment Section 20013(a) of the Coronavirus Aid, Relief, and Economic Security Act ( 38 U.S.C. 2011 note) is amended by striking 2014 and inserting 2015 . (c) Clerical amendment The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2014 and inserting the following new items: 2014. Housing and health care navigators grant program. 2015. Authorization of appropriations. . 7. Grant program for substance use and alcohol use disorder recovery for homeless veterans (a) Pilot program required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program under which the Secretary shall award grants to eligible entities for the provision or coordination of services for recovery from substance use disorder or alcohol use disorder for veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless. (b) Duration The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program. (c) Award of grants (1) In general In carrying out the pilot program, the Secretary shall award a grant to an eligible entity for each veteran with substance use disorder or alcohol use disorder participating in the pilot program for which the eligible entity is providing or coordinating the provision of recovery services for substance use disorder or alcohol use disorder, as the case may be, under the pilot program. (2) Intervals of payment and maximum amounts The Secretary may establish intervals of payment for the administration of grants under this section and a maximum amount to be awarded, in accordance with the services being provided and the duration of such services. (3) Preference In awarding grants under paragraph (1), the Secretary shall give preference to eligible entities providing or coordinating the provision of recovery services for substance use disorder or alcohol use disorder for veterans with substance-use dependency who face barriers in accessing substance-use recovery services from the Department of Veterans Affairs. (4) Equitable distribution The Secretary shall ensure that, to the extent practicable, grant amounts awarded under paragraph (1) are equitably distributed across geographic regions, including rural and Tribal communities. (5) Notification of source of amounts Each eligible entity awarded a grant under paragraph (1) shall notify each veteran receiving services paid for with amounts under such grant that such services are being paid for, in whole or in part, by the Department. (6) Report on services provided The Secretary shall require each eligible entity awarded a grant under paragraph (1) to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant. (d) Grant application (1) In general An eligible entity seeking the award of a grant under this section shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary considers necessary to carry out this section. (2) Contents of application Each application submitted by an eligible entity under paragraph (1) shall contain the following: (A) A description of the recovery services for substance use disorder or alcohol use disorder proposed to be provided by the eligible entity under the pilot program and the identified need for those services. (B) A description of the types of veterans with substance use disorder or alcohol use disorder proposed to be provided such recovery services. (C) An estimate of the number of veterans with substance use disorder or alcohol use disorder proposed to be provided such recovery services. (D) Evidence of the experience of the eligible entity in providing such recovery services to veterans with substance use disorder or alcohol use disorder. (E) A description of the managerial capacity of the eligible entity— (i) to assess continually the needs of veterans with substance use disorder or alcohol use disorder for such recovery services; (ii) to coordinate the provision of such recovery services with services provided by the Department; and (iii) to tailor such recovery services to the needs of veterans with substance use disorder or alcohol use disorder. (3) Criteria for selection (A) In general The Secretary shall establish criteria for the selection of eligible entities to be awarded grants under this section. (B) Elements Criteria established under subparagraph (A) with respect to an eligible entity shall include the following: (i) Relevant accreditation as may be required by each State in which the eligible entity operates. (ii) Experience coordinating care or providing treatment for veterans or members of the Armed Forces. (e) Technical assistance (1) In general The Secretary shall provide training and technical assistance to eligible entities awarded grants under this section regarding the planning, development, and provision of recovery services for substance use disorder or alcohol use disorder under this section. (2) Provision of training The Secretary may provide the training required under paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate for purposes of this section, including through grants awarded under section 2064 of title 38, United States Code. (f) Collection of information To the extent practicable, the Secretary may collect information from an eligible entity awarded a grant under this section relating to a substance use disorder or alcohol use disorder of a veteran participating in the pilot program for inclusion in the electronic health record of the Department for such veteran for the sole purpose of improving care provided to such veteran. (g) Study on effectiveness of pilot program (1) In general The Secretary shall conduct a study on the effectiveness of the pilot program in meeting the needs of veterans with substance use disorder or alcohol use disorder. (2) Comparison In conducting the study required by paragraph (1), the Secretary shall compare the results of the pilot program with other programs of the Department dedicated to the delivery to veterans of recovery services for substance use disorder or alcohol use disorder. (3) Criteria In making the comparison required by paragraph (2), the Secretary shall examine the following: (A) The satisfaction of veterans targeted by the programs described in paragraph (2). (B) The health status of such veterans. (C) The mental wellness of such veterans. (D) The degree to which such programs encourage such veterans to engage in productive activity. (E) The number of veterans using such programs, disaggregated by— (i) veterans who have received care from the Department during the two-year period preceding the conduct of the study; and (ii) veterans who have not received care from the Department during such period. (F) The number of veterans who are still homeless or at-risk of homelessness one year after completion of receipt of recovery services under such programs. (G) The number of veterans who still have a substance use disorder or alcohol use disorder within 180 days of discharge from receipt of services provided under this section. (4) Report Not later than one year after the commencement of the pilot program, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of the study required by paragraph (1). (h) Definitions In this section: (1) Eligible entity The term eligible entity means any of the following: (A) An incorporated private institution or foundation— (i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (ii) that has a governing board that is responsible for the operation of the recovery services for substance use disorder or alcohol use disorder provided under this section; and (iii) that is approved by the Secretary with respect to financial responsibility. (B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of subparagraph (A). (C) A corporation wholly owned and controlled by an organization meeting the requirements of subparagraph (A). (D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )). (2) Substance use disorder or alcohol use disorder The term substance use disorder or alcohol use disorder , with respect to a veteran, means the veteran has been diagnosed with, or is seeking treatment for, substance use disorder or alcohol use disorder, as determined by the Secretary. 8. Increase and extension of authorization of appropriations for homeless veterans reintegration programs Section 2021(e)(1)(F) of title 38, United States Code, is amended— (1) by striking $50,000,000 and inserting $75,000,000 ; and (2) by striking 2022 and inserting 2025 . 9. Pilot program on grants to improve public transportation services for veterans (a) Grant program required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to improve public transportation services for veterans. (b) Duration The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the pilot program commences. (c) Award of grants (1) In general In carrying out the pilot program, the Secretary shall award grants to eligible entities to expand, retain, or establish public transportation services that provide veterans access to locations of facilities or organizations that serve veterans, including— (A) facilities of the Department of Veterans Affairs; and (B) organizations that provide services to veterans using funds provided by the Department. (2) Eligible entities For purposes of this section, an eligible entity is any State, Tribal, county, or city government that— (A) is providing public transportation services as of the date on which the pilot program commences; or (B) has a proven ability and intention to establish public transportation infrastructure. (3) Intervals of payment and maximum grant amount The Secretary may establish intervals of payment for the administration of grants under this section and a maximum grant amount to be awarded, in accordance with the services being provided and the duration of such services. (4) Coordination and consultation In awarding grants under this section, the Secretary may coordinate and consult with the Secretary of Transportation. (5) Equitable distribution The Secretary of Veterans Affairs shall ensure that, to the extent practicable, grants awarded under this section are equitably distributed across geographic regions, including rural and Tribal communities. (d) Grant application (1) In general An eligible entity seeking the award of a grant under this section shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary considers necessary to carry out this section. (2) Contents of application Each application submitted by an eligible entity under paragraph (1) shall contain the following: (A) A description of the public transportation services that the entity intends to provide under the grant. (B) A list of all sites accessed by the public transportation services to be provided. (C) The schedule of such services. (D) A list of the locations of facilities and organizations that serve veterans that will be accessed by such services. (E) An estimate of the number of veterans that would use such services. (F) Evidence of the ability of the entity to provide such services. (e) Notification to veterans Each eligible entity awarded a grant under this section shall notify veterans of the expansion or establishment of public transportation services to locations of facilities or organizations that serve veterans and that those services are available in whole or in part due to funds provided by the Department. (f) Report on services provided The Secretary shall require each eligible entity awarded a grant under this section to submit to the Secretary a report that describes the expansion, retention, or establishment of public transportation services provided with amounts under such grant. (g) Report (1) In general Not later than one year after the date on which the first grant is awarded under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the services provided under the pilot program. (2) Elements The report required by paragraph (1) shall include the following: (A) The geographic location of each recipient of a grant under this section. (B) The estimated number of veterans served by each such grant recipient. (C) An assessment of whether use of facilities of the Department has increased due to access to public transportation provided under grants awarded under this section, if information for such an assessment is available. 10. Pilot program on grants for care for elderly homeless veterans (a) Pilot program required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to meet the health care needs of elderly veterans who were previously homeless and are transitioning to permanent housing. (b) Award of grants (1) In general In carrying out the pilot program, the Secretary shall award grants to eligible entities for the purpose described in subsection (a). (2) Eligible entities For purposes of this section, an eligible entity is any organization that is successfully providing transitional housing services using amounts provided by the Secretary under sections 2012 and 2061 of title 38, United States Code, as of the date on which the entity applies for a grant under this section. (3) Intervals of payment and maximum grant amount The Secretary may establish intervals of payment for the administration of grants under this section and a maximum grant amount to be awarded, in accordance with the services being provided by staff hired using grant amounts and the duration of such services. (4) Equitable distribution The Secretary shall ensure that, to the extent practicable, grant amounts awarded under paragraph (1) are equitably distributed across geographic regions, including rural and Tribal communities. (c) Use of grant amounts The recipient of a grant under the pilot program— (1) shall use grant amounts for the hiring of nursing staff to care for elderly veterans requiring assistance with activities of daily living who were previously homeless and are transitioning to permanent housing; and (2) may use such amounts for supplies and infrastructure needs associated with the duties of such staff. (d) Report on services provided The Secretary shall require each eligible entity awarded a grant under this section to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant. (e) Duration The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the pilot program commences. (f) Report to Congress (1) In general Not later than 180 days after the date on which the pilot program commences, and annually thereafter until the program terminates, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the effectiveness of the program. (2) Elements The report required by paragraph (1) shall include the number of veterans served by the pilot program under the care of a staff member the funding for whom is provided by a grant under the program, disaggregated by— (A) geographic location; (B) gender; (C) age; (D) race and ethnicity; (E) whether or not a veteran received care from the Department during the two-year period preceding the date on which the veteran began participating in the program; (F) the number of veterans who transitioned into permanent housing as a result of participation in the program; and (G) with respect to veterans who did not transition into permanent housing as a result of participation in the program, the main reasons for not so transitioning. 11. Report by Comptroller General of the United States on affordable housing for veterans (a) Report required Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the availability of affordable housing for veterans who have or are participating in any program administered by the Homeless Programs Office of the Department of Veterans Affairs. (b) Contents The report required by subsection (a) shall include, with respect to the one-year period preceding the date of the enactment of this Act, the following: (1) The number of veterans using housing vouchers under the program carried out under section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) (commonly referred to as “HUD–VASH”). (2) The number of veterans who were allocated a housing voucher described in paragraph (1) but who have been unable to attain permanent housing. (3) The number of available housing vouchers described in paragraph (1) that are unused. (4) The number of veterans who were discharged from transitional housing provided using amounts provided under sections 2061 and 2012 of title 38, United States Code, and did not transition to permanent housing due to a shortage of— (A) case managers under the program described in paragraph (1); (B) housing vouchers described in such paragraph; or (C) housing that meets the requirements and limitations with respect to such vouchers. (c) Disaggregation The contents of the report described in subsection (b) shall be disaggregated by housing serving individuals and families with a household income that does not exceed— (1) the area median income; (2) 80 percent of the area median income; (3) 50 percent of the area median income; and (4) 30 percent of the area median income.
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https://www.govinfo.gov/content/pkg/BILLS-117s2172is/xml/BILLS-117s2172is.xml
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117-s-2173
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II 117th CONGRESS 1st Session S. 2173 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Scott of South Carolina (for himself, Mr. Warner , Mr. Cotton , Ms. Sinema , Mrs. Capito , Mr. Cramer , Mrs. Hyde-Smith , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To permit Centers for Disease Control and Prevention-recognized virtual diabetes prevention program suppliers to be included in the Medicare Diabetes Prevention Program Expanded Model conducted by the Center for Medicare and Medicaid Innovation under section 1115A of the Social Security Act ( 42 U.S.C. 1315a ).
1. Short title This Act may be cited as the Promoting Responsible and Effective Virtual Experiences through Novel Technology to Deliver Improved Access and Better Engagement with Tested and Evidence-based Strategies Act or the PREVENT DIABETES Act . 2. Inclusion of virtual diabetes prevention program suppliers in MDPP Expanded Model (a) In general Not later than January 1, 2022, the Secretary shall revise the regulations under part 410 and section 424.200–.518 of title 42, Code of Federal Regulations (or any successor regulations), to permit any diabetes prevention lifestyle change program, including any online or virtual diabetes prevention program, that has met the standards for full recognition by the CDC— (1) to apply to be a MDPP supplier; and (2) upon a successful application, to participate in the MDPP Expanded Model described in the final rule published in the Federal Register on November 15, 2017, entitled Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2018; Medicare Shared Savings Program Requirements; and Medicare Diabetes Prevention Program , in accordance with this section. (b) Virtual diabetes prevention program suppliers A virtual diabetes prevention program supplier participating in the MDPP Expanded Model shall be subject to the same standards as in-person MDPP suppliers participating in such program, except— (1) the administrative location of a virtual diabetes prevention program supplier shall be the address of the supplier on file under the Diabetes Prevention Recognition Program of the CDC; (2) a virtual diabetes prevention program supplier shall not be required to report a change in its administrative location except when such supplier’s address on file under the Diabetes Prevention Recognition Program has changed; and (3) a virtual diabetes prevention program supplier shall not be prohibited from submitting or receiving payment for a claim for virtual diabetes prevention program services because the beneficiary was not present in the same State or country as such supplier or service. (c) Diabetes prevention program supplier screening level The supplier enrollment screening level applicable to a virtual diabetes prevention program supplier shall be at a high categorical risk in accordance with section 424.518(c)(2) of title 42, Code of Federal Regulations (or any successor regulations). (d) Clarification Notwithstanding any provision of this law, the MDPP Expanded Model, upon the inclusion of virtual diabetes prevention program suppliers, shall continue to be an expanded model under section 1115A of the Social Security Act ( 42 U.S.C. 1315a ), unless the Secretary determines, based on performance data from the MDPP Expanded Model, that continued testing would be inconsistent with the requirements set forth in subsection (c) of such section 1115A. (e) Other testing Nothing in this section shall limit the Secretary from developing and testing additional models that utilize virtual technology or deliver health care services through virtual means. (f) Definitions In this section: (1) CDC The term CDC means the Centers for Disease Control and Prevention. (2) MDPP The term MDPP means the Medicare Diabetes Prevention Program. (3) Secretary The term Secretary means the Secretary of Health and Human Services. (4) Virtual diabetes prevention program supplier The term virtual diabetes prevention program supplier means a supplier, that meets the standards for full recognition by the CDC, of diabetes prevention program services that are delivered via a synchronous or asynchronous technology or telecommunications.
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https://www.govinfo.gov/content/pkg/BILLS-117s2173is/xml/BILLS-117s2173is.xml
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117-s-2174
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II 117th CONGRESS 1st Session S. 2174 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. King 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 improve the annual wellness visit under the Medicare program.
1. Short title This Act may be cited as the Wellness and Education for Longer Lives for Seniors Act of 2021 or the WELL Seniors Act of 2021 . 2. Improvements to the Medicare annual wellness visit (a) Additional elements (1) In general Section 1861(hhh)(2) of the Social Security Act ( 42 U.S.C. 1395x(hhh)(2) ) is amended— (A) in subparagraph (F), by striking and nutrition and inserting nutrition, mobility, food security, housing security, transportation access, social support, and other social determinants of health as determined by the Secretary ; (B) by moving subparagraphs (G) and (H) two ems to the left; (C) by redesignating subparagraph (I) as subparagraph (J); and (D) by inserting after subparagraph (H) the following new subparagraph: (I) Screening for balance to identify risk for falls and referral for treatment as appropriate. . (2) Effective date The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2022. (b) Incentive payments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by adding at the end the following new subsection: (ee) Incentive payments for annual wellness visits that include certain elements (1) In general In the case of personalized prevention plan services (as defined in paragraph (1) of section 1861(hhh)) that are furnished on or after January 1, 2022, and that include the element described in subparagraph (F) of paragraph (2) of such section 1861(hhh) and at least two additional elements described in subparagraphs (A) through (E) and (G) through (J) of such paragraph (2), in addition to the amount of payment that would otherwise be made for such personalized prevention plan services under this part, there also shall be paid an amount equal to 10 percent of the payment amount for the service under this part. (2) Coordination with other payments The amount of the additional payment for a service under this subsection and subsection (m) shall be determined without regard to any additional payment for the service under subsection (m) and this subsection, respectively. The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. . (c) Education and outreach The Secretary of Health and Human Services shall conduct education and outreach activities regarding the coverage of annual wellness visits under the Medicare program, including changes to such visits under the amendments made by subsections (a) and (b).
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https://www.govinfo.gov/content/pkg/BILLS-117s2174is/xml/BILLS-117s2174is.xml
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117-s-2175
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II 117th CONGRESS 1st Session S. 2175 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. King 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 coverage of preventive home visits under Medicare, and for other purposes.
1. Short title This Act may be cited as the Preventive Home Visit Act . 2. Medicare coverage of preventive home visits (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 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) a preventive home visit as defined in subsection (lll). ; and (2) by adding at the end the following new subsection: (lll) Preventive home visit The term preventive home visit means a visit to the home of an individual by a qualified professional (as defined by the Secretary), not more frequently than once every two years, during which the qualified professional provides an assessment of the home environment of the individual, identifies health risks, and provides a referral, as appropriate, for interventions or home modifications to improve physical activity, fall prevention, and nutrition with respect to the individual. . (b) Payment (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (DD) and inserting (DD) ; and (B) by inserting before the semicolon at the end the following: and (EE) with respect to a home visit as defined in section 1861(lll), the amount paid shall be equal to 100 percent of the lesser of the actual charge for the service or the amount determined under section 1834(z) . (2) Payment determination Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subparagraph: (z) Preventive home visits The Secretary shall establish a bundled payment amount for a preventive home visit, including any referrals made in connection with the visit. . (c) Frequency limitation Section 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ) is amended— (1) in subsection (O), by striking and at the end; (2) in subsection (P), by striking the semicolon and inserting , and ; and (3) by adding at the end the following new subparagraph: (Q) in the case of a preventive home visit as defined in section 1861(lll), which is provided more frequently than is covered under such section. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2175is/xml/BILLS-117s2175is.xml
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117-s-2176
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II 117th CONGRESS 1st Session S. 2176 IN THE SENATE OF THE UNITED STATES June 22, 2021 Ms. Ernst (for herself and Mr. King ) 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 that floor plan financing includes the financing of certain trailers and campers.
1. Short title This Act may be cited as the Travel Trailer and Camper Tax Parity Act . 2. Floor plan financing applicable to certain trailers and campers (a) In general Section 163(j)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: Such term shall also include any trailer or camper which is designed to provide temporary living quarters for recreational, camping, or seasonal use and is designed to be towed by, or affixed to, a motor vehicle. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2020.
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https://www.govinfo.gov/content/pkg/BILLS-117s2176is/xml/BILLS-117s2176is.xml
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117-s-2177
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II 117th CONGRESS 1st Session S. 2177 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to ensure sufficient bonding and complete and timely reclamation of land and water disturbed by Federal and Indian oil and gas production, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Oil and Gas Bonding Reform and Orphaned Well Remediation Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Orphaned well remediation Sec. 101. Orphaned well remediation program. TITLE II—Federal onshore oil and gas reclamation bonding program Sec. 201. Declaration of policy. Sec. 202. Regulation of surface-disturbing activities. TITLE III—Miscellaneous Sec. 301. Cost recovery. Sec. 302. Regulations. 2. Findings Congress finds that— (1) according to the Interstate Oil and Gas Compact Commission, there are in existence not fewer than 56,600 orphaned well sites, and as many as 746,000 undocumented orphaned well sites, across the United States on Federal, State, Tribal, and private land; (2) as of April 2021, there are at least 14,400 orphaned wells on Federal land, according to the Department of the Interior; (3) (A) orphaned well sites— (i) pose significant public health, safety, and environmental risks; and (ii) should be remediated; but (B) there are no identified responsible parties to provide for the remediation of those sites; (4) it is reasonable for the Federal Government— (A) to provide financial resources to States and Indian Tribes to rectify the long-term public health, safety, and environmental risks described in paragraph (3)(A)(i); (B) to support the creation of jobs relating to the remediation and reclamation of orphaned well sites; and (C) to update policies to ensure that wells are not orphaned in the future; (5) under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Secretary of the Interior (referred to in this Act as the Secretary ) is required— (A) to ensure the complete and timely reclamation of all Federal onshore oil and gas leases; and (B) to secure financial assurances in the form of bonds, sureties, or other approved financial arrangements for remediation, reclamation, and well closure; (6) with respect to the Federal onshore oil and gas leasing program, the Secretary— (A) is required— (i) regularly to review existing onshore oil and gas financial assurances; and (ii) to increase the amount of those assurances, as necessary; but (B) in practice, often fails to carry out the activities described in subparagraph (A); (7) the Secretary— (A) implements well and financial assurance adequacy review policies inconsistently across field offices of the Department of the Interior; (B) has failed to track systematically data relating to potential liabilities and the adequacy of financial assurances; and (C) does not maintain information relating to actual reclamation costs incurred for inactive, orphaned, or inadequately reclaimed wells and leases; (8) due to the shortcomings in the required minimum financial assurance amounts and the ineffectiveness of the Secretary in tracking and reviewing those financial assurances, the cost of reclaiming existing Federal onshore oil and gas wells and leases far exceeds the amounts posted as financial assurance; and (9) the inadequacy of the Secretary in the administration of financial assurances for Federal onshore oil and gas activities— (A) poses a threat to land, water, and other resources; and (B) is a major financial liability to the taxpayers of the United States, who are often responsible for the costs of reclaiming onshore oil and gas wells and leases that are inactive, orphaned, or inadequately reclaimed by lessees. I Orphaned well remediation 101. Orphaned well remediation program (a) In general Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by adding at the end the following: (q) Orphaned well remediation program (1) Definitions In this subsection: (A) Abandon The term abandon , with respect to a well under an oil or gas lease issued under this Act, means— (i) to plug the well; (ii) to remove all installations associated with the well; and (iii) to terminate operations for production from the well. (B) Inactive The term inactive , with respect to a well or facility under an oil or gas lease issued under this Act, means that the well or facility does not— (i) produce oil or gas, as applicable, in paying quantities; or (ii) actively aid in the production of oil or gas, as applicable, in paying quantities. (C) Operator The term operator , with respect to an oil or gas operation, means any individual or entity (including a lessee or operating rights owner) that has provided to a relevant authority a written statement that the individual or entity is responsible for the operation (or any portion of the operation). (D) Orphaned The term orphaned , with respect to a well or well site under an oil or gas lease issued under this Act, means that the responsible party of the well or well site— (i) cannot be located; or (ii) cannot provide adequate financial assurance to permanently plug and reclaim the well or well site. (E) Responsible party (i) In general The term responsible party , with respect to a well or well site under an oil or gas lease issued under this Act, means an individual or entity (including a lessee or operator) that is or will be responsible for— (I) the remediation, reclamation, and permanent plugging of the well or well site; or (II) the payment of financial assurance for the well or well site in accordance with subsection (g)(4). (ii) Inclusions The term responsible party includes— (I) an association, corporation, subsidiary, or affiliate of an individual or entity described in clause (i); and (II) any person controlled by, or under common control with, an individual or entity described in clause (i). (F) Secretary The term Secretary means the Secretary of the Interior. (2) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish, in accordance with this subsection— (A) in cooperation with the Secretary of Agriculture, a program to remediate, reclaim, and permanently plug orphaned oil and gas wells and well sites located on land administered by the land management agencies of the Department of the Interior and the Department of Agriculture, respectively; and (B) a program under which the Secretary shall distribute 75 percent of the amounts made available under paragraph (9) to States and Indian tribes that have submitted to the Secretary an application to remediate, reclaim, and close orphaned oil and gas wells and well sites on land under the jurisdiction of the States and Indian tribes. (3) Activities The programs established under paragraph (2) shall— (A) use existing and updated inventories of orphaned well sites to establish priority for the distribution of funds under the programs for activities, including— (i) remediating, reclaiming, and permanently plugging orphaned wells and well sites; (ii) remediating and reclaiming related well pads; (iii) reclaiming related access roads; and (iv) restoring land, water, and habitat impacted by orphaned wells and the prior operation of the wells; (B) provide a public accounting of the costs of remediation, reclamation, and permanent plugging for each applicable orphaned oil or gas well and well site; (C) seek to determine the identity, if unknown, of any potential responsible party associated with the orphaned well or well site, or a surety or guarantor of such a responsible party, to the extent such information can be ascertained; and (D) seek to obtain from responsible parties reimbursement for applicable expenditures, to the maximum extent practicable. (4) Cooperation and consultation In carrying out the programs established under paragraph (2), the Secretary shall— (A) work cooperatively with— (i) the Secretary of Agriculture; and (ii) each State, local government, and Indian tribe within the jurisdiction of which an orphaned well site on Federal land is located; and (B) consult with— (i) affected States, local governments, and Indian tribes; (ii) the Secretary of Energy; and (iii) the Interstate Oil and Gas Compact Commission. (5) Report to Congress Not later than 1 year after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Secretary, in cooperation with the Secretary of Agriculture and in consultation with affected States and Indian tribes, shall submit to Congress a report describing the expenditures under, and the progress and achievements of, the programs established under paragraph (2). (6) Use of funds (A) Initial period For the first 2 fiscal years beginning after the date of enactment of this subsection, the funds made available to remediate, reclaim, and permanently plug orphaned wells and well sites under the program established under paragraph (2)(B) shall be allocated based on a demonstration of— (i) identified orphaned wells and well sites in need of remediation, reclamation, or permanent plugging, with a priority for sites posing the greatest adverse impacts to— (I) public health and safety; and (II) land, water, and other resources; and (ii) adequate programmatic and administrative capacity to expend the funds in a timely and effective manner. (B) Subsequent fiscal years For the third fiscal year beginning after the date of enactment of this subsection, and each fiscal year thereafter, the Secretary shall make funds available under the program established under paragraph (2)(B) based on— (i) the factors described in subparagraph (A); and (ii) a determination by the Secretary that an affected State or Indian tribe is— (I) using bonds or other financial assurances that will fully cover costs associated with remediating and reclaiming orphaned oil and gas wells under the jurisdiction of the State or Indian tribe; or (II) adopting and using— (aa) bonds described in subclause (I); or (bb) other financial assurances. (C) Unused funds In any case in which the Secretary determines that, for any fiscal year, a State or Indian tribe cannot effectively use any portion of the funds that otherwise would be made available to the State or Indian tribe under subparagraph (A) or (B), the Secretary shall use those funds— (i) to remediate, reclaim, and close orphaned wells and well sites on land administered by the Secretary or the Secretary of Agriculture; (ii) to review and update any inventory of orphaned or inactive wells, including wells previously identified as idle or abandoned, on land described in clause (i); (iii) to carry out subsection (g)(6)(E); (iv) to carry out paragraph (8); or (v) (I) to determine the identity of any potential responsible party associated with an inactive well or well site, or a surety or guarantor of such a responsible party, to the extent such information can be ascertained; and (II) to obtain from such a responsible party reimbursement for applicable expenditures, to the maximum extent practicable. (7) Limitation on re-leasing Before conducting any oil and gas leasing of Federal land that contains a well or well site that was remediated, reclaimed, or permanently plugged pursuant to this Act, the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall— (A) determine that— (i) re-leasing and development of the land will not degrade the restored conditions accomplished pursuant to the remediation, reclamation, or closure; and (ii) the land achieves compliance with all applicable standards adopted pursuant to subsection (g)(5) prior to being re-leased; and (B) on making a positive determination pursuant to clauses (i) and (ii) of subparagraph (A), require the operator to provide to the applicable Secretary a bond or other financial assurance that will fully cover the costs associated with the plugging and reclamation. (8) Data collection (A) In general Not later than 2 years after the date of enactment of this subsection, the Secretary and the Secretary of Agriculture shall jointly develop, and make publicly available, a computer database to provide centralized data relating to operations, reclamation activities, and financial assurances for each oil and gas lease in effect under this Act. (B) Inclusions The database under subparagraph (A) shall include, with respect to each lease described in that subparagraph, information relating to— (i) the number, location, and status of each well subject to the lease; (ii) the number, location, and status of each inactive and orphaned well subject to the lease, and the length of time that each such well has not been producing; (iii) the names of all responsible parties for each well, including lessees and operators; (iv) whether the lease is part of a unit; (v) the amount of the financial assurance that has been established for the lease; (vi) the history of financial assurance amounts for the lease, including dates of review and requested increases; (vii) inspection, violations, and enforcement actions taken with respect to the lease, including resolution of each violation, if any; (viii) whether the period of liability of the financial assurance on the lease has been terminated; (ix) payment status for royalties, rents, and fees; and (x) any additional information required to be collected pursuant to subsection (g)(6). (C) Notification The Secretary shall— (i) ensure that the database under subparagraph (A) is made available to each field office of the Bureau of Land Management and the Forest Service, as applicable; and (ii) provide automatic and timely notification, on a lease-by-lease basis, of applicable requirements and deadlines to review financial assurances and inactive well status, in accordance with subsection (g). (D) Provision of data at expense of lessee (i) In general Except as provided in clause (ii), the Secretary may require that data for the database under subparagraph (A) shall be provided and entered into the database— (I) by the applicable lessee; and (II) at the expense of the lessee. (ii) Inspection and enforcement actions Any relevant data relating to a Federal inspection or enforcement action shall be provided and entered into the database under subparagraph (A) by the applicable Federal enforcement official. (iii) Data quality The Secretary shall carry out such activities as the Secretary determines to be necessary to ensure the quality of the data included in the database under subparagraph (A). (9) Funding (A) In general Notwithstanding any other provision of law, from the Federal share of royalty revenues deposited into the Treasury pursuant to section 35, the Secretary of the Treasury shall transfer to the Secretary to carry out the programs established under paragraph (2), to remain available until expended— (i) on October 1, 2021, $1,500,000,000; (ii) on October 1, 2022, $1,500,000,000; and (iii) on October 1, 2023, and on each October 1 thereafter through October 1, 2030, $625,000,000. (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation. . (b) Conforming amendments (1) Section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ) is amended by striking the section designation and heading and all that follows through Out of any in subsection (i) and inserting the following: 349. Wells drilled into federally managed mineral estate Out of any . (2) The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 596) is amended by striking the item relating to section 349 and inserting the following: Sec. 349. Wells drilled into federally managed mineral estate. . II Federal onshore oil and gas reclamation bonding program 201. Declaration of policy Congress declares that it is the policy of the United States that— (1) pursuant to this title and the amendments made by this title, the Secretary, and the Secretary of Agriculture with respect to National Forest System land, should— (A) require the posting by holders of oil or gas leases under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ) of financial assurances that are sufficient to pay for the actual costs of remediating, reclaiming, and permanently plugging onshore oil and gas wells, well sites, and lease tracts; and (B) implement a system of tracking and reviewing the financial assurances described in subparagraph (A) that ensures ongoing adequacy and public transparency; (2) in ensuring robust onshore oil and gas financial assurances under paragraph (1), the Secretary and the Secretary of Agriculture will— (A) better protect the land, water, and other resources of the United States; and (B) reduce the financial risks to taxpayers of paying for inadequately reclaimed onshore oil and gas wells and leases; and (3) in administering this title and the amendments made by this title, the Secretary, and the Secretary of Agriculture with respect to National Forest System land, should ensure that the actions of the applicable Secretary— (A) are in accordance with the goals of multiple-use management; and (B) will benefit the fiscal interests of the United States. 202. Regulation of surface-disturbing activities Section 17(g) of the Mineral Leasing Act ( 30 U.S.C. 226(g) ) is amended— (1) in the sixth sentence— (A) by striking such entity and inserting the responsible party, or to the operator or other entity on behalf of which the responsible party acted ; and (B) by striking Once the entity has complied with the and inserting the following: (C) Issuance of lease after compliance On compliance by a responsible party under this paragraph with each ; (2) in the fifth sentence, by striking Prior to making such determination with respect to any such entity the concerned Secretary shall provide such entity with and inserting the following: (B) Requirement for notice and opportunity to comply Before making a determination under subparagraph (A) with respect to any operator or other entity or responsible party, the Secretary shall provide to the operator, entity, or responsible party ; (3) by striking the fourth sentence and inserting the following: (7) Failure or refusal to comply (A) In general The Secretary shall not issue, or approve the assignment of, any lease under this section to any operator, other entity, or responsible party during any period in which, as determined by the Secretary, the operator, entity, or responsible party has failed or refused to comply in any material respect with a reclamation requirement or other standard established under this section that is applicable to any other lease of the operator, entity, or responsible party. ; and (4) by striking the subsection designation and all that follows through operations on the lease. and inserting the following: (g) Regulation of surface-Disturbing activities (1) Definitions In this subsection: (A) Abandon The term abandon , with respect to a well under an oil or gas lease issued under this Act, means— (i) to plug the well; (ii) to remove all installations associated with the well; and (iii) to terminate operations for production from the well. (B) Inactive The term inactive , with respect to a well or facility under an oil or gas lease issued under this Act, means that the well or facility does not— (i) produce oil or gas, as applicable, in paying quantities; or (ii) actively aid in the production of oil or gas, as applicable, in paying quantities. (C) Operator The term operator , with respect to an oil or gas operation, means any individual or entity (including a lessee or operating rights owner) that has provided to a relevant authority a written statement that the individual or entity is responsible for the operation (or any portion of the operation). (D) Orphaned The term orphaned , with respect to a well or well site under an oil or gas lease issued under this Act, means that the responsible party of the well or well site— (i) cannot be located; or (ii) cannot provide adequate financial assurance to permanently plug and reclaim the well or well site. (E) Responsible party (i) In general The term responsible party , with respect to a well or well site under an oil or gas lease issued under this Act, means an individual or entity (including a lessee or operator) that is or will be responsible for— (I) the remediation, reclamation, and permanent plugging of the well or well site; or (II) the payment of financial assurance for the well or well site in accordance with paragraph (4). (ii) Inclusions The term responsible party includes— (I) an association, corporation, subsidiary, or affiliate of an individual or entity described in clause (i); and (II) any person controlled by, or under common control with, an individual or entity described in clause (i). (F) Secretary The term Secretary means the Secretary of the Interior. (2) Regulation of use and activities The Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall— (A) regulate all use and activities conducted pursuant to any lease for oil or gas issued under this Act; and (B) determine the remediation, reclamation, permanent plugging, and other activities that the responsible party shall be required to carry out in the interest of conservation of land, water, and surface resources, including resources with recreation, range, timber, mineral, watershed, fish or wildlife, natural scenic, scientific, or historical value. (3) Reclamation and operations plan required (A) In general Each application for a permit to drill submitted for a lease issued under this Act shall include a plan of operations for surface use, disturbance, and reclamation that covers all proposed activities and operations within the lease area. (B) Inclusions Each plan of operations under subparagraph (A) shall— (i) specify— (I) the location of all relevant facilities, roads, drill pads, trenches, and pipeline or utility corridors; (II) details regarding drill pad construction, methods for containment, and disposal of waste material; (III) the identification, location, and condition of any inactive or orphaned well sites on land covered by the lease; and (IV) such other information as the Secretary, or the Secretary of Agriculture with respect to National Forest System land, may require; and (ii) include the interim reclamation plan and final reclamation plan developed under subparagraph (C). (C) Interim and final reclamation plans (i) Interim reclamation plan (I) In general Each applicant for a permit to drill under subparagraph (A) shall develop for submission with the plan of operations of the applicant under that subparagraph an interim reclamation plan that specifies the reclamation activities that the applicant will carry out to address the land, water, and resources (including resources with recreation, range, timber, mineral, watershed, fish or wildlife, natural scenic, scientific, or historical value) impacted by activities carried out pursuant to the permit to drill that are not needed for active operations. (II) Requirement The Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall— (aa) review each interim reclamation plan submitted under subclause (I) at regular intervals; and (bb) as the applicable Secretary determines to be necessary, require the amendment and reapproval by the applicable Secretary of the interim reclamation plan. (ii) Final reclamation plan (I) In general Each applicant for a permit to drill under subparagraph (A) shall develop for submission with the plan of operations of the applicant under that subparagraph a final reclamation plan that includes a detailed description of the reclamation activities the applicant will carry out prior to final abandonment or cessation of oil and gas operations with respect to all land, water, and resources (including resources with recreation, range, timber, mineral, watershed, fish or wildlife, natural scenic, scientific, or historical value) impacted by activities carried out pursuant to the permit to drill. (II) Review and approval The Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall review and approve a final reclamation plan under subclause (I) only after determining that the final reclamation plan is consistent with the standards promulgated pursuant to paragraph (5). (D) Analysis and approval required The Secretary shall not grant a permit to drill under this Act unless the Secretary has— (i) analyzed and approved the plan of operations submitted with the application for the permit under subparagraph (A), including the interim reclamation plan and the final reclamation plan under subparagraph (C); and (ii) made the interim and final reclamation plans under subparagraph (C) publicly available before that approval. (4) Financial assurances (A) Requirement (i) In general The Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall promulgate regulations to require that a financial assurance shall be provided by the lessee prior to the commencement of activities on any lease issued under this Act to ensure the complete and timely remediation and reclamation of any land, water, or other resources (including resources with recreation, range, timber, mineral, watershed, fish or wildlife, natural scenic, scientific, or historical value) adversely affected by lease activities and operations after the abandonment or cessation of oil and gas operations on the lease. (ii) Elimination of nationwide financial assurances (I) In general A lessee may not provide a financial assurance under clause (i) on a nationwide basis for all leases of the lessee in the United States. (II) Requirement With respect to any nationwide financial assurance in effect on the date of enactment of the Oil and Gas Bonding Reform and Orphaned Well Remediation Act , the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall require that, not later than 1 year after that date of enactment, the lessee shall post financial assurances in accordance with this paragraph. (iii) Addition of new operators Notwithstanding any other provision of law (including regulations), in any case in which a lease issued under this Act is assigned or transferred to a new operator, the previous operator of the lease shall include the new operator on the existing financial assurance provided under this subparagraph until the date on which the new operator has provided a financial assurance on behalf of that new operator in accordance with this paragraph. (B) Form (i) In general The financial assurance under subparagraph (A) shall be provided in the form of a surety, bond, 1 or more letters of credit, 1 or more certificates of deposit, or cashier’s or certified check, subject to the approval of the Secretary, or the Secretary of Agriculture with respect to National Forest System land. (ii) Limitation Self-bonding shall not be an acceptable form of financial assurance under subparagraph (A). (C) Amount (i) In general Subject to clause (ii), the amount of a financial assurance required under this paragraph shall be the amount determined by the Secretary, or the Secretary of Agriculture with respect to National Forest System land, to be sufficient to ensure the complete and timely remediation and reclamation required under subparagraph (A)(i) if the work were to be performed by the applicable Secretary in the event of forfeiture by the lessee. (ii) Minimum amounts (I) In general Subject to subclause (II), the minimum amount of a financial assurance required under this paragraph shall be not less than, as applicable— (aa) $150,000, in the case of a financial assurance for surface-disturbing activities of a responsible party on an individual oil or gas lease; or (bb) $500,000, in the case of a financial assurance for all oil and gas leases of a responsible party in a State. (II) Adjustments for inflation Not later than 3 years after the date of enactment of the Oil and Gas Bonding Reform and Orphaned Well Remediation Act , and not less frequently than once every 3 years thereafter, the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall adjust for inflation the minimum amounts under items (aa) and (bb) of subclause (I). (iii) Additional factors The Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall establish the level of a financial assurance required under this paragraph above the applicable minimum level required under clause (ii) as the applicable Secretary determines to be appropriate or necessary to ensure the complete and timely remediation and reclamation required under subparagraph (A)(i), after taking into consideration the following factors: (I) The depth of each relevant proposed wellbore. (II) The presence of other resources (including resources with recreation, range, timber, mineral, watershed, fish or wildlife, natural scenic, scientific, or historical value). (III) The number of wells to be drilled on the lease. (IV) The number and percentage of low-producing and inactive wells on— (aa) the applicable lease; and (bb) any other leases held by each applicable lessee, operator, and responsible party. (V) Any current or past violations by each responsible party. (VI) The anticipated condition of the applicable well site and the extent of the remediation and reclamation to be required. (VII) The ability of each responsible party to fully carry out that remediation and reclamation. (VIII) Such other factors as the applicable Secretary determines to be relevant. (D) Review (i) Prospective (I) In general With respect to any financial assurance provided after the date of enactment of the Oil and Gas Bonding Reform and Orphaned Well Remediation Act , not less frequently than once every 5 years, and at any time at which the applicable lease is assigned or transferred, the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall review the financial assurance to determine, after taking into consideration the factors described in subparagraph (C)(iii), whether the amount of the financial assurance is adequate to ensure the complete and timely remediation and reclamation required under subparagraph (A)(i). (II) Authority to increase If the Secretary, or the Secretary of Agriculture with respect to National Forest System land, determines under subclause (I) that the amount of a financial assurance is not adequate, the applicable Secretary shall increase the amount of the financial assurance in accordance with subparagraph (C), including making an adjustment for inflation, as appropriate. (ii) Retrospective (I) In general Not later than 1 year after the date of enactment of the Oil and Gas Bonding Reform and Orphaned Well Remediation Act , and not less frequently than once every 5 years thereafter, the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall— (aa) review the sufficiency of each financial assurance provided before that date of enactment; (bb) determine, after taking into consideration the factors described in subparagraph (C)(iii), whether the amount of the financial assurance is adequate to ensure the complete and timely remediation and reclamation required under subparagraph (A)(i); and (cc) provide to each responsible party a written notice, including any relevant findings, relating to the determination under item (bb). (II) Authority to increase If the Secretary, or the Secretary of Agriculture with respect to National Forest System land, determines under subclause (I) that the amount of a financial assurance is not adequate, the applicable Secretary shall increase the amount of the financial assurance in accordance with subparagraph (C), including making an adjustment for inflation, as appropriate. (E) Release On request, and after inspection by the Secretary, or the Secretary of Agriculture with respect to National Forest System land, the applicable Secretary may release, in whole or in part, the financial assurance required for a lease under this paragraph if the Secretary determines that— (i) the remediation, reclamation, or permanent plugging covered by the financial assurance has been completed in accordance with— (I) subparagraph (A)(i); and (II) the standards established under paragraph (5); and (ii) all other applicable Federal requirements have been met. (5) Standards (A) In general The Secretary and the Secretary of Agriculture shall jointly promulgate regulations to establish uniform standards for the complete and timely reclamation of land, water, and other resources (including resources with recreation, range, timber, mineral, watershed, fish or wildlife, natural scenic, scientific, or historical value) adversely impacted, directly or indirectly, by oil and gas activities and operations (including any prior remediation or reclamation efforts that fail to achieve compliance with the standards described in subparagraph (B)) to the condition that existed prior to the adverse impact, including— (i) standards for the interim reclamation plans and final reclamation plans required under paragraph (3)(C); and (ii) timelines for— (I) commencing and completing the permanent plugging of wells and related remediation and reclamation activities; and (II) achieving compliance with the standards described in subparagraph (B). (B) Requirements The standards under subparagraph (A) shall include standards for— (i) the remediation and reclamation of natural vegetation and hydrology; (ii) habitat restoration; (iii) salvage, storage, and reuse of topsoils; (iv) erosion control; (v) reclamation of access roads; (vi) control of invasive species and noxious weeds; and (vii) natural contouring. (6) Inactive wells (A) In general Any lessee the lease of which includes an inactive well (except for a well with an approved suspension of operations pursuant to section 39) shall, as soon as practicable after determining that the well has been inactive— (i) for a period of more than 30 consecutive days, submit to the Secretary a notice of that inactivity; and (ii) for a period of more than 60 consecutive days— (I) bring the inactive well into— (aa) production in paying quantities; or (bb) the active aid of production in paying quantities; (II) submit to the Secretary an application for a delay in the remediation, reclamation, and permanent closure of the well in accordance with this paragraph; or (III) permanently plug the well and complete the timely remediation and reclamation required under paragraphs (4)(A)(i) and (5). (B) Period of delay (i) In general Subject to clause (ii), the Secretary may approve an application under subparagraph (A)(ii)(II) for a delay in the remediation, reclamation, and permanent plugging of an inactive well under subparagraph (A)(ii)(III) for a period of not more than 1 year. (ii) Extensions (I) In general Subject to subclause (II) and subparagraph (D), on receipt of application by a lessee under subparagraph (A)(ii)(II), the Secretary may approve 1 or more additional delays in the remediation, reclamation, and permanent closure of an inactive well, each of which additional delays shall be for a period of not more than 1 year. (II) Requirements Before approving an application for an additional delay under subclause (I), the Secretary shall— (aa) take into consideration whether the operator is making all required royalty, rental, and fee payments on time; (bb) review the amount of the financial assurance for the applicable lease; and (cc) increase the amount to ensure the complete and timely remediation, reclamation, and permanent closure required under paragraph (4)(A)(i) if the work were to be performed by the Secretary in the event of forfeiture by the lessee. (C) Application requirements (i) In general Each application of a lessee to delay permanent abandonment and reclamation of a well under subparagraph (A)(ii)(II) or (B)(ii) shall include a description of— (I) the period of time during which the well has been inactive; (II) the justification for delaying permanent abandonment and reclamation of the well; (III) the probable duration of the delay; (IV) the means by which the wellbore is to be protected during the delay; and (V) the contemplated eventual disposition of the well. (ii) Special requirements for applications for extension Each application for a delay under subparagraph (A)(ii) or (B)(ii) shall demonstrate, through test results, that the applicable well is— (I) mechanically sound; and (II) capable of— (aa) production in paying quantities; or (bb) actively aiding in production in paying quantities. (D) Prohibition (i) In general No well may be inactive for a period of more than 2 years. (ii) Requirement With respect to a well under a lease issued under this Act that has been inactive for a period of more than 2 years, the applicable lessee shall— (I) (aa) bring the inactive well into— (AA) production in paying quantities; or (BB) the active aid of production in paying quantities; and (bb) pay any related royalties, rentals, or other fees due; or (II) (aa) permanently plug the well; and (bb) complete the timely remediation and reclamation required under paragraph (4)(A)(i). (iii) Action by Secretary In any case in which a lessee has not carried out any required action under clause (ii) with respect to a well described in that clause, the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall execute forfeiture of the financial assurance associated with the well. (E) Inventory (i) In general Not later than 180 days after the date of enactment of the Oil and Gas Bonding Reform and Orphaned Well Remediation Act , and not less frequently than annually thereafter, the Secretary, or the Secretary of Agriculture with respect to National Forest System land, shall complete an inventory of all wells that, as of the date of publication of the inventory— (I) are inactive, orphaned, or abandoned; or (II) have previously been identified as idled, orphaned, or abandoned. (ii) Inclusions Each inventory under clause (i) shall identify, with respect to each inactive or orphaned well— (I) the location of the well; (II) the length of time during which the well has been inactive or orphaned; (III) the responsible parties associated with the well; and (IV) any financial assurance provided to remediate and reclaim the well, including the most recent date on which the Secretary reviewed that financial assurance. . III Miscellaneous 301. Cost recovery (a) In general Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) (as amended by section 101(a)) is amended by adding at the end the following: (r) Cost recovery requirements (1) In general Before approving an application for a permit to drill pursuant to a lease issued under this Act, the Secretary of the Interior, or the Secretary of Agriculture with respect to National Forest System land, shall determine the cost to the Federal Government of carrying out Federal inspection and enforcement actions for the lease. (2) Financial assurances The Secretary of the Interior, or the Secretary of Agriculture with respect to National Forest System land, shall not release the financial assurance established for a lease under subsection (g)(4)(E) until the applicable lessee has reimbursed the applicable Secretary for the total cost of Federal inspection and enforcement actions on the lease. . (b) Use of BLM Permit Processing Improvement Fund Section 35(c)(3) of the Mineral Leasing Act ( 30 U.S.C. 191(c)(3) ) is amended by striking subparagraph (A) and inserting the following: (A) In general Of the amounts in the Fund, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall use, without further appropriation or fiscal year limitation— (i) 50 percent— (I) to carry out the coordination and review process for— (aa) financial assurances for oil and gas leases under this Act; and (bb) bond releases for oil and gas leases under this Act; (II) to coordinate— (aa) the inventory of wells that are orphaned or inactive (as those terms are defined in subsection (q)(1)); and (bb) the processing of requests for delays in the permanent closure of wells that are inactive (as so defined); and (III) to coordinate and process environmental and cultural resource reviews applicable to oil and gas activities under this Act; and (ii) the remaining amounts for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. . 302. Regulations (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Agriculture, acting in coordination, shall concurrently promulgate regulations to implement this Act and the amendments made by this Act. (b) Effect on funding The funds made available pursuant to subsection (q)(9) of section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) (as added by section 101(a)) shall be disbursed and expended in accordance with applicable interim guidance pending completion of the rulemaking required under subsection (a).
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II 117th CONGRESS 1st Session S. 2178 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Hickenlooper (for himself 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 provide collective bargaining rights for fire fighters and emergency medical services personnel employed by States or their political subdivisions, and for other purposes.
1. Short title This Act may be cited as the Fire Fighters and EMS Employer-Employee Cooperation Act . 2. Purpose and policy It is the sense of Congress that the following is the policy of the United States: (1) Labor-management relationships and partnerships are based on trust, mutual respect, open communication, bilateral consensual problem solving, and shared accountability. Labor-management cooperation fully utilizes the strengths of both parties to best serve the interests of the public, operating as a team, to carry out the fire and EMS mission in a quality work environment. In many fire and EMS agencies, it is the labor organization that provides the institutional stability as elected leaders and appointees come and go. (2) State and local fire and EMS personnel play an essential role in the efforts of the United States to detect, prevent, and respond to terrorist attacks, and to respond to natural disasters, hazardous materials, and other mass casualty incidents. State and local fire and EMS personnel, as first responders, are a component of the National Incident Management System, developed by the Department of Homeland Security to coordinate response to and recovery from terrorism, major natural disasters, and other major emergencies. Fire and EMS employer-employee cooperation is essential in meeting these needs and is, therefore, in the National interest. (3) The Federal Government needs to encourage conciliation, mediation, and arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts through negotiations to settle their differences by mutual agreement reached through collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes. (4) The absence of adequate cooperation between fire and EMS employers and employees has implications for the security of employees and can affect interstate and intrastate commerce. The lack of such labor-management cooperation can detrimentally impact the upgrading of fire and emergency medical services of local communities, the health and well-being of fire and EMS personnel, and the morale of fire and EMS departments. Additionally, these factors could have significant commercial repercussions. Moreover, providing minimal standards for collective bargaining negotiations in the fire and EMS sector can prevent industrial strife between labor and management that interferes with the normal flow of commerce. (5) Many States and localities already provide fire and EMS personnel with collective bargaining rights comparable to or greater than the rights and responsibilities set forth in this Act, and such State and local laws should be respected. 3. Definitions In this Act: (1) Authority The term Authority means the Federal Labor Relations Authority. (2) Confidential employee The term confidential employee has the meaning given such term under applicable State law on the date of enactment of this Act. If no such State law is in effect, the term means an individual, employed by a fire and EMS employer, who— (A) is designated as confidential; and (B) is an individual who routinely assists, in a confidential capacity, supervisory employees and management employees. (3) Emergency medical services personnel The term emergency medical services personnel means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (4) Employer; fire and ems agency; fire and ems employer The terms employer , fire and EMS agency , and fire and EMS employer mean any State, or political subdivision of a State, that employs fire and EMS personnel. (5) Fire and EMS Personnel The term fire and EMS personnel — (A) means an employee of a fire and EMS agency who is— (i) a firefighter; (ii) an emergency medical services personnel; or (iii) an individual trained as a firefighter who provides out-of-hospital emergency medical care; (B) includes an individual who is temporarily transferred to a supervisory or management position; and (C) does not include a permanent supervisory, management, or confidential employee. (6) Firefighter The term firefighter has the meaning given the term employee in fire protection activities in section 3(y) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(y) ). (7) Labor organization The term labor organization means an organization of any kind, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, conditions of employment, and related matters. (8) Management employee The term management employee has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual employed by a fire and EMS employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the employer. (9) Person The term person means an individual or a labor organization. (10) State The term State means each of the several States of the United States, the District of Columbia, and any territory or possession of the United States. (11) Substantially provides The term substantially provides , when used with respect to the rights and responsibilities described in section 4(b), means providing rights and responsibilities that are comparable to or greater than each right and responsibility described in such section. (12) Supervisory employee The term supervisory employee has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual, employed by a fire and EMS employer, who— (A) has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove fire and EMS personnel, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and (B) devotes a majority of time at work to exercising such authority. 4. Determination of rights and responsibilities (a) Determination (1) In general Not later than 180 days after the date of enactment of this Act, the Authority shall make a determination as to whether a State substantially provides for the rights and responsibilities described in subsection (b). (2) Consideration of additional opinions In making the determination described in paragraph (1), the Authority shall consider the opinions of affected employers and labor organizations. In the case where the Authority is notified by an affected employer and labor organization that both parties agree that the law applicable to such employer and labor organization substantially provides for the rights and responsibilities described in subsection (b), the Authority shall give such agreement weight to the maximum extent practicable in making the Authority’s determination under this subsection. (3) Limited criteria In making the determination described in paragraph (1), the Authority shall be limited to the application of the criteria described in subsection (b) and shall not require any additional criteria. (4) Subsequent determinations (A) In general A determination made pursuant to paragraph (1) shall remain in effect unless and until the Authority issues a subsequent determination, in accordance with the procedures set forth in subparagraph (B). (B) Procedures for subsequent determinations Upon establishing that a material change in State law or its interpretation has occurred, an employer or a labor organization may submit a written request for a subsequent determination. If satisfied that a material change in State law or its interpretation has occurred, the Authority shall issue a subsequent determination not later than 30 days after receipt of such request. (5) Judicial review Any person or employer aggrieved by a determination of the Authority under this section may, during the 60-day period beginning on the date on which the determination was made, petition any United States Court of Appeals in the circuit in which the person or employer resides or transacts business or in the District of Columbia Circuit for judicial review. (b) Rights and responsibilities In making a determination described in subsection (a), the Authority shall consider a State’s law to substantially provide the required rights and responsibilities unless such law fails to provide rights and responsibilities comparable to or greater than the following: (1) Granting fire and EMS personnel the right to form and join a labor organization, which may exclude management employees, supervisory employees, and confidential employees, that is, or seeks to be, recognized as the exclusive bargaining representative of such employees. (2) Requiring fire and EMS employers to recognize the employees’ labor organization (freely chosen by a majority of the employees), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding. (3) Providing for the right to bargain over hours, wages, and terms and conditions of employment. (4) Making available an interest impasse resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures. (5) Requiring enforcement of all rights, responsibilities, and protections enumerated in this section, and of any written contract or memorandum of understanding between a labor organization and a fire and EMS employer, through— (A) a State administrative agency, if the State so chooses; or (B) any court of competent jurisdiction. (c) Compliance with requirements If the Authority determines, acting pursuant to its authority under subsection (a), that a State substantially provides rights and responsibilities described in subsection (b), then this Act shall not preempt State law. (d) Failure to meet requirements (1) In general If the Authority determines, acting pursuant to its authority under subsection (a), that a State does not substantially provide for the rights and responsibilities described in subsection (b), then such State shall be subject to the regulations and procedures described in section 5 beginning on the later of— (A) the date that is 2 years after the date of enactment of this Act; or (B) (i) in the case of a State receiving an initial determination under subsection (a)(1), the date that is the last day of the first regular session of the legislature of the State that begins after the date the Authority makes the determination under such subsection; or (ii) in the case of a State receiving a subsequent determination under subsection (a)(4), the date that is the last day of the first regular session of the legislature of the State that begins after the date the Authority makes the determination under such subsection. (2) Partial failure If the Authority makes a determination that a State does not substantially provide for the rights and responsibilities described in subsection (b) solely because the State law substantially provides for such rights and responsibilities for certain categories of fire and EMS personnel covered by this Act but not others, the Authority shall identify those categories of fire and EMS personnel that shall be subject to the regulations and procedures described in section 5, pursuant to section 8(b)(3) and beginning on the appropriate date described in paragraph (1), and those categories of fire and EMS personnel that shall remain solely subject to State law with respect to the rights and responsibilities described in subsection (b). 5. Role of federal labor relations authority (a) In general Not later than 1 year after the date of enactment of this Act, the Authority shall issue regulations, in accordance with the rights and responsibilities described in section 4(b), establishing collective bargaining procedures for employers and fire and EMS personnel in States that the Authority has determined under section 4(a) do not substantially provide for such rights and responsibilities. (b) Role of the federal labor relations authority The Authority, to the extent provided in this Act and in accordance with regulations prescribed by the Authority, shall— (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a voting majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; (5) resolve exceptions to the awards of arbitrators; (6) protect the right of each employee to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and protect each employee in the exercise of such right; and (7) take such other actions as are necessary and appropriate to effectively administer this Act, including issuing subpoenas, requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States, and administering oaths, taking or ordering the taking of depositions, ordering responses to written interrogatories, and receiving and examining witnesses. (c) Enforcement (1) Authority to petition court The Authority may petition any United States Court of Appeals with jurisdiction over the parties, or the United States Court of Appeals for the District of Columbia Circuit, to enforce any final orders under this section, and for appropriate temporary relief or a restraining order. (2) Private right of action (A) In general Except as provided in subparagraph (B) and unless the Authority has filed a petition for enforcement as provided in paragraph (1), any party has the right to file suit in any appropriate district court of the United States to enforce compliance with the regulations issued by the Authority pursuant to this section, or to enforce compliance with any order issued by the Authority pursuant to this section. The right provided by this subparagraph to bring a suit to enforce compliance with any order issued by the Authority pursuant to this section shall terminate upon the filing of a petition seeking the same relief by the Authority. (B) Exclusive enforcement In the case a State has not waived its sovereign immunity, the Authority shall have the exclusive power to enforce the provisions of this Act against such State as an employer. 6. Strikes and lockouts prohibited (a) In general Subject to subsection (b), an employer, fire and EMS personnel, or labor organization may not engage in a lockout, sickout, work slowdown, strike, or any other organized job action that will measurably disrupt the delivery of emergency services and is designed to compel an employer, fire and EMS personnel, or labor organization to agree to the terms of a proposed contract. (b) No preemption Nothing in this section shall be construed to preempt any law of any State or political subdivision of any State with respect to strikes by fire and EMS personnel. 7. Existing collective bargaining units and agreements A certification, recognition, election-held, collective bargaining agreement, or memorandum of understanding that has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or its agents and is in effect on the day before the date of enactment of this Act shall not be invalidated by the enactment of this Act. 8. Construction and compliance (a) Construction Nothing in this Act shall be construed— (1) to preempt or limit the remedies, rights, and procedures of any law of any State or political subdivision of any State that provides comparable or greater rights and responsibilities than the rights and responsibilities described in section 4(b); (2) to prevent a State from enforcing a right-to-work law that prohibits employers and labor organizations from negotiating provisions in a labor agreement that require labor organization membership or payment of labor organization fees as a condition of employment; (3) to preempt or limit any State law in effect on the date of enactment of this Act that provides for the rights and responsibilities described in section 4(b) solely because such State law permits an employee to appear on the employee’s own behalf with respect to the employee’s employment relations with the fire and EMS agency involved; (4) to prohibit a State from exempting from coverage under this Act a political subdivision of the State that has a population of less than 5,000 or that employs less than 25 full-time employees, including each individual employed by the political subdivision, except not including any individual elected by popular vote or appointed to serve on a board or commission; or (5) to preempt or limit the laws or ordinances of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4(b) solely because such law or ordinance does not require bargaining with respect to pension or retirement. (b) Compliance (1) Actions of states Nothing in this Act or the regulations promulgated under this Act shall be construed to require a State to rescind or preempt the laws or ordinances of any of the State’s political subdivisions if such laws provide rights and responsibilities for fire and EMS personnel that are comparable to or greater than the rights and responsibilities described in section 4(b). (2) Actions of the authority Nothing in this Act or the regulations promulgated under this Act shall be construed to preempt— (A) the laws or ordinances of any State or political subdivision of a State, if such laws provide collective bargaining rights for fire and EMS personnel that are comparable to or greater than the rights enumerated in section 4(b); (B) the laws or ordinances of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4(b) with respect to certain categories of fire and EMS personnel covered by this Act solely because such rights and responsibilities have not been extended to other categories of fire and EMS personnel covered by this Act; or (C) the laws or ordinances of any State or political subdivision of a State that provide for the rights and responsibilities described in section 4(b), solely because such laws or ordinances provide that a contract or memorandum of understanding between a fire and EMS employer and a labor organization must be presented to a legislative body as part of the process for approving such contract or memorandum of understanding. (3) Limited enforcement power In the case of a law or ordinance described in paragraph (2)(B), the Authority shall only exercise the powers provided in section 5 with respect to those categories of fire and EMS personnel who have not been afforded the rights and responsibilities described in section 4(b). 9. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
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117-s-2179
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II 117th CONGRESS 1st Session S. 2179 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Casey (for himself, Ms. Collins , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide grants to owners of intergenerational dwelling units, and for other purposes.
1. Short title This Act may be cited to as the Grandfamily Housing Act of 2021 . 2. Grant program for grandfamily housing (a) In general Title II of the LEGACY Act of 2003 ( 12 U.S.C. 1790q note) is amended by adding at the end the following: 206. Grant program (a) In general The Secretary shall, not later than 180 days after the date of enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. (b) Application To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Use of grant amounts An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with— (1) employing a service coordinator to— (A) provide onsite services to intergenerational families, including tutoring, health care services, and afterschool care; and (B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) ); (2) facilitating outreach to intergenerational families as described in subsection (d); (3) planning and providing services to intergenerational families; and (4) retrofitting and maintaining existing spaces within the property that contains the intergenerational dwelling unit for the services and programs provided to intergenerational families. (d) Outreach (1) In general An owner of an intergenerational dwelling unit that receives a grant under this section shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by— (A) performing periodic informational outreach; and (B) planning and executing events for intergenerational families. (2) Coordination Outreach under this subsection shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) ) or a comparable program or entity in the State in which the intergenerational dwelling unit is located. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 and 2023. . (b) Report Not later than 2 years after the date of enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that— (1) describes the effectiveness of the grant program established under section 206 of the LEGACY Act of 2003, as added by subsection (a); and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective.
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https://www.govinfo.gov/content/pkg/BILLS-117s2179is/xml/BILLS-117s2179is.xml
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117-s-2180
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II 117th CONGRESS 1st Session S. 2180 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Cotton 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 provide a civil action against a foreign state for deliberate concealment or distortion of information with respect to an international public health emergency, and for other purposes.
1. Short title This Act may be cited as the Holding the Chinese Communist Party Accountable for Infecting Americans Act of 2021 . 2. Findings Congress finds the following: (1) The Chinese Communist Party covered up the existence and downplayed the seriousness of SARS–CoV–2 (referred to in this Act as COVID–19 ) at least as early as December 2019. (2) Chinese Government officials engaged in a campaign to silence and delegitimize doctors, including Dr. Li Wenliang, who were warning their colleagues and others about COVID–19. (3) Chinese Government officials ordered the destruction of laboratory samples and research regarding COVID–19 in January 2020. (4) Chinese Government officials have detained or otherwise silenced researchers, journalists, and citizens who attempted to share information that could have proven unflattering to the response of the Chinese Government to the COVID–19 outbreak. (5) Chinese Government officials have expelled United States journalists who were covering the COVID–19 outbreak in China. (6) Chinese Government officials have attempted to censor or destroy academic research into COVID–19 and its origins that might disagree with the official positions of the Chinese Government. (7) Chinese Government officials have intentionally underreported or altered official numbers of COVID–19 infections and deaths in China, leading world health experts to make flawed analyses that severely underestimated the nature and seriousness of COVID–19. (8) Academic studies have shown that, had appropriate interventions occurred to stop the spread of COVID–19 even just weeks earlier, the spread of COVID–19 would have been severely curtailed. (9) The cover-up of COVID–19 by the Chinese Government has caused significant economic harm in the United States and around the world. (10) The cover-up of COVID–19 by the Chinese Government has caused significant death and injury in the United States and around the world. (11) The cover-up of COVID–19 by the Chinese Government is, at minimum, grossly negligent behavior causing significant injury. 3. Purpose The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that are responsible for, or complicit in ordering, controlling, or otherwise directing acts intended to deliberately conceal or distort the existence or nature of COVID–19, if such acts are found to have likely contributed to the global COVID–19 pandemic. 4. Responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies (a) In general Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following new section: 1605C. Responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies of international concern (a) Responsibility of foreign state A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury or death, or injury to property or economic interests, occurring in the United States and caused by— (1) the spread of COVID–19; and (2) a tortious act or acts, including acts intended to deliberately conceal or distort the existence or nature of COVID–19, of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. (b) Exclusive jurisdiction (1) Original jurisdiction The United States District Court for the Southern District of New York, the United States District Court for the Northern District of California, the United States District Court for the Northern District of Illinois, and the United States District Court for the Southern District of Texas shall have original and exclusive jurisdiction over all actions in which a foreign state is subject to the jurisdiction of a court of the United States under this section. (2) Appellate jurisdiction The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of an appeal from a final decision of an action under this section. (c) Stay of actions pending foreign state negotiations (1) Intervention The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under this section for the purpose of seeking a stay of the civil action, in whole or in part. (2) Stay (A) In general A court of the United States shall stay a proceeding under this section against a foreign state or any official, employee, or agent of the foreign state, if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant, or any other defendant, with respect to the resolution of a claim against such a defendant. (B) Duration (i) In general A stay under this section may be granted for not more than 180 days. (ii) Extension (I) In general The Attorney General may petition the court for an extension of the stay for additional 180-day periods. (II) Recertification A court may grant an extension under subclause (I) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant or any other defendant concerning the resolution of a claim against the foreign state or any official, employee, or agent of the foreign state, as to whom a stay of claims is sought. (d) Dismissal of actions following foreign state agreement (1) Intervention The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under this section for the purpose of seeking the dismissal of the case. (2) Dismissal with prejudice A court of the United States may dismiss with prejudice a proceeding under this section against a foreign state or any official, employee, or agent of the foreign state if the Secretary of State certifies that the United States and the foreign state have entered into an agreement with respect to the resolution of a claim against such a defendant, regardless of whether the plaintiff is a party to such agreement or consents to the dismissal. (e) Severability If any provision of this section or the application of a provision to any person or circumstance, is held to be invalid, the remainder of this section and the application of the provisions to any other person not similarly situated or to other circumstances, shall not be affected by the holding. (f) Rule of construction A foreign state shall not be subject to the jurisdiction of the courts of the United States under this section on the basis of a tortious act or acts that constitute mere negligence. (g) Definition In this section, the term COVID–19 means the 2019 Novel Coronavirus or 2019–nCoV. . (b) Technical and conforming amendments (1) Table of sections The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following: 1605C. Responsibility of foreign states for deliberate concealment or distorting information about international public health emergencies of international concern. . (2) Conforming amendment Section 1605(g)(1)(A) of title 28, United States Code, is amended by striking or section 1605B and inserting , section 1605B, or section 1605C . (c) Applicability The amendments made by this Act shall apply to a civil action— (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) (A) arising out of an injury to a person from COVID–19 on or after January 1, 2020; or (B) arising out of an injury to property or business during the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) with respect to the coronavirus disease 2019 (COVID–19).
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117-s-2181
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II 117th CONGRESS 1st Session S. 2181 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Elder Abuse Prevention and Prosecution Act to authorize the Elder Justice Initiative, to require that online resources of such initiative are made available in Spanish, and for other purposes.
1. Short title This Act may be cited as the Elder Abuse Protection Act of 2021 . 2. Elder justice initiative Section 101(b) of the Elder Abuse Prevention and Prosecution Act ( 34 U.S.C. 21711(b) ) is amended to read as follows: (b) Elder justice initiative (1) Permanent initiative The Attorney General shall establish an Elder Justice Initiative to coordinate criminal enforcement and public engagement efforts to combat elder abuse, neglect, and financial fraud and scams that target elders, and to support and coordinate the efforts of the Elder Justice Coordinator designated under subsection (a). (2) Department of Justice Elder Justice Coordinator The Attorney General shall designate an Elder Justice Coordinator within the Department of Justice who, in addition to any other responsibilities, shall be responsible for— (A) coordinating and supporting the law enforcement efforts and policy activities as the head of the Elder Justice Initiative for the Department of Justice on elder justice issues; (B) evaluating training models to determine best practices and creating or compiling and making publicly available replication guides and training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to— (i) conduct investigations in elder abuse cases; (ii) address evidentiary issues and other legal issues; and (iii) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; and (C) carrying out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, elder abuse. (3) Online public resources The Elder Justice Initiative shall maintain and publish on the internet, information aimed at protecting elders from fraudulent schemes and contain resources aimed at preventing elder abuse. (4) Telephone hotline The Attorney General, in consultation with the Elder Justice Coordinator and the Office of Victims of Crime, shall establish a national elder fraud telephone hotline to provide support to victims and resources to help victims, including referrals to federal, local and state law enforcement where appropriate. (5) Tribal consultation The Elder Justice Coordinator shall provide recommendations to the Office of Tribal Justice on a yearly basis on how to address elder abuse and elder fraud that takes place on federally recognized tribal reservations. (6) Legal aid The Elder Justice Coordinator shall consult with components of the Department of Justice to promote the provision of civil legal aid to victims of elder abuse and elder fraud. (7) Spanish language resources The Attorney General shall ensure that Elder Justice Initiative online resources are available in Spanish and link linguistically appropriate resources to inform Spanish-speaking elders of Federal and State resources to combat fraud and abuse that targets the elderly, to include— (A) Spanish-language resources and links that help report instances of elder fraud and abuse to State and local law enforcement; and (B) resources that help prevent financial exploitation of elders. .
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117-s-2182
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II 117th CONGRESS 1st Session S. 2182 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Bennet (for himself, Mr. Portman , Mr. Young , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to establish a national evictions database, and for other purposes.
1. Short title This Act may be cited as the Eviction Crisis Act of 2021 . 2. Findings Congress finds that— (1) based on the best available data, more than 3,000,000 evictions are filed in an average year in the United States, affecting individuals and families in urban, suburban, and rural areas alike; (2) evictions impose significant costs on tenants, landlords, and communities as a whole; (3) evictions disproportionately affect certain populations and communities, including families with children and renters of color who face a particularly high risk of eviction; (4) collecting more comprehensive and consistent data through a national eviction database would foster a deeper understanding of the causes and contours of the eviction crisis as well as what efforts can be made to prevent or mitigate the consequences of evictions when they are unavoidable; (5) expanding landlord-tenant community courts would benefit both landlords and tenants, as these courts can offer services that help tenants become current again on their obligations or offer alternatives to eviction that avoid homelessness or housing instability while also providing landlords with less costly alternatives to eviction; (6) emergency assistance programs that provide short-term support to tenants facing a temporary emergency can also help prevent evictions and homelessness for low-income households; (7) past evictions or eviction filings can contribute to the cycle of poverty by appearing on credit reports, and tenants have a right to know whether a tenant screening report contains inaccurate data that may impede their ability to pass a background check and secure a stable home; (8) the Legal Services Corporation, established in 1974 under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ) and funded by Congress to provide grants for free civil legal aid, has documented— (A) the ongoing justice gap in which 86 percent of the civil legal problems reported by low-income people in the United States, including housing-related legal issues, are handled with inadequate or no assistance from an attorney or other legal professional; and (B) that more than 50 percent of the legal problems presented to legal aid organizations funded by the Legal Services Corporation receive only limited or no legal assistance due to lack of resources; (9) the National Center for Access to Justice determined that in 79 percent of housing cases, the tenants are not represented by a lawyer; and (10) funding for the Legal Services Corporation must be substantially increased to enable grantees of the Legal Services Corporation to provide legal assistance to all people facing residential eviction who cannot afford adequate counsel. 3. Definitions In this Act: (1) Administrative eviction The term administrative eviction means a ruling in favor of the landlord in an administrative forum within a public housing agency, such as grievance procedures, to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (2) Court-ordered eviction The term court-ordered eviction means a court ruling in favor of the landlord in a legal action to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (3) Department The term Department means the Department of Housing and Urban Development. (4) Eviction filing The term eviction filing means a filing by a landlord with the court of jurisdiction to initiate a legal action to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (5) Executed eviction The term executed eviction means a court order carried out by a sheriff's office or other law enforcement agency that resulted in the landlord recovering possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (6) Illegal eviction The term illegal eviction means self-help measures taken outside of the legal process for eviction to recover possession of residential property from a tenant, including a tenant residing in a public housing dwelling unit or receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), such as— (A) willfully interrupting or permitting the interruption of essential items of services required by the rental agreement; (B) blocking or attempting to block the entry of a tenant upon the premises; (C) changing the locks or removing the front door of the premises; (D) removing the belongings of a tenant; and (E) any other action defined as a self-help eviction under State landlord-tenant law. (7) Local ordinance impacting eviction The term local ordinance impacting eviction means a local ordinance that is designed to address the number of emergency services calls resulting from assault, sexual harassment, stalking, disorderly conduct, or another type of behavior, situation, or condition that results in the need for emergency services, that results in loss of housing or limit the housing opportunities for survivors of crime, including survivors of domestic violence, or individuals with disabilities who may require emergency services, abnegating local landlord-tenant law by— (A) requiring, encouraging, or permitting the eviction of a tenant or resident because of a certain number of calls for emergency services; (B) requiring, encouraging, or permitting the eviction of a tenant or resident because of an arrest even though the arrest has not resulted in the conviction of that tenant or resident; or (C) requiring, encouraging, or permitting the eviction of a tenant or resident because of criminal activity occurring at or near the place of residence of the tenant or resident for which that tenant or resident has not been convicted. (8) Public housing; public housing agency The terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (9) Secretary The term Secretary means the Secretary of Housing and Urban Development. (10) Tribally designated housing entity The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). 4. Landlord-tenant focused community courts (a) In general The Attorney General, acting through the Bureau of Justice Assistance, shall award grants to States and local jurisdictions to support landlord-tenant focused community courts that offer a process with social service representatives who are available to assist tenants. (b) Goals for process The process described in subsection (a) is— (1) intended to— (A) divert landlords and tenants from proceeding with a court-ordered eviction, which places costly burdens on landlords, tenants, the court system, and taxpayers; and (B) help tenants who have fallen behind become current again on their obligations or transition tenants to a new stable home environment without losing access to benefits and other support for which they are eligible; and (2) not intended to keep tenants in housing that they will be unable to afford. (c) Diversity requirement In making grants under this section, the Attorney General shall ensure that landlord-tenant focused community courts— (1) are assisted in jurisdictions that serve urban areas, suburban areas, and rural areas; (2) are assisted in serving communities that have high rates of eviction and eviction filings or a large total number of evictions and eviction filings, based on the best available data; (3) are assisted in serving families with children; (4) provide assistance to individuals with limited English proficiency; (5) provide effective communication with individuals with disabilities; and (6) are located in facilities that are accessible to individuals with disabilities and easily accessible by low-income individuals using public transportation. (d) Application A State or local jurisdiction desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing— (1) a demonstrated unmet need in the community for a landlord-tenant community court; (2) evidence of support from representatives of various and diverse stakeholders within the community, including renters' rights groups, landlords, and legal aid nonprofit organizations; (3) a detailed description of how the grant will be spent; (4) a detailed description of how the landlord-tenant community court will interact with the existing landlord-tenant justice system of the State or local jurisdiction to, as applicable, to alleviate the eviction crisis, including a description of which cases will be diverted to the landlord-tenant community court; (5) a description of any local ordinance impacting eviction; (6) a description of how the landlord-tenant community court will not be designed to lengthen the process of pursuing a legitimate eviction, limit the access of landlords to the traditional justice system, curtail the right of landlords to evict, or limit or curtail the due process or civil rights of any tenant or housing resident; and (7) any other information as the Attorney General may require, including information sought in consultation with the Secretary. (e) Data Beginning 1 year after the date on which a State or local jurisdiction receives a grant under this section, and not later than 2 years after that date, the State or local jurisdiction, as applicable, shall submit to the Attorney General and the Secretary a report containing— (1) any aggregate data on landlord-tenant cases filed in that State or local jurisdiction as the Attorney General or the Secretary may require; (2) the data described in subparagraphs (A) and (B) of section 5(b)(1) and section 5(b)(2), as applicable; and (3) any other information as the Attorney General or the Secretary may require. (f) Awarding grants The Attorney General may award grants under this section in 3 rounds, with not fewer than 5 grants awarded in the first round. (g) Matching requirement (1) In general As a condition of a grant provided under this section, the Attorney General shall require the recipient of the grant to contribute an amount equal to or more than the amount of the grant, obtained solely from non-Federal sources. (2) Form In addition to cash or other direct funding, the contribution required by the Attorney General under paragraph (1) may include indirect costs or in-kind contributions paid for under non-Federal programs. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 5. National database of evictions (a) Establishment of database Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and maintain a database that— (1) is accessible to the Office of Policy Development and Research and the Office of Fair Housing and Equal Opportunity of the Department and other employees of the Department as determined necessary by the Secretary; (2) includes the data described in subsection (b) with respect to court-ordered evictions, administrative evictions, and illegal evictions in the United States; and (3) ensures appropriate security to prevent improper disclosure of that data. (b) Contents The database established under subsection (a) shall contain the following data: (1) Data on each court-ordered or administrative eviction With respect to each court-ordered or administrative eviction case filed on or after the date on which the database is established: (A) Information on the tenant who is the defendant, including— (i) the name of the tenant; (ii) the age of the tenant; (iii) the race, ethnicity, gender, and disability status of the tenant; (iv) the address of the residential property and the type of housing; (v) the number of household members residing in the property, including the number of children; and (vi) whether the tenant is a recipient of tenant-based or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (B) Information on the landlord who filed the court-ordered or administrative eviction case, including— (i) the name of the landlord; (ii) the number of rental units owned by the landlord; (iii) the name of the attorney or legally permitted representative of the landlord, or an indication that the landlord was self-represented; (iv) the rent charged for the unit in question; (v) any amount that the landlord alleges that the tenant owes, including— (I) rent; (II) late fees and penalties; and (III) court fees and attorney’s fees; and (vi) any costs incurred by the landlord for engaging in the eviction process, including— (I) court costs, such as filing fees; (II) the cost of legal representation; and (III) the cost to set out a tenant. (C) Procedural data on the court-ordered or administrative eviction case, including— (i) the date, if applicable, on which the tenant was served with a notice to quit; (ii) the date of the initial court filing by the landlord; (iii) the reason asserted by the landlord for filing for eviction, such as nonpayment or breach of lease; (iv) whether the eviction was as a result of the enforcement of a local ordinance impacting eviction; (v) whether the tenant moved out before the initial hearing; and (vi) the final outcome of the court-ordered or administrative eviction case, including— (I) the disposition of the case, including whether the initial hearing resulted in a default judgment, dismissal, consent agreement, settlement, or trial; (II) the date of final disposition; (III) any amount owed to the landlord or tenant, if any, and over what time period; (IV) whether a judgment was made in favor of the tenant for code violations or warranty of habitability claims; (V) the overall outcome of the case, including whether the tenant paid any amounts to the landlord, whether the tenant stayed in the housing or was evicted from the housing, and whether the judge ordered that the tenant’s future wages be garnished to pay the judgment; and (VI) whether the tenant was present when the judgment was rendered and whether the tenant had legal representation and the nature of that representation, including a lawyer, a law student participating in a clinic, or another non-lawyer trained to represent clients in landlord-tenant court, or whether the tenant was a lawyer representing himself or herself; (vii) the total court fees incurred by the tenant, separated into categories of fees; (viii) whether the landlord had appeared in landlord-tenant court for a court-ordered or administrative eviction matter involving the landlord in the 6 month, 1 year, or 2 year-period preceding the court-ordered or administrative eviction case, and how many were such appearances involving the same tenant; and (ix) whether the tenant had appeared in landlord-tenant court for a court-ordered or administrative eviction matter involving the landlord in the 6 month, 1 year, or 2 year-period preceding the court-ordered or administrative eviction case, and how many were such appearances involving the same landlord. (2) Aggregate data on court-ordered or administrative eviction cases Aggregate data on court-ordered or administrative eviction cases filed on or after the date on which the database is established, including— (A) the total number of cases filed, including a breakdown by— (i) the number of cases filed for nonpayment, other breach of lease, both nonpayment and breach of lease, and any other reason; (ii) the number of cases filed because of the enforcement of a local ordinance impacting eviction; and (iii) the outcome of the dispositive hearing, including default judgment, dismissal, a consent agreement, a trial, and a settlement with or without mediation; (B) the number of tenants and landlords who showed up for the dispositive hearing of a court-ordered or an administrative eviction case; (C) the number and share of tenants and landlords who were represented by counsel, and the number and share of landlords who were represented by counsel when not legally required to be so represented; (D) the average duration of a court-ordered or an administrative eviction case, including the average time from filing to first hearing; (E) the average amount allegedly owed by a tenant, per landlord; (F) the average months of rent allegedly owed by a tenant; (G) the average amount paid by a tenant to resolve the case and stay in the housing; (H) the number of court-ordered or administrative eviction cases resulting in a judgment in favor of the tenant due to code violations or warranty of habitability claims; (I) the number and percentage of court-ordered or administrative eviction cases broken down by age bracket; (J) the number and percentage of court-ordered or administrative eviction cases broken down by race and ethnicity; (K) the number and percentage of court-ordered or administrative eviction cases broken down by gender; (L) the number and percentage of court-ordered or administrative eviction cases broken down by disability status; (M) the number and percentage of court-ordered or administrative eviction cases with a tenant or household with children; (N) the number of tenants evicted from public housing, broken down by each public housing agency; (O) the number of tenants evicted from dwelling units who were receiving tenant-based assistance or project-based assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), or the temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); and (P) the number of court-ordered or administrative eviction or cases where late fees were collected from tenants by landlords, and the average amount of late fees in those cases. (3) Data on executed evictions Local law enforcement or any other official who executes an eviction shall report to the adjudicating court or administrative forum sufficient data on each executed eviction, such that the court may determine which court-ordered or administrative evictions resulted in a law enforcement officer or other local official removing the tenant. (4) Data on tenant status following a court-ordered or administrative eviction Each court or administrative forum responsible for adjudicating evictions should contact landlords to determine whether tenants who were the subject of a court-ordered or administrative eviction were removed or remained in the property 90 days after the court-ordered or administrative eviction. (5) Data on each illegal eviction With respect to each illegal eviction occurring on or after the date on which the database is established, as reported by local governments and nonprofit organizations receiving grants under section 6: (A) The data described in paragraph (1)(A). (B) Information on the landlord, including— (i) the name of the landlord; and (ii) any amount that the landlord alleges that the tenant owes, including any penalties. (C) The primary reason or reasons the tenant was evicted. (D) If the tenant was evicted for nonpayment, the amount owed. (E) If the tenant was evicted for nonpayment, the total number of months owed. (F) Whether the tenant was evicted because of the enforcement of a local ordinance impacting eviction. (6) Aggregate data on illegal evictions Aggregate data on illegal eviction cases occurring on or after the date on which the database is established, as reported by local governments and nonprofit organizations receiving grants under section 6, including— (A) the average amount owed by a tenant, per landlord; (B) the average months of rent owed by a tenant; (C) the number and percentage of illegal eviction cases broken down by age bracket; (D) the number and percentage of illegal eviction cases with a tenant or household with children; (E) the number and percentage of illegal eviction cases broken down by race and ethnicity; (F) the number and percentage of illegal eviction cases broken down by gender; (G) the number and percentage of illegal eviction cases broken down by sex; (H) the number and percentage of illegal eviction cases broken down by sexual orientation; (I) the number and percentage of illegal eviction cases broken down by disability status; and (J) the number and percentage of illegal eviction cases based on the enforcement of a local ordinance impacting eviction. (c) Submission of data (1) Submission by courts Not later than March 1 of each year, the Attorney General of each State shall submit to the Secretary data on court-ordered eviction cases that occurred in that State during the preceding calendar year for inclusion in the database established under this section. (2) Submission to Secretary (A) In general The Attorney General of the State shall— (i) ensure the accuracy and consistency of the data submitted under paragraph (1); and (ii) upon receipt of the data, aggregate the data and report the individual and aggregate data to the Secretary in a timely manner. (B) Submission by courts If the Attorney general of the State fails to submit the data described in paragraph (1) to the Secretary in a timely manner under subparagraph (A), the clerk of each State or local court that handles landlord-tenant cases may submit the data directly to the Secretary. (d) Guidelines The Secretary shall promulgate rules and establish guidelines for the submission of data under subsection (c) and publication of data in the database established under this section, which shall include— (1) a technological solution that provides a single point of entry for data submissions to reduce the burden on clerks of the courts; (2) in consultation with local governments and judges, appropriate safeguards for protecting the privacy of personally identifiable information, including of vulnerable populations, which shall incorporate confidentiality measures to ensure that any personally identifiable information regarding a tenant who is a survivor of domestic violence, dating violence, sexual assault, or stalking is not disclosed during the process of data submission and publication; (3) standards for— (A) external researchers to be granted permission to access data in the database, including both aggregate data and, if necessary for the conduct of their research, personally identifiable information, with appropriate safeguards to ensure identities are protected in any publicly released analysis; (B) the establishment of a research data center to support analysis of that data; and (C) using generally accepted statistical principles to validate the data, in consultation with outside participants; (4) methods for collecting data required under subsection (b) that are not currently collected; (5) establishing definitions for terms related to the eviction process based on how they are legally defined by courts of jurisdiction handling eviction cases; and (6) standards for local officials to identify and designate social services agencies that may access the database to provide targeted social services to those tenants. (e) Annual reports Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall make publicly available a report on the contents of the database established under this section which shall not include personally identifiable information. (f) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. 6. Grant program to collect data on illegal evictions (a) In general The Secretary shall award grants to local governments and nonprofit organizations to set up programs to collect data from landlords on illegal evictions in the United States. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2020 through 2024 to provide grants under this section. 7. Advisory Committee (a) In General The Secretary shall establish an advisory committee to be known as the Committee on Eviction Research (in this section referred to as the Committee ) to advise the Secretary on matters relating to— (1) the creation, operation, maintenance, methodology, and privacy matters of the statistical efforts relating to the database established under section 5; (2) developing a research agenda to determine the causes and consequences of evictions; and (3) disseminating information with regard to policies or practices that reduce the number of evictions or mitigate the consequences of evictions. (b) Membership (1) In general The Committee shall be composed of 16 members who shall be appointed by the Secretary, in consultation with the chair and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the chair and ranking member of the Committee on Financial Services of the House of Representatives, of whom— (A) 2 members shall be employees of the Department with expertise in housing data and an interest in issues relating to evictions and housing instability; (B) 3 members shall be landlords or representatives of landlords, at least 1 of whom shall be a small or independent landlord or a representative of small or independent landlords; (C) 4 members shall be from the academic or research community; (D) 3 members shall be from civil society, of whom— (i) not less than 2 shall be from entities that advocate for civil rights related to housing or eviction; and (ii) not less than 1 shall have experienced eviction; (E) 2 members shall be from private industry, civil society, or the academic community with backgrounds in data science and privacy; and (F) 2 members shall be individuals with specific knowledge of and expertise in eviction law and court procedures. (2) Chair The Secretary shall appoint a chair of the Committee from among the members of the Committee. (3) Period of appointment; vacancies (A) In general A member of the Committee shall be appointed for a period of 2 years. (B) Vacancies A vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled in the same manner as the original appointment. (c) Meetings The Committee shall meet in person or via electronic conference not less frequently than once every 2 months. (d) Powers In carrying out the duties of the Committee, the Committee may— (1) hold such hearings, sit, and act at such times and places, take such testimony, and receive such evidence as the Committee determines to be appropriate; (2) issue reports, guidelines, and memoranda; (3) hold or host conferences and symposia; (4) enter into cooperative agreements with third-party experts to obtain relevant advice or expertise, and oversee staff; (5) establish subcommittees; and (6) establish rules of procedure. (e) Gifts The Committee may accept, use, and dispose of gifts or donations of services or property. (f) Travel expenses The members 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 homes or regular places of business in the performance of service for the Committee. (g) Staff (1) In general The chair 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 Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The chair 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. (h) Report Not later than 90 days after the date on which the Committee terminates, the Committee shall submit to the Secretary a report containing— (1) recommendations for statistical efforts relating to the database established under section 5, including how additional data may potentially be collected, consistent with civil rights protections, to understand eviction trends by race, sex, gender, sexual orientation, disability status, ethnicity, age, and immigration status; and (2) a research agenda to determine the causes and consequences of evictions and to illuminate policies or practices that reduce the number of evictions or mitigate the consequences of evictions, including an assessment of the housing challenges resulting from the prohibition on public housing participation due to the prior eviction of an individual. (i) No additional funds The amounts necessary to carry out this section shall be derived from amounts appropriated or otherwise made available to the Secretary. 8. Emergency assistance program (a) In general The Secretary is authorized to make funds available to State, local, territorial, and Tribal governments (in this section referred to as eligible grantees ) for the purpose of providing financial assistance and housing stabilization services to extremely low-income households to prevent evictions, homelessness, and other housing instability. (b) Distribution of funds An eligible grantee receiving assistance under this section may distribute all or a portion of such assistance to private nonprofit organizations, other government entities, public housing agencies, Tribally designated housing entities, or other entities as determined by the Secretary to carry out programs in accordance with this section. (c) Designation An eligible grantee that receives a grant under this section may designate 1 or more entities to carry out programs in accordance with this section. (d) Household eligibility (1) In general A household that is eligible to receive assistance under a program established under this section (in this section referred to as an eligible household ) shall be— (A) extremely low-income, as defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); (B) at risk of housing instability and experiencing a short-term crisis, as attested to in writing by the household, which may include— (i) a decline in household income; (ii) a family or health crisis; (iii) unexpected expenses; (iv) unsafe or unhealthy living conditions; or (v) any other event as determined by the Secretary; and (C) obligated to pay rent on a residential dwelling or experiencing homelessness, as defined in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (2) Housing type Assistance under a program established under this section shall be provided to eligible households regardless of housing type, or lack thereof, including— (A) rental properties, hotels, or motels where the households are covered by State, Tribal, or local eviction laws; (B) manufactured housing; (C) mobile homes; (D) single rooms; and (E) other types of subsidized and unsubsidized housing. (3) Lease requirements Assistance under a program established under this section shall be provided to eligible households with written or oral leases, subleases, or informal tenancy arrangements, allowing households to self-certify lease agreements. (e) Limitation (1) In general Assistance under a program established under this section shall be provided to an eligible household for arrears and a period not to exceed 4 months during any period of 3 years, except that grantees may provide assistance for an additional 3 months only if necessary to ensure housing stability for the eligible household, subject to the availability of funds. (2) Exception for periods of high unemployment, emergency, or major disaster Assistance under a program established under this section shall be provided to an eligible household for a period not to exceed 12 months, except that grantees may provide assistance for an additional 3 months only if necessary to ensure housing stability for the eligible household, subject to the availability of funds— (A) if for any month during the fiscal year the average rate of unemployment (seasonally adjusted) for the United States or for the State in which the eligible grantee is located, for the period consisting of the most recent 3 months for which data for all States are published, equals or exceeds 5.5 percent; or (B) in any fiscal year in which a declaration of a major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) is in effect with respect to the jurisdiction covered by an eligible grantee. (f) Use of funds (1) In general An eligible grantee shall— (A) use grant amounts to help eligible households overcome a short-term crisis impacting housing stability and provide financial assistance and housing stability-related services to those eligible households; and (B) evaluate the eligibility of households in a manner consistent with Federal nondiscrimination requirements. (2) Financial assistance A recipient of a grant under this section shall use the grant funds to provide housing-related financial assistance to eligible households in the form of payments, including— (A) direct payments to the eligible households; and (B) the payment of— (i) rent and rent arrears; (ii) utilities and home energy costs and utilities and home energy costs arrears; (iii) relocation costs; and (iv) other housing-related expenses, as defined by the Secretary. (3) Housing stability-related services Not more than 25 percent of amounts received by a recipient of a grant under this section shall be used to provide housing stability- related services to eligible households, including— (A) services for case management, including community resources to negotiate and resolve issues to keep eligible households housed; (B) rehousing and relocation services; (C) services provided by housing counseling agencies approved by the Department to negotiate and resolve financial issues; (D) legal services; (E) services to connect those eligible households to other public supports, including long-term housing assistance; (F) referrals to other services for behavioral, emotional, and mental health issues, domestic violence, child welfare issues, employment, substance abuse treatment, or other services; and (G) other services to promote housing stability as determined by the Secretary. (4) Evaluation Of amounts made available under subsection (n) for fiscal year 2022, not more than $10,000,000 shall be used by the Secretary to conduct a rigorous program evaluation under subsection (k). (5) Administrative costs A recipient of a grant under this section may not use more than 10 percent of the total amount received under this section for administrative costs. (g) Allocation of resources (1) Initial eligibility The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of the Treasury, and the Secretary of Agriculture, shall develop a formula for determining the initial funding eligibility for eligible grantees based on— (A) the number of extremely low-income renter households with severe cost burdens, the number of extremely low-income households experiencing severe overcrowding, and the unemployment rate in each jurisdiction; (B) the prior performance of the grantee, including whether the eligible grantee has any unresolved, systemic housing-related civil rights violations; and (C) other factors as determined by the Secretary. (2) Notification of initial eligibility The Secretary shall notify eligible grantees of their initial eligibility for funding within 30 days of the date of enactment of the appropriate Act making appropriations for the Department for the fiscal year. (3) Statement of grantee interest and commitment Within 90 days of receiving the notification described in paragraph (2), each eligible grantee shall— (A) notify the Secretary of its intent to participate in the program authorized by this section during the fiscal year for which the Secretary is making funds available; and (B) if the eligible grantee notifies the Secretary of its intent to participate in the program, the eligible grantee shall concurrently submit— (i) a detailed plan describing how the eligible grantee will— (I) use the funds to prevent evictions, homelessness, and other housing instability, consistent with the requirements of this section, including any plans to distribute the funds to private nonprofit organizations, other government entities, public housing agencies, or other entities as determined by the Secretary; (II) implement and administer a program to distribute funds quickly and efficiently to eligible households, including through the use of appropriate technology; (III) make the plan publicly accessible; and (IV) raise awareness of the availability of assistance under the plan, including among renters and rental property owners; and (ii) a statement that the eligible grantee will participate in a rigorous evaluation of the effectiveness of the program, if requested to do so by the Secretary. (4) Plan submission and public availability An eligible grantee shall— (A) make the plan submitted under paragraph (3)(B)(i) publicly available on a website of the eligible grantee, including in a format that is accessible to individuals with disabilities; and (B) conduct public hearings and solicit comment on the plan submitted under paragraph (3)(B)(i) using the procedure described in paragraph (5). (5) Public hearing and solicitation of comments (A) In general In conducting public hearings and soliciting comments on a plan submitted under paragraph (3)(B)(i), each eligible grantee shall follow the requirements of the citizen participation plan adopted pursuant to section 91.105 of title 24, Code of Federal Regulations, or any successor regulation, except as provided in this paragraph. (B) Initial hearing Before submitting the plan to the Secretary required under paragraph (3)(B)(i), an eligible grantee shall— (i) hold a public hearing on the plan; and (ii) provide the public with a reasonable opportunity to view and comment on the plan, which shall be for a period of not less than 10 days. (C) Subsequent hearings Not later than 60 days after the initial hearing under subparagraph (B), an eligible grantee shall conduct a public hearing to solicit feedback on grants provided under this section. (D) Consultation In addition to any other citizen participation and consultation requirements, in developing and implementing a plan to carry out this section, each eligible grantee shall consult with— (i) the applicable Continuum or Continuums of Care for the area served by the eligible grantee; (ii) organizations representing underserved communities and populations; and (iii) organizations with expertise in affordable housing, fair housing, and services for individuals with disabilities. (6) Allocation of prorated funds Not later than 120 days after the enactment of appropriations Act making appropriations for the program authorized under this section, the Secretary shall allocate to each eligible grantee that notified the Secretary of its intent to participate in the program, consistent with the requirements in paragraph (3), the amount of funding for which the eligible grantee is eligible under the formula described in paragraph (1), plus any additional prorated amounts made available as a result of State, local, and Tribal governments having notified the Secretary of their intent to decline to participate or has indicated its intent not to participate under the terms of paragraph (3), in accordance with the payment schedule described in paragraph (8). (7) Distribution of declined funds (A) In general If the Secretary determines as of 120 days after the enactment of appropriations for the program authorized under this section that an eligible grantee has declined to receive its full allocation or has not indicated its intent to participate, not later than 15 days after such date, the Secretary— (i) except as provided in clause (ii) and subparagraph (B), shall redistribute, on a pro rata basis, such allocation among the other eligible grantees in the State (or States, if the eligible grantee is a Tribal government with jurisdiction in more than 1 State) that have not declined to receive their allocations; or (ii) if no other eligible grantees exist in a relevant State, may contract with units of local government within the State to administer funds within the State. (B) Exception If a redistribution under subparagraph (A)(i) would result in eligible grantees in a State receiving an increase of not less than 20 percent in funds received under the grant program, any amount above the 20 percent increase in funds shall be returned to the Secretary and distributed across all eligible grantees that did not decline their full allocation. (h) Continuous improvement The Secretary shall establish a process that incorporates findings from rigorous evaluation of the grant program authorized under this section into subsequent guidance and best practices for eligible grantees. (i) Evaluation of grantees The Secretary shall— (1) using data provided by eligible grantees, conduct a rigorous evaluation of the grant program authorized under this section that includes an assessment of— (A) the ease with which eligible households are able to access assistance; (B) the effectiveness of the intervention models of the program in preventing housing instability in general and for eligible households of different types and income levels; (C) the cost-effectiveness of the program; and (D) other indicators as determined by the Secretary; (2) publicly disseminate, through internet websites and other means, interim findings as soon as they become available relating to programs established by recipients of a grant under this section; and (3) make the evaluations described in paragraph (1) publicly available. (j) Reporting requirements (1) In general The Secretary shall publish public reports not less frequently than annually regarding the use of funds made available under this section, which shall include, with respect to each eligible grantee under this section— (A) the number of eligible households that receive assistance; (B) the acceptance rate of applicants for assistance; (C) the type or types of assistance provided to each eligible household; (D) the average amount of funding provided per eligible household receiving assistance; (E) the average number of monthly rental or utility payments that were covered by the funding amount that an eligible household received, as applicable; (F) the rate of evictions in the jurisdiction; and (G) the rate of evictions of households that received assistance under this program in the jurisdiction. (2) Data Each report under this subsection shall disaggregate the information relating to eligible households by the gender, race, and ethnicity of the primary applicant for assistance in those eligible households. (3) Alternative requirements The Secretary may establish alternative reporting requirements for Tribal and territorial eligible grantees and Tribally designated housing entities in carrying out activities under this section, including exempting Tribal eligible grantees and Tribally designated housing entities from— (A) the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); and (B) the citizen participation and consultation requirements under subpart B of part 91 of title 24, Code of Federal Regulations, or any successor regulation. (4) Privacy requirements (A) In general Each eligible grantee that receives a grant under this section shall establish data privacy and security requirements for the information described in paragraph (1) that— (i) include appropriate measures to ensure that the privacy of individuals is protected; (ii) provide that the information, including any personally identifiable information, is collected and used only for the purpose of submitting reports under paragraph (1); and (iii) provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking. (B) Statistical research (i) In general The Secretary— (I) may provide full and unredacted information provided under subparagraphs (A) through (F) of paragraph (1), including personally identifiable information, for statistical research purposes in accordance with existing law; and (II) may collect and make available for statistical research, at the census block group level, information collected under subparagraph (A). (ii) Application of privacy requirements A recipient of information under clause (i) shall establish for such information the data privacy and security requirements described in subparagraph (A). (5) Provision of data Each eligible grantee shall provide to the Secretary such data as may be necessary for the Secretary to complete the reporting requirements under this subsection. (k) Report on program Not later than 5 years after the establishment of the program under this section, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives and publish in the Federal Register a report— (1) evaluating the effectiveness of the strategies pursued under the grant program; and (2) that includes recommendations for any necessary changes to law. (l) Authorization of appropriations (1) In general There is authorized to be appropriated $3,000,000,000 for each of fiscal years 2022 through 2026, and such sums as may be necessary for each fiscal year thereafter, to carry out this section. (2) Reservation of funds for Tribal communities Of the amount appropriated under paragraph (1), the Secretary shall reserve $9,600,000 for activities and assistance authorized under titles I and VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 et seq. ) and title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) with respect to Indian Tribes, which shall be made available for entities that are eligible for payments under clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (3) Allocation for States, territories, and units of local government The amount appropriated under paragraph (1) for a fiscal year that remains after the application of paragraph (2) shall be allocated to eligible grantees that are eligible under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12741 et seq. ), to be used in a manner that conforms to the formula authorized under section (f). (4) Pro rata availability The Secretary shall only distribute a pro rata amount of the total appropriated under paragraph (1) in a fiscal year based on the number of eligible grantees that are eligible to receive a grant due to the limitation described in subsection (m)(4). (m) Availability (1) In General Each eligible grantee shall— (A) with respect to the first 2 fiscal years in which grants are awarded under this section— (i) obligate not less than 60 percent of such grant amounts within 2 years of the date that such funds become available to the eligible grantee for obligation; and (ii) obligate 100 percent of such grant amounts within 3 years of such date; and (B) for each subsequent fiscal year— (i) obligate not less than 60 percent of such grant amounts within 1 year of the date that such funds become available to the eligible grantee for obligation; and (ii) obligate 100 percent of such grant amounts within 2 years of such date. (2) Reallocation after 2 years (A) In general The Secretary may recapture any amounts not obligated in compliance with paragraph (1)(A) and reallocate and repay such amounts to eligible grantees in compliance that, at the time of reallocation, have obligated not less than 65 percent of the amount originally allocated and paid to the eligible grantee. (B) Amount The amount of a reallocation described in subparagraph (A) shall be determined based on demonstrated need within the jurisdiction covered by the eligible grantee, as determined by the Secretary. (3) Rescission and reallocation of funds An eligible grantee may use any funds from grants made under this section that are unobligated within 3 years for purposes in addition to those specified in this section, provided that such other purposes are affordable housing purposes, as defined by the Secretary, serving very low-income families (as such term is defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (4) Limitation on availability of funds An eligible grantee may only receive a grant under this section after the earlier of— (A) the date on which the eligible grantee has expended all funds provided under the emergency rental assistance programs under section 501 of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) and section 3201 of the American Rescue Plan Act ( Public Law 117–2 ); or (B) the date on which funds provided under the emergency rental assistance programs under section 501 of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) and section 3201 of the American Rescue Plan Act ( Public Law 117–2 ) are no longer available for obligation. (n) Prohibition on prerequisites None of the funds made available pursuant to this section may be used to require any eligible household receiving assistance under the program under this section to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services. (o) Use of self-Certification or self-Attestation The Secretary shall require eligible grantees to allow eligible households to use self-certification or self-attestation to meet statutory or regulatory requirements, to the greatest extent possible. (p) Treatment of assistance Assistance provided to an eligible household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes of determining the eligibility of the eligible household or any member of the eligible household for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State, local, or Tribal program financed in whole or in part with Federal funds. (q) Written notice of denial of assistance An eligible household that is denied assistance by an eligible grantee under the grant program under this section shall receive written notice of the denial of assistance within 5 days of the denial, which shall describe the basis for the denial and provide the eligible household with not less than 10 days to correct or amend the application. (r) Non-Supplantation requirement An eligible grantee under this section shall expend, from other Federal funding sources available to the eligible grantee, an amount equal to the average fiscal year amount of total expenditures the eligible grantee made for eviction prevention, housing stabilization, and homelessness assistance for fiscal years 2017, 2018, and 2019 for those same activities during the fiscal year for which funds are paid to an eligible grantee under this section. 9. Tenant screening reports The Fair Credit Reporting Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 604 ( 15 U.S.C. 1681b ), by adding at the end the following: (h) Additional requirement relating to use of consumer report for rental housing If a person procures a consumer report, or causes a consumer report to be procured, from a consumer reporting agency in connection with evaluating a consumer applying for tenancy in rental housing, the consumer reporting agency shall provide to the consumer a copy of the consumer report. ; and (2) in section 605(a) ( 15 U.S.C. 1681c(a) ), by adding at the end the following: (9) Eviction judgments and related suits in instances of an eviction judgment that is in the favor of the tenant. . 10. GAO study and report (a) Study The Comptroller General of the United States shall conduct a comprehensive qualitative and quantitative study to— (1) track evictions during the period for which appropriate data is available or the 30-year period preceding the date of enactment of this Act, whichever is shorter; (2) analyze local eviction laws, regulations, and judicial process; and (3) assess the factors that contribute to evictions and whether those factors differ in urban areas versus suburban and rural areas, as well as across different protected class groups, including race, color, national origin, religion, sex, familial status, disability status, and age. (b) Report Not earlier than 5 years but not later than 6 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the grants awarded pursuant to sections 4, 6, and 8 of this Act, including best estimates of the amount saved, if any, at all levels of government on housing, medical, or social welfare programs, as well as any additional revenues generated by participants being more likely to remain employed or for other reasons. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 11. Rule of construction Nothing in this Act may be construed to— (1) deny a landlord the ability to file and execute an eviction for a lawful reason; or (2) change the standards for determining a violation of the Fair Housing Act ( 42 U.S.C. 3601 et seq. ).
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117-s-2183
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II 117th CONGRESS 1st Session S. 2183 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Booker (for himself, Mr. Whitehouse , and Mr. Menendez ) 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 reinstate the financing for the Hazardous Substance Superfund, and for other purposes.
1. Short title This Act may be cited as the Superfund Polluter Pays Restoration Act of 2021 . 2. Extension and modification of Superfund excise taxes (a) Extension Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: (e) Application of hazardous substance superfund financing rate The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date that is 60 days after the date of the enactment of the Superfund Polluter Pays Restoration Act of 2021 . . (b) Modification of Hazardous Substance Superfund financing rate (1) In general Section 4611(c)(2)(A) of such Code is amended by striking 9.7 cents and inserting 17.2 cents . (2) Inflation adjustment Section 4611(c) of such Code is amended by adding at the end the following new paragraph: (3) Adjustment for inflation (A) In general In the case of any taxable year beginning after December 31, 2021, the amount under paragraph (2)(A) shall be increased by an amount equal to— (i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any increase determined under this paragraph is not a multiple of 0.1 cents, such increase shall be rounded to the next lowest multiple of 0.1 cents. . (c) Modification of rate of tax on certain chemicals Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b) Amount of tax (1) In general The amount of tax imposed by subsection (a) shall be determined in accordance with the following table: In the case of: The tax is the following amount per ton: Acetylene $12.01 Benzene 12.01 Butane 12.01 Butylene 12.01 Butadiene 12.01 Ethylene 12.01 Methane 8.49 Napthalene 12.01 Propylene 12.01 Toluene 12.01 Xylene 12.01 Ammonia 6.51 Antimony 10.98 Antimony trioxide 9.25 Arsenic 10.98 Arsenic trioxide 8.41 Barium sulfide 5.67 Bromine 10.98 Cadmium 10.98 Chlorine 6.66 Chromium 10.98 Chromite 3.75 Potassium dichromate 4.17 Sodium dichromate 4.61 Cobalt 10.98 Cupric sulfate 4.61 Cupric oxide 8.86 Cuprous oxide 9.79 Hydrochloric acid 0.72 Hydrogen fluoride 10.43 Lead oxide 10.21 Mercury 10.98 Nickel 10.98 Phosphorus 10.98 Stannous chloride 7.03 Stannic chloride 5.23 Zinc chloride 5.48 Zinc sulfate 4.69 Potassium hydroxide 0.54 Sodium hydroxide 0.69 Sulfuric acid 0.64 Nitric acid 0.59. (2) Adjustment for inflation (A) In general In the case of any taxable year beginning after December 31, 2021, each of the dollar amounts in the table in paragraph (1) shall be increased by an amount equal to— (i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 202020 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any increase determined under this paragraph is not a multiple of $0.01, such increase shall be rounded to the next lowest multiple of $0.01. . (d) Effective date The amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. 3. Clarification of definition of crude oil for excise tax purposes (a) Definition of crude oil Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Crude oil The term crude oil includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale). . (b) Effective date The amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. 4. Use of Hazardous Substance Superfund for cleanup (a) Availability of amounts Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9611 ) is amended— (1) in subsection (a) by striking For the purposes specified and all that follows through for the following purposes: and inserting the following: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes: ; and (2) in subsection (c)— (A) by striking Subject to such amounts as are provided in appropriations Acts, the each place it appears and inserting The ; and (B) in paragraph (12) by striking to the extent that such costs and all that follows through and 1994 . (b) Amendment to the Internal Revenue Code Section 9507 of the Internal Revenue Code of 1986 is amended— (1) in subsection (c)(1)— (A) by striking , as provided in appropriations Acts, ; and (B) by striking the Superfund Amendments and Reauthorization Act of 1986 in subparagraph (A)(i) thereof and inserting the Superfund Polluter Pays Restoration Act of 2021 ; and (2) in subsection (d)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).
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117-s-2184
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II 117th CONGRESS 1st Session S. 2184 IN THE SENATE OF THE UNITED STATES June 22, 2021 Mr. Kennedy (for himself and Mr. Rubio ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend the Sarbanes-Oxley Act of 2002 to institute a trading prohibition for certain issuers that retain public accounting firms that have not been subject to inspection by the Public Company Accounting Oversight Board, and for other purposes.
1. Trading prohibition for 2 consecutive non-inspection years Section 104(i) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7214(i) ) is amended— (1) in paragraph (2)(A)(ii), by striking the foreign jurisdiction described in clause (i) and inserting a foreign jurisdiction ; and (2) in paragraph (3)— (A) in the paragraph heading, by striking 3 and inserting 2 ; and (B) in subparagraph (A), in the matter preceding clause (i), by striking 3 and inserting 2 .
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117-s-2185
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II 117th CONGRESS 1st Session S. 2185 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize certain Bureau of Reclamation programs, and for other purposes.
1. Short title This Act may be cited as the Western Water Infrastructure Act of 2021 . 2. Definitions In this Act: (1) Grandfathered project The term grandfathered project means a project that has been included in a feasibility level study by the Secretary that was commenced, including at the appraisal level, on or before January 1, 2021, in anticipation of Federal funding or recommended by the Secretary and approved by an Act of Congress prior to the date of enactment of this Act pursuant to— (A) section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ); (B) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); or (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (2) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 3. Reauthorization of certain reclamation programs (a) Water storage program Section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in subsection (h)— (A) in paragraph (1), by striking (1) $335,000,000 and inserting the following: (1) In general $1,600,000,000 ; and (B) by striking paragraph (2) and inserting the following: (2) Requirement (A) In general Subject to subparagraph (B), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021 . (B) Limitation Subparagraph (A) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ). ; (2) by striking subsection (i); and (3) by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (b) Eligible desalination projects Section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended— (1) by redesignating the second paragraph (1) (relating to eligible desalination projects) as paragraph (2); and (2) in subparagraph (F) of paragraph (2) (as so redesignated)— (A) in clause (i)— (i) by striking (i) $30,000,000 and inserting the following: (i) In general $125,000,000 ; and (ii) by striking ; and and at the end and inserting a period; and (B) by striking clause (ii) and inserting the following: (ii) Requirement (I) In general Subject to subclause (II), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021 . (II) Limitation Subclause (I) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ). . (c) Reclamation and reuse of wastewater and groundwater Section 1602(g) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(g) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and all that follows through There is and inserting the following: (A) In general There is ; and (B) by striking $50,000,000 and inserting $375,000,000 ; and (2) by striking paragraph (2) and inserting the following: (2) Requirement (A) In general Subject to subparagraph (B), a project may only receive funding under this section if the project has been included in an Act of Congress that specifically approves a project recommendation in an annual report issued in accordance with section 5 of the Western Water Infrastructure Act of 2021 . (B) Limitation Subparagraph (A) shall not apply to a grandfathered project (as defined in section 2 of the Western Water Infrastructure Act of 2021 ). . (d) Duration of certain reclamation projects Section 4013 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ) is amended— (1) in paragraph (1), by striking ; and at the end; (2) in paragraph (2), by striking the period at the end the following and inserting ; and ; and (3) by adding at the end the following: (2) sections 4006, 4007 (other than a project under construction under that section that is covered by paragraph (2)), 4008, 4009 (other than a project under construction under the amendment made by subsection (a) or (c) of section 4009 that is covered by paragraph (2)), and 4011 (including any amendments made by those sections), which shall expire 5 years after the date of enactment of the Western Water Infrastructure Act of 2021 . . (e) Applicable law A grandfathered project shall continue to be subject to the applicable requirements of the following: (1) Section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ). (2) Section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ). (3) Section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). 4. Increased funding for water management improvement Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $700,000,000 and inserting $1,000,000,000 . 5. Annual report to congress on future western water storage projects (a) Definitions In this section: (1) Annual report The term annual report means a report required under subsection (b)(1). (2) Authorized reclamation project (A) In general The term authorized Reclamation project means a project authorized under— (i) section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ); (ii) section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ); or (iii) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (B) Exclusion The term authorized Reclamation project does not include a grandfathered project. (3) Authorizing committees of congress The term authorizing committees of Congress means— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (b) Annual report (1) In general Not later than February 1 of each year, the Secretary shall develop and submit to the authorizing committees of Congress a report, to be entitled Report to Congress on Future Water Storage Projects , that identifies each authorized Reclamation project that the Secretary has determined meets the criteria and eligibility requirements under subsection (a) or (b) of section 4007 of the WIIN Act ( 43 U.S.C. 390b note; Public Law 114–322 ), section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ), or section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ), as applicable. (2) Transparency For each authorized Reclamation project included in the annual report under paragraph (1), the Secretary shall include— (A) the name of the associated non-Federal entity, including the name of any non-Federal entity that has contributed, or is expected to contribute, a non-Federal share of the cost of the authorized Reclamation project; (B) a letter or statement of support from each associated non-Federal entity; and (C) a summary of the basis for the determination of the Secretary that the authorized Reclamation project meets the eligibility requirements referred to in paragraph (1), including an estimate, to the maximum extent practicable, of the monetary and nonmonetary benefits of the authorized Reclamation project. 6. Contracts for enhanced inspection (a) Definitions In this section: (1) Aging infrastructure The term aging infrastructure means any infrastructure subject to an enhanced inspection under this section that is associated with a facility that— (A) was constructed by the Bureau of Reclamation (or a precursor to the Bureau of Reclamation), in accordance with the reclamation laws; and (B) is greater than 50 years old as of the date of the enhanced inspection. (2) Enhanced inspection The term enhanced inspection means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly known as LiDAR ), ground penetrating radar, subsurface imaging, or subsurface geophysical techniques, to detect whether the features of aging infrastructure— (A) (i) are structurally sound; and (ii) can operate as intended; or (B) are at risk of failure. (3) Reclamation laws The term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. )). (b) Enhanced inspection (1) In general The Secretary may carry out enhanced inspections of aging infrastructure, pursuant to a contract with the owner or operator of the aging infrastructure. (2) Certain circumstances Subject to the availability of appropriations or funds otherwise available pursuant to subsection (d), the Secretary shall enter into a contract described in paragraph (1), if the owner or operator of the aging infrastructure requests that the Secretary carry out the enhanced inspections. (3) Reimbursability Any Federal funds used to carry out the enhanced inspections under this section are nonreimbursable. (c) Limitation The Secretary shall not require an owner or operator of a project under the jurisdiction of another Federal agency to carry out corrective or remedial actions in response to an enhanced inspection carried out under this section. (d) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended. (2) Acceptance of funds The Secretary may— (A) accept funds from an owner or operator of aging infrastructure to carry out an enhanced inspection of the aging infrastructure under this section; and (B) use the funds accepted under subparagraph (A) to carry out an enhanced inspection of the aging infrastructure pursuant to a contract entered into with the owner or operator under this section. 7. Reservoir sediment management (a) Definition of sediment management plan In this section, the term sediment management plan means a plan for— (1) preventing sediment from reducing water storage capacity at a reservoir; and (2) increasing water storage capacity through sediment removal at a reservoir. (b) Sediment management program The Secretary shall carry out a program for the development and implementation of sediment management plans for reservoirs owned by the Secretary, on request by project beneficiaries. (c) Plan elements A sediment management plan under subsection (b) shall— (1) provide opportunities for States, project beneficiaries, and other stakeholders to participate in sediment management decisions; (2) evaluate the volume of sediment in a reservoir and impacts on project purposes, including storage capacity; (3) identify sediment management options, including sediment dikes and dredging; (4) identify constraints; (5) assess technical feasibility, economic justification, and environmental impacts; (6) identify beneficial uses for sediment; and (7) to the maximum extent practicable, use, develop, and demonstrate innovative, cost-saving technologies, including structural and nonstructural technologies and designs, to manage sediment. (d) Justification In determining the economic justification of a sediment management plan under subsection (b), the Secretary shall— (1) measure and include flooding, erosion, and accretion damages upstream and downstream of the reservoir that are likely to occur as a result of sediment management within the reservoir compared to the damages that are likely to occur if the sediment management plan is not implemented; and (2) include— (A) lifecycle costs; and (B) a 100-year period of analysis. (e) Prioritization of sediment management plans In carrying out the program under this section, the Secretary shall give priority to developing and implementing sediment management plans that affect reservoirs that cross State lines. (f) Cost share (1) In general The beneficiaries requesting a sediment management plan shall share in the cost of development and implementation of the sediment management plan. (2) Allocation There shall be allocated— (A) among the beneficiaries described in paragraph (1) the reimbursable costs of developing and implementing the sediment management plan; and (B) to the Secretary the nonreimbursable costs of any other public benefits identified in the sediment management plan. (g) Contributed funds The Secretary may accept funds from non-Federal entities and other Federal agencies to develop and implement a sediment management plan under this section. (h) Guidance The Secretary shall use the knowledge gained through the development and implementation of sediment management plans under subsection (b) to develop guidance for sediment management at other reservoirs. (i) Partnership with the chief of engineers (1) In general The Secretary shall carry out the program established under this section in partnership with the Secretary of the Army, acting through the Chief of Engineers, which shall apply to reservoirs managed or owned by the Corps of Engineers. (2) Memorandum of agreement For sediment management plans that apply to a reservoir managed or owned by the Corps of Engineers under paragraph (1), the Secretary and the Secretary of the Army shall execute a memorandum of agreement establishing— (A) the framework for a partnership; and (B) the terms and conditions for sharing expertise and resources. (3) Payments The Secretary may accept and expend funds from the Secretary of the Army any work under this subsection at a reservoir managed or owned by Corps of Engineers. (4) Lead agency The Secretary or the Secretary of the Army, as applicable, based on who has primary jurisdiction over a reservoir, shall take the lead in developing and implementing a sediment management plan for the reservoir. (j) Other authorities not affected Nothing in this section affects— (1) sediment management; or (2) the share of costs paid by Federal and non-Federal entities relating to sediment management under any other provision of law (including regulations). (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000, to remain available until expended. 8. Elimination of Bureau of Reclamation maintenance backlog (a) In general The Secretary shall use amounts made available under subsection (b)— (1) to carry out activities to reduce or eliminate all major rehabilitation and replacement needs of the Bureau of Reclamation, as identified in an Asset Management Report (as defined in section 8601 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 505a )); or (2) to support the rehabilitation, reconstruction, or replacement of any dam— (A) the construction of which began on or after January 1, 1905; (B) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the Carey Act ) (28 Stat. 422, chapter 301; 43 U.S.C. 641 ); (C) that the Governor of the State in which the dam is located has— (i) determined reached the useful life of the dam; (ii) determined poses significant health and safety concerns; and (iii) requested Federal support; and (D) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for the period of fiscal years 2022 through 2026. (2) Reimbursement of costs Amounts made available to the Secretary under paragraph (1) for maintenance activities at reserved works and transferred works identified in the report described in subsection (a)(1) that are considered to be reimbursable costs under existing contracts shall be afforded the repayment terms provided under section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ).
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https://www.govinfo.gov/content/pkg/BILLS-117s2185is/xml/BILLS-117s2185is.xml
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117-s-2186
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II 117th CONGRESS 1st Session S. 2186 IN THE SENATE OF THE UNITED STATES June 23, 2021 Ms. Hirono (for herself, Mr. Van Hollen , Mr. Schatz , Mr. Merkley , Mr. Wyden , Mr. Markey , Ms. Cantwell , Ms. Baldwin , Ms. Klobuchar , Ms. Smith , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support educational entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education, and for other purposes.
1. Short title This Act may be cited as the Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2021 . 2. Findings Findings Congress finds the following: (1) Title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) (in this Act referred to as title IX ) and the implementing regulations of title IX prohibit sex discrimination in federally funded education programs and activities. (2) Although title IX requires that schools treat students equally with regard to athletic participation opportunities, athletic scholarships, and the benefits and services provided to athletic teams, female participation rates, especially for girls of color, lag far behind male participation rates. Nationally, for example, boys receive more than 1,130,000 more opportunities to play high school sports than girls. (3) Furthermore, a recent study from the Women’s Sports Foundation found that African-American youth and youth from low-income households were least likely to be current players (35 percent, and 28 percent respectively) and most likely to have never played sports (49 percent, and 54 percent respectively) compared to others. These disparities were especially prominent for girls from low-income families (25 percent current players, 58 percent never played) and African-American families (28 percent current players, 55 percent never played). The gaps in participation in high school sports have not significantly narrowed in the past 20 years—with 40 percent of predominantly minority-serving high schools having large gaps between the percentage of spots on teams for girls and the percentage of students who are girls (compared to only 16 percent of predominantly White high schools that have such gaps). (4) Female student athletes have been found to have higher levels of self-esteem, as well as reduced risk for cardiovascular disease, diabetes, osteoporosis, and breast cancer, compared to those who do not play sports. In addition, female student athletes are more likely to graduate from high school than female students who do not play sports. Girls who play sports in high school go on to earn 7 percent higher annual wages than those who do not play sports, and are more likely to enter the labor force and pursue higher-skill, previously male-dominated positions. Generally, sports participation for women is associated with a lower prevalence of experiencing intimate partner violence, reinforcing that athletic access not only strengthens health, educational, and workplace outcomes, but also personal safety. (5) Although the availability of athletic scholarships facilitates access to higher education, many institutions of higher education fail to award proportional athletic financial aid to women, which can affect their long-term employment outcomes and economic security. According to the Department of Education’s Equity in Athletics Disclosure Act data from 2019, male athletes at NCAA Division I and II schools received $240,000,000 more in athletic scholarships than female athletes at those schools. (6) Although title IX ensures gender equity in career and technical education, women are severely underrepresented in fields nontraditional to their gender. A recent study by the National Coalition for Women and Girls in Education indicated that women make up more than 80 percent of workers with training or certification in historically women-dominated occupations that pay less than $30,000 per year, including child care, early childhood education, home care, and cosmetology. Women represent less than 40 percent of workers trained or certified in high-paying and historically male-dominated fields, including transportation, advanced manufacturing, and construction. (7) Although title IX ensures gender equity in the fields of science, technology, engineering, and mathematics (in this section referred to as STEM ) education, women are disproportionately lost at nearly every stage of the STEM pipeline. A recent report by the National Center for Education Statistics showed that women earned only 32 percent of all STEM degrees in 2017, and nearly 1/2 of these women were White. Women of color earned about 12 percent of STEM degrees in that same year. Furthermore, in STEM fields where women are particularly underrepresented, such as computing and engineering, women earned an even smaller percentage of degrees, including only 19 percent of computing bachelor's degrees, and 21 percent of engineering bachelor's degrees. (8) Although title IX prohibits sex discrimination in employment in federally funded education programs, a recent report by the American Association of University Women found that women comprise only 36 percent of tenured faculty and 30 percent of university presidents. A similar study by the National Science Foundation confirmed that women only hold 34 percent of all tenured and tenure-track positions, and 27 percent of full professor positions in STEM fields. Furthermore, Black and Latina women, together, hold only 4 percent of all tenured and tenure-track positions, and barely over 2 percent of full professor positions in STEM fields. Asian-American women hold around 5 percent of all tenured and tenure-track positions, and less than 3 percent of full professor positions in STEM fields. (9) Although title IX protects against sexual and sex-based harassment and violence, more than 50 percent of girls and 40 percent of boys in grades 7 through 12 experience sexual harassment each year, and approximately 10 percent of high school students experience dating violence each year. A recent GLSEN report indicated that 87 percent of lesbian, gay, bisexual, transgender, queer, and questioning (referred to in this section as LGBTQ ) students have experienced harassment or assault based on a personal characteristic, and nearly 66 percent have experienced LGBTQ-related verbal harassment at school based on sexual orientation. Research has shown that LGBTQ students who experience harassment at school are more likely to experience depression and anxiety, to engage in unhealthy and antisocial behaviors, and to have more unexcused absences from school. (10) Although title IX prohibits discrimination on the basis of pregnancy or parenting status, the limited availability of accommodations, including lactation accommodations, excused absences for pregnancy-related medical conditions, and child care needs (including caring for a sick child) is a leading reasons that parenting mothers drop out of high school. A recent report by the National Women’s Law Center indicated that only half of teenage mothers earn a high school diploma by the age of 22, compared with 89 percent of women who do not have a child during their teenage years, and that one-third of young mothers will never get a diploma or GED, further limiting continuing opportunities for education and employment. (11) Although title IX protects against discrimination based on stereotypes of actual or perceived sex, many people carry implicit or unconscious biases that can unintentionally influence attitudes, beliefs, behaviors, and decision-making processes. Research has shown that unconscious biases can impact classroom environments, teaching methods, student evaluations, disciplinary practices, and career and counseling guidance, which can lead to discrimination against students based on race, color, national origin, and disability, particularly for students who are pursuing nontraditional fields. (12) Nationally, the Feminist Majority Foundation has estimated at least 100,000 title IX coordinators are needed, but a recent report only identified 23,000 title IX coordinators in 2016. The Feminist Majority Foundation has found that schools serving children in prekindergarten through grade 12 rarely have their own title IX coordinators. 3. Definitions In this Act: (1) ESEA definitions The terms elementary school , institution of higher education , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Director The term Director means the Director of the Office for Gender Equity established under section 5(a). (3) Educational entity The term educational entity means any of the following entities that receive Federal funds: (A) A State educational agency. (B) A local educational agency. (C) An institution of higher education. (D) An elementary school or secondary school. (4) Gender identity The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (5) National gender equity infrastructure The term national gender equity infrastructure means the horizontal and vertical network of title IX coordinators and their allies who work to advance gender equity and eliminate discrimination in the United States. (6) Secretary The term Secretary means the Secretary of Education. (7) Sex The term sex includes— (A) a sex stereotype; (B) pregnancy, childbirth, or a related medical condition; (C) sexual orientation or gender identity; and (D) sex characteristics, including intersex traits. (8) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (9) Title IX coordinator The term title IX coordinator means a responsible employee, as described in section 106.8(a) of title 34, Code of Federal Regulations, or successor regulations, designated to coordinate efforts under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ). 4. Purposes The purposes of this Act are to— (1) advance gender equity in education in the United States; (2) support educational entities so that such entities have the support to fully implement title IX; (3) provide title IX coordinators with training, technical assistance, and support to fully carry out their roles and responsibilities; (4) increase general awareness about the rights and obligations of individuals and entities under title IX; (5) identify, implement, and disseminate best practices for reducing and preventing sex discrimination in all areas of education; (6) promote educational environments that are safe and free of sexual and sex-based bullying, harassment, and violence; (7) promote equity in education for students who face discrimination based on multiple characteristics, including— (A) race and color; (B) ethnicity; (C) national origin; (D) disability status; (E) religion; (F) age; or (G) actual or perceived sex; and (8) promote activities that strengthen the national gender equity infrastructure. 5. Establishment of an Office for Gender Equity (a) In general The Secretary shall establish an Office for Gender Equity. The Director of the Office for Gender Equity shall be the Special Assistant for Gender Equity, as authorized under section 202(b)(3) of the Department of Education Organization Act ( 20 U.S.C. 3412(b)(3) ). The Director of the Office for Gender Equity shall report directly to the Secretary. (b) Duties The Office for Gender Equity shall be responsible for the following: (1) Supporting educational entities in the full implementation of title IX. (2) Providing title IX coordinators with training, technical assistance, and support to fully carry out their roles and responsibilities. (3) Providing grants to implement programs and activities that are focused on reducing and preventing sex discrimination in all areas of education. (4) Identifying and disseminating information and evidence-based best practices for reducing and preventing sex discrimination in all areas of education. (5) Maintaining an Office for Gender Equity resource center website to disseminate information and evidence-based best practices for achieving gender equity. (6) Performing any other activity consistent with achieving the purposes of this Act. (c) Coordination To carry out the purposes of this Act, the Secretary shall coordinate with other relevant Federal offices and agencies, including— (1) the White House Gender Policy Council; (2) the White House Domestic Policy Council; (3) the Office for Civil Rights of the Department of Education; (4) the Institute of Education Sciences; (5) the Women's Bureau of the Department of Labor; (6) the Office on Women's Health of the Department of Health and Human Services; (7) the Civil Rights Division of the Department of Justice; (8) the Office on Violence Against Women of the Department of Justice; (9) the Centers for Disease Control and Prevention; (10) the Office of Safe and Healthy Students of the Department of Education; and (11) other entities determined relevant for carrying out the purposes of this Act. 6. Support for title IX coordinators (a) In general The Director shall provide coordination, training, technical assistance, and support for title IX coordinators to ensure that educational entities are able to fully implement title IX and reduce and prevent sex discrimination in all areas of education. (b) Title IX coordinator training (1) In general Not less than once a year, the Director shall conduct a training for all title IX coordinators, which shall address the different needs of elementary and secondary schools and postsecondary institutions. The training may be conducted in partnership with a national organization with relevant expertise, and may be completed online or in person. (2) Contents of training The training described in paragraph (1) shall include the following information: (A) The role and responsibility of title IX coordinators. (B) Information and evidence-based best practices for increasing awareness about rights and obligations under title IX. (C) Information and evidence-based best practices for investigating and responding to claims of violations of title IX. (D) Information and evidence-based best practices for identifying and preventing implicit and explicit sex discrimination in all areas of education, including— (i) recruitment and admissions; (ii) teaching practices, textbooks, and curricula; (iii) campus safety and security; (iv) financial assistance; (v) access to facilities, resources, and housing; (vi) access to course offerings; (vii) student health services and insurance benefits; (viii) counseling and career guidance; (ix) athletics; (x) discipline policies; (xi) employment; and (xii) other areas that the Director determines are relevant for such purposes. (3) Application of Training (A) In General The Director shall take steps to ensure that the trainings described in paragraph (1)— (i) are adapted, as necessary, to address issues of sex discrimination at all levels of education; (ii) are updated with the latest information and evidence-based best practices; and (iii) address recent trends in sex discrimination. (B) Attention to discrimination based on multiple characteristics The Director shall take steps to ensure that such trainings include attention to students who face discrimination based on multiple characteristics, including— (i) race and color; (ii) ethnicity; (iii) national origin; (iv) disability status; (v) religion; (vi) age; or (vii) actual or perceived sex. (C) Evaluation The Director shall— (i) develop and conduct pre- and post-training evaluations to assess the effectiveness of such trainings in improving the knowledge of the roles and responsibilities of title IX coordinators; and (ii) use such evaluations to update the title IX coordinator trainings annually. (c) Handbook for conducting title IX compliance self-Evaluations The Director shall develop a handbook for conducting self-evaluations of compliance with title IX in all areas of education, as described in subsection (b)(2)(D). (d) Assessment of title IX coordinator support The Director shall collect relevant data and statistics on all title IX coordinators, including demographic information for gender, race, and ethnicity, salary information, budgets, and primary roles, in order to make recommendations for improving title IX coordinator support. (e) Dissemination The Director shall ensure that the workplace contact information of all title IX coordinators and any training materials or information developed under this section are made available on the Office for Gender Equity resource center website, described in section 5(b)(5). 7. Support for local implementation (a) Grants authorized (1) In general The Secretary, acting through the Director, is authorized to award grants to eligible entities to support such eligible entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education. (2) Eligible Entity In this section, the term eligible entity means— (A) a State educational agency; (B) a local educational agency; (C) an institution of higher education; (D) an elementary school or secondary school; or (E) a partnership consisting of— (i) an entity described in subparagraphs (A) through (D); and (ii) a national organization with relevant expertise, or another entity that the Secretary determines has relevant expertise. (b) Use of funds An eligible entity receiving a grant shall use such funds to carry out programs and activities designed to fully implement title IX and prevent and reduce sex discrimination, including programs and activities that— (1) increase awareness of and counteract sex stereotypes, biases, and discrimination; (2) include trainings for students, teachers, faculty, and all personnel to learn about best practices for reducing and preventing sex discrimination in all areas of education; (3) increase access to school, campus, and community resources, facilities, and course offerings; (4) support title IX coordinators in performing outreach, advocacy, and education about title IX and reducing and preventing sex discrimination; (5) are aimed at identifying patterns or systemic problems in compliance with title IX; (6) strengthen prevention education and awareness programs regarding sexual and sex-based harassment and violence; (7) develop, conduct and analyze evidence-based campus climate and victimization surveys; (8) include institutional assessment activities to identify areas and causes of gender inequities; (9) make efforts to improve progress on gender equity indicators as described in subsection (c)(2)(A); (10) make efforts to improve accuracy in measurement, data collection, and reporting of gender equity indicators as described in subsection (c)(2)(A); and (11) make efforts to strengthen the national gender equity infrastructure, which may include hiring a dedicated employee to serve as a title IX coordinator. (c) Applications (1) In general An eligible entity 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 reasonably require. (2) Contents of application Each application submitted by an eligible entity under this section shall include the following: (A) A description of locally defined and documented gender equity needs and priorities, which may include any of the following indicators: (i) Academic indicators, including performance on State assessments, enrollment, admission, attrition, time to completion, and graduation rates. (ii) Civil rights data, including statistics on bullying, harassment, violence, discipline, and expulsion. (iii) Campus climate and victimization data. (iv) Employment data. (v) Athletics equity data. (vi) Attendance and absenteeism data. (vii) Evidence of burden on title IX coordinators, including coordinator to student ratio and competing responsibilities. (viii) Other documentation of need that the Secretary determines is relevant. (B) A description of the evidence that will serve as the basis for the activities that the eligible entity proposes to carry out using grant funds under this section. (C) A description of the activities that the eligible entity proposes to carry out using grant funds under this section. (D) A description of how the proposed activities will be adapted, as necessary, to meet the needs of students who face discrimination based on multiple characteristics, including— (i) race and color; (ii) ethnicity; (iii) national origin; (iv) disability status; (v) religion; (vi) age; or (vii) actual or perceived sex. (E) A description of how the proposed activities will help the eligible entity fully implement title IX. (F) A description of a plan for how the proposed activities under this section will continue with local support following completion of the grant period and termination of Federal funding. (G) A description of how the proposed activities are a significant component of a comprehensive plan for gender equity in education and full implementation of title IX. (d) Rule of construction Nothing in this section shall be construed as prohibiting persons of any sex or gender from participating in any of the programs or activities funded under this section. (e) Award basis (1) Merit review Grants shall be awarded under this section on a competitive basis. (2) Priorities (A) In General The Secretary shall establish criteria for determining which eligible entities shall have priority in receiving a grant under this section. (B) Level of priority The criteria described in subparagraph (A) may include a consideration of the extent to which the application demonstrates that the eligible entity— (i) has demonstrated a high need for gender equity assistance based on indicators described in subsection (c)(2)(A) and a high commitment to addressing these issues; (ii) will address the needs of students who face discrimination based on multiple characteristics, including— (I) race and color; (II) ethnicity; (III) national origin; (IV) disability status; (V) religion; (VI) age; or (VII) actual or perceived sex; (iii) will address relevant issues of national significance through solutions that can be replicated; (iv) will implement an institutional change strategy with a long-term impact that will continue to be a central activity of the eligible entity upon termination of the grant; (v) will serve a high percentage of low-income students; and (vi) will serve a high percentage of racially diverse students. (C) Special rule To the extent practicable, the Secretary shall ensure that grants awarded under this section, for each fiscal year, address— (i) all levels of education, including— (I) elementary and secondary education; (II) undergraduate and graduate education; (III) postdoctoral education and research; (IV) career and technical education; and (V) adult education; (ii) all regions of the United States; and (iii) urban, rural, and suburban educational entities. (f) Evaluation and dissemination (1) Evaluation (A) In General Each eligible entity that receives a grant under this section shall conduct an assessment about the extent to which the eligible entity made progress on the indicators under subsection (c)(2)(A). (B) Assessment An eligible entity may work in partnership with the Institute of Education Sciences to conduct such assessment. (C) Use by secretary Not later than 1 year after receiving the grant award, the eligible entity shall submit a report to the Secretary containing the results of such assessment. The Secretary shall use those reports in order to build the knowledge base on promising models for preventing and reducing sex discrimination across all areas and levels of education. (2) Dissemination The Secretary shall coordinate with the Director of the Institute of Education Sciences and other relevant Federal offices and agencies to— (A) ensure that the results of the activities carried out under this section are made readily available on the Office for Gender Equity resource center website; and (B) widely disseminate the results described in subparagraph (A) to relevant Federal offices, and agencies, educational entities and the general public. 8. Research and development (a) In general The Secretary shall coordinate with the Director of the Institute of Education Sciences and other relevant Federal offices and agencies and entities to investigate, identify, and disseminate best practices to fully implement title IX and reduce and prevent sex discrimination in all areas of education, including— (1) the reduction and prevention of sex stereotyping, bias, and discrimination in curricula, textbooks, software, and other educational materials; (2) the development of policies and programs to— (A) address and prevent sexual and sex-based harassment and violence; (B) ensure that schools and campuses are free from threats to the safety of students, teachers, faculty, and personnel; and (C) ensure athletic programs are equitable; (3) the development and evaluation of— (A) counseling and career guidance training; and (B) programs to reduce and prevent sex stereotyping, bias, and discrimination; (4) best practices for mitigating implicit bias in teaching, discipline, and all areas of education; (5) best practices for addressing the needs of students who face discrimination based on multiple characteristics, including— (A) race and color; (B) ethnicity; (C) national origin; (D) disability status; (E) religion; (F) age; or (G) actual or perceived sex; and (6) other activities that the Secretary determines are consistent with the purposes of this Act. (b) Dissemination The best practices described under subsection (a) shall be published on the Office for Gender Equity resource center website, as described in section 5(b)(5), and the What Works Clearinghouse website of the Institute of Education Sciences. 9. Report; dissemination (a) Report to Congress Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall publish a report on the steps the Department of Education has taken to— (1) support educational entities in fully implementing title IX and reducing and preventing sex discrimination; (2) provide coordination, training, and resources for title IX coordinators to fully carry out their roles and responsibilities; and (3) promote equity in education for students who face discrimination based on multiple characteristics, including— (A) race and color; (B) ethnicity; (C) national origin; (D) disability status; (E) religion; (F) age; or (G) actual or perceived sex. (b) Dissemination The Secretary shall coordinate with the Director of the Institute of Education Sciences and the heads of relevant Federal agencies to ensure that the results of trainings, activities, evaluations, and research developments under this Act are made readily available on the Office for Gender Equity resource center website and disseminated widely to other relevant Federal agencies and offices, educational entities, and the general public. 10. Rule of Construction Nothing in this Act shall be construed— (1) as modifying any provision of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); or (2) as affecting the enforcement of such title by the Department of Education, the Department of Justice, or any other Federal agency. 11. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act $160,000,000 for each of fiscal years 2022 through 2026. (b) Use From amounts made available to carry out this Act for each fiscal year, the Secretary shall use not less than $140,000,000 of such amounts to award grants under section 7.
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https://www.govinfo.gov/content/pkg/BILLS-117s2186is/xml/BILLS-117s2186is.xml
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117-s-2187
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II 117th CONGRESS 1st Session S. 2187 IN THE SENATE OF THE UNITED STATES June 23, 2021 Ms. Warren (for herself, Mr. Markey , Mr. Murphy , Ms. Baldwin , Mr. Sanders , Mr. Kaine , Mr. Cardin , Mr. Booker , Mr. Casey , Mr. Blumenthal , Mr. Van Hollen , Ms. Duckworth , Mr. Padilla , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Biomedical Innovation Fund , and for other purposes.
1. Short title This Act may be cited as the National Biomedical Research Act . 2. Definitions In this Act: (1) Discretionary appropriations The term discretionary appropriations has the meaning given such term in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 ). (2) Fund The term Fund means the Biomedical Innovation Fund established under section 3(a). (3) Minimum amount The term minimum amount , with respect to the applicable entity and for an applicable fiscal year— (A) means the amount equal to the greatest amount of discretionary appropriations appropriated to such entity for a fiscal year during the period beginning with fiscal year 2021 and ending with the fiscal year before the applicable fiscal year; and (B) does not include— (i) any reduction in an appropriation under a sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ); (ii) amounts collected by the Secretary of Health and Human Services under subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379f et seq. ); (iii) amounts distributed under section 3(c)(2); or (iv) amounts appropriated under a supplemental or emergency appropriation Act. 3. Biomedical Innovation Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Biomedical Innovation Fund , to be administered by the Secretary of the Treasury, consisting of— (1) the amounts transferred to the Fund under subsection (b); and (2) any interest earned on the investment of such amounts under subsection (d). (b) Commitment to biomedical innovation Not later than September 1, 2021, and every year thereafter through 2030, the Secretary of the Treasury shall transfer $10,000,000,000 from the general fund of the Treasury into the Fund. (c) Distribution of amounts (1) Calculation of annual fund amount For fiscal year 2021 and each fiscal year thereafter, not later than 15 days after the latter of the date of enactment of an appropriation Act making full fiscal year appropriations for such fiscal year to the entity described in paragraph (2)(A) and the date of enactment of an appropriation Act making full fiscal year appropriations for such fiscal year to the entity described in paragraph (2)(B), the Secretary of the Treasury shall calculate the total amount in the Fund that is available to be distributed for such fiscal year in accordance with paragraph (2). (2) Distribution of amounts in the Fund Subject to the other provisions of this section, not later than 30 days after a calculation is made under paragraph (1) for a fiscal year, the Secretary of the Treasury shall distribute the amount available to be distributed for such fiscal year to each of the following entities: (A) The National Institutes of Health. (B) The Food and Drug Administration. (3) Ratio The amount that the Secretary of the Treasury distributes to an entity described in subparagraph (A) or (B) of paragraph (2) during a fiscal year shall bear the same relation to the total amount calculated under paragraph (1) for such fiscal year as the amount of discretionary appropriations appropriated to such entity for such fiscal year bears to the total amount of discretionary appropriations appropriated to the entities described in subparagraphs (A) and (B) of paragraph (2) for such fiscal year. (4) Requirements for distribution (A) In general The Secretary of the Treasury shall distribute amounts in the Fund during a fiscal year in accordance with paragraph (2) only if— (i) the discretionary appropriations for the entity described in paragraph (2)(A) is greater than the applicable minimum amount for such entity for such fiscal year; and (ii) the discretionary appropriations for the entity described in paragraph (2)(B) is greater than the applicable minimum amount for such entity for such fiscal year. (B) Subsequent law impacting distribution (i) Below minimum amount If a law is enacted or becomes effective after amounts are appropriated to each entity described in subparagraph (A) or (B) of paragraph (2) for a fiscal year and such law decreases the amount appropriated to either such entity for such fiscal year from an amount that is greater than the applicable minimum amount to an amount that is less than or equal to such minimum amount, any amounts that were distributed by the Secretary of the Treasury under paragraph (2) shall remain so distributed for such fiscal year. (ii) Above minimum amount If a law is enacted or becomes effective after amounts are appropriated for a fiscal year to each entity described in subparagraph (A) or (B) of paragraph (2) and such law increases the amount appropriated to either such entity for such fiscal year from an amount that is less than or equal to the minimum amount to an amount that is greater than such minimum amount, and all other conditions for distribution under this paragraph are met for the fiscal year, the amounts in the Fund shall be distributed by the Secretary of the Treasury under paragraph (2) for such fiscal year. (C) Failure to meet requirements If the requirements under subparagraph (A) are not met during a fiscal year, amounts in the Fund shall— (i) not be distributed under paragraph (2); and (ii) remain in the Fund, earning interest in accordance with subsection (d), until such requirements, or the conditions under subsection (f), are met during a fiscal year. (5) Allocations (A) In general If amounts are distributed under paragraph (2) during a fiscal year, of the amounts so distributed— (i) 20 percent shall become available for obligation during the fiscal year during which the distribution is made; (ii) 20 percent shall become available for obligation during the first fiscal year after the fiscal year during which the distribution is made; (iii) 20 percent shall become available for obligation during the second fiscal year after the fiscal year during which the distribution is made; (iv) 20 percent shall become available for obligation during the third fiscal year after the fiscal year during which the distribution is made; and (v) 20 percent shall become available for obligation during the fourth fiscal year after the fiscal year during which the distribution is made. (B) Availability of amounts Any amounts distributed under paragraph (2) shall remain available until expended. (6) Authorized uses Amounts distributed under paragraph (2) from the Fund shall be used to support— (A) basic research on the underlying basis for disease to better address disease prevention, diagnosis, and treatment; (B) research that fosters disruptive innovation, such as— (i) research on diseases or conditions for which treatments exist but are inadequate, including chronic and acute pain; (ii) research on diseases or conditions for which there are unmet medical needs; (iii) research on diseases or conditions for which treatments exist but the side effect profiles of such treatments limit therapeutic potential; (iv) research on new approaches to treatment of diseases using drugs, devices, or therapies that, at the time of distribution under paragraph (2), are not used or are underused; or (v) research conducted by experienced investigators with a history of productive and innovative research, such that funding provides long-term stability for such research and allows such investigators to take greater risks, be more adventurous in their lines of inquiry, or take the time to develop groundbreaking techniques; (C) research related to diseases that disproportionally account for Federal health care spending, including spending under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the State Children’s Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ), the TRICARE program under chapter 55 of title 10, United States Code, and hospital care and medical services furnished by the Department of Veterans Affairs under chapters 17 and 18 of title 38, United States Code, such as research relating to— (i) diseases that disproportionally impact older individuals; (ii) degenerative diseases; or (iii) chronic conditions; (D) early career scientists, such as through— (i) awarding research project grants that support discrete, specified, and circumscribed projects to be performed by the investigator in an area representing the specific interests and competencies of such investigator, to investigators— (I) who are within 10 years of completing a terminal research degree; or (II) who are within 10 years of completing a medical residency; (ii) awarding grants that support career development experiences that lead to earlier research independence; and (iii) awarding grants that support innovative training programs that, in addition to scientific training, provide additional training to enhance employment opportunities, including training in management and business, to— (I) graduate students; (II) post-doctoral fellows; (III) individuals within 10 years of completing a terminal research degree; or (IV) individuals within 10 years of completing a medical residency; (E) research efforts that increase the potential for breakthrough discoveries across a diverse set of investigators, research groups, and institutions, which may include supporting— (i) investigators that are members of traditionally underrepresented racial and ethnic groups; (ii) research groups that are diverse in size; or (iii) institutions that increase the geographic diversity of funding provided by the National Institutes of Health; (F) the development, review, and post-market surveillance of medical products, as determined by the Secretary of Health and Human Services; and (G) research to carry out the goals of the strategy and implementation plan for advancing science to promote public health and advance innovation in regulatory decision making developed under section 1124 of the Food and Drug Administration Safety and Innovation Act ( 21 U.S.C. 393 note), and other such research activities to improve the predictability, consistency, and efficiency of science-based decision making concerning medical products, including facilitating the timely introduction of new technologies and methodologies in a safe and effective manner as determined by the Secretary of Health and Human Services. (7) Interagency transfers Amounts distributed from the Fund under paragraph (2) shall be available through interagency transfer to support research conducted jointly by the National Institutes of Health or the Food and Dug Administration and other Federal agencies. (d) Investment of fund balances (1) In general Amounts in the Fund shall be invested in interest-bearing obligations of the United States in the form of special-issue securities, paying interest to the Fund at rates applicable to such securities, and such amounts shall be redeemable by the Secretary of the Treasury, for purposes of distribution under subsection (c)(2). (2) Distributed amounts Any amounts that have been distributed during a fiscal year under subsection (c)(2) shall not be considered amounts in the Fund for the purpose of this subsection. (e) Prohibition Amounts in the Fund may not be made available for any use other than a use described in subsection (c)(6). (f) Transfer To reduce the deficit (1) In general Subject to paragraph (2), if amounts in the Fund are not distributed by the Secretary of the Treasury under subsection (c)(2) for any 3 consecutive fiscal years, the Secretary of the Treasury shall transfer all amounts in the Fund to the general fund of the Treasury for purposes of reducing the Federal deficit. (2) Year of distribution For purposes of paragraph (1), 3 fiscal years shall not be deemed to be consecutive if during any of such years the Secretary of the Treasury has transferred all amounts in the Fund into the general fund of the Treasury in accordance with such paragraph. (g) Reports (1) Secretary reports (A) In general Not later than November 30, 2022, and every year thereafter through 2031 the Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees a report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, each of the following: (i) A statement of the amounts, and the source of such amounts, transferred to, credited to, and deposited into the Fund. (ii) A description of any amounts distributed under subsection (c)(2) during the fiscal year. (iii) A statement of the balance remaining in the Fund at the end of the fiscal year. (iv) A statement of the amounts invested in interest-bearing obligations of the United States, and the interest earned on such investments. (2) Agency reports (A) Annual reporting For each fiscal year in which amounts are available for obligation under subsection (c)(5), the Director of the National Institutes of Health and the Commissioner of Food and Drugs shall report on the use of such amounts in the annual budget submission for such fiscal year of the National Institutes of Health and the Food and Drug Administration, respectively. (B) NIH reports Section 403(a) of the Public Health Service Act ( 42 U.S.C. 283(a) ) is amended by adding at the end the following: (7) A summary of the use of funds distributed under section 3(c)(2)(A) of the National Biomedical Research Act to the National Institutes of Health from the Biomedical Innovation Fund, established under section 3(a) of such Act, including the amounts allocated to each national research institute and national center, the projects funded by such amounts, the accomplishments that have resulted from such amounts, and the goals for future use of such amounts. . (C) FDA reports For each 3-year period beginning on the date of enactment of this Act, if amounts are distributed under subsection (c)(2)(B) to the Food and Drug Administration for any fiscal year during such 3-year period, the Commissioner of Food and Drugs shall submit, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report that describes the allocation of such amounts within the Food and Drug Administration, the projects funded by such amounts, the accomplishments that have resulted from such amounts, and the goals for future use of such amounts. 4. Budgetary provisions (a) Discretionary spending limits The Office of Management and Budget shall not include amounts distributed under section 3(c)(2) during a fiscal year in determining whether there has been a breach of the discretionary spending limits under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) during the fiscal year. (b) Budget enforcement If a bill or joint resolution, or amendment thereto or conference report thereon, if enacted, would cause amounts to be distributed under section 3(c)(2), the Chairperson of the Committee on the Budget of the House of Representatives and Chairperson of the Committee on the Budget of the Senate shall not include the budgetary effects of such distribution for purposes of enforcement of budgetary allocations, aggregates, levels, and limits in the House of Representatives and the Senate. 5. Offsets It is the sense of the Senate that the amounts transferred under section 3(b) should be offset completely.
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https://www.govinfo.gov/content/pkg/BILLS-117s2187is/xml/BILLS-117s2187is.xml
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117-s-2188
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II 117th CONGRESS 1st Session S. 2188 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Blumenthal (for himself, Mr. Cardin , Mr. Merkley , Mr. Markey , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To establish the Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans.
1. Short title This Act may be cited as the Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans Act . 2. Establishment and duties (a) Establishment There is established the Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans (in this Act referred to as the Commission ). (b) Duties The Commission shall perform the following duties: (1) Identify and compile a corpus of information about the history of military policy regarding homosexuality, from 1778 onward. The Commission’s documentation shall include facts related to— (A) the history of military policy regarding LGBTQ sexual orientation and gender identity, including— (i) blue discharges and other forms of discharge based on sexual orientation that rendered former members of the Armed Forces ineligible for veterans’ benefits; (ii) military documents published in 1942 that linked homosexuality to psychopathy; (iii) 1963 Army Regulation 40-501, which banned gender transitioned or transitioning members of the Armed Forces under the reasoning that they were mentally unfit ; and (iv) the Department of Defense directive dated 1981 that unequivocally stated that homosexuality was incompatible with military service and banning all homosexual individuals from service; and (B) the arguments that led to the creation of the Don’t Ask, Don’t Tell policy, including the claims that openly homosexual members of the military inhibited combat-readiness and unit cohesion. (2) Hold public hearings in such cities of the United States as it finds appropriate, and do community outreach and other public relations efforts in order to advertise such hearings and the opportunity to give testimony. (3) Gather testimonies, written and oral, from LGBTQ members of the Armed Forces and veterans about their experiences, both anonymously and with names given. (4) Examine the impacts that discriminatory policy had on the physical and mental well-being of members of the Armed Forces. (5) Examine the lasting impacts, including psychological, financial, and employment-related, that military policy has had on veterans and members of the Armed Forces who were discharged due to their sexual orientation or gender identity. (6) Examine disparate impact that policies such as the Don’t Ask, Don’t Tell policy and the Transgender Service Ban had on minority groups in the Armed Forces, particularly racial minorities and women. (7) Recommend appropriate ways to educate the American public about institutionalized and Government-sanctioned discrimination. (8) Recommend appropriate remedies to address findings of the Commission, including how— (A) the Government may offer an apology for enforcing discrimination that led to psychological, emotional, and physical harm of United States troops and their families; (B) discharge upgrades and record amendment may be streamlined through the Boards for Correction of Military Records, including improving the transparency and accessibility of records by the members of the Armed Forces to whom they pertain; (C) the service of LGBTQ individuals in the Armed Forces may be made more visible in materials distributed by the Secretaries of Defense and Veterans Affairs; (D) diversity and inclusion policies of the Department of Defense may be revised, and how resources may be committed to diversity training; and (E) health care, furnished by such Secretaries to members of the Armed Forces and for veterans, may include more resources to meeting the needs of LGBTQ patients, including improved data collection on LGBTQ patients, mental health counseling, and other medical necessities. (9) Submit a written report of its findings to Congress not later than one year after the date of the first meeting of the Commission. 3. Membership (a) In general The Commission shall be composed of 16 members, appointed not later than 30 days after the date of the enactment of this Act, as follows: (1) Seven members appointed by the President, at least four of whom shall represent historical societies, nonprofits, research institutions, or advocacy organizations— (A) that represent veterans from a diversity of service populations, across age range, tour of service, and era served; and (B) at least two of which represent organizations that focus on transgender veterans and members of the Armed Forces. (2) Three members appointed by the Speaker of the House of Representatives, including one member each from— (A) the Committee on Armed Services of the House of Representatives; (B) the Committee on Veterans’ Affairs of the House of Representatives; and (C) the Congressional LGBTQ+ Equality Caucus. (3) Two members appointed by the President pro tempore of the Senate. (4) Two members appointed by the Secretary of Defense. (5) Two members appointed by the Secretary of Veterans Affairs. (b) Qualifications All members of the Commission shall be persons who are exceptionally qualified to serve on the Commission by virtue of their education, training, activism, or experience, particularly in the fields of advocating for LGBTQ members of the Armed Forces and veterans. (c) Terms Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (d) First meeting The President shall call the first meeting of the Commission not later than 120 days after the date of the enactment of this Act or 30 days after the date of the enactment of legislation making appropriations to carry out this Act, whichever date is later. (e) Quorum Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chair and Vice Chair The Commission shall elect a Chair and Vice Chair from among its members. The term of office for each shall be for the life of the Commission. (g) Compensation (1) In general Except as provided in paragraph (2), each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay established for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties vested in the Commission. (2) Federal employees A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of the member’s service to the Commission. (3) Travel expenses All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by the members in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. 4. Powers of the Commission (a) Hearings and meetings The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and meet and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Powers of subcommittees and members Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. (c) Obtaining official data The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Federal Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law. 5. Administrative provisions (a) Staff The Commission may, without regard to the civil service laws and regulations, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of certain civil service laws The personnel of the Commission may be appointed without regard to the provisions of title, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the rate of basic pay of any employee of the Commission may not exceed the rate of basic pay established for a position at level V of the Executive Schedule under section 5316 of such title. (c) Experts and consultants The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay established for a position at level V of the Executive Schedule under section 5316 of such title. (d) Administrative support services The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator. (e) Contracts The Commission may— (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and (2) enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. 6. Termination The Commission shall terminate 90 days after the date on which the Commission submits its report to Congress under section 2(b)(9).
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https://www.govinfo.gov/content/pkg/BILLS-117s2188is/xml/BILLS-117s2188is.xml
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117-s-2189
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II 117th CONGRESS 1st Session S. 2189 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Tuberville (for himself, Mr. Cramer , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hyperbaric oxygen therapy to certain veterans with traumatic brain injury or post-traumatic stress disorder.
1. Short title This Act may be cited as the HBOT Access Act of 2021 . 2. Findings Congress finds the following: (1) The suicide rate among veterans is 18 per day. (2) Veterans are at a higher risk of suicide than the general population of the United States and Congress must provide continued support at the Federal, State, and local levels to combat the pandemic of veteran suicide. (3) Veterans deserve every opportunity to enjoy the freedom that they fought for overseas. (4) The Department of Veterans Affairs should consider and establish alternate treatments for traumatic brain injury and post-traumatic stress disorder that do not require prescription drugs, opioids, or invasive procedures. (5) Hyperbaric oxygen therapy is a proven treatment for symptoms of traumatic brain injury and post-traumatic stress disorder and should be accessible to veterans who are at a high-risk of suicide or self-harm. 3. Hyperbaric oxygen therapy for veterans with traumatic brain injury or post-traumatic stress disorder (a) Hyperbaric oxygen therapy for veterans (1) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1710E the following new section: 1710F. Traumatic brain injury and post-traumatic stress disorder: hyperbaric oxygen therapy (a) Authority The Secretary shall furnish hyperbaric oxygen therapy through a health care provider described in section 1703(c)(5) of this title to a veteran who— (1) has a condition specified in subsection (b); (2) is at a high risk of suicide or self harm, as determined by the Secretary of Veterans Affairs or the Secretary of Defense; and (3) has used not fewer than two evidence-based treatment options for such condition. (b) Covered conditions The conditions specified in this subsection are the following: (1) Traumatic brain injury. (2) Post-traumatic stress disorder. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1710E the following new item: 1710F. Traumatic brain injury and post-traumatic stress disorder: hyperbaric oxygen therapy. . (b) Inclusion of information in study Section 702(d) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 ( Public Law 116–171 ; 134 Stat. 828) is amended— (1) in paragraph (1), by inserting under section 1710F of title 38, United States Code, or before through ; and (2) in paragraph (2), by inserting under section 1710F of title 38, United States Code, or before through .
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https://www.govinfo.gov/content/pkg/BILLS-117s2189is/xml/BILLS-117s2189is.xml
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117-s-2190
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II 117th CONGRESS 1st Session S. 2190 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Young (for himself, Mr. King , Ms. Cantwell , Mr. Kennedy , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish the Task Force on the Impact of the Affordable Housing Crisis, and for other purposes.
1. Short title This Act may be cited as the Task Force on the Impact of the Affordable Housing Crisis Act of 2021 . 2. Purpose of Task Force The purpose of this Act is to establish the Task Force on the Impact of the Affordable Housing Crisis, which shall— (1) evaluate and quantify the impact that a lack of affordable housing has on other areas of life and life outcomes; (2) evaluate and quantify the costs incurred by other Federal, State, and local programs due to a lack of affordable housing; and (3) make recommendations to Congress on how to use affordable housing to improve the effectiveness of other Federal programs and improve life outcomes. 3. Definitions In this Act: (1) Affordable housing (A) In general The term affordable housing means— (i) housing for which the household is required to pay not more than 30 percent of the household income for gross housing costs, including utilities, where such income is less than or equal to the area median income for the municipality in which the housing is located, as determined by the Secretary; and (ii) housing— (I) for which the household pays more than 30 percent of the household income for gross housing costs, including utilities, where such income is less than or equal to the area median income for the municipality in which the housing is located, as determined by the Secretary; and (II) that is assisted or considered affordable by the Department of Housing and Urban Development, including— (aa) public housing; (bb) housing assisted under section 8(o) of such Act ( 42 U.S.C. 1437f(o) ); (cc) housing receiving the low-income housing credit under section 42 of the Internal Revenue Code; and (dd) housing assisted under other Federal or local housing programs serving households with incomes at or below 80 percent of the area median income or providing services or amenities that will primarily be used by low-income housing. (B) Application The definition in subparagraph (A) shall apply to Federal, State, and local affordable housing programs. (2) Low-income housing; public housing The terms low-income housing and public housing have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. (4) Task Force The term Task Force means the Task Force on the Impact of the Affordable Housing Crisis established under section 4(a). 4. Establishment of Task Force (a) Establishment There is established a bipartisan task force to be known as the Task Force on the Impact of the Affordable Housing Crisis. (b) Membership (1) Composition The Task Force shall be composed of 18 members, of whom— (A) 1 member shall be appointed by the Majority Leader of the Senate and the Speaker of the House of Representatives, who shall serve as co-chair of the Task Force; (B) 1 member shall be appointed by the Minority Leader of the Senate and the Minority Leader of the House of Representatives, who shall serve as co-chair of the Task Force; (C) 4 members shall be appointed by the Majority Leader of the Senate; (D) 4 members shall be appointed by the Minority Leader of the Senate; (E) 4 members shall be appointed by the Speaker of the House of Representatives; and (F) 4 members shall be appointed by the Minority Leader of the House of Representatives. (2) Criteria Each member of the Task Force shall be an academic researcher, an expert in a field or policy area related to the purpose of the Task Force, or an individual who has experience with government programs related to the purpose of the Task Force. (3) Additional staff The co-chairs of the Task Force may appoint and fix the pay of additional staff to the Task Force. (4) Detailees Any Federal Government employee may be detailed to the Task Force without reimbursement from the Task Force, and the detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (5) Compensation of members Members of the Task Force may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. (c) Timing of Appointments Appointments to the Task Force shall be made not later than 180 days after the date of enactment of this Act. (d) Period of appointment; vacancies (1) In general A member of the Task Force shall be appointed for the life of the Task Force. (2) Vacancies Any vacancy in the Task Force— (A) shall not affect the powers of the Task Force; and (B) shall be filled in the same manner as the original appointment. (e) Initial meeting The Task Force shall meet not later than 30 days after the date on which a majority of the members of the Task Force have been appointed. (f) Meetings (1) In general The Task Force shall meet at the call of the co-chairs of the Task Force. (2) Quorum A majority of the members of the Task Force shall constitute a quorum, but a lesser number of members may hold hearings. 5. Duties of the Task Force (a) In general The Task Force shall utilize available survey and statistical data related to the purpose of the Task Force to complete a comprehensive report to— (1) evaluate and quantify the impact that a lack of affordable housing has on other areas of life and life outcomes for individuals living in the United States, including— (A) education; (B) employment; (C) income level; (D) health; (E) nutrition; (F) access to transportation; (G) the poverty level of the neighborhood in which individuals live; (H) regional economic growth; (I) neighborhood and rural community stability and revitalization; and (J) other areas of life and life outcomes related to the purpose of the Task Force necessary to complete a comprehensive report; (2) evaluate and quantify the costs incurred by other Federal, State, and local programs due to a lack of affordable housing; and (3) make recommendations to Congress on how to use affordable housing to improve the effectiveness of other Federal programs and improve life outcomes for individuals living in the United States. (b) Public comment The Task Force shall publish in the Federal Register a notice for a public comment period of 90 days on the purpose and activities of the Task Force. (c) Report Not later than the date on which the Task Force terminates, the Task Force shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate and the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives and make publicly available a final report that— (1) contains the information, evaluations, and recommendations described in subsection (a); and (2) is signed by each member of the Task Force. 6. Powers of Task Force (a) Hearings The Task Force may hold such hearings, take such testimony, and receive such evidence as the Task Force considers advisable to carry out this Act. (b) Information from federal agencies (1) In general The Task Force may secure directly from any Federal department or agency such information as the Task Force considers necessary to carry out this Act. (2) Furnishing information On request of the co-chairs of the Task Force, the head of a Federal department or agency described in paragraph (1) shall furnish the information to the Task Force. (c) Postal Services The Task Force may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. 7. Termination of Task Force The Task Force shall terminate not later than 2 years after the date on which all members of the Task Force are appointed under section 4. 8. Funding There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years 2022 through 2025.
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https://www.govinfo.gov/content/pkg/BILLS-117s2190is/xml/BILLS-117s2190is.xml
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117-s-2191
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II 117th CONGRESS 1st Session S. 2191 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Peters (for himself and Mrs. Capito ) 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 exclude certain post-graduation scholarship grants from gross income in the same manner as qualified scholarships to promote economic growth.
1. Short title This Act may be cited as the Workforce Development Through Post-Graduation Scholarships Act of 2021 . 2. Post-graduation scholarship grants excluded from gross income in same manner as qualified scholarships (a) In general Section 117(a) of the Internal Revenue Code of 1986 is amended— (1) by striking the period at the end and inserting , or , (2) by striking any amount received and inserting the following: any amount which— (1) is received , and (3) by adding at the end the following new paragraph: (2) is received as a post-graduation scholarship grant paid on behalf of an individual. . (b) Post-Graduation scholarship grant Section 117(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2) Post-graduation scholarship grant (A) In general The term post-graduation scholarship grant means any grant program— (i) which is established by an organization which— (I) is described in section 501(c)(3) and exempt from tax under section 501(a), and (II) is either a private foundation or community trust described in section 170(b)(1)(A)(vi) (other than an organization established by an organization described in section 170(b)(1)(A)(ii) or an organization described in section 170(b)(1)(A)(iii) the principal purpose or function of which is the provision of medical education), (ii) under which, in accordance with the conditions of a grant, such organization repays any portion of an applicable education loan incurred by an individual, (iii) which requires a grantee to live and work in an applicable community, (iv) under which payments are made directly to the holder of the loan, and (v) which is not provided to an employee of the granting organization or a related entity of the granting organization. (B) Applicable education loan For purposes of subparagraph (A), the term applicable education loan means, with respect to any individual, a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses (as defined in section 221(d)(2)) of such individual. (C) Applicable community For purposes of subparagraph (A), the term applicable community means any area that has a bachelor’s degree attainment rate for the population that is below the state or national average for such population (as determined based on data collected by the Census Bureau). . (c) Amount not treated as taxable expenditure by private foundation Section 4945(g) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , or , and by adding at the end the following new paragraph: (4) the grant is a post-graduation scholarship grant (as defined in section 117(b)(2)). . (d) Denial of double benefit Section 221(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) Denial of double benefit in case of post-graduation scholarship grants Any interest which is paid as part of a post-graduation scholarship grant and excluded from gross income under section 117 shall not be taken into account under this section. . (e) Regulatory authority Section 117 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Regulations The Secretary shall prescribe such reporting requirements and regulations as may be necessary or appropriate to carry out subsection (a)(2). . (f) Reports (1) Secretary of Treasury Not later than 3 years after the date of the enactment of this Act, and periodically thereafter, the Secretary of the Treasury, or the Secretary’s delegate, shall submit to Congress a report on the implementation and effectiveness of the amendments made by this section. (2) Comptroller General (A) In general Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall publish the result of a study on post-graduation scholarship grants to which section 117 of the Internal Revenue Code of 1986 (as amended by this section) applies. (B) Contents of report The information published under subparagraph (A) shall include the following: (i) The length of time involved in such grants. (ii) The amount paid out under such grants. (iii) The disposition of any funds paid under such grants, including the identity of any loan holders who benefit from such funds. (g) 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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https://www.govinfo.gov/content/pkg/BILLS-117s2191is/xml/BILLS-117s2191is.xml
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117-s-2192
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II 117th CONGRESS 1st Session S. 2192 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mrs. Gillibrand (for herself, Mr. Sanders , Mr. Booker , Mr. Padilla , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to require that supplemental nutrition assistance program benefits be calculated using the value of the low-cost food plan, and for other purposes.
1. Short title This Act may be cited as the Closing the Meal Gap Act of 2021 . 2. Calculation of program benefits using low-cost food plan (a) Definition of low-Cost food plan Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) by striking subsection (u); (2) by redesignating subsections (n) through (t) as subsections (o) through (u), respectively; and (3) by inserting after subsection (m) the following: (n) Low-Cost food plan (1) In general The term low-cost food plan means the diet, determined in accordance with the calculations of the Secretary, required to feed a 4-person family that consists of— (A) a man and a woman who are each between 19 and 50 years of age; (B) a child who is between 6 and 8 years of age; and (C) a child who is between 9 and 11 years of age. (2) Reevaluation By December 31, 2027, and at 5-year intervals thereafter, the Secretary shall reevaluate and publish the market baskets of the low-cost food plan, based on current food prices, food composition data, consumption patterns, and dietary guidance. (3) Cost For purposes of paragraph (1), the cost of the diet described in that paragraph shall be the basis for uniform allotments for all households regardless of the actual composition of the household, except that the Secretary shall— (A) make household-size adjustments (based on the unrounded cost of that diet) taking into account economies of scale; (B) make cost adjustments in the low-cost food plan for the State of Hawaii and the urban and rural parts of the State of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska, respectively; (C) make cost adjustments in the separate low-cost food plans for Guam, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands, to reflect the cost of food in those territories, but not to exceed the cost of food in the 50 States and the District of Columbia; and (D) on October 1, 2021, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the immediately preceding June, and round the result to the nearest lower-dollar increment for each household size. . (b) Value of allotment Section 8(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2017(a) ) is amended— (1) by striking thrifty food plan each place it appears and inserting low-cost food plan ; and (2) in the proviso, by striking 8 percent and inserting 10 percent . (c) Quality control system Section 16(c)(1)(A)(ii) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c)(1)(A)(ii) ) is amended— (1) in subclause (II)— (A) by striking thrifty food plan is adjusted under section 3(u)(4) and inserting low-cost food plan is adjusted under section 3(n)(3)(D) ; and (B) by striking 2013 and inserting 2022 ; (2) by redesignating subclause (II) as subclause (III); and (3) by striking subclause (I) and inserting the following: (I) for fiscal year 2021, at an amount not greater than $50; (II) for fiscal year 2022, the amount specified in subclause (I) adjusted by the difference between the thrifty food plan (as defined in section 3 (as in effect on the day before the date of enactment of the Closing the Meal Gap Act of 2021 )) and the low-cost food plan; and . (d) Conforming amendments (1) Section 10 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2019 ) is amended, in the first sentence, by striking 3(o)(4) and inserting 3(p)(4) . (2) Section 11 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020 ) is amended— (A) in subsection (a)(2), by striking 3(s)(1) and inserting 3(t)(1) ; (B) in subsection (d)— (i) by striking 3(s)(1) each place it appears and inserting 3(t)(1) ; (ii) by striking 3(s)(2) each place it appears and inserting 3(t)(2) ; and (iii) by striking Act ( 25 U.S.C. 450 ) and inserting and Education Assistance Act ( 25 U.S.C. 3501 et seq. ) ; and (C) in subsection (e)(17), by striking 3(s)(1) and inserting 3(t)(1) . (3) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028(a)(2)(A)(ii) ) is amended by striking thrifty food plan has been adjusted under section 3(u)(4) and inserting low-cost food plan has been adjusted under section 3(n)(3)(D) . (4) Section 27(a)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a)(2) ) is amended— (A) in subparagraph (C)— (i) by striking through 2023 and inserting through 2020 ; and (ii) by inserting (as in effect on the day before the date of enactment of the Closing the Meal Gap Act of 2021 ) after section 3(u)(4) ; (B) in subparagraph (D)— (i) in the matter preceding clause (i), by striking through 2023 and inserting through 2020 ; (ii) in clause (v), by adding and after the semicolon; and (iii) by striking clauses (vii) through (ix); (C) in subparagraph (E), by striking subparagraph (D)(ix) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) and inserting subparagraph (F) adjusted by the percentage by which the low-cost food plan has been adjusted under section 3(n)(3)(D) ; (D) by redesignating subparagraph (E) as subparagraph (G); and (E) by inserting after subparagraph (D) the following: (E) for fiscal year 2021, the sum obtained by adding— (i) the dollar amount of commodities specified in subparagraph (B) adjusted by the difference between the thrifty food plan (as defined in section 3 (as in effect on the day before the date of enactment of the Closing the Meal Gap Act of 2021 )) and the low-cost food plan; and (ii) $35,000,000; (F) for each of fiscal years 2022 and 2023, the sum obtained by adding— (i) the dollar amount of commodities specified in subparagraph (B) adjusted by the percentage by which the low-cost food plan has been adjusted under section 3(u)(4) between June 30, 2021, and June 30 of the immediately preceding fiscal year; and (ii) $35,000,000; and . (5) Section 408(a)(12)(B)(i) of the Social Security Act ( 42 U.S.C. 608(a)(12)(B)(i) ) is amended by striking (r) each place it appears. 3. Deductions from income (a) Standard medical expense deduction Section 5(e)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(5) ) is amended— (1) in the paragraph heading, by striking Excess medical and inserting Medical ; (2) in subparagraph (A), by striking an excess medical and all that follows through the period at the end and inserting a standard medical deduction or a medical expense deduction of actual costs for the allowable medical expenses incurred by the elderly or disabled member, exclusive of special diets. ; (3) in subparagraph (B)(i), by striking excess ; and (4) by adding at the end the following: (D) Standard medical expense deduction amount (i) In general Except as provided in clause (ii), the standard medical expense deduction shall be— (I) for fiscal year 2021, $140; and (II) for each subsequent fiscal year, equal to the applicable amount for the immediately preceding fiscal year as adjusted to reflect changes for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers: Medical Care published by the Bureau of Labor Statistics of the Department of Labor. (ii) Exception For any fiscal year, a State agency may establish a greater standard medical expense deduction than described in clause (i) if the greater deduction satisfies cost neutrality standards established by the Secretary for that fiscal year. . (b) Elimination of cap of excess shelter expenses (1) In general Section 5(e)(6) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6) ) is amended— (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (2) Conforming amendment Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2)(A) ) is amended by striking 5(e)(6)(C)(iv)(I) of that Act ( 7 U.S.C. 2014(e)(6)(C)(iv)(I) ) and inserting 5(e)(6)(B)(iv)(I) of that Act ( 7 U.S.C. 2014(e)(6)(B)(iv)(I) ) . 4. Elimination of time limit (a) In general Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (1) by striking subsection (o); and (2) by redesignating subsections (p) through (s) as subsections (o) through (r), respectively. (b) Additional allocations for States that ensure availability of work opportunities Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C)(iv)(I)— (i) by striking (F)(viii) each place it appears and inserting (E)(viii) ; (ii) by striking (F)(vii)(I) each place it appears and inserting (E)(vii)(I) ; (iii) in item (bb)(BB), by striking (F)(vii)(II) and inserting (E)(vii)(II) ; and (iv) in item (cc), by striking (F)(vii) and inserting (E)(vii) ; (B) by striking subparagraph (E); and (C) by redesignating subparagraph (F) as subparagraph (E); (2) in paragraphs (3) and (4), by striking (1)(F) each place it appears and inserting (1)(E) ; and (3) in paragraph (5)(C)— (A) in clause (ii), by adding and at the end; (B) in clause (iii), by striking ; and and inserting a period; and (C) by striking clause (iv). (c) Conforming amendments (1) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (A) in subsection (a), in the second sentence, by striking (r) and inserting (q) ; and (B) in subsection (g)(3), in the first sentence, by striking 16(h)(1)(F) and inserting 16(h)(1)(E) . (2) Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended— (A) in subparagraph (B)(ii)(I)(bb)(DD), by striking or subsection (o) ; and (B) in subparagraph (N), by striking or subsection (o) each place it appears. (3) Section 7(i)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(i)(1) ) is amended by striking section 6(o)(2) of this Act or . (4) Section 16(h)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h) ) is amended— (A) in subparagraph (B), in the matter preceding clause (i), by striking that— and all that follows through the period at the end of clause (ii) and inserting that is determined and adjusted by the Secretary. ; and (B) in clause (ii)(III)(ee)(AA) of subparagraph (E) (as redesignated by subsection (b)(1)(C)), by striking , individuals subject to the requirements under section 6(o), . (5) Section 51(d)(8)(A)(ii) of the Internal Revenue Code of 1986 is amended— (A) in subclause (I), by striking , or at the end and inserting a period; (B) in the matter preceding subclause (I), by striking family— and all that follows through receiving in subclause (I) and inserting family receiving ; and (C) by striking subclause (II). (6) Section 103(a)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3113 ) is amended— (A) by striking subparagraph (D); and (B) by redesignating subparagraphs (E) through (K) as subparagraphs (D) through (J), respectively. (7) Section 121(b)(2)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3151 ) is amended— (A) by striking clause (iv); and (B) by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively. 5. Participation of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assistance program (a) Definition of State Subsection (s) of section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) (as redesignated by section 2(a)(2)) is amended by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam, . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (c), in the undesignated matter at the end, by striking States or Guam and inserting States, Guam, the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands ; and (2) by adding at the end the following: (o) Puerto Rico, American Samoa, and the Northern Mariana Islands Notwithstanding any other provision of this Act, including the requirements under this section, the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands shall each establish their own standards of eligibility for participation by households in the supplemental nutrition assistance program. . (c) Effective date (1) In general The amendments made by subsections (a) and (b) shall be effective with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, as applicable, on the date described in paragraph (2) if the Secretary of Agriculture submits to Congress a certification under subsection (f)(2)(B) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ). (2) Date described The date referred to in paragraph (1) is, with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, the date established by the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands, respectively, in the applicable plan of operation submitted to the Secretary of Agriculture under subsection (f)(1)(A) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ). 6. Transition of Puerto Rico, American Samoa, and the Northern Mariana Islands to supplemental nutrition assistance program Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) the Commonwealth of the Northern Mariana Islands. ; and (2) by adding at the end the following: (f) Transition of Puerto Rico, American Samoa, and the Northern Mariana Islands to supplemental nutrition assistance program (1) Request for participation A governmental entity may submit to the Secretary a request to participate in the supplemental nutrition assistance program, which shall include a plan of operation described in section 11(d), which shall include the date on which the governmental entity intends to begin participation in the program. (2) Certification by Secretary (A) In general The Secretary shall certify a governmental entity that submits a request under paragraph (1) as qualified to participate in the supplemental nutrition assistance program if the Secretary— (i) approves the plan of operation submitted with the request, in accordance with this subsection; and (ii) approves the applications described in paragraph (4) in accordance with that paragraph. (B) Submission of certification to Congress The Secretary shall submit each certification under subparagraph (A) to Congress. (3) Determination of plan of operation (A) Approval The Secretary shall approve a plan of operation submitted with a request under paragraph (1) if the plan satisfies the requirements under this Act for a plan of operation. (B) Disapproval If the Secretary does not approve a plan of operation submitted with a request under paragraph (1), the Secretary shall provide to the governmental entity a statement that describes each requirement under this Act that is not satisfied by the plan. (4) Approval of retail food stores (A) Solicitation of applications If the Secretary approves a plan of operation under paragraph (3)(A) for a governmental entity, the Secretary shall accept applications from retail food stores located in that governmental entity to be authorized under section 9 to participate in the supplemental nutrition assistance program. (B) Determination The Secretary shall authorize a retail food store applying to participate in the supplemental nutrition assistance program under subparagraph (A) if the application satisfies the requirements under this Act for authorization of a retail food store. (5) Puerto Rico In the case of a request under paragraph (1) by the Commonwealth of Puerto Rico, notwithstanding subsection (g), the Secretary shall allow the Commonwealth of Puerto Rico to continue to carry out under the supplemental nutrition assistance program the Family Market Program established pursuant to this section. (6) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this subsection such sums as are necessary for fiscal year 2021, to remain available until expended. (g) Termination of effectiveness (1) In general Subsections (a) through (e) shall cease to be effective with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, as applicable, on the date described in paragraph (2) if the Secretary submits to Congress a certification under subsection (f)(2)(B) for that governmental entity. (2) Date described The date referred to in paragraph (1) is, with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, the date established by the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands, respectively, in the applicable plan of operation submitted to the Secretary under subsection (f)(1)(A). .
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https://www.govinfo.gov/content/pkg/BILLS-117s2192is/xml/BILLS-117s2192is.xml
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117-s-2193
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II 117th CONGRESS 1st Session S. 2193 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Braun (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that an employment relationship is not established between a franchisor and a franchisee if the franchisor engages in certain activities, and for other purposes.
1. Short title This Act may be cited as the Protections for Socially Good Activities Act . 2. Definitions In this Act: (1) Employment relationship The term employment relationship means any type of joint employer relationship, single employer relationship, or other employment-related status or relationship under any of the laws described in section 3(b). (2) Franchisee The term franchisee means a franchisee, as defined— (A) in section 436.1(i) of title 16, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (B) under an applicable State franchise law. (3) Franchisor The term franchisor means a franchisor, as defined— (A) in section 436.1(k) of title 16, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (B) under an applicable State franchise law. 3. Safe harbor (a) In general For the purposes of each law described in subsection (b), none of the following may be construed, alone or in combination with any other factor, as establishing an employment relationship between a franchisor (or any employee of the franchisor) and a franchisee (or any employee of the franchisee): (1) The franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with, or requires the franchisee (or any employee of the franchisee) to use, a handbook, or other training, on sexual harassment, human trafficking, workplace violence, discrimination, or opportunities for apprenticeships or scholarships. (2) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, childcare, or paid leave, including a requirement for the franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. (3) The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy based on the novel coronavirus (referred to in this paragraph as COVID–19 ) pandemic such as the use of personal protective equipment or other policies, or the franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with personal protective equipment or other material goods or compensation to help the franchisee (or any employee of the franchisee) during or due to the COVID–19 pandemic. (b) Laws The laws described in this subsection are each of the following: (1) The National Labor Relations Act ( 29 U.S.C. 151 et seq. ). (2) The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (3) The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ). 4. Preemption Except with respect to the definitions of the terms franchisee and franchisor under section 2, this Act shall preempt any State law to the extent that such State law is inconsistent with the provisions of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2193is/xml/BILLS-117s2193is.xml
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117-s-2194
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II 117th CONGRESS 1st Session S. 2194 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Cardin (for himself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend, and for other purposes.
1. Short title This Act may be cited as the Coastal Habitat Conservation Act of 2021 . 2. Findings and purpose (a) Findings Congress finds that— (1) an effective means of conserving and recovering Federal trust species and promoting self-sustaining populations of those species is to protect, conserve, restore, and enhance the habitats of the species; (2) coastal ecosystems are highly dynamic areas that provide valuable breeding, nursery, staging, and resting areas for a rich diversity of fish, shellfish, migratory birds, and mammals; (3) coastal areas support— (A) 40 percent of the refuges within the National Wildlife Refuge System; (B) 40 percent of the threatened species or endangered species, including 75 percent of the listed mammals and birds, under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) 50 percent of the fisheries conservation activities of the Service; (4) although coastal counties make up only 10 percent of total contiguous United States land area, coastal areas are home to more than 40 percent of the human population of the United States, which is placing enormous pressure on coastal ecosystems; (5) because coastal deterioration can cause fragmentation and landward migration of coastal ecosystems, as well as create new habitats along shorelines, it has become necessary to incorporate adaptation assistance into coastal ecosystem management strategies; (6) in addition to serving as fish and wildlife habitat, coastal ecosystems— (A) serve as an important source of food; (B) protect coastal communities, including infrastructure in those communities, against floods; (C) filter polluted runoff; and (D) provide valuable commercial and recreational benefits to coastal communities and the United States; (7) (A) fish and wildlife conservation is a responsibility shared by citizens and government; and (B) public-private partnerships should be supported through technical assistance and financial assistance to conduct coastal habitat assessment, protection, planning, restoration, and enhancement projects in coastal ecosystems; (8) successful fish and wildlife conservation increasingly relies on interdependent partnerships in which priority setting, planning, and conservation delivery are collaborative endeavors; (9) since 1985, the Service has administered the Coastal Program through which the Service works with willing partners to assess, protect, plan, restore, and enhance coastal ecosystems, including coastal wetlands and watersheds, uplands, and riparian and in-stream habitats, that provide significant benefits to Federal trust species; (10) through the Coastal Program, the Service provides strategic conservation planning and design at the regional and landscape scales, and integrates the resources of the Service to address priorities identified by partners; and (11) the Coastal Program of the Service complements and enhances the National Coastal Wetlands Conservation Grant Program under section 305 of the Coastal Wetlands Planning, Protection and Restoration Act ( 16 U.S.C. 3954 ), which provides matching grants to coastal States to support long-term conservation of coastal wetlands and associated habitats. (b) Purpose The purpose of this Act is to legislatively authorize the Coastal Program of the Service in effect as of the date of enactment of this Act to conduct collaborative landscape-level planning and on-the-ground coastal habitat protection, restoration, and enhancement projects in priority coastal areas to conserve and recover Federal trust species. 3. Definitions In this Act: (1) Coastal area The term coastal area means a marine or freshwater area within or adjacent to a coastal State, including— (A) a coastal wetland or watershed; (B) coastal water; (C) a coastal bay; (D) a coastline; and (E) an estuary and associated upland. (2) Coastal ecosystem The term coastal ecosystem means an ecological community that provides fish and wildlife habitat in coastal areas. (3) Coastal habitat assessment The term coastal habitat assessment means the process of evaluating the physical, chemical, and biological function of a coastal site to determine the value of the site to fish and wildlife. (4) Coastal habitat enhancement The term coastal habitat enhancement means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem to increase or decrease specific biological functions that make the ecosystem valuable to fish and wildlife. (5) Coastal habitat planning The term coastal habitat planning means the process of developing a comprehensive plan that— (A) characterizes a coastal ecosystem; (B) sets protection, restoration, or enhancement goals, and identifies the priorities of those goals; (C) describes conservation strategies and methodologies; (D) establishes a timetable for implementation of the plan; and (E) identifies roles of participants and stakeholders. (6) Coastal habitat protection (A) In general The term coastal habitat protection means a long-term action to safeguard habitats of importance to fish and wildlife species in a coastal ecosystem. (B) Inclusion The term coastal habitat protection includes activities to support establishment of conservation easements or fee-title acquisition by Federal and non-Federal partners. (7) Coastal habitat restoration The term coastal habitat restoration means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem with the goal of returning, to the maximum extent practicable, the full natural biological functions to lost or degraded native habitat. (8) Coastal State The term coastal State means— (A) a State in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, the Long Island Sound, or 1 or more of the Great Lakes; (B) the Commonwealth of Puerto Rico; (C) Guam; (D) American Samoa; (E) the Commonwealth of the Northern Mariana Islands; (F) the Federated States of Micronesia; (G) the Republic of the Marshall Islands; (H) the Republic of Palau; and (I) the United States Virgin Islands. (9) Federal trust species The term Federal trust species means— (A) a species listed as a threatened species or an endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) a species of migratory bird; (C) a species of interjurisdictional fish; (D) any species of marine mammal, as identified by the Secretary; and (E) any other species of concern, as determined by the Secretary. (10) Financial assistance The term financial assistance means Federal funding support provided to eligible recipients through a grant or cooperative agreement. (11) Secretary The term Secretary means the Secretary of the Interior. (12) Service The term Service means the United States Fish and Wildlife Service. (13) Technical assistance The term technical assistance means a collaboration, facilitation, or consulting action relating to a habitat protection, planning, restoration, or enhancement project or initiative in which the Service contributes scientific knowledge, skills, and expertise to a project or program. 4. Coastal program The Secretary shall carry out the Coastal Program within the Service— (1) to identify the most important natural resource problems and solutions in priority coastal ecosystems in partnership with— (A) Federal, State, local, and Tribal governments; (B) nongovernmental institutions; (C) nonprofit organizations; (D) private individuals; and (E) corporations; (2) to provide technical assistance and financial assistance through partnerships with Federal, State, local, and Tribal governments, nongovernmental institutions, nonprofit organizations, private individuals, and corporations to conduct voluntary coastal habitat assessment, protection, planning, restoration, and enhancement projects on public land or private land; (3) to ensure the health and resilience of coastal ecosystems through adaptive management procedures based on the best available science; (4) to build the capacity of Federal, State, local, and Tribal governments, nongovernmental institutions, nonprofit organizations, private individuals, and corporations to carry out environmental conservation and stewardship measures; (5) to assist in the development and implementation of monitoring protocols to ensure the success of coastal ecosystem restoration and enhancement measures; and (6) to collaborate and share information with partners and the public relating to best management practices for the conservation, restoration, and enhancement of coastal ecosystems. 5. Reports (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary, acting through the Director of the Service, shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives, and make available to the public on the website of the Service, a report on the Coastal Program carried out under this Act. (b) Requirements Each report submitted under subsection (a) shall assess on regional and nationwide bases— (1) Coastal Program work on coastal ecosystems; (2) progress made by the Coastal Program toward identifying the most important natural resource problems and solutions in priority ecosystems; and (3) prospects for, and success of, protecting, restoring, and enhancing coastal ecosystems. (c) Inclusions Each report submitted under subsection (a) shall include— (1) quantitative information on coastal areas protected, restored, or enhanced; (2) funds appropriated to the Coastal Program that have been expended or leveraged; (3) a description of adaptive management practices implemented; and (4) recommendations, if any, for additional research, management, or legislation needed to fully— (A) address problems and implement solutions in coastal ecosystems; and (B) achieve the objectives of this Act. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $20,000,000 for fiscal year 2022; (2) $21,250,000 for fiscal year 2023; (3) $22,500,000 for fiscal year 2024; (4) $23,750,000 for fiscal year 2025; and (5) $25,000,000 for fiscal year 2026.
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117-s-2195
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II 117th CONGRESS 1st Session S. 2195 IN THE SENATE OF THE UNITED STATES June 23, 2021 Ms. Hirono 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 make all fact sheets of the Department of Veterans Affairs available in English, Spanish, and Tagalog, and other commonly spoken languages, and for other purposes.
1. Short title This Act may be cited as the Veterans and Family Information Act of 2021 . 2. Availability of Department of Veterans Affairs fact sheets in commonly spoken languages (a) Languages The Secretary of Veterans Affairs shall make available versions of all fact sheets of the Department of Veterans Affairs in— (1) English; (2) Spanish; (3) Tagalog; and (4) each of the 10 most commonly spoken languages, other than English, in the United States that are not otherwise covered by paragraphs (2) and (3). (b) Website (1) In general The Secretary shall establish and maintain a publicly available website of the Department that contains links to all fact sheets of the Veterans Benefits Administration, Veterans Health Administration, and of the National Cemetery Administration. (2) Access to website The Secretary shall ensure that the website established under paragraph (1) is accessible by a clearly labeled hyperlink on the homepage of the Department. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report regarding fact sheets described in subsection (a) and details of the Language Access Plan of the Department of Veteran Affairs. (2) Contents The report required by paragraph (1) shall include the following: (A) What the Secretary determines constitutes a fact sheet of the Department for purposes of this section. (B) How such fact sheets are used and distributed other than on and through the website of the Department. (C) How such Language Access Plan is communicated to veterans, family members of veterans, and caregivers. (D) The roles and responsibilities of patient advocates in the coordination of care for veterans with limited English proficiency, family members of such veterans, and caregivers. (E) Other demographic information that the Secretary determines appropriate regarding veterans with limited English proficiency.
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117-s-2196
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II 117th CONGRESS 1st Session S. 2196 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Daines 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 expand the list of categories of essential travel into the United States at land ports of entry along the United States-Canada border, and for other purposes.
1. Short title This Act may be cited as the Restoring Northern Border Travel Act . 2. Restoring travel at the United States-Canada border (a) In general Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security shall expand the list of permitted essential travel into the United States at land ports of entry along the United States-Canada border to include the following categories: (1) An individual traveling to visit a member, who is a United States citizen or permanent resident, of the immediate or extended family of such individual. (2) An individual traveling to visit property, including boats, within the United States owned or leased by such individual. (3) An individual traveling to the United States to attended business meetings or site-visits. (4) An individual traveling directly to a United States airport to board a flight to a United States or international destination. (b) Plan for full reopening Not later than 20 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress and begin implementation of a plan to fully restore nonessential travel into the United States at land ports of entry along the United States-Canada border. (c) Applicability This section applies to only those restrictions (and the related relief sought in accordance with this section) in place pursuant to section 318(b)(2) of the Tariff Act of 1930 ( 19 U.S.C. 1318(b)(2) ) at land ports of entry along the United States-Canada border due to the COVID–19 public health emergency as in effect on the date of the enactment of this Act.
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117-s-2197
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II 117th CONGRESS 1st Session S. 2197 IN THE SENATE OF THE UNITED STATES June 23, 2021 Ms. Rosen (for herself, Mr. Sullivan , Mr. Tester , Mrs. Capito , Mr. Luján , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to increase the Federal medical assistance percentage for States that provide Medicaid coverage for telehealth services.
1. Short title This Act may be cited as the Rural and Frontier Telehealth Expansion Act . 2. Increased FMAP for States providing Medicaid coverage for telehealth services Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended, in the first sentence— (1) by striking and (5) and inserting (5) ; and (2) by inserting , and (6) in the case of a frontier State (as defined in section 1886(d)(3)(E)(iii)(II)) or a State where less than 90 percent of the total population has access to fixed terrestrial broadband service with at least 25 megabits per second (Mbps) download speed and 3 Mbps upload speed (according to the most recently available annual Broadband Deployment Report of the Federal Communications Commission) that, as determined by the Secretary, provides medical assistance for telehealth services (including audio-only telehealth services) for a majority of the services for which medical assistance is available under the State plan (or a waiver of such plan) and for which telehealth is appropriate and provides such services at a level that is not less than the level at which the State provided such services on January 1, 2021, the Federal medical assistance percentage, as determined under this subsection and subsection (y), shall be increased by 5 percentage points with respect to medical assistance for telehealth services before the period.
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https://www.govinfo.gov/content/pkg/BILLS-117s2197is/xml/BILLS-117s2197is.xml
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117-s-2198
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II 117th CONGRESS 1st Session S. 2198 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Carl D. Perkins Career and Technical Education Act of 2006 to give the Department of Education the authority to award competitive grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk students in middle school and high school in developing cognitive and social-emotional skills to prepare them for success in high school, postsecondary education, and the workforce.
1. Short title This Act may be cited as the Mentoring to Succeed Act of 2021 . 2. Purpose The purpose of this Act is to make assistance available for school-based mentoring programs for at-risk students in order to— (1) establish, expand, or support school-based mentoring programs; (2) assist at-risk students in middle school and high school in developing cognitive and social-emotional skills; and (3) prepare such at-risk students for success in high school, postsecondary education, and the workforce. 3. School-based mentoring program Part C of title I of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2351 et seq. ) is amended by adding at the end the following: 136. Distribution of funds for school-based mentoring programs (a) Definitions In this section: (1) At-risk student The term at-risk student means a student who— (A) is failing academically or at risk of dropping out of school; (B) is pregnant or a parent; (C) is a gang member; (D) is a child or youth in foster care or a youth who has been emancipated from foster care, but is still enrolled in high school; (E) is or has recently been a homeless child or youth; (F) is chronically absent; (G) has changed schools 3 or more times in the past 6 months; (H) has come in contact with the juvenile justice system in the past; (I) has a history of multiple suspensions or disciplinary actions; (J) is an English learner; (K) has one or both parents incarcerated; (L) has experienced one or more adverse childhood experiences, traumatic events, or toxic stressors, as assessed through an evidence-based screening; (M) lives in a high-poverty area with a high rate of community violence; (N) has a disability; or (O) shows signs of alcohol or drug misuse or abuse or has a parent or guardian who is struggling with substance abuse. (2) Disability The term disability has the meaning given the term for purposes of section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ). (3) Eligible entity The term eligible entity — (A) means a high-need local educational agency, high-need school, or local government entity; and (B) may include a partnership between an entity described in subparagraph (A) and a nonprofit, community-based, or faith-based organization, or institution of higher education. (4) English learner The term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Foster care The term foster care has the meaning given the term in section 1355.20 of title 45, Code of Federal Regulations. (6) High-need local educational agency The term high-need local educational agency means a local educational agency that serves at least one high-need school. (7) High-need school The term high-need school has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631(b) ). (8) Homeless children and youths The term homeless children and youths has the meaning given the term in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (9) School-based mentoring The term school-based mentoring means a structured, managed, evidenced-based program conducted in partnership with teachers, administrators, school psychologists, school social workers or counselors, and other school staff, in which at-risk students are appropriately matched with screened and trained professional or volunteer mentors who provide guidance, support, and encouragement, involving meetings, group-based sessions, and educational and workforce-related activities on a regular basis to prepare at-risk students for success in high school, postsecondary education, and the workforce. (b) School-Based mentoring competitive grant program (1) In general The Secretary shall award grants on a competitive basis to eligible entities to establish, expand, or support school-based mentoring programs that— (A) are designed to assist at-risk students in high-need schools in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce by linking them with mentors who— (i) have received mentor training, including on trauma-informed practices, youth engagement, cultural competency, and social-emotional learning; and (ii) have been screened using appropriate reference checks and criminal background checks; (B) provide coaching and technical assistance to mentors in each such mentoring program; (C) seek to— (i) improve the academic achievement of at-risk students; (ii) reduce dropout rates and absenteeism and improve school engagement of at-risk students and their families; (iii) reduce juvenile justice involvement of at-risk students; (iv) foster positive relationships between at-risk students and their peers, teachers, other adults, and family members; (v) develop the workforce readiness skills of at-risk students by exploring paths to employment, including encouraging students with disabilities to explore transition services; and (vi) increase the participation of at-risk students in community service activities; and (D) encourage at-risk students to set goals and plan for their futures, including making plans and identifying goals for postsecondary education and the workforce. (2) Duration The Secretary shall award grants under this section for a period not to exceed 5 years. (3) Application To receive a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (A) a needs assessment that includes baseline data on the measures described in paragraph (6)(A)(ii); and (B) a plan to meet the requirements of paragraph (1). (4) Priority In selecting grant recipients, the Secretary shall give priority to applicants that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide at-risk students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, resume writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; and (C) seek to provide match lengths between at-risk students and mentors for at least 1 academic year. (5) Use of funds An eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for mentors, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care or youth who have been emancipated from foster care, but are still enrolled in high school; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, and train mentors; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, resume writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; and (E) conduct program evaluation, including by acquiring and analyzing the data described under paragraph (6). (6) Reporting requirements (A) In general Not later than 6 months after the end of each academic year during the grant period, an eligible entity receiving a grant under this section shall submit to the Secretary a report that includes— (i) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds; (ii) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of students in the program; (iii) the number of group sessions and number of one-to-one contacts between students in the program and their mentors; (iv) the average attendance of students enrolled in the program; (v) the number of students with disabilities connected to transition services; (vi) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (vii) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (B) Student privacy An eligible entity shall ensure that the report submitted under subparagraph (A) is prepared in a manner that protects the privacy rights of each student in accordance with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ). (7) Mentoring resources and community service coordination (A) Technical assistance The Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (i) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (ii) provide grantees under this section with information regarding transitional services for at-risk students returning from correctional facilities and transition services for students with disabilities. (B) Coordination The Secretary shall, to the extent possible, coordinate with the Corporation for National and Community Service, including through entering into an interagency agreement or a memorandum of understanding, to support mentoring and community service-related activities for at-risk students. (c) Authorization of funds There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2027. . 4. Institute of Education Sciences study on school-based mentoring programs (a) In general The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall conduct a study to— (1) identify successful school-based mentoring programs and effective strategies for administering and monitoring such programs; (2) evaluate the role of mentors in promoting cognitive development and social-emotional learning to enhance academic achievement and to improve workforce readiness; and (3) evaluate the effectiveness of the grant program under section 136 of the Carl D. Perkins Career and Technical Education Act of 2006, as added by section 3, on student academic outcomes and youth career development. (b) Timing Not later than 3 years after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall submit the results of the study to the appropriate congressional committees.
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117-s-2199
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II 117th CONGRESS 1st Session S. 2199 IN THE SENATE OF THE UNITED STATES June 23, 2021 Ms. Rosen (for herself, Mr. Hoeven , Mr. King , Mr. Risch , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system, and for other purposes.
1. Short title This Act may be cited as the Cyber Sense Act of 2020 . 2. Cyber Sense program (a) Definitions In this section: (1) Bulk-power system The term bulk-power system has the meaning given the term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (2) Critical electric infrastructure The term critical electric infrastructure has the meaning given the term in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) ). (3) Program The term program means the voluntary Cyber Sense program established under subsection (b). (4) Secretary The term Secretary means the Secretary of Energy. (b) Establishment The Secretary, in coordination with the heads of other relevant Federal agencies, shall establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system. (c) Program requirements In carrying out subsection (b), the Secretary shall— (1) establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the bulk-power system, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems; (2) for products and technologies tested under the program, establish and maintain cybersecurity vulnerability reporting processes and a related database; (3) provide technical assistance to electric utilities, product manufacturers, and other electricity sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program; (4) biennially review products and technologies tested under the program for cybersecurity vulnerabilities and provide analysis with respect to how those products and technologies respond to and mitigate cyber threats; (5) develop guidance that is informed by analysis and testing results under the program for electric utilities for the procurement of products and technologies; (6) provide reasonable notice to, and solicit comments from, the public prior to establishing or revising the testing process under the program; (7) oversee the testing of products and technologies under the program; and (8) consider incentives to encourage the use of analysis and results of testing under the program in the design of products and technologies for use in the bulk-power system. (d) Disclosure of information Any cybersecurity vulnerability reported pursuant to a process established under subsection (c)(2), the disclosure of which the Secretary reasonably foresees would cause harm to critical electric infrastructure, shall be considered to be critical electric infrastructure information for purposes of section 215A(d) of the Federal Power Act ( 16 U.S.C. 824o–1(d) ). (e) Federal government liability Nothing in this section authorizes the commencement of an action against the United States with respect to the testing of a product or technology under the program.
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117-s-2200
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II 117th CONGRESS 1st Session S. 2200 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a research, development, demonstration, and deployment program to improve the efficiency, increase the durability, and reduce the cost of producing hydrogen using electrolyzers, and for other purposes.
1. Short title This Act may be cited as the Advancing the Clean Hydrogen Future Act of 2021 . 2. Purposes The purposes of this Act are— (1) to enhance the leadership role of the United States in the widespread use of renewable energy and clean energy technologies; (2) to reduce greenhouse emissions in the United States by increasing the supply of economical hydrogen for use in transportation, industrial, and power-generation applications; (3) to support existing electrolyzer research, development, and demonstration efforts of the Department, including the H2NEW consortium of National Laboratories and the hydrogen and fuel cell community, which was established by the Office of Hydrogen and Fuel Cell Technologies of the Department and focuses on making large-scale electrolyzers more durable, efficient, and affordable; and (4) to promote job creation in the United States through the manufacturing of advanced clean energy technologies, including through the manufacturing of electrolyzers and associated systems. 3. Hydrogen electrolysis research, development, demonstration, and deployment program (a) Definitions (1) Department The term Department means the Department of Energy. (2) Electrolysis The term electrolysis means a process that uses electricity to split water into hydrogen and oxygen. (3) Electrolyzer The term electrolyzer means a system that produces hydrogen using electrolysis. (4) Eligible entity The term eligible entity means— (A) an institution of higher education; (B) a nongovernmental organization; (C) a National Laboratory; (D) a federally recognized Tribal government or Tribal organization; (E) a private entity; and (F) a partnership or consortium of 2 or more entities described in subparagraphs (A) through (E). (5) 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) ). (6) 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 ). (7) Program The term program means the program established under subsection (b). (8) Secretary The term Secretary means the Secretary of Energy. (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a research, development, demonstration, and deployment program to improve the efficiency, increase the durability, and reduce the cost of producing hydrogen using electrolyzers. (c) Coordination In establishing and carrying out the program, the Secretary shall— (1) coordinate activities carried out under this section with— (A) activities carried out under other relevant programs of the Department, including activities carried out by the National Laboratories; and (B) activities carried out by other relevant Federal agencies; (2) effectively manage crosscutting research priorities across relevant programs of the Department, including programs carried out by the National Laboratories; and (3) coordinate with the heads of other relevant Federal agencies to ensure the effective management of crosscutting research priorities shared by the Department and those agencies. (d) Collaboration In carrying out the program, the Secretary shall collaborate with— (1) industry; (2) the National Laboratories; (3) other relevant Federal agencies; (4) relevant State agencies; (5) institutions of higher education; and (6) international bodies with relevant scientific and technical expertise. (e) Goal The goal of the program is to reduce the cost of hydrogen produced using electrolyzers to less than $2 per kilogram of hydrogen by 2026. (f) Duration The program shall have a duration of 5 years. (g) Focus The program shall focus on research relating to, and the development, demonstration, and deployment of— (1) low-temperature electrolyzers, including liquid-alkaline electrolyzers, membrane-based electrolyzers, and other advanced electrolyzers, capable of converting intermittent sources of electric power to hydrogen with enhanced efficiency and durability; (2) high-temperature electrolyzers that combine electricity and heat to improve the efficiency of hydrogen production; (3) advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell; (4) new highly active, selective, and durable electrolyzer catalysts and electro-catalysts that— (A) greatly reduce or eliminate the need for platinum group metals; and (B) enable electrolysis of complex mixtures with impurities, including seawater; (5) modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )); (6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater; (7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of electrolyzers at a high volume; (8) hydrogen storage technologies; (9) technologies that integrate hydrogen production with— (A) hydrogen compression and drying technologies; (B) hydrogen storage; and (C) transportation or stationary systems; and (10) integrated systems that combine hydrogen production with renewable power generation technologies, including hybrid systems with hydrogen storage. (h) Grants, contracts, cooperative agreements, and demonstration projects (1) Grants In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (e). (2) Contracts and cooperative agreements In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b). (3) Demonstration projects In supporting technologies developed under the program, the Secretary shall fund demonstration projects— (A) to demonstrate technologies that produce hydrogen using electrolysis; and (B) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in subparagraph (A). (4) Applications An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under paragraph (3) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Cost sharing In awarding grants, entering into contracts and cooperative agreements, and funding demonstration projects under this section, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ). (i) Reports (1) In general The Secretary shall submit to Congress 2 reports describing, as of the date of the applicable report— (A) the activities carried out by the Secretary under this section; and (B) any progress made toward achieving the goal of the program described in subsection (e). (2) Timing of submissions The Secretary shall submit the reports described in paragraph (1) by— (A) in the case of the first report, not later than 2 years after the date of enactment of this Act; and (B) in the case of the second report, not later than 6 years after that date of enactment. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
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117-s-2201
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II 117th CONGRESS 1st Session S. 2201 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Peters (for himself and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To manage supply chain risk through counterintelligence training, and for other purposes.
1. Short title This Act may be cited as the Supply Chain Security Training Act of 2021 . 2. Training program to manage supply chain risk (a) In general Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services, through the Federal Acquisition Institute, shall develop a training program for officials with supply chain risk management responsibilities at executive agencies. (b) Content The training program shall be designed to prepare such personnel to perform supply chain risk management activities and identify and mitigate supply chain security threats that arise throughout the acquisition lifecycle, including for the acquisition of information and communications technology. The training program shall— (1) include, considering the protection of classified and other sensitive information, information on current, specific supply chain security threats; and (2) be updated as determined to be necessary by the Administrator. (c) Coordination and consultation In developing the training program, the Administrator shall— (1) coordinate with the Federal Acquisition Security Council, the Secretary of Homeland Security, and the Director of the Office of Personnel Management; and (2) consult with the Director of the Department of Defense’s Defense Acquisition University and the Director of National Intelligence. (d) Guidance Not later than 180 days after the training program is developed under subsection (a), the Director of the Office of Management and Budget shall promulgate guidance to Federal agencies requiring executive agency adoption and use of the training program. Such guidance shall— (1) allow executive agencies to incorporate the training program into existing agency training programs; and (2) provide guidance on how to identify executive agency officials with supply chain risk management responsibilities. 3. Reports on implementation of program Not later than 180 days after the completion of the first course, and annually thereafter for the next three years, the Administrator of General Services shall submit to the appropriate congressional committees and leadership a report on implementation of the training program required under section 2. 4. Definitions In this Act: (1) Appropriate congressional committees and leadership The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Oversight and Reform and the Committee on Armed Services of the House of Representatives. (2) Information and communications technology The term information and communications technology has the meaning given the term in section 4713(k) of title 41, United States Code. (3) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (4) Training program The term training program means the training program developed pursuant to section 2(a).
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117-s-2202
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II 117th CONGRESS 1st Session S. 2202 IN THE SENATE OF THE UNITED STATES June 23, 2021 Mr. Moran (for himself, Mr. Boozman , Mr. Rounds , Mr. Cramer , and Mr. Marshall ) 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 exclude from gross income interest received on certain loans secured by agricultural real property.
1. Short title This Act may be cited as the Enhancing Credit Opportunities in Rural America Act of 2021 or as the ECORA Act of 2021 . 2. Exclusion for interest on loans secured by agricultural real property (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section: 139I. Interest on loans secured by agricultural real property (a) Exclusion Gross income shall not include interest received by a qualified lender on any qualified real estate loan. (b) Definitions For purposes of this section— (1) Qualified lender The term qualified lender means— (A) any bank or savings association the deposits of which are insured under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), or (B) any entity wholly owned, directly or indirectly, by a company that is treated as a bank holding company for purposes of section 8 of the International Banking Act of 1978 ( 12 U.S.C. 3106 ) if such entity is a legal person— (i) organized, incorporated, or established under the laws of the United States or any State of the United States, and (ii) having its principal place of business in the United States. (2) Qualified real estate loan The term qualified real estate loan means any loan secured by agricultural real estate or by a leasehold mortgage (with a status as a lien) on agricultural real estate. For purposes of the preceding sentence, the determination of whether property securing such loan is agricultural real estate shall be made as of the time the interest income on such loan is accrued. (3) Agricultural real estate The term agricultural real estate means— (A) real property which is substantially used for the production of one or more agricultural products, and (B) any single family residence— (i) which is the principal residence (within the meaning of section 121) of its occupant, (ii) which is located in a rural area (as determined by the Secretary of Agriculture), which is not within a Metropolitan Statistical Area (as defined by the Office of Management and Budget) and which has a population (determined on the basis of the most recent decennial census for which data are available) of 2,500 or less, and (iii) which is purchased or improved with the proceeds of the qualified real estate loan. (c) Coordination with section 265 Qualified real estate loans shall be treated as obligations described in section 265(a)(2) the interest on which is wholly exempt from the taxes imposed by this subtitle. . (b) Clerical amendment The table of sections for such part III is amended by inserting after the item relating to section 139H the following new item: Sec. 139I. Interest on loans secured by agricultural real property. . (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-2203
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II 117th CONGRESS 1st Session S. 2203 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Shaheen (for herself, Ms. Collins , Mr. King , Mr. Cramer , Ms. Smith , Ms. Sinema , Ms. Stabenow , Mr. Brown , Mr. Van Hollen , and Mr. Peters ) 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 improve access to diabetes outpatient self-management training services, to require the Center for Medicare and Medicaid Innovation to test the provision of virtual diabetes outpatient self-management training services, and for other purposes.
1. Short title This Act may be cited as the Expanding Access to Diabetes Self-Management Training Act of 2021 . 2. Improving access to diabetes outpatient self-management training services (a) In general Section 1861(qq) of the Social Security Act ( 42 U.S.C. 1395x(qq) ) is amended— (1) in paragraph (1)— (A) by striking the Secretary determines appropriate and inserting specified in paragraph (3) ; (B) by inserting or qualified nonphysician practitioner after only if the physician ; and (C) by inserting (or other physician or qualified nonphysician practitioner furnishing items or services to such individual, in coordination with the physician or qualified nonphysician practitioner managing such individual’s diabetic condition) after managing the individual’s diabetic condition ; (2) in paragraph (2)(B), by striking paragraph and inserting subparagraph ; and (3) by adding at the end the following new paragraph: (3) For purposes of paragraph (1), the times specified in this paragraph are the following: (A) An initial 10 hours of educational and training services to remain available until used. (B) No more than 2 hours of individual or group educational and training services each year, including the year in which the initial 10 hours described in subparagraph (A) are completed. . (b) Medical nutrition therapy services Section 1861(s)(2)(V) of such Act ( 42 U.S.C. 1395x(s)(2)(V) ) is amended— (1) by striking clause (i); (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (3) in clause (ii), as so redesignated, by striking after consideration of and inserting consistent with . (c) Cost-Sharing Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended— (1) in subsection (a)(1)— (A) by striking and (DD) and inserting (DD) ; and (B) by striking the semicolon at the end and inserting and (EE) with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule that applies to such services under this part; ; and (2) in subsection (b), in the first sentence— (A) by striking and (12) and inserting (12) ; and (B) by striking the period at the end and inserting , and (13) such deductible shall not apply with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)). (d) Application The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2023. 3. CMI testing of providing virtual diabetes outpatient self-management training services Section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended— (1) in subsection (b)(2)(A), by adding at the end the following new sentence: “The models selected under this subparagraph shall include the testing of the model described in subsection (h).”; and (2) by adding at the end the following new subsection: (h) Testing of providing virtual diabetes outpatient self-Management training services (1) Establishment Not later than January 1, 2023, the Secretary shall implement a model to test the impact of providing coverage under title XVIII for virtual diabetes outpatient self-management training services furnished to applicable beneficiaries with respect to improved health outcomes for such applicable beneficiaries and reduced expenditures under such title XVIII. (2) Model design (A) In general The Secretary shall design the model under this subsection in such a manner to allow for the evaluation of demographic characteristics of applicable beneficiaries participating in such model and the extent to which such model accomplishes the following purposes: (i) Improvement in health outcomes with respect to the diabetic conditions, including by reducing A1c levels. (ii) Reduced hospitalizations due to diabetic-related complications. (iii) Increased utilization of diabetes outpatient self-management training services as evidenced by, for example, Medicare beneficiary participation and utilization of covered hours during the first year and subsequent years or use of diabetes outpatient self-management training services in rural and underserved communities. (iv) Improved medication adherence. (v) Reduced expenditures under this title attributable to the model. (B) Consultation In designing the model under this subsection, the Secretary shall, not later than 3 months after the date of the enactment of this subsection, consult with stakeholders in the field of diabetes care and education, clinicians in the primary care community, experts in digital health, and beneficiary groups. (3) Definitions In this subsection: (A) Applicable beneficiary The term applicable beneficiary means an individual with diabetes as described in section 1861(qq). (B) Qualified web-based program The term qualified web-based program means a web-based program— (i) designed to furnish educational and training services to an individual with diabetes to ensure therapy compliance with respect to the individual’s diabetic condition or to provide the individual with necessary skills and knowledge (including skills related to the self-administration of injectable drugs) to participate in the individual’s management of such condition; and (ii) that meets the quality standards described in section 1861(qq)(2)(B). (C) Virtual diabetes outpatient self-management training services The term virtual diabetes outpatient self-management training services means any diabetes outpatient self-management training services (as defined in section 1861(qq)) furnished by a qualified web-based program for synchronous or asynchronous diabetes outpatient self-management training services. .
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117-s-2204
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II 117th CONGRESS 1st Session S. 2204 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Wyden (for himself, Mr. Cassidy , Ms. Sinema , Mrs. Murray , Mr. Casey , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to clarify the mailing requirement relating to social security account statements.
1. Short title This Act may be cited as the Know Your Social Security Act . 2. Clarification of requirement to mail social security account statements (a) In general Section 1143 of the Social Security Act ( 42 U.S.C. 1320b–13 ) is amended— (1) in subsection (a)(1), by adding at the end the following: Such statement shall be provided by mail unless the requesting individual chooses electronic delivery for that request. ; and (2) in subsection (c)(2)— (A) by striking Beginning not later than and inserting (A) Beginning not later than ; (B) by inserting by mail after provide ; and (C) by adding at the end the following: (B) In any case in which an eligible individual described in subparagraph (A) responds to an annual inquiry by the Commissioner relating to the mailing of the individual's statement by making an election that such statement for such year be provided in electronic form only, the requirements of this paragraph shall be deemed to be satisfied for such year with respect to the individual. . (b) Effective date The amendments made by subsection (a) shall apply with respect to social security account statements required to be provided after the date of the enactment of this Act.
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II 117th CONGRESS 1st Session S. 2205 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Burr introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To designate the United States courthouse located at 201 South Evans Street in Greenville, North Carolina, as the Malcolm J. Howard United States Courthouse , and for other purposes.
1. Malcolm J. Howard United States Courthouse (a) Designation The United States courthouse located at 201 South Evans Street in Greenville, North Carolina, shall be known and designated as the Malcolm J. Howard United States Courthouse . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the Malcolm J. Howard United States Courthouse .
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II 117th CONGRESS 1st Session S. 2206 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Casey (for himself, Mr. Wyden , and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To create Federal child savings accounts, and for other purposes.
1. Short title This Act may be cited as the Young American Savers Act of 2021 . 2. Establishment of child savings account program (a) Establishment of program The Secretary of the Treasury shall, not later than December 31, 2022, establish a permanent program, to be known as the Federal Child Savings Account Program , which meets the requirements of this section to establish and maintain a savings account meeting the requirements of subsection (c) on behalf of eligible individuals. (b) Program specifications (1) In general (A) Savings accounts The Federal Child Savings Account Program established under this section shall— (i) permit the parent or guardian of an eligible individual to establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of the individual; (ii) establish a savings account which meets the requirements of this subsection and subsection (c) on behalf of— (I) eligible individuals who are in foster care, in coordination with the Administration for Children and Families; and (II) other eligible individuals on whose behalf no account has been established by a parent or guardian under clause (i) as of the time the first deposit under paragraph (4)(A) is due to be made on behalf of such individuals, and notify such individuals of the establishment of such accounts; (iii) require the assets of each savings account established under the program to be held by the designated custodian; (iv) within the limitations of paragraph (3), permit contributions to be made periodically to such savings accounts by direct deposit through payroll deduction or by electronic means, and by methods that provide access for the unbanked; (v) provide for the annual deposit under paragraph (4) and the matching contributions under paragraph (5) to be made to such savings accounts, if applicable; (vi) as provided in subsection (c), permit distributions and rollovers from such savings accounts upon request of the parent or guardian of the individual on whose behalf the account is established before the individual has attained age 18, or upon request of such individual after such individual has attained age 18; (vii) include procedures to consolidate multiple accounts established for the same individual and return excess contributions on an annual basis, with notice provided to the parent or guardian of the individual (or, if appropriate, to the individual) and a procedure for resolution of disputes; and (viii) ensure that such savings accounts are invested solely in United States Treasury bonds. (B) Regulations, etc The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the Federal Child Savings Account Program, and are consistent with this section and section 529B of the Internal Revenue Code of 1986, including— (i) rules regarding the provision of periodic notices to individuals and parents or guardians of individuals, as appropriate, on whose behalf accounts are established under the program, including information on account balances and activity; (ii) rules regarding beneficiary designation in the case of the death of the individual on whose behalf an account was established; and (iii) coordination rules permitting savings accounts to be established under the Federal Child Savings Account Program in connection with State and local laws that provide contributions to savings accounts for residents. (C) Pilot program for deposits made with Federal partners The Secretary of the Treasury may, in fulfillment of subparagraph (A)(iv), establish a pilot program which would allow grocery stores, pharmacies, banks, and other similar businesses to partner with the Federal Government to accept cash deposits from customers and to remit such deposits to the Treasury for payment into savings accounts under the Federal Child Savings Account Program. (2) No fees No fees shall be assessed on participants in the Federal Child Savings Account Program. (3) Limitations (A) Contribution minimum The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to a savings account under the Federal Child Savings Account Program, not to exceed $5. (B) Contribution limitation (i) In general Contributions to a savings account under the Federal Child Savings Account Program during any taxable year (other than the contribution made under paragraph (4)) shall not be accepted to the extent such contributions exceed $2,500. (ii) Phaseout The $2,500 amount under clause (i) shall be reduced (but not below zero) by $125 for each $2,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $200,000. (C) Limitation on participation Within a reasonable amount of time before the date an eligible individual attains age 17, the designated custodian shall provide notice to the eligible individual and the parent or guardian of the eligible individual that— (i) no deposits under paragraph (4) or (5) will be made for calendar years after the year in which the individual attains age 17; (ii) no further contributions made by any person will be accepted after the date the individual attains age 26; and (iii) the individual (or, as provided, the individual's parent or guardian) may elect to have the account balance rolled over or distributed as provided, and at the time specified, in subsection (c). (4) Annual deposit (A) In general Within a reasonable amount of time (not to exceed 60 days) after the filing of the return of tax for each taxable year by a taxpayer claiming an eligible individual as a dependent, the Secretary of the Treasury shall deposit $500 into the savings account established for such individual under the Federal Child Savings Account Program. (B) Phaseout The $500 amount under subparagraph (A) shall be reduced (but not below zero) by $25 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds $100,000. (C) Deposit on behalf of children in foster care At an appropriate time each year as determined by the Secretary of the Treasury in coordination with the Administration for Children and Families, such Secretary shall deposit $500 into the savings account established under such Program for any eligible individual in foster care in any State with respect to whom no deposit was made for such year under subparagraph (A). (5) Matching contributions If a credit is allowed under section 32 of the Internal Revenue Code of 1986 to the parent or guardian or an eligible individual for a taxable year, with respect to contributions made by such parent or guardian to the savings account of such eligible individual under the Federal Child Savings Account Program during the succeeding taxable year, the Secretary of the Treasury shall deposit into such savings account an amount equal to so much of such contributions as does not exceed $250. Such deposit shall be made in addition to the deposit under paragraph (4). (6) Designated custodian For purposes of this section, the designated custodian is the person designated by the Secretary of the Treasury to act as custodian of the savings accounts established on behalf of participants in the Federal Child Savings Account Program. (7) State For purposes of this section, the term State includes the District of Columbia, any possession of the United States, and any Indian tribe (as defined in section 45A(c)(6) of the Internal Revenue Code of 1986). (8) Deposit of matching contributions into Roth IRA If a parent or guardian of an eligible individual is eligible to receive any matching contribution under paragraph (5), such parent or guardian may elect either to have such matching contribution paid to the savings account of such eligible individual under the Federal Child Savings Account Program or to a Roth IRA of such parent or guardian. The Secretary of the Treasury shall establish a permanent program that creates and maintains a Roth IRA (within the meaning of section 408A of the Internal Revenue Code) on behalf of a parent or guardian who elects for the matching contribution to be made to his or her Roth IRA and who either affirmatively chooses to participate in the program or does not identify a Roth IRA for receipt of the matching contribution. The permanent program shall provide for investment of account balances solely within United States Treasury bonds and shall not charge any fees to account owners. (9) Inflation adjustments (A) In general In the case of any calendar year after 2023, the $2,500 amount in paragraph (3)(B), the $500 amount in paragraphs (4)(A), (4)(B), and (4)(C), and the $250 amount in paragraph (5) shall each be increased by an amount equal to— (i) such dollar amount; multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any dollar amount increased under subparagraph (A) is not a multiple of $5, such dollar amount shall be rounded to the nearest multiple of $5. (10) Accounts may not be assigned An account established on behalf of an individual under the Federal Child Savings Account Program may not be pledged or assigned to any other person. (11) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) increased by— (A) any amount excluded from gross income under section 911 of such Code, (B) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and (C) an amount equal to the portion of the taxpayer’s social security benefits (as defined in section 86(d) of such Code) which is not included in gross income under such section 86 for the taxable year. (c) Distributions from savings account (1) In general After the earlier of— (A) the date the individual on whose behalf the savings account under the Federal Child Savings Account Program was established attains age 26; or (B) the date such individual receives a bachelor's degree or associate's degree, or enlists in active duty military service of the United States, amounts in such account may be contributed in a direct transfer to a Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986) or a designated Roth account (within the meaning of section 402A of such Code) according to the rules of the Internal Revenue Code of 1986, or distributed to the individual in cash. (2) Distributions for higher education expenses Without regard to the date requirements of paragraph (1), a portion of the amount in a savings account established under the Federal Child Savings Account Program may be distributed in cash to the individual or to the parent or guardian of the individual for the payment of qualified higher education expenses of the individual at an eligible educational institution. The aggregate amount so distributed shall not exceed 50 percent of the amount in such account as of the due date for the first payment of tuition for the enrollment of the individual on whose behalf the account is established as an eligible student at such eligible educational institution. (3) Contribution to ABLE account Without regard to the date requirements of paragraph (1), all or a portion of the amount in a savings account established under the Federal Child Savings Account Program may be contributed in a direct transfer to an ABLE account established for the benefit of the individual under section 529A of the Internal Revenue Code of 1986 (if the individual is eligible for purposes of section 529A(e)(1) of such Code). (4) Definitions Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. (d) Eligible individual For purposes of this section, the term eligible individual means a child who has not attained age 18 and is a resident of the United States. (e) Treatment of accounts under certain Federal programs (1) Account funds disregarded for purposes of certain other means-tested Federal programs Notwithstanding any other provision of Federal law that requires consideration of one or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in an individual's account established under the Federal Child Savings Account Program, any contributions to such account, and any distribution (or portion thereof) which is exempt from the tax under section 529B(d)(3) of the Internal Revenue Code of 1986 shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such account, except that— (A) a distribution for qualified acquisition costs (within the meaning of section 529B(d)(3)(C)(ii) of such Code) shall not be so disregarded; and (B) any amount (including such earnings) in such account shall be considered a resource of the individual to the extent that such amount exceeds $100,000. (2) Suspension of SSI benefits during periods of excessive account funds (A) In general The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the account of the individual established under the Federal Child Savings Account Program not disregarded under paragraph (1). (B) No impact on Medicaid eligibility An individual who would be receiving payment of such supplemental security income benefits but for the application of subparagraph (A) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (f) Disclosure of taxpayer information (1) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information for purposes of administration of the Federal Child Savings Account Program The Secretary shall disclose to any officer or employee of the Department of the Treasury, as necessary for the administration of the Federal Child Savings Account Program established under section 2(a) of the Young American Savers Act of 2021 , return information relating to taxpayer identity, dependents, adjusted gross income, and whether the taxpayer has claimed the earned income credit under section 32 for the taxable year. . (2) Prohibition of redisclosure Paragraph (3) of section 6103(a) of the Internal Revenue Code of 1986 is amended by striking or (21) and inserting (21), or (23) . (g) Child Savings Account Program Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 529A the following new section: 529B. Child Savings Account Program (a) General rule The Federal Child Savings Account Program shall be exempt from taxation under this subtitle. (b) Federal Child Savings Account Program For purposes of this title, the term Federal Child Savings Account Program means the program established under section 2(a) of the Young American Savers Act of 2021 . (c) Treatment of contributions and earnings (1) In general No amount shall be includible in gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, with respect to any earnings under the program. (2) Governmental and matching contributions Gross income of an individual on whose behalf an account is established under the Federal Child Savings Account Program, or of any taxpayer claiming such individual as a dependent, shall not include the amount of any deposit made to the individual's account under the program pursuant to section 2(b)(4)(A), 2(b)(4)(C), or 2(b)(5) of the Young American Savers Act of 2021 . (d) Treatment of distributions (1) In general Gross income shall not include any cash distribution from an account under the Federal Child Savings Account Program permitted under section 2(c) of the Young American Savers Act of 2021 . (2) Treatment of rollovers (A) Roth IRAs Any contribution from the Federal Child Savings Account Program to a Roth IRA permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated— (i) as a contribution from another Roth IRA as described in section 408A(e)(1)(A), and (ii) as having been contributed to such Roth IRA in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 408(d)(3). (B) Designated Roth accounts Any contribution from the Federal Child Savings Account Program to a designated Roth account permitted under section 2(c)(1) of the Young American Savers Act of 2021 shall be treated— (i) as a contribution from another designated Roth account for purposes of section 402A(c)(3), and (ii) as having been contributed to such designated Roth account in a direct trustee-to-trustee transfer within 60 days of the distribution for purposes of section 402(c). (C) ABLE accounts Any contribution from the Federal Child Savings Account Program to an ABLE account permitted under section 2(c)(3) of the Young American Savers Act of 2021 shall be treated— (i) as a contribution from another ABLE account as described in section 529A(c)(1)(C)(i), and (ii) as having been contributed to such ABLE account within 60 days of the distribution for purposes of such section. (3) Tax on nonqualified use (A) In general The tax imposed by this title for the taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution other than a rollover described in paragraph (2) from an account under the Federal Child Savings Account Program during the taxable year, unless the qualified expenses of the individual on whose behalf the account was established paid or incurred during the taxable year of the distribution are equal to or exceed the amount of such distribution. (B) Distributions from Roth IRA If any amount is contributed to a Roth IRA in a rollover distribution from an account under the Federal Child Savings Program as provided in section 2(c)(1) of the Young American Savers Act of 2021 , the tax imposed by this title for any taxable year shall be increased by an amount equal to 20 percent of the amount of any distribution from such Roth IRA within the 5-year period beginning on the date of the rollover, to the extent that such distribution from the Roth IRA, when aggregated with all other distributions from such Roth IRA during such 5-year period, does not exceed the amount contributed in such rollover distribution. The preceding sentence shall not apply to the extent the qualified expenses of the individual on whose behalf the account under the Federal Child Savings Account Program was established which are paid or incurred during the taxable year of the distribution from the Roth IRA are equal to or exceed the amount of such distribution. (C) Qualified expenses For purposes of subparagraphs (A) and (B), the term qualified expenses means amounts paid or incurred by an individual— (i) as collateral required for a loan provided by the Small Business Administration, (ii) as qualified acquisition costs (as defined in section 72(t)(8)(C)) with respect to a residence intended to be the primary residence of the individual, or (iii) for qualified higher education expenses of the individual at an eligible educational institution. (4) Definitions Any term used in this subsection which is also used in section 529 of the Internal Revenue Code of 1986 has the same meaning as when used in such section. . (h) Clerical amendment The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 529A the following new item: Sec. 529B. Child Savings Account Program. . (i) Appropriation There is hereby appropriated to the Secretary of the Treasury, to remain available until spent without fiscal year limitation— (1) $100,000,000 for technology and technology systems necessary for the implementation and administration of the Federal Child Savings Account Program; (2) $25,000,000 for each fiscal year beginning with fiscal year 2022 for the administration of the Federal Child Savings Account Program; and (3) such sums as are necessary to make contributions to Federal Child Savings Accounts as required under paragraphs (4)(A), (4)(C), and (5) of subsection (c).
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II 117th CONGRESS 1st Session S. 2207 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Thune introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To temporarily increase the availability of temporary nonimmigrant nonagricultural workers for the purposes of restoring American forests, and for other purposes.
1. Exemption from H–2B numerical limitation for certain forestry conservation workers (a) In general Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (12) (A) Except as provided in subparagraph (B), the numerical limitation under paragraph (1)(B) shall not apply to principal aliens described in section 101(a)(15)(H)(ii)(b) who are employed or have received an offer of employment for the work of— (i) orchard work and seed collection; (ii) tree planting; (iii) nursery care; (iv) forest management; (v) harvesting pine straw or other minor forest products; (vi) timber stand improvement; (vii) herbicide application; (viii) fire prevention and fire management activities; (ix) brush clearing and vegetation management; (x) maintenance of right of ways; (xi) habitat protection and restoration; (xii) watershed protection and restoration; (xiii) land reclamation; or (xiv) other activities with a direct forest health or conservation nexus. (B) The exemptions described in subparagraph (A) shall not apply to landscaping or groundskeeping. . (b) Sunset The amendment made by subsection (a) shall remain in effect until the date that is 5 years after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2207is/xml/BILLS-117s2207is.xml
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117-s-2208
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II 117th CONGRESS 1st Session S. 2208 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Cornyn (for himself, Mr. Carper , Mr. Toomey , Mrs. Feinstein , Mr. Coons , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the United States International Trade Commission to investigate tariff policies relating to foreign-trade zones.
1. Short title This Act may be cited as the United States-Mexico-Canada Agreement Foreign-Trade Zone Modernization Act of 2021 or the USMCA FTZ Modernization Act of 2021 . 2. Findings Congress makes the following findings: (1) Expanding benefits to United States workers and businesses, reshoring critical supply chains, and creating United States based manufacturing requires analyzing tariff policies, assessing any negative impacts that tariffs may have on United States businesses and workers, and identifying the most effective policy options to correct those impacts and to revisit tariff treatment, if needed, particularly with respect to manufactured products exported from countries with which the United States has a free trade agreement in effect. (2) The North American Free Trade Agreement Implementation Act ( Public Law 103–182 ; 107 Stat. 2057) included a restriction, in section 202(a)(2)(A) of that Act, that prevented goods manufactured in foreign-trade zones from receiving preferential tariff treatment under the North American Free Trade Agreement. (3) Title VI of division O of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) made a set of technical corrections to the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4501 et seq. ) and included the same restriction described in paragraph (2). (4) United States manufacturers operating in foreign-trade zones believe that that restriction removes parity with their counterparts in the equivalent of foreign-trade zones under Mexico and Canada’s export-promotion programs, which do not have a similar restriction in place. (5) Canadian and Mexican manufacturers already enjoy advantages over United States manufacturers operating in the North American market as a result of— (A) Mexico and Canada’s export-promotion programs and extensive networks of free trade agreements, including with the European Union and Japan; and (B) not being subject to restrictions comparable to the unilateral restrictions on United States-based manufacturing in foreign-trade zones under the United States-Mexico-Canada Agreement Implementation Act, which were carried over from the North American Free Trade Agreement Implementation Act. (6) Among other things, the advantages described in paragraph (5) may encourage the location of manufacturing in Canada and Mexico, rather than the United States. 3. Investigation of tariff policies relating to foreign-trade zones (a) In general The United States International Trade Commission shall conduct an investigation to examine— (1) policies, particularly differences in tariff treatment by the United States and Canada and Mexico, that create inequities between products manufactured in the United States in foreign-trade zones and products manufactured in the equivalent of such zones in Canada and Mexico under the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 )); (2) any effects those policies have on the cost-competitiveness of products manufactured in the United States for both the domestic and export markets compared to products manufactured in Canada or Mexico under the USMCA, including an analysis by sector and State; and (3) how the foreign-trade zones in the United States could be better employed to redress and mitigate those inequities. (b) Exclusions from investigation The Commission shall exclude from the investigation required by subsection (a) examination of duties imposed under— (1) chapter 1 of title II the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. ); (2) title III of that Act ( 19 U.S.C. 2411 et seq. ); (3) section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ); or (4) any other trade remedy law of the United States. (c) Assistance from other agencies The Secretary of Homeland Security and the Secretary of Commerce shall make available to the Commission such information as is necessary for the Commission to conduct the investigation required by subsection (a). (d) Report required Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress a report on the investigation required by subsection (a).
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https://www.govinfo.gov/content/pkg/BILLS-117s2208is/xml/BILLS-117s2208is.xml
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117-s-2209
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II 117th CONGRESS 1st Session S. 2209 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Burr (for himself 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 Federal Food, Drug, and Cosmetic Act to provide for the regulation of in vitro clinical tests, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Verifying Accurate Leading-edge IVCT Development Act of 2021 or the VALID Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Regulation of in vitro clinical tests. SUBCHAPTER J—In Vitro Clinical Tests Sec. 587. Definitions. Sec. 587A. Applicability. Sec. 587B. Premarket review. Sec. 587C. Breakthrough in vitro clinical tests. Sec. 587D. Technology certification. Sec. 587E. Mitigating measures. Sec. 587F. Regulatory pathway redesignation. Sec. 587G. Advisory committees. Sec. 587H. Request for informal feedback. Sec. 587I. Registration and listing. Sec. 587J. Test design and quality requirements. Sec. 587K. Labeling requirements. Sec. 587L. Adverse event reporting. Sec. 587M. Corrections and removals. Sec. 587N. Restricted in vitro clinical tests. Sec. 587O. Appeals. Sec. 587P. Accredited persons. Sec. 587Q. Recognized standards. Sec. 587R. Investigational use. Sec. 587S. Collaborative communities for in vitro clinical tests. Sec. 587T. Comprehensive test information system. Sec. 587U. Preemption. Sec. 587V. Adulteration. Sec. 587W. Misbranding. Sec. 587X. Postmarket surveillance. Sec. 587Y. Electronic format for submissions. Sec. 587Z. Postmarket remedies. Sec. 4. Enforcement and other provisions. Sec. 5. Transition. Sec. 6. Emergency use authorization. Sec. 7. Antimicrobial susceptibility tests. Sec. 8. Combination products. Sec. 9. Resources. 2. Definitions (a) In general Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended— (1) by adding at the end the following: (ss) (1) The term in vitro clinical test — (A) means a test intended by its developer (as defined in section 587) to be used in the collection, preparation, analysis, or in vitro clinical examination of specimens taken or derived from the human body for the purpose of— (i) identifying or diagnosing a disease or condition; (ii) providing information for diagnosing, screening, measuring, detecting, predicting, prognosing, analyzing, or monitoring a disease or condition, including by making a determination of an individual’s state of health; or (iii) selecting, monitoring, or informing therapy or treatment for a disease or condition; and (B) may include— (i) a test protocol or laboratory test protocol; (ii) an instrument (as defined in section 587(11)); (iii) a specimen receptacle; (iv) software, excluding software that is excluded by section 520(o) from the definition of a device under section 201(h), and excluding modifications that are exempt in accordance with section 587A(l)(2)(A); and (v) subject to subparagraph (2), a component or part of a test, a test protocol, an instrument, an article, or software described in any of clauses (A) through (D) of such subparagraph, whether alone or in combination, including reagents, calibrators, and controls. (2) Notwithstanding subparagraph (1)(v), an article intended to be used as a component or part of an in vitro clinical test described in subparagraph (1) is excluded from the definition in subparagraph (1) if the article consists of any of the following: (A) Blood, blood components, or human cells or tissues, from the time of acquisition, donation, or recovery of such article, including determination of donor eligibility, as applicable, until such time as the article is released as a component or part of an in vitro clinical test by the establishment that collected such article. (B) An article used for invasive sampling, a needle, or a lancet, except to the extent such article, needle, or lancet is an integral component of an article for holding, storing, or transporting a specimen. (C) General purpose laboratory equipment, including certain pre-analytical equipment, as determined by the Secretary. (D) An article used solely for personal protection during the administering, conducting, or otherwise performing of test activities. ; (2) by adding at the end of section 201(g) the following: (3) The term drug does not include an in vitro clinical test. ; and (3) in section 201(h), by striking section 520(o) and inserting section 520(o) or an in vitro clinical test . (b) Exclusion from definition of biological product Section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ) is amended— (1) by striking (1) The term biological product means and inserting (1)(A) The term biological product means ; and (2) by adding at the end the following: (B) The term biological product does not include an in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act. . (c) In vitro clinical test definition In this Act, the term in vitro clinical test has the meaning given such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). 3. Regulation of in vitro clinical tests The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended— (1) by amending the heading of chapter V to read as follows: Drugs, Devices, and In Vitro Clinical Tests ; and (2) by adding at the end of chapter V the following: J In Vitro Clinical Tests 587. Definitions In this subchapter: (1) Analytical validity (A) The term analytical validity means, with respect to an in vitro clinical test, the ability of the in vitro clinical test, to— (i) sufficiently identify, measure, detect, calculate, or analyze one or more analytes, biomarkers, substances, or other targets intended to be identified, measured, detected, calculated, or analyzed by the test; or (ii) as applicable, assist in such identification, measurement, detection, calculation, or analysis. (B) For an article for taking or deriving specimens from the human body described in section 201(ss)(1)(B)(iii), the term analytical validity means that such article performs as intended and will support the analytical validity of an in vitro clinical test with which it is used. (2) Applicable standard The term applicable standard , with respect to an in vitro clinical test, means a reasonable assurance of analytical and clinical validity, except that such term— (A) with respect to test instruments, means a reasonable assurance of analytical validity; and (B) with respect to articles for taking or deriving specimens from the human body for purposes described in clause (i) or (ii) of section 201(ss)(1)(A) means a reasonable assurance of analytical validity and, where applicable, safety. (3) Clinical use The term clinical use means the operation, application, or functioning of an in vitro clinical test in connection with human specimens, including patient, consumer, and donor specimens, for the purpose for which it is intended as described in section 201(ss)(1)(A). (4) Clinical validity The term clinical validity means the ability of an in vitro clinical test to achieve the purpose for which it is intended as described in section 201(ss)(1)(A). (5) Cross-referenced test The term cross-referenced test means an in vitro clinical test that references in its labeling the name or intended use of another medical product that is not an in vitro clinical test. (6) Develop The term develop , with respect to an in vitro clinical test, means— (A) designing, validating, producing, manufacturing, remanufacturing, propagating, or assembling an in vitro clinical test; (B) importing an in vitro clinical test; (C) modifying an in vitro clinical test initially developed by a different person in a manner that— (i) changes any of the listing elements that define indications for use specified in paragraph (10), performance claims, or, as applicable, the safety of such in vitro clinical test; or (ii) affects the analytical or clinical validity of the in vitro clinical test as intended by the developer; or (D) adopting, using, or disseminating for use as an in vitro clinical test an article not previously intended for clinical use. (7) Developer The term developer means a person who engages in an activity described in paragraph (6) for clinical use. (8) First-of-a-kind The term first-of-a-kind means, with respect to an in vitro clinical test, a test that has an intended use and a combination of the elements specified in paragraph (10) that differ from the intended use and such elements of other in vitro clinical tests that already are legally available in the United States. (9) High-risk (A) In general Subject to subparagraph (B), the term high-risk , with respect to an in vitro clinical test or category of in vitro clinical tests— (i) means that, when used as intended by the developer, an undetected inaccurate result from such test or category— (I) presents unreasonable risk for serious or irreversible harm or death to a patient or patients, or would otherwise cause serious harm to the public health; or (II) is potentially likely to result in the absence, significant delay, or discontinuation of life-supporting or life-sustaining medical treatment; and (ii) shall account for the degree to which the technology for the intended use of an in vitro clinical test or tests is well-characterized and the criteria for performance of the test or tests are well-established for the intended use, the clinical circumstances under which the in vitro clinical test is used, and the availability of other tests (such as confirmatory or adjunctive tests). (B) Exception The term high-risk does not include an in vitro clinical test described in subparagraph (A) if— (i) mitigating measures are established to prevent, detect, or otherwise mitigate the risk of inaccurate results as described in subparagraph (A), or (ii) an exemption from the definition of such term applies under section 587A. (10) Indications for use The term indications for use means one or more in vitro clinical tests that have all of the following notification elements in common: (A) Substance or substances measured by the in vitro clinical test, such as an analyte, protein, or pathogen. (B) Test method. (C) Test purpose or purposes, as described in section 201(ss)(1)(A). (D) Diseases or conditions for which the in vitro clinical test is intended for use, including intended patient populations. (E) Context of use, such as in a clinical laboratory, in a health care facility, prescription home use, over-the-counter use, or direct-to-consumer testing. (11) Instrument The term instrument means an in vitro clinical test that is hardware intended by the hardware’s developer to be used with one or more in vitro clinical tests to generate a clinical test result, including software used to effectuate the hardware’s functionality. (12) Instrument family The term instrument family means more than one instrument for which the developer demonstrates and documents, with respect to all such instruments, that all— (A) have the same basic architecture, design, and performance characteristics, such as tolerance limits and signal range; (B) have the same intended use or uses and function; (C) share the same measurement principles, detection methods, and reaction conditions; and (D) produce the same or similar analytical results from samples of the same specimen type or types. (13) Laboratory operations The term laboratory operations — (A) means the conduct of a laboratory examination or other laboratory procedure on materials derived from the human body, including the conduct of an in vitro clinical test and associated activities within or under the oversight of a laboratory and not related to the design of an in vitro clinical test; and (B) includes— (i) performing pre-analytical and post-analytical processes for an in vitro clinical test; (ii) conducting standard operating procedures; and (iii) preparing reagents or other test materials that do not meet the definition of a in vitro clinical test for clinical use under section 201(ss). (14) Low-risk The term low-risk , with respect to an in vitro clinical test or category of in vitro clinical tests, means that an undetected inaccurate result from such in vitro clinical test, or such category of in vitro clinical tests, when used as intended by the developer— (A) would cause minimal or no harm, or minimal or no disability, or immediately reversible harm, or would lead to only a remote risk of adverse patient impact or adverse public health impact, taking into account the degree to which the technology for the intended use of an in vitro clinical test or category of tests is well-characterized and the criteria for performance of the test or category of tests are well-established for the intended use, the clinical circumstances under which the in vitro clinical test or category of tests is used, and the availability of other tests (such as confirmatory or adjunctive tests); or (B) would cause a serious adverse health consequence, harm that is reversible, a delay in necessary treatment that is not life-supporting or life-sustaining, or would lead to a serious risk of adverse patient experience or adverse public health impact, but applied mitigating measures have the capacity to ensure the test meets the standard described in subparagraph (A). (15) Mitigating measures The term mitigating measures — (A) means controls, standards, or requirements that the Secretary determines, based on available evidence— (i) are necessary for an in vitro clinical test, or a category of in vitro clinical tests, to meet the applicable standard; or (ii) to mitigate the risk of harm ensuing from an inaccurate result such that a test or category of tests subject to such mitigating measures does not meet the definition of high risk, or such that a test or category of tests subject to such mitigating measures is low risk; and (B) includes, as appropriate, applicable requirements regarding labeling, conformance to performance standards or guidance, performance testing, submission of clinical data, advertising, website posting of information, clinical studies, postmarket surveillance, user comprehension studies, training, and availability of confirmatory laboratory or clinical findings. (16) Specimen receptacle The term specimen receptacle means an in vitro clinical test specifically intended for the holding, storing, or transporting of specimens derived from the human body or for in vitro examination for purposes described in clause (i) or (ii) of section 201(ss)(1)(A). (17) Technology The term technology — (A) means a developer’s grouping of in vitro clinical tests that do not significantly differ in control mechanisms, energy sources, or operating principals and for which design, development, and manufacturing, including analytical and clinical validation as applicable, of the tests would be addressed in a similar manner or through similar procedures; and (B) may include clot detection, colorimetric (non-immunoassay), electrochemical (non-immunoassay), enzymatic (non-immunoassay), flow cytometry, fluorometry (non-immunoassay), immunoassay, mass spectrometry or chromatography (such as HPLC), microbial culture, next generation sequencing (also known as NGS ), nephlometric or turbidimetric (non-immunoassay), singleplex or multiplex non-NGS nucleic acid analysis, single-based technology, spectroscopy, and any other technology, as the Secretary determines appropriate. (18) Test The term test , unless otherwise provided, means an in vitro clinical test. (19) Valid scientific evidence The term valid scientific evidence — (A) means, with respect to an in vitro clinical test, evidence— (i) that has been generated and evaluated by persons qualified by training or experience to do so, using procedures generally accepted by other persons so qualified; and (ii) from which it can be fairly and responsibly concluded by qualified experts whether the applicable standard has been met by the in vitro clinical test for its intended use; and (B) may include evidence described in subparagraph (A) consisting of— (i) peer-reviewed literature; (ii) clinical guidelines; (iii) reports of significant human experience with an in vitro clinical test; (iv) bench studies; (v) case studies or histories; (vi) clinical data; (vii) consensus standards; (viii) reference standards; (ix) data registries; (x) postmarket data; (xi) real world data; (xii) clinical trials; and (xiii) data collected in countries other than the United States if such data are demonstrated to be adequate for the purpose of making a regulatory determination under the applicable standard in the United States. (20) Well-characterized The term well-characterized , with respect to an in vitro clinical test, means well-established and well-recognized by the scientific or clinical community, if adequately evidenced by one or more of the following: (A) Peer-reviewed literature. (B) Practice guidelines. (C) Consensus standards. (D) Recognized standards of care. (E) Technology in use for many years. (F) Scientific publication by multiple sites. (G) Adoption by the scientific or clinical community. (H) Real world data. 587A. Applicability (a) In general (1) Applicability of this subchapter (A) In general An in vitro clinical test shall be subject to the requirements of this subchapter, except as otherwise provided this subchapter. (B) Interstate commerce Any in vitro clinical test that is offered for clinical use in the United States is deemed to be introduced into interstate commerce for purposes of enforcing the requirements of this Act. (C) Non-applicable requirement Subject to any exemption or exclusion in this section, an in vitro clinical test shall not be subject to any provision or requirement of this Act other than this subchapter unless such other provision or requirement— (i) applies expressly to in vitro clinical tests; or (ii) describes the authority of the Secretary when regulating such in vitro clinical tests or subset of in vitro clinical tests, with respect to— (I) all articles regulated by the Secretary pursuant to this Act; or (II) a subset of such articles that includes in vitro clinical tests. (2) Laboratories and blood and tissue establishments (A) Relation to laboratory certification pursuant to section 353 of the PHSA Nothing in this subchapter shall be construed to modify the authority of the Secretary with respect to laboratories or clinical laboratories under section 353 of the Public Health Service Act. (B) Avoiding duplication In implementing this subchapter, the Secretary shall avoid issuing or enforcing regulations that are duplicative of regulations under section 353. (C) Blood and tissue Nothing in this subchapter shall be construed to modify the authority of the Secretary with respect to laboratories, establishments, or other facilities to the extent they are engaged in the propagation, manufacture, or preparation, including filling, testing, labeling, packaging, and storage, of blood, blood components, human cells, tissues, or tissue products under this Act or section 351 or 361 of the Public Health Service Act. (3) Practice of medicine (A) In general Nothing in this subchapter shall be construed to limit or interfere with the authority of a health care practitioner to prescribe or administer any legally marketed in vitro clinical test for any condition or disease within a health care practitioner-patient relationship pursuant to applicable Federal or State law. (B) Rules of construction (i) Sale, distribution, labeling Nothing in this paragraph shall be construed to limit the authority of the Secretary to establish or enforce restrictions on the sale, distribution, or labeling of an in vitro clinical test under this Act. (ii) Promotion of unapproved uses Nothing in this paragraph shall be construed to alter any prohibition on the promotion of unapproved uses of legally marketed in vitro clinical tests. (4) Special rule (A) Premarket review applicable Notwithstanding the exemptions from premarket review under section 587B set forth in subsections (b), (c), (d), (e), (f), (g), (h), (j), and (k) of such section, an in vitro clinical test (including any article for taking or deriving specimens) shall be subject to the requirements of section 587B if the Secretary determines, in accordance with subparagraph (B), that— (i) (I) there is insufficient valid scientific evidence to support the analytical validity or the clinical validity of such in vitro clinical test; and (II) such in vitro clinical test is being offered by its developer with materially deceptive or fraudulent analytical or clinical claims; (ii) it is reasonably possible that such in vitro clinical test will cause serious adverse health consequences; or (iii) in the case of specimen receptacles, there is sufficient valid scientific evidence indicating that a specimen receptacle did not perform as intended, will not support the analytical validity of tests with which it is used, or as applicable, is not safe for use. (B) Process (i) Request for information If the Secretary has valid scientific evidence indicating that the criteria listed in subparagraph (A) apply to an in vitro clinical test, the Secretary may request that the developer of the test submit information— (I) pertaining to such criteria; and (II) establishing the basis for any claimed exemption from premarket review. (ii) Deadline for submitting information The developer of an in vitro clinical test shall submit the information requested pursuant to clause (i) within 30 days of receipt of such request. (iii) Review deadline Upon receiving a submission under clause (ii), the Secretary shall— (I) review the submitted information within 60 calendar days of such receipt; and (II) determine whether the criteria listed in subparagraph (A) apply to the in vitro clinical test. (iv) Premarket review required (I) In general If the Secretary finds that the criteria listed in subparagraph (A) apply to the in vitro clinical test, the developer shall— (aa) promptly, and not later than 90 days after the date of receipt of such information, submit an application for premarket review of the test under section 587B; or (bb) cease to market the test. (II) Extension The Secretary may grant an extension to a developer of the 90-day time period under subclause (I)(aa), as appropriate. (v) Continued marketing During the period beginning on the date of a request for information under clause (ii) and ending on the date of the disposition of an application for premarket review of the in vitro clinical test under section 587B, the developer of the test may continue to market the test for clinical use, unless the Secretary issues an order to the developer under clause (vi) to immediately cease distribution of the test. (vi) Order to cease distribution (I) In general If the developer of an in vitro clinical test fails to submit an application for premarket review of the test by the deadline applicable under clause (iv), or the Secretary finds that the criteria listed in subparagraph (A) apply to an in vitro clinical test and that it is in the best interest of the public health, the Secretary may issue an order, within 10 calendar days of the applicable deadline or finding by the Secretary, requiring the developer of such in vitro clinical test, and any other appropriate person (including a distributor or retailer of the in vitro clinical test) to immediately— (aa) cease distribution of the test pending approval of an application for premarket review of the test under section 587B; and (bb) notify health professionals and other user facilities of the order to cease distribution and advise health care professionals to cease use of such in vitro clinical test. (II) Hearing and review An order under subclause (I) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of such in vitro clinical test. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall terminate the order within 30 days of the hearing. Upon terminating an order, the Secretary shall provide written notice of such termination to the developer. (vii) Amendment to require recall If the Secretary determines that an order issued under clause (vi) should be amended to include a recall of the in vitro clinical test with respect to which the order was issued, the Secretary shall amend the order to require a recall. In such amended order, the Secretary shall specify a timeframe in which the in vitro clinical test recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. Upon termination of the recall, the Secretary shall provide written notice of such termination to the developer. (viii) Effect of test approval Any order issued under this paragraph with respect to an in vitro clinical test shall cease to be in effect if such test is granted approval under section 587B, provided that the in vitro clinical test is developed and offered for clinical use in accordance with such approval. (5) Emergency use (A) In general In the case of a determination under section 319(a) of the Public Health Service Act or a declaration under section 564(b) of this Act, an in vitro clinical test is exempt from the requirements of this subchapter and may be lawfully marketed in accordance with subparagraph (B). (B) Criteria An in vitro clinical test is exempt from the requirements of this subchapter and may be lawfully marketed in accordance with the exemption described in subparagraph (A) if— (i) such test— (I) is submitted for emergency use authorization under section 564(b); or (II) is developed and used in laboratories for which a certificate is in effect under section 353 of the Public Health Service Act to conduct high-complexity testing and the developer; and (ii) the developer— (I) validates such in vitro clinical test prior to use; (II) notifies the Secretary of the assay validation; and (III) submits an emergency use authorization application under section 564 within 15 calendar days of marketing the test. (C) Disposition of product With respect to a previously unapproved in vitro clinical test or an in vitro clinical test with an unapproved use, for which an emergency use authorization under section 564(b) ceases to be effective, the Secretary shall consult with the manufacturer of such product with respect to the appropriate disposition of the product. (D) Streamlining of application review A developer may include any data or information already submitted to the Secretary within the emergency use authorization as a part of a premarket application under section 587B or a technology certification application under section 587D. (6) Effect on other laws Any in vitro clinical test that is lawfully marketed under this Act, including tests that are approved under section 587B, cleared pursuant to an active technology certification order under section 587D, or exempt from premarket review under an exemption in this section, shall be eligible for introduction into interstate commerce except as otherwise provided in this subchapter. (b) Components and Parts (1) Exemption (A) In general Subject to subparagraph (B), a component, part, or raw material described in section 201(ss)(1)(B)(v) is exempt from the requirements of this subchapter if it is— (i) intended for further development as described in paragraph (2); or (ii) otherwise to be regulated based on its risk when used as intended by the developer, notwithstanding its subsequent use by a developer as a component, part, or raw material of another in vitro clinical test. (B) Inapplicability to other tests Notwithstanding subparagraph (A), an in vitro clinical test that is described in section 201(ss)(1)(B) and that uses a component or part described in such subparagraph shall be subject to the requirements of this subchapter, unless the test is otherwise exempt under this section. (2) Further development A component, part, or raw material (as described in paragraph (1)(A)) is intended for further development (for purposes of such paragraph) if— (A) it is intended solely for use in the development of another in vitro clinical test; and (B) in the case of such a test that is introduced or delivered for introduction into interstate commerce after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the labeling of such test bears the following statement: This product is intended solely for further development of an in vitro clinical test and is exempt from FDA regulation. This product must be evaluated by the in vitro clinical test developer if it is used with or in the development of an in vitro clinical test. . (c) Grandfathered tests (1) Exemption An in vitro clinical test that meets the criteria set forth in paragraph (2) is exempt from the requirements of this subchapter, except as provided under subsection (a)(4), the registration and listing requirements under section 587I, and the adverse reporting requirements under section 587L, and may be lawfully marketed subject to the other applicable requirements of this Act, if— (A) each test report template for the test bears a statement of adequate prominence that reads as follows: This in vitro clinical test was developed and first introduced prior to the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and has not been reviewed by the Food and Drug Administration. ; and (B) the developer of the test— (i) maintains documentation demonstrating that the test meets and continues to meet the criteria set forth in paragraph (2); and (ii) makes such documentation available to the Secretary upon request. (2) Criteria for exemption An in vitro clinical test is exempt as specified in paragraph (1) if the test— (A) (i) was first offered for clinical use by such laboratory before the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 ; (ii) was developed by a clinical laboratory for which a certificate was in effect under section 353 of the Public Health Service Act that meets the requirements under such section 353 for performing high-complexity testing; and (iii) is performed— (I) in the same clinical laboratory in which it was developed; (II) by another clinical laboratory for which a certificate is in effect under section 353 within the same corporate organization and having common ownership by the same parent corporation; or (III) by a laboratory within a public health laboratory network coordinated or managed by the Centers for Disease Control and Prevention; (B) does not have in effect an approval under section 515, a clearance under section 510(k), an authorization under section 513(f)(2), or an exemption under section 520(m); and (C) is not modified on or after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 by its initial developer (or another person) in a manner such that the test is a new in vitro clinical test under subsection (l). (3) Modifications In the case of a modification to an in vitro clinical test that is exempt as specified in paragraph (1) or such modification is otherwise not subject to premarket review pursuant to section 587A(l), the test continues to qualify for such exemption if the person modifying such test— (A) documents each such modification and maintains a summary of the basis for such determination; and (B) provides such documentation and summary to the Secretary upon request or inspection. (d) Tests exempt from section 510( k ) (1) Exemption An in vitro clinical test is exempt from premarket review under section 587B and may be lawfully marketed subject to the other applicable requirements of this Act, if the in vitro clinical test— (A) (i) was offered for clinical use prior to the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 ; and (ii) immediately prior to such date of enactment was exempt pursuant to subsection (l) or (m)(2) of section 510 from the requirements for submission of a report under section 510(k); or (B) (i) was not offered for clinical use prior to such date of enactment; (ii) is not a test platform; and (iii) falls within a category of tests that was exempt from the requirements for submission of a report under section 510(k) as of such date of enactment (including class II devices and excluding class I devices described in section 510(l)). (2) Effect on special controls For any in vitro clinical test, or category of in vitro clinical tests, that is exempt from premarket review based on the criteria in paragraph (2), any special control that applied to a device within a predecessor category immediately prior to the date of enactment of Verifying Accurate Leading-edge IVCT Development Act of 2021 shall be deemed a mitigating measure applicable under section 587E to an in vitro clinical test within the successor category, except to the extent such mitigating measure is withdrawn or changed in accordance with section 587E. (3) Near-patient testing Not later than 1 year after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall issue draft guidance indicating categories of tests that shall be exempt from premarket review under section 587B when offered for near-patient testing (point of care), which were not exempt from submission of a report under section 510(k) pursuant to subsection (l) or (m)(2) of section 510 and regulations imposing limitations on exemption for in vitro devices intended for near-patient testing (point of care). (e) Low-Risk tests (1) Exemption An in vitro clinical test is exempt from premarket review under section 587B and may be lawfully marketed subject to the other applicable requirements of this Act, including section 587I(b)(6), if such test meets the definition of low-risk under section 587. (2) List of low-risk tests (A) In general The Secretary shall maintain, and make publicly available on the website of the Food and Drug Administration, a list of in vitro clinical tests, and categories of in vitro clinical tests, that are low-risk in vitro clinical tests for purposes of the exemption under this subsection. (B) Inclusion The list under subparagraph (A) shall consist of— (i) all in vitro clinical tests and categories of in vitro clinical tests that are exempt from premarket review pursuant to subsection (d)(1) or (d)(3); and (ii) all in vitro clinical tests and categories of in vitro clinical tests that are designated by the Secretary pursuant to subparagraph (C) as low-risk for purposes of this subsection. (C) Designation of tests and categories Without regard to subchapter II of chapter 5 of title 5, United States Code, the Secretary may designate, in addition to the tests and categories described in subparagraph (B)(i), additional in vitro clinical tests, and categories of in vitro clinical tests, as low-risk in vitro clinical tests for purposes of the exemption under this subsection. The Secretary may make such a designation on the Secretary’s own initiative or in response to a request by any person. In making such a designation for a test or category of tests, the Secretary shall consider— (i) whether the test, or category of tests, is low-risk; and (ii) such other factors as the Secretary determines to be relevant to the protection of the public health. (f) Manual tests (1) Exemption An in vitro clinical test is exempt from all requirements of this subchapter if the output of such in vitro clinical test is the result of direct, manual observation, without the use of automated instrumentation or software for intermediate or final interpretation, by a qualified laboratory professional, and such in vitro clinical test— (A) is designed, manufactured, and used within a single clinical laboratory for which a certificate is in effect under section 353 of the Public Health Service Act that meets the requirements under section 353 for performing high-complexity testing; (B) is not a high-risk test, or is a high-risk test that the Secretary has determined meets at least one condition in paragraph (2) and is otherwise appropriate for this exemption; and (C) is not intended for testing donors, donations, and recipients of blood, blood components, human cells, tissues, cellular-based products, or tissue-based products. (2) High-risk test limitation or condition A high-risk test may be exempt under paragraph (1) from the requirements of this subchapter only if— (A) no component or part of such test, including any reagent, is introduced into interstate commerce under the exemption under subsection (b)(1) (relating to components or parts intended for further development), and any article for taking or deriving specimens from the human body used in conjunction with the test remains subject to the requirements of this subchapter; or (B) the test has been developed in accordance with the applicable test design and quality requirements under section 587J. (g) Humanitarian test exemption (1) In general An in vitro clinical test is exempt from premarket review under section 587B and may be lawfully marketed subject to the other applicable requirements of this Act, if— (A) such in vitro clinical test is intended for use for a disease or condition for which no more than 10,000 (or such other number determined by the Secretary) individuals would be subject to negative or positive diagnosis by such test in the United States per year; and (B) the developer of the test— (i) maintains documentation (which may include literature citations in specialized medical journals, textbooks, specialized medical society proceedings, governmental statistics publications, or, if no such studies or literature citations exist, credible conclusions from appropriate research or surveys) demonstrating that such test meets and continues to meet the criteria described in this paragraph; and (ii) makes such documentation available to the Secretary upon request. (2) Cross-referenced tests In order to be eligible for an exemption under this subsection, the developer of a cross-referenced test shall submit a request under section 587H for informal feedback. (h) Custom tests and low-Volume tests An in vitro clinical test is exempt from premarket review under section 587B, the quality requirements under section 587J, and the notification requirements under section 587I, and may be lawfully marketed subject to the other applicable requirements of this Act, if— (1) such in vitro clinical test— (A) is a low-volume test performed in a laboratory in which it was developed or developed in a laboratory within the same corporate organization with the laboratory in which such test is performed and is administered to no more than 5 patients per year, unless otherwise determined by the Secretary; or (B) is a custom test developed or modified to diagnose a unique pathology or physical condition of a specific patient for which no other in vitro clinical test is commercially available in the United States, and is— (i) not intended for use with respect to other patients; and (ii) after the development of the custom test, not included in any test menu, template test report, or other promotional materials, and not otherwise advertised; and (2) the developer of the test— (A) maintains documentation demonstrating that such test meets and continues to meet the applicable criteria described in paragraph (1); (B) makes such documentation, such as a prescription order requesting the custom test for an individual patient, available to the Secretary upon request; and (C) informs the Secretary, on an annual basis, in a manner prescribed by the Secretary by guidance, that such test was introduced into interstate commerce. (i) Public health surveillance activities (1) In general The provisions of this subchapter shall not apply to a test intended by the developer to be used solely for public health surveillance activities, including the collection and testing of information or biospecimens, conducted, supported, requested, ordered, required, or authorized by a public health authority. (2) Limitation The public health surveillance activities described in paragraph (1)— (A) are limited to activities necessary to allow a public health authority to identify, monitor, assess, or investigate potential public health signals, onsets of disease outbreaks, or conditions of public health importance (including trends, risk factors, patterns in diseases, and increases in injuries from using consumer products); and (B) include activities associated with providing timely situational awareness and priority setting during the course of a threat to the public health (including natural or man-made disasters and deliberate attacks on the United States). (3) Exclusion An in vitro clinical test is not excluded from the provisions of this subchapter if such test is intended for use in making clinical decisions for individual patients. (j) Law enforcement or employer testing An in vitro clinical test that is intended solely for use in forensic analysis, law enforcement activity, or employment purposes is exempt from the requirements of this Act. An in vitro clinical test that is intended for use in making clinical decisions for individual patients, or whose individually identifiable results may be reported back to an individual patient or the patient’s health care provider, even if also intended for law enforcement or employment testing purposes, is not intended solely for use in law enforcement or employment testing for purposes of this subsection. (k) In vitro clinical tests under a technology certification order An in vitro clinical test that is within the scope of a technology certification order, as described in section 587D(a), is exempt from premarket review under section 587B. (l) Modified tests (1) In general An in vitro clinical test that is modified, by the initial developer of the test or a different person, is a new in vitro clinical test subject to the requirements of this subchapter if the modification— (A) affects the analytical or clinical validity of such test; (B) causes the test to no longer comply with applicable mitigating measures under section 587E or restrictions under section 587N; or (C) as applicable, affects the safety of an article for taking or deriving specimens from the human body for a purpose described in section 201(ss)(1). (2) Exemptions Notwithstanding paragraph (1), an in vitro clinical test that is modified by the initial developer of the test or a different person is not a new in vitro clinical test if the modification— (A) is a software update that does not have an adverse effect on the analytical or clinical validity or result in an increased risk to patients and consumers; (B) is made pursuant to methods or criteria included in the change protocol premarket submission, amendment, or supplement approved by the Secretary for the in vitro clinical test being modified; (C) is a labeling change that is appropriate to address patient or user harm; or (D) is a specimen-related modification that— (i) is made to extend specimen stability; or (ii) aligns with the data and information submitted in an approved application for premarket review under section 587B or a technology certification order issued under section 587D. (3) Documentation When a person modifies an in vitro clinical test that was developed by another person, such modified test is exempt from the requirements of this subchapter provided that such person— (A) documents the modification that was made and the basis for determining that the modification, considering the changes individually and collectively, was not a type of modification described in paragraph (1); and (B) provides such documentation to the Secretary upon request or inspection. (m) Investigational use An in vitro clinical test for investigational use is exempt from the requirements of this Act, except as provided in section 587R. (n) Transfer or sale of In vitro clinical tests (1) Transfer and assumption of regulatory obligations If ownership of an in vitro clinical test is sold or transferred in such manner that the developer transfers the regulatory submissions and obligations applicable under this subchapter with respect to the test, the transferee or purchaser becomes the developer of the test and shall have all regulatory obligations applicable to such a test under this subchapter. The transferee or purchaser shall update the registration and listing information under section 587I for the in vitro clinical test. (2) Transfer or sale of premarket approval (A) Notice required If a developer of an in vitro clinical test transfers or sells the approval of the in vitro clinical test, the transferor or seller shall— (i) submit a notice of the transfer or sale to the Secretary and update the registration and listing information under section 587I for the in vitro clinical test; and (ii) submit a supplemental application if required under section 587B(h). (B) Effective date of approval transfer A transfer or sale described in subparagraph (A) shall become effective upon completion of a transfer or sale described in paragraph (1) or the approval of a supplemental application under section 587B(h) if required, whichever is later. The transferee or purchaser shall update the registration and listing information under section 587I for the in vitro clinical test within 15 calendar days of the effective date of the transfer or sale. (3) Transfer or sale of technology certification (A) Requirements for transfer or sale of technology certification An unexpired technology certification can be transferred or sold if the transferee or purchaser— (i) is an eligible person under section 587D(b)(1); and (ii) maintains, upon such transfer or sale, the site, test design and quality requirements, processes and procedures under the scope of technology certification, and scope of the technology certification identified in the applicable technology certification order. (B) Notice required If a developer of an in vitro clinical test transfers or sells a technology certification order that has not expired, the transferor or seller shall submit a notice of the transfer or sale to the Secretary and shall update the registration and listing information under section 587I for all in vitro clinical tests covered by the technology certification. (C) Effective date of technology certification transfer The transfer of a technology certification shall become effective upon completion of a transfer or sale described in subparagraph (A). The transferee or purchaser shall update the registration and listing information under section 587I for the in vitro clinical test within 30 calendar days of the effective date of the technology certification transfer. (D) New technology certification required If the requirements of subparagraph (A)(ii) are not met, the technology certification order may not be transferred and the transferee or purchaser of an in vitro clinical test is required to submit an application for technology certification and obtain a technology certification order prior to offering the test for clinical use. (o) General laboratory equipment Any instrument that does not produce an analytical result, and that functions as a component of pre-analytical procedures related to in vitro clinical tests, is not subject to the requirements of this subchapter, provided that— (1) the instrument is operating in a clinical laboratory that is certified under section 353 of the Public Health Service Act; and (2) the instrument can be serviced by the manufacturer of such instrument or, if that manufacturer is no longer in business, a third party with the ability to service such instrument. (p) Instrument families In the case of an instrument family, premarket approval under section 587B(d) of one version of the in vitro clinical test is required, and previous and updated versions of the same test within such instrument family shall be deemed to be subject to the approval pursuant to that section, unless the Secretary determines otherwise, as set forth in guidance. (q) General exemption authority The Secretary may, by order published in the Federal Register following notice and an opportunity for comment, exempt a class of persons from any section under this subchapter upon a finding that such exemption is appropriate for the protection of the public health and other relevant considerations. (r) Regulations The Secretary may issue regulations to implement this subchapter. 587B. Premarket review (a) In general No person shall introduce or deliver for introduction into interstate commerce any in vitro clinical test, unless— (1) an approval of an application filed pursuant to subsection (c) or (d) is effective with respect to test; or (2) the test is exempt under section 587A from premarket review under this section. (b) Transparency and predictability (1) Pre-submission meeting or request for informal feedback Pursuant to section 587H, prior to filing an application under subsection (c) or (d), any person may request a meeting or written correspondence with the Secretary to discuss the eligibility of an in vitro clinical test for premarket review or other information related to the filing of an application. The Secretary shall respond to such request within 45 calendar days. (2) Streamlining of applications (A) Premarket application and technology certification If a person files a premarket application under this section and provides any additional documentation required under section 587D, the in vitro clinical test that is the subject of the application may be utilized as the representative test reviewed by the Secretary to provide an approval for both a premarket application under this section and a technology certification order under section 587D. (B) Representative assays for premarket approval With respect to a technology certification application filed under section 587D, the representative test, as described in subparagraph (A), used to issue a technology certification order under section 587D shall be deemed a test with premarket approval under this section. (c) Application (1) Filing Any person may file with the Secretary an application for premarket approval of an in vitro clinical test. (2) Application content An application submitted under paragraph (1) with respect to an in vitro clinical test shall include the following, in such format as the Secretary specifies: (A) General information regarding the in vitro clinical test, including— (i) the name and address of the applicant; (ii) the table of contents for the application and the identification of the information the applicant claims as trade secret or confidential commercial or financial information; (iii) a description of the test’s intended use; (iv) an explanation regarding test function and any significant performance characteristics; and (v) an explanation of how the development and validation activities support the test meeting the applicable standard. (B) A summary of the data and information in the application for the in vitro clinical test, including— (i) a brief description of any existing alternative practices or procedures for diagnosing the disease or condition for which the in vitro clinical test is intended, as applicable; (ii) a brief description of the foreign and domestic marketing history of the test, if any, including a list of all countries in which the test has been marketed and a list of all countries in which the test has been withdrawn from marketing for any reason related to the applicable standard of the in vitro clinical test, if known by the applicant; (iii) a summary of the any studies submitted for such test, including a description of the objective of the study, a description of the experimental design of the study, a brief description of how the data were collected and analyzed, a brief description of the results of the technical data submitted, and a brief description of any nonclinical or clinical studies; (iv) a risk assessment of the test; and (v) conclusions drawn from any studies described in clause (iii), including a discussion demonstrating that the data and information in the application constitute valid scientific evidence and meet the applicable standard under section 587(2), an explanation of how the development and validation activities, as applicable, support that the test meets the applicable standard under section 587(2), and a discussion of any adverse effects of the test on health and proposals to mitigate those risks, if any. (C) The signature of the person filing the premarket application or an authorized representative. (D) A bibliography of all published reports reasonably known to the applicant related to such test and a discussion of data and information relevant to the evaluation of the applicable standard that may be met by such test. (E) A statement that the applicant believes to the best of the applicant’s knowledge that all data and information submitted to the Secretary are truthful and accurate and that no material fact has been omitted in the application. (F) Except as provided under subsection (d), applicable information regarding the methods used in, or the facilities or controls used for, the development of the test to demonstrate compliance with the applicable quality requirements under section 587J. (G) Information demonstrating compliance with any relevant— (i) mitigating measures under section 587E; and (ii) standards established or recognized under section 514 prior to the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , or, after applicable standards are established or recognized under section 587Q, with such standards. (H) Valid scientific evidence to support analytical and clinical validity of the test, which shall include— (i) summary information for all supporting validation studies performed; (ii) raw data, such as tabulations of data and results as required under section 814.20(b)(6)(ii) of title 21, Code of Federal Regulations (or any successor regulations); (iii) for nonclinical laboratory studies involving the test, a statement that studies were conducted in compliance with applicable good laboratory practices; and (iv) for investigations involving human subjects, statements that any clinical investigation involving human subjects was conducted in compliance with applicable— (I) institutional review board regulations; (II) informed consent regulations; and (III) investigational use requirements in section 587R. (I) To the extent the application seeks authorization to make modifications to the test within the scope of the approval, a change protocol that includes validation procedures and acceptance criteria for anticipated modifications that could be made to the test within the scope of the approval. (J) Proposed labeling, in accordance with the requirements of section 587K. (K) Such other data or information as the Secretary may require in accordance with the least burdensome requirements of subsection (j). (3) Guidance for premarket and special premarket applications In accordance with section 5 of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall issue draft guidance detailing the information to be provided in a premarket application and special premarket application under this section. The Secretary shall issue final guidance not later than 90 calendar days after the close of the comment period for such guidance. (4) Refuse to file a premarket or special premarket application If, after receipt of an application under this section, the Secretary refuses to file such application, the Secretary shall provide to the developer, within 60 calendar days of receipt of such application, a description of the reason for such refusal, and identify the information required, if any, to allow for the filing of the application. (5) Substantive review for deficient application If, after receipt of an application under this section, the Secretary determines that any portion of such application is deficient, the Secretary shall provide to the applicant, within 75 calendar days of receipt of such application, a description of such deficiencies and identify the information required to correct such deficiencies. (d) Special premarket review (1) In general Any person may file with the Secretary an application for special premarket approval for— (A) an instrument; (B) a specimen receptacle; (C) an in vitro clinical test eligible for a technology certification order under section 587D; or (D) a first-of-a-kind test (unless it is a high-risk test), a direct-to-consumer test, or cross-referenced test that does not have mitigating measures. (2) Application content An application under paragraph (1) shall include— (A) the information required for applications submitted under subsection (c)(2), except that applications under paragraph (1) need not include— (i) quality requirement information; or (ii) raw data unless explicitly requested by the Secretary; (B) in the case of a specimen receptacle, safety information; and (C) data, as applicable, to support software validation, electromagnetic compatibility, and electrical safety, and information demonstrating compliance with maintaining quality systems documentation. (3) Inspections With respect to an application under paragraph (1), preapproval inspections authorized by an employee of the Food and Drug Administration or a person accredited under section 587P need not occur unless requested by the Secretary. (e) Instrument family When an in vitro clinical test has been approved, or is otherwise legally marketed, for use on a specific approved or legally marketed instrument within an instrument family, a submission under this section shall not be required for that in vitro clinical test in order for it to be used on a new instrument within that instrument’s family. (f) Amendments to an application (1) In general An applicant may amend an original or supplemental application under subsection (c) or (d). (2) Required amendment or supplement An applicant shall amend or supplement an application submitted under subsection (c) or (d) if the applicant becomes aware of information that— (A) could reasonably affect an evaluation of whether the applicable standard has been met; or (B) could reasonably affect the statement of contraindications, warnings, precautions, and adverse reactions in the proposed labeling. (3) Request for amendment or supplement The Secretary may request that an applicant amend or supplement an application under subsection (c) or (d) with any information necessary for review under this section. (g) Action on an application for premarket approval (1) Review (A) Disposition As promptly as possible, but not later than 90 calendar days after an application under subsection (c) is accepted for submission (unless the Secretary determines that an extension is necessary to review one or more major amendments to the application), or not later than 60 calendar days after an application under subsection (d) is accepted for submission, the Secretary, after considering any applicable report and recommendations pursuant to advisory committees under section 587G, or prior to the establishment of such advisory committees, any recommendations by a classification panel under section 513, shall issue an order approving the application, unless the Secretary finds that the grounds for approval in paragraph (2) are not met. (B) Reliance on proposed labeling In determining whether to approve or deny an application under paragraph (1), the Secretary shall rely on the intended use included in the proposed labeling, provided that such labeling is not false or misleading based on a fair evaluation of all material facts. (2) Approval of an application (A) In general The Secretary shall approve an application submitted under subsection (c) with respect to an in vitro clinical test if the Secretary finds that there is a reasonable assurance that the applicable standard is met, and— (i) except as provided under subsection (d), the applicant is in compliance with applicable quality requirements in section 587J or as otherwise specified in a condition of approval, or maintains the documentation required to be in compliance with such requirements if the applicant is not required to submit such documentation as a part of the application under this section; (ii) the application does not contain a false statement of material fact; (iii) based on a fair evaluation of all material facts, the proposed labeling is truthful and non-misleading and complies with the requirements of section 587K; (iv) except as provided under subsection (d), the applicant permits, if requested, authorized employees of the Food and Drug Administration and persons accredited under section 587P an opportunity— (I) to inspect at a reasonable time and in a reasonable manner the facilities and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, including all things (including records, files, papers, and controls) bearing on whether an in vitro clinical test is adulterated, misbranded, or otherwise in violation of this Act; and (II) to view and to copy and verify all records pertinent to the application and the in vitro clinical test; (v) the test conforms with any applicable performance standards under section 587Q and any applicable mitigating measures under section 587E; and (vi) all nonclinical laboratory studies and clinical investigations involving human subjects that are described in the application were conducted in a manner that meets the requirements of this section. (B) Conditions of approval An order approving an application pursuant to this paragraph may require conditions of approval for the in vitro clinical test, including conformance with performance standards under section 587Q and restrictions under section 587N. (C) First-of-a-kind test For a first-of-a-kind in vitro clinical test, an order approving an application pursuant to this paragraph— (i) may impose requirements for tests with the same indications for use, including conformance with performance standards under section 587Q and mitigating measures under section 587E, and comply with restrictions under section 587N; and (ii) shall indicate whether subsequent in vitro clinical tests with the same intended use may meet an exemption set forth in section 587A. (D) Publication The Secretary shall publish each order approving an application pursuant to this paragraph on the public website of the Food and Drug Administration and make publicly available a summary of the data used to grant the approval, except to the extent the Secretary determines that such order— (i) contains commercially confidential or trade secret information; or (ii) relates to national security or countermeasures is restricted from disclosure pursuant to statutory provisions other than this section. (3) Review of denials An applicant whose application submitted under subsection (c) or (d) has been denied approval may, by petition filed not more than 60 calendar days after the date on which the applicant receives notice of such denial, obtain review of the denial in accordance with section 587O. (h) Supplements to an application (1) Risk Analysis Prior to implementing any modification to an in vitro clinical test, the holder of the application approved under subsection (c) or (d) for such test shall perform risk analyses in accordance with section 587J, unless such modification is included in the change protocol submitted by the applicant and approved under this section or exempt under section 587A(l). (2) Supplement requirement (A) In general Except as provided in subparagraph (B), or otherwise specified by the Secretary, the holder of the application approved under subsection (g) for an in vitro clinical test shall submit to the Secretary and receive approval of a supplement before implementing a modification to the test, unless such modification is exempt under section 587A(l). (B) Adjustments to change protocol A person may submit under this paragraph a supplemental application adjusting the change protocol of the test at any time after the initial filing of an application under subsection (c) or (d). (C) Exceptions Subject to subparagraphs (D) and (E), and so long as the holder of an approved application submitted under subsection (c) or (d) for an in vitro clinical test does not add a manufacturing site, or change activities at an existing manufacturing site, with respect to the test, the holder may, without prior approval of a supplement, implement the following modifications to the test: (i) Modifications included in and implemented in accordance with an approved change protocol under subsection (c)(2)(I). (ii) Modifications that do not change— (I) the analytical or clinical validity of the test; (II) the intended use of the test unless provided under an approved change protocol under subsection (c)(2)(I); or (III) the safety of the specimen receptacles. (iii) Labeling changes to appropriately address a safety concern. (iv) Modifications that are exempt under section 587A(l). (D) Reporting for change protocol modifications As a component of the report required under subsection (k), the holder of an application approved under subsection (g) for an in vitro clinical test shall— (i) report any modification to the test described in clause (i) or (ii) of subparagraph (C) in the next annual report for the test under subsection (k) following the date on which the test, with such modification, is introduced into interstate commerce; and (ii) include in such report— (I) a description of the modification; and (II) as applicable, a summary of the analytical validity and clinical validity of the test, as modified, and any changes to acceptance criteria. (E) Reporting for other category of exceptions The holder of the application approved under subsection (c) or (d) for an in vitro clinical test shall— (i) report to the Secretary any modification to the test described in clause (iii) of subparagraph (C) not more than 60 days after the date on which the test, with the modification, is introduced into interstate commerce; and (ii) include in the report— (I) a summary of the relevant change or changes; (II) the rationale for implementing such change or changes; and (III) a description of how the change or changes were evaluated. (F) Request for supplement Upon review of the information received under subparagraph (D) and a finding that the relevant modification is inconsistent with the standard specified under subparagraph (C), the Secretary may require a supplement under subparagraph (A). If the Secretary determines that a supplement under subparagraph (A) is required, the Secretary shall notify the applicant of such determination. Such notification shall include a justification for the submission of a supplement. Prior to the submission of a supplement under this subparagraph, the applicant may request a meeting or written correspondence to gain agency feedback as to the necessity of such supplemental filing. The Secretary shall respond to such meeting request within 30 calendar days of receipt. (3) Contents of Supplement Unless otherwise specified by the Secretary, a supplement under this subsection shall include— (A) for modifications other than manufacturing site changes— (i) a description of the modification; (ii) data to demonstrate that the applicable standard is met; (iii) acceptance criteria; and (iv) any revised labeling; and (B) for manufacturing site changes— (i) the information listed in subparagraph (A); and (ii) information regarding the methods used in, or the facilities or controls used for, the development of the test to demonstrate compliance with the applicable quality requirements under section 587J. (4) Additional Data The Secretary may require, when necessary, data to evaluate a modification to an in vitro clinical test that is in addition to the data otherwise required under the preceding paragraphs if the data request is in accordance with the least burdensome requirements under subsection (j). (5) Conditions of Approval In an order approving a supplement under this subsection, the Secretary may require conditions of approval for the in vitro clinical test, including compliance with restrictions under section 587N and conformance to performance standards under section 587Q. (6) Approval The Secretary shall approve a supplement under this subsection if— (A) the data demonstrate that the modified in vitro clinical test meets the applicable standard; and (B) the holder of the application approved under subsection (g) for the test has demonstrated compliance with applicable quality and inspection requirements, as applicable and appropriate. (7) Publication The Secretary shall publish on the public website of the Food and Drug Administration notice of any order approving a supplement under this subsection, except that such publication shall exclude— (A) commercial confidential or trade secret information; and (B) any other information that the Secretary determines to relate to national security or countermeasures or to be restricted from disclosure pursuant to another provision of law. (8) Review of Denial An applicant whose supplement under this subsection has been denied approval may, by petition filed on or before the 60th calendar day after the date upon which the applicant receives notice of such denial, obtain review of the denial in accordance with section 587O. (i) Withdrawal and temporary suspension of approval (1) Order withdrawing approval (A) In general The Secretary may, within 10 calendar days of providing due notice and an opportunity for an informal hearing to the holder of an approved application for an in vitro clinical test under this section, issue an order withdrawing approval of the application if the Secretary finds that— (i) the grounds for approval under subsection (g) are no longer met; or (ii) there is a reasonable likelihood that the test would cause death or serious adverse health consequences, including by causing the absence, delay, or discontinuation of life-saving or life sustaining medical treatment. (B) Content An order under subparagraph (A) withdrawing approval of an application shall state each ground for withdrawal and shall notify the holder of such application 60 calendar days prior to issuing such order. (C) Publication The Secretary shall publish any order under subparagraph (A) on the public website of the Food and Drug Administration, except that such publication shall exclude— (i) commercial confidential or trade secret information; and (ii) any other information that the Secretary determines to relate to national security or countermeasures or to be restricted from disclosure pursuant to another provision of law. (2) Order of temporary suspension If, after providing due notice and an opportunity for an informal hearing to the holder of an approved application for an in vitro clinical test under this section, the Secretary determines there is a reasonable likelihood that the in vitro clinical test would cause death or serious adverse health consequences, including by causing the absence, delay, or discontinuation of life-saving or life-sustaining medical treatment, the Secretary shall by order temporarily suspend the approval of the application. If the Secretary issues such an order, the Secretary shall proceed expeditiously under paragraph (1) to withdraw approval of such application. (j) Least burdensome requirements (1) In general In carrying out this subchapter, the Secretary shall consider the least burdensome means necessary to provide a reasonable assurance of analytical and clinical validity, or applicable standard, and other regulatory requirements, as determined by the Secretary. (2) Necessary defined For purposes of paragraph (1) and paragraph (3), the term necessary means the minimum required information that would support a determination by the Secretary that the application provides a reasonable assurance of analytical and clinical validity, or other applicable standard or regulatory requirement, as determined by the Secretary. (3) Consideration of role of postmarket information For purposes of this subsection, the Secretary shall consider the role of postmarket information in determining the least burdensome appropriate means necessary to demonstrate that the applicable standard and other regulatory requirements have been met. (k) Annual report (1) In general Unless the Secretary specifies otherwise, the holder of an approved application under this section shall submit an annual report each year at a time designated by the Secretary in the approval order. Such report shall— (A) identify all modifications required to be reported that an approved application holder has made to any test that is covered by the approval order, including any modification that requires a supplement under subsection (h)(2); and (B) include any other information required by the Secretary. (2) Exception The annual reporting requirement in paragraph (1) shall not apply to in vitro clinical tests that are deemed to have a premarket approval based on a prior approval under section 515(c), clearance under section 510(k), or authorization under section 513(f) of this Act, or that are grandfathered under 587A(c). (l) Service of orders Orders of the Secretary under this section with respect to applications under subsection (c) or (d) or supplements under subsection (h) shall be served— (1) in person by any officer or employee of the Department of Health and Human Services designated by the Secretary; or (2) by mailing the order by registered mail or certified mail or electronic equivalent addressed to the applicant at the last known address in the records of the Secretary. 587C. Breakthrough in vitro clinical tests (a) In General The purpose of this section is to encourage the Secretary to apply efficient and flexible approaches to expedite the development of, and prioritize the review of, in vitro clinical tests that represent breakthrough technologies, and to provide the Secretary with sufficient authority to do so. (b) Establishment of program The Secretary shall establish a program to expedite the development of, and provide for the priority review of, in vitro clinical tests. (c) Eligibility The program developed under subsection (b) shall be available for any in vitro clinical test that— (1) provides or enables more effective treatment or diagnosis of life-threatening or irreversibly debilitating human disease or conditions compared to existing approved or precertified alternatives; and (2) is a test— (A) that represents a breakthrough technology; (B) for which no approved or precertified alternative exists; (C) that offers a clinically meaningful advantage over existing approved or precertified alternatives, including the potential, compared to existing approved or precertified alternatives, to reduce or eliminate the need for hospitalization, improve patient quality of life, facilitate patients’ ability to manage their own care (such as through self-directed personal assistance), or establish long-term clinical efficiencies; or (D) the availability of which is in the best interest of patients or public health. (d) Designation (1) Request To receive breakthrough approval under this section, an applicant may request that the Secretary designate the in vitro clinical test for expedited development and priority review. Any such request for designation may be made at any time prior to the submission of an application under section 587B, and shall include information demonstrating that the test is eligible for designation under subsection (c). (2) Determination Not later than 60 calendar days after the receipt of a request under paragraph (1), the Secretary shall determine whether the in vitro clinical test that is the subject of the request meets the criteria described in subsection (c). If the Secretary determines that the test meets the criteria, the Secretary shall designate the test for expedited development and priority review. (3) Review Review of a request under paragraph (1) shall be undertaken by a team that is composed of experienced staff and senior managers of the Food and Drug Administration. (4) Withdrawal (A) In general The designation of an in vitro clinical test under this subsection is deemed to be withdrawn, and such in vitro clinical test shall no longer be eligible for designation under this section, if an application for approval under section 587B is denied. Such test shall be eligible for designation upon a new request for such designation. (B) Exception The Secretary may not withdraw a designation granted under this subsection based on the subsequent approval or technology certification of another test that— (i) is designated under this section; or (ii) was given priority review under section 515B. (e) Actions For purposes of expediting the development and review of in vitro clinical tests under this section, the Secretary may take the actions and additional actions set forth in paragraphs (1) and (2), respectively, of section 515B(e) when reviewing such tests. Any reference or authorization in section 515B(e) with respect to a device shall be deemed a reference or authorization with respect to an in vitro clinical test for purposes of this section. (f) Guidance (1) In general Not later than one year after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall issue draft guidance on the implementation of this section. Such guidance shall— (A) set forth the process by which a person may seek a designation under subsection (d); (B) provide a template for request under subsection (d); (C) identify the criteria the Secretary will use in evaluating a request for designation; and (D) identify the criteria and processes the Secretary will use to assign a team of staff, including team leaders, to review in vitro clinical tests designated for expedited development and priority review, including any training required for such personnel to ensure effective and efficient review. (2) Process Prior to finalizing the guidance under paragraph (1), the Secretary shall seek public comment on the draft guidance. The Secretary shall issue final guidance one year after the close of the comment period for the draft guidance. (g) Annual Report Unless otherwise specified by the Secretary, the requirements under section 587B(k) apply to in vitro clinical tests designated under this section. (h) Service of orders Orders of the Secretary under this section shall be served— (1) in person by any officer or employee of the Department of Health and Human Services designated by the Secretary; or (2) by mailing the order by registered mail or certified mail or electronic equivalent addressed to the applicant at his last known address in the records of the Secretary. 587D. Technology certification (a) In general (1) Eligibility Any eligible person may seek a technology certification order in accordance with this section. (2) Exception An in vitro clinical test is exempt from premarket review under section 587B and may be introduced into interstate commerce if the developer is eligible under this section and the in vitro clinical test— (A) is an eligible in vitro clinical test under subsection (b)(2); and (B) falls within the scope of a technology certification order issued under this section that is in effect. (b) Eligibility (1) Eligible person In this section, the term eligible person means an in vitro clinical test developer unless, at the time such person seeks or would seek technology certification order, the person— (A) has been found to have committed a significant violation of section 353 of the Public Health Service Act, unless— (i) such violation occurred more than 5 years prior to the date on which such technology certification order is or would be sought; or (ii) such violation has been resolved; (B) fails to maintain required certifications under section 353 of the Public Health Service Act, as applicable; or (C) has been found to have submitted information to the Secretary that— (i) makes false or misleading statements about a technology certification order previously issued or an application approved under section 587B; or (ii) violates any requirement of this subchapter, where such violation exposes individuals to serious risk of illness, injury, or death. (2) Technology certification eligibility limitations An in vitro clinical test is not eligible under subsection (a)(2) for exemption from premarket review under section 587B, if— (A) such test is— (i) a component or part of an in vitro clinical test as described in section 201(ss)(1)(B)(v); (ii) an instrument under section 201(ss)(1)(B)(ii); (iii) a specimen receptacle under section 201(ss)(1)(B)(iii); (iv) an in vitro clinical test, including reagents used in such tests, intended for use for testing donors, donations, and recipients of blood, blood components, human cells, tissues, cellular-based products, or tissue-based products; or (v) a high-risk in vitro clinical test without mitigating measures under section 587E, which may include first-of-a-kind in vitro clinical tests, home use in vitro clinical tests, cross-referenced in vitro clinical tests, and direct-to-consumer in vitro clinical tests. (c) Public meeting and input (1) Public docket Not later than 30 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall establish a public docket to receive comments concerning recommendations for implementation of this section, including criteria and procedures for subsections (e) through (j). The public docket shall remain open for the duration of time that this section remains in effect. (2) Public meeting Not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall convene a public meeting to which stakeholders from organizations representing patients and consumers, academia, and the in vitro clinical test industry are invited in order to discuss the technology certification process including application requirements, inspections, alignment with third-party accreditors, and the definition of technology under section 587(17). (d) Regulations The Secretary shall issue regulations on technology certification including describing criteria or procedures relating to technology certification under this section, which shall be subject to public comment for a minimum of 60 days from issuance prior to finalizing such regulations after considering the comments received. The regulation shall include an outline of the application and recertification process, opportunities to meet with officials of the Food and Drug Administration and plans to streamline inspections. (e) Application for technology certification (1) In general A person seeking a technology certification order shall submit an application under this subsection, which shall contain the information specified under paragraph (2). (2) Content of application An application for technology certification shall contain— (A) a statement identifying the scope of the proposed technology certification, which shall be no broader than a single technology intended to be offered under the application; (B) information describing that the person seeking a technology certification order is an eligible person under subsection (b)(1); (C) information describing that the methods used in, and the facilities and controls used for, the development of eligible in vitro clinical tests covered by the scope of the technology certification conform to the applicable quality requirements of section 587J; (D) procedures for analytical validation, including all procedures for validation, verification, and acceptance criteria, and an explanation as to how such procedures, when used, provide a reasonable assurance of analytical validity of eligible in vitro clinical tests within the proposed scope of the technology certification order; (E) procedures for clinical validation, including all procedures for validation, verification, and acceptance criteria, and an explanation as to how such procedures, when used, provide a reasonable assurance of clinical validity of eligible in vitro clinical tests within the proposed scope of the technology certification order; (F) a submission under section 587I(b) for each in vitro clinical test that the developer intends to introduce into interstate commerce upon receiving a technology certification order; (G) information concerning one or more representative in vitro clinical tests, including— (i) a test within the scope of the technology certification application with the appropriate analytical complexity at the time of the filing of the application under this section to serve as the representative test and validate and run within the developer’s stated scope; (ii) the information specified in subsection (c) or (d) of section 587B, as applicable, for the representative in vitro clinical test or tests, including information and data required pursuant to subsection (c)(2)(H) of section 587B, unless the Secretary determines that such information is not necessary; (iii) an explanation of the choice of the representative in vitro clinical test or tests for the technology certification application and how such test adequately demonstrates the range of procedures that the developer includes in the application under subparagraphs (C), (D), (E), and (F); and (iv) a brief explanation of the ways in which the procedures included in the application under subparagraphs (C), (D), (E), and (F) have been applied to the representative in vitro clinical test or tests; (H) such other information as the Secretary may determine necessary; and (I) a statement that the applicant believes to the best of the applicant’s knowledge that all data and information submitted to the Secretary are truthful and accurate and that no material fact has been omitted. (3) Reference to approved premarket application under section 587B With respect to the content requirements in the technology certification application described in paragraph (2), a developer may incorporate by reference any content of an application previously submitted by the developer and approved under section 587B. (f) Action on an application for technology certification (1) Secretary response (A) In general As promptly as practicable, and no later than 90 days after receipt of an application under subsection (c), the Secretary shall— (i) issue a technology certification order granting the application, which shall specify the scope of the technology certification, if the Secretary finds that all of the grounds in paragraph (3) are met; or (ii) deny the application if the Secretary finds (and sets forth the basis of such finding as part of or accompanying such denial) that one or more grounds for granting the application specified in paragraph (3) are not met. (B) Extension The timeline described in subparagraph (A) may be extended by mutual agreement between the Secretary and the applicant. (2) Deficient applications (A) If, after receipt of an application under this section, the Secretary determines that any portion of such application is deficient, the Secretary, not later than 60 days after receipt of such application, shall provide to the applicant a description of such deficiencies and identify the information required to correct such deficiencies. (B) When responding to the deficiency letter, the applicant may convert the application for technology certification under subsection (c) into a premarket application under section 587B. (3) Technology certification order The Secretary shall grant a technology certification order under this section if, on the basis of the information submitted to the Secretary as part of the application and any other information with respect to such applicant, the Secretary finds that— (A) in accordance with subsection (e)(2)(D), there is a showing of reasonable assurance of analytical validity for all eligible in vitro clinical tests within the proposed scope of the technology certification, as evidenced by the procedures for analytical validation; (B) in accordance with subsection (e)(2)(E), there is a showing of reasonable assurance of clinical validity for eligible in vitro clinical tests within the proposed scope of the technology certification, as evidenced by the clinical program, including procedures for clinical validation; (C) the methods used in, or the facilities or controls used for, the development of eligible in vitro clinical tests covered by the proposed scope of the technology certification conform to the applicable requirements of section 587J; (D) based on a fair evaluation of all material facts, the applicant’s proposed labeling and advertising is not false or misleading in any particular; (E) the application does not contain a false statement of material fact; (F) there is a showing that the representative in vitro clinical test or tests— (i) meet the applicable standard for such order; and (ii) reasonably represent the range of procedures for analytical validation and clinical validation included in the application, as applicable; and (G) the applicant permits authorized employees of the Food and Drug Administration or persons accredited under this Act an opportunity to inspect at a reasonable time and in a reasonable manner the facilities and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, including all things (including records, files, papers, and controls) bearing on whether an in vitro clinical test is adulterated, misbranded, or otherwise in violation of this Act, and permits such authorized employees or persons accredited under this Act to view and to copy and verify all records pertinent to the application and the in vitro clinical test. (4) Effect of technology certification order An in vitro clinical test or tests within the scope of a granted technology certification order are cleared to be introduced into interstate commerce. (5) Review of denials If the Secretary denies an application for technology certification, including an application for renewal under subsection (g), the Secretary will provide a summary of deficiencies on which the Secretary based its denial. An applicant whose application has been denied may, by petition filed on or before the date that is 30 calendar days after the date upon which such applicant receives notice of such denial, obtain review thereof in accordance with section 587O. (g) Duration; subsequent submissions (1) Order duration A technology certification order shall remain in effect until the earlier of— (A) the expiration of such technology certification order under paragraph (2); or (B) the withdrawal of such technology certification order under subsection (j). (2) Expiration (A) An initial technology certification order issued under subsection (f)(3) shall expire 4 years after the date that such order is issued, except that if an application for renewal under paragraph (3) has been received not later than 30 days prior to the expiration of such order under this paragraph, such order shall expire on the date on which the Secretary has granted or denied the application for renewal. Any such subsequent renewal of a technology certification shall expire on such date specified by the Secretary that is not later than 4 years after the date that such technology certification order is issued. (B) In the event of expiration of technology certification order, the clearance of tests introduced into interstate commerce under such order prior to its expiration pursuant to subsection (f)(3) remain in effect. (3) Renewal (A) In general Any person previously granted a technology certification order in effect may seek renewal of such order provided that— (i) such person is an eligible person under subsection (b)(1); (ii) the previously granted technology certification order— (I) is not on temporary hold under subsection (i); and (II) was not withdrawn under subsection (j); and (iii) none of the information specified in subsection (e)(2) has substantially changed, except as described in supplements to orders granted under paragraph (4). (B) Content An application for renewal under this paragraph shall include information concerning one or more representative in vitro clinical tests in accordance with subsection (e)(2)(G), except that such representative test or tests shall be different from the representative test or tests relied upon as the representative assay in any prior technology certification, if applicable. (C) Process The Secretary’s action on an application for renewal of technology certification under this paragraph shall be conducted, to the extent practicable, in coordination with inspections conducted under section 353 of the Public Health Service Act, if applicable, and any order resulting from such renewal application shall be treated as a technology certification order for purposes of this subchapter. (4) Supplements and reports (A) Supplements Except as provided in subparagraph (B), any person with a technology certification order in effect may seek a supplement to such order upon a change or changes to the information provided in the application for technology certification under subparagraphs (C), (D), and (E) of subsection (e)(2), provided that— (i) such person is an eligible person under subsection (b)(1); and (ii) such change does not expand the scope of the technology certification, unless the Secretary determines that such expansion is appropriate. A supplement to an order may contain only information relevant to the change or changes. The Secretary’s action on a supplement shall be in accordance with subsection (f), and any order resulting from such supplement shall be treated as an amendment to a technology certification order that is in effect. (B) Reports (i) In general If a change is made to an in vitro clinical test or tests that is beyond the scope of a technology certification order but is made in order to address a potential risk to public health by adding a new specification or test method, the person may immediately implement such change or changes and shall report such changes or changes to the Secretary within 30 days. (ii) Content Any report to the Secretary under this subparagraph shall include— (I) a summary of the relevant change or changes; (II) the rationale for implementing such change or changes; (III) a description of how the change or changes were evaluated; and (IV) data indicating analytical and clinical validity. (iii) Supplemental reports Upon review of such report and a finding that the relevant change or changes are inconsistent with the standard specified under this subparagraph, the Secretary may require a supplement under subparagraph (A). (h) Maintenance requirements For the duration of a technology certification order, a holder of a technology certification order shall— (1) use the procedures included in the relevant application, supplement, or report under subsections (b) and (e); (2) ensure compliance with any applicable mitigating measures; (3) maintain, and provide to the Secretary upon request, records related to any in vitro clinical test offered under the technology certification order, where those records are necessary to demonstrate compliance with applicable provisions of this subchapter; and (4) comply with the listing requirements under section 587I for each in vitro clinical test offered under the technology certification order. (i) Temporary hold (1) In general Upon one or more findings under paragraph (4) and after promptly notifying the developer of such findings, the Secretary may issue a temporary hold prohibiting any holder of a technology certification order from introducing into interstate commerce an in vitro clinical test that was not previously the subject of a notification under section 587I. The temporary hold must identify the grounds for the temporary hold under paragraph (4) and the rationale for such finding, and may only remain in place until the Secretary responds to a written request under paragraph (3). (2) Notification to the developer The Secretary shall not place a temporary hold under this subsection unless the Secretary has promptly notified the developer of such hold and provided 30 calendar days for the developer to come into compliance with or resolve the findings under paragraph (4). (3) Written requests Any written request to the Secretary from the holder of a technology certification order that a temporary hold under paragraph (1) be removed shall receive a decision, in writing and specifying the reasons therefore, within 90 days after receipt of such request. Any such request shall include information to support the removal of the temporary hold. (4) Grounds for temporary hold A temporary hold under this subsection may be instated upon a finding or findings that the holder of a technology certification order— (A) is not in compliance with any maintenance requirements under subsection (h); (B) labels or advertises one or more in vitro clinical tests with false or misleading claims; or (C) is no longer an eligible person under subsection (b)(1). (j) Withdrawal The Secretary may, after due notice and opportunity for informal hearing, issue an order withdrawing a technology certification order if the Secretary finds that— (1) the application, supplement, or report under subsection (e) or (g) contains materially false or misleading information or fails to reveal a material fact; (2) such holder fails to correct materially false or misleading labeling or advertising upon the request of the Secretary; (3) in connection with a technology certification, the holder provides materially false or misleading information to the Secretary; or (4) the holder of such technology certification order fails to correct the grounds for temporary hold within a timeframe specified in the temporary hold order. (k) Reports to Congress (1) In general Not later than one year after date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , and annually thereafter for the next 4 years, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available, including through posting on the website of the Food and Drug Administration, a report containing the information described in paragraph (2). (2) Content (A) In general Each report under paragraph (1) shall address, at a minimum— (i) the total number of applications for technology certifications filed, granted, withdrawn and denied; (ii) the total number of technology certification orders put on temporary hold under subsection (i) and the number of technology certification orders withdrawn under subsection (j); (iii) the types of technologies for which technology certification orders were granted; (iv) the total number of developers, including laboratories, with technology certification orders in effect; and (v) the total number of approved tests under section 587B that were reclassified and granted a technology certification order under this section. (B) Final report The fifth report submitted under paragraph (1) shall include a summary of, and responses to, comments raised in the meeting and docket. (C) Performance reports The reports required under this section may be issued with performance reports as required under section 9 of the Verifying Accurate Leading-edge IVCT Development Act of 2021 . 587E. Mitigating measures (a) Establishment of mitigating measures (1) Establishing, changing, or withdrawing (A) Establishment If the Secretary requires the establishment of mitigating measures pursuant to clause (i) or (ii) of section 587(15)(A) for any in vitro clinical test, the Secretary may require such mitigating measures for any other in vitro clinical test with the same indications for use. (B) Process Notwithstanding subchapter II of chapter 5 of title 5, United States Code, the Secretary may— (i) establish, change, or withdraw mitigating measures by— (I) publishing a proposed administrative order in the Federal Register; (II) providing an opportunity for public comment for a period of not less than 30 calendar days; and (III) after consideration of any comments submitted, publishing a final administrative order in the Federal Register; and (ii) may establish mitigating measures with respect to a category in a premarket approval order or technology certification order. (2) In vitro clinical tests previously approved, cleared, or exempted as devices (A) In general Any special controls or restrictions applicable to an in vitro clinical test with the same indications for use pursuant to section 587(10) based on prior regulation as a device approved under section 515, cleared or exempt under section 510(k), or classified under section 513(f)(2), including any such special controls or restrictions established during the period beginning on the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and ending on the effective date of such Act (as described in section 5(b) of such Act)— (i) shall continue to apply to such approved, cleared, or exempted in vitro clinical test after such effective date; and (ii) are deemed to be mitigating measures as of the effective date of such approval, clearance, or exemption. (B) Changes The Secretary may establish, change, or withdraw mitigating measures for such a test or indications for use the procedures under paragraph (1). (b) Documentation (1) Tests subject to premarket review The developer of an in vitro clinical test subject to premarket review under section 587B and to which mitigating measures apply shall— (A) in accordance with section 587B(c)(2)(G)(i), submit documentation to the Secretary as part of the application for the test under subsection (c) or (d) of section 587B demonstrating that such mitigating measures have been met; (B) if such application is approved, maintain documentation demonstrating that such mitigating measures continue to be met following a test modification by the developer; and (C) after responding to any informal communications from the Secretary, make such documentation available to the Secretary upon request or inspection. (2) Other tests The developer of an in vitro clinical test that is marketed within the scope of a technology certification order or other exemption from premarket review under section 587B and to which mitigating measures apply shall— (A) maintain documentation in accordance with the applicable quality requirements under section 587J demonstrating that such mitigating measures continue to be met following a test modification by the developer; (B) after responding to any informal communications from the Secretary, make such documentation available to the Secretary upon request or inspection; and (C) include in the performance summary for such test a brief description of how such mitigating measures are met, if applicable. (c) Mitigating measures for cross-Referenced tests Not later than 1 year after the implementation of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall issue mitigating measures for cross-referenced tests. 587F. Regulatory pathway redesignation (a) Technology certification and exemption determinations (1) In general Based on new information, including the establishment of mitigating measures under section 587E, and after considering available evidence respecting tests with the same indications for use pursuant to section 587(10), the Secretary may, upon the initiative of the Secretary or upon petition of an interested person— (A) revoke any exemption or requirement in effect under this subchapter with respect to such indications for use; or (B) determine that such indications for use are eligible for technology certification in accordance with section 587D(b)(2). (2) Process Any action under paragraph (1) shall be made by publication of a notice of such proposed action on the website of the Food and Drug Administration, the consideration of comments to a public docket on such proposal, and publication of a final action on such website within 60 calendar days of the close of the comment period posted to such public docket, notwithstanding subchapter II of chapter 5 of title 5, United States Code. (b) Revocation The Secretary may revoke any exemption with respect to such test or indications for use pursuant to section 587(10), if— (1) new clinical information indicates that the exemption of an in vitro clinical test or tests from premarket review under section 587B or exemption under section 587A has a reasonable probability of severe adverse health consequences, including the absence, delay, or discontinuation of appropriate medical treatment. (2) Process Any action under this subsection shall be made by publication of a notice of such proposed action in the Federal Register, consideration of comments to a public docket on such proposal, and publication of a final notice in the Federal Register, notwithstanding subchapter II of chapter 5 of title 5, United States Code. 587G. Advisory committees (a) In general The Secretary may establish advisory committees or use advisory committee panels of experts established before the date of enactment of this section for the purposes of providing expert scientific advice and making recommendations related to— (1) the approval of an application for an in vitro clinical test submitted under this subchapter, including for evaluating, as applicable, the analytical validity, clinical validity, and safety of in vitro clinical tests; (2) the potential effectiveness of mitigating measures for a determination on the applicable regulatory pathway under section 587F or risk evaluation for an in vitro clinical test or tests; (3) quality requirements under section 587J or applying such requirements to in vitro clinical tests developed or imported by developers; or (4) such other purposes as the Secretary determines appropriate. (b) Appointments (1) Voting members The Secretary shall appoint to each committee established under subsection (a), as voting members, individuals who are qualified by training and experience to evaluate in vitro clinical tests referred to the committee for the purposes specified in subsection (a), including individuals with, to the extent feasible, scientific expertise in the development, manufacture, or utilization of such in vitro clinical tests, laboratory operations, and the use of in vitro clinical tests. The Secretary shall designate one member of each committee to serve as chair. (2) Nonvoting members In addition to the individuals appointed pursuant to paragraph (1), the Secretary shall appoint to each committee established under subsection (a), as nonvoting members— (A) a representative of consumer interests; and (B) a representative of interests of in vitro clinical test developers not directly affected by the matter to be brought before the committee. (3) Limitation No individual who is in the regular full-time employee of the United States and engaged in the administration of this Act may be a member of any advisory committee established under subsection (a). (4) Education and training The Secretary shall, as appropriate, provide education and training to each new committee member before such member participates in a committee’s activities, including education regarding requirements under this Act and related regulations of the Secretary, and the administrative processes and procedures related to committee meetings. (5) Meetings The Secretary shall ensure that scientific advisory committees meet regularly and at appropriate intervals so that any matter to be reviewed by such a committee can be presented to the committee not more than 60 calendar days after the matter is ready for such review. Meetings of the committee may be held using electronic communication to convene the meetings. (6) Compensation Members of an advisory committee established under subsection (a), while attending meetings or conferences or otherwise engaged in the business of the advisory committee— (A) shall be entitled to receive compensation at rates to be fixed by the Secretary, but not to exceed the daily equivalent of the rate in effect for positions classified above level GS–15 of the General Schedule; and (B) may be allowed travel expenses as authorized by section 5703 of title 5, United States Code, for employees serving intermittently in the Government service. (c) Guidance The Secretary may issue guidance on the policies and procedures governing advisory committees established under subsection (a). 587H. Request for informal feedback Before submitting a premarket application or technology certification application for an in vitro clinical test— (1) the developer of the test may submit to the Secretary a written request for a meeting, conference, or written feedback to discuss and provide information relating to the regulation of such in vitro clinical test which may include— (A) the submission process and the type and amount of evidence expected to demonstrate the applicable standard; (B) which regulatory pathway is appropriate for an in vitro clinical test; and (C) an investigation plan for an in vitro clinical test, including a clinical protocol; and (2) upon receipt of such a request, the Secretary shall— (A) within 60 calendar days after such receipt, or within such time period as may be agreed to by the developer, meet or confer with the developer submitting the request; and (B) within 15 calendar days after such meeting or conference, provide to the developer a written record or response describing the issues discussed and conclusions reached in the meeting or conference. 587I. Registration and listing (a) Registration of Establishments for In Vitro Clinical Tests (1) In general Each person described in subsection (b)(1), or an accredited person under section 587P, acting on behalf of such a person, shall— (A) during the period beginning on October 1 and ending on December 31 of each year, register with the Secretary the name of such person, places of business of such person, all establishments engaged in the activities specified under this paragraph, the establishment registration number of each such establishment, and a point of contact for each such establishment, including an electronic point of contact; and (B) submit an initial registration containing the information required under subparagraph (A) not later than— (i) the date of implementation of this section if such establishment is engaged in any activity described in subsection (b)(1) on the date of enactment of this section, unless the Secretary establishes by guidance a date later than such implementation date for all or a category of such establishments; or (ii) 30 days prior to engaging in any activity described in subsection (b)(1) after enactment of this section, if such establishment is not engaged in any activity described in this paragraph on the date of enactment of this section. (2) Registration numbers The Secretary may assign a registration number to any person or an establishment registration number to any establishment registered in accordance with this section. Registration information shall be made publicly available by publication on the website maintained by the Food and Drug Administration, in accordance with subsection (d). (3) Inspection Each person or establishment that is required to be registered with the Secretary under this section shall be subject to inspection pursuant to section 704. (b) Listing Information for In Vitro Clinical Tests (1) In general Each person who— (A) is a developer, a contract manufacturer (including contract packaging), contract sterilizer, repackager, relabeler, or distributor of an in vitro clinical test; and (B) introduces or proposes to begin the introduction or delivery for introduction into interstate commerce through an exemption under section 587A(f)(2)(b) or 587A(g) or through the filing of an application under section 587B or 587D, shall submit a listing to the Secretary containing the information described in paragraph (2) in accordance with the applicable schedule described under subsection (c). Such listing shall be prepared in such form and manner as the Secretary may specify in guidance. Listing information shall be submitted through the comprehensive test information system in accordance with section 587T, as appropriate. (2) Submissions Each developer submitting a listing under paragraph (1) shall electronically submit to the comprehensive test information system under section 587T the following information for each in vitro clinical test for which such person is a developer in the form and manner prescribed by the Secretary: (A) Name of the establishment and its establishment registration number. (B) Contact information for the official correspondent for the listing. (C) Name (common name and trade name, if applicable) of the in vitro clinical test and its test listing number (when available). (D) CLIA certificate number for any laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high-complexity testing that is the developer of the in vitro clinical test, and CLIA certificate number for any laboratory under common ownership that is performing the test developed by such test developer. (E) Whether the in vitro clinical test is, as applicable, offered as a test approved under section 587B, offered under a technology certification o, or offered as an in vitro clinical test under section 587Arder issued under section 587D. (F) Indications for use information under section 587(10). (G) Brief narrative description of the in vitro clinical test. (H) A brief summary of the analytical and clinical performance of the in vitro clinical test, and as applicable, the lot release criteria. (I) A brief description of conformance with any applicable mitigating measures, restrictions, and standards. (J) Representative labeling for the in vitro clinical test, as appropriate. (K) A statement that the information submitted is truthful and accurate. (3) Test listing number The Secretary may assign a test listing number to each in vitro clinical test that is the subject of a listing under this section. The process for assigning test listing numbers may be established through guidance, and may include the recognition of standards, formats, or conventions developed by a third-party organization. (4) Abbreviated listing A person who is not a developer but is otherwise required to register pursuant to subsection (a) shall submit an abbreviated listing to the Secretary containing the information described in subparagraphs (A) through (C) of paragraph (2), and the name of the developer. The information shall be submitted in accordance with the applicable schedule described under subsection (c). Such abbreviated listing shall be prepared in such form and manner as the Secretary may specify in guidance. Listing information shall be submitted to the comprehensive test information system in accordance with section 587T, as appropriate. (5) Grandfathered tests A developer of an in vitro clinical test developer offering a test that is grandfathered under section 587A(c) shall submit listing information required under subparagraphs (A) through (K) of paragraph (2). (6) Low-risk tests A developer of a low risk in vitro clinical test shall notify and submit listing information to the Secretary within one year of offering such test for clinical use. (7) Exempt tests A developer of an in vitro clinical test who introduces or proposes to begin the introduction or delivery for introduction into interstate commerce pursuant to an exemption under section 587A may submit listing information under this subsection. (c) Timelines for Submission (1) In general The timelines for submission of registration and listing under subsections (a) and (b) are as follows: (A) For an in vitro clinical test that was listed as a device under section 510(j) prior to the date of enactment of this section, a person shall maintain a device listing under section 510 until such time as the system for submitting the notification information required under subsection (b) becomes available and thereafter shall submit the notification information no later than 1 year after the system for submitting the notification under this section becomes available. (B) For an in vitro clinical test that is subject to the grandfathering provisions of section 587A(c), a person shall submit the listing information required under subsection (b)(5) no later than 1 year after the system for submitting the notification under this section becomes available. (C) For an in vitro clinical test that is not described in subparagraph (A) or (B), a person shall submit the required notification information prior to offering, introducing, or marketing the in vitro clinical test as follows: (i) For an in vitro clinical test that is not exempt from premarket approval under section 587B, a person shall submit the required listing information no later than 30 business days after the date of approval of the premarket approval application. (ii) For a developer who has received a technology certification order under section 587D, a person shall submit the required listing information at least 30 business days after receiving such technology certification order. (2) Updates (A) Updates after changes Each developer required to submit listing information under this section shall update such information within 10 business days of any change that causes any previously notified information to be inaccurate or incomplete. (B) Annual updates Each developer required to submit listing information under this section shall update its information annually during the period beginning on October 1 and ending on December 31 of each year as a component of the annual report submitted under sections 587B and 587D. (d) Public Availability of Notification Information (1) In general Notification information submitted pursuant to this section shall be made publicly available on the website of the Food and Drug Administration in accordance with paragraph (3). (2) Confidentiality Notification information for an in vitro clinical test that is subject to premarket approval or technical certification shall remain confidential until such date as the in vitro clinical test receives the applicable premarket approval or the developer receives a technology certification order. (3) Exceptions from public availability requirements The registration and listing information requirements described in subsections (a) and (b) shall not apply to the extent the Secretary determines that such information relates to— (A) trade secret or commercial confidential information; or (B) national security or countermeasures or is restricted from disclosure pursuant to another provision of law. (e) Submission of information by accredited persons If agreed upon by the developer, the information required under this section may be submitted by an accredited person under section 587P. 587J. Test design and quality requirements (a) Applicability (1) In general Each developer and each other person required to register under section 587I(b)(1) shall establish and maintain quality requirements in accordance with the applicable requirements set forth in subsection (b), except as provided in section 587A. (2) Certified laboratory requirements A developer that operates a clinical laboratory certified by the Secretary under section 353 of the Public Health Service Act that— (A) meets the requirements for performing high-complexity testing; (B) (i) develops an vitro clinical test or indications for use; or (ii) modifies another developer’s in vitro clinical test in that certified laboratory in a manner described in section 587(6)(C); and (C) develops an in vitro clinical test or indications for use that are for use only within that certified laboratory or within another certified laboratory with common ownership, shall establish and maintain quality requirements that comply with the requirements set forth in subsection (b)(2). (3) Applicability for certain in vitro clinical tests The applicable requirements set forth in subsection (b)(1) shall apply to any instrument, specimen receptacle, or component or part that is developed for use by a clinical laboratory to which paragraph (2) applies. (4) Regulations In promulgating regulations under this section, the Secretary shall consider whether and to what extent international harmonization is appropriate. (b) Quality requirements (1) Quality requirements for laboratories without CLIA certification to conduct high-complexity tests The quality requirements applicable under this section shall— (A) avoid duplication of regulations under section 353 of the Public Health Service Act; (B) apply only to the development, validation, production, preparation, propagation, or assembly related to the design and associated manufacture and distribution of an in vitro clinical test offered under this subchapter; (C) not apply with respect to laboratory operations; and (D) shall include the following, subject to paragraphs (2) and (3)— (i) management responsibility; (ii) quality audits; (iii) personnel; (iv) design controls; (v) document controls; (vi) purchasing controls; (vii) identification and traceability; (viii) production and process controls; (ix) acceptance activities; (x) nonconforming product; (xi) corrective and preventive action; (xii) labeling and packaging controls; (xiii) handling, storage, distribution, and installation; (xiv) records; (xv) servicing; and (xvi) statistical techniques. (2) Quality requirements for laboratories certified to conduct high-complexity tests Quality requirements applicable to the in vitro clinical tests and developers described in subsection (a)(2) shall— (A) avoid duplication of regulations under section 353 of the Public Health Service Act; and (B) consist of, as directed related to the design and development— (i) design controls; (ii) purchasing controls; (iii) acceptance activities; (iv) corrective and preventative action; and (v) records. (3) Quality requirements for certain laboratories distributing in vitro clinical tests or test protocols within organizations or public health networks (A) In general Quality requirements applicable to the developer who is distributing in vitro clinical test distributed as described in subparagraph (B) shall consist of the following: (i) The requirements in paragraph (2). (ii) The labeling requirements in paragraph (1)(C)(xii). (iii) The requirement to maintain records of the laboratories to which the in vitro clinical test or test protocol is distributed. (B) Distributing laboratory Subparagraph (A) shall apply to developers that meet the following conditions: (i) The laboratory distributing the test protocol is certified by the Secretary under section 353 of the Public Health Service Act and meets the requirements for performing high-complexity testing. (ii) The laboratory develops its own in vitro clinical test or modifies another developer’s in vitro clinical test in a manner described in section 587(6)(C). (iii) The laboratory distributes the in vitro clinical test or test protocol for such test only to another laboratory that— (I) is certified by the Secretary under section 353 of the Public Health Service Act and meets the requirements for performing high-complexity testing; (II) is within the same corporate organization and having common ownership by the same parent corporation; or as applicable, is a laboratory within a public health laboratory network coordinated or managed by the Centers for Disease Control and Prevention; and (III) implements the test protocol without further modification. (c) Regulations In implementing quality requirements for test developers under this section, the Secretary shall— (1) for purposes of facilitating international harmonization, consider whether the developer participates in an audit program in which the United States participates or the United States recognizes or conforms with standards recognized by the Secretary; and (2) ensure a least burdensome approach described in section 587B(j) by leveraging, to the extent applicable, the quality assurance requirements applicable to developers certified by the Secretary under section 353 of the Public Health Service Act. 587K. Labeling requirements (a) In General An in vitro clinical test shall bear or be accompanied by labeling, and a label as applicable, that meet the requirements set forth in subsections (b) and (c), unless such test is exempt as specified in subsection (d) or (e). (b) Labels (1) In general The label of an in vitro clinical test shall meet the requirements set forth in paragraph (2), except this requirement shall not apply to an in vitro clinical test that— (A) consists solely of a test protocol; or (B) is developed, manufactured, and used solely within a single laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high-complexity testing. (2) Regulations The label of an in vitro clinical test shall state the name and place of business of its developer and meet the requirements set forth in regulations promulgated under this section. (c) Labeling (1) In general Labeling accompanying an in vitro clinical test, including labeling in the form of a package insert, standalone laboratory reference document, or other similar document except the labeling specified in paragraph (2), shall include adequate directions for use and shall meet the requirements set forth in regulations promulgated under this section, except as provided in subsection (d) or (e). (2) Content (A) In general Labeling accompanying an in vitro clinical test that is in the form of a test report template or ordering information shall include— (i) the test listing number that was provided to the developer at the time of listing; (ii) instructions for how and where to report an adverse event under section 587L; (iii) instructions for how and where to access the performance summary data displayed in the listing database for the test; (iv) the intended use of the in vitro clinical test; and (v) any warnings, contraindications, or limitations. (B) Public availability of information The Secretary shall make all of the information described in subparagraph (A) with respect to each in vitro clinical test available to the public, as applicable, in accordance with section 587T, except to the extent that the Secretary determines that such information is— (i) trade secret or commercial confidential information; or (ii) national security or countermeasures or is restricted from disclosure pursuant to another provision of law. (3) Additional requirements Labeling for an in vitro clinical test used for immunohematology testing shall meet the applicable requirements set forth in part 660 of title 21, Code of Federal Regulations (or any successor regulations), related to the labeling of blood grouping reagents, reagent red blood cells, and anti-human globulin. (d) Exemptions and alternative requirements (1) In general (A) In general With respect to an in vitro clinical test that meets the criteria of subparagraph (B), the state in one place regulations under section 809.10(b) of title 21 of the Code of Federal Regulations (or any successor regulations) may be satisfied by the laboratory posting such information on its website or in multiple documents, if such documents are maintained and accessible in one place. (B) Applicable tests An in vitro clinical test meets the criteria of this subparagraph if such test is— (i) designed and manufactured by a laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high-complexity testing; and (ii) performed in the same laboratory in which it was developed or by another such laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high complexity testing and is under common ownership with the laboratory that designed and manufactured the test. (2) Test instrument labeling The labeling for an instrument is not required to bear the information indicated in paragraphs (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13) of section 809.10(b) of title 21 of the Code of Federal Regulations (or any successor regulations). (3) Reagent labeling For purposes of compliance with subsection (c)(1), the labeling for a reagent intended for use as a replacement in an in vitro clinical test may be limited to that information necessary to identify the reagent adequately and to describe its proper use in the system. (4) Lab Research or Investigational Use A shipment or other delivery of an in vitro clinical test for research or investigational use pursuant to section 587A(m) shall be exempt from the labeling requirements of subsections (b) and (c)(1) and from any standard promulgated through regulations, except as required under section 353 of the Public Health Service Act or section 587R of this Act. (5) General Purpose Laboratory Reagents The labeling of general purpose laboratory reagents (such as hydrochloric acid) whose uses are generally known by persons trained in their use need not bear the directions for use required by subsections (b) and (c)(1). (6) Analyte Specific Reagents The labeling for analyte specific reagents shall bear the following statement: This product is intended solely for further development of an in vitro clinical test and is exempt from most FDA regulation. This product must be evaluated by the in vitro clinical test developer in accordance with applicable requirements. . If the labeling of an analyte specific reagent bears the statement set forth in this paragraph, it need not bear the information required by subsection (c)(1). (7) Over-the-counter test sample collection systems labeling The labeling for over-the-counter test sample collection systems for drugs of abuse testing shall bear the name and place of business of the developer included in the registration listing under section 587I, in language appropriate for the intended users. (e) Tests in the Strategic National Stockpile (1) In general The Secretary may grant an exception or alternative to any provision listed in this section, unless explicitly required by a statutory provision outside this subchapter, for specified lots, batches, or other units of an in vitro clinical test, if the Secretary determines that compliance with such labeling requirement could adversely affect the safety, effectiveness, or availability of such products that are or will be included in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act. (2) Regulations The Secretary may issue regulations amending section 809.11 of title 21 of the Code of Federal Regulations or any successor regulation to apply in full or in part to in vitro clinical tests and in vitro clinical test developers. (f) Guidance The Secretary may, in collaboration with developers, issue guidance on standardized, general content and format for in vitro clinical test labeling to help ensure compliance with applicable requirements in this subsection. 587L. Adverse event reporting (a) Applicability (1) In general Each in vitro clinical test developer shall establish and maintain a system for reporting adverse events in accordance with subsection (b), except as provided in section 587A. (2) Regulations The Secretary shall promulgate regulations to implement this section, including information necessary to be reported to ensure the analytical and clinical validity of in vitro clinical tests, and the safety of articles for taking or deriving specimens from the human body. (b) Adverse Event Reporting Requirements Each developer shall report to the Secretary whenever information that reasonably suggests that one of the developer's in vitro clinical tests is associated with an adverse event becomes known to the developer. (c) Reports Reports required under this section shall be submitted as follows: (1) An individual adverse event report shall be submitted for the following events not later than— (A) 5 calendar days after an in vitro clinical test developer receives or otherwise becomes aware of information that reasonably suggests the adverse event involves a patient death; or (B) 5 calendar days after an in vitro clinical test developer receives or otherwise becomes aware of information that reasonably suggests the event presents an imminent threat to public health. (2) Quarterly reports shall be submitted for all other adverse events, if any, and no later than the end of the quarter following the quarter in which the adverse event information was received by the in vitro clinical test developer. (d) Definitions In this section— (1) the term adverse event — (A) means— (i) death of, or serious injury to, a specific patient or user for which it is reasonably believed that an in vitro clinical test error contributed to such death or serious injury; or (ii) an in vitro clinical test error that may have reasonable likelihood to cause serious injury or death; and (B) excludes laboratory errors that are subject to the requirements of section 353 of the Public Health Service Act and corrective or preventive actions to prevent such errors; (2) the term in vitro clinical test error — (A) means a failure in an in vitro clinical test to meet the analytical or clinical validity standard or otherwise perform as intended by the developer; and (B) includes an inaccurate false result that reaches a health care provider, patient, or consumer, except that such term excludes any such event or error related to laboratory operations pursuant to section 353 of the Public Health Service Act; and (3) the term serious injury means— (A) a significant delay in a critical diagnosis or causing the absence, delay, or discontinuation of critical medical treatment or that irreversibly or seriously and negatively alters the course of the disease or condition; or (B) an injury that— (i) is life threatening; (ii) results in permanent impairment of a body function or permanent damage to a body structure; or (iii) necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure. 587M. Corrections and removals (a) In general The Secretary shall promulgate regulations to implement this section, including information necessary to be reported to ensure the analytical and clinical validity of in vitro clinical tests, and the safety of specimen receptacles. (b) Reports of removals and corrections (1) In general Each in vitro clinical test developer or importer shall report to the Secretary any correction or removal of an in vitro clinical test undertaken by such developer or importer if the removal or correction was undertaken— (A) to reduce the risk to health posed by the in vitro clinical test; or (B) to remedy a violation of this Act caused by the in vitro clinical test which may present a risk to health. (2) Exception No report of the correction or removal of an in vitro clinical test is required under paragraph (1) if a report of the correction or removal is required under, and has been submitted under, section 587L. (c) Timing A developer or importer shall submit any report required under this subsection to the Secretary within 15 business days of initiating such correction or removal. (d) Recordkeeping A developer or importer of an in vitro clinical test who undertakes a correction or removal of an in vitro clinical test which is not required to be reported under this subsection shall keep a record of such correction or removal. (e) Recall communications Upon the voluntary reporting of a correction or removal by the developer— (1) the Secretary shall classify such correction or removal under this section within 15 calendar days; and (2) not later than 45 calendar days after the developer or other responsible party notifies the Secretary that it has completed a recall action, the Secretary shall provide the developer or other responsible party with a written statement closing the recall action or stating the reasons the Secretary cannot close the recall at that time. (f) Limitation The developer is not required to report a correction or removal of an in vitro clinical test based solely on an adverse event report under section 587L that captures an error within the approved performance standards for such test. (g) Definitions For purposes of this section— (1) the term correction means the repair, modification, adjustment, relabeling, destruction, or inspection (including patient monitoring) of an in vitro clinical test without its physical removal from its point of use to another location, and does not include routine servicing; and (2) the term removal means the physical removal of an in vitro clinical test from its point of use to another location for repair, modification, adjustment, relabeling, destruction, or inspection, and does not include routine servicing. 587N. Restricted in vitro clinical tests (a) Applicability (1) In general The Secretary, in issuing an approval of an in vitro clinical test under section 587B of a category described in paragraph (3) may require that such test be restricted to sale, distribution, or use upon such conditions as the Secretary may prescribe under paragraph (2). (2) Conditions prescribed by the secretary The conditions prescribed by the Secretary under this paragraph, with respect to an in vitro clinical test described in paragraph (3), are those conditions which the Secretary determines due to the potentiality for harmful effect of such test (including any resulting absence, delay, or discontinuation of appropriate medical treatment), are necessary to assure the analytical or clinical validity of the test, or the safety of a specimen receptacle. (3) In vitro clinical tests subject to restrictions The restrictions authorized under this section may be applied by the Secretary to any high-risk in vitro clinical test, prescription home-use in vitro clinical test, direct-to-consumer in vitro clinical test, or over-the-counter in vitro clinical test. (b) Labeling and Advertising of a Restricted In Vitro Clinical Test The label, labeling, and advertising of an in vitro clinical test to which restrictions apply under subsection (a) shall bear such appropriate statements of the restrictions as the Secretary may prescribe in the approval, provisional approval, technology certification, or regulation, as applicable. (c) Requirements prior to enactment An in vitro clinical test that was offered, sold, or distributed as a restricted device prior to the enactment date of this subchapter shall continue to comply with the applicable restrictions under section 515 or section 520(e) until the effective date of restrictions issued under subsection (a). 587O. Appeals (a) Significant decision (1) In general The Secretary shall provide a substantive summary of the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding submission of an application for, or a review of, an in vitro clinical test under section 587B or section 587D or regarding an exemption under section 587A, including documentation of significant controversies or differences of opinion and the resolution of such controversies or differences of opinion. (2) Provision of documentation Upon request, the Secretary shall furnish a substantive summary described in paragraph (1) to the person who has made, or is seeking to make, a submission described in such paragraph. (3) Application of least burdensome requirements The substantive summary required under this subsection shall include a brief statement regarding how the least burdensome requirements were considered and applied consistent with section 587B(j), as applicable. (b) Review of significant decisions (1) Request for supervisory review of significant decision Any person may request a supervisory review of the significant decision described in subsection (a)(1). Such review may be conducted at the next supervisory level or higher above the agency official who made the significant decision. (2) Submission of request A person requesting a supervisory review under paragraph (1) shall submit such request to the Secretary not later than 30 days after the decision for which the review is requested and shall indicate in the request whether such person seeks an in-person meeting or a teleconference review. (3) Timeframe The Secretary shall schedule an in-person or teleconference review, if so requested, not later than 30 days after such request is made. The Secretary shall issue a decision to the person requesting a review under this subsection not later than 45 days after the request is made under paragraph (1), or, in the case of a person who requests an in-person meeting or teleconference, 30 days after such meeting or teleconference. (c) Advisory panels The process established under subsection (a) shall permit the appellant to request review by an advisory committee established under section 513 or 587G. The Secretary shall provide a response to an appellant under this subsection not later than 45 days after the requested advisory committee is convened. 587P. Accredited persons (a) In General (1) Review of Applications (A) Accreditation for application review Subject to subparagraph (C), during the period beginning on the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and ending 2 years after the date of enactment of such Act, the Secretary shall accredit persons for any of the following purposes: (i) Reviewing applications for premarket approval under section 587B and applications for technology certification under section 587D. (ii) Making recommendations to the Secretary with respect to an approval of an application under section 587B or issuance of a technology certification order under section 587D. (B) Requirement regarding review recommendations (i) In general In making a recommendation to the Secretary under this section, an accredited person shall notify the Secretary in writing of the reasons for the recommendation concerning the application. (ii) Time period for review Not later than 30 calendar days after the date on which the Secretary is notified of a recommendation under this section with respect to an application for premarket approval or technology certification, the Secretary shall make a determination with respect to the application. (C) Lack of applications within 2-year timeframe If the Secretary does not receive applications from persons that meet the criteria under subsection (c) within such period, the Secretary— (i) may accredit persons under this paragraph after the 2-year period described in subparagraph (A); and (ii) shall issue a public notice on the website of the Food and Drug Administration calling for applications for such accreditation. (2) Inspections (A) Accreditation for inspections Subject to subparagraph (B), during the period beginning on the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and ending 2 years after the date of enactment of such Act, the Secretary shall accredit persons for the purpose of conducting inspections of in vitro clinical test developers and other persons required to register pursuant to section 587I. (B) Lack of applications within 2-year timeframe If no persons who meet the criteria for such accreditation apply during the 2-year period described in subparagraph (A), the Secretary— (i) may accredit persons under this subparagraph after such period; and (ii) shall issue a public notice on the website of the Food and Drug Administration calling for applications for such accreditation. (C) Effect of accreditation (i) In general Persons accredited under subparagraph (A) to conduct inspections, when conducting such inspections, shall record in writing their specific observations and shall present their observations to the designated representative of the inspected establishment. (ii) Inspection report requirements Each person accredited under this paragraph shall prepare and submit to the Secretary an inspection report in a form and manner designated by the Secretary for conducting inspections, taking into consideration the goals of international harmonization of quality systems standards. Any official classification of the inspection shall be determined by the Secretary. Any statement or representation made by an employee or agent of an establishment to a person accredited to conduct inspections shall be subject to section 1001 of title 18, United States Code. (D) Savings clause Nothing in this section affects the authority of the Secretary to inspect any in vitro clinical test developer or other person registered under section 587I. (E) Inspection limitations The Secretary shall ensure that inspections carried out under this section are not duplicative of inspections carried out under section 353 of the Public Health Service Act. Inspections under this section shall be limited to the data and information necessary— (i) for routine surveillance activities associated with applications under sections 587B and 587D; or (ii) to meet the requirements to receive premarket approval under section 587B or a technology certification order under section 587D, as applicable. (b) Accreditation (1) Accreditation Program (A) In general The Secretary may provide for accreditation under this section through programs administered by the Food and Drug Administration, by other non-Federal government agencies, or by qualified nongovernmental organizations. A person may be accredited for the review of both applications submitted under sections 587B and 587D as described in subsection (a)(1)(A) and to conduct inspection activities under subsection (a)(2)(A), or for a subset of such review or activities. (B) Eligible persons Not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall issue draft guidance on the criteria that the Secretary will use to accredit or deny accreditation to a person who requests such accreditation under subsection (a), and not later than one year after the close of the comment period for the draft guidance issued in this section, issue final guidance. (C) Requirements (i) In general The Secretary shall not accredit or maintain accreditation for a person unless such person meets the minimum qualifications required under subsection (c). (ii) Scope of accreditation The accreditation of a person under this section shall specify the particular activities under subsection (a) for which such person is accredited. (D) Public list The Secretary shall publish on the website of the Food and Drug Administration a list of persons who are accredited under this section. Such list shall be updated on at least a monthly basis. The list shall specify the particular activity or activities under this section for which the person is accredited. (2) Accreditation Process (A) Accreditation process guidance The Secretary shall— (i) not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , issue draft guidance specifying the process for submitting a request for each type of accreditation and reaccreditation under this section, including the form and content of information to be submitted in such a request; and (ii) not later than 1 year after the close of the comment period for the draft guidance, issue final guidance. (B) Response to request The Secretary shall respond to a request for accreditation or reaccreditation within 60 calendar days of the receipt of the request. The Secretary’s response may be to accredit or reaccredit the person, to deny accreditation, or to request additional information in support of the request. If the Secretary requests additional information, the Secretary shall respond within 60 calendar days of receipt of such additional information to accredit or deny the accreditation. (C) Type of accreditation The accreditation or reaccreditation of a person shall specify the particular activity or activities under subsection (a) for which such person is accredited, and shall include any limitation to certain eligible in vitro clinical tests. (D) Audit The Secretary may audit the performance of persons accredited under this section for purposes of ensuring that such persons continue to meet the published criteria for accreditation, and may modify the scope or particular activities for which a person is accredited if the Secretary determines that such person fails to meet one or more criteria for accreditation. (E) Suspension or withdrawal The Secretary may suspend or withdraw accreditation of any person accredited under this section, after providing notice and an opportunity for an informal hearing, when such person is substantially not in compliance with the requirements of this section or the published criteria for accreditation, or poses a threat to public health, or fails to act in a manner that is consistent with the purposes of this section. (F) Reaccreditation Accredited persons may be initially accredited for up to 4 years. After expiration of such initial period, persons may be reaccredited for unlimited additional 4-year periods, as determined by the Secretary. (c) Qualifications of accredited Persons (1) Eligibility An accredited person, at a minimum, shall— (A) not be an employee of the Federal Government; (B) not engage in the activities of a developer, as defined in section 587(7); (C) not be a person required to register under section 587I, unless such person has established sufficient processes and protocols to separate activities to develop in vitro clinical tests and the activities for which such person would be accredited under subsection (a) and discloses applicable information under this section; (D) not be owned or controlled by, and shall have no organizational, material or financial affiliation with, an in vitro clinical test developer or other person required to register under section 587I; (E) be a legally constituted entity permitted to conduct the activities for which it seeks accreditation; (F) ensure that the operations of such person are in accordance with generally accepted professional and ethical business practices; and (G) include in its request for accreditation a commitment to, at the time of accreditation and at any time it is performing activities pursuant to this section— (i) certify that the information reported to the Secretary accurately reflects the data or protocol reviewed, and the documented inspection findings, as applicable; (ii) limit work to that for which competence and capacity are available; (iii) treat information received or learned, records, reports, and recommendations as proprietary information of the person submitting such information; and (iv) in conducting the activities for which the person is accredited in respect to a particular in vitro clinical test, protect against the use of any employee or consultant who has a financial conflict of interest regarding that in vitro clinical test. (2) Waiver The Secretary may waive any requirements in subparagraph (A), (B), (C), or (D) of paragraph (1) upon making a determination that such person has implemented other appropriate controls sufficient to ensure a competent and impartial review. (d) Compensation of Accredited Persons (1) In general Compensation of an accredited person who reviews an application for premarket approval submitted under section 587B or an application for technical certification submitted under section 587D shall be determined by agreement between the accredited person and the person who engages the services of the accredited person, and shall be paid by the person who engages such services. (2) Inspection accreditation Compensation of an accredited person who is conducting an inspection under section 704 shall be determined by agreement between the accredited person and the person who engages the services of the accredited person, and shall be paid by the person who engages such services. (e) Cooperative Agreements The Secretary is authorized to enter into cooperative arrangements with officials of foreign countries to ensure that adequate and effective means are available for purposes of determining, from time to time, whether in vitro clinical tests intended for use in the United States by a person whose facility is located outside the United States shall be refused admission on any of the grounds set forth in section 801(a). (f) Information sharing agreements An accredited person may enter into an agreement with a test developer to provide information to the comprehensive test information system under section 587T, including any requirements under section 587I. 587Q. Recognized standards (a) In general The Secretary may by order establish performance standards for an in vitro clinical test or tests with the same indication for use to provide reasonable assurance of the analytical validity, clinical validity, or as applicable safety, of that in vitro clinical test or tests with the same indications for use. (b) Other standards The Secretary may recognize all or part of appropriate standards established by nationally or internationally recognized standard development organizations for which a person may submit a declaration of conformity in order to meet a requirement under this subchapter to which that standard is applicable. In recognizing a standard, any person requesting recognition of a standard or seeking to use a recognized standard, the Secretary shall follow the processes and requirements, in accordance with section 514(c). Standards for in vitro diagnostic devices previously recognized under section 514(c) shall be considered recognized standards under this section. The application of any such consensus standard shall only apply prospectively. The Secretary shall issue guidance establishing the criteria and process for such recognition and adoption. (c) Order process In establishing a standard under subsection (a), the Secretary shall issue a draft order proposing to establish a standard and shall provide for a comment period of not less than 60 calendar days. The Secretary may seek the recommendation of an advisory committee under section 587G concerning a proposed standard either prior to or after issuance of a proposed order. After considering the comments and within 90 days of the close of the comment period, the Secretary shall issue a final order adopting the proposed standard, adopting a modification of the proposed standard or terminating the proceeding. (d) Amendment process The procedures established in this section or in guidance issued under this section shall apply to amendment of an existing standard. 587R. Investigational use (a) In general Except as provided in subsection (c), an in vitro clinical test for investigational use shall be exempt from the requirements of this subchapter other than sections 587A, 587O, and 587U. (b) Regulations Not later than 2 years after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall promulgate regulations to implement this section. (c) Application for investigational use (1) In general The following shall apply with respect to in vitro clinical tests for investigational use: (A) Streamlining applications submitted under this section Requirements with respect to such tests shall be completed in accordance with current, at the time of submitting the application, investigational use requirements for institutional review boards and current processes for any analytical or clinical validation. (B) Variation The requirements in the regulations promulgated under this section shall take into account variations based on— (i) the scope and duration of clinical testing to be conducted under investigation that is the subject of such application; (ii) the number of human subjects that are to be involved in such testing; (iii) the need to permit changes to be made in the in vitro clinical test involved during testing conducted in accordance with a plan required under paragraph (3)(B); or (iv) whether the clinical testing of such in vitro clinical test is for the purpose of developing data to obtain approval to offer such test. (C) Significant risk studies In the case of an in vitro clinical test the investigational use of which poses a significant risk, a sponsor of an investigation of such a test seeking an investigational use exemption shall submit to the Secretary an investigational use application with respect to the test in accordance with paragraphs (2) and (3). For purposes of this subparagraph, the term significant risk means, with respect to an in vitro clinical test that is a high-risk test, and that the use of the test— (i) is a use of substantial importance in performing an activity or activities described in subsection (ss)(1)(A) for, a serious or life-threatening disease or condition without confirmation of the diagnosis by a medically established means; (ii) requires an invasive sampling procedure that presents a significant risk to the human subject; or (iii) otherwise presents a reasonably foreseeable serious risk to the health of a human subject. (D) Non-significant risk tests In the case of an in vitro clinical test, the investigational use of which does not pose a significant risk— (i) the sponsor of such investigation shall— (I) conduct such investigation in compliance with an investigational plan specified in paragraph (5) and labeling specified in paragraph (3)(A)(ii); (II) ensure each investigator obtains informed consent under part 50 of title 21, Code of Federal Regulations (or any successor regulations), subject to the exceptions set forth in paragraphs (5)(A)(iii) and (5)(B); (III) submit a listing to the Secretary of such investigation; and (IV) maintain records with respect to all requirements in this subparagraph; and (ii) the sponsor may rely on any exception or exemption identified in paragraph (5)(B) or as established by the Secretary in regulations issued under subsection (b). (2) Application content An investigational use application shall be submitted in such time and manner and contain such information as the Secretary may require in regulation, and shall include an investigational plan for proposed clinical testing and assurances that the sponsor submitting the application will— (A) establish and maintain records relevant to the investigation of such in vitro clinical test; and (B) submit to the Secretary annual reports of data obtained as a result of the investigational use of the in vitro clinical test during the period covered by the exemption that the Secretary reasonably determines will enable the Secretary— (i) to ensure compliance with the conditions for the exemption specified in paragraph (3); (ii) to review the progress of the investigation involved; and (iii) to evaluate the analytical validity and clinical validity of such test. (3) Conditions for exemption (A) In general A request for an investigational use exemption with respect to significant risk tests shall be granted only if each of the following conditions is met: (i) The risks to the subjects of the in vitro clinical test are outweighed by the anticipated benefits to the subjects and the importance of the knowledge to be gained, and adequate assurance of informed consent is provided in accordance with paragraph (5)(A)(iii). (ii) The proposed labeling for the in vitro clinical test involved clearly and conspicuously states For investigational use . (iii) Such other requirements the Secretary determines to be necessary for the protection of the public health and safety as long as the requirements do not unduly delay investigation after finding that the results of such investigation establish sufficient data to support clinical or analytical validity. (B) Certain significant risk in vitro clinical tests for an unmet need As a condition for granting an exemption under this paragraph, the Secretary shall not impose a limit on the sample size for a significant risk in vitro clinical test that meets the requirements of section 587C, as long as such test is developed within a laboratory that is certified to conduct high-complexity testing under section 353 of the Public Health Service Act. (4) Coordination with investigational new drug applications Any requirement for the submission of a report to the Secretary pursuant to a request for an investigational new drug exemption involving an in vitro clinical test shall supersede the reporting requirement in paragraph (2)(B), but only to the extent the requirement with respect to the request for exemption with respect to the drug is duplicative of the reporting requirement under such paragraph. (5) Investigation plan requirements (A) In general With respect to an investigational plan submitted under paragraph (2)(A), the sponsor submitting such plan shall— (i) in the case of such a plan submitted to an institutional review committee, promptly notify the Secretary of the approval or the suspension or termination of the approval of such plan by an institutional review committee; (ii) in the case of an in vitro clinical test made available to investigators for clinical testing, assurance that all investigators will comply with this section, regulations promulgated or revised under this section, and applicable human subjects regulations; and (iii) submit an assurance to the Secretary that informed consent will be obtained from each human subject (or the representative of such subject) of proposed clinical testing involving such in vitro clinical test, except in the case that— (I) there is a life-threatening situation involving the human subject of such testing which necessitates the use of such in vitro clinical test; (II) it is not feasible to obtain informed consent from the subject; and (III) there is not sufficient time to obtain such consent from a representative of such subject. (B) Exception The informed consent of human subjects shall not be required with respect to clinical testing conducted as part of an investigation, if— (i) the clinical testing uses remnants of specimens collected for routine clinical care or analysis that would have been discarded, leftover specimens that were previously collected for other research purposes, or specimens obtained from specimen repositories; (ii) the identity of the subject of the specimen is not known to, and may not readily be ascertained by, the investigator or any other individual associated with the investigation, including the sponsor; (iii) any clinical information that accompanies the specimens does not make the specimen source identifiable to the investigator or any other individual associated with the investigation, including the sponsor; (iv) the individuals caring for the human subjects as patients are different from, and do not share information about the patient with, the individuals conducting the investigation; and (v) the specimens are provided to the investigators without personally identifiable information and the supplier of the specimens has established policies and procedures to prevent the release of personally identifiable information. (d) Review of applications (1) In general The Secretary may issue an order approving an investigation as proposed, approving it with conditions or modifications, or disapproving it. (2) Failure to act Unless the Secretary, not later than the date that is 30 calendar days after the date of the submission of an investigational use exemption request that meets the requirements of subsection (c)(2), issues an order under subsection (d)(1) and notifies the sponsor submitting the application, the request shall be treated as granted as of such date without further action by the Secretary. (3) Disapproval The Secretary may deny an investigational use request submitted under this subsection if the Secretary determines that the investigation with respect to which the request is submitted does not conform to the requirements of subsection (c)(3). A listing of such denial submitted to the sponsor with respect to such a request shall contain the order of disapproval and a complete statement of the reasons for the Secretary’s denial of the request. (e) Withdrawal of approval (1) In general The Secretary may, by administrative order, withdraw an exemption granted under this section with respect to an in vitro clinical test, including an exemption granted based on the Secretary’s failure to act pursuant to subsection (d)(2), if the Secretary determines that the test does not meet the applicable conditions under subsection (c)(3) for such exemption. (2) Opportunity to be heard (A) In general Subject to subparagraph (B), an order withdrawing the exemption granted under this section may be issued only after the Secretary provides the applicant or sponsor of the test with an opportunity for an informal hearing. (B) Exception An order referred to in subparagraph (A) with respect to an exemption granted under this subsection may be issued on a preliminary basis before the provision of an opportunity for an informal hearing if the Secretary determines that the continuation of testing under the exemption will result in an unreasonable risk to the public health. The Secretary will provide an opportunity for an informal hearing promptly following any preliminary action under this subparagraph. (f) Changes (1) In general The regulations promulgated under subsection (b) shall provide, with respect to an in vitro clinical test for which an exemption under this subsection is in effect, procedures and conditions under which the changes to the test are allowed without the additional determination on a request for an exemption or submission of a supplement to such a request. Such regulations shall provide that such a change may be made if— (A) the sponsor or applicant determines, on the basis of credible information (as defined by the Secretary) that the change meets the conditions specified in paragraph (2); and (B) the sponsor or applicant submits to the Secretary, not later than 5 calendar days after making the change, a notice of the change. (2) Conditions The conditions specified in this paragraph are that— (A) in the case of developmental changes to an in vitro clinical test (including manufacturing changes), the changes— (i) do not constitute a significant change in design or in basic principles of operation; (ii) do not affect the rights, safety, or welfare of the human subjects (if any) involved in the investigation; and (iii) are made in response to information gathered during the course of an investigation; and (B) in the case of changes to clinical protocols applicable to the test, the changes do not affect— (i) the validity of data or information resulting from the completion of an approved clinical protocol; (ii) the scientific soundness of a plan submitted under subsection (c)(5); or (iii) the rights, safety, or welfare of the human subjects (if any) involved in the investigation. (g) Clinical hold (1) In general At any time, the Secretary may impose a clinical hold with respect to an investigation of an in vitro clinical test if the Secretary makes a determination described in paragraph (2). The Secretary shall, in imposing such clinical hold, specify the basis for the clinical hold, including the specific information available to the Secretary which served as the basis for such clinical hold, and confirm such determination in writing. The applicant or sponsor may immediately appeal any such determination pursuant to section 587O. (2) Determination For purposes of paragraph (1), a determination described in this subparagraph with respect to a clinical hold is a determination that— (A) the in vitro clinical test involved represents an unreasonable risk to the safety of the persons who are the subjects of the clinical investigation, taking into account the qualifications of the clinical investigators, information about the in vitro clinical test, the design of the clinical investigation, the condition for which the in vitro clinical test is to be investigated, and the health status of the subjects involved; (B) the clinical hold should be issued for such other reasons as the Secretary may by regulation establish; or (C) any written request to the Secretary from the sponsor of an investigation that a clinical hold be removed shall receive a decision, in writing and specifying the reasons therefor, within 30 days after receipt of such request. Any such request shall include sufficient information to support the removal of such clinical hold. 587S. Collaborative communities for in vitro clinical tests (a) In general (1) For the purposes of facilitating community solutions and decision making with respect to in vitro clinical tests, the Secretary may participate in collaborative communities comprised of public and private participants that may provide recommendations and other advice to the Secretary on the development and regulation of in vitro clinical tests. (2) A collaborative community under this section shall have broad representation of interested private and public-sector stakeholder communities and may include patients, care partners, academics, health care professionals, health care systems, payors, Federal and State agencies, entities responsible for accrediting clinical laboratories, international regulatory bodies, test developers, or other interested entities or communities. (b) Guidance The Secretary shall issue a draft guidance not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , addressing the participation process and framework to build consensus, and how the Secretary may consider, review, and implement recommendations under subsection (c). (c) Recommendations A collaborative community for in vitro clinical tests may make recommendations to the Secretary on matters including— (1) mitigating measures for in vitro clinical tests; (2) standards development activities and performance standards for in vitro clinical tests or groups of such tests; (3) scientific and clinical evidence to support new claims for in vitro clinical tests; (4) new technologies and methodologies related to in vitro clinical tests; (5) stakeholder communication and engagement; and (6) development of effective policies and processes, including to develop tests, and to regulate such tests in accordance with least burdensome requirements described in section 587B(j). (d) Use by Secretary (1) In general The Secretary may adopt recommendations made under subsection (b), or otherwise incorporate the feedback from collaborative communities into regulatory decision making, through rulemaking or guidance, as appropriate. (2) Clarification The Secretary is not required to adopt recommendations submitted by collaborative communities. (e) Transparency The Secretary shall— (1) publish on the website of the Food and Drug Administration matters for which it is seeking comments or recommendations, in a timely manner; (2) maintain a list of all collaborative communities in which the Secretary participates and make such list available on the website of the Food and Drug Administration; and (3) post on the website of the Food and Drug Administration at least once every year a report on the recommendations it has adopted and recommendations it has not adopted from collaborative communities. (f) Participation The Secretary may participate in a collaborative community only if such community requires members to disclose conflicts of interest and has established a process to address conflicts of interest. (g) Exemption The collaborative communities established and used in accordance with this section shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). 587T. Comprehensive test information system (a) Purpose For the purposes of improving the transparency of information on in vitro clinical tests and allowing patients and health care providers better access to information about in vitro clinical tests, the Secretary shall establish a comprehensive test information system. (b) Establishment Not later than 2 years after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 , the Secretary shall make available a comprehensive test information system for in vitro clinical tests that is designed to— (1) provide a transparent interface on the website of the Food and Drug Administration for stakeholders, to the extent permitted by applicable law, to access the— (A) regulatory pathway designation information for each in vitro clinical test or tests with the same indications for use; (B) registration and listing information provided by developers under section 587I, including the use of a link for labels; (C) adverse event reports submitted under section 587L; (D) reports of corrections and removals submitted under section 587M; and (E) other information pertaining to an in vitro clinical test or tests with the same indications for use, as the Secretary determines appropriate; and (2) provide a secure portal for electronic submission, including applications and other in vitro clinical test submissions, registration and listing information, and adverse event reports. (c) Submission function The comprehensive test information system shall serve as the electronic submission service for test developers submitting information for applications under sections 587B and 587D. 587U. Preemption (a) In general No State, Tribal, or local government (or political subdivision thereof) may establish or continue in effect any requirement related to the development, manufacture, labeling, distribution, sale, or use of an in vitro clinical test that is different from, or in addition to, the requirements of this subchapter. (b) Exceptions Subsection (a) shall not be construed to affect the authority of a State, Tribal, or local government— (1) to license laboratory personnel, health care practitioners, or health care facilities or to regulate any aspect of a health care practitioner-patient relationship; or (2) to enforce laws of general applicability, such as zoning laws, environmental laws, labor laws, and general business laws. (c) Clarification This section shall not be construed to shift liability to health care practitioners or other users. 587V. Adulteration An in vitro clinical test shall be deemed to be adulterated: (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance. (2) If it has been developed, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health. (3) If its container or package is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. (4) If it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of section 721(a). (5) If its analytical or clinical validity, or with respect to a specimen receptacle, its safety, or its strength, purity, or quality, differs from or falls below that which it purports or is represented to possess. (6) If it is required to be, declared to be, purports to be, or is represented as being, in conformity with any performance standard established or recognized under section 587Q and is not in all respects in conformity with such standard. (7) If it is required to be in conformity with a mitigating measure established under section 587E and is not in all respects in conformity with such mitigating measure. (8) If it fails to have an approved premarket application under section 587B unless such in vitro clinical test can be lawfully offered— (A) for clinical use pursuant to an exemption under section 587A; (B) for emergency use pursuant to an authorization under section 564; or (C) for investigational use pursuant to section 587R. (9) If it is not in conformity with any condition established under section 587B, 587D, or 564. (10) If it purports to be an in vitro clinical test that is offered for clinical use subject to an exemption under section 587A and it fails to meet or maintain any criteria, condition, or requirement of such exemption. (11) If it has been granted an exemption under section 587R for investigational use, and the person granted such exemption or any investigator who uses such in vitro clinical test under such exemption fails to comply with a requirement prescribed by or under such section. (12) If it fails to meet the quality requirements prescribed in or established under section 587J (as applicable), or the methods used in, or facilities or controls used for, its development, manufacture, packing, storage, or installation are not in conformity with applicable requirements established under such section. (13) If it has been developed, manufactured, processed, packed or held in any establishment, factory, or warehouse and the owner, operator or agent of such establishment, factory, or warehouse delays, denies, or limits an inspection, or refuses to permit entry or inspection. (14) If it is not in compliance with any restriction required under section 587N. 587W. Misbranding An in vitro clinical test shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular. (2) If in a package form unless it bears a label containing— (A) the name and place of business of the test developer, manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of contents in terms of weight, measure, or numerical count with respect to small packages, unless an exemption is granted by the Secretary by the issuance of guidance. (3) If any word, statement, or other information required by or under authority of this Act to appear on the label or labeling, including a test report, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (4) Unless its labeling bears adequate directions for use and such adequate warnings as are necessary for the protection of users of the in vitro clinical test and recipients of the results of such in vitro clinical test, including patients, consumers, donors, and related health care professionals. Required labeling for in vitro clinical tests intended for use in health care facilities or by a health care professional may be made available solely by electronic means, provided that the labeling complies with all applicable requirements of law, and that the test developer, manufacturer, or distributor affords such users the opportunity to request the labeling in paper form, and after such request, promptly provides the requested information without additional cost. (5) If it causes serious or adverse health consequences or death, including through absence, delay, or discontinuation in diagnosis or treatment, when used in the manner prescribed, recommended, or suggested in the labeling thereof. (6) If it was developed or manufactured in an establishment not duly registered under section 587I or it was not included in a listing under section 587I, in accordance with timely reporting requirements under this subchapter. (7) In the case of any in vitro clinical test subject to restrictions under section 587N, (1) if its advertising is false or misleading in any particular, (2) if it is offered for clinical use, sold, distributed, or used in violation of such restrictions, or (3) unless the test developer, manufacturer, or distributor includes in all advertisements and other descriptive printed matter that such person issues or causes to be issued, a brief statement of the intended uses of the in vitro clinical test and relevant warnings, precautions, side effects, and contraindications. This subsection shall not be applicable to any printed matter that the Secretary determines to be labeling as defined in section 201(m) or section 587K. (8) If it was subject to a mitigating measure established under section 587E, unless it bears such labeling as may be prescribed in such mitigating measure. (9) If it was subject to a standard established under section 587Q, unless it bears such labeling as may be prescribed in such standard. (10) Unless it bears such labeling as may be prescribed by or established under an applicable labeling requirement under this Act. (11) If there was a failure or refusal to comply with any requirement prescribed under section 587I or 587X, or to comply with a requirement under section 587Y, or to provide any report, material, or information required under this subchapter. 587X. Postmarket surveillance (a) In general (1) In general In addition to other applicable requirements under this Act, the Secretary may issue an order requiring a developer to conduct postmarket surveillance of a single in vitro clinical test as a condition of approval under section 587B. (2) Exempt tests The Secretary may order postmarket surveillance for tests exempt pursuant to section 587A for which the failure of the in vitro clinical test to meet the applicable standard for approval is likely to result in serious or adverse health consequences or death from use of the single in vitro clinical test. (3) Consideration In determining whether to require a developer to conduct postmarket surveillance of an in vitro clinical test, the Secretary shall take into consideration the benefits and risks for the patient and the least burdensome principles under section 587B. (b) Surveillance approval (1) Each developer required to conduct a surveillance of an in vitro clinical test shall submit, within 30 days of receiving an order from the Secretary, a plan for the required surveillance. The Secretary, within 60 days of the receipt of such plan, shall determine if the person designated to conduct the surveillance has the appropriate qualifications and experience to undertake such surveillance and if the plan will result in useful data that can reveal unforeseen adverse events or other information necessary to protect the health of patients or the public. (2) The developer shall commence surveillance under this section not later than 15 months after the day on which the Secretary orders such postmarket surveillance, unless the Secretary determines more time is needed to commence surveillance. (3) The Secretary may order a prospective surveillance period of up to 3 years. Any determination by the Secretary that a longer period is necessary shall be made by mutual agreement between the Secretary and the manufacturer or, if no agreement can be reached, after the completion of a dispute resolution process. 587Y. Electronic format for submissions (a) In general All presubmissions and submissions to the Food and Drug Administration with respect to an in vitro clinical test shall include an electronic copy of such presubmission or submission, and, with respect to the information required under sections 587B and 587D, shall utilize the system described in section 587T. (b) Electronic format Beginning on such date as the Secretary specifies in final guidance issued under subsection (c), presubmissions and submissions for in vitro clinical tests (and any appeals of action taken by the Secretary with respect to such presubmissions and submissions) shall be submitted solely in such electronic format as specified by the Secretary in such guidance. (c) Guidance The Secretary shall issue guidance implementing this section. In such guidance, the Secretary may— (1) provide standards for the electronic copy required under subsection (a) or the submission in electronic format required under subsection (b); (2) set forth criteria for waivers of or exemptions from the requirements of subsection (a) or (b); and (3) provide any other information for the efficient implementation and enforcement of this section. 587Z. Postmarket remedies (a) Safety Notice (1) In general If the Secretary determines that an in vitro clinical test presents an unreasonable risk of substantial harm to the public health, and notification under this subsection is necessary to eliminate the unreasonable risk of such harm and no more practicable means is available under the provisions of this Act (other than this section) to eliminate the risk, the Secretary may issue such order as may be necessary to ensure that adequate safety notice is provided in an appropriate form, by the persons and means best suited under the circumstances, to all health care professionals who prescribe, order, or use the in vitro clinical test and to any other person (including developers, manufacturers, importers, distributors, retailers, and users) who should properly receive such notice. (2) Notice to individuals An order under this subsection shall require that the individuals subject to the risk with respect to which the order is to be issued be included in the persons to be notified of the risk unless the Secretary determines that notice to such individuals would present a greater danger to the health of such individuals than no such notice. If the Secretary makes such a determination with respect to such individuals, the order shall advise the health care professionals who prescribed, ordered, or used the in vitro clinical test provide notification to the individuals for whom the health professionals prescribed, ordered, or used such test, of the risk presented by such in vitro clinical test and of any action which may be taken by or on behalf of such individuals to eliminate or reduce such risk. Before issuing an order under this subsection, the Secretary shall consult with the persons required to give notice under the order. (b) Repair, Replacement, or Refund (1) Determination after an informal hearing (A) In general If, after affording opportunity for an informal hearing, the Secretary determines that— (i) an in vitro clinical test presents an unreasonable risk of substantial harm to the public health; (ii) there are reasonable grounds to believe that the in vitro clinical test was not properly developed or manufactured considering the state of the art as it existed at the time of its development or manufacture; (iii) there are reasonable grounds to believe that the unreasonable risk was not caused by failure of a person other than a developer, manufacturer, importer, distributor, or retailer of the in vitro clinical test to exercise due care in the installation, maintenance, repair, or use of the in vitro clinical test; and (iv) the notice authorized by subsection (a) would not by itself be sufficient to eliminate the unreasonable risk and action described in paragraph (2) of this subsection is necessary to eliminate such risk, the Secretary may order the developer, manufacturer, importer, or any distributor of such in vitro clinical test, or any combination of such persons, to submit to him within a reasonable time a plan for taking one or more of the actions described in paragraph (2). An order issued under the preceding sentence which is directed to more than one person shall specify which person may decide which action shall be taken under such plan and the person specified shall be the person who the Secretary determines bears the principal, ultimate financial responsibility for action taken under the plan unless the Secretary cannot determine who bears such responsibility or the Secretary determines that the protection of the public health requires that such decision be made by a person (including a health professional or user of the in vitro clinical test) other than the person the Secretary determines bears such responsibility. (B) Secretary approval of plan Within 30 calendar days of issuing an order under subparagraph (A), the Secretary shall approve a plan submitted pursuant to an order issued under subparagraph (A) unless the Secretary determines (after affording opportunity for an informal hearing) that the action or actions to be taken under the plan or the manner in which such action or actions are to be taken under the plan will not assure that the unreasonable risk with respect to which such order was issued will be eliminated. If the Secretary disapproves a plan, the Secretary shall order a revised plan to be submitted within a reasonable time. If the Secretary determines (after affording opportunity for an informal hearing) that the revised plan is unsatisfactory or if no revised plan or no initial plan has been submitted to the Secretary within the prescribed time, the Secretary shall (i) prescribe a plan to be carried out by the person or persons to whom the order issued under subparagraph (A) was directed, or (ii) after affording an opportunity for an informal hearing, by order prescribe a plan to be carried out by a person who is a manufacturer, importer, distributor, or retailer of the in vitro clinical test with respect to which the order was issued but to whom the order under subparagraph (A) was not directed. (2) Actions on a plan The actions which may be taken under a plan submitted under an order issued under paragraph (1) are as follows: (A) To repair the in vitro clinical test so that it does not present the unreasonable risk of substantial harm with respect to which the order under paragraph (1)(A) was issued. (B) To replace the in vitro clinical test with a like or equivalent test which is in conformity with all applicable requirements of this Act. (C) To refund the purchase price of the in vitro clinical test (less a reasonable allowance for use if such in vitro clinical test has been in the possession of the user for one year or more at the time of notice ordered under subsection (a), or at the time the user receives actual notice of the unreasonable risk with respect to which the order was issued under paragraph (1)(A), whichever occurs first). (3) No charge No charge shall be made to any person (other than a developer, manufacturer, importer, distributor or retailer) for using a remedy described in paragraph (2) and provided under an order issued under paragraph (1), and the person subject to the order shall reimburse each person (other than a developer, manufacturer, importer, distributor, or retailer) who is entitled to such a remedy for any reasonable and foreseeable expenses actually incurred by such person in availing himself of such remedy. (c) Reimbursement An order issued under subsection (b)(1)(A) with respect to an in vitro clinical test may require any person who is a developer, manufacturer, importer, distributor, or retailer of the in vitro clinical test to reimburse any other person who is a developer, manufacturer, importer, distributor, or retailer of such in vitro clinical test for such other person’s expenses actually incurred in connection with carrying out the order if the Secretary determines such reimbursement is required for the protection of the public health. Any such requirement shall not affect any rights or obligations under any contract to which the person receiving reimbursement or the person making such reimbursement is a party. (d) Recall Authority (1) In general If the Secretary finds that there is a reasonable probability that an in vitro clinical test approved under section 587B would cause serious, adverse health consequences or death, including by the absence, delay, or discontinuation of appropriate medical treatment, the Secretary shall issue an order requiring the appropriate person (including the developers, manufacturers, importers, distributors, or retailers of the in vitro clinical test)— (A) to immediately cease distribution of such in vitro clinical test; and (B) to immediately notify health professionals and user facilities of the order and to instruct such professionals and facilities to cease use of such in vitro clinical test. (2) Informal hearing The order issued under paragraph (1)(A), shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 calendar days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of such in vitro clinical test. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. (3) Amended order (A) In general If, after providing an opportunity for an informal hearing under paragraph (2), the Secretary determines that the order should be amended to include a recall of the in vitro clinical test with respect to which the order was issued, the Secretary shall, except as provided in subparagraph (B), amend the order to require a recall. The Secretary shall specify a timetable in which the recall will occur and shall require periodic reports describing the progress of the recall. (B) Requirements An amended order under subparagraph (A)— (i) shall not include recall of the in vitro clinical test from individuals; (ii) shall not include recall of an in vitro clinical test from test user facilities if the Secretary determines that the risk of recalling such in vitro clinical test from the facilities presents a greater health risk than the health risk of not recalling the in vitro clinical test from use; and (iii) shall provide for notice to individuals subject to the risks associated with the use of such in vitro clinical test. In providing the notice required by this clause, the Secretary may use the assistance of health professionals who prescribed, ordered, or used such an in vitro clinical test for individuals. (4) Clarification The remedy provided by this subsection shall be in addition to remedies provided by subsections (b) and (c). . 4. Enforcement and other provisions (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended— (1) in paragraphs (a), (b), (c), (g), (k), (q), (r), and (y), by inserting in vitro clinical test, after device, each place it appears; (2) in paragraph (y) by inserting or 587P after section 523 each place it appears; and (3) by adding at the end, the following: (fff) (1) The introduction or delivery for introduction into interstate commerce of an in vitro clinical test in violation of section 587B(a). (2) The false, fraudulent, or deceptive claiming for an in vitro clinical test of an exemption from the premarket review required under section 587B. (3) When claiming an exemption under section 587A from the premarket review required under section 587B, the failure to maintain complete and accurate documentation for the exemption as required under section 587A or the failure to provide labeling required under section 587A. (4) With respect to an in vitro clinical test, the submission of any report that is required by or under this Act that is false or misleading in any material respect. (5) The making of a false, fraudulent, or materially deceptive analytical or clinical claim for an in vitro clinical test— (A) in any application, report, or notification submitted to the Secretary under this Act; or (B) in the labeling or advertising of an in vitro clinical test. (6) The failure to comply with a condition of approval, performance standard, mitigating measure, or restriction established in an order approving an application or supplement under section 587B; the failure to perform a risk analysis required by section 587B; the failure to submit an annual report required under section 587B(k); or the failure to complete postmarket studies required under section 587V. (7) The marketing of an in vitro clinical test in violation of— (A) an order issued by the Secretary under section 587A; or (B) any requirement under section 587A. (8) With respect to technology certification under section 587D, the refusal to permit, or unreasonable delay in permitting, an inspection authorized under section 587D(f)(3)(G); the failure to comply with applicable requirements to submit an application or report under section 587D(e); or the failure to comply with applicable maintenance requirements under section 587D(h). (9) The failure to comply with an applicable mitigating measure established under section 587E or to maintain the documentation required under section 587E(b); or the failure to comply with a performance standard established under section 587Q. (10) The failure to register in accordance with section 587I, the failure to provide information required under section 587I(b), or the failure to maintain or submit information required under section 587I(c). (11) The failure to submit a report required under section 587L or 587M; the failure to comply with a restriction imposed under section 587N; or the failure to comply with labeling and advertising requirements under section 587N(b). (12) The failure to comply with the requirements of section 587P (relating to accredited persons). (13) The failure to comply with any requirement prescribed or established under section 587R; the failure to furnish any notification, information, material, or report required under section 587R; or the failure to comply with an order issued under section 587R. . (b) Penalties Section 303(f)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(f)(1) ) is amended— (1) in subparagraph (A), by inserting or in vitro clinical tests after devices ; and (2) in subparagraph (B)(i)— (A) by inserting , or 587J or 587L, after 520(f) ; and (B) by inserting , or who violates section 587M(b) with respect to a correction report after risk to public health . (c) Seizure Section 304 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334 ) is amended— (1) in subsection (a)(2)— (A) by striking and before (E) Any ; and (B) by inserting , and (F) Any adulterated or misbranded in vitro clinical test after tobacco product ; (2) in subsection (d)(1), by inserting in vitro clinical test, after device, ; and (3) in subsection (g)— (A) in paragraph (1), by inserting , in vitro clinical test, after device each place it appears; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting , in vitro clinical test, after device ; and (ii) in subparagraph (B), by inserting or in vitro clinical test after device each place it appears. (d) Debarment, temporary denial of approval, and suspension Section 306 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 335a ) is amended by adding at the end the following: (n) In vitro clinical tests; mandatory debarment regarding third-Party inspections and reviews (1) In general If the Secretary finds that a person has been convicted of a felony under section 301(gg), 301(fff)(2), 301(fff)(5), or 301(fff)(8), the Secretary shall debar such person from being accredited under section 587P and from carrying out activities under an agreement described in section 803(b). (2) Debarment period The Secretary shall debar a person under paragraph (1) for the following periods: (A) The period of debarment of a person (other than an individual) shall not be less than 1 year or more than 10 years, but if an act leading to a subsequent debarment under such paragraph occurs within 10 years after such person has been debarred under such paragraph, the period of debarment shall be permanent. (B) The debarment of an individual shall be permanent. (3) Termination of debarment; judicial review; other matters Subsections (c)(3), (d), (e), (i), (j), and (l)(1) apply with respect to a person (other than an individual) or an individual who is debarred under paragraph (1) to the same extent and in the same manner as such subsections apply with respect to a person who is debarred under subsection (a)(1), or an individual who is debarred under subsection (a)(2), respectively. . (e) Judicial review Section 517(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360g(a) ) is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by inserting or after the comma at the end; and (3) before the matter that follows paragraph (9), by inserting the following: (10) an order issued pursuant to section 587B, 587D, 587R, or 587S, . (f) Expanded access to unapproved therapies and diagnostics Section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ) is amended— (1) in subsections (a) through (d)— (A) by striking or investigational devices each place it appears and inserting , investigational devices, or investigational in vitro clinical tests ; and (B) by striking or investigational device each place it appears (other than the second such place in paragraph (3)(A)) and inserting , investigational device, or investigational in vitro clinical test ; (2) in subsection (b)(4) by striking or 520(g) and inserting , 520(g), or 587R each place it appears; (3) in subsection (c)— (A) by amending the subsection heading to read: Treatment investigational new drug applications, treatment investigational device exemptions, and treatment investigational in vitro clinical test exemptions ; (B) in paragraph (3)(A), by striking or investigational device exemption in effect under section 520(g) and inserting , investigational device exemption in effect under section 520(g), or investigational in vitro clinical test exemption under section 587R ; (C) by striking or treatment investigational device exemption each place it appears and inserting , treatment investigational device exemption, or treatment investigational in vitro clinical test exemption ; and (D) in the matter following paragraph (7) by striking or 520(g) each place it appears and inserting , 520(g) or 587R ; and (4) by amending subsection (e) to read as follows: (e) Definitions In this section, the terms investigational drug , investigational device , investigational in vitro clinical test , treatment investigational new drug application , treatment investigational device exemption , and treatment investigational in vitro clinical test exemption shall have the meanings given the terms in regulations prescribed by the Secretary. . (g) Optimizing global clinical trials Section 569A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–8a(b)) is amended by inserting an in vitro clinical test, as defined in subsection (ss) of such section, before or a biological product . (h) Patient Participation in Medical Product Discussion The heading of subsection (a) of section 569C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–8c ) is amended by striking Drugs and Devices and inserting Drugs, Devices, and In Vitro Clinical Tests . (i) Regulations and hearings Section 701(h)(1)(C)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 371(h)(1)(C)(ii) ) is amended by inserting and in vitro clinical tests after devices . (j) Factory inspection Section 704 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 374 ) (other than subsection (g)) is amended— (1) by striking drugs or devices each place it appears and inserting drugs, devices, or in vitro clinical tests ; (2) in subsection (a)(1), in the third sentence, by striking or chapter IX and inserting section 587R or chapter IX ; (3) in subsection (a)(2)(B)— (A) by inserting or in vitro clinical tests after prescribe or use devices ; and (B) by inserting or in vitro clinical tests after process devices ; (4) by inserting in vitro clinical test, after device, each place it appears; (5) after making the amendments in paragraphs (1) and (2), by inserting in vitro clinical tests, after devices, each place it appears; (6) in subsection (e), by inserting , or section 587L, 587M, or 587R, after section 519 or 520(g) ; and (7) in subsection (f)(3)— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; and (C) after subparagraph (B), by inserting the following: (C) is accredited under section 587P. . (k) Publicity Section 705(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 375(b) ) is amended by inserting in vitro clinical tests, after devices, . (l) Presumption Section 709 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379a ) is amended by inserting in vitro clinical test, after device, . (m) Imports and exports Section 801 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 ) is amended— (1) in subsection (a)— (A) by inserting in vitro clinical tests, after devices, each place it appears; and (B) by inserting in the case of an in vitro clinical test, the test does not conform to the applicable requirements of section 587J, or after requirements of section 520(f), or ; (2) in subsection (d)(3)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting and no component of an in vitro clinical test or other article of in vitro clinical test that requires further processing, after health-related purposes ; (ii) in clause (i), by striking drug or device and inserting drug, device, or in vitro clinical test ; and (iii) in clause (i)(I), by inserting in vitro clinical test, after device, ; and (B) in subparagraph (B), by inserting in vitro clinical test, after device, ; and (3) in subsection (e)(1), by inserting in vitro clinical test, after device, . (n) Office of international relations Section 803 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 383 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting and in vitro clinical tests after devices ; and (B) in paragraph (1), by inserting quality requirements established under section 587J; and at the end; and (2) in subsection (c)— (A) in paragraph (2), by inserting in vitro clinical tests, after devices, ; and (B) in paragraph (4), by inserting or in vitro clinical tests after devices . (o) Recognition of Foreign Government Inspections Section 809(a)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384e(a)(1) ) is amended by inserting , or section 587I after 510(h) . (p) Food and Drug Administration Section 1003(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 393(b)(2) ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the semicolon at the end and inserting ; and ; and (3) by adding at the end the following: (F) in vitro clinical tests are analytically and clinically valid; . (q) Office of Women's Health Section 1011(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399b(b) ) is amended— (1) in paragraph (1), by inserting in vitro clinical tests, after devices, ; and (2) in paragraph (4), by striking and device manufacturers and inserting device manufacturers, and in vitro clinical test developers, . (r) Countermeasure provisions of the PHSA Title III of the PHSA is amended— (1) in section 319F–2(c)(1)(B) (42 U.S.C. 247d–6b(c)(1)(B)) is amended— (A) by striking or device and inserting device ; and (B) by inserting or an in vitro clinical test (as that term is defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ss) )) after Act ( 21 U.S.C. 321(h) )) ; (2) in section 319F–1(a)(2) (42 U.S.C. 247d–6a(a)(2)), by inserting an in vitro clinical tests (as that term is defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ss) )), before or device ; and (3) in section 319F–3(i)(7) (42 U.S.C. 247d–6d(i)(7)), by inserting an in vitro clinical tests (as that term is defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ss) )), before or device . 5. Transition (a) Implementation (1) Effective date (A) In general Except as otherwise provided in this section, the amendments made by this Act apply 4 years after the date of enactment of this Act (in this section and in subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act, referred to in this section as the effective date of this Act ). (B) Exception The Secretary of Health and Human Services (in this section referred to as the Secretary ) may take the actions described in paragraph (2), and may expend such funds as the Secretary determines necessary to ensure an orderly transition. (2) Actions The Secretary shall, prior to the date on which the amendments made by this Act generally apply pursuant to paragraph (1)— (A) within 1 year of the date of enactment of this Act hold the public meetings described in subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by section 3; (B) within 2 years of the date of enactment of this Act promulgate final regulations required under sections 587B, 587D, 587L, 587M, 587V, and 587W; and (C) within 2 years of the date of enactment of this Act issue final guidance on applicability requirements under section 587A. (3) Applicability of regulations Notwithstanding the date on which guidance or regulations are issued under paragraph (2), no guidance or regulations issued pursuant to the amendments made by this Act shall take effect until the effective date of this Act, as described in paragraph (1), except as otherwise provided for transitional tests under this section. (b) Application of authorities to In vitro clinical tests until and after effective date of this act Except as provided in subsections (c) and (d), for any in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, the following authorities shall apply: (1) Tests offered prior to enactment An in vitro clinical test that meets the criteria for a grandfathered test as set forth in section 587A(c)(2) of the Federal Food, Drug, and Cosmetic Act, as added by section 3, may continue to be offered for clinical use and shall be subject only to applicable provisions of section 353 of the Public Health Service Act and section 587A(a)(4) of the Federal Food, Drug, and Cosmetic Act, as added by section 3. (2) Tests approved or cleared on or after the date of enactment but prior to the effective date Before any in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, is first offered, sold, or distributed after the date of enactment of this Act, but prior to the effective date of this Act, such product or test shall be considered a transitional test as described under subsection (c) and comply with the applicable device provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) and the Public Health Service Act ( 42 U.S.C. 201 et seq. ). (3) Tests under fda review beginning on or after the date of enactment of this act but prior to implementation For any in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, for which a submission for marketing authorization under section 515, clearance under section 510(k), authorization under section 513(f)(2), approval under section 520(m), or emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360e , 360(k), 360c(f)(2), 360j(m), 360bbb–3) or approval under the Public Health Service Act ( 42 U.S.C. 201 et seq. ) is pending on the effective date of this Act, the Secretary may review and take action on such submission after the effective date of this Act according to the statutory provision under which such submission was submitted. (c) Application of authorities to transitional and grandfathered In vitro clinical tests (1) Definition For purposes of this section, the term transitional in vitro clinical test means an in vitro clinical test, as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, that— (A) is offered for clinical use during the period beginning on the date of enactment of this Act and ending on the date that is 90 days after the effective date of this Act; (B) is developed by a clinical laboratory certified by the Secretary under section 353 of the Public Health Service Act ( 42 U.S.C. 263a ) that meets the requirements for performing high-complexity testing for use only within that certified laboratory or another laboratory within the organization under common ownership; and (C) is not approved under section 515, cleared under section 510(k), authorized under section 513(f)(2), subject to an exemption under section 520(m), or authorized under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360e , 360(k), 360c(f)(2), 360j(m), 360bbb–3) or approval under the Public Health Service Act ( 42 U.S.C. 201 et seq. ). (2) Premarket review or technology certification A transitional in vitro clinical test that is the subject of an application for premarket review under section 587B of the Federal Food, Drug, and Cosmetic Act or technology certification application under section 587D of such Act, as added by this Act, that is submitted prior to the effective date of this Act may continue to be offered, sold, or distributed until completion of the Secretary’s review of the premarket application or technology certification application. (d) Conversion (1) Deemed premarket approval Any in vitro clinical test (as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act) with a premarket approval under section 515, a clearance under section 510(k), an authorization under section 513(f), or a licensure under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) is deemed to have an approved application under section 587B of the Federal Food, Drug, and Cosmetic Act, as added by this Act, beginning on the later of— (A) the effective date of this Act; or (B) such other date, not later than 3 years after such effective date, as the person responsible for the device selects. (2) Deemed investigational use approval Any in vitro clinical test (as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act) that has an approved investigational device exemption under section 520(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360j(g) ) is deemed to have an approved investigational use under section 587Q of such Act, as added by this Act, beginning on the effective date of this Act. (e) Instruments An instrument (as defined in section 587 of the Federal Food, Drug, and Cosmetic Act, as added by this Act) that was purchased prior to the date of enactment of this Act and was not cleared, authorized, or approved by the Food and Drug Administration or part of an instrument family that was cleared, authorized, or approved by the Food and Drug Administration at the time of purchase may continue to be used by the purchaser to develop and introduce into interstate commerce an in vitro clinical test during the period beginning on the date of enactment of this Act and ending 5 years after such date of enactment. Beginning at the end of such period, any new in vitro clinical test that is developed and introduced into interstate commerce shall be based on an instrument (as defined in section 587(11) of the Federal Food, Drug, and Cosmetic Act, as added by section 3) that complies with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended by this Act. (f) Relation to In vitro clinical test provision This section applies notwithstanding section 587A(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act, as added by this Act. 6. Emergency use authorization Section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) is amended— (1) in paragraphs (1) and (4)(C) of subsection (a), by inserting in vitro clinical test, before or biological product each place such term appears; and (2) in subsection (e)(3)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) quality system requirements (with respect to in vitro clinical tests) under section 587J. . 7. Antimicrobial susceptibility tests Section 511A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360a–2 ) is amended— (1) in subsection (a)(1)(C)— (A) by striking or approve under section 515 and inserting approve under section 515, or approve, exempt, or issue a technology certification order under subchapter J ; and (B) by striking testing devices and inserting tests ; (2) in subsection (c)(5), by striking drug or device each place it appears and inserting drug, device, or in vitro clinical test ; (3) in subsection (e)— (A) in the heading, by striking testing devices and inserting In vitro clinical tests ; (B) in paragraph (1)— (i) by striking and 515, and inserting 515, 587B, and 587D ; (ii) by striking antimicrobial susceptibility testing device and inserting antimicrobial susceptibility in vitro clinical test ; and (iii) by striking such device and inserting such test ; (C) in paragraph (2)— (i) in the heading, by striking testing devices and inserting in vitro clinical tests ; and (ii) by amending subparagraph (C) to read as follows: (C) The antimicrobial susceptibility in vitro clinical test meets all other requirements to be approved under section 587B or exempted from premarket review under section 587D. ; and (D) after making the amendments in subparagraphs (B)(ii), (B)(iii), and (C)(ii), by striking device each place it appears and inserting in vitro clinical test ; (4) in subsection (f), by amending paragraph (1) to read as follows: (1) The term antimicrobial susceptibility in vitro clinical test means an in vitro clinical test that utilizes susceptibility test interpretive criteria to determine and report the in vitro susceptibility of certain microorganisms to a drug (or drugs). ; and (5) in subsection (g)(2)— (A) by amending the matter preceding subparagraph (A) to read as follows: (2) with respect to clearing under section 510(k), classifying under section 513(f)(2), approving under section 515 or section 587B, or exempting from approval requirements under section 587D— ; and (B) in subparagraph (A)— (i) by striking device and inserting in vitro clinical test ; and (ii) by striking antimicrobial susceptibility testing device and inserting antimicrobial susceptibility in vitro clinical test . 8. Combination products (a) In general Section 503(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(g) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by inserting (except for a combination product constituted of a device and an in vitro clinical test) after agency center, ; and (ii) by inserting in vitro clinical test, before or biological product ; and (B) in subparagraph (D)— (i) in the matter preceding clause (i), by striking . If the Secretary determines and inserting , except for a combination product constituted of a device and an in vitro clinical test. For other combination products, if the Secretary determines ; and (ii) in clause (ii)— (I) by inserting or in vitro clinical test after device ; and (II) by inserting and in vitro clinical tests before shall ; (2) in paragraph (3), by striking safety and effectiveness or substantial equivalence and inserting safety and effectiveness, substantial equivalence, or analytical validity and clinical validity before for the approved constituent part ; (3) in paragraph (4)— (A) in subparagraph (A), by striking or 513(f)(2) (submitted in accordance with paragraph (5)) and inserting 513(f)(2) (submitted in accordance with paragraph (5)), 587B, or an exempt test under section 587A, as applicable ; and (B) in subparagraph (B), by inserting or 587B after section 515 ; (4) in paragraph (5)(A), by striking or 510(k) and inserting , 510(k), or 587B ; (5) in paragraph (7), by striking or substantial equivalence and inserting , substantial equivalence, or analytical validity and clinical validity ; (6) in paragraph (8), by adding at the end the following: (I) This paragraph shall not apply to a combination product constituted of a device and an in vitro clinical test. ; and (7) in paragraph (9)— (A) in subparagraph (C)(i), by striking or 520(g) and inserting 520(g), or 587B ; and (B) in subparagraph (D), by striking or 520 and inserting 520, or 587B . (b) Classification of products Section 563 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–2 ) is amended by adding at the end the following: (d) Exemption This section shall not apply to a combination product constituted of a device and an in vitro clinical test. . 9. Resources (a) Findings Congress finds that the fees authorized by this section will be dedicated to meeting the goals identified in the letters from the Secretary of Health and Human Services to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. (b) Establishment of user fee program (1) Development of user fees for in vitro clinical tests (A) In general Beginning not later than October 1, 2021, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall develop recommendations to present to Congress with respect to the goals, and plans for meeting the goals, for the process of the review of in vitro clinical test applications submitted under subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act, for the first 5 fiscal years after fiscal year 2022. In developing such recommendations, the Secretary shall consult with— (i) the Committee on Energy and Commerce of the House of Representatives; (ii) the Committee on Health, Education, Labor, and Pensions of the Senate; (iii) scientific and academic experts; (iv) health care professionals; (v) representatives of patient and consumer advocacy groups; and (vi) the regulated industry. (B) Prior public input Prior to beginning negotiations with the regulated industry on the authorization of such subchapter J, the Secretary shall— (i) publish a notice in the Federal Register requesting public input on the authorization of user fees; (ii) hold a public meeting at which the public may present its views on the authorization, including specific suggestions for the recommendations submitted under subparagraph (E); (iii) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to such subchapter J; and (iv) publish any comments received under clause (iii) on the website of the Food and Drug Administration. (C) Periodic consultation Not less frequently than once every month during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of patient and consumer advocacy groups to continue discussions of the authorization under such subchapter J and to solicit suggestions to be included in the recommendations transmitted to Congress under subparagraph (E). (D) Public review of recommendations After negotiations with the regulated industry, the Secretary shall— (i) present the recommendations developed under subparagraph (A) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives; (ii) publish such recommendations in the Federal Register; (iii) provide for a period of 30 days for the public to provide written comments on such recommendations; (iv) hold a meeting at which the public may present its views on such recommendations; and (v) after consideration of such public views and comments, revise such recommendations as necessary. (E) Transmittal of recommendations (i) In general Not later than June 1, 2021, the Secretary shall transmit to Congress the revised recommendations under subparagraph (A), a summary of the views and comments received under such subparagraph, and any changes made to the recommendations in response to such views and comments. (ii) Recommendation requirements The recommendations transmitted under this subparagraph shall— (I) include the number of full-time equivalent employees per fiscal year that are agreed to be hired to carry out the goals included in such recommendations for each year of the 5-year period; (II) provide that the amount of operating reserve balance in the user fee program established under this section is not more than the equivalent of 10 weeks of operating reserve; (III) require the development of a strategic plan for any surplus within the operating reserve account above the 10-week operating reserve within 2 years of the establishment of the program; (IV) include an operating reserve adjustment such that, if the Secretary has an operating reserve balance in excess of 10 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 10 weeks of such operating reserves; (V) if an adjustment is made as described in subclause (IV), provide the rationale for the amount of the decrease in fee revenue and fees shall be contained in the Federal Register; and (VI) provide that the fees assessed and collected for the full-time equivalent employees at the Center for Devices and Radiological Health, with respect to which the majority of time reporting data indicates are dedicated to the review of in vitro clinical tests, are not supported by the funds authorized to be collected and assessed under section 738 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j ). (F) Publication of recommendations The Secretary shall publish on the website of the Food and Drug Administration the revised recommendations under subparagraph (A), a summary of the views and comments received under subparagraphs (B) through (D), and any changes made to the recommendations originally proposed by the Secretary in response to such views and comments. (G) Minutes of negotiation meetings (i) Public availability Before transmitting the recommendations developed under subparagraphs (A) through (F) to Congress, the Secretary shall make publicly available, on the website of the Food and Drug Administration, minutes of all negotiation meetings conducted under this subsection between the Food and Drug Administration and the regulated industry. (ii) Content The minutes described under clause (i) shall summarize any substantive proposal made by any party to the negotiations, any significant controversies or differences of opinion during the negotiations, and the resolution of any such controversy or difference of opinion. (2) Establishment of user fee program Effective on October 1, 2021, provided that the Secretary transmits the recommendations under paragraph (1)(E), the Secretary is authorized to collect user fees relating to the submission of in vitro clinical test applications submitted under subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act. Fees under such program shall be assessed and collected only if the requirements under paragraph (4) are met. (3) Audit (A) In general On the date that is 2 years after first receiving a user fee applicable to submission of an in vitro clinical test application submitted under subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act, and on a biennial basis thereafter until October 1, 2027, the Secretary shall perform an audit of the costs of reviewing such applications under such subchapter J. Such an audit shall compare the costs of reviewing such applications under such subchapter J to the amount of the user fee applicable to such applications. (B) Alteration of user fee If the audit performed under subparagraph (A) indicates that the user fees applicable to applications submitted under such subchapter J exceed 30 percent of the costs of reviewing such applications, the Secretary shall alter the user fees applicable to applications submitted under such subchapter J such that the user fees do not exceed such percentage. (C) Accounting standards The Secretary shall perform an audit under subparagraph (A) in conformance with the accounting principles, standards, and requirements prescribed by the Comptroller General of the United States under section 3511 of title 31, United States Code, to ensure the validity of any potential variability. (4) Conditions The user fee program described in this subsection shall take effect only if the Food and Drug Administration issues draft guidance related to the review requirements for in vitro diagnostic tests that would be subject to premarket review under section 587B of the Federal Food, Drug, and Cosmetic Act, as added by section 3, the review requirements for test categories eligible for technology certification under section 587D of such Act, as added by section 3, and the parameters for the test categories that would be exempt from any review under subchapter J of chapter V of such Act. (5) User fee program definitions and resource requirements (A) In general The term process for the review of in vitro clinical test applications means the following activities of the Secretary with respect to the review of premarket applications under section 587B of the Federal Food, Drug, and Cosmetic Act (as added by section 3), technology certification applications under section 587D of such Act (as added by section 3), and supplements for such applications: (i) The activities necessary for the review of premarket applications, premarket reports, and supplements to such applications. (ii) The issuance of action letters that allow the marketing of in vitro clinical tests or which set forth in detail the specific deficiencies in such applications, reports, supplements, or submissions and, where appropriate, the actions necessary to place them in condition for approval. (iii) The inspection of manufacturing establishments and other facilities undertaken as part of the Secretary’s review of pending premarket applications, technology certifications, and supplements. (iv) Monitoring of research conducted in connection with the review of such applications, supplements, and submissions. (v) Review of in vitro clinical test applications subject to section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ), or investigational test exemptions under section 587A(m) of the Federal Food, Drug, and Cosmetic Act (as added by section 3), and activities conducted in anticipation of the submission of such applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act or investigational use under section 587R of the Federal Food, Drug, and Cosmetic Act (as added by section 3). (vi) The development of guidance, policy documents, or regulations to improve the process for the review of premarket applications, technology certification applications, and supplements. (vii) The development of voluntary test methods, consensus standards, or mandatory performance standards in connection with the review of such applications, supplements, or submissions and related activities. (viii) The provision of technical assistance to in vitro clinical test developers in connection with the submission of such applications, reports, supplements, or submissions. (ix) Any activity undertaken in connection with the initial classification or reclassification of an in vitro clinical test in connection with any requirement for approval of an in vitro clinical test. (x) Evaluation of postmarket studies required as a condition of an approval of a premarket application of an in vitro clinical test. (xi) Compiling, developing, and reviewing information on relevant in vitro clinical tests to identify issues with the applicable standard for premarket applications, technology certification applications, and supplements. (B) Resource requirements Fees collected and assessed under this section shall be used for the process for the review of in vitro clinical test applications, as described in subparagraph (A), and shall— (i) be subject to the limitation under section 738(g)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j(g)(3) ), in the same manner that fees collected and assessed under section 737(9)(C) of such Act ( 21 U.S.C. 379i(9)(C) ) are subject to such limitation; (ii) include travel expenses for officers and employees of the Food and Drug Administration only if the Secretary determines that such travel is directly related to an activity described in subparagraph (A); and (iii) not be allocated to purposes described under section 722(a) of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ). (c) Reports (1) Performance report (A) In general (i) General requirements Beginning with fiscal year 2021, for each fiscal year for which fees are collected under this section, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives annual reports concerning the progress of the Food and Drug Administration in achieving the goals identified in the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) during such fiscal year and the future plans of the Food and Drug Administration for meeting the goals. (ii) Additional information Beginning with fiscal year 2021, the annual report under this subparagraph shall include the progress of the Food and Drug Administration in achieving the goals, and future plans for meeting the goals, including— (I) the number of premarket applications filed under section 587B of the Federal Food, Drug, and Cosmetic Act during the applicable fiscal year; (II) the number of technology certification applications submitted under section 587D of the Federal Food, Drug, and Cosmetic Act during the applicable fiscal year for each review division; and (III) the number of breakthrough designations under section 587C of the Federal Food, Drug, and Cosmetic Act during the applicable fiscal year. (iii) Real-time reporting (I) In general Not later than 30 calendar days after the end of the second quarter of fiscal year 2021, and not later than 30 calendar days after the end of each quarter of each fiscal year thereafter, the Secretary shall post the data described in subclause (II) on the website of the Food and Drug Administration for such quarter and on a cumulative basis for such fiscal year, and may remove duplicative data from the annual report under this subparagraph. (II) Data The Secretary shall post the following data in accordance with subclause (I): (aa) The number and titles of draft and final guidance on topics related to the process for the review of in vitro clinical tests, and whether such guidances were issued as required by statute or pursuant to the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (bb) The number and titles of public meetings held on topics related to the process for the review of in vitro clinical tests, and if such meetings were required by statute or pursuant to the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (iv) Rationale for IVCT user fee program changes Beginning with fiscal year 2022, the Secretary shall include in the annual performance report under paragraph (1)— (I) data, analysis, and discussion of the changes in the number of full-time equivalents hired as agreed upon in the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) and the number of full-time equivalents funded by budget authority at the Food and Drug Administration by each division within the Center for Devices and Radiological Health, the Center for Biologics Evaluation and Research, the Office of Regulatory Affairs, and the Office of the Commissioner; (II) data, analysis, and discussion of the changes in the fee revenue amounts and costs for the process for the review of in vitro clinical tests, including identifying drivers of such changes; and (III) for each of the Center for Devices and Radiological Health, the Center for Biologics Evaluation and Research, the Office of Regulatory Affairs, and the Office of the Commissioner, the number of employees for whom time reporting is required and the number of employees for whom time reporting is not required. (v) Analysis For each fiscal year, the Secretary shall include in the report under clause (i) an analysis of the following: (I) The difference between the aggregate number of premarket applications filed under section 587B or section 587D of the Federal Food, Drug, and Cosmetic Act and the aggregate number of major deficiency letters, not approvable letters, and denials for such applications issued by the agency, accounting for— (aa) the number of applications filed under each of sections 587B and 587D of the Federal Food, Drug, and Cosmetic Act during one fiscal year for which a decision is not scheduled to be made until the following fiscal year; and (bb) the aggregate number of applications under each of sections 587B and 587D of the Federal Food, Drug, and Cosmetic Act for each fiscal year that did not meet the goals as identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (II) Relevant data to determine whether the Center for Devices and Radiological Health has met performance enhancement goals identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (III) The most common causes and trends for external or other circumstances affecting the ability of the Food and Drug Administration to meet review time and performance enhancement goals identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (B) Publication With regard to information to be reported by the Food and Drug Administration to industry on a quarterly and annual basis pursuant to recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E), the Secretary shall make such information publicly available on the website of the Food and Drug Administration not later than 60 days after the end of each quarter or 120 days after the end of each fiscal year, respectively, to which such information applies. (C) Updates The Secretary shall include in each report under subparagraph (A) information on all previous cohorts for which the Secretary has not given a complete response on all in vitro clinical test premarket applications and technology certification orders and supplements, premarket, and technology certification notifications in the cohort. (2) Corrective action report Beginning with fiscal year 2022, for each fiscal year for which fees are collected under this section, the Secretary shall prepare and submit a corrective action report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. The report shall include the following information, as applicable: (A) Goals met For each fiscal year, if the Secretary determines, based on the analysis under paragraph (1)(A)(v), that each of the goals identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) for the applicable fiscal year have been met, the corrective action report shall include recommendations on ways in which the Secretary can improve and streamline the in vitro clinical test premarket application and technology certification review process. (B) Goals missed For each of the goals identified by the letters described in recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) for the applicable fiscal year that the Secretary determines to not have been met, the corrective action report shall include— (i) a justification for such determination; (ii) a description of the types of circumstances, in the aggregate, under which applications or reports submitted under sections 587B and 587D of the Federal Food, Drug, and Cosmetic Act missed the review goal times but were approved during the first cycle review, as applicable; (iii) a summary and any trends with regard to the circumstances for which a review goal was missed; and (iv) the performance enhancement goals that were not achieved during the previous fiscal year and a description of efforts the Food and Drug Administration has put in place for the fiscal year in which the report is submitted to improve the ability of such agency to meet each such goal for the such fiscal year. (3) Fiscal report For fiscal years 2021 and annually thereafter, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made. (A) Contents Such report shall include expenditures delineated by budget authority and user fee dollars related to administrative expenses and information technology infrastructure contracts and expenditures. (B) Operating reserve Such report shall provide the amount of operating reserve balance available each year, and any planned allocations or obligations of such balance that is above 10 weeks of operating reserve for the program. (4) Public availability The Secretary shall make the reports required under paragraphs (1) through (3) available to the public on the website of the Food and Drug Administration. (5) Enhanced communication (A) Communications with Congress Each fiscal year, as applicable and requested, representatives from the Centers with expertise in the review of in vitro clinical tests shall meet with representatives from the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives to report on the contents described in the reports under this section. (B) Participation in congressional hearing Each fiscal year, as applicable and requested, representatives from the Food and Drug Administration shall participate in a public hearing before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, to report on the contents described in the reports under this section. Such hearing shall occur not later than 120 days after the end of each fiscal year for which fees are collected under this section.
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https://www.govinfo.gov/content/pkg/BILLS-117s2209is/xml/BILLS-117s2209is.xml
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117-s-2210
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II 117th CONGRESS 1st Session S. 2210 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Casey (for himself, Mr. Wyden , Mr. Schumer , Mrs. Murray , Ms. Duckworth , Mr. Brown , Ms. Hassan , Mrs. Gillibrand , Mr. Whitehouse , Mr. Durbin , Ms. Baldwin , Mr. Markey , Mr. Blumenthal , Ms. Warren , Mr. Reed , Mrs. Shaheen , Mr. Van Hollen , Ms. Smith , Mr. Merkley , Mr. Booker , Mr. Leahy , Mr. Padilla , Mr. Schatz , Ms. Klobuchar , Mr. Kaine , Mr. Bennet , Mr. Warnock , Mr. Sanders , Mr. Peters , Mr. Luján , Mr. Heinrich , Ms. Hirono , Ms. Stabenow , Mrs. Feinstein , Ms. Rosen , Mr. Cardin , Mr. Murphy , Ms. Cantwell , Mr. Menendez , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to expand access to home and community-based services (HCBS) under Medicaid, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Better Care Better Jobs 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—Expanding Access to Medicaid Home and Community-Based Services Sec. 101. HCBS infrastructure improvement planning grants. Sec. 102. HCBS Infrastructure Improvement Program. Sec. 103. Reports; technical assistance; other administrative requirements. Sec. 104. Quality measurement and improvement. TITLE II—Other Provisions Sec. 201. MACPAC study and report on Appendix K emergency home and community-based services (HCBS) 1915(c) waivers. Sec. 202. Making permanent the State option to extend protection under Medicaid for recipients of home and community-based services against spousal impoverishment. Sec. 203. Permanent extension of Money Follows the Person Rebalancing demonstration. 2. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress means the Committee on Energy and Commerce of the House of Representatives, the Committee on Education and Labor of the House of Representatives, the Committee on Finance of the Senate, the Committee on Health, Education, Labor and Pensions of the Senate, and the Special Committee on Aging of the Senate. (2) Direct care worker; direct care workforce The terms direct care worker and direct care workforce mean— (A) a direct support professional; (B) a personal care attendant; (C) a direct care worker; (D) a home health aide; and (E) any other relevant worker, as determined by the Secretary. (3) Eligible individual The term eligible individual means an individual who is eligible for and enrolled for medical assistance under a State Medicaid program and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list. (4) Health plan The term health plan means a group health plan or health insurance issuer (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )). (5) HCBS program improvement State The term HCBS program improvement State means a State with an HCBS infrastructure improvement plan approved by the Secretary under section 101(d). (6) Home and community-based services The term home and community-based services means any of the following (whether provided on a fee-for-service, risk, or other basis): (A) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ). (B) Personal care services authorized under paragraph (24) of such section. (C) PACE services authorized under paragraph (26) of such section. (D) Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act ( 42 U.S.C. 1396n ), such services authorized under a waiver under section 1115 of such Act ( 42 U.S.C. 1315 ), and such services provided through coverage authorized under section 1937 of such Act ( 42 U.S.C. 1396u–7 ). (E) Case management services authorized under section 1905(a)(19) of the Social Security Act ( 42 U.S.C. 1396d(a)(19) ) and section 1915(g) of such Act ( 42 U.S.C. 1396n(g) ). (F) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act ( 42 U.S.C. 1396d(a)(13) ). (G) Such other services specified by the Secretary. (7) Institutional setting The term institutional setting means— (A) a skilled nursing facility (as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) )); (B) a nursing facility (as defined in section 1919(a) of such Act ( 42 U.S.C. 1396r(a) )); (C) a long-term care hospital (as described in section 1886(d)(1)(B)(iv) of such Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv) )); (D) an institution (or distinct part thereof) described in section 1905(d) of such Act ( 42 U.S.C. 1396d(d) )); (E) an institution (or distinct part thereof) which is a psychiatric hospital (as defined in section 1861(f) of such Act ( 42 U.S.C. 1395x(f) )) or that provides inpatient psychiatric services in another residential setting specified by the Secretary; (F) an institution (or distinct part thereof) described in section 1905(i) of such Act ( 42 U.S.C. 1396d(i) ); and (G) any other relevant facility, as determined by the Secretary. (8) Medicaid program The term Medicaid program means, with respect to a State, the State program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) (including any waiver or demonstration under such title or under section 1115 of such Act ( 42 U.S.C. 1315 ) relating to such title). (9) Secretary The term Secretary means the Secretary of Health and Human Services. (10) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). I Expanding Access to Medicaid Home and Community-Based Services 101. HCBS infrastructure improvement planning grants (a) In general Not later than 12 months after the date of enactment of this Act, the Secretary shall award planning grants to States for the purpose of expanding access to home and community-based services and strengthening the direct care workforce that provides such services by developing HCBS infrastructure improvement plans that meet the requirements of subsections (b) and (c). (b) Content requirements In order to meet the requirements of this subsection, an HCBS infrastructure improvement plan shall include, with respect to a State, the following: (1) Existing Medicaid HCBS landscape (A) Eligibility and benefits A description of— (i) the existing standards, pathways, and methodologies for eligibility for home and community-based services, including limits on assets and income; (ii) the home and community-based services available under the State Medicaid program; and (iii) utilization management standards for such services. (B) Access An assessment of the extent to which home and community-based services are available to eligible individuals in the State, including— (i) estimates of the number of eligible individuals who are on a waitlist for such services; (ii) estimates of the number of individuals who would be eligible individuals but are not enrolled in the State Medicaid program or on a waitlist for such services; (iii) a description of the home and community-based services not available under the State Medicaid program; (iv) a description of the populations for which the State is unable to provide home and community-based services under the State Medicaid program that are provided under the Medicaid programs of other States; and (v) a description of barriers to accessing home and community-based services identified by eligible individuals and families of such individuals. (C) Utilization An assessment of the utilization of home and community-based services in the State. (D) Service delivery structures A description of the service delivery structures for providing home and community-based services in the State, including with respect to the use and models of self-direction, the provision of services by agencies, the ownership of service provider agencies, the use of managed care versus fee-for-service to provide such services, and the supports provided for family caregivers. (E) Workforce A description of the characteristics of the direct care workforce that provides home and community-based services, including the number of full- and part-time direct care workers, the average and range of direct care worker wages, the benefits provided to direct care workers, the turnover and vacancy rates of direct care worker positions, the membership of direct care workers in labor organizations or professional organizations, and the race, ethnicity, and gender of such workforce. (F) Payment rates A description of the payment rates for home and community-based services, including when such rates were last updated, an assessment of the extent to which authorized services are not delivered as a result of such rates being insufficient, and the extent to which payment rates are passed through to direct care worker wages. (G) Quality A description of how the quality of home and community-based services is measured and monitored, including how the State uses beneficiary and family caregiver experience of care surveys to assess the quality of home and community-based services provided by the State. (H) Long-term services and supports provided in institutional settings A description of— (i) the extent to which eligible individuals receive long-term services and supports in institutional settings in the State; and (ii) the populations provided such services and supports. (I) HCBS share of overall Medicaid LTSS spending For the most recent fiscal year for which data is available, the percentage of expenditures made by the State under the State Medicaid program for long-term services and supports that are for home and community-based services. (J) Demographic data Each assessment required under subparagraphs (B) and (C), and the description required under subparagraph (H)(ii) shall include, to the extent available, data disaggregated by disability status, age, income, gender, race, ethnicity, geography, primary language, sexual orientation, gender identity, and type of service setting. (2) Annual measures and reports A description of the State plan for— (A) annually measuring and reporting on— (i) the availability and utilization of home and community-based services; (ii) the characteristics of the direct care workforce that provides home and community-based services and the race, ethnicity, and gender of such workforce; (iii) changes in payment rates for home and community-based services; and (iv) progress with respect to implementation of the activities, benchmarks, and improvement activities provided under subsection (jj) of section 1905 of the Social Security Act (as added under section 102); and (B) collecting and reporting disaggregated data by disability status, age, income, gender, race, ethnicity, geography, primary language, sexual orientation, gender identity, and type of service setting for the information required by clause (i) of subparagraph (A). (3) Implementation and goals for HCBS improvements A description of how the State will— (A) conduct the activities, benchmarks, and improvement activities provided under subsection (jj) of section 1905 of the Social Security Act (as added under section 102), including how the State plans to meet the benchmarks described in paragraph (5) of such subsection and, if applicable, the additional HCBS improvement efforts described in paragraph (3) of such subsection; (B) identify and reduce barriers to accessing home and community-based services, including for individuals in institutional settings, individuals experiencing homelessness or housing instability, and individuals in regions with low or no access to such services; (C) identify and reduce disparities in access to, and utilization of, home and community-based services by disability status, age, income, gender, race, ethnicity, geography, primary language, sexual orientation, gender identity, and type of service setting; (D) coordinate implementation of the HCBS infrastructure improvement plan among the State Medicaid agency, agencies serving individuals with disabilities, the elderly, and other relevant State and local agencies; and (E) facilitate access to related supports by coordinating with State and local agencies and organizations that provide housing, transportation, employment, nutrition, and other services and supports. (c) Development and submission requirements In order to meet the requirements of this subsection, an HCBS infrastructure improvement plan shall— (1) be developed with input from stakeholders through a public notice and comment process that includes consultation with eligible individuals who are recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates; (2) be submitted for approval by the Secretary not later than 24 months after the date on which the State was awarded the planning grant under this section; and (3) be publicly available in the final version submitted to the Secretary on a State Internet website. (d) Approval; publication (1) In general The Secretary shall approve an HCBS infrastructure improvement plan if the plan— (A) is complete; and (B) provides assurances to the satisfaction of the Secretary that the State will meet the requirements of the HCBS Infrastructure Improvement Program established under subsection (jj) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as added by section 102, and achieve the benchmarks for improvement established by such program. (2) Publication The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall make publicly available on an Internet website— (A) the final version of each approved HCBS infrastructure improvement plan; and (B) in the case of any HCBS infrastructure improvement plan submitted for approval that is not approved— (i) the submitted plan; (ii) the decision not approving such plan; and (iii) information relating to why the plan was not approved. (e) Continuation of American Rescue Plan Act increased FMAP for HCBS for States awarded a planning grant (1) FMAP (A) In general Notwithstanding subsections (b) or (ff) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), subject to subparagraph (C), in the case of a State that is awarded a planning grant under this section and meets the maintenance of effort requirements under paragraph (2), the Federal medical assistance percentage determined for the State under such subsection (b) (or such subsection (ff), if applicable) and, if applicable, as increased under subsection (y), (z), (aa), or (ii) of such section, section 1915(k) of such Act ( 42 U.S.C. 1396n(k) ), or section 6008 of the Families First Coronavirus Response Act ( Public Law 116–127 ), shall be increased by 10 percentage points (but not to exceed 95 percent) with respect to amounts expended by the State Medicaid program for medical assistance for home and community-based services that are provided during HCBS planning period (as defined in subparagraph (B)). (B) HCBS planning period In this paragraph, the term HCBS planning period means, with respect to a State, the period— (i) beginning on the date on which the State is awarded a planning grant under this section; and (ii) ending on the earlier of— (I) the first day of the first fiscal quarter for which the State is an HCBS program improvement State; and (II) the date that is 3 years after the date on which the State is awarded such a grant. (C) Rule of application in case of overlap with period for American Rescue Plan increase If the HCBS planning period for a State begins during the HCBS program improvement period (as defined under subsection (a)(2)(A) of section 9817 of the American Rescue Plan Act ( Public Law 117–2 )), and the State meets the HCBS program requirements under subsection (b) of such section, the increase in the Federal medical assistance percentage that would otherwise apply to the State under subparagraph (A) of this paragraph shall not apply during any portion of the HCBS program improvement period (as defined under subsection (a)(2)(A) of section 9817 of the American Rescue Plan Act ( Public Law 117–2 )) for which the State receives an increase in the Federal medical assistance percentage in accordance with that section. (D) Nonapplication of territorial funding caps Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa for expenditures on medical assistance that are subject to the Federal medical assistance percentage increase specified under subparagraph (A) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108 of the Social Security Act ( 42 U.S.C. 1308 ). (2) Maintenance of effort requirements For purposes of paragraph (1)(A), the requirements of this paragraph are, with respect to the period for which a State is awarded a planning grant under this section, the State shall not— (A) lower the amount, duration, or scope of home and community-based services available under the State Medicaid program (relative to the services available under the program as of the date on which the State was awarded such grant); or (B) adopt more restrictive standards, methodologies, or procedures for determining eligibility, benefits, or services for receipt of home and community-based services under the State Medicaid program, including with respect to utilization management or cost-sharing, than the standards, methodologies, or procedures applicable as of the date on which the State was awarded such grant. (f) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary for purposes of awarding planning grants under this section, $100,000,000 for fiscal year 2022, to remain available until expended. (2) Technical assistance and guidance The Secretary shall reserve $5,000,000 of the amount appropriated under paragraph (1) for purposes of issuing guidance and providing technical assistance to States seeking or awarded a planning grant under this section. 102. HCBS Infrastructure Improvement Program (a) Enhanced FMAP for HCBS program improvement States Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (2) by adding at the end the following new subsection: (jj) Enhanced Federal medical assistance percentage for HCBS program improvement States (1) In general (A) Increased federal financial participation Subject to paragraph (5), in the case of a State that is an HCBS program improvement State and meets the requirements described in paragraphs (2) and (4), for each fiscal year quarter that begins on or after the first date on which a State is an HCBS program improvement State— (i) notwithstanding subsection (b) or (ff), subject to subparagraph (B), with respect to amounts expended during the quarter by such State for medical assistance for home and community-based services, the Federal medical assistance percentage for such State and quarter (as determined for the State under subsection (b) and, if applicable, increased under subsection (y), (z), (aa), or (ii), or section 6008(a) of the Families First Coronavirus Response Act) shall be increased by 10 percentage points (but not to exceed 95 percent); and (ii) notwithstanding the per centum specified in section 1903(a)(7), with respect to amounts expended during the quarter and before October 1, 2031, for administrative costs for expanding and enhancing home and community-based services, including for enhancing the Medicaid data and technology infrastructure, modifying rate setting processes, adopting, using, and reporting quality measures and beneficiary and family caregiver experience surveys, adopting or improving training programs for direct care workers and family caregivers, and adopting, carrying out, or enhancing programs that register qualified direct care workers or connect beneficiaries to qualified direct care workers, such per centum shall be increased to 80 percent. (B) Additional HCBS improvement efforts Subject to paragraph (5), in addition to the increase to the Federal medical assistance percentage under subparagraph (A)(i), with respect to amounts expended for medical assistance during the first 4 fiscal quarters throughout which an HCBS program improvement State has implemented a program to support self-directed care that meets the requirements of paragraph (3) (in addition to meeting the requirements described in paragraph (2)), the Federal medical assistance percentage for such State and each such quarter with respect to such amounts shall be further increased by 2 percentage points (but not to exceed 95 percent). (C) Nonapplication of territorial funding caps Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa for expenditures that are subject to an increase in the Federal medical assistance percentage under subparagraph (A)(i) or (B), or an increase in an applicable Federal matching percentage under subparagraph (A)(ii), shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108. (2) Requirements The requirements described in this paragraph, with respect to a State and a fiscal year quarter, are the following: (A) Maintenance of effort (i) In general Except as provided under clause (ii), the State does not— (I) lower the amount, duration, or scope of home and community-based services available under the State plan or waiver (relative to the home and community-based services available under the plan or waiver as of the date on which the State was awarded a planning grant under section 101 of the Better Care Better Jobs Act ); or (II) adopt more restrictive standards, methodologies, or procedures for determining eligibility, benefits, or services for receipt of home and community-based services, including with respect to utilization management or cost-sharing and the amount, duration, and scope of available home and community-based services, than the standards, methodologies, or procedures applicable as of such date. (ii) Exception On or after October 1, 2028, a State may modify such standards, methodologies, or procedures if the State demonstrates that such modifications shall not result in— (I) home and community-based services that are less comprehensive or lower in amount, duration, or scope; (II) fewer individuals (overall and within particular beneficiary populations) receiving home and community-based services; or (III) increased cost-sharing for home and community-based services. (B) Access to services The State enhances, expands, or strengthens home and community-based services by doing all of the following: (i) Addressing access barriers and disparities in access or utilization identified in the State HCBS infrastructure improvement plan. (ii) Expanding financial eligibility criteria for home and community-based services up to Federal limits. (iii) Requiring coverage of personal care services for all eligible populations receiving home and community-based services in the State. (iv) Using no wrong door programs, providing presumptive eligibility for home and community-based services, and improving home and community-based services counseling and education programs. (v) Expanding access to behavioral health services and coordination with employment, housing, and transportation supports. (vi) Providing supports to family caregivers, which shall include providing respite care, and may include providing such services as caregiver assessments, peer supports, or paid family caregiving. (vii) Adopting, expanding eligibility for, or improving coverage provided under a Medicaid buy-in program authorized under subclause (XIII), (XV), or (XVI) of section 1902(a)(10)(A)(ii). (C) Strengthened and expanded workforce (i) In general The State strengthens and expands the direct care workforce that provides home and community-based services by— (I) adopting processes to ensure that payments for home and community-based services are sufficient to ensure that care and services are available to the extent described in the State HCBS infrastructure improvement plan; and (II) updating, developing, and adopting qualification standards and training opportunities for the continuum of providers of home and community-based services, including programs for independent providers of such services and agency direct care workers, as well as unique programs and resources for family caregivers. (ii) Payment rates In carrying out clause (i)(I), the State shall— (I) address insufficient payment rates for delivery of home and community-based services, with an emphasis on supporting the recruitment and retention of the direct care workforce, as identified during the period in which the State HCBS infrastructure improvement plan was developed and during subsequent years; (II) update payment rates for home and community-based services at least every 2 years through a transparent process involving meaningful input from stakeholders, including recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates; and (III) ensure that increases in the payment rates for home and community-based services are— (aa) at a minimum, proportionately passed through to direct care workers and in a manner that is determined with input from the stakeholders described in subclause (II); and (bb) incorporated into payment rates for home and community-based services provided under this title by a managed care entity (as defined in section 1932(a)(1)(B)) or a prepaid inpatient health plan or prepaid ambulatory health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation)), under a contract with the State. (3) HCBS improvement to support self-directed models for the delivery of services For purposes of paragraph (1)(B), the requirements of this paragraph, with respect to a State and a fiscal year quarter, are that the State establishes directly or by contract with 1 or more non-profit entities, a program for the performance of all of the following functions: (A) Registering qualified direct care workers and assisting beneficiaries in finding direct care workers. (B) Undertaking activities to recruit and train independent providers to enable beneficiaries to direct their own care, including by providing or coordinating training for beneficiaries on self-directed care. (C) Ensuring the safety of, and supporting the quality of, care provided to beneficiaries, such as by conducting background checks and addressing complaints reported by recipients of home and community-based services. (D) Facilitating coordination between State and local agencies and direct care workers for matters of public health, training opportunities, changes in program requirements, workplace health and safety, or related matters. (E) Supporting beneficiary hiring of independent providers of home and community-based services through an agency with choice or similar model, including by processing applicable tax information, collecting and processing timesheets, submitting claims and processing payments to such providers. (F) To the extent a State permits beneficiaries to hire a family member or individual with whom they have an existing relationship to provide home and community-based services, providing support to beneficiaries who wish to hire a caregiver who is a family member or individual with whom they have an existing relationship, such as by facilitating enrollment of such family member or individual as a provider of home and community-based services under the State plan or a waiver of such plan. (G) Ensuring that program policies and procedures allow for cooperation with labor organizations that bargain on behalf of direct care workers in the case of a State in which the direct care workers in the State have elected to join, or form, such a labor organization, or, in the case of a State in which such workers have not joined or formed such a labor organization, are neutral with regard to such workers joining or forming such a labor organization. (4) Quality, reporting, and oversight The requirements described in this paragraph, with respect to a State and a fiscal year quarter, are the following: (A) The State adopts the core quality measures for home and community-based services developed by the Secretary under section 104 of the Better Care Better Jobs Act , or an alternate set of quality measures approved by the Secretary, and, at the option of the State, expands the use of beneficiary and family caregiver experience surveys. (B) The State designates an HCBS ombudsman office that— (i) operates independently from the State Medicaid agency and managed care entities; (ii) provides direct assistance to beneficiaries and their families; and (iii) identifies and reports systemic problems to State officials, the public, and the Secretary. (C) Beginning with the 5th fiscal year quarter for which the State is an HCBS program improvement State, and annually thereafter, the State reports on the components of the existing home and community-based services landscape reported in the State HCBS infrastructure improvement plan, including with respect to— (i) the availability and utilization of home and community-based services, disaggregated by disability status, age, income, gender, race, ethnicity, geography, primary language, sexual orientation, gender identity, and type of service setting; (ii) the characteristics of the direct care workforce that provides home and community-based services workforce and the race, ethnicity, and gender of such workforce; (iii) changes in payment rates for home and community-based services; (iv) implementation of the activities to strengthen and expand access to home and community-based services and the direct care workforce that provides such services in accordance with the requirements of subparagraphs (B) and (C) of paragraph (2); (v) if applicable, implementation of the activities described in paragraph (3); and (vi) the progress made with respect to meeting the benchmarks for demonstrating improvements required in paragraph (5). (5) Benchmarks for demonstrating improvements An HCBS program improvement State shall cease to be eligible for an increase in the Federal medical assistance percentage under paragraph (1)(A)(i) or (1)(B) or an increase in an applicable Federal matching percentage under paragraph (1)(A)(ii) beginning with the 29th fiscal year quarter that begins on or after the first date on which a State is an HCBS program improvement State, unless, not later than 90 days before the first day of such fiscal year quarter, the State submits to the Secretary a report demonstrating the following improvements: (A) Increased availability of home and community-based services in the State relative to such availability as reported in the State HCBS infrastructure improvement plan and adjusted for demographic changes in the State since the submission of such plan. (B) Increased utilization and availability of home and community-based services by populations with the lowest utilization and availability of such services (as reported in the State HCBS infrastructure improvement plan) relative to the utilization of such services by such populations as reported in such plan and adjusted for demographic changes in the State since the submission of such plan. (C) Evidence that a majority of direct care workers receive competitive wages and benefits. (D) With respect to the percentage of expenditures made by the State for long-term services and supports that are for home and community-based services, in the case of an HCBS program improvement State for which such percentage (as reported in the State HCBS infrastructure improvement plan) was— (i) less than 50 percent, the State demonstrates that the percentage of such expenditures has increased to at least 50 percent since the plan was approved; and (ii) at least 50 percent, the State demonstrates that such percentage has not decreased since the plan was approved. (6) Definitions In this subsection, the terms direct care worker , direct care workforce , HCBS program improvement State , and home and community-based services have the meanings given those terms in section 2 of the Better Care Better Jobs Act . . 103. Reports; technical assistance; other administrative requirements (a) Reports The Secretary shall submit to the appropriate committees of Congress the following reports relating to the HCBS Infrastructure Improvement Program established under this title: (1) Initial report Not later than 4 years after the date of enactment of this Act, a report that includes the following: (A) A description of the HCBS infrastructure improvement plans approved by the Secretary under section 101(d). (B) A description of the national landscape with respect to gaps in coverage of home and community-based services, disparities in access to, and utilization of, such services, and barriers to accessing such services. (C) A description of the national landscape with respect to the direct care workforce that provides home and community-based services, including with respect to compensation, benefits, and challenges to the availability of such workers. (2) Subsequent reports Not later than 7 years after the date of enactment of this Act, and every 3 years thereafter, a report that includes the following: (A) The number of HCBS program improvement States. (B) A summary of the progress being made by such States with respect to strengthening and expanding access to home and community-based services and the direct care workforce that provides such services and meeting the benchmarks for demonstrating improvements required under section 1905(jj)(5) of the Social Security Act (as added by section 102). (C) A summary of outcomes related to home and community-based services core quality measures and beneficiary and family caregiver surveys. (D) A summary of the challenges and best practices reported by States in expanding access to home and community-based services and supporting and expanding the direct care workforce that provides such services. (b) Technical assistance; guidance; regulations The Secretary shall provide HCBS program improvement States with technical assistance related to carrying out the HCBS infrastructure improvement plans approved by the Secretary under section 101(d) and meeting the requirements and benchmarks for demonstrating improvements required under section 1905(jj) of the Social Security Act (as added by section 102) and shall issue such guidance or regulations as necessary to carry out this title and the amendments made by this title, including guidance specifying how States shall assess and track the availability of home and community-based services over time. (c) Recommendations To guide infrastructure improvement (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall coordinate with the Secretary of Labor and the Administrator of the Centers for Medicare & Medicaid Services for purposes of issuing recommendations for the Federal Government and for States to strengthen the direct care workforce that provides home and community-based services, including with respect to how the Federal Government should classify the direct care workforce, how such Administrator and State Medicaid programs can enforce and support the provision of competitive wages and benefits across the direct care workforce, including for workers with particular skills or expertise, and how State Medicaid programs can support training opportunities and other related efforts that support the provision of quality home and community-based services care. (2) Stakeholder consultation In developing the recommendations required under paragraph (1), the Secretary shall ensure that such recommendations are informed by consultation with recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates. (d) Funding Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary for purposes of carrying out this section, $10,000,000 for fiscal year 2022, to remain available until expended. 104. Quality measurement and improvement (a) Development and publication of core and supplemental sets of HCBS quality measures (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall identify and publish for general comment a recommended core set and supplemental set of home and community-based services quality measures for use by State Medicaid programs, health plan and managed care entities that enter into contracts with such programs, and providers of items and services under such programs. (2) Regular reviews and updates The Secretary shall review and update the recommended core set and supplemental set of home and community-based services quality measures published under paragraph (1) not less frequently than once every year. (3) Requirements (A) Interagency collaboration; stakeholder input In developing the recommended core set and supplemental set of home and community-based services quality measures under paragraph (1), and subsequently reviewing and updating such core and supplemental sets, the Secretary shall— (i) collaborate with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Administration for Community Living, the Director of the Agency for Healthcare Research and Quality, and the Administrator of the Substance Abuse and Mental Health Services Administration; and (ii) ensure that such core and supplemental sets are informed by input from stakeholders, including recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates. (B) Reflective of full array of services Such recommended core set and supplemental set of home and community-based services quality measures shall— (i) reflect the full array of home and community-based services and recipients of such services, including adults and children; and (ii) include— (I) outcomes-based measures; (II) measures of availability of services; (III) measures of provider capacity and availability; (IV) measures related to person-centered care; (V) measures specific to self-directed care; (VI) measures related to transitions to and from institutional care; and (VII) beneficiary and family caregiver surveys. (C) Demographics Such recommended core set and supplemental set of home and community-based services quality measures shall allow for the collection of data that is disaggregated by disability status, age, income, gender, race, ethnicity, geography, primary language, sexual orientation, gender identity, and type of service setting. (4) Funding Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary for purposes of carrying out this subsection, $5,000,000 for fiscal year 2022, to remain available until expended. (b) State adoption and reports (1) In general Not later than 2 years after the date on which the Secretary publishes the recommended core set and supplemental set of home and community-based services quality measures under subsection (a)(1), and annually thereafter, each State Medicaid program shall use such core and supplemental sets (or an alternative set of quality measures approved by the Secretary) to report information to the Secretary regarding the quality of home and community-based services provided under such program. (2) Process The information required under paragraph (1) shall be reported using a standardized format and procedures established by the Secretary. Such procedures shall allow a State Medicaid program to report such information separately or as part of the annual reports required under sections 1139A(c) and 1139B(d) of the Social Security Act (42 U.S.C. 1320b–9a, 1320b–9b). (3) Publication of quality measures Each State Medicaid program shall periodically make the information reported to the Secretary under paragraph (1) available to the public. (4) Increased Federal matching rate for adoption and reporting Section 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) ) is amended— (A) in subparagraph (F)(ii), by striking plus after the semicolon and inserting and ; and (B) by inserting after subparagraph (F), the following: (G) 80 percent of so much of the sums expended during such quarter as are attributable to the reporting of information regarding the quality of home and community-based services in accordance with section 104(b) of the Better Care Better Jobs Act ; and . II Other Provisions 201. MACPAC study and report on Appendix K emergency home and community-based services (HCBS) 1915(c) waivers (a) In general The Medicaid and CHIP Payment and Access Commission (referred to in this section as MACPAC ) shall conduct a study and submit to Congress a report on the accelerated changes and emergency amendments to home and community-based services waivers under section 1915(c) of the Social Security Act ( 42 U.S.C. 1396n(c) ) approved for States during the COVID–19 pandemic using the Appendix K template issued by the Centers for Medicare & Medicaid Services on March 22, 2020. (b) Report The report submitted under subsection (a) shall— (1) describe the specific types of flexibilities or other program changes adopted by States using the Appendix K template; (2) evaluate the efficiency, management, and success and failures of such flexibilities and program changes; and (3) include recommendations for legislative and administrative actions to continue specific flexibilities, program changes, and innovative service delivery models that increase access to care in home and community settings. 202. Making permanent the State option to extend protection under Medicaid for recipients of home and community-based services against spousal impoverishment (a) In general Section 1924(h)(1)(A) of the Social Security Act ( 42 U.S.C. 1396r–5(h)(1)(A) ) is amended by striking is described in section 1902(a)(10)(A)(ii)(VI) and inserting the following: is eligible for medical assistance for home and community-based services provided under subsection (c), (d), or (i) of section 1915, under a waiver approved under section 1115, or who is eligible for such medical assistance by reason of being determined eligible under section 1902(a)(10)(C) or by reason of section 1902(f) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care, or who is eligible for medical assistance for home and community-based attendant services and supports under section 1915(k) . (b) Conforming amendment Section 2404 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1396r–5 note) is amended by striking September 30, 2023 and inserting the date of enactment of the Better Care Better Jobs Act . 203. Permanent extension of Money Follows the Person Rebalancing demonstration (a) In general Subsection (h) of section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note) is amended— (1) in paragraph (1)— (A) in subparagraph (I), by inserting and after the semicolon; (B) by amending subparagraph (J) to read as follows: (G) $450,000,000 for each fiscal year after fiscal year 2021. ; and (C) by striking subparagraph (K); and (2) in paragraph (2), by striking September 30, 2023 and inserting September 30 of such fiscal year . (b) Redistribution of unexpended grant awards Subsection (e)(2) of section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note) is amended by adding at the end the following new sentence: Any portion of a State grant award for a fiscal year under this section that is unexpended by the State at the end of the fourth succeeding fiscal year shall be rescinded by the Secretary and added to the appropriation for the fifth succeeding fiscal year. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2210is/xml/BILLS-117s2210is.xml
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117-s-2211
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II 117th CONGRESS 1st Session S. 2211 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Van Hollen (for himself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Securities and Exchange Commission to carry out a study of Rule 10b5–1 trading plans, and for other purposes.
1. Short title This Act may be cited as the Promoting Transparent Standards for Corporate Insiders Act . 2. SEC study (a) Definitions In this section— (1) the term Commission means the Securities and Exchange Commission; (2) the term Rule 10b5–1 means section 240.10b5–1 of title 17, Code of Federal Regulations, or any successor regulation; and (3) the term trading plan means a plan described in paragraph (c)(1)(i)(A)(3) of Rule 10b5–1. (b) Study (1) In general The Commission shall carry out a study of whether Rule 10b5–1 should be amended to— (A) limit the ability of issuers and issuer insiders to adopt a trading plan to a period during which the issuer or issuer insider, as applicable, is permitted to buy or sell securities during issuer-adopted trading windows; (B) limit the ability of issuers and issuer insiders to adopt multiple trading plans; (C) establish a mandatory delay during the period beginning on the date on which a trading plan is adopted and ending on the date on which the first trade is executed under such a plan; (D) with respect to a delay established under subparagraph (C), and depending on the findings of the Commission under subparagraph (A)— (i) impose the same delay for trading plans adopted during an issuer-adopted trading window as opposed to outside of such a window; and (ii) provide an exception to such a delay; (E) limit the frequency with which issuers and issuer insiders may modify or cancel trading plans; (F) require issuers and issuer insiders to file with the Commission any adoption of, amendment to, termination of, and transaction under a trading plan; or (G) require the board of directors of an issuer that has adopted a trading plan to— (i) adopt policies governing trading plan practices; (ii) periodically monitor transactions made under the trading plan; and (iii) ensure that the policies of the issuer discuss the use of the trading plan in the context of guidelines or requirements with respect to equity hedging, holding, and ownership. (2) Additional considerations In carrying out the study required under paragraph (1), the Commission shall consider, with respect to each amendment considered by the Commission under that paragraph— (A) how the amendment may clarify and enhance existing prohibitions against insider trading; (B) the impact that the amendment may have on the ability of an issuer to attract a person to become an issuer insider; (C) the impact that the amendment may have on capital formation; (D) the impact that the amendment may have on the willingness of an issuer to operate as a public company; and (E) any other consideration that the Commission considers necessary and appropriate for the protection of investors. (c) Report Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains all findings and determinations made in carrying out the study required under subsection (b). (d) Rulemaking Not later than 1 year after the date of enactment of this Act, the Commission shall, subject to public notice and comment, amend Rule 10b5–1 in a manner that is consistent with the results of the study required under subsection (b).
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https://www.govinfo.gov/content/pkg/BILLS-117s2211is/xml/BILLS-117s2211is.xml
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117-s-2212
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II 117th CONGRESS 1st Session S. 2212 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for the authority to reimburse local governments or electric cooperatives for interest expenses, and for other purposes.
1. Short title This Act may be cited as the FEMA Loan Interest Payment Relief Act . 2. Reimbursement of interest payments related to public assistance (a) In general Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following: 431. Reimbursement of interest payments related to public assistance (a) In general The President, acting through the Administrator of the Federal Emergency Management Agency, shall provide financial assistance to a local government or electric cooperative as reimbursement for qualifying interest. (b) Definitions In this section, the following definitions apply: (1) Qualifying interest The term qualifying interest means, with respect to a qualifying loan, the lesser of— (A) the actual interest paid to a lender for such qualifying loan; and (B) the interest that would have been paid to a lender if such qualifying loan had an interest rate equal to the prime rate most recently published on the Federal Reserve Statistical Release on selected interest rates. (2) Qualifying loan The term qualifying loan means a loan— (A) obtained by a local government or electric cooperative; and (B) of which not less than 90 percent of the proceeds are used to fund activities for which such local government or electric cooperative receives assistance under this Act after the date on which such loan is disbursed. . (b) Rule of applicability Any qualifying interest (as such term is defined in section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act) incurred by a local government or electric cooperative in the 5 years preceding the date of enactment of this Act shall be treated as eligible for financial assistance for purposes of such section.
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https://www.govinfo.gov/content/pkg/BILLS-117s2212is/xml/BILLS-117s2212is.xml
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117-s-2213
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II 117th CONGRESS 1st Session S. 2213 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to give priority consideration to selecting Pensacola and Perdido Bays as an estuary of national significance, and for other purposes.
1. Short title This Act may be cited as the Pensacola and Perdido Bays Estuary of National Significance Act of 2021 . 2. Pensacola and perdido bays Section 320(a)(2)(B) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(a)(2)(B) ) is amended by striking and Lower Columbia River, Oregon and Washington and inserting Lower Columbia River, Oregon and Washington; and Pensacola and Perdido Bays, Florida and Alabama .
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https://www.govinfo.gov/content/pkg/BILLS-117s2213is/xml/BILLS-117s2213is.xml
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