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117-s-2514
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II 117th CONGRESS 1st Session S. 2514 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Lee (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To rename the Provo Veterans Center in Orem, Utah, as the Col. Gail S. Halvorsen Candy Bomber Veterans Center .
1. Designation of the Col. Gail S. Halvorsen Candy Bomber Veterans Center (a) Findings Congress finds the following: (1) Gail Halvorsen was born in Salt Lake City, Utah, on October 10, 1920, and spent his youth with his family on small farms in Utah and Idaho. (2) After a brief stint at Utah State University, Gail Halvorsen joined the Civilian Pilot Training Program where he earned his pilot’s license in 1941. During that same year, Halvorsen joined the Civil Air Patrol as a pilot. (3) Gail Halvorsen joined the United States Army Air Corps in 1942 and trained flying fighter jets with the Royal Air Force. Upon his return from training, he was assigned to fly transport missions in the South Atlantic Theater. (4) After World War II and the division of Berlin into occupation zones, disputes broke out between the Western Allies and the Soviet Union over the future of Europe. (5) Negotiations deteriorated, and in June of 1948 Soviet forces locked down all land routes connecting Western Germany with the allied portions of Berlin. Approximately 2,000,000 people in West Berlin were left completely isolated. Starvation, poverty, and desperate want ensued. (6) In an effort to alleviate the immense human suffering, the allies decided to drop supplies to people of West Berlin from the air until a diplomatic solution to the blockade could be reached. Termed by United States forces Operation Vittles , the Berlin Airlift began on June 26, 1948. (7) Gail Halvorsen was assigned to Germany in 1948 to work as an airlift pilot where he flew C–47 and C–54 cargo planes as part of Operation Vittles. (8) While on mission at Tempelhof Airport in Berlin, Halvorsen noticed a group of German children standing just outside the barb wire fence. (9) The children were destitute and clearly had very little to eat. Halvorsen gave the children two sticks of gum he had in his pocket, which they split into little pieces to share among themselves. (10) Colonel Halvorsen was deeply affected by the experience and wanted to do more to help. He promised the children he would drop more candy to them from his plane as he flew his regular airlift missions. (11) Halvorsen told the children they would recognize his plane by a back-and-forth waggle of his wings as he flew over. (12) Colonel Halvorsen enlisted his copilot and engineer in the project and began attaching their candy rations to miniature parachutes which they dropped from their plane to the starving children below. (13) The children of Berlin gave Halvorsen many nicknames including Uncle Wiggly Wings , The Chocolate Flier , The Gum Drop Kid , and The Chocolate Uncle . He eventually became known around the world as The Candy Bomber . (14) Lieutenant General William H. Turner, who directed the Berlin Airlift, learned about Halvorsen’s efforts and officially expanded the idea into a full-blown operation known as Little Vittles as a play on the broader operation’s name. (15) As the candy drops continued, word of Operation Little Vittles reached the United States. Families, schoolchildren, and candymakers in the United States began contributing candy and homemade parachutes that Halvorsen and other pilots could drop. (16) When the Berlin Airlift ended, an estimated 250,000 parachutes containing approximately 21 tons of candy had been dropped by Halvorsen and his fellow airmen as a part of Operation Little Vittles. (17) Halvorsen retired from the military in 1974 after 31 years of service and more than 8,000 hours of flying time. (18) Since his retirement, Halvorson has continued his humanitarian service. He has voluntarily represented the United States Air Force and the United States abroad and has re-enacted his famous candy drops several times in Berlin and around the world. (19) Halvorsen has also been a tremendous boon to his community through church service and other local contributions. (20) Gail Halvorsen turned 100 years old on October 10, 2020. (b) Designation The Provo Veterans Center of the Department of Veterans Affairs located at 360 State Street, Orem, Utah, shall after the date of the enactment of this Act be known and designated as the Col. Gail S. Halvorsen Candy Bomber Veterans Center . (c) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the veterans center referred to in subsection (b) shall be considered to be a reference to the Col. Gail S. Halvorsen Candy Bomber Veterans Center.
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https://www.govinfo.gov/content/pkg/BILLS-117s2514is/xml/BILLS-117s2514is.xml
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117-s-2515
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II 117th CONGRESS 1st Session S. 2515 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mrs. Gillibrand (for herself, Mr. Van Hollen , Ms. Smith , Mr. Leahy , Mr. Booker , and Mr. Sanders ) 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 treat attendance at an institution of higher education the same as work for the purpose of determining eligibility to participate in the supplemental nutrition assistance program.
1. Short title This Act may be cited as the Enhance Access To SNAP Act of 2021 or EATS Act of 2021 . 2. Treatment of attendance at an institution of higher education for purposes of SNAP eligibility (a) In general Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (1) in subsection (e)(4), by striking employed and inserting attending an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or employed, in the aggregate, ; and (2) in subsection (o)(2)(A), by striking work and inserting attend an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or work, in the aggregate, . (b) Effective date This section and the amendments made by this section shall take effect on January 2, 2022.
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https://www.govinfo.gov/content/pkg/BILLS-117s2515is/xml/BILLS-117s2515is.xml
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117-s-2516
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II 117th CONGRESS 1st Session S. 2516 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Barrasso (for himself, Mr. Risch , Mr. Cruz , Mr. Boozman , Mr. Tillis , Mr. Cornyn , Mr. Crapo , Mr. Cramer , Mr. Scott of Florida , Mr. Lankford , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prohibit the United States International Development Finance Corporation from imposing restrictions on the source of energy used by power-generation projects intended to provide affordable electricity in IDA-eligible countries or IDA-blend countries and to require the Corporation to promote a technology- and fuel-neutral, all-of-the-above energy development strategy for such countries.
1. Prohibition on restrictions on power-generation projects by United States International Development Finance Corporation in certain countries Section 1451 of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9671 ) is amended by adding at the end the following: (j) Prohibition on restrictions on power-Generation projects in certain countries (1) Prohibition on certain restrictions on power-generation projects The Corporation shall not implement or enforce any rule, regulation, policy, procedure, or guideline that would prohibit or restrict the source of energy used by a power-generation project the purpose of which is to provide affordable electricity in an IDA-eligible country or an IDA-blend country. (2) Limitation on Board The Board of the Corporation shall not, whether directly or through authority delegated by the Board, reject a power-generation project in an IDA-eligible country or an IDA-blend country based on the source of energy used by the project. (3) All-of-the-above energy development strategy The Corporation shall promote a technology- and fuel-neutral, all-of-the-above energy development strategy for IDA-eligible countries and IDA-blend countries that includes the use of oil, natural gas, coal, hydroelectric, wind, solar, and geothermal power and other sources of energy. (4) Definitions In this subsection: (A) IDA-eligible country The term IDA-eligible country means a country eligible for support from the International Development Association and not the International Bank for Reconstruction and Development. (B) IDA-blend country The term IDA-blend country means a country eligible for support from both the International Development Association and the International Bank for Reconstruction and Development. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2516is/xml/BILLS-117s2516is.xml
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117-s-2517
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II 117th CONGRESS 1st Session S. 2517 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Paul (for himself, Mr. Rubio , and Mr. Cruz ) 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 clarify the definition of navigable waters, and for other purposes.
1. Short title This Act may be cited as the Defense of Environment and Property Act of 2021 . 2. Navigable waters (a) In general 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 the waters of the United States, including the territorial seas, that are— (i) navigable-in-fact; or (ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. (B) Exclusions The term navigable waters does not include (including by regulation)— (i) waters that— (I) do not physically abut waters described in subparagraph (A); and (II) lack a continuous surface water connection to navigable waters; (ii) man-made or natural structures or channels— (I) through which water flows intermittently or ephemerally; or (II) that periodically provide drainage for rainfall; or (iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. . (b) Jurisdiction of EPA and Corps of Engineers Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 et seq. ) is amended— (1) by redesignating section 520 as section 521; and (2) by inserting after section 519 the following: 520. Jurisdiction of the Administrator and Secretary of the Army (a) EPA and Corps activities An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. (b) Aggregation; wetlands (1) Aggregation Aggregation of wetlands or waters not described in clauses (i) through (iii) of section 502(7)(B) shall not be used to determine or assert Federal jurisdiction. (2) Wetlands Wetlands described in section 502(7)(B)(iii) shall not be considered to be under Federal jurisdiction. (c) Judicial review If a jurisdictional determination by the Administrator or the Secretary of the Army would affect the ability of a State or individual property owner to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, the State or individual property owner may obtain expedited judicial review not later than 30 days after the date on which the determination is made in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review. (d) Treatment of ground water Ground water shall— (1) be considered to be State water; and (2) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies. (e) Prohibition on use of significant nexus test (1) Definition of significant nexus test In this subsection, the term significant nexus test means an analysis to determine whether a water has a significant nexus (as defined in subsection (c) of section 328.3 of title 33, Code of Federal Regulations (as in effect on August 29, 2015)) to a water described in paragraphs (1) through (3) of subsection (a) of that section (as in effect on that date), or any similar analysis. (2) Prohibition Notwithstanding any other provision of law, the Administrator may not use a significant nexus test to determine Federal jurisdiction over navigable waters and waters of the United States. . (c) Applicability Nothing in this section or the amendments made by this section affects or alters any exemption under— (1) section 402(l) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(l) ); or (2) section 404(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f) ). 3. Applicability of agency regulations and guidance (a) In general The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled Final Rule for Regulatory Programs of the Corps of Engineers (51 Fed. Reg. 41206 (November 13, 1986)). (2) The guidance document entitled Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States and dated December 2, 2008 (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. )). (3) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the terms navigable waters or waters of the United States . (b) Prohibition The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. 4. State regulation of water Nothing in this Act or the amendments made by this Act affects, amends, or supersedes— (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. 5. Consent for entry by Federal representatives Section 308 of the Federal Water Pollution Control Act ( 33 U.S.C. 1318 ) is amended by striking subsection (a) and inserting the following: (a) In general (1) Entry by Federal agency A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property— (A) has consented to the entry in writing; (B) is notified regarding the date of the entry; and (C) is given access to any data collected from the entry. (2) Access If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out. . 6. Compensation for regulatory taking (a) In general If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the Federal agency. (c) Applicability A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.
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https://www.govinfo.gov/content/pkg/BILLS-117s2517is/xml/BILLS-117s2517is.xml
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117-s-2518
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II 117th CONGRESS 1st Session S. 2518 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Rosen (for herself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to disclose testing and results of testing for perfluoroalkyl or polyfluoroalkyl substances and to provide additional requirements for testing for such substances, and for other purposes.
1. Short title This Act may be cited as the Military PFAS Testing Disclosure Act . 2. Public disclosure of testing and results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances and additional requirements for testing (a) Public disclosure of PFAS testing results Not later than 10 days after receipt of validated testing results, the Secretary of Defense shall publicly disclose the validated results of any testing for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS ) conducted on or at areas surrounding military installations of the Department of Defense in the United States or facilities of the National Guard, as authorized under section 2707(e) of title 10, United States Code, including— (1) the results of all such testing conducted by the Department; and (2) the results of all such testing conducted by a non-Department entity (including any Federal agency or any public or private entity) under contract by or pursuant to an agreement with the Department. (b) Public disclosure of planned PFAS testing Not later than 60 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall disclose the expected timing and general location of any planned testing for perfluoroalkyl or polyfluoroalkyl substances conducted on or at areas surrounding military installations of the Department of Defense in the United States or facilities of the National Guard, as authorized under section 2707(e) of title 10, United States Code, including— (1) all such testing to be conducted by the Department; and (2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under contract by or pursuant to an agreement with the Department. (c) Nature of disclosure The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the information, datasets, and results relating to the testing described in such subsections— (1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note); (2) on another publicly available website of the Department of Defense; or (3) in the Federal Register. (d) Requirements of information To be disclosed The information required to be disclosed by the Secretary of Defense under subsections (a) and (b) and published under subsection (c)— (1) shall constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44, United States Code; (2) shall include any underlying datasets or additional information of interest to the public, as determined by the Secretary; and (3) may exclude information as authorized by law. (e) Local notification Prior to conducting any testing for perfluoroalkyl or polyfluoroalkyl substances, including any testing not previously planned and reported, the Secretary of Defense shall provide notice to— (1) the managers of the public water system serving the areas located immediately adjacent to the military installation where such testing is to occur; (2) the municipal government serving the areas located immediately adjacent to the military installation where such testing is to occur; and (3) all members of the Restoration Advisory Board for the military installation where such testing is to occur, as applicable. (f) Type of testing When testing for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall test for all perfluoroalkyl or polyfluoroalkyl substances included in that method of measuring the amount of such substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (g) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom. (3) The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ( 42 U.S.C. 300f(4) ).
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https://www.govinfo.gov/content/pkg/BILLS-117s2518is/xml/BILLS-117s2518is.xml
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117-s-2519
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II 117th CONGRESS 1st Session S. 2519 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Johnson (for himself, Mr. Wicker , Mr. Toomey , Mr. Lee , Ms. Lummis , Mr. Braun , Mr. Cramer , Mr. Barrasso , Mr. Lankford , Mrs. Hyde-Smith , Mr. Inhofe , Mrs. Blackburn , and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To repeal the multi-State plan program.
1. Short title This Act may be cited as the Repeal Insurance Plans of the Multi-State Program Act or the RIP MSP Act . 2. Repeal of multi-State plan program (a) Definitions In this section, the terms multi-State plan issuer and MSP issuer mean a health insurance issuer or group of health insurance issuers that has a contract with the Office of Personnel Management to offer multi-State plan options pursuant to section 1334 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ). (b) Program Repeal Effective January 1, 2022, section 1334 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) shall have no force or effect. (c) Termination of external review The administration of external review pursuant to section 1334 of the Patient Protection and Affordable Care Act shall conclude upon the issuance by the Director of the Office of Personnel Management (referred to in this section as OPM ) of all final decisions for enrollees enrolled in a multi-State plan during or before the 2021 plan year. (d) Required reporting Not later than 60 days after the date of enactment of this Act, the Director of OPM shall provide the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Oversight and Reform and the Committee on Energy and Commerce of the House of Representatives a briefing concerning the efforts of the OPM to wind down the multi-State program under section 1334 of the Patient Protection and Affordable Care Act. Such briefing shall contain such information as may be required, including information regarding— (1) the methods of communication OPM and an MSP issuer will use to notify current enrollees that the multi-State plan will not be offered during the next open season, including a timeline of the planned communications; (2) a description of how the Director of OPM will work with the Secretary of Health and Human Services to ensure that no plans previously offered pursuant to such section 1334 are offered on State or Federal Exchanges; and (3) a timeline detailing how OPM will close down the information technology portal that MSP issuers utilize. (e) Conforming amendments (1) In general Title I of the Patient Protection and Affordable Care Act is amended— (A) in section 1301(a) ( 42 U.S.C. 18021(a) )— (i) in paragraph (2)— (I) in the heading, by striking and multi-State qualified health plans ; and (II) by striking and a multi-State plan under section 1334, ; and (ii) in paragraph (4), by striking , including a multi-State qualified health plan, ; and (B) in section 1324(a) ( 42 U.S.C. 18044(a) ), by striking , or a multi-State qualified health plan under section 1334, . (2) Effective date The amendments made by paragraph (1) shall take effect on January 1, 2022.
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https://www.govinfo.gov/content/pkg/BILLS-117s2519is/xml/BILLS-117s2519is.xml
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117-s-2520
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II 117th CONGRESS 1st Session S. 2520 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to provide for engagements with State, local, Tribal, and territorial governments, and for other purposes.
1. Short title This Act may be cited as the State and Local Government Cybersecurity Act of 2021 . 2. Amendments to the Homeland Security Act of 2002 Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) in section 2201 ( 6 U.S.C. 651 )— (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (3) the following: (4) Entity The term entity shall include— (A) an association, corporation, whether for-profit or nonprofit, partnership, proprietorship, organization, institution, establishment, or individual, whether domestic or foreign; (B) a governmental agency or other governmental entity, whether domestic or foreign, including State, local, Tribal, and territorial government entities; and (C) the general public. ; (2) in section 2202 ( 6 U.S.C. 652 )— (A) in subsection (c)— (i) in paragraph (11), by striking and at the end; (ii) in the first paragraph (12), by striking and at the end; (iii) by redesignating the second and third paragraphs (12) as paragraphs (13) and (15), respectively; (iv) in paragraph (13), as so redesignated, by striking and at the end; and (v) by inserting after paragraph (13), as so redesignated, the following: (14) carry out the authority of the Secretary under subsection (e)(1)(S); and ; and (B) in subsection (e)(1), by adding at the end the following: (S) To make grants to and enter into cooperative agreements or contracts with States, local, Tribal, and territorial governments, and other non-Federal entities as the Secretary determines necessary to carry out the responsibilities of the Secretary related to cybersecurity and infrastructure security under this Act and any other provision of law, including grants, cooperative agreements, and contracts that provide assistance and education related to cyber threat indicators, defensive measures and cybersecurity technologies, cybersecurity risks, incidents, analysis, and warnings. ; and (3) in section 2209 ( 6 U.S.C. 659 )— (A) in subsection (c)(6), by inserting operational and before timely ; (B) in subsection (d)(1)(E), by inserting , including an entity that collaborates with election officials, after governments ; and (C) by adding at the end the following: (p) Coordination on cybersecurity for Federal and non-Federal entities (1) Coordination The Center shall, to the extent practicable, and in coordination as appropriate with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center— (A) conduct exercises with Federal and non-Federal entities; (B) provide operational and technical cybersecurity training related to cyber threat indicators, proactive and defensive measures, cybersecurity risks and vulnerabilities, and incident response and management to Federal and non-Federal entities to address cybersecurity risks or incidents, with or without reimbursement; (C) assist Federal and non-Federal entities, upon request, in sharing actionable and real time cyber threat indicators, defensive measures, cybersecurity risks, and incidents from and to the Federal Government as well as among Federal and non-Federal entities, in order to increase situational awareness and help prevent incidents; (D) provide notifications containing specific incident and malware information that may affect them or their customers and residents; (E) provide and periodically update via an easily accessible platform and other means tools, products, resources, policies, guidelines, controls, and other cybersecurity standards and best practices and procedures related to information security; (F) work with senior Federal and non-Federal officials, including State, local, Tribal, and territorial Chief Information Officers, senior election officials, and through national associations, to coordinate a nationwide effort to ensure effective implementation of tools, products, resources, policies, guidelines, controls, and procedures related to information security to secure and ensure the resiliency of Federal and non-Federal information systems, including election systems; (G) provide, upon request, operational and technical assistance to Federal and non-Federal entities to implement tools, products, resources, policies, guidelines, controls, and procedures on information security, including by, as appropriate, deploying and sustaining cybersecurity technologies, such as an intrusion and threat detection capability, to assist those Federal and non-Federal entities in detecting cybersecurity risks and incidents; (H) assist Federal and non-Federal entities in developing policies and procedures for coordinating vulnerability disclosures, to the extent practicable, consistent with international and national standards in the information technology industry; (I) ensure that Federal and non-Federal entities, as appropriate, are made aware of the tools, products, resources, policies, guidelines, controls, and procedures on information security developed by the Department and other appropriate Federal departments and agencies for ensuring the security and resiliency of civilian information systems; and (J) promote cybersecurity education and awareness through engagements with Federal and non-Federal entities. (q) Report Not later than 1 year after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on— (1) the status of cybersecurity measures that are in place, and any gaps that exist, in each State and in the largest urban areas of the United States; (2) the services and capabilities that the Agency directly provides to governmental agencies or other governmental entities; and (3) the services and capabilities that the Agency indirectly provides to governmental agencies or other governmental entities through an entity described in section 2201(4)(B). .
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https://www.govinfo.gov/content/pkg/BILLS-117s2520is/xml/BILLS-117s2520is.xml
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117-s-2521
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II 117th CONGRESS 1st Session S. 2521 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Cardin (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration to establish an SBIC Working Group, and for other purposes.
1. Short title This Act may be cited as the SBIC Working Group Act of 2021 . 2. SBIC working group (a) Definitions In this section— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; (2) the term covered Members means the Chair and Ranking Member of— (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives; (3) the terms licensee , small business investment company , and underlicensed State have the meanings given those terms in section 301 of the Small Business Investment Act of 1958 ( 15 U.S.C. 662 ); (4) the term low-income community has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986; (5) the term rural area has the meaning given the term by the Bureau of the Census; (6) the terms small business concern , small business concern owned and controlled by veterans , and small business concern owned and controlled by women have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ); (7) the term socially or economically disadvantaged individual means a socially disadvantaged individual or economically disadvantaged individual, as described in paragraphs (5) and (6)(A), respectively, of section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ); (8) the term underfinanced State means a State that has below median financing, as determined by the Administrator; and (9) the term underserved community means— (A) a HUBZone, as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); (B) a community that has been designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986; (C) a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; and (D) a community that has been designated as a qualified opportunity zone under section 1400Z–1 of the Internal Revenue Code of 1986. (b) Establishment Not later than 90 days after the date on which the covered Members submit to the Administrator a notification that the covered Members have made all selections described in subparagraphs (A)(ii), (B)(ii), and (D) of paragraph (1) (and that the individuals so selected have accepted those assignments), the Administrator shall establish an SBIC Working Group (referred to in this section as the Working Group ), which shall— (1) include— (A) 4 representatives— (i) among general partners of licensees that have a demonstrated record of investing in— (I) low-income communities; (II) communities that have been designated as qualified opportunity zones under section 1400Z–1 of the Internal Revenue Code of 1986; (III) businesses primarily engaged in research and development; (IV) manufacturers; (V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the licensee; and (VI) rural areas; and (ii) of whom— (I) 1 shall be selected by the Chair of the Committee on Small Business and Entrepreneurship of the Senate; (II) 1 shall be selected by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (III) 1 shall be selected by the Chair of the Committee on Small Business of the House of Representatives; and (IV) 1 shall be selected by the Ranking Member of the Committee on Small Business of the House of Representatives; (B) 4 representatives— (i) from licensees, of whom 1 shall be an owner of a small business investment company or fund manager that is located in— (I) a low-income community; (II) a community that has been designated as a qualified opportunity zone under section 1400Z–1 of the Internal Revenue Code of 1986; (III) an underserved community; (IV) a rural area; or (V) an underfinanced State; and (ii) of whom— (I) 1 shall be selected by the Chair of the Committee on Small Business and Entrepreneurship of the Senate; (II) 1 shall be selected by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (III) 1 shall be selected by the Chair of the Committee on Small Business of the House of Representatives; and (IV) 1 shall be selected by the Ranking Member of the Committee on Small Business of the House of Representatives; (C) the Associate Administrator for the Office of Investment and Innovation of the Administration, who shall— (i) serve as the Chair of the Working Group; and (ii) select not more than 4 additional representatives from the Office of Investment and Innovation of the Administration to serve as representatives of the Working Group; and (D) 4 representatives from the investment industry or academia, or who are bank limited partners, with expertise in developing and monitoring interventions to expand the investment industry, of whom— (i) 1 shall be selected by the Chair of the Committee on Small Business and Entrepreneurship of the Senate; (ii) 1 shall be selected by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate; (iii) 1 shall be selected by the Chair of the Committee on Small Business of the House of Representatives; and (iv) 1 shall be selected by the Ranking Member of the Committee on Small Business of the House of Representatives; (2) develop recommendations regarding how the Administrator could increase the number of— (A) applicants to become small business investment companies, with a focus on management teams or companies located in— (i) low-income communities; (ii) communities that have been designated as qualified opportunity zones under section 1400Z–1 of the Internal Revenue Code of 1986; (iii) underserved communities; and (iv) rural areas; and (B) investments made in underfinanced States; (3) develop recommendations for incentives for small business investment companies to— (A) invest and locate in underlicensed States and underfinanced States; and (B) invest in small business concerns, including those owned and controlled by socially or economically disadvantaged individuals, small business concerns owned and controlled by veterans, and small business concerns owned and controlled by women; and (4) develop recommendations for metrics of success, and benchmarks for success, with respect to the goals described in this section. (c) Availability of meetings The Working Group may make the meetings of the Working Group open to the public without regard to whether those meetings are held in-person, virtually, or by some other means. (d) Report Not later than 1 year after the date on which the Administrator establishes the Working Group under subsection (b), the Working Group shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes— (1) the recommendations of the Working Group; and (2) a recommended plan and timeline for implementing the recommendations described in paragraph (1). (e) Termination The Working Group shall terminate on the date on which the Working Group submits the report required under subsection (d). (f) Applicability of federal advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Working Group or the activities of the Working Group.
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117-s-2522
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II 117th CONGRESS 1st Session S. 2522 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Murkowski (for herself and Mr. Sullivan ) 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 treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax.
1. Certain amounts treated as earned income for kiddie tax (a) In general Section 1(g)(4)(C) of the Internal Revenue Code of 1986 is amended to read as follows: (C) Treatment of certain amounts as earned income For purposes of this subsection, each of the following amounts shall be treated as earned income of the child referred to in paragraph (1) to the extent included in the gross income of such child: (i) Distributions from qualified disability trusts Any amount included in the gross income of such child under section 652 or 662 by reason of being a beneficiary of a qualified disability trust (as defined in section 642(b)(2)(C)(ii)). (ii) Certain Indian tribal payments Any payment which is included in the gross income of such child and made by an Indian tribal government (as defined in section 139E(c)(1)), or from a trust of which the Indian tribal government is treated as the owner under subpart E of part I of subchapter J, to or for the benefit of such child if— (I) such child or a family member (within the meaning of section 267(c)(4)) is an enrolled member of the tribe with respect to such Indian tribal government, and (II) such payment is made by reason of such enrollment. (iii) Certain payments from Native corporations or Settlement Trusts Any payment which is included in the gross income of such child and— (I) made by a Native corporation (as defined in section 646(h)(2)) to or for the benefit of such child if such child or a family member (within the meaning of section 267(c)(4)) has an equity interest in the Native corporation, or (II) made by a Settlement Trust (as defined in section 646(h)(4)) to or for the benefit of such child if such child or a family member (within the meaning of section 267(c)(4)) has a beneficial interest in such Settlement Trust. (iv) Alaska permanent fund dividends The amount of any Alaska Permanent Fund dividend which is included in the gross income of such child. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2020.
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117-s-2523
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II 117th CONGRESS 1st Session S. 2523 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the rules for tribal economic development bonds.
1. Short title This Act may be cited as the Tribal Economic Development Act of 2021 . 2. Modifications related to tribal economic development bonds (a) Increase in national limitation Subparagraph (B) of section 7871(f)(1) of the Internal Revenue Code of 1986 is amended by striking $2,000,000,000 and inserting $4,000,000,000 . (b) Other modifications (1) In general Paragraph (2) of section 7871(f) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Bonds treated as exempt from tax Notwithstanding any other provision of this title, gross income shall not include interest on any tribal economic development bond. . (2) Modification of definition of tribal economic development bond Section 7871(f)(3) of the Internal Revenue Code of 1986 is amended to read as follows: (3) Tribal economic development bond (A) In general For purposes of this section, the term tribal economic development bond means any bond issued by an Indian tribal government (or a subdivision thereof)— (i) which is part of an issue 95 percent or more of the proceeds of which are to be used— (I) by a qualified Native user, and (II) to promote the economic development of any Indian tribe or Native Corporation (including through loans by any Indian tribal government or a subdivision thereof to a qualified Native user), (ii) except as provided in subparagraph (D), which is not an arbitrage bond (within the meaning of section 148), (iii) which meets the applicable requirements of section 149 (other than subsections (b), (d), and (g) thereof), and (iv) which is designated by the Indian tribal government as a tribal economic development bond for purposes of this subsection. (B) Exception Such term shall not include any bond issued as part of an issue if any portion of the proceeds of such issue are used to finance any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act) is conducted or housed or any other property actually used in the conduct of such gaming. (C) Limitation on amount of bonds designated The maximum aggregate face amount of bonds which may be designated by any Indian tribal government under subparagraph (A) shall not exceed the amount of national tribal economic development bond limitation allocated to such government under paragraph (1). (D) Loans to qualified Native users permitted (i) In general For purposes of applying section 148 to this paragraph, the term arbitrage bond shall not include a bond issued as part of an issue the proceeds of which are used to provide a loan described in clause (ii) to a qualified Native user notwithstanding whether the interest rate on such loan produces a yield which is higher than the yield on such issue. (ii) Loan described A loan is described in this clause if the terms of the loan prevent the borrower of such loan from making further loans with the proceeds of such loan. (E) Qualified Native user For purposes of this paragraph, the term qualified Native user means— (i) an Indian tribal government (or a subdivision thereof), (ii) a Native Corporation, or (iii) any other entity if— (I) in the case of a corporation, not less than two-thirds of the outstanding stock are owned by one or more entities described in clauses (i) or (ii), and (II) in the case of any entity other than a corporation, not less than two-thirds of the capital and profits interests are owned by one or more entities described in clauses (i) or (ii). (F) Other definitions For purposes of this paragraph— (i) Native Corporation The term Native Corporation has the meaning given such term under section 646(h)(2). (ii) Indian tribe The term Indian tribe has the meaning given such term under subsection (c)(3)(E)(ii). (G) Coordination with third-party repayment, etc A bond shall not fail to be treated as a tribal economic development bond solely because a person other than the Indian tribal government (or subdivision thereof) issuing the bond has guaranteed the repayment of, is otherwise obligated to repay, or in fact repays, any portion of the principal or interest of such bond. . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
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117-s-2524
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II 117th CONGRESS 1st Session S. 2524 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, and for other purposes.
1. Eligibility for certain programs Section 29(c) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1626(c) ) is amended, in the undesignated matter following paragraph (3), by striking subparagraph (E) and inserting the following: (E) an interest in a Settlement Trust or an amount distributed from or benefit provided by a Settlement Trust to a Native or descendant of a Native who is an aged, blind, or disabled individual (as defined in section 1614(a) of the Social Security Act ( 42 U.S.C. 1382c(a) ). .
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117-s-2525
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II 117th CONGRESS 1st Session S. 2525 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Portman (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to require research and development to identify and evaluate the extent to which critical domain risks within the United States supply chain pose a substantial threat to homeland security, and for other purposes.
1. Short title This Act may be cited as the Domains Critical to Homeland Security Act . 2. Critical domain research and development (a) In general Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 890B. Homeland security critical domain research and development (a) In general (1) Research and development The Secretary is authorized to conduct research and development to— (A) identify United States critical domains for economic security and homeland security; and (B) evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. (2) Requirements (A) Risk analysis of critical domains The research under paragraph (1) shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following: (i) The vulnerability and resilience of relevant supply chains. (ii) Foreign production, processing, and manufacturing methods. (iii) Influence of malign economic actors. (iv) Asset ownership. (v) Relationships within the supply chains of such domains. (vi) The degree to which the conditions referred to in clauses (i) through (v) would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. (B) Additional research into high-risk critical domains Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph (1) and subparagraph (A) of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall— (i) describe the underlying infrastructure and processes; (ii) analyze present and projected performance of industries that comprise or support such domain; (iii) examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area; (iv) examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; (v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; (vi) identify and define needs and requirements to establish supply resiliency within each such domain; and (vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. (3) Consultation In conducting the research under paragraphs (1) and (2)(B), the Secretary shall consult with appropriate Federal agencies, including the Bureau of Industry and Security at the Department of Commerce, State agencies, and private sector stakeholders. (4) Publication Beginning 1 year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraphs (1) and (2)(B), including findings, evidence, analysis, and recommendations. Such report shall be updated annually through 2026. (b) Submission to Congress Not later than 90 days after the publication of each report required under subsection (a)(4), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. (c) Definitions In this section: (1) Economic security The term economic security means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. (2) United States critical domains for economic security The term United States critical domains for economic security means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. (d) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 890A the following new item: Sec. 890B. Homeland security critical domain research and development. .
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117-s-2526
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II 117th CONGRESS 1st Session S. 2526 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To authorize the Secretary of Defense and the Secretary of Veterans Affairs to enter into agreements for the planning, design, and construction of facilities to be operated as shared medical facilities, and for other purposes.
1. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities (a) Authority of Secretary of Defense (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section: 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements The Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. . (2) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs. . (b) Authority of Secretary of Veterans Affairs (1) In general Chapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section: 8111B. Shared medical facilities with Department of Defense (a) Agreements The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 81 of such title is amended by inserting after the item relating to section 8111A the following new item: 8111B. Shared medical facilities with Department of Defense. .
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117-s-2527
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II 117th CONGRESS 1st Session S. 2527 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Hagerty (for himself, Mr. Rubio , Mr. Johnson , Mr. Marshall , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require officers and employees of the legislative and executive branches to make certain disclosures related to communications with information content providers and interactive computer services regarding restricting speech.
1. Short title This Act may be cited as the Disclose Government Censorship Act . 2. Definitions In this Act: (1) Information content provider; interactive computer service The terms information content provider and interactive computer service have the meanings given the terms in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (2) Legitimate law enforcement purpose The term legitimate law enforcement purpose means for the purpose of investigating a criminal offense by a law enforcement agency that is within the lawful authority of that agency. (3) National security purpose The term national security purpose means a purpose that relates to— (A) intelligence activities; (B) cryptologic activities related to national security; (C) command and control of military forces; (D) equipment that is an integral part of a weapon or weapons system; or (E) the direct fulfillment of military or intelligence missions. 3. Disclosures (a) In general Except as provided in subsection (c), any officer or employee in the executive or legislative branch shall disclose and, in the case of a written communication, make available for public inspection, on a public website in accordance with subsection (d), any communication by that officer or employee with a provider or operator of an interactive computer service regarding action or potential action by the provider or operator to restrict access to or the availability of, bar or limit access to, or decrease the dissemination or visibility to users of, material posted by another information content provider, whether the action is or would be carried out manually or through use of an algorithm or other automated or semi-automated process. (b) Timing The disclosure required under subsection (a) shall be made not later than 7 days after the date on which the communication is made. (c) Legitimate law enforcement and national security purposes (1) In general Any communication for a legitimate law enforcement purpose or national security purpose shall be disclosed and, in the case of a written communication, made available for inspection, to each House of Congress. (2) Timing The disclosure required under paragraph (1) shall be made not later than 60 days after the date on which the communication is made. (3) Receipt Upon receipt, each House shall provide copies to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate regarding the subject matter to which the communication pertains. Such information shall be deemed the property of such committee and may not be disclosed except— (A) in accordance with the rules of the committee; (B) in accordance with the rules of the House of Representatives and the Senate; and (C) as permitted by law. (d) Website (1) Legislative branch The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives shall designate a single location on an internet website where the disclosures and communications of employees and officers in the legislative branch shall be published in accordance with subsection (a). (2) Executive branch The Director of the Office of Management and Budget shall designate a single location on an internet website where the disclosures and communications of employees and officers in the executive branch shall be published in accordance with subsection (a). (e) Notice The Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives, and the Director of the Office of Management and Budget shall take reasonable steps to ensure that each officer and employee of the legislative branch and executive branch, as applicable, are informed of the duties imposed by this section. (f) Conflicts of interest Any person who is a former officer or employee of the executive branch of the United States (including any independent agency) or any person who is a former officer or employee of the legislative branch or a former Member of Congress, who personally and substantially participated in any communication under subsection (a) while serving as an officer, employee, or Member of Congress, shall not, within 2 years after any such communication under subsection (a) or 1 year after termination of his or her service as an officer, employee, or Member of Congress, whichever is later, knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States, on behalf of any person with which the former officer or employee personally and substantially participated in such communication under subsection (a). (g) Penalties Any person who violates subsections (a), (b), (c), or (f) shall be punished as provided in section 216 of title 18, United States Code.
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117-s-2528
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II 117th CONGRESS 1st Session S. 2528 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Blumenthal (for himself and Mr. Menendez ) 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 a penalty for assault against journalists, and for other purposes.
1. Short title This Act may be cited as the Journalist Protection Act . 2. Assault against journalists (a) In general Chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Assault against journalists (a) Definitions In this section: (1) Bodily injury; serious bodily injury The terms bodily injury and serious bodily injury have the meanings given those terms in section 1365(h). (2) Journalist The term journalist means an individual who— (A) is an employee, independent contractor, or agent of an entity or service that disseminates news or information— (i) by means of a newspaper, nonfiction book, wire service, news agency, news website, mobile application or other news or information service (whether distributed digitally or otherwise), news program, magazine, or other periodical (whether in print, electronic, or other format); or (ii) through a television broadcast, radio broadcast, multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )), or motion picture for public showing; and (B) engages in newsgathering with the primary intent to investigate an event or procure material in order to disseminate to the public news or information concerning a local, national, or international event or other matter of public interest. (3) Newsgathering The term newsgathering means engaging in regular gathering, preparation, collection, photographing, recording, writing, editing, reporting, or publishing concerning a local, national, or international event or other matter of public interest. (b) Prohibited conduct Whoever, in or affecting interstate or foreign commerce, intentionally commits, or attempts to commit— (1) an act described in subsection (c) shall be fined under this title or imprisoned not more than 3 years, or both; or (2) an act described in subsection (d) shall be fined under this title or imprisoned not more than 6 years, or both. (c) Bodily injury to a journalist An act described in this subsection is an act— (1) that causes bodily injury to an individual who is a journalist; (2) committed with knowledge or reason to know the individual is a journalist; and (3) committed— (A) while the journalist is taking part in newsgathering; or (B) with the intention of intimidating or impeding newsgathering by the journalist. (d) Serious bodily injury to a journalist An act described in this subsection is an act— (1) that causes serious bodily injury to an individual who is a journalist; (2) committed with knowledge or reason to know the individual is a journalist; and (3) committed— (A) while the journalist is taking part in newsgathering; or (B) with the intention of intimidating or impeding newsgathering by the journalist. . (b) Clerical amendment The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Assault against journalists. .
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117-s-2529
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II 117th CONGRESS 1st Session S. 2529 IN THE SENATE OF THE UNITED STATES July 29, 2021 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 provide for advance refunds of certain net operating losses and research expenditures relating to COVID–19, and for other purposes.
1. Short title This Act may be cited as the Innovation and Growth Now by Investing in Tomorrow’s Enterprises Act or the IGNITE American Innovation Act . 2. Advance refunds of net operating losses for C corporation taxpayers (a) In general (1) Net operating loss carryovers Section 172 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following: (g) Advance refund for C corporations relating to certain carryovers arising during 2015 through 2021 (1) In general A taxpayer to which this subsection applies for any taxable year beginning in 2020 or 2021 shall be allowed an advance refund in the amount determined under paragraph (2) for such taxable year. (2) Amount of the advance refund (A) In general The advance refund determined under this paragraph for any taxable year is an amount equal the lesser of— (i) the amount specified by the taxpayer in the election to have this subsection apply, or (ii) an amount equal to 21 percent of the sum of— (I) any net operating loss arising in such taxable year (reduced by any portion of such net operating loss carried back to a preceding taxable year under subsection (b)(1)(D)), plus (II) any carryforward to such taxable year of a net operating loss arising in a taxable year beginning after December 31, 2014, and before such taxable year. (B) Aggregate dollar limitation The aggregate amount of advance refunds of a taxpayer under this subsection for all taxable years shall not exceed $100,000,000. (3) Net operating loss offset by advance refunds The net operating loss of the taxpayer for any taxable year to which this subsection applies shall be reduced by the amount of any net operating loss arising in such taxable year, or net operating loss carryforward to such taxable year, for which an advance refund is elected pursuant to this subsection. (4) Taxpayer to which subsection applies For purposes of paragraph (1), this subsection applies to a taxpayer for a taxable year if— (A) the taxpayer is a C corporation— (i) with respect to which the average number of full-time employees (as determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986) employed by the taxpayer during calendar year 2019 or 2020, whichever is greater, is greater than five and is not greater than 1,500, and (ii) which has complied to date with filing of all forms or return requirements under section 3102, 3111, 3301, and 3402 with respect to calendar years 2019 and 2020, and (B) the taxpayer elects the application of this subsection for such taxable year. (5) Special rules For purposes of this subsection— (A) Certain contributions of capital not taken into account in determining ownership change under section 382 For purposes of determining whether an ownership change has occurred with respect to the loss corporation under section 382(g) in computing the amount of any advance refund under this section, a transfer of stock in exchange for a capital contribution to such loss corporation shall not be taken into account if— (i) the value of the stock transferred is commensurate with the amount of capital being contributed, and (ii) such exchange is not part of a plan to redeem other shareholders. (B) Aggregation rule All corporations treated as a single employer under subsection (a) of section 52 or subsection (m) or (o) under section 414 shall be treated as a single taxpayer for purposes of this section. (6) Regulations and guidance The Secretary shall issue such regulations and other guidance as may be necessary to carry out the purposes of this section, including regulations and other guidance to carry out the purposes of this subsection— (A) to allow for the making of an election for the application of this subsection in such manner as the Secretary may by regulations prescribe, (B) to allow the payment of the advance refund in accordance with section 6429 based on such information as the Secretary shall require, (C) to allow advance refunds permitted under this subsection to be claimed on such forms as the Secretary shall prescribe, and (D) to provide for the application of this subsection to taxpayers that file consolidated returns. (7) Advance refund For rules for claiming the advance refund, see section 6429. . (2) Conforming amendment Section 172(c) of such Code is amended by inserting before the period at the end the following: and with the reduction required by subsection (g) . (b) Advance refund of research credits and orphan drug credits for C corporation taxpayers Section 39 of such Code is amended by adding at the end the following: (e) Advance refund of research and orphan drug credits (1) In general A taxpayer that is a C corporation may elect an advance refund of the portion of any unused business credit carryforward under section 39 which— (A) is attributable to the credit determined under section 41 or the credit determined under section 45C, and (B) is an unused business credit carryforward carried to a taxable year beginning on or after January 1, 2020, and before January 1, 2022, and that arose in taxable years beginning after December 31, 2014. (2) Annual limitation The amount of the advance refund under paragraph (1) for a taxable year shall not exceed the excess (if any) of $25,000,000 reduced by the amount of the advance refund for such taxable year under section 172(g). (3) Inapplicability of sections 38(c) and 383(a) For purposes of this subsection, the amount of any advance refund shall be computed without respect to the limitations under sections 38(c) and 383(a). (4) Regulations and guidance The Secretary shall issue such regulations and other guidance as may be necessary— (A) to allow for the making of an election under paragraph (1) in such manner as the Secretary may by regulations prescribe, (B) to allow the advance refund under this subsection and section 6429 based on such information as the Secretary shall require, and (C) to allow advance refunds under this section to be claimed on such forms as the Secretary shall prescribe. . (c) Advance refund of certain net operating losses, research credit, and orphan drug credit (1) In general Subchapter B of chapter 65 of such Code is amended by inserting after section 6428 the following new section: 6429. Advance refund of certain net operating losses, research credit, and orphan drug credit (a) Advance refund (1) In general In the case of a C corporation, the advance refund sum for any taxable year may be claimed by the taxpayer as follows: (A) Payroll taxes First, by reducing deposits or payments of applicable employment taxes. (B) Advance refundability Second, any remaining amount of the advance refund sum to be refunded to the taxpayer after the application of subparagraph (A) shall be treated as an overpayment and shall be refunded in a manner similar to that prescribed in subsection 2301(b)(3) of the Coronavirus, Aid, Relief, and Economic Security Act. (2) Applicable employment taxes For purposes of paragraph (1)(A), the term applicable employment taxes means the following: (A) The taxes imposed under section 3111(b). (B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b). (b) Advance refund sum For purposes of subsection (a), the term advance refund sum means, with respect to any taxable year, the sum of— (1) the amount of the taxpayer's advance refund under section 172(g) for the taxable year, and (2) the amount of the advance refund for such taxable year under section 39(e) of any unused business credit carryforward which is attributable to the research credit determined under section 41 or the orphan drug credit determined under section 45C. (c) Recapture (1) In general The Secretary shall, by regulations, provide for recapturing the benefit of any advance refund allowable under this section if there is a sale or full or partial liquidation of the corporation during the recapture period. The recapture amount shall not exceed the lesser of— (A) the amount of any proceeds or distributions received by shareholders of the corporation attributable to such sale or liquidation, or (B) the amount that the advance refund exceeds the aggregate amount spent by the corporation on payroll, research expenses, and property, plant and equipment during the recapture period. (2) Recapture period For purposes of paragraph (1), the term recapture period means the two-year period beginning on the date of the advance refund. . (2) Clerical amendment The table of sections for subchapter B of chapter 65 of such Code is amended by inserting after the item relating to section 6428 the following new item: Sec. 6429. Advance refund of certain net operating losses, research credit, and orphan drug credit. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2019. 3. Enhanced research credit for COVID–19 expenditures (a) In general Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (i) Enhanced credit for COVID–19 research expenditures (1) In general For purposes of determining the amount of qualified research expenses under subsection (b) for the taxable year, the amount of any qualified COVID–19 research expenditures paid or incurred by a taxpayer on or after February 15, 2020, and before January 1, 2022, shall be equal to 200 percent of the amount paid or incurred. (2) Qualified COVID–19 research expenditures For purposes of this subsection, the term qualified COVID–19 research expenditures means expenditures paid or incurred in connection with the research and development of products regulated by the Food and Drug Administration (including biologics, drugs, and devices) that are intended to be used in the diagnosis, prevention and treatment of coronavirus disease 2019 (COVID–19), and such other similar expenditures as prescribed by the Secretary in regulations. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2019.
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117-s-2530
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II 117th CONGRESS 1st Session S. 2530 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Cassidy (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the deductibility of charitable contributions to certain organizations for members of the Armed Forces.
1. Short title This Act may be cited as the Charitable Equity for Veterans Act of 2021 . 2. Deductibility of charitable contributions to certain organizations for members of the Armed Forces (a) In general (1) Definition of a charitable contribution Section 170(c) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph: (6) An organization described in section 501(c)(19) that is a federally chartered corporation. . (2) Percentage limitation Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (viii), by adding or at the end of clause (ix), and by adding at the end the following new clause: (x) an organization described in section 501(c)(19) that is a federally chartered corporation, . (b) Effective date The amendments made by this section shall apply with respect to taxable years beginning after the date of enactment of this Act.
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117-s-2531
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II 117th CONGRESS 1st Session S. 2531 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Warner (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to give States the option to extend the Medicaid drug rebate program to the Children's Health Insurance Program, and for other purposes.
1. Short title This Act may be cited as the Fair Drug Prices for Kids Act . 2. Reducing prescription drug costs for children's medicine (a) In general Section 1927(a) of the Social Security Act ( 42 U.S.C. 1396r–8(a) ) is amended by adding at the end the following new paragraph: (8) State option to apply rebate requirements to the State child health plan (A) In general A State may elect to apply the requirements of this section and regulations promulgated to carry out this section to covered outpatient drugs for which payment is available under the State child health plan under title XXI in the same manner as such requirements apply to the State plan under this title, subject to such guidance as the Secretary shall establish. (B) Application rules If a State makes an election under subparagraph (A), then, in applying this section with respect to that State— (i) paragraph (1) of this subsection shall be applied as if or section 2105 (if the State has elected to apply this section to the State child health plan under title XXI) were inserted after 1903(a) ; (ii) paragraph (7)(A) of this subsection shall be applied— (I) as if or section 2105 (if the State has elected to apply this section to the State child health plan under title XXI) were inserted after 1903(a) ; and (II) as if (or, if the State has elected to apply this section to the State child health plan under title XXI, on or after the date this section first applies to the State) were inserted after January 1, 2006 ; (iii) paragraph (7)(B)(ii) of this subsection shall be applied— (I) as if or section 2105 (if the State has elected to apply this section to the State child health plan under title XXI) were inserted after 1903(a) ; and (II) as if (or, if the State has elected to apply this section to the State child health plan under title XXI, on or after the date this section first applies to the State) were inserted after January 1, 2008 ; (iv) subsection (b)(1)(A) shall be applied as if (or, if the State has elected to apply this section to the State child health plan under title XXI, on or after the date this section first applies to the State, to each State child health plan for which payment was made under such State child health plan for such period) were inserted after such period ; (v) subsection (b)(1)(B) shall be applied as if (or a reduction in the amount expended under the State child health plan in the quarter for child health assistance or pregnancy-related assistance for purposes of section 2105 if the State has elected to apply this section to the State child health plan under title XXI) were inserted after 1903(a)(1) ; and (vi) paragraphs (2)(A)(i) and (3)(A)(ii) of subsection (c) shall each be applied as if (or, if the State has elected to apply this section to the State child health plan under title XXI, on or after the date this section first applies to the State) were inserted after December 31, 1990 each place it appears. . (b) Conforming amendments (1) Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— (A) by redesignating subparagraphs (D) through (S) as subparagraphs (E) through (T), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph: (D) Section 1902(a)(54) (relating to compliance with the requirements of section 1927 but only if the State has elected to apply such requirements to the State child health plan under this title). . (2) Section 2110(a)(6) of the Social Security Act ( 42 U.S.C. 1397jj(a)(6) ) is amended by inserting and, if the State has elected to apply the requirements of section 1927 to the State child health plan under this title, covered outpatient drugs, as defined in section 1927(k)(2), after Prescription drugs and biologicals .
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117-s-2532
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II 117th CONGRESS 1st Session S. 2532 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mrs. Feinstein (for herself, Mr. Blumenthal , Ms. Klobuchar , Mr. Wyden , Mr. Van Hollen , Mr. Carper , Ms. Hirono , Mr. Durbin , Mr. Whitehouse , Ms. Baldwin , Mr. Markey , Mr. Warner , Mr. Ossoff , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide protections for employees of, former employees of, and applicants for employment with Federal agencies, contractors, and grantees whose right to petition or furnish information to Congress is interfered with or denied.
1. Short title This Act may be cited as the Congressional Whistleblower Protection Act of 2021 . 2. Protections for covered individuals Section 7211 of title 5, United States Code, is amended— (1) by striking The right of employees and inserting the following: (a) In general The right of covered individuals ; and (2) by adding at the end the following: (b) Remedies (1) Administrative remedies (A) In general A covered individual with respect to a Federal agency (other than a covered individual described in subparagraph (B), (C), or (D)) who is aggrieved by a violation of subsection (a) may seek corrective action under sections 1214 and 1221 in the same manner as an individual who is aggrieved by a prohibited personnel practice described in section 2302(b)(8). (B) FBI employees A covered individual with respect to the Federal Bureau of Investigation who is aggrieved by a violation of subsection (a) may seek corrective action under section 2303. (C) Intelligence community employees A covered individual with respect to a covered intelligence community element (as defined in section 1104(a) of the National Security Act of 1947 ( 50 U.S.C. 3234(a) )) who is aggrieved by a violation of subsection (a) may seek corrective action under section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) or subsection (b)(7) or (j) of section 3001 of that Act ( 50 U.S.C. 3341 ). (D) Contractor employees A covered individual with respect to a Federal agency who is an employee of, former employee of, or applicant for employment with, a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of the agency and who is aggrieved by a violation of subsection (a) of this section may seek corrective action under section 2409 of title 10 or section 4712 of title 41. (E) Burden of proof The burdens of proof under subsection (e) of section 1221 shall apply to an allegation of a violation of subsection (a) of this section made under subparagraph (A), (B), (C), or (D) of this paragraph in the same manner as those burdens of proof apply to an allegation of a prohibited personnel practice under such section 1221. (F) Class of individuals entitled to seek corrective action The right to seek corrective action under subparagraph (A), (B), (C), or (D) shall apply to a covered individual who is an employee of, former employee of, or applicant for employment with, a Federal agency described in the applicable subparagraph or a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of such a Federal agency, notwithstanding the fact that a provision of law referenced in the applicable subparagraph does not authorize one or more of those types of covered individuals to seek corrective action. (2) Private right of action (A) In general If a final decision providing relief for a violation of subsection (a) alleged under subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection is not issued within 210 days of the date on which the covered individual seeks corrective action under the applicable subparagraph and there is no showing that the delay is due to the bad faith of the covered individual, the covered individual may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over the action without regard to the amount in controversy, for lost wages and benefits, reinstatement, costs and attorney fees, compensatory damages, equitable or injunctive relief, or any other relief that the court considers appropriate. (B) Jury trial An action brought under subparagraph (A) shall, upon the request of the covered individual, be tried by the court with a jury. (C) Burden of proof The burdens of proof under subsection (e) of section 1221 shall apply to an allegation of a violation of subsection (a) of this section in an action brought under this paragraph in the same manner as those burdens of proof apply to an allegation of a prohibited personnel practice under such section 1221. (c) Definitions For purposes of this section— (1) the term covered individual , with respect to a Federal agency, means an employee of, former employee of, or applicant for employment with— (A) the agency; or (B) a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of the agency; and (2) the term Federal agency means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government. .
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117-s-2533
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II 117th CONGRESS 1st Session S. 2533 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Tester (for himself, Mr. Boozman , Ms. Hirono , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve mammography services furnished by the Department of Veterans Affairs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Making Advances in Mammography and Medical Options for Veterans Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Screening and early detection Sec. 101. Strategic plan for breast imaging services for veterans. Sec. 102. Telemammography pilot program of Department of Veterans Affairs. Sec. 103. Upgrade of breast imaging at facilities of Department of Veterans Affairs to three-dimensional digital mammography. Sec. 104. Study on availability of testing for breast cancer gene among veterans and expansion of availability of such testing. Sec. 105. Mammography accessibility for paralyzed and disabled veterans. Sec. 106. Report on access to and quality of mammography screenings furnished by Department of Veterans Affairs. TITLE II—Partnerships for research and access to care Sec. 201. Partnerships with National Cancer Institute to expand access of veterans to cancer care. Sec. 202. Report by Department of Veterans Affairs and Department of Defense on interagency collaboration on treating and researching breast cancer. I Screening and early detection 101. Strategic plan for breast imaging services for veterans (a) 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 strategic plan for improving breast imaging services for veterans. (b) Elements The strategic plan required by subsection (a) shall— (1) cover the evolving needs of women veterans; (2) address geographic disparities of breast imaging furnished at a facility of the Department of Veterans Affairs and the use of breast imaging through non-Department providers in the community; (3) address the use of digital breast tomosynthesis (DBT–3D breast imaging); (4) address the needs of male veterans who require breast cancer screening services; and (5) provide recommendations on— (A) potential expansion of breast imaging services furnished at facilities of the Department, including infrastructure and staffing needs; (B) the use of digital breast tomosynthesis; (C) the use of mobile mammography; and (D) other access and equity improvements for breast imaging. 102. Telemammography pilot program of Department of Veterans Affairs (a) In general Commencing not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to provide telemammography services for veterans who live in— (1) States where the Department of Veterans Affairs does not offer breast imaging services at a facility of the Department; or (2) locations where access to breast imaging services at a facility of the Department is difficult or not feasible, as determined by the Secretary. (b) Duration The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program. (c) Locations In carrying out the pilot program under subsection (a), the Secretary may use community-based outpatient clinics, mobile mammography, Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act ( 42 U.S.C. 1395x(aa)(4) )), rural health clinics, critical access hospitals, clinics of the Indian Health Service, and such other sites as the Secretary determines feasible to provide mammograms under the pilot program. (d) Sharing of images and results Under the pilot program under subsection (a)— (1) mammography images generated shall be sent to the centralized telemammography center of the Department for interpretation by expert radiologists; and (2) results shall be shared with the veteran and their primary care provider. (e) Report (1) In general Not later than one year after the conclusion of the pilot program under subsection (a), 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 evaluating the pilot program. (2) Elements The report required by paragraph (1) shall include the following: (A) An assessment of the quality of the mammography provided under the pilot program under subsection (a). (B) Feedback from veterans and providers participating in the pilot program. (C) A recommendation of the Secretary on the continuation or discontinuation of the pilot program. 103. Upgrade of breast imaging at facilities of Department of Veterans Affairs to three-dimensional digital mammography Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) upgrade all mammography services at facilities of the Department of Veterans Affairs that provide such services to use digital breast tomosynthesis technology, also known as three-dimensional breast imaging; and (2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report— (A) indicating that the upgrade under paragraph (1) has been completed; and (B) listing the facilities or other locations of the Department at which digital breast tomosynthesis technology is used. 104. Study on availability of testing for breast cancer gene among veterans and expansion of availability of such testing (a) Study (1) In general The Secretary of Veterans Affairs shall conduct a study on the availability of access to testing for the breast cancer gene for veterans diagnosed with breast cancer, as recommended by the guidelines set forth by the National Comprehensive Cancer Network. (2) Elements In conducting the study under paragraph (1), the Secretary shall examine— (A) the feasibility of expanding the Joint Medicine Service of the Department of Veterans Affairs to provide genetic testing and counseling for veterans with breast cancer across the country; and (B) access to such testing and counseling for veterans living in rural or highly rural areas, and any gaps that may exist with respect to such access. (b) Expansion of availability of testing (1) In general The Secretary shall update guidelines or institute new guidelines to increase the use of testing for the breast cancer gene and genetic counseling for veterans diagnosed with breast cancer. (2) Decision support tools In updating or instituting guidelines under paragraph (1), the Secretary may develop clinical decision support tools to facilitate delivery of breast cancer care that is in line with national cancer guidelines. (c) Report Not later than two years after the date of the enactment of this Act, 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— (1) the results of the study under subsection (a); (2) any updates to guidelines or new guidelines instituted under subsection (b); and (3) any progress of the Department in improving access to and usage of testing for the breast cancer gene among veterans diagnosed with breast cancer, including for veterans living in rural or highly rural areas. (d) Definitions In this section, the terms rural and highly rural have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. 105. Mammography accessibility for paralyzed and disabled veterans (a) Study (1) In general The Secretary of Veterans Affairs shall conduct a study on the accessibility of breast imaging services at facilities of the Department of Veterans Affairs for veterans with paralysis, spinal cord injury or disorder (SCI/D), or another disability. (2) Accessibility The study required by paragraph (1) shall include an assessment of the accessibility of the physical infrastructure at breast imaging facilities of the Department, including the imaging equipment, transfer assistance, and the room in which services will be provided as well as adherence to best practices for screening and treating veterans with a spinal cord injury or disorder. (3) Screening rates (A) Measurement The study required by paragraph (1) shall include a measurement of breast cancer screening rates for veterans with a spinal cord injury or disorder during the two-year period preceding the commencement of the study, including a breakout of the screening rates for such veterans living in rural or highly rural areas. (B) Development of method If the Secretary is unable to provide the measurement required under subparagraph (A), the Secretary shall develop a method to track breast cancer screening rates for veterans with a spinal cord injury or disorder. (4) Report Not later than two years after the date of the enactment of this Act, 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 findings of the study required by paragraph (1), including— (A) the rates of screening among veterans with a spinal cord injury or disorder, including veterans living in rural or highly rural areas, as required under paragraph (3)(A); or (B) if such rates are not available, a description of the method developed to measure such rates as required under paragraph (3)(B). (b) Care from non-Department providers The Secretary shall update the policies and directives of the Department to ensure that, in referring a veteran with a spinal cord injury or disorder for care from a non-Department provider, the Secretary shall— (1) confirm with the provider the accessibility of the breast imaging site, including the imaging equipment, transfer assistance, and the room in which services will be provided; and (2) provide additional information to the provider on best practices for screening and treating veterans with a spinal cord injury or disorder. (c) Definitions In this section, the terms rural and highly rural have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. 106. Report on access to and quality of mammography screenings furnished by Department of Veterans Affairs (a) In general Not later than two years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on mammography services furnished by the Department of Veterans Affairs. (b) Elements The report required by subsection (a) shall include an assessment of— (1) the access of veterans to mammography screenings, whether at a facility of the Department or through a non-Department provider, including any staffing concerns of the Department in providing such screenings; (2) the quality of such screenings and reading of the images from such screenings, including whether such screenings use three-dimensional mammography; (3) the communication of the results of such screenings, including whether results are shared in a timely manner, whether results are shared via the Joint Health Information Exchange or another electronic mechanism, and whether results are incorporated into the electronic health record of the veteran; (4) the performance of the Women’s Breast Oncology System of Excellence of the Department; and (5) the access of veterans diagnosed with breast cancer to a comprehensive breast cancer care team of the Department. (c) Follow-Up Not later than 180 days after the submittal of the report under subsection (a), 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 plan to address the deficiencies identified in the report under subsection (a), if any. II Partnerships for research and access to care 201. Partnerships with National Cancer Institute to expand access of veterans to cancer care (a) Access to care in each VISN (1) In general The Secretary of Veterans Affairs shall enter into a partnership with not fewer than one cancer center of the National Cancer Institute of the National Institutes of Health in each Veterans Integrated Service Network of the Department of Veterans Affairs to expand access to high-quality cancer care for women veterans. (2) Treatment of rural veterans The Secretary, in carrying out partnerships entered into under paragraph (1), shall ensure that veterans with breast cancer who reside in rural areas or States without a cancer center that has entered into such a partnership with the Secretary are able to receive care through such a partnership via telehealth. (b) Report on partnership To increase access to clinical trials Not later than 180 days after the date of the enactment of this Act, 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— (1) how the Secretary will ensure that the advancements made through the existing partnership between the Department of Veterans Affairs and the National Cancer Institute to provide veterans with access to clinical cancer research trials (commonly referred to as NAVIGATE ) are permanently implemented; and (2) the determination of the Secretary of whether expansion of such partnership to more than the original 12 facilities of the Department that were selected under such partnership is feasible. (c) Periodic reports Not later than three years after the date of the enactment of this Act, and every three years 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— (1) assessing how the partnerships entered into under subsection (a)(1) have impacted access by veterans to cancer centers of the National Cancer Institute, including an assessment of the telehealth options made available and used pursuant to such partnerships; and (2) describing the advancements made with respect to access by veterans to clinical cancer research trials through the partnership described in subsection (b)(1), including how many of those veterans were women veterans, minority veterans (including racial and ethnic minorities), and rural veterans, and identifying opportunities for further innovation. 202. Report by Department of Veterans Affairs and Department of Defense on interagency collaboration on treating and researching breast cancer (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report on all current research and health care collaborations between the Department of Veterans Affairs and the Department of Defense on treating veterans and members of the Armed Forces with breast cancer. (b) Elements The report required by subsection (a)— (1) shall include a description of potential opportunities for future interagency collaboration between the Department of Veterans Affairs and the Department of Defense with respect to treating and researching breast cancer; and (2) may include a focus on— (A) with respect to women members of the Armed Forces with a diagnosis of or who are undergoing screening for breast cancer, transition of such members from receiving care from the Department of Defense to receiving care from the Department of Veterans Affairs; (B) collaborative breast cancer research opportunities between the Department of Veterans Affairs and the Department of Defense; (C) access to clinical trials; and (D) such other matters as the Secretary of Veterans Affairs and the Secretary of Defense consider appropriate.
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117-s-2534
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II 117th CONGRESS 1st Session S. 2534 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Ossoff (for himself, Mr. Warnock , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend title 49, United States Code, to provide assistance for increasing the frequency and availability of public transportation service, and for other purposes.
1. Short title This Act may be cited as the Expanded Transit Service Act . 2. Urbanized area formula grants Section 5307(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking subparagraph (D) and inserting the following: (D) operating costs of equipment and facilities for use in public transportation— (i) in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; or (ii) as provided under paragraph (2), (3), or (4). ; and (2) by adding at the end the following: (4) Exception for increasing the frequency and availability of transit service (A) In general A recipient in an urbanized area with a population of not fewer than 200,000 individuals may use not more than 10 percent of the amounts made available to the recipient under this section for operating costs that increase the frequency and availability of public transportation service. (B) Measurement Operating costs described in subparagraph (A) shall be related to increasing or maintaining the frequency and availability of public transportation service as measured by a comparison of— (i) the planned number of vehicle revenue hours of service provided by the recipient in the current fiscal year; to (ii) the number of vehicle revenue hours of service provided by the recipient in— (I) the fiscal year preceding the first fiscal year in which the recipient uses amounts under this paragraph; or (II) a different fiscal year, as determined by the Secretary, in the case of emergency or disaster. (C) Eligibility Eligible operating costs under this paragraph include costs associated with— (i) decreasing headways; (ii) expanding service hours or days; (iii) providing service to new routes; or (iv) expanding routes. .
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117-s-2535
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II 117th CONGRESS 1st Session S. 2535 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Young (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize additional district judges for the district courts and convert temporary judgeships.
1. Short title This Act may be cited as the Judicial Understaffing Delays Getting Emergencies Solved Act or the JUDGES Act . 2. Findings Congress finds the following: (1) The Judicial Conference of the United States requested the creation of 77 new district judges in its 2021 report. (2) The Judicial Conference of the United States has named 37 vacancies as judicial emergencies. (3) As of March 31, 2021, there were 696,789 pending cases, averaging 803 filings per judgeship. 3. Additional district judges for the district courts (a) Additional judgeships (1) 2025 On or after January 21, 2025, the President shall appoint, by and with the advice and consent of the Senate— (A) 1 additional district judge for the district of Arizona; (B) 7 additional district judges for the central district of California; (C) 2 additional district judges for the eastern district of California; (D) 3 additional district judges for the northern district of California; (E) 3 additional district judges for the southern district of California; (F) 1 additional district judge for the district of Colorado; (G) 1 additional district judge for the district of Delaware; (H) 3 additional district judges for the middle district of Florida; (I) 1 additional district judge for the northern district of Florida; (J) 1 additional district judge for the southern district of Florida; (K) 1 additional district judge for the northern district of Georgia; (L) 1 additional district judge for the district of Idaho; (M) 1 additional district judge for the southern district of Indiana; (N) 1 additional district judge for the northern district of Iowa; (O) 2 additional district judges for the district of New Jersey; (P) 1 additional district judge for the district of New Mexico; (Q) 1 additional district judge for the eastern district of New York; (R) 1 additional district judge for the southern district of New York; (S) 1 additional district judge for the western district of New York; (T) 1 additional district judge for the eastern district of Texas; (U) 2 additional district judges for the southern district of Texas; and (V) 3 additional district judges for the western district of Texas. (2) 2029 On or after January 21, 2029, the President shall appoint, by and with the advice and consent of the Senate— (A) 3 additional district judges for the district of Arizona; (B) 8 additional district judges for the central district of California; (C) 2 additional district judges for the eastern district of California; (D) 2 additional district judges for the northern district of California; (E) 3 additional district judges for the southern district of California; (F) 1 additional district judge for the district of Colorado; (G) 1 additional district judge for the district of Delaware; (H) 4 additional district judges for the middle district of Florida; (I) 2 additional district judges for the southern district of Florida; (J) 1 additional district judge for the northern district of Georgia; (K) 1 additional district judge for the southern district of Indiana; (L) 3 additional district judges for the district of New Jersey; (M) 1 additional district judge for the eastern district of New York; (N) 1 additional district judge for the eastern district of Texas; (O) 2 additional district judges for the southern district of Texas; and (P) 3 additional district judges for the western district of Texas. (b) Conversion of temporary judgeships The existing judgeships for the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note) and the existing judgeships for the northern district of Alabama, the district of Arizona, the central district of California, the southern district of Florida, the district of New Mexico, the western district of North Carolina, and the eastern district of Texas authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 , 28 U.S.C. 133 note), as of the date of enactment of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (c) Technical and conforming amendments The table contained in section 133(a) of title 28, United States Code, is amended— (1) by striking the items relating to Alabama and inserting the following: Alabama: Northern 8 Middle 3 Southern 3 ; (2) by striking the item relating to Arizona and inserting the following: Arizona 17 ; (3) by striking the items relating to California and inserting the following: California: Northern 19 Eastern 10 Central 43 Southern 19 ; (4) by striking the item relating to Colorado and inserting the following: Colorado 9 ; (5) by striking the item relating to Delaware and inserting the following: Delaware 6 ; (6) by striking the items relating to Florida and inserting the following: Florida: Northern 5 Middle 22 Southern 21 ; (7) by striking the items relating to Georgia and inserting the following: Georgia: Northern 13 Middle 4 Southern 3 ; (8) by striking the item relating to Idaho and inserting the following: Idaho 3 ; (9) by striking the items relating to Indiana and inserting the following: Indiana: Northern 5 Southern 7 ; (10) by striking the items relating to Iowa and inserting the following: Iowa: Northern 3 Southern 3 ; (11) by striking the item relating to Kansas and inserting the following: Kansas 6 ; (12) by striking the items relating to Missouri and inserting the following: Missouri: Eastern 7 Western 5 Eastern and Western 2 ; (13) by striking the item relating to New Jersey and inserting the following: New Jersey 22 ; (14) by striking the item relating to New Mexico and inserting the following: New Mexico 8 ; (15) by striking the items relating to New York and inserting the following: New York: Northern 5 Southern 29 Eastern 17 Western 5 ; (16) by striking the items relating to North Carolina and inserting the following: North Carolina: Eastern 4 Middle 4 Western 5 ; and (17) by striking the items relating to Texas and inserting the following: Texas: Northern 12 Southern 23 Eastern 10 Western 19 . 4. GAO report on vacant and underutilized courthouses Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall make publicly available a report identifying Federal courthouses that are vacant or underused. 5. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act or an amendment made by this Act.
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117-s-2536
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II 117th CONGRESS 1st Session S. 2536 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Rubio (for himself, Mr. Daines , Mr. Tillis , Ms. Lummis , Mr. Braun , Mr. Lankford , Mrs. Hyde-Smith , Mr. Young , Mr. Thune , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Government Accountability Office to submit a report on the public health mitigation messaging and guidance of the Centers for Disease Control and Prevention.
1. Short title This Act may be cited as the Restore Public Health Institution Trust Act of 2021 . 2. Report on CDC public health mitigation messaging and guidance (a) In general Not later than 120 days after the date of enactment of this Act, the Government Accountability Office shall submit to the appropriate committees of Congress a report on the public health mitigation messaging, decision making, and guidance of the Centers for Disease Control and Prevention (referred to in this section as the CDC ). Such report shall— (1) consider— (A) the data being used by the CDC to make recommendations; (B) the impact that inconsistent messaging has had on— (i) the level of trust Americans have in the CDC; and (ii) the willingness of Americans to follow CDC guidance, including with respect to COVID-19 vaccine uptake; and (C) the degree to which outside entities (such as teachers unions) were in a position to impact recommendations made by the CDC; and (2) contain recommendations to improve the approach of the CDC relating to messaging, decision making, and the issuance of guidance in the future. (b) Definition In this section, the term appropriate committees of Congress means— (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on Small Business of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Commerce, Science, and Transportation of the Senate; (5) the Committee on Education and Labor of the House of Representatives; (6) the Committee on Small Business of the House of Representatives; (7) the Committee on Appropriations of the House of Representatives; and (8) the Committee on Energy and Commerce of the House of Representatives.
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117-s-2537
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II 117th CONGRESS 1st Session S. 2537 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) 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 a credit for previously-owned qualified plug-in electric drive motor vehicles.
1. Short title This Act may be cited as the Affordable EVs for Working Families Act . 2. Credit for previously-owned qualified plug-in electric drive motor vehicles (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Previously-owned qualified plug-in electric drive motor vehicles (a) Allowance of credit In the case of a qualified buyer who during a taxable year places in service a previously-owned qualified plug-in electric drive motor vehicle, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) $1,250, plus (2) in the case of a vehicle which draws propulsion energy from a battery which exceeds 4 kilowatt hours of capacity (determined at the time of sale), the lesser of— (A) $1,250, and (B) the product of $208.50 and such excess kilowatt hours. (b) Limitations (1) Sale price The credit allowed under subsection (a) with respect to sale of a vehicle shall not exceed 30 percent of the sale price. (2) Adjusted gross income The amount which would (but for this paragraph) be allowed as a credit under subsection (a) shall be reduced (but not below zero) by $200 for each $1,000 (or fraction thereof) by which the taxpayer’s adjusted gross income exceeds $75,000 (twice such amount in the case of a joint return). (c) Definitions For purposes of this section— (1) Previously-owned qualified plug-in electric drive motor vehicle The term previously-owned qualified plug-in electric drive motor vehicle means, with respect to a taxpayer, a motor vehicle— (A) the model year of which is at least 2 earlier than the calendar year in which the taxpayer acquires such vehicle, (B) the original use of which commences with a person other than the taxpayer, (C) which is acquired by the taxpayer in a qualified sale, (D) registered by the taxpayer for operation in a State or possession of the United States, (E) which meets the requirements of subparagraphs (C), (D), (E), (F) of section 30D(d)(1), and (F) which is not of a character subject to an allowance for depreciation. (2) Qualified sale The term qualified sale means a sale of a motor vehicle— (A) by a seller who holds such vehicle in inventory (within the meaning of section 471) for sale or lease, (B) for a sale price of less than $25,000, and (C) which is the first transfer since the date of the enactment of this section to a person other than the person with whom the original use of such vehicle commenced. (3) Qualified buyer The term qualified buyer means, with respect to a sale of a motor vehicle, a taxpayer— (A) who is an individual, (B) who purchases such vehicle for use and not for resale, (C) with respect to whom no deduction is allowable with respect to another taxpayer under section 151, (D) who has not been allowed a credit under this section for any sale during the 3-year period ending on the date of the sale of such vehicle, and (E) who possesses a certificate issued by the seller that certifies— (i) that the vehicle is a previously-owned qualified plug-in electric drive motor vehicle, (ii) the vehicle identification number of such vehicle, (iii) the capacity of the battery at time of sale, and (iv) such other information as the Secretary may require. (4) Motor vehicle; capacity The terms motor vehicle and capacity have the meaning given such terms in paragraphs (2) and (4) of section 30D(d), respectively. (d) VIN number requirement No credit shall be allowed under subsection (a) with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year. (e) Application of certain rules For purposes of this section, rules similar to the rules of paragraphs (1), (2), (4), (5), (6) and (7) of section 30D(f) shall apply for purposes of this section. (f) Certificate submission requirement The Secretary may require that the issuer of the certificate described in subsection (c)(3)(E) submit such certificate to the Secretary at the time and in the manner required by the Secretary. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (2) Section 6213(g)(2) of such Code is amended— (A) in subparagraph (P), by striking and at the end, (B) in subparagraph (Q), by striking the period at the end and inserting , and , and (C) by adding at the end the following: (R) an omission of a correct vehicle identification number required under section 36C(d) (relating to credit for previously-owned qualified plug-in electric drive motor vehicles) to be included on a return. . (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (c) Clerical amendment 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. Previously-owned qualified plug-in electric drive motor vehicles. . (d) Effective date The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act.
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117-s-2538
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II 117th CONGRESS 1st Session S. 2538 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Booker (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize a program of grants to hospitals and emergency departments to develop, implement, enhance, or study alternatives to opioids for pain management, and for other purposes.
1. Short title This Act may be cited as the Alternatives to Opioids in the Emergency Department Reauthorization Act of 2021 or the ALTO Reauthorization Act of 2021 . 2. Reauthorization of emergency alternatives to opioids program Section 7091 of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 294i note) is amended— (1) in the section heading, by striking demonstration ; (2) in the headings of subsections (a) and (b), by striking demonstration each place it appears; (3) in subsections (a)(1) and (b), by striking demonstration each place it appears; (4) in subsection (f)— (A) by striking Not later than 1 year after completion of the demonstration program under this section and inserting Not later than the end of each of calendar years 2022 and 2028 ; and (B) by striking demonstration after results of the ; and (5) in subsection (g), by striking 2019 through 2021 and inserting 2022 through 2026 .
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117-s-2539
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II 117th CONGRESS 1st Session S. 2539 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to issue rules requiring the inclusion of new safety equipment in school buses, and for other purposes.
1. Short title This Act may be cited as the School Bus Safety Act of 2021 . 2. Definitions In this Act: (1) 3-point safety belt The term 3-point safety belt has the meaning given the term Type 2 seat belt assembly in section 571.209 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Automatic emergency braking system The term automatic emergency braking system means a crash avoidance system installed and operational in a vehicle that consists of— (A) a forward collision warning function— (i) to detect vehicles and objects ahead of the vehicle; and (ii) to alert the operator of the vehicle of an impending collision; and (B) a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that— (i) a crash is imminent; and (ii) the operator of the vehicle is not reacting in a timely or appropriate manner. (3) Event data recorder The term event data recorder has the meaning given the term in section 563.5(b) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) School bus The term school bus has the meaning given the term schoolbus in section 30125(a) of title 49, United States Code. (5) Secretary The term Secretary means the Secretary of Transportation. 3. School bus safety (a) Seat belt requirement Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final rules prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, to require school buses with a gross vehicle weight rating of greater than 10,000 pounds to be equipped with a 3-point safety belt at each designated seating position. (b) Fire protection requirements (1) Fire suppression systems (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, to require school buses to be equipped with fire suppression systems that, at a minimum, address engine fires. (B) Application The standards prescribed or amendments made under subparagraph (A) shall apply to school buses manufactured in, or imported into, the United States on or after the effective date of the standards or amendments. (2) Firewalls (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, for school buses, especially school buses with engines that extend beyond the firewall, to ensure that no hazardous quantity of gas or flame can pass through the firewall from the engine compartment to the passenger compartment. (B) Application The standards prescribed or amendments made under subparagraph (A) shall apply to school buses manufactured in, or imported into, the United States on or after the effective date of the standards or amendments. (3) Interior flammability and smoke emissions characteristics Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 571.302 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 302), to adopt, with respect to a motor vehicle (as defined in section 30102(a) of title 49, United States Code), performance standards for interior flammability and smoke emissions characteristics that are not less rigorous than the performance standards for interior flammability and smoke emissions characteristics applicable to— (A) a compartment occupied by the crew or passengers of a transport category airplane (within the meaning of part 25 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this Act)) under section 25.853 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (B) a passenger car or locomotive cab (as those terms are defined in section 238.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act)) under section 238.103 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Other safety equipment requirements Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final rules— (1) prescribing or amending motor vehicle safety standards under chapter 301 of title 49, United States Code, to require school buses to be equipped with— (A) an automatic emergency braking system; (B) an event data recorder; and (C) an electronic stability control system (as defined in section 571.136 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act)); and (2) amending part 383 of title 49, Code of Federal Regulations, to require not less than 30 hours of behind-the-wheel instruction for operators of school buses, which shall be accrued— (A) on public roads; and (B) with a trained instructor who possesses a valid commercial driver’s license with a school bus endorsement. (d) Obstructive sleep apnea Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration and the Administrator of the Federal Railroad Administration shall complete the rulemaking process and publish a final rule with respect to the advance notice of proposed rulemaking entitled Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea (81 Fed. Reg. 12642 (March 10, 2016)). (e) Effective date The standards prescribed or amendments made under subsections (a) and (c) shall apply with respect to school buses manufactured in, or imported into, the United States on or after the date that is 1 year after the date on which the Secretary issues the rules required under the applicable subsection. 4. Studies (a) Motion-Activated detection systems (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator ) shall complete a study with respect to the benefits of requiring school buses manufactured in, or imported into, the United States to be equipped with a motion-activated detection system that is capable of— (A) detecting pedestrians, bicyclists, and other road users located near the exterior of the school bus; and (B) alerting the operator of the school bus of the road users described in subparagraph (A). (2) Regulations Not later than 1 year after the date on which the Administrator completes the study under paragraph (1), the Administrator shall issue rules requiring school buses manufactured in, or imported into, the United States to effectuate that requirement. (b) Safety belt alert Not later than 2 years after the date of enactment of this Act, the Administrator shall complete a study on the benefits of requiring school buses manufactured in, or imported into, the United States to be equipped with a system to alert the operator of the school bus if a passenger in the school bus is not wearing a 3-point safety belt equipped on the school bus. 5. Safety grant program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall establish a grant program to provide grants to States to make subgrants to local educational agencies— (1) to assist the local educational agencies in purchasing school buses equipped with— (A) 3-point safety belts at each designated seating position; or (B) any other school bus safety feature described in section 3 or 4; and (2) to assist the local educational agencies in modifying school buses already owned by the local educational agency to be equipped with— (A) 3-point safety belts at each designated seating position; or (B) any other school bus safety feature described in section 3 or 4. (b) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.
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117-s-2540
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II 117th CONGRESS 1st Session S. 2540 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Portman (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To make technical corrections to title XXII of the Homeland Security Act of 2002, and for other purposes.
1. Short title This Act may be cited as the CISA Technical Corrections and Improvements Act of 2021 . 2. Redesignations (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) by striking section 2201 ( 6 U.S.C. 651 ); (2) by redesignating sections 2202 through 2214 as sections 2201 through 2213, respectively; (3) by redesignating section 2217 ( 6 U.S.C. 665f ) as section 2219; (4) by redesignating section 2216 ( 6 U.S.C. 665e ) as section 2218; (5) by redesignating the fourth section 2215 (relating to Sector Risk Management Agencies) ( 6 U.S.C. 665d ) as section 2217; (6) by redesignating the third section 2215 (relating to the Cybersecurity State Coordinator) ( 6 U.S.C. 665c ) as section 2216; and (7) by redesignating the first section 2215 (relating to Duties and Authorities Relating to .GOV Internet Domain) ( 6 U.S.C. 665 ) as section 2214. (b) Technical and conforming amendments The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (1) in section 320(d)(3)(C) ( 6 U.S.C. 195f(d)(3)(C) ) by striking section 2201 and inserting section 2200 ; (2) in section 846(1) ( 6 U.S.C. 417(1) ), by striking section 2209 and inserting section 2208 ; (3) in section 1801(c)(16) ( 6 U.S.C. 571(c)(16) ) by striking section 2202(c)(7) and inserting section 2201(c)(7) ; (4) in section 2001(4)(A)(iii)(II) ( 6 U.S.C. 601(4)(A)(iii)(II) ), by striking section 2214(a)(2) and inserting section 2213(a)(2) ; (5) in section 2008(a)(3) ( 6 U.S.C. 609(a)(3) ), by striking section 2214(a)(2) and inserting section 2213(a)(2); (6) in section 2201, as so redesignated— (A) in subsection (c)— (i) in the first paragraph (12), by striking section 2215 and inserting section 2216 ; (ii) by redesignating the second and third paragraphs (12) as paragraphs (13) and (14), respectively; and (iii) in paragraph (13), as so redesignated, by striking section 2215 and inserting section 2214 ; and (B) in subsection (e)(2), by striking sections 2203(b) and 2204(b) and inserting sections 2202(b) and 2203(b) ; (7) in section 2202(b)(3), as so redesignated, by striking section 2202(c)(7) and inserting section 2201(c)(7) ; (8) in section 2203(b)(3), as so redesignated, by striking section 2202(c)(7) and inserting section 2201(c)(7) ; (9) in section 2204, as so redesignated, in the matter preceding paragraph (1), by striking section 2202 and inserting section 2201 ; (10) in section 2210(b)(2)(A), as so redesignated, by striking section 2209 and inserting section 2208 ; and (11) in section 2217(c)(4)(A), by striking section 2209 and inserting section 2208 . (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— (1) by striking inserting before the item relating to subtitle A of title XXII the following: Sec. 2200. Definitions. ; and (2) by striking the items relating to sections 2201 through 2217 and inserting the following: Sec. 2201. Cybersecurity and Infrastructure Security Agency. Sec. 2202. Cybersecurity Division. Sec. 2203. Infrastructure Security Division. Sec. 2204. Enhancement of Federal and non-Federal cybersecurity. Sec. 2205. Net guard. Sec. 2206. Cyber Security Enhancement Act of 2002. Sec. 2207. Cybersecurity recruitment and retention. Sec. 2208. National cybersecurity and communications integration center. Sec. 2209. Cybersecurity plans. Sec. 2210. Cybersecurity strategy. Sec. 2211. Clearances. Sec. 2212. Federal intrusion detection and prevention system. Sec. 2213. National Asset Database. Sec. 2214. Duties and authorities relating to .gov internet domain. Sec. 2215. Joint Cyber Planning Office. Sec. 2216. Cybersecurity State Coordinator. Sec. 2217. Sector Risk Management Agencies. Sec. 2218. Cybersecurity Advisory Committee. Sec. 2219. 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 ). 3. Consolidation of definitions (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ) is amended— (1) by striking section 2201; and (2) by inserting before the subtitle A heading the following: 2200. Definitions Except as otherwise specifically provided, in this title: (1) Agency The term Agency means the Cybersecurity and Infrastructure Security Agency. (2) Agency information The term agency information means information collected or maintained by or on behalf of an agency. (3) Agency information system The term agency information system means an information system used or operated by an agency or by another entity on behalf of an agency. (4) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (5) Critical infrastructure information The term critical infrastructure information means information not customarily in the public domain and related to the security of critical infrastructure or protected systems— (A) actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate commerce of the United States, or threatens public health or safety; (B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or (C) any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation. (6) Cyber threat indicator The term cyber threat indicator means information that is necessary to describe or identify— (A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability; (B) a method of defeating a security control or exploitation of a security vulnerability; (C) a security vulnerability, including anomalous activity that appears to indicate the existence of a security vulnerability; (D) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability; (E) malicious cyber command and control; (F) the actual or potential harm caused by an incident, including a description of the information exfiltrated as a result of a particular cybersecurity threat; (G) any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or (H) any combination thereof. (7) Cybersecurity purpose The term cybersecurity purpose means the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability. (8) Cybersecurity risk The term cybersecurity risk — (A) means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism; and (B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement. (9) Cybersecurity threat (A) In general Except as provided in subparagraph (B), the term cybersecurity threat means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system. (B) Exclusion The term cybersecurity threat does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement. (10) Defensive measure (A) In general Except as provided in subparagraph (B), the term defensive measure means an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on, processed by, or transiting an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability. (B) Exclusion The term defensive measure does not include a measure that destroys, renders unusable, provides unauthorized access to, or substantially harms an information system or information stored on, processed by, or transiting such information system not owned by— (i) the entity operating the measure; or (ii) another entity or Federal entity that is authorized to provide consent and has provided consent to that private entity for operation of such measure. (11) Homeland Security Enterprise The term Homeland Security Enterprise means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and tribal government officials, private sector representatives, academics, and other policy experts. (12) Incident The term incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system. (13) Information sharing and analysis organization The term Information Sharing and Analysis Organization means any formal or informal entity or collaboration created or employed by public or private sector organizations, for purposes of— (A) gathering and analyzing critical infrastructure information, including information related to cybersecurity risks and incidents, in order to better understand security problems and interdependencies related to critical infrastructure, including cybersecurity risks and incidents, and protected systems, so as to ensure the availability, integrity, and reliability thereof; (B) communicating or disclosing critical infrastructure information, including cybersecurity risks and incidents, to help prevent, detect, mitigate, or recover from the effects of a interference, compromise, or a incapacitation problem related to critical infrastructure, including cybersecurity risks and incidents, or protected systems; and (C) voluntarily disseminating critical infrastructure information, including cybersecurity risks and incidents, to its members, State, local, and Federal Governments, or any other entities that may be of assistance in carrying out the purposes specified in subparagraphs (A) and (B). (14) Information system The term information system has the meaning given the term in section 3502 of title 44, United States Code. (15) Intelligence community The term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (16) Monitor The term monitor means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system. (17) National cybersecurity asset response activities The term national cybersecurity asset response activities means— (A) furnishing cybersecurity technical assistance to entities affected by cybersecurity risks to protect assets, mitigate vulnerabilities, and reduce impacts of cyber incidents; (B) identifying other entities that may be at risk of an incident and assessing risk to the same or similar vulnerabilities; (C) assessing potential cybersecurity risks to a sector or region, including potential cascading effects, and developing courses of action to mitigate such risks; (D) facilitating information sharing and operational coordination with threat response; and (E) providing guidance on how best to utilize Federal resources and capabilities in a timely, effective manner to speed recovery from cybersecurity risks. (18) National security system The term national security system has the meaning given the term in section 11103 of title 40, United States Code. (19) Sector risk management agency The term Sector Risk Management Agency means a Federal department or agency, designated by law or Presidential directive, with responsibility for providing institutional knowledge and specialized expertise of a sector, as well as leading, facilitating, or supporting programs and associated activities of its designated critical infrastructure sector in the all hazards environment in coordination with the Department. (20) Security vulnerability The term security vulnerability means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control. (21) Sharing The term sharing (including all conjugations thereof) means providing, recieving, and disseminating (including all conjugations of each such terms). . (b) Technical and conforming amendments The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (1) in section 2201, as so redesignated— (A) in subsection (a)(1), by striking (in this subtitle referred to as the Agency) ; (B) in subsection (f)— (i) in paragraph (1), by inserting Executive before Assistant Director ; and (ii) in paragraph (2), by inserting Executive before Assistant Director ; (2) in section 2202(a)(2), as so redesignated, by striking as the Assistant Director and inserting as the Executive Assistant Director ; (3) in section 2203(a)(2), as so redesignated, by striking as the Assistant Director and inserting as the Executive Assistant Director ; (4) in section 2208, as so redesignated— (A) by striking subsection (a); (B) by redesignating subsections (b) through subsection (o) as subsections (a) through (n), respectively; (C) in subsection (c)(1)(A)(iii), as so redesignated, by striking , as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ) ; (D) in subsection (d), as so redesignated, in the matter preceding paragraph (1), by striking subsection (c) and inserting subsection (b) ; (E) in subsection (j), as so redesignated, by striking subsection (c)(8) and inserting subsection (b)(8) ; and (F) in subsection (n), as so redesignated— (i) in paragraph (2)(A), by striking subsection (c)(12) and inserting subsection (b)(12) ; and (ii) in paragraph (3)(B)(i), by striking subsection (c)(12) and inserting subsection (b)(12) ; (5) in section 2209, as so redesignated— (A) by striking subsection (a); (B) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively; (C) in subsection (b), as so redesignated— (i) by striking information sharing and analysis organizations (as defined in section 2222(5)) and inserting Information Sharing and Analysis Organizations ; and (ii) by striking (as defined in section 2209) ; and (D) in subsection (c), as so redesignated, by striking subsection (c) and inserting subsection (b) ; (6) in section 2210, as so redesignated, by striking subsection (h); (7) in section 2211, as so redesignated, by striking information sharing and analysis organizations (as defined in section 2222(5)) and inserting Information Sharing and Analysis Organizations ; (8) in section 2212, as so redesignated— (A) by striking subsection (a); (B) by redesignating subsections (b) through (f) as subsections (a) through (e); respectively; (C) in subsection (b), as so redesignated, by striking subsection (b) each place it appears and inserting subsection (a) ; (D) in subsection (c), as so redesignated, in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (a) ; and (E) in subsection (d), as so redesignated— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking subsection (c)(2) and inserting subsection (b)(2) ; (II) in subparagraph (A), by striking subsection (c)(1) and inserting subsection (b)(1) ; and (III) in subparagraph (B), by striking subsection (c)(2) and inserting subsection (b)(2) ; and (ii) in paragraph (2), by striking subsection (c)(2) and inserting subsection (b)(2) ; (9) in section 2215 ( 6 U.S.C. 665b )— (A) by striking subsection (a); (B) by redesignating subsections (b) through (h) as subsections (a) through (g), respectively; (C) in subsection (a), as so redesignated— (i) in the matter preceding paragraph (1), by striking subsection (e) and inserting subsection (d) ; (ii) in paragraph (1), by striking subsection (c) and inserting subsection (b) ; and (iii) in paragraph (2), by striking subsection (c) and inserting subsection (b) ; (D) in subsection (b)(4), as so redesignated— (i) by striking subsection (e) and inserting subsection (d) ; and (ii) by striking subsection (h) and inserting subsection (g) ; (E) in subsection (d), as so redesignated, by striking subsection (b)(1) each place it appears and inserting subsection (a)(1) ; (F) in subsection (e), as so redesignated— (i) by striking subsection (b) and inserting subsection (a) ; (ii) by striking subsection (e) and inserting subsection (d) ; and (iii) by striking subsection (b)(1) and inserting subsection (a)(1) ; and (G) in subsection (f), as so redesignated, by striking subsection (c) and inserting subsection (b) ; (10) in section 2216, as so redesignated, by striking subsection (f) and inserting the following: (f) Cyber defense operation defined In this section, the term cyber defense operation means the use of a defensive measure. ; and (11) in section 2222— (A) by striking paragraphs (3), (5), and (8); (B) by redesignating paragraph (4) as paragraph (3); and (C) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5), respectively. (c) Cybersecurity Act of 2015 definitions Section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ) is amended— (1) by striking paragraphs (4) through (7) and inserting the following: (4) Cybersecurity purpose The term cybersecurity purpose has the meaning given the term in section 2200 of the Homeland Security Act of 2002. (5) Cybersecurity threat The term cybersecurity threat has the meaning given the term in section 2200 of the Homeland Security Act of 2002. (6) Cyber theat indicator The term cyber threat indicator has the meaning given the term in section 2200 of the Homeland Security Act of 2002. (7) Defensive measure The term defensive measure has the meaning given the term in section 2200 of the Homeland Security Act of 2002. ; (2) by striking paragraph (13) and inserting the following: (13) Monitor The term monitor has the meaning given the term in section 2200 of the Homeland Security Act of 2002. ; and (3) by striking paragraph (17) and inserting the following: (17) Security vulnerability The term security vulnerability has the meaning given the term in section 2200 of the Homeland Security Act of 2002. . 4. Additional technical and conforming amendments (a) Federal Cybersecurity Enhancement Act of 2015 The Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1521 et seq. ) is amended— (1) in section 222 ( 6 U.S.C. 1521 )— (A) in paragraph (2), by striking section 2210 and inserting section 2200 ; and (B) in paragraph (4), by striking section 2209 and inserting section 2200 ; (2) in section 223 ( 6 U.S.C. 151 note) is amended by striking section 2213(b)(1) each place it appears and inserting section 2212(a)(1) ; and (3) in section 226— (A) in subsection (a)— (i) in paragraph (1), by striking section 2213 and inserting section 2200 ; (ii) in paragraph (4), by striking section 2210(b)(1) and inserting section 2209(a)(1) ; and (iii) in paragraph (5), by striking section 2213(b) and inserting section 2212(a) ; and (B) in subsection (c)(1)(A)(vi), by striking section 2213(c)(5) and inserting section 2212(b)(5) ; and (4) in section 227 ( 6 U.S.C. 1525 )— (A) in subsection (a), by striking section 2213 and inserting section 2212 ; and (B) in subsection (b), by striking section 2213(d)(2) and inserting section 2212(c)(2) . (b) Public Health Service Act Section 2811(b)(4)(D) of the Public Health Service Act ( 42 U.S.C. 300hh–10(b)(4)(D) ) is amended by striking section 228(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 149(c) ) and inserting section 2209(c) of the Homeland Security Act of 2002 . (c) William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 Section 9002 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 652a ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking section 2222(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 671(5) ) and inserting section 2200 of the Homeland Security Act of 2002 ; and (B) in paragraph (7), by striking given the term and all that follows and inserting given the term in section 2200 of the Homeland Security Act of 2002 ; (2) in subsection (b)(1)(A), by striking section 2202(c)(4) of the Homeland Security Act ( 6 U.S.C. 652(c)(4) ) and inserting section 2201(c)(4) ; (3) in subsection (c)(3)(B), by striking section 2201(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 651(5) ) and inserting section 2200 of the Homeland Security Act of 2002 ; and (4) in subsection (d)— (A) by striking section 2215 and inserting 2217 ; and (B) by striking , as added by this section . (d) National Security Act of 1947 Section 113B of the National Security Act of 1947 ( 50 U.S.C. 3049a(b)(4) ) is amended by striking section 226 of the Homeland Security Act of 2002 ( 6 U.S.C. 147 ) and inserting section 2207 of the Homeland Security Act of 2002 . (e) Cybersecurity Act of 2015 Section 404(a) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1532(a) ) is amended by striking section 2209 and inserting section 2208 . (f) IoT Cybersecurity Improvement Act of 2020 Section 5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 ( 15 U.S.C. 278g–3c ) is amended by striking section 2209(m) and inserting section 2208(l) . (g) Small Business Act Section 21(a)(8)(B) of the Small Business Act ( 15 U.S.C. 648(a)(8)(B) ) is amended by striking section 2209(a) and inserting section 2200 . (h) Title 46 Section 70101(2) of title 46, United States Code, is amended by striking section 227 of the Homeland Security Act of 2002 ( 6 U.S.C. 148 ) and inserting section 2200 of the Homeland Security Act of 2002 .
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https://www.govinfo.gov/content/pkg/BILLS-117s2540is/xml/BILLS-117s2540is.xml
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117-s-2541
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II 117th CONGRESS 1st Session S. 2541 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Sinema (for herself and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize the reclassification of the tactical enforcement officers (commonly known as the Shadow Wolves ) in the Homeland Security Investigations tactical patrol unit operating on the lands of the Tohono O'odham Nation as special agents.
1. Short title This Act may be cited as the Shadow Wolves Enhancement Act . 2. Reclassification of Shadow Wolves as GS–1811 special agents Notwithstanding any other provision of law, the Director of U.S. Immigration and Customs Enforcement is authorized— (1) to reclassify the GS–1801 tactical enforcement officers (commonly known as Shadow Wolves ) assigned to the Homeland Security Investigations tactical patrol unit operating on the lands of the Tohono O'odham Nation, as of the date of the enactment of this Act, as GS–1811 special agents, upon the successful completion of— (A) the Federal Law Enforcement Training Center’s Criminal Investigator Training Program; and (B) (i) Customs Basic Enforcement School, if the officer was hired before March 2003; or (ii) U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent Training, if the officer was hired during or after March 2003; (2) to classify any Shadow Wolves who are assigned to the unit referred to in paragraph (1) after such date of enactment as special agents upon the successful completion of the training described in paragraph (1); and (3) to classify any Shadow Wolves who are hired as part of a comparable unit (regardless of location) after such date of enactment as special agents upon the successful completion of the training described in paragraph (1). 3. Expansion of Shadow Wolves Program Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Comptroller General of the United States, the Committee on Homeland Security and Governmental Affairs of the Senate , and the Committee on Homeland Security of the House of Representatives a strategy for— (1) retaining existing Shadow Wolves; (2) recruiting new Shadow Wolves; (3) expanding comparable units referred to in section 2(3) to appropriate areas near the international border between the United States and Canada or the international border between the United States and Mexico, with the approval and consent of the appropriate Indian tribe; and (4) determining the best process for expanding the reach of the Shadow Wolves Program to include historically and culturally significant areas for Tribal communities that are not located on Tribal lands. 4. GAO study (a) Study The Comptroller General of the United States shall conduct a study to determine the best process for expanding the reach of the Shadow Wolves Program to include historically and culturally significant areas for tribal communities that are not located on tribal lands. (b) Report Not later than 1 year after receiving the strategy under section 3, and annually for the following 2 years, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives — (1) an assessment of the effectiveness of such strategy; and (2) any recommendations for improvements to the strategy that the Comptroller General determines to be appropriate.
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https://www.govinfo.gov/content/pkg/BILLS-117s2541is/xml/BILLS-117s2541is.xml
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117-s-2542
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II 117th CONGRESS 1st Session S. 2542 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Sullivan (for himself, Mr. King , Mrs. Feinstein , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require that certain agencies only procure cut flowers and cut greens grown in the United States, and for other purposes.
1. Short title This Act may be cited as the American Grown Act . 2. Limitation on procurement (a) Definitions In this section: (1) Covered agency The term covered agency means— (A) the Executive Office of the President; (B) the Department of Defense; and (C) the Department of State. (2) Covered entity The term covered entity means— (A) a foreign government; and (B) an agent of a foreign principal (as defined section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C 611)). (3) Cut flower The term cut flower means a flower removed from a living plant for decorative use. (4) Cut green The term cut green means a green, foliage, or branch removed from a living plant for decorative use. (5) Qualifying area The term qualifying area means— (A) a State; (B) the District of Columbia; (C) a territory or possession of the United States; or (D) an area subject to the jurisdiction of a federally recognized Indian Tribe. (b) Requirement (1) In general Funds appropriated or otherwise available to a covered agency may only be used for the procurement of a cut flower or cut green if the cut flower or cut green is grown in a qualifying area. (2) Applicability This subsection shall apply to a procurement made or contracted for— (A) in the United States; and (B) on or after the date that is 1 year after the date of enactment of this Act. (c) Gifts for display (1) In general A covered agency may only accept a gift of a cut flower or cut green that is not grown in a qualifying area from a covered entity for the purpose of displaying the cut flower or cut green if— (A) the origin of the cut flower or cut green is clearly displayed at the time of delivery; and (B) at the time of delivery, the covered agency procures an additional cut flower or cut green that is grown in a qualifying area to display during the period of display of the gift. (2) Requirement A covered agency that accepts a gift of a cut flower or cut green from a covered entity under paragraph (1) shall clearly display the origin of the cut flower or cut green during the period of display of the cut flower or cut green.
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https://www.govinfo.gov/content/pkg/BILLS-117s2542is/xml/BILLS-117s2542is.xml
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117-s-2543
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II 117th CONGRESS 1st Session S. 2543 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Hagerty (for himself, Mr. Warner , Ms. Lummis , Mr. Cramer , Mr. Grassley , Mr. Cruz , Mr. Scott of Florida , Mr. Braun , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a study on the national security implications of the People’s Republic of China's efforts to create an official digital currency.
1. Study on the creation of an official digital currency by the People's Republic of China (a) In general Not later than one year after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on the short-, medium-, and long-term national security risks associated with the creation and use of the official digital renminbi of the People's Republic of China, including— (1) risks arising from potential surveillance of transactions; (2) risks related to security and illicit finance; and (3) risks related to economic coercion and social control by the People’s Republic of China. (b) Form of report The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
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https://www.govinfo.gov/content/pkg/BILLS-117s2543is/xml/BILLS-117s2543is.xml
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117-s-2544
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II 117th CONGRESS 1st Session S. 2544 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Smith (for herself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To adjust the applicability of certain amendments to the Truth in Lending Act, and for other purposes.
1. Short title This Act may be cited as the Ryan Frascone Memorial Student Loan Relief Act of 2021 . 2. Applicability of certain amendments to the Truth in Lending Act (a) In general (1) Applicability Section 601(b) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 15 U.S.C. 1650 note) is amended to read as follows: (b) Applicability The amendments made by subsection (a) shall apply to private education loan agreements entered into before, on, or after the date of enactment of this Act. . (2) Effective date The amendment made by paragraph (1) shall take effect as if included in section 601 of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( Public Law 115–174 ). (b) Treasury loan purchase program (1) Definitions In this subsection, the terms cosigner and private education loan have the meanings given those terms, respectively, in section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ). (2) Establishment of purchase program The Secretary of the Treasury shall establish a program under which the Secretary shall purchase and retire outstanding private education loans— (A) where the borrower on such loan is deceased; (B) where there remains a cosigner on the loan; (C) that were entered into before the date that is 180 days after the date of enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( Public Law 115–174 ); and (D) only upon an application from a holder of such loan pursuant to paragraph (3) that demonstrates the holder has suffered financial injury as a result of the amendment made by subsection (a). (3) Application The holder of a loan described under paragraph (2) may apply to the Secretary of the Treasury to have the Secretary purchase and retire such loan by submitting an application in the form and manner that the Secretary may require. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Treasury $5,000,000 to carry out this subsection.
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https://www.govinfo.gov/content/pkg/BILLS-117s2544is/xml/BILLS-117s2544is.xml
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117-s-2545
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II 117th CONGRESS 1st Session S. 2545 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Van Hollen (for himself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a comprehensive United States Government initiative to build the capacity of young leaders and entrepreneurs in Africa, and for other purposes.
1. Short title This Act may be cited as the Young African Leaders Initiative Act of 2021 or the YALI Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) the Young African Leaders Initiative, launched in 2010, is a signature effort to invest in the next generation of African leaders; (2) Africa is a continent of strategic importance and it is vital for the United States to support strong and enduring partnerships with the next generation of African leaders; and (3) the United States Government should prioritize investments to build the capacity of emerging young African leaders in sub-Saharan Africa, including through efforts to enhance leadership skills, encourage entrepreneurship, strengthen public administration and the role of civil society, and connect young African leaders continentally and globally across the private, civic, and public sectors. 3. Young African Leaders Initiative Program (a) In general There is established in the Department of State the Young African Leaders Initiative Program (referred to in this Act as the YALI Program ). (b) Purpose The YALI Program shall seek to build the capacity of young African leaders in sub-Saharan Africa in the areas of business, civic engagement, or public administration, including through efforts— (1) to support young African leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, and public administration; and (2) to provide increased economic and technical assistance to young African leaders to promote economic growth and strengthen ties between United States and African businesses. (c) Fellowships The YALI Program shall award fellowships through the Mandela Washington Fellowship for Young African Leaders Program to young African leaders who— (1) are between 18 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership; and (3) have had a positive impact in their communities, organizations, or institutions. (d) Regional leadership centers The YALI Program shall seek to establish regional leadership centers in sub-Saharan Africa to offer training to young African leaders who— (1) are between 18 and 35 years of age; (2) have demonstrated strong capabilities in entrepreneurship, innovation, public service and leadership; and (3) have had a positive impact in their communities, organizations, or institutions. (e) Activities (1) United States-based activities The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall oversee all United States-based activities carried out under the YALI Program, including the participation of Mandela Washington fellows in— (A) a 6-week leadership institute at a United States university or college in business, civic engagement, or public management, including academic sessions, site visits, professional networking opportunities, leadership training, community service, and organized cultural activities; and (B) an annual Mandela Washington Fellowship Summit to provide such fellows the opportunity to meet with United States leaders from the private, public, and nonprofit sectors. (2) Africa-based activities The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, should continue to support existing Young African Leaders Initiative programs in sub-Saharan Africa, including— (A) access to continued leadership training and other professional development opportunities for Mandela Washington Fellowship for Young African Leaders alumni upon their return to their home countries, including online courses, technical assistance, and access to funding; (B) training for young African leaders at regional leadership centers established in accordance with subsection (d), and through online and in-person courses offered by such centers; and (C) opportunities for networking and engagement with— (i) other alumni of the Mandela Washington Fellowship for Young African Leaders; (ii) alumni of programs at regional leadership centers established in accordance with subsection (d); and (iii) United States and like-minded diplomatic missions, business leaders, and others, as appropriate. (3) Implementation The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall seek to partner with the private sector to pursue public-private partnerships, leverage private sector expertise, expand networking opportunities, and identify funding opportunities and fellowship and employment opportunities for participants in the YALI Program. (f) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit a plan to the appropriate congressional committees for implementing the YALI Program, which plan shall include— (1) a description of clearly defined program goals, targets, and planned outcomes for each year and for the duration of implementation of the YALI Program; (2) a strategy to monitor and evaluate the YALI Program and progress made toward achieving such goals, targets, and planned outcomes; and (3) a strategy to ensure that the YALI Program is promoting United States foreign policy goals in Africa, including ensuring that the YALI Program is clearly branded and paired with robust public diplomacy efforts. (g) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees and publish in a publicly accessible, internet-based form, a report that contains— (1) a description of the progress made toward achieving the goals, targets, and planned outcomes described in subsection (f)(1), including an overview of the implementation of the YALI Program during the previous year and an estimated number of YALI Program beneficiaries during such year; (2) an assessment of how the YALI Program is contributing to and promoting United States-Africa relations, particularly in areas of increased private sector investment, trade promotion, support to civil society, improved public administration, and fostering entrepreneurship and youth empowerment; and (3) recommendations for improvements or changes to the YALI Program and implementation plan, if any, that would improve its effectiveness during subsequent years of implementation of the YALI Program. (h) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . (i) Sunset The YALI Program shall terminate on 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-117s2545is/xml/BILLS-117s2545is.xml
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117-s-2546
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II 117th CONGRESS 1st Session S. 2546 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Merkley (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Commissioner of Food and Drugs to develop standards for Reef Safe and Ocean Safe labels for sunscreen.
1. Short title This Act may be cited as the Reef Safe Act of 2021 . 2. Labeling criteria for reef safe and ocean safe sunscreen (a) In general As soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop labeling criteria for Reef Safe and Ocean Safe designations for nonprescription sunscreen, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration. (b) Reef safe label (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop standards for use of the term Reef Safe on the labeling of nonprescription sunscreen, which shall conform with the requirements of section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ). (2) Criteria and consultation In developing the standards described in paragraph (1), the Secretary shall— (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of coral reef ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report titled Environmental Impact of Currently Marketed Sunscreens and Potential Human Impacts of Changes in Sunscreen Usage . (c) Ocean safe label (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall develop standards for use of the term Ocean Safe on the labeling of nonprescription sunscreen, which shall conform with the requirements of section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ). (2) Criteria and consultation In developing the standards described in paragraph (1), the Secretary shall— (A) consider the impacts of active sunscreen ingredients on the mortality of, and developmental or reproductive disruptions to, ecologically- or economically-valuable marine species, including fish, fish larvae, sea urchins, coral, crustaceans, sea grasses, and macroalgae, and ecologically- or economically-valuable marine and coastal ecosystems including estuaries, wetlands, tidal marshes, mangroves, kelp forests, seagrass meadows, lagoons, salt marshes, and intertidal zones; (B) consult with appropriate heads of Federal agencies, including the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, with respect to studies on the impacts of active sunscreen ingredients on living components of marine and coastal ecosystems; and (C) consider the findings of the National Academies of Sciences, Engineering, and Medicine report, titled Environmental Impacts of Currently Marketed Sunscreens and Potential Human Impact of Changes in Sunscreen Usage . (d) Review and revision Not less frequently than once every 10 years, the Secretary, acting through the Commissioner and in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, and taking into consideration scientific studies of the Food and Drug Administration, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration, shall— (1) review the labeling standards in effect under subsections (b)(1) and (c)(1); (2) if appropriate, revise the criteria under subsections (b)(2) and (c)(2); and (3) in accordance with such criteria, as revised under paragraph (2) as applicable, update the labeling standards under subsections (b)(1) and (c)(1). (e) Non-Preemption Nothing in this section shall be construed to prevent a State from establishing, enforcing, or maintaining a requirement with respect to labeling criteria for a Reef Safe or Ocean Safe designation for nonprescription sunscreen, provided that any such State law is at least as restrictive as the requirements established under this section. (f) Rule of construction Nothing in this Act shall be construed as prohibiting or limiting the sale of any sunscreen product. (g) Definitions In this section— (1) the terms active sunscreen ingredient , nonprescription , and sunscreen have the meanings given such terms in section 586 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360fff ); (2) the terms coral and coral reef ecosystem have the meanings given such terms in section 210 of the Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6409 ); (3) the term Commissioner means the Commissioner of Food and Drugs; and (4) the term Secretary , unless specified otherwise, means the Secretary of Health and Human Services.
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https://www.govinfo.gov/content/pkg/BILLS-117s2546is/xml/BILLS-117s2546is.xml
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117-s-2547
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II 117th CONGRESS 1st Session S. 2547 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Wyden (for himself, Mr. Tillis , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve the procedures for the authentication and the secure and tamper-evident delivery and transmission of certain court orders.
1. Short title This Act may be cited as the Digital Authenticity for Court Orders Act of 2021 . 2. Findings Congress finds the following: (1) In recent years, criminals have created counterfeit court orders which they have used to trick telecommunications and technology companies into performing illegal wiretaps and removing online content. (2) Counterfeit court orders threaten public trust in the courts, and undermine the privacy of the people of the United States and their rights under the First Amendment to the Constitution of the United States. (3) Secure digital signature technology has existed for decades that solves this problem. Digital signatures enable recipients of a digital document to verify that it was issued by an authorized entity and that it has not been tampered with or modified since it was digitally signed. (4) Since 1994, the National Institute of Standards and Technology has published Federal Information Processing Standard 186–4, which is the official standard for digital signatures for the Federal Government. (5) Since 1998, the Government Paperwork Elimination Act (title XVII of division C of Public Law 105–277 ; 112 Stat. 2681–749) and the amendments made by that Act have required Federal executive branch agencies use digital signatures to conduct official business with the public. (6) Section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by section 1716 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, requires that subpoenas issued by the Cybersecurity and Infrastructure Security Agency be authenticated with a cryptographic digital signature and that subpoenas lacking such a digital signature shall not be considered to be valid by the recipient of such subpoena . (7) The legislative branch has also embraced digital signatures. Every bill posted to congress.gov is digitally signed by the Government Publishing Office. (8) Federal, State, and Tribal courts have not kept pace with the adoption of digital signature technology by other branches of government. (9) Illegal wiretaps by their nature involve the interception of private communications that flow over means or instrumentalities of interstate or foreign commerce. (10) Content and data delivered over the internet is a thing in interstate or foreign commerce. To the extent that a counterfeit court order would result in that content being removed from the internet, that counterfeit order affects things in interstate and foreign commerce. Congress may therefore take steps to ensure the authenticity of orders purporting to require the removal of online content in interstate or foreign commerce. (11) Consumers will not continue to do business with telecommunications and technology companies if those companies facilitate surveillance of their private communications or remove their content in response to fraudulent court orders. (12) The absence of digital signatures from court orders places an unreasonable economic burden on telecommunications and technology companies. These companies must either expend significant effort and resources to manually verify the legitimacy of each court order they receive or bear the risk of significant reputational and financial harm. (13) The absence of verifiable digital signatures on court orders therefore creates an unreasonable burden on interstate or foreign commerce of the United States, which Congress has the power to remedy. (14) The adoption of digital signature technology by Federal courts alone will not address the threat of counterfeiting. Criminals have created and passed off counterfeit State court orders and will continue to do so. (15) As such, the legitimacy of and public trust in the courts depends upon every court, Federal, State, and Tribal, adopting digital signature technology. 3. Definitions In this Act— (1) 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) the term authorized court officer or employee means an officer or employee of a Federal, State, or Tribal court that is authorized by the Federal, State, or Tribal court to digitally sign covered orders; (3) the term contains an authentic digital signature , with respect to a covered order, means that the covered order contains a digital signature— (A) by an authorized court officer or employee of the Federal, State, or Tribal court issuing the covered order; (B) that— (i) complies with the standards certified and promulgated by the Director of the Administrative Office of the United States Courts under section 4(a)(1)(A)(ii); or (ii) if the Director of the Administrative Office of the United States Courts promulgates updated standards under section 4(a)(1)(B)(ii), on and after the date that is 1 year after the date on which the Director of the Administrative Office of the United States Courts promulgates a set of updated standards, complies with such set of updated standards; and (C) that confirms that the covered order is authentic; (4) the term covered order means an order— (A) directed to a person other than a party to the proceedings in which the order is entered; and (B) that is— (i) an order authorizing or approving the interception of a wire communication, oral communication, or electronic communication under chapter 119 of title 18, United States Code, or under an equivalent State law; (ii) an order authorizing or approving the installation and use of a pen register or a trap and trace device under chapter 206 of title 18, United States Code, or under an equivalent State law; (iii) an order for the installation of a mobile tracking device under section 3117 of title 18, United States Code; (iv) an order for disclosure under chapter 121 of title 18, United States Code; (v) a search or seizure warrant issued using the procedures described in the Federal Rules of Criminal Procedure or in the case of a State or Tribal court, issued using State or Tribal warrant procedures; (vi) in the case of a court-martial or other proceeding under chapter 47 of title 10, United States Code (Uniform Code of Military Justice), a warrant or order issued under section 846 of that title; (vii) an order under section 1651 of title 28, United States Code; (viii) an order for third party assistance under section 2518(4) or section 3124 of title 18, United States Code; (ix) an order to enforce the assistance capability and capacity requirements under section 2522 of title 18, United States Code; (x) an order under section 2705(b) of title 18, United States Code, prohibiting notifying other persons; (xi) an order authorizing electronic surveillance issued under section 105 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805 ); (xii) an order authorizing a physical search issued under section 304 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1824 ); (xiii) an order requiring the production of tangible things issued under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ); (xiv) an order authorizing an acquisition or targeting that is issued under title VII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 et seq. ); (xv) an order issued under section 512(j) of title 17, United States Code; (xvi) an order requiring the removal or blocking of content published on the internet; (xvii) an order that permanently or temporarily seizes a domain name, including by requiring the change of the registrar of record for the domain name or preventing the domain name from resolving to a particular internet protocol address; or (xviii) any other type of order for which the Judicial Conference of the United States determines that the use of digital signatures would result in increased trust in the courts and reduce the risk and impact of fraudulent efforts to impersonate court orders; (5) the term digital signature has the meaning given the term in section 850.103 of title 5, Code of Federal Regulations, or any successor thereto; (6) the term digital signature technology means cryptographic technology that allows a recipient of a covered court order to determine that the covered order— (A) was issued by a Federal, State, or Tribal court; and (B) has not been tampered with or modified since it was issued by the court; (7) the term Indian Tribe has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ); (8) the term provider means an electronic communication service provider, as defined in section 701(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881(b) ); (9) the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and (10) the term Tribal means of or pertaining to an Indian Tribe. 4. Ensuring authenticity and integrity of court orders affecting interstate commerce (a) Standardized technology for digital signatures (1) Initial standards (A) In general Not later than 2 years after the date of enactment of this Act, and in accordance with paragraph (2)— (i) the Director of the National Institute of Standards and Technology shall develop proposed standards for the use of digital signature technology for covered orders, which shall— (I) be based on open standards; and (II) facilitate audits to enable courts to identify whether cryptographic keys, or an equally secure successor technology, used to digitally authenticate covered orders have been lost, stolen, or misused; and (ii) on the basis of the proposed standards developed under clause (i), the Director of the Administrative Office of the United States Courts shall certify and promulgate standards for the use of digital signature technology for covered orders. (B) Updating In accordance with paragraph (2)— (i) not later than 5 years after developing proposed standards for the use of digital signature technology for covered orders under subparagraph (A)(i), and every 5 years thereafter, the Director of the National Institute of Standards and Technology shall update such standards; and (ii) not later than 6 months after receiving standards updated under clause (i), and on the basis of such standards, the Director of the Administrative Office of the United States Courts shall certify and promulgate updated standards for the use of digital signature technology for covered orders. (2) Consultation In developing or updating proposed standards and certifying and promulgating standards under paragraph (1), the Director of the National Institute of Standards and Technology and the Director of the Administrative Office of the United States Courts shall each consult with— (A) the Attorney General; (B) the Director of the Cybersecurity and Infrastructure Security Agency; (C) the Administrator of General Services; (D) the Director of the Government Publishing Office; (E) the National Center for State Courts; (F) the National American Indian Court Judges Association; (G) independent experts in cybersecurity; (H) providers; (I) private entities offering electronic case management software; and (J) the Archivist of the United States. (3) Implementation assistance (A) Digital signature service (i) In general Notwithstanding any limitations on the authority of the General Services Administration to provide services to State or Tribal entities, the Administrator of General Services shall offer a managed digital signature service to each Federal, State, or Tribal court that will allow the court to digitally sign covered orders without the court having to hold and secure the long-term cryptographic keys used to digitally authenticate the covered orders, or an equally secure successor technology. (ii) Consultation The digital signature service offered under clause (i) shall be developed and implemented in consultation with the Administrative Office of United States Courts, the National Center for State Courts, the National American Indian Court Judges Association, the Government Publishing Office, and the Director of the Cybersecurity and Infrastructure Security Agency. (iii) Requirements The digital signature service offered under clause (i) shall be designed to— (I) permit an authorized court officer or employee of a Federal, State, or Tribal court to digitally sign covered orders from a court office and while teleworking; and (II) be continuously available for use. (B) Use If a Federal, State, or Tribal court elects to use the managed digital signature service offered under subparagraph (A), the General Services Administration shall provide an online service, available both through a publicly-documented and publicly-available application programming interface and through secure and public websites, that enable authorized court officers and employees to digitally sign a covered order and recipients of a covered order and other third parties to verify that the covered order has a valid digital signature at no cost to the recipient or third party. (C) No cost to courts The Administrator of General Services shall provide the managed digital signature service to Federal, State, and Tribal courts under this paragraph at no cost to the court. (D) Reimbursement The Attorney General shall reimburse the Administrator of General Services for the costs of building, operating, and maintaining the managed digital signature service for Federal, State, and Tribal courts. (b) Digital signature requirements for Federal court orders (1) In general (A) Piloting the use of digital signatures Beginning not later than 2 years after the date on which the standards are certified and promulgated by the Director of the Administrative Office of the United States Courts under subsection (a)(1)(A)(ii), not less than 1 district court of the United States in each Federal judicial circuit shall use digital signature technology that complies with the standards to authenticate all covered orders issued by that court. (B) Required use of digital signature technology (i) In general Beginning not later than 4 years after the date on which the standards are certified and promulgated by the Director of the Administrative Office of the United States Courts under subsection (a)(1)(A)(ii), each Federal court shall use digital signature technology that complies with the standards to authenticate all covered orders issued by the court. (ii) Updates Not later than 1 year after the date on which updated standards are certified and promulgated by the Director of the Administrative Office of the United States Courts under subsection (a)(1)(B)(ii), each Federal court system shall update the digital signature technology used by the court to comply with the updated standards. (C) Plan for loss or theft Each Federal court using digital signature technology shall develop, and update not less frequently than every 2 years, a written plan to respond to the loss or theft of the encryption keys, access credentials, or any successor technology used to digitally sign covered orders. (2) Mandatory use of digital signatures Except as provided in subsections (d) and (i), on and after the date that is 6 years after the date on which standards are certified and promulgated by the Director of the Administrative Office of the United States Courts under subsection (a)(1)(A)(ii), a Federal court may not issue a covered order unless the covered order contains an authentic digital signature. (c) Digital signature requirements for State and Tribal court orders (1) Full faith and credit requirements Section 1738 of title 28, United States Code, is amended— (A) by inserting (a) before The Acts ; (B) by inserting (b) before The records ; (C) by striking Such Acts, and inserting (c)(1) Except as provided in paragraph (2), such Acts, ; and (D) in subsection (c), as so designated, by adding at the end the following: (2) (A) In this paragraph, the terms contains an authentic digital signature , covered order , digital signature , State , and Tribal have the meanings given such terms in section 3 of the Digital Authenticity for Court Orders Act of 2021 . (B) A document purporting to be a covered order issued by a State or Tribal court shall be entitled to full faith and credit only if— (i) (I) the document contains an authentic digital signature; (II) the document was served with a certificate of authenticity in accordance with section 4(d)(1) of the Digital Authenticity for Court Orders Act of 2021 ; or (III) the document was issued pursuant to a waiver under section 4(d)(2) of the Digital Authenticity for Court Orders Act of 2021 ; and (ii) the State or Tribal court includes with the document a statement certifying that the court has (and has updated on or after the date that is 2 years before the date on which the covered order is issued) a written plan to respond to the loss or theft of the encryption keys, access credentials, or any successor technology used to digitally sign covered orders. . (2) Wiretapping Section 2516(2) of title 18, United States Code, is amended by striking The principal prosecuting attorney of any State and inserting If a State requires that an order described in this subsection issued by the State court contains an authentic digital signature (as defined in section 3 of the Digital Authenticity for Court Orders Act of 2021 ), the principal prosecuting attorney of that State . (3) Stored communications requirements Chapter 121 of title 18, United States Code, is amended— (A) in section 2703, by inserting and containing an authentic digital signature (as defined in section 3 of the Digital Authenticity for Court Orders Act of 2021 ) after warrant procedures each place it appears; and (B) in section 2711(3)(B), by inserting , if the court requires that each covered order issued by the court contains an authentic digital signature (as such terms are defined in section 3 of the Digital Authenticity for Court Orders Act of 2021 ) after search warrants . (4) Pen registers and trap and trace devices Section 3122(a)(2) of title 18, United States Code, is amended by inserting and if the State requires that such an order issued by the State court contains an authentic digital signature (as defined in section 3 of the Digital Authenticity for Court Orders Act of 2021 ), after prohibited by State law, . (5) Effective date Except as provided in subsection (i), the amendments made by paragraphs (1) through (4) shall take effect on the date that is 6 years after the date on which the Director of the Administrative Office of the United States Courts certifies and promulgates standards for the use of digital signature technology for covered orders under subsection (a)(1)(A)(ii). (d) Failure of digital signature technology (1) Individual courts If the digital signature technology of a Federal, State, or Tribal court is not operational, upon request by an officer or employee of the Federal, State, or Tribal court who is authorized to digitally sign covered orders, and if the Attorney General determines that a covered court order is authentic, the Attorney General may serve on the provider by personal service the covered court order and a certification stating that the covered court order is authentic. (2) Widespread outage (A) In general If the digital signature technology of not less than 5 Federal, State, or Tribal courts is not operational, the Chief Justice of the United States may issue a waiver for a period of not more than 30 days that waives the application of each of the following: (i) The requirements under subsection (b)(2) with respect to Federal courts. (ii) The limits on full faith and credit for covered orders issued by State and Tribal courts under paragraph (2) of section 1738(c) of title 28, United States Code, as added by subsection (c) of this section. (B) Renewals A waiver described in subparagraph (A) may be renewed for additional periods of not more than 30 days. (C) Notice The Chief Justice of the United States shall submit to the appropriate committees of Congress and make publicly available on the website of the Supreme Court of the United States notice of each waiver and renewal of a waiver under this paragraph. (3) Subsequent service of digitally signed order by Federal courts If a covered order of a Federal, State, or Tribal court is served on a provider under paragraph (1) or pursuant to a waiver under paragraph (2), after the digital signature technology of the Federal, State, or Tribal court is operational, the party who obtained the initial order shall obtain and serve on the provider an identical covered order that meets the requirements under subsection (b)(2) or paragraph (2) of section 1738(c) of title 28, United States Code, as applicable. (4) Information regarding failure of digital signature technology (A) Public list of nonoperational systems The Attorney General shall make publicly available on the website of the Department of Justice a list of each Federal, State, or Tribal court for which the digital signature technology is not operational, which shall include— (i) the period during which the Attorney General approved 1 or more covered court orders of the Federal, State, or Tribal court under paragraph (1); and (ii) information indicating the measures a provider can take to verify that a covered court order and certification served under paragraph (1) are authentic. (B) Notice to Congress If the digital signature technology of a Federal, State, or Tribal court is not operational for a period of not less than 10 days, the Attorney General shall notify the appropriate committees of Congress. (e) Limit on immunity provisions (1) In general Except as provided in subsection (i), on and after the date that is 6 years after the date on which the standards are certified and promulgated by the Director of the Administrative Office of the United States Courts under subsection (a)(1)(A)(ii), the provisions of law described in paragraph (2) of this subsection shall only apply with respect to the provision of documents, data, or other information by a provider that removes content or makes available documents, data, or other information in response to a document purporting to be a covered order issued by a Federal, State, or Tribal court if— (A) the document contains an authentic digital signature; (B) (i) the document was served with a certificate of authenticity in accordance with subsection (d)(1); and (ii) the provider— (I) verified that the court that issued the order is listed on the website of the Department of Justice as having nonoperational digital signature technology; and (II) takes the measures listed by the Attorney General to verify that a covered court order and certification served under subsection (d)(1) are authentic; or (C) the document was issued pursuant to a waiver under subsection (d)(2). (2) Provisions of law The provisions of law described in this paragraph are the following: (A) Section 512 of title 17, United States Code. (B) Section 2520(d)(1) of title 18, United States Code. (C) Section 2707(e) of title 18, United States Code. (D) Section 105(i) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805(i) ). (E) Section 402(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842(f) ). (F) Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(i)(3) ). (G) Section 703(e) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881b(e) ). (H) Title VIII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1885 et seq. ). (f) Grants The Administrative Office of United States Courts may make grants to State and Tribal courts for the cost of implementing digital signature technology, including to develop and implement training and educational resources, in accordance with this Act. (g) Immunity (1) In general Except as provided in subsection (i), on and after the date that is 6 years after the date on which the Director of the Administrative Office of the United States Courts certifies and promulgates standards for the use of digital signature technology for covered orders under subsection (a)(1)(A)(ii), a person may not be held liable in any Federal, State, or Tribal administrative, civil, or criminal proceeding, including for contempt of court, for failing to comply with a covered order issued by a Federal, State, or Tribal court, respectively, if the covered order does not meet one of the following requirements: (A) The covered order contains an authentic digital signature. (B) The covered order was served with a certificate of authenticity in accordance with subsection (d)(1). (C) The covered order was issued pursuant to a waiver under subsection (d)(2). (2) Costs In any action brought to enforce compliance with a covered order that, except as provided in subsection (i), was issued on or after the date that is 6 years after the date on which the Director of the Administrative Office of the United States Courts certifies and promulgates standards for the use of digital signature technology for covered orders under subsection (a)(1)(A)(ii), if the court finds that the covered order does not meet the requirements described in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, the court shall award to the person against whom the action was brought costs of litigation (including reasonable attorney fees). (h) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act, including for the Administrative Office of United States Courts to make grants under subsection (f) and to upgrade the Case Management/Electronic Case Files System of the Federal Courts. (i) Delay of effective date The Judicial Conference of the United States may delay the effective dates under subsection (b)(2), subsection (c)(3), subsection (e)(1) and subsection (g) to be the date that is 8 years after the date on which the Director of the Administrative Office of the United States Courts certifies and promulgates standards for the use of digital signature technology for covered orders under subsection (a)(1)(A)(ii). 5. Preemption This Act and the amendments made by this Act shall preempt any State or Tribal law to the extent that such State law is inconsistent with a provision of this Act or an amendment made by this Act. 6. Severability If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this Act, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby.
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https://www.govinfo.gov/content/pkg/BILLS-117s2547is/xml/BILLS-117s2547is.xml
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117-s-2548
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II 117th CONGRESS 1st Session S. 2548 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Braun (for himself, Ms. Lummis , Mr. Scott of Florida , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To provide for fiscal gap and generational accounting analysis in the legislative process, the President’s budget, and annual long-term fiscal outlook reports.
1. Short title This Act may be cited as the Intergenerational Financial Obligations Reform Act . 2. The congressional budget office report Section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 ) is amended— (1) in subsection (e), by adding at the end the following: (4) For any legislation or resolution considered in the Senate or the House of Representatives that would impact revenues or mandatory spending by greater than 0.5 percent of the gross domestic product over the following 10-fiscal-year period and upon request relating to any other legislation or resolution by the Chairman or Ranking Member of the Committee on the Budget of the House of Representatives or of the Committee on the Budget of the Senate, the Congressional Budget Office shall provide with respect to such legislation or resolution a report that includes— (A) a fiscal gap report and a generational account report, including changes in the fiscal gap and generational accounts relative to the baseline estimates for purposes of each such report; (B) Federal deficits as of the end of the fiscal year that is 75 years after the budget year with respect to the legislation, under a baseline estimate and an alternative scenario estimate; and (C) outstanding Treasury liabilities as of the end of the fiscal year that is 75 years after the budget year with respect to the legislation, under a baseline estimate and an alternative scenario estimate. ; and (2) by adding at the end the following: (h) Definitions In this section: (1) Alternative scenario estimate The term alternative scenario estimate means an estimate assuming laws, as in effect during the budget year, continue to be in effect for each subsequent fiscal year. (2) Baseline estimate The term baseline estimate means an estimate based on laws enacted through the date of the estimate. (3) Budget year The term budget year has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ). (4) Direct spending The term direct spending has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ). (5) Explicit debt The term explicit debt means the total amount of Treasury liabilities outstanding on the last day of the budget year. (6) Fiscal gap The term fiscal gap means the sum of the explicit debt and the implicit debt. (7) Fiscal gap policy option (A) In general The term fiscal gap policy option means the permanent across-the-board change in particular (combinations of) Federal revenues or the permanent across-the-board change in particular (combinations of) Federal expenditures required to make the fiscal gap equal to zero. (B) Timing The change in revenues or expenditures for purposes of subparagraph (A)— (i) may be calculated under alternative timings of when the policy change begins; and (ii) shall, at a minimum, include policy change options starting 1, 5, 10, 15, and 25 fiscal years after the budget year. (C) Policy options The potential combinations of changes in Federal revenues and Federal expenditures that are a part of a fiscal gap policy option may include— (i) income taxes imposed under chapter 1 of the Internal Revenue Code of 1986; (ii) taxes described in clause (i), taxes on self-employment income under chapter 2 of the Internal Revenue Code of 1986, employment taxes imposed under chapters 21 and 22 of such Code, and offsetting receipts; (iii) taxes and receipts described in clause (ii), excise taxes imposed under subtitles D and E of the Internal Revenue Code of 1986, estate and gift taxes imposed under subtitle B of such Code, customs duties, and other receipts; (iv) discretionary appropriations (with no changes to offsetting receipts); (v) direct spending and expenditures under the Federal old-age, survivors, and disability insurance benefits program under title II of the Social Security Act, the Medicare program under parts A and B of title XVIII of the Social Security Act, and Medicare Prescription Drug Coverage under part D of title XVIII of the Social Security Act; (vi) direct spending and expenditures described in clause (v) and all other direct spending including the supplemental nutrition assistance program, supplemental security income benefits, child, earned income, and other tax credits, child nutrition programs, the temporary assistance for needy families program, housing assistance programs, and civilian and military retirement programs; and (vii) discretionary appropriations and direct spending, except interest payments on outstanding Treasury liabilities. (D) Dynamic effects Calculations of fiscal gap policy options shall incorporate dynamic effects from induced changes in labor supply, national saving, and capital formation, as relevant to each particular policy option among those described in subparagraphs (C). (8) Fiscal gap report (A) In general The term fiscal gap report means a report that, in accordance with this paragraph— (i) specifies the amount of explicit debt, the implicit debt, and the fiscal gap; (ii) provides fiscal gap policy options; and (iii) incorporates a fiscal gap sensitivity analysis. (B) Separate reporting for trust funds (i) In general A fiscal gap report shall address each item specified in clauses (i), (ii), and (iii) of subparagraph (A) separately for each social insurance program. (ii) Fiscal gap policy options The fiscal gap policy options provided for each Federal social insurance program shall be limited to changes in receipts and expenditures from the applicable trust fund. (iii) Calculation (I) In general For purposes of calculations relating to the fiscal gap in connection with a social insurance program, the calculations shall be determined as the sum of— (aa) the projected budget-year-end value of Treasury securities and other assets held in the applicable trust fund; and (bb) the present discounted value of annual expenditures from the applicable trust fund over future fiscal years minus the present discounted value of receipts paid into the applicable trust fund excluding transfers from other Federal funds over future fiscal years. (II) Expenditures and receipts For purposes of subclause (I), expenditures and receipts shall include expenditures and receipts projected through the future fiscal year described in paragraph (15)(B). (iv) Limiting For each social insurance program, a fiscal gap report shall separately address each item specified in clauses (i), (ii), and (iii) of subparagraph (A) as specified and after limiting the calculation under clause (iii)(I)(bb) to the closed group of past and current adult program participants (as described in paragraph 11(B)(i)), both taxpayers and beneficiaries. (C) Scenarios A fiscal gap report shall address each item specified in clauses (i), (ii), and (iii) of subparagraph (A) under— (i) a baseline estimate; and (ii) an alternative scenario estimate. (D) Amounts A fiscal gap report shall provide information with respect to each item specified in clauses (i), (ii), and (iii) of subparagraph (A)— (i) in present-discounted dollars; (ii) as percentages of present-discounted value of future gross domestic product projected through the future fiscal year described in paragraph (15)(B); and (iii) as a percentage of the amount of taxes projected to be collected under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986 through the future fiscal year described in paragraph (15)(B). (9) Fiscal gap sensitivity analysis (A) In general The term fiscal gap sensitivity analysis means estimates of changes to the fiscal gap amounts specified in paragraph (8)(D) calculated under alternative economic and demographic assumptions for a given scenario described in paragraph (8)(C). (B) Required alternatives The alternative economic assumptions for any fiscal gap sensitivity analysis shall include the following: (i) Projected annual rate of population growth that is 25 basis points larger and 25 basis points smaller than the baseline population growth-rate projection specified under paragraph (15)(C). In making the estimates, the applicable agency may use reasonable alternative symmetric basis point variations around baseline population-growth projections consistent with uncertainty associated with underlying growth components of fertility, mortality, and immigration rates. (ii) Projected annual rates of labor productivity growth that is 50 basis points larger and 50 basis points smaller than the baseline labor productivity growth-rate projection specified under paragraph (15)(C). In making the estimates, the applicable agency may use reasonable alternative, symmetric basis-point variations around baseline labor-productivity growth rates consistent with uncertainty associated with underlying components of inflation rates, technological change, capital intensity, and labor efficiency. (iii) Projected discount rates that are 75 basis points larger and 75 basis points smaller than the baseline long-term discount rate projection specified under paragraph (15)(D). In making the estimates, the applicable agency may use reasonable alternative, symmetric basis-point variations as appropriate around baseline interest rate projections consistent with uncertainty associated with long-term government borrowing rates. All interest rate variations reported shall be consistent with maintaining a net positive average long-term interest rate after subtracting the long-term average labor productivity growth rate of the economy of the United States. (10) Generation The term generation means a 1-year birth cohort of individuals of a given gender born during a given fiscal year. (11) Generational account (A) In general The term generational account means the actuarially present-valued amount per capita for a given generation of annual net Federal tax burdens during that generation’s remaining lifetime under a particular Federal fiscal policy. (B) Ages A report regarding generational accounts shall include generational accounts for— (i) selected individual generations born not less than 18 years before the report; and (ii) selected individual generations born or who will be born after the date that is 18 years before the report, including those born after the budget year. (C) Calculation Generational accounts of children and future generations described in subparagraph (B)(ii) shall be calculated such that— (i) their total over all members equals the sum of— (I) Treasury liabilities projected to be outstanding at the end of the budget year; and (II) the present value of projected discretionary (non-transfer) Federal spending minus the sum of the generational accounts of adult generations described in subparagraph (B)(i); (ii) the ratio of the generational account of males of each generation among children and future generations described in subparagraph (B)(ii) to the generational account of females born in the same year is set equal to the ratio of the generational accounts of males and females born 18 years before the calculation; and (iii) the generational accounts of members of children and future generations described in subparagraph (B)(ii) increases with the year of their births at the projected growth rate of labor productivity. (12) Generational account policy effects (A) In general The term generational account policy effects means the changes to the generational accounts of adults described in paragraph (11)(B)(i) and children and future generations described in paragraph (10)(B)(ii) and to the generational net-tax-burden gap from changes to particular (combinations of) Federal taxes and to particular (combinations of) Federal expenditures. (B) Dynamic effects Calculations of generational accounts policy options shall incorporate dynamic effects from induced changes in employment, national saving, and capital formation, as relevant to each particular policy option described in paragraph (7)(C). (13) Generational account report (A) In general The term generational account report means a report that, in accordance with this paragraph, includes generational accounts and a discussion of generational account policy effects. (B) Scenarios A generational account report shall address generational accounts, including net Federal tax burdens, under— (i) a baseline estimate; and (ii) an alternative scenario estimate. (14) Generational net-tax-burden gap The term generational net-tax-burden gap means the ratios of the generational account of males and females born 17 years before the budget year to the generational accounts of males and females, respectively, born 18 years before the budget year minus 1 times 100. (15) Implicit debt (A) In general The term implicit debt means the difference between— (i) the discounted present value of projected annual Federal spending during the period of the budget year and not less than the ensuing 75 fiscal years, excluding spending for net interest and principal payments on Treasury liabilities; and (ii) the discounted present value of Federal tax and non-tax receipts during the period of the budget year and not less than the ensuing 75 fiscal years. (B) Projection period Annual Federal noninterest spending and receipts used to calculate implicit debt shall be projected through a future fiscal year, at least 75 years beyond the budget year, and such that the accrual to the fiscal gap by extending the calculation by 1 additional fiscal year is within 0.1 percent of the fiscal gap without extending the calculation by 1 fiscal year. (C) Federal budget projections The growth of Federal noninterest spending and receipts over future fiscal years shall be consistent with the baseline projections of population growth, general price inflation (Personal Consumption Expenditures index), and labor-productivity-growth factors including technological change, capital intensity, and labor efficiency, as determined by the applicable agency. (D) Discount rates For purposes of calculating the implicit debt, the discount rates shall be the interest rate projections of the Congressional Budget Office over the projection horizon on Treasury bonds with prospective maturity of at least 20 years and longer. (16) Net Federal tax burden The term net Federal tax burden means the difference between Federal taxes paid and transfer payments received. (17) Social insurance program The term social insurance program — (A) means a social insurance program that is funded out of a Federal trust fund; and (B) includes the Federal old-age, survivors, and disability insurance benefits program under title II of the Social Security Act, the Medicare program under parts A and B of title XVIII of the Social Security Act, and the Medicare Prescription Drug Coverage under part D of title XVIII of the Social Security Act. (18) Treasury liabilities The term Treasury liabilities means the face amount of obligations issued under chapter 31 of title 31, United States Code, and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury)—as in section 3101(b) of title 31. . 3. CBO annual report (a) Requirement (1) In general The Congressional Budget Office shall produce a fiscal gap and generational accounting analysis, which shall be reported as a separate section within its annual Long-Term Budget Outlook . (2) Definitions In this subsection, the terms fiscal gap and generational account have the meanings given such terms in subsection (h) of section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 ), as added by section 2. (b) Public report The Director of the Congressional Budget Office shall post the report described in subsection (a) on the Congressional Budget Office public website. 4. GAO annual report (a) Requirement (1) In general The Comptroller General shall produce annually a report on fiscal gap and generational accounting analysis consistent with the assumptions of the Government Accountability Office with respect to baseline projections of population growth, general price inflation (Personal Consumption Expenditures index), and labor-productivity-growth factors including technological change, capital intensity, and labor efficiency. (2) Definitions In this subsection, the terms fiscal gap and generational account have the meanings given such terms in subsection (h) of section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 ), as added by section 2. (b) Public report The Comptroller General shall post the report described in subsection (a) on the General Accountability Office public website. 5. The President’s budget Section 1105 of title 31, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (40) an analysis including— (A) a fiscal gap report and a generational account report, including changes in the fiscal gap and generational accounts relative to the baseline estimates for purposes of each report; (B) Federal deficits as of the end of the fiscal year that is 75 years after the budget year, under a baseline estimate and an alternative scenario estimate; and (C) outstanding Treasury liabilities as of the end of the fiscal year that is 75 years after the budget year, under a baseline estimate and an alternative scenario estimate. ; and (2) by adding at the end the following: (i) (1) For purposes of subsection (a)(40), the terms alternative scenario estimate , baseline estimate , fiscal gap , fiscal gap report , generational account , generational account report , and Treasury liabilities have the meanings given such terms in section 202(h) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(h) ). (2) For purposes of subsection (a)(40), the terms defined in paragraph (1) shall be calculated using the assumptions of the President of baseline projections of population growth, general price inflation (Personal Consumption Expenditures index), and labor-productivity-growth factors including technological change, capital intensity, and labor efficiency. .
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117-s-2549
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II 117th CONGRESS 1st Session S. 2549 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Smith (for herself, Mr. Brown , Mr. Van Hollen , Ms. Warren , Mr. Menendez , Mr. Sanders , Mr. Casey , Ms. Klobuchar , Mr. Wyden , Mr. Blumenthal , Mr. Heinrich , Mr. Murphy , Mr. Padilla , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize a grant program for educational institutions to analyze, digitize, and map historic records relating to housing discrimination, and for other purposes.
1. Short title This Act may be cited as the Mapping Housing Discrimination Act . 2. Purpose The purpose of this Act is to support— (1) efforts by educational institutions to conduct primary analysis and digitization of historic housing discrimination patterns between 1850 and 1988; (2) efforts by local governments to digitize property deeds and other historic records relating to housing discrimination; and (3) the creation of a national, publicly available database of local records of housing discrimination patterns between 1850 and 1988. 3. Grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity — (A) means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); and (B) includes a minority-serving institution. (2) Historic housing discrimination record The term historic housing discrimination record means— (A) a deed or other historic property record originating between 1850 and 1988 in which there is evidence of housing discrimination, which may include— (i) a racial covenant or other provision in a property deed that was legally enforceable on the date on which the racial covenant or other provision was written; or (ii) racially restrictive language in any agreement entered into by the developer of a subdivision, a neighborhood association, a real estate operator, or a group of property owners; or (B) a State law, a local ordinance, or a document that presents evidence of a State law or local ordinance, that— (i) originated between 1850 and 1988; and (ii) permitted housing discrimination. (3) Jurisdiction The term jurisdiction means— (A) a political subdivision of a State; or (B) the District of Columbia. (4) Mapping project The term mapping project means a project performed with a grant awarded under subsection (b)(1). (5) Minority-serving institution The term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (6) Office The term Office , except as otherwise specified, means the Office of Policy Development and Research of the Department of Housing and Urban Development. (7) Office of Fair Housing and Equal Opportunity The term Office of Fair Housing and Equal Opportunity means the Office of Fair Housing and Equal Opportunity of the Department of Housing and Urban Development. (8) State The term State means any State of the United States. (b) Mapping projects (1) In general The Office may award grants on a competitive basis to eligible entities for the purpose of performing projects for analyzing, digitizing, and mapping the historic housing discrimination records of not less than 1 jurisdiction. (2) Duration and amount (A) Duration The duration of a mapping project shall be not more than 3 years. (B) Amount In determining the amount of a grant under this section, the Office shall consider— (i) the size of the jurisdiction or jurisdictions that are the focus of the mapping project; and (ii) the estimated duration of the mapping project included in the application of an eligible entity under paragraph (3)(B)(ii). (3) Applications (A) In general An eligible entity desiring a grant under this section shall submit to the Office an application at such time, in such manner, and accompanied by such information as the Office may require. (B) Contents An application submitted by an eligible entity under this paragraph shall include a description of— (i) each jurisdiction that will be the focus of the mapping project; (ii) the estimated duration of the mapping project; (iii) any necessary partnership with a jurisdiction to digitize and collect historic housing discrimination records, including any— (I) memorandum of understanding entered into by the eligible entity and the jurisdiction; or (II) compensation given to the jurisdiction to aid in document digitization efforts; (iv) the methodology that the eligible entity will use to— (I) review documents for racial covenants or racially restrictive language; (II) compile historic housing discrimination records; and (III) create a spatial dataset of historic housing discrimination records; (v) any research the eligible entity has already conducted on historic housing discrimination records in a jurisdiction that will be a focus of the mapping project; and (vi) if the eligible entity has conducted any research described in clause (v), a plan for coordinating that research with research the eligible entity will perform during the mapping project. (4) Project requirements An eligible entity that performs a mapping project shall— (A) use the data standards developed under paragraph (6) to create and maintain a dataset relating to historic housing discrimination records; and (B) upon the completion of the mapping project, submit to the Office— (i) the dataset required under subparagraph (A); and (ii) with respect to the dataset required under subparagraph (A)— (I) raw data relating to the dataset; (II) metadata that describes— (aa) the methodology of the eligible entity in creating the dataset; and (bb) the dataset; and (III) any other information relevant to the creation of the dataset. (5) Use of funds An eligible entity may use funds from a grant under this section to— (A) confer with other educational institutions or other entities conducting research on historic housing discrimination patterns to develop and adopt best practices for— (i) coordination with jurisdictions; (ii) data collection; (iii) the involvement of volunteer researchers in mapping projects; and (iv) the creation of spatial datasets of historic housing discrimination records; (B) compensate jurisdictions to aid in the digitization of local property deeds or other records; (C) develop or purchase digital tools to identify racial covenants in digitized property deeds or other records; (D) create a spatial dataset of historic housing discrimination records; and (E) make the submission required under paragraph (4)(B). (6) Data standards (A) In general Not later than 1 year after the date of enactment of this Act, the Office, in coordination with the Office of Fair Housing and Equal Opportunity, shall establish a set of uniform data standards for the analysis, digitization, and mapping of historic housing discrimination records with which eligible entities performing mapping projects shall comply. (B) Metadata The set of uniform data standards established under subparagraph (A) shall include guidance for the creation of the metadata required under paragraph (4)(B)(ii)(II). (C) Input In developing the uniform data standards under subparagraph (A), the Office shall seek input from educational institutions or other entities conducting research on historic housing discrimination patterns. (D) Third party proposal (i) In general The Office may award a grant to, or enter into a contract with, a non-Federal entity on a competitive basis for the purpose of proposing the uniform data standards required to be established under subparagraph (A). (ii) Input A non-Federal entity that proposes uniform data standards under clause (i) shall seek input from the entities described in subparagraph (C). (7) National database (A) In general (i) Creation Subject to clause (ii), the Office shall use the data submitted by eligible entities under paragraph (4)(B) to create a national database of historic housing discrimination records. (ii) Optional 6-month delay At the request of an eligible entity, the Office shall wait to add data submitted by the eligible entity under paragraph (4)(B) to the national database created under clause (i) of this subparagraph until the date that is 180 days after the date on which the eligible entity submitted the data. (B) Public availability (i) In general The Office shall make the database created under subparagraph (A) publicly available at no cost on the website of the Office. (ii) Other information At the request of any individual, the Office shall provide the individual with the information submitted by an eligible entity under paragraph (4)(B)(ii). (C) Optional additions The Office may import Federal data relating to historic housing discrimination records into the national database created under subparagraph (A). (8) Digitization If an eligible entity compensates a jurisdiction for the purpose of digitizing local property deeds or other records with funds from a mapping project, the jurisdiction shall make those deeds and records publicly available at no cost. (c) Reports (1) Project report Not later than 180 days after the date on which an eligible entity receives a grant under this section, and annually thereafter for the duration of the mapping project, an eligible entity performing a mapping project shall submit to the Office a report on the status of the mapping project, which shall include information on the progress of the eligible entity— (A) in community outreach and engagement, including whether volunteers are involved in the mapping project; (B) on any necessary collaboration with a jurisdiction for the purpose of digitizing historic housing discrimination records; (C) on data collection and identification of historic housing discrimination records relating to racial discrimination; (D) on data collection and the identification of historic housing discrimination records that suggest a pattern of discrimination against individuals with any protected characteristic other than race; and (E) on the creation of the dataset required under subsection (b)(4)(A). (2) Report to Congress Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 3 years thereafter, the Office 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 includes— (A) information relating to— (i) the status of the grant program established under subsection (b), including a list of the ongoing and completed mapping projects and the jurisdictions that are the focus of those mapping projects; (ii) the status of the national database required under subsection (b)(7); and (iii) any research the Office or the Secretary of Housing and Urban Development performs with information from the national database required under subsection (b)(7); and (B) an addendum from the Office of Fair Housing and Equal Opportunity that details— (i) the involvement of the Office of Fair Housing and Equal Opportunity in the grant program established under subsection (b), including any coordination with the Office of Policy Development and Research of the Department of Housing and Urban Development; and (ii) how the grant program established under subsection (b) relates to— (I) the mission of the Office of Fair Housing and Equal Opportunity to enforce the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); and (II) any ongoing work of the Office of Fair Housing and Equal Opportunity. (d) Authorization of appropriations There are authorized to be appropriated to the Office— (1) $5,000,000 for each of fiscal years 2022 through 2031 to award grants under subsection (b); and (2) $750,000 for each of fiscal years 2022 through 2031, to remain available until expended, for costs associated with carrying out the requirements of this Act.
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117-s-2550
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II 117th CONGRESS 1st Session S. 2550 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Casey (for himself, Mr. Cassidy , Ms. Hassan , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled.
1. Short title This Act may be cited as the Respond, Innovate, Succeed, and Empower Act of 2021 or the RISE Act of 2021 . 2. Perfecting amendment to the definition of disability Section 103(6) of the Higher Education Act of 1965 ( 20 U.S.C. 1003(6) ) is amended by striking section 3(2) and inserting section 3 . 3. Supporting students with disabilities to succeed once enrolled in college Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) The institution will carry out the following: (i) Adopt policies that make any of the following documentation submitted by an individual sufficient to establish that such individual is an individual with a disability: (I) Documentation that the individual has had an individualized education program (IEP) in accordance with section 614(d) of the Individuals with Disabilities Education Act, including an IEP that may not be current on the date of the determination that the individual has a disability. The institution may ask for additional documentation from an individual who had an IEP but who was subsequently evaluated and determined to be ineligible for services under the Individuals with Disabilities Education Act, including an individual determined to be ineligible during elementary school. (II) Documentation describing services or accommodations provided to the individual pursuant to section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) (commonly referred to as a Section 504 plan ). (III) A plan or record of service for the individual from a private school, a local educational agency, a State educational agency, or an institution of higher education provided in accordance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (IV) A record or evaluation from a relevant licensed professional finding that the individual has a disability. (V) A plan or record of disability from another institution of higher education. (VI) Documentation of a disability due to service in the uniformed services, as defined in section 484C(a). (ii) Adopt policies that are transparent and explicit regarding information about the process by which the institution determines eligibility for accommodations. (iii) Disseminate such information to students, parents, and faculty in an accessible format, including during any student orientation and making such information readily available on a public website of the institution. (B) Nothing in this paragraph shall be construed to preclude an institution from establishing less burdensome criteria than that described in subparagraph (A) to establish an individual as an individual with a disability and therefore eligible for accommodations. . 4. Authorization of funds for the national center for information and technical support for postsecondary students with disabilities Section 777(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1140q(a) ) is amended— (1) in paragraph (1), by striking From amounts appropriated under section 778, and inserting From amounts appropriated under paragraph (5), ; and (2) by adding at the end the following: (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $10,000,000. . 5. Inclusion of information on students with disabilities Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ), as amended by section 3, is further amended by adding at the end the following: (31) The institution will submit, for inclusion in the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, key data related to undergraduate students enrolled at the institution who are formally registered as students with disabilities with the institution’s office of disability services (or the equivalent office), including the total number of students with disabilities enrolled, the number of students accessing or receiving accommodations, the percentage of students with disabilities of all undergraduate students, and the total number of undergraduate certificates or degrees awarded to students with disabilities. An institution shall not be required to submit the information described in the preceding sentence if the number of such students would reveal personally identifiable information about an individual student. . 6. Rule of construction None of the amendments made by this Act shall be construed to affect the meaning of the terms reasonable accommodation or record of impairment under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) or the rights or remedies provided under such Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2550is/xml/BILLS-117s2550is.xml
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117-s-2551
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II 117th CONGRESS 1st Session S. 2551 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Management and Budget to establish or otherwise provide an artificial intelligence training program for the acquisition workforce, and for other purposes.
1. Short title This Act may be cited as the Artificial Intelligence Training for the Acquisition Workforce Act or the AI Training Act . 2. Artificial intelligence training programs (a) Definitions In this section: (1) AI The term AI has the meaning given the term artificial intelligence in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). (2) AI training program The term AI training program means the training program established under subsection (b)(1). (3) Covered workforce The term covered workforce means— (A) employees of an executive agency who are responsible for— (i) program management; (ii) the planning, research, development, engineering, testing, and evaluation of systems, including quality control and assurance; (iii) procurement and contracting; (iv) logistics; or (v) cost estimating; and (B) other personnel of an executive agency designated by the head of the executive agency to participate in the AI training program. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Executive agency The term executive agency — (A) has the meaning given the term in section 133 of title 41, United States Code; and (B) does not include the Department of Defense or a component of the Department of Defense. (b) Requirement (1) In general Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Director, in coordination with the Administrator of General Services and any other person determined relevant by the Director, shall develop and implement or otherwise provide an AI training program for the covered workforce. (2) Purpose The purpose of the AI training program shall be to ensure that the covered workforce has knowledge of the capabilities and risks associated with AI. (3) Topics The AI training program shall include information relating to— (A) the science underlying artificial intelligence, including how artificial intelligence works; (B) introductory concepts relating to the technological features of artificial intelligence systems; (C) the ways in which artificial intelligence can benefit the Federal Government; (D) the risks posed by artificial intelligence, including discrimination and risks to privacy; (E) ways to mitigate the risks described in subparagraph (D), including efforts to create and identify artificial intelligence that is reliable, safe, and trustworthy; and (F) future trends in artificial intelligence, including trends for homeland and national security and innovation. (4) Updates Not less frequently than once every 2 years, the Director shall update the AI training program to— (A) incorporate new information relating to AI; and (B) ensure that the AI training program continues to satisfy the requirements under paragraph (3). (5) Format The Director is encouraged to develop and implement or otherwise include under the AI training program interactive learning with— (A) technologists; (B) scholars; and (C) other experts from the private, public, and nonprofit sectors. (6) Metrics The Director shall ensure the existence of a means by which to— (A) understand and measure the participation of the covered workforce; and (B) receive and consider feedback from participants in the AI training program to improve the AI training program. (7) Sunset Effective 10 years after the date of enactment of this Act, this section shall have no force or effect.
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https://www.govinfo.gov/content/pkg/BILLS-117s2551is/xml/BILLS-117s2551is.xml
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117-s-2552
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II 117th CONGRESS 1st Session S. 2552 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To promote long-term economic recovery and job creation in underserved communities by providing for investment in catalytic local predevelopment projects for resilient climate infrastructure innovation and to provide assistance to support State and local project development, and for other purposes.
1. Short title This Act may be cited as the Local Infrastructure Funding & Technical Assistance Act or the LIFT Act . 2. Findings (a) Findings Congress finds that— (1) infrastructure systems in the United States are in a period of significant disrepair and are increasingly vulnerable due to climate change; (2) aging infrastructure, new technologies, increasing complexity, and increasing incidents of severe weather due to climate change pose new challenges to the resilience of those infrastructure systems; (3) the climate resilience challenge is most acute in underserved communities in the United States, which face a chronic underinvestment in infrastructure systems and require restorative investments to rebuild with equity; (4) in purchasing infrastructure, the Federal Government typically accepts a low-cost capital bid without a plan for maintaining an asset that is designed to last 30 to 40 years, such that investing in local best practices and capacity for better procurement, asset management, design, lifecycle finance, and innovative data and sensor systems will partially address the resilient infrastructure funding crisis in the United States; (5) experts have determined that predevelopment funding at the local and project levels is the critical gap in accelerating efforts of the Federal Government— (A) to support climate-resilient infrastructure systems and regional economies; and (B) to create a steady stream of shovel-worthy and well-maintained community projects; (6) economic analyses have determined that existing Federal and State predevelopment programs generate as much as $16 to $20 in economic activity for every $1 of public funds expended; (7) studies demonstrate that the development of stronger lifecycle infrastructure methods by State and local project sponsors will likely help local governments better leverage current and future Federal taxpayer investment in public infrastructure through partnerships with impact investors; (8) well-managed and resilient regional, State, and local infrastructure assets will lower future Federal taxpayer costs for recovery and restoration efforts; (9) States and regions have unique infrastructure systems and challenges, such as— (A) wildfires and droughts in the West; (B) failing dams and levees in the Midwest and Mississippi regions; (C) stormwater management issues in the East; and (D) broadband connectivity in the Intermountain region; (10) the interconnected nature of energy, water, building stock, transportation, and communication systems demands new investments and innovations— (A) to prepare for mitigating risks and cyberattacks; and (B) to carry out integrated deployment strategies; (11) the basic infrastructure needs of many communities are changing during the COVID–19 era to emphasize distance learning and public health, while much of the infrastructure stock of the United States created in the 1950s, 1960s, and 1970s is aging; (12) 2/3 of United States infrastructure is funded at the State and local levels; (13) the Federal Government, in the role of a long-term strategic infrastructure partner, should focus on making catalytic investments that— (A) promote local best practices in resilient infrastructure through performance-based investments in States and communities; (B) encourage regional innovation, innovative partnerships, and economic resilience strategies and outcomes that fund long-term capacity building and economic recovery; and (C) provide strategic capacity building resources, technical assistance, and flexible predevelopment support for resilient infrastructure project development that allows States and communities to accelerate the most critical State and community infrastructure needs; and (14) grantees and applicants of the Assistance for Coal Communities program of the Economic Development Administration have expressed financial hardship with meeting all project predevelopment costs needed to be eligible for that program and to transition away from fossil fuel infrastructure. (b) Purpose Recognizing that pressing climate-resilient infrastructure needs differ by State and region, and that Federal program support for project predevelopment is limited or inflexible due to programmatic silos, the purpose of this Act is to establish new, flexible funding streams and expedited processes— (1) to accelerate timely, resilient infrastructure deployment, specifically in underserved communities; (2) to reduce taxpayer costs in response to disasters involving infrastructure; and (3) to preserve existing jobs and to create new jobs. 3. Definitions In this Act: (1) Capacity building The term capacity building includes all activities associated with early stage community-based project formation and conceptualization, prior to project predevelopment activity, including stipends to local community organizations for planning participation, community outreach and engagement activities, grant writing, research, and mentorship support to move projects from formation and conceptualization to project predevelopment. (2) Eligible recipient The term eligible recipient means— (A) an eligible recipient (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); and (B) a private individual, a nonprofit organization, or a for-profit organization. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Lead applicant The term lead applicant means the eligible recipient that is primarily responsible for the preparation, conduct, and administration of the project for which a grant is provided under section 4(b)(2). (5) Minority or woman-led entity The term minority or woman-led entity means an organization, as determined by the Secretary— (A) for which a majority of the governing board of directors and executive leadership of the organization are women or minority persons; (B) that is not dependent on or influenced by another non-eligible person or organization; and (C) that has not been established for the purpose of this Act. (6) Project predevelopment The term project predevelopment means a measure required to be completed before construction of a project may occur, such as— (A) architectural or engineering work; (B) a market assessment; (C) community outreach and engagement; (D) an economic feasibility study; (E) the acquisition of a site or lease; (F) preparation of a business plan; (G) any activity relating to permitting; (H) any activity relating to the writing of grant applications; (I) capacity building in local governments, community institutions, and nonprofit organizations; and (J) training for unionized labor to execute on such activities. (7) Secretary The term Secretary means the Secretary of Commerce. (8) Underserved community The term underserved community means— (A) a community— (i) with significant representation of communities of color, low-income communities, or indigenous communities; and (ii) that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities; (B) Tribal communities; (C) a community facing economic transition, deindustrialization, and historic under-investment; or (D) a community with a high rate of poverty or unemployment. 4. Authorization of appropriations (a) In general In addition to amounts otherwise available, there is authorized to be appropriated for fiscal year 2022, $15,000,000,000, to remain available until September 30, 2027, to the Secretary of Commerce for economic adjustment assistance under section 209 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3149 ) to provide grants for project predevelopment and technical assistance. (b) Administrative costs In addition to amounts otherwise available, there is authorized to be appropriated for fiscal year 2022, $300,000,000, to remain available until September 30, 2027, to the Secretary of Commerce for the administrative costs of carrying out this section, including the costs of utilizing temporary Federal personnel as may be necessary. (c) Type of grants Of the amounts made available under subsection (a)— (1) $5,000,000,000 shall be for technical assistance and grants to eligible recipients to perform capacity building; and (2) $10,000,000,000 shall be for grants to eligible recipients to perform project predevelopment activities to assist States and communities that need support with climate infrastructure investments, subject to the requirements of section 5. (d) Underserved communities Of the amounts made available under subsection (a), not less than 50 percent shall be used for activities described in subsection (c) that are carried out in underserved communities. 5. Local infrastructure funding & technical assistance grant requirements (a) Limitations In making grants with amounts made available under section 4(c)(2), the Secretary may not— (1) provide to an eligible recipient more than 1 grant for which the eligible recipient is the lead applicant; or (2) make a grant in an amount of more than $500,000. (b) Partnerships An eligible recipient seeking to receive a grant under section 4(c)(2) may partner with 1 or more— (1) eligible recipient; or (2) any other entity, as determined by the Secretary. (c) Use of grant An eligible recipient may use a grant under section 4(c)(2) for project predevelopment including— (1) project planning, community outreach and engagement, and feasibility studies; (2) demonstrations of innovative activities or strategic economic development investments; (3) management and operational assistance; (4) establishment of university centers; (5) establishment of business outreach centers; (6) studies evaluating the needs of, and development potential for, economic growth of areas that the Secretary determines have substantial need for the assistance; (7) studies that evaluate the effectiveness of coordinating projects funded under the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) with projects funded under other Acts; (8) assessment, marketing, and establishment of business clusters; (9) other activities determined by the Secretary to be appropriate; and (10) making a grant to an organization to carry out any of the activities described in paragraphs (1) through (9). (d) Selection (1) In general The Secretary may award a grant under section 4(c)(2) only after an evaluation of— (A) the merits of the application; (B) the likely low- to no-carbon opportunities described in the application that align with any Federal climate and resiliency goals; (C) the extent to which the proposed activities would create efficiency of operations across services; and (D) the extent to which the proposed activities would promote resources to invest in community infrastructure. (2) Priority In awarding grants under this section, the Secretary shall give priority to eligible recipients that— (A) are minority or women-led entities; (B) are partnerships between an institution of higher education and a labor organization; (C) are located in an underserved community; (D) propose to carry out activities that would— (i) result in predicted large greenhouse gas reductions; or (ii) reduce air pollution; (E) propose to carry out activities that would result in large improvements to public health; (F) propose to carry out activities that would improve community adaptation and resiliency; or (G) propose to carry out activities that would modernize communities and community connectivity.
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https://www.govinfo.gov/content/pkg/BILLS-117s2552is/xml/BILLS-117s2552is.xml
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117-s-2553
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II 117th CONGRESS 1st Session S. 2553 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Hirono (for herself, Mr. Whitehouse , Mrs. Murray , and Mr. Durbin ) 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 protect employees of the Federal judiciary from discrimination, and for other purposes.
1. Short title This Act may be cited as the Judiciary Accountability Act of 2021 . 2. Protecting employees of the Federal judiciary from discrimination (a) In general Chapter 57 of title 28, United States Code, is amended by adding at the end the following: 964. Protecting employees of the Federal judiciary from discrimination (a) Discriminatory practices prohibited All personnel actions (as such term is defined in section 2302(a)(2) of title 5) affecting covered employees (as such term is defined in section 10 of the Judiciary Accountability Act of 2021 ) shall be made free from any discrimination based on— (1) race, color, religion, sex (including sexual orientation or gender identity), or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ); (2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ); or (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112–12114 ). (b) Remedy (1) Civil rights The remedy for a violation of subsection (a)(1) shall be— (A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) ); and (B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ), or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes ( 42 U.S.C. 1981a(a)(1) , 1981a(b)(2), and 1981a(b)(3)(D)). (2) Age discrimination The remedy for a violation of subsection (a)(2) shall be— (A) such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a(c) ); and (B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act ( 29 U.S.C. 626(b) ). In addition, the waiver provisions of section 7(f) of such Act ( 29 U.S.C. 626(f) ) shall apply to covered employees. (3) Disabilities discrimination The remedy for a violation of subsection (a)(3) shall be— (A) such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a(a)(1) ) or section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ); and (B) such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes ( 42 U.S.C. 1981a(a)(2) , 1981a(a)(3), 1981a(b)(2), and 1981a(b)(3)(D)). (c) Report On an annual basis, the judicial council of each circuit shall submit to Congress a report that includes, for the previous year, hiring statistics for the circuit, each court of the United States for the circuit, each Federal Public Defender Organization described in section 3006A(g)(2)(A) of title 18 that is associated with the circuit, and each office or agency referred to in section 10(2)(A) of the Judiciary Accountability Act of 2021 that is associated with the circuit. . (b) Clerical amendment The table of sections for chapter 57 of title 28, United States Code, is amended by adding at the end the following: 964. Protecting employees of the Federal judiciary from discrimination. . 3. Protecting whistleblowers in the Federal judiciary from retaliation (a) In general Chapter 57 of title 28, United States Code, as amended by this Act, is further amended by adding at the end the following: 965. Protecting whistleblowers from retaliation (a) In general No justice, judge, covered employee, or contractor or subcontractor of an office or agency in the judicial branch of the Federal Government may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against a covered employee (as such term is defined in section 10 of the Judiciary Accountability Act of 2021 ) in the terms and conditions of employment because of any lawful act done by the covered employee or perceived to have been done by the covered employee or any person perceived to be associated with or assisting the covered employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law, rule, or regulation or misconduct by a justice, judge, contractor or subcontractor with an office or agency of the judicial branch of the Federal Government, or covered employee. (b) Remedy A court may order such legal or equitable relief as may be necessary to eliminate the direct and indirect effects of a violation of subsection (a). (c) Burden of proof Proceedings to determine a violation shall be governed by the legal burdens of proof specified in section 1221(e) of title 5. (d) Venue Notwithstanding section 1391, an action under this section may be filed in any United States district court. . (b) Clerical amendment The table of sections for chapter 57 of title 28, United States Code, as amended by this Act, is further amended by adding at the end the following: 965. Protecting whistleblowers from retaliation. . 4. Establishment of the commission on judicial integrity (a) Commission There is established in the judicial branch of the Federal Government the Commission on Judicial Integrity. (b) Membership The membership of the Commission consists of the following 16 members: (1) Presidential appointment The following 3 members appointed by the President: (A) A Chair selected from a list of not more than 3 candidates recommended by the concurrence of the Council of the Inspectors General on Integrity and Efficiency. (B) A Vice Chair selected from a list of not more than 3 candidates recommended by the Equal Employment Opportunity Commission. (C) A Vice Chair selected from a list of not more than 3 candidates recommended by the United States Commission on Civil Rights. (2) Expert representation The following 7 members selected by a recorded vote (which shall be made available on uscourts.gov, or any successor thereto, along with the transcript of the proceedings and any additional statements by individual members of the Judicial Conference) of the Judicial Conference of the United States after consultation with the majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Council of the Inspectors General on Integrity and Efficiency, the Equal Employment Opportunity Commission, and the United States Commission on Civil Rights: (A) 2 members with substantial experience in alternative dispute resolution regarding workplace misconduct. (B) 2 members with substantial experience in enforcing and investigating civil rights laws against workplace discrimination, including 1 member with experience representing employees. (C) 1 member with substantial experience working in the office of an inspector general of an agency. (D) 1 member with substantial experience on a State judicial conduct commission or equivalent State body. (E) 1 member with experience providing licensed counseling and other support for victims of harassment, sexual assault, discrimination, or retaliation. (3) Judicial representation 2 Federal judges selected by the members appointed under paragraphs (1) and (2) from a list of 6 judges recommended by a recorded vote of the Judicial Conference, who— (A) do not serve in the same judicial district or circuit; and (B) have not been found to have engaged in judicial misconduct, including workplace misconduct. (4) Employee representation The following 4 members selected by the Chair and Vice Chairs: (A) 2 current employees of the judicial branch of the Federal Government who— (i) do not serve in the same court, circuit, agency, or office; (ii) have been employed by the judicial branch of the Federal Government for at least 5 years; and (iii) do not serve in senior executive positions. (B) 2 members who have completed a judicial clerkship within the 4 years immediately preceding such selection. (c) Basis for selection (1) In general The members shall be selected solely on the basis of integrity and demonstrated ability in their respective fields. Members shall have training or experience in the application of the rights, protections, procedures, and remedies, or their equivalents under State or Federal law, made applicable under this Act. (2) Limitations Except as provided in paragraphs (3) and (4)(A) of subsection (b), no member may be— (A) a current officer or employee of the judicial branch of the Federal Government; (B) a former director or deputy director of the Administrative Office of United States Courts; and (C) a current officer or employee of the legislative or executive branches. (d) Terms of Office (1) In general The members shall serve for 4 years terms, except that the first members shall be staggered so that— (A) the Chair and 1 Vice Chair, as designated by the President, serve terms of 5 years; (B) 3 members appointed under subsection (b)(2), as designated by the Judicial Conference, serve terms of 5 years; (C) 1 member appointed under subsection (b)(3), as designated by the Chair and Vice Chairs, serves a term of 5 years; (D) 1 member appointed under subsection (b)(4), as designated by the Chair and Vice Chairs, serves a term of 5 years; and (E) all other members initially appointed serve terms of 4 years. (2) Service until successor appointed A member whose term has expired may continue to serve until the date on which a successor has taken office. (e) Removal A member may be removed from office by a majority vote, made on the record in an open meeting, of the Judicial Conference of the United States, with each vote recorded and accompanied by a statement explaining the reason for said vote, subject to the following: (1) The removal of a member may only be initiated in the event of permanent incapacity, inefficiency, neglect of duty, or malfeasance. (2) The Judicial Conference shall communicate the reasons for any such removal to both Houses of Congress and the Commission within 14 days of said removal. (f) Duties The Commission shall oversee a workplace misconduct prevention program that is consistent with prevailing best practices and that includes— (1) a comprehensive workplace misconduct policy; (2) a nationwide confidential reporting system that is readily accessible to current and former employees of the judicial branch of the Federal Government, law schools, and other potential complainants, including those who may interact with judges and senior executives in professional settings outside the judicial branch of the Federal Government; (3) a comprehensive training program on workplace behavior and bystander intervention; (4) metrics for workplace misconduct response and prevention in supervisory employees’ performance reviews; (5) a system for independently investigating reports of workplace misconduct that ensures such investigations are comprehensive, timely, effective, and trusted; (6) standards for the imposition of prompt, consistent, and proportionate disciplinary and corrective action if workplace misconduct is determined to have concurred; (7) making publicly available, not less frequently than annually, anonymized reports of aggregate formal and informal complaints of workplace misconduct received and responsive actions taken; (8) making publicly available annual reports of the number of individuals who were interviewed for full-time positions, including judicial clerkships, with a court of the United States, an office or agency described in chapter 15 or part III of title 28, United States Code, or a defender organization described in section 3006A(g) of title 18, United States Code, and who were hired for such positions, which shall be disaggregated by judicial circuit and judicial branch agency, by sex (including by sexual orientation and gender identity), by disability, and by the ethnic and the racial categories in the most recent decennial census (or similar categories), with year-to-year trends of the most recent 10 years for which data are available, to the extent practicable; (9) making publicly available biennial workplace climate assessments that include surveys of current and former employees and interviews and focus groups of randomly selected current and former employees; (10) conducting annual audits of the efficacy of the workplace misconduct prevention program; and (11) ensuring that the elements of the workplace misconduct prevention program are easy to understand, easy to access and use, and are regularly communicated to all employees. (g) Additional duties The Commission shall also— (1) select and advise the Special Counsel for Equal Employment Opportunity appointed under section 6; (2) select and supervise the Judicial Integrity Officer appointed under section 5; (3) supervise the Office of Employee Advocacy established under section 7 and select the Chief Counsel for Employee Advocacy under section 7; (4) maintain policies, practices, procedures, and codes of conduct that— (A) preserve the integrity of the Commission and the offices and programs established under this Act; (B) maintain the confidence of covered employees in the Commission and the offices and programs established under this Act; and (C) guarantee procedural rights to individuals during investigations and dispute resolution proceedings under this Act; (5) no less than every 4 years, recommend to the Judicial Conference, after notice and opportunity for comment, revisions to the Judicial Conduct and Disability Rules, the Code of Conduct for Judiciary Employees, the Code of Conduct for Federal Public Defender Employees, and the Code of Conduct for United States Judges; (6) ensure that the Judicial Conference, Congress, and the public are kept informed of— (A) the work of the Commission; (B) the workplace climate and culture in the judicial branch of the Federal Government, including the incidence of workplace misconduct; and (C) the efficacy of the workplace misconduct prevention program overseen by the Commission; (7) establish general policies and promulgate such rules and regulations for the Commission as are necessary to carry out the purposes of this Act; (8) appoint and fix the salary and duties of the Staff Director, who shall serve at the discretion of the Commission and who shall be compensated at an annual rate not to exceed 92 percent of the annual rate of pay in effect for the Director of the Administrative Office of United States Courts; (9) retain private attorneys (who, when serving as officers or employees of the United States, shall be considered special government employees as defined in section 202(a) of title 18, United States Code) to provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself; and (10) in its discretion, pay reasonable attorney’s fees to private attorneys employed by the Commission out of amounts appropriated to the Commission. (h) Director and staff (1) Director The Staff Director shall supervise the activities of persons employed by the Commission and perform other duties assigned to the Staff Director by the Commission. (2) Staff (A) In general The Staff Director shall, subject to the approval of the Commission, appoint such officers and employees as are necessary in the execution of the functions of the Commission. (B) Application of title 5 The officers and employees of the Commission shall be exempt from the provisions of part III of title 5, United States Code, except the following: chapters 45 (Incentive Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83 (Retirement), 85 (Unemployment Compensation), 87 (Life Insurance), and 89 (Health Insurance), and subchapter VI of chapter 55 (Payment for accumulated and accrued leave). (C) Pay The annual rates of pay of the officers and employees of the Commission, other than the Staff Director, shall be fixed at rates not to exceed the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Compensation (1) In general The Chair and Vice Chairs of the Commission shall hold full-time positions and shall be compensated during their terms of office at the annual rate at which judges of the United States courts of appeals are compensated. (2) Per diem (A) Rate of compensation for each day Each other member of the Commission shall be compensated, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission, at the daily equivalent of the annual rate of pay payable to judges of the United States courts of appeals. (B) Authority to prorate The rate of pay of a member may be prorated based on the portion of the day during which the member is engaged in the performance of Commission duties. (3) Travel expenses Each member of the Commission shall receive 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, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member. (j) GAO audit Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall conduct a study of the management, governance structure, and independence of the Commission. 5. Office of Judicial Integrity (a) Establishment There is established in the judicial branch of the Federal Government the Office of Judicial Integrity (in this section referred to as the OJI ). (b) Appointment, term, and removal of judicial integrity officer (1) Appointment The head of the OJI shall be the Judicial Integrity Officer, who shall be appointed by the Commission, after consultation with the Judicial Conference of the United States. (2) Qualifications The Judicial Integrity Officer shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position. (3) Term The Judicial Integrity Officer shall serve for a term of 4 years, and may be reappointed by the Commission, after public notice and opportunity to comment and consultation with the Judicial Conference of the United States, for an additional term. (4) Removal The Judicial Integrity Officer may be removed from office by a majority vote of the Judicial Conference of the United States, subject to the following: (A) The removal of the Judicial Integrity Officer may only be initiated in the event of permanent incapacity, inefficiency, neglect of duty, or malfeasance. (B) The Judicial Conference shall communicate the reasons for any such removal to both Houses of Congress and the Commission not later than 14 days after removal. (c) Staffing (1) In general The Judicial Integrity Officer shall, after consultation with the Commission, develop a staffing plan which shall include, at a minimum— (A) 6 deputies; (B) a Director of Workplace Relations for— (i) each judicial circuit; (ii) the Court of International Trade; (iii) the Court of Federal Claims; (iv) each Federal Public Defender Organization described in section 3006A(g)(2)(A) of title 18, United States Code; and (v) each judicial branch agency not described in clauses (i) through (iv); (C) at least 2 employee dispute resolution coordinators for— (i) each judicial district; (ii) each judicial circuit; (iii) the Court of International Trade; and (iv) the Court of Federal Claims; and (D) a sufficient number of employee dispute resolution coordinators for every other judicial branch agency. (2) Publication of qualifications The Commission shall develop and, after public notice and opportunity for comment, post the qualifications for the positions described in this subsection. (d) Duties With respect to the judicial branch of the Federal Government, the OJI shall, consistent with prevailing best practices, perform the following: (1) Administer the following elements of the workplace misconduct prevention program under section 4(f): (A) The comprehensive workplace misconduct policy. (B) The nationwide, confidential reporting system. (C) In consultation with the Federal Judicial Center, the comprehensive training program on workplace behavior and bystander intervention. (D) The development of metrics for workplace misconduct response and prevention in supervisory employees’ performance reviews. (E) The development and maintenance of an employee dispute resolution program. (F) Regular public reporting of anonymized workplace misconduct complaints received and responsive action taken. (G) Regular public reporting of the number of individuals who were interviewed for judicial clerkship positions and who were hired for such positions, disaggregated by circuit, by sex (including by sexual orientation and gender identity), by disability, and by the ethnic and the racial categories in the most recent decennial census (or similar categories). (2) Provide offices and agencies employing covered employees with confidential advice and counseling regarding compliance with this Act (and the amendments made by this Act). (3) Tracking complaints and investigations of workplace misconduct, as well as remedies for such workplace misconduct. (4) Compile anonymized statistics on— (A) the use of the confidential reporting system described in section 4(f)(2), including the number and type of contacts made with the OJI; (B) the reason for such contacts; (C) the number of covered employees who initiated proceedings with the OJI under this section and the result of such proceedings; and (D) the number of covered employees who filed a claim, the basis for the claim, and the action taken on the claim. (e) Powers In carrying out the duties of the OJI, the Judicial Integrity Officer shall have the power to— (1) make investigations and reports; (2) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial council of any circuit, the Administrative Office of the United States Courts, the Federal Judicial Center, the United States Sentencing Commission, and a defender organization described in section 3006A(g) of title 18, United States Code; (3) employ such officers and employees as the Judicial Integrity Officer determines appropriate, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (4) obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and (5) to the extent and in such amounts as may be provided in advance by appropriations Acts— (A) enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and (B) make such payments as may be necessary to carry out the duties of the OJI. (f) Reports (1) When to be made The Judicial Integrity Officer shall— (A) make an annual report to the Commission, the Judicial Conference, the judicial council for each circuit, and to Congress relating to the activities of the OJI; and (B) make prompt reports to the Commission, the Judicial Conference, the judicial council of a circuit, or Congress on matters that may require action by the Judicial Conference, the judicial council of the circuit, or Congress, respectively. (2) Sensitive matter If a report contains sensitive matter, the Judicial Integrity Officer may so indicate and the Commission, Judicial Conference, judicial council of a circuit, or Congress may receive that report in closed session. 6. Special Counsel for Equal Employment Opportunity (a) Establishment There is established in the judicial branch of the Federal Government the Office of Special Counsel for Equal Employment Opportunity (in this section referred to as the Office ). (b) Appointment and term (1) Appointment The head of the Office shall be the Special Counsel for Equal Employment Opportunity (in this section referred to as the Special Counsel ), who shall be appointed by the Commission, after consultation with the Judicial Conference of the United States and the Council of the Inspectors General on Integrity and Efficiency. (2) Term The Special Counsel shall serve for a single term of 5 years. (c) Qualifications The Special Counsel shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position, and shall not be a current or former officer or employee of the judicial branch of the Federal Government. (d) Removal The Special Counsel may be removed from office by a majority vote of the Judicial Conference of the United States, with each vote recorded and accompanied by a statement explaining the reason for said vote, subject to the following: (1) The removal of the Special Counsel may only be initiated in the event of permanent incapacity, inefficiency, neglect of duty, or malfeasance. (2) The Judicial Conference shall communicate the reasons for any such removal to both Houses of Congress and the Commission within 14 days of said removal. (e) Duties With respect to the judicial branch of the Federal Government, the Office shall— (1) conduct investigations of alleged workplace misconduct in the judicial branch of the Federal Government and any policies or procedures promulgated under this Act that may require oversight or other action within the judicial branch of the Federal Government or by Congress; (2) conduct and supervise audits and investigations regarding workplace misconduct and complaints; (3) assist in the conduct of investigations pursuant to section 353 of title 28, United States Code; (4) conduct annual audits in accordance with section 4(f)(10); and (5) conduct biennial workplace climate assessments in accordance with section 4(f)(9) and subsection (f) of this section. (f) Workplace culture assessment of employing offices (1) Requirement to conduct assessment Not later than 90 days after the appointment of the first Special Counsel under this section, and every year thereafter, the Special Counsel shall conduct an assessment of the workplace culture of agencies and offices employing covered employees. Such assessment shall be consistent with prevailing best practices and shall include the following: (A) Indicators of positive and negative trends for maintaining a safe, respectful, diverse, and inclusive workplace. (B) The specific types of workplace misconduct that have occurred, and the incidence of such misconduct. (C) The effectiveness of the policies of the judicial branch of the Federal Government designed to prevent and remedy workplace misconduct. (D) The effectiveness of the processes of the judicial branch of the Federal Government for complaints on and investigations into workplace misconduct. (E) Any other issues relating to workplace misconduct as the Commission considers appropriate. (F) A secure, confidential, and anonymous survey of current and former employees who have departed after the last such assessment. (G) Focus groups and confidential individual interviews of randomly selected current and former employees. (H) The first such assessment shall include a survey of current covered employees and former covered employees who were employed as a covered employee during the 10-year period ending on the date of enactment of this Act. (2) Consultation with committees The Special Counsel shall carry out this subsection in consultation with the Committee on the Judiciary of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives, and the Committee on the Judiciary of the Senate. (3) Public report An anonymized report on the results of each assessment under this subsection shall be made publicly available not later than 30 days after the completion of the assessment. (g) Report to congress Upon the completion of any audit by the Special Counsel, the Special Counsel shall submit to Congress a report containing the results of the audit. (h) Powers (1) Powers In carrying out the duties of the Office, the Special Counsel shall have the power to— (A) make investigations, audits, and reports; (B) obtain assistance from any agency of the judicial branch of the Federal Government, including the Judicial Conference of the United States, the judicial council of each circuit, the Administrative Office of the United States Courts, the Federal Judicial Center, the United States Sentencing Commission, and a defender organization described in section 3006A(g) of title 18, United States Code; (C) require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; (D) administer to or take from any person an oath, affirmation, or affidavit; (E) employ such officers and employees as the Special Counsel determines appropriate, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (F) obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate for a position at level IV of the Executive Schedule under section 5315 of such title; and (G) to the extent and in such amounts as may be provided in advance by appropriations Acts— (i) enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and (ii) make such payments as may be necessary to carry out the duties of the Office. (2) Limitation The Special Counsel shall not have the authority to investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge, justice, or court. (i) Reports (1) When to be made The Special Counsel shall— (A) make an annual report to the Commission, the Judicial Conference, the judicial council of each circuit, and Congress relating to the activities of the Office; and (B) make prompt reports to the Commission, the Judicial Conference, the judicial council of a circuit, Congress, and the Department of Justice on matters that may require action by the Commission, the Judicial Conference, the judicial council of the circuit, Congress, or the Department of Justice. (2) Sensitive matter If a report contains sensitive matter, the Special Counsel may so indicate and the Commission, the Judicial Conference, the judicial council of a circuit, and to Congress may receive that report in closed session. 7. Office of Employee Advocacy (a) Establishment There is established in the judicial branch of the Federal Government the Office of Employee Advocacy (in this section referred to as the OEA ). (b) Director of Employee Advocacy (1) Appointment The head of the OEA shall be the Director of Employee Advocacy, who shall be appointed by the Commission, after consultation with the Judicial Conference of the United States, the Equal Employment Opportunity Commission, and the United States Commission on Civil Rights. (2) Term The Director shall serve for a single term of 5 years. (3) Qualifications The Director shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position. (c) Functions (1) Legal assistance, consultation, and representation Subject to paragraph (5), the OEA shall carry out the following functions: (A) Receive complaints from any covered employee in the judiciary branch of the Federal Government of workplace misconduct. (B) Provide confidential support and information, including referrals to medical and mental health care. (C) Provide legal assistance and consultation to covered employees described in subparagraph (A) under this Act and chapter 16 of title 28, United States Code, regarding the procedures under this Act and such chapter 16 and the procedures applicable to civil actions arising under this Act and such chapter 16, including— (i) the roles and responsibilities of the Commission, the Office of Judicial Integrity, the Special Counsel for Equal Employment Opportunity, the judicial councils of the circuits, the Directors of Workplace Relations, the employee dispute resolution coordinators described in section 5(c)(1)(C), and similar authorities; (ii) any proceedings conducted under this Act and chapter 16 of title 28, United States Code; (iii) the authority of the Special Counsel for Equal Employment Opportunity to compel cooperation and testimony under investigations and proceedings conducted under this Act; and (iv) the employee’s rights and duties relating to such proceedings. (D) Provide legal assistance and representation— (i) in personal civil legal matters related to the initiation of or participation in proceedings under this Act by a covered employee in the judiciary branch of the Federal Government; and (ii) in any proceedings under chapter 16 of title 28, United States Code, or this Act, or before any other administrative or judicial body related to the alleged violations of such chapter 16 or this Act which are the subject of the proceedings initiated by the covered employee, or the proceedings in which the covered employee participates. (E) Operate a hotline through which covered employees in the judiciary branch of the Federal Government may contact the OEA. (2) Authority to provide assistance in any jurisdiction Notwithstanding any law regarding the licensure of attorneys, an attorney who is employed by the OEA and is authorized to provide legal assistance and representation under this section is authorized to provide that assistance and representation in any jurisdiction, subject to such regulations as may be prescribed by the OEA. (3) Nature of relationship The relationship between the OEA and an employee to whom the OEA provides legal assistance, consultation, and representation under this section shall be the relationship between an attorney and client. (4) Prohibiting acceptance of award of attorney fees or other costs The OEA may not accept any award of attorney fees or other litigation expenses or costs under any hearing or civil action brought under this Act. (5) Prohibiting assistance in other matters or proceedings The OEA may not provide any legal assistance, consultation, or representation with respect to any matter or proceeding which does not arise under this Act or chapter 16 of title 28, United States Code. 8. Accountability for judicial misconduct (a) Establishing discrimination and retaliation as judicial misconduct Section 358 of title 28, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) In general Each judicial council and the Judicial Conference shall prescribe rules for the conduct of proceedings under this chapter, including the processing of petitions for review that— (1) ensure the independence, integrity, impartiality, and competence of proceedings under this chapter; (2) ensure the greatest possible public confidence in proceedings under this chapter and maintain public confidence in the Federal judiciary; (3) reflect that the judicial office is a position of public trust; and (4) effectuate sections 453 and the provisions of the Judiciary Accountability Act of 2021 . ; (2) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3)— (i) by inserting (with the right to be accompanied by counsel) after appear ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding the following at the end: (4) providing that workplace misconduct (as defined in the Judiciary Accountability Act of 2021 ) constitutes a violation of this chapter, including conduct prohibited under sections 964 and 965 of this title. ; (3) in subsection (c), in the first sentence— (A) by striking notice and an opportunity and inserting notice, and an opportunity ; and (B) by striking the period at the end and inserting , and written explanation in the Federal Register. ; and (4) by adding at the end the following: (d) Transmission to Congress Not later than 180 days before the date on which a rule prescribed under this section is to become effective, the Chief Justice of the United States, or, if applicable, the presiding officer of the judicial council, shall transmit to the Congress a copy of the proposed rule. The rule shall take effect unless otherwise provided by law. . (b) Filing and identifying complaints Section 351 of title 28, United States Code, is amended— (1) in subsection (b), by adding at the end the following: For purposes of this chapter, a complaint identified under this subsection shall be treated in the same manner as a complaint filed under subsection (a). ; (2) by redesignating subsection (d) as subsection (f); and (3) by inserting after subsection (c) the following: (d) Identifying complaint by judicial conference In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the Judicial Conference, the Judicial Conference may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint. Upon identifying a complaint under this paragraph, the Judicial Conference shall refer the complaint in accordance with the transmittal procedures described in subsection (c). (e) Special rule for employees filing complaints (1) In general A complaint described in subsection (a) made by a current or former covered employee (as such term is defined in the Judiciary Accountability Act of 2021 ) may be filed with the Judicial Conference. (2) Transmittal by judicial conference Upon receipt of a complaint filed under this subsection, the Judicial Conference shall transmit the complaint in accordance with subsection (c). . (c) Expanded definition of judge Subsection (f)(1) of section 351 of title 28, United States Code, as so redesignated by subsection (b) of this section, is amended by striking a circuit judge and all that follows and inserting a judge described in chapter 17 of this title or an individual who was such a judge during the conduct described in the complaint. . (d) Effect of resignation or retirement of judge Chapter 16 of title 28, United States Code, is amended— (1) in section 352, by adding at the end the following: (e) Effect of vacancy of office The resignation, retirement from office under chapter 17, or death of a judge who is the subject of a complaint under section 351 shall not be grounds for— (1) the dismissal of the complaint under subsection (b)(1); or (2) the conclusion that the complaint is no longer necessary under subsection (b)(2). ; and (2) in section 353, by adding at the end the following: (d) Effect of vacancy of office The special committee shall complete its investigation and file a report under subsection (c) without regard for the resignation, retirement from office under chapter 17, or death of the judge whose conduct is the subject of the complaint. . (e) Expanding authority of judicial council Section 354(a)(2)(A) of title 28, United States Code, is amended— (1) in clause (i)— (A) by inserting or subject to the completion of any corrective measures recommended by the judicial council after on a temporary basis for a time certain ; and (B) by inserting , or that any current cases assigned to the judge be reassigned before the semicolon at the end; (2) in clause (ii), by striking and at the end; (3) in clause (iii), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (iv) in the case of a complaint based on workplace misconduct, ordering such action as the judicial council determines appropriate to protect employees from the workplace misconduct. . (f) Fair and impartial investigations and determinations by special committee and judicial council Chapter 16 of title 28, United States Code, is amended— (1) in section 353(a), by striking paragraph (1) and inserting the following: (1) appoint to a special committee to investigate the facts and allegations contained in the complaint— (A) himself or herself; and (B) selected at random— (i) equal numbers of circuit judges and district judges from other circuits; and (ii) members of the Commission on Judicial Integrity; ; and (2) in section 354, by adding at the end the following: (c) Disqualification and additional members For purposes of this section, the judicial council of a circuit— (1) shall not include any member of the special committee described in section 353; and (2) shall include at least 1 randomly selected member of the Commission on Judicial Integrity. . (g) Judicial conference To report violations to congress Section 355 of title 28, United States Code, is amended by adding at the end the following: (c) Violations reported to congress If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that taking an action as described in paragraph (1)(C) and (2) of section 354(a) is appropriate, the Judicial Conference shall submit the determination and the record of the proceedings to Congress. . (h) Disclosure of information Section 360 of title 28, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting and subsections (c) and (d) of this section after section 355 ; and (2) by adding at the end the following: (c) Reports (1) Report to judicial conference (A) Notice of complaints filed Not later than 30 days after a complaint is filed by an employee or former employee or identified under section 351, the clerk of a court of appeals shall notify the Judicial Conference of such complaint. (B) Report of special committee Each special committee appointed under section 353 shall submit the report filed with the judicial council of the circuit under subsection (c) of that section to the Judicial Conference. (C) Redaction of personally identifying information To the extent practicable, a notification and report under this paragraph shall not include any personally identifying information except for the identity of the judge whose conduct is the subject of the complaint. The identity of the judge may be redacted only with the consent of the complainant. (2) Report to congress (A) In general On a biannual basis, the Judicial Conference shall submit to Congress a report, signed by every member of the Executive Committee, that includes, with respect to complaints under this chapter for each judicial circuit during the previous 180-day period, the following information: (i) The number, type, and disposition of such complaints. (ii) A description of actions taken under paragraph (1)(C) and (2) of section 354(a). (iii) A description of voluntary remedial or corrective actions taken by judges subject to such complaints. (iv) Recommendations for policies, practices, and procedures related to such complaints. (B) Redaction of personally identifying information Reports submitted under this paragraph may not contain the personally identifying information of a complainant or judge. (d) Disclosure by complainant permitted Nothing in this chapter shall be construed to prevent a complainant or victim of judicial misconduct from disclosing any information related to the complaint. . (i) Expenses for complainants and third parties Section 361 of title 28, United States Code, is amended— (1) by striking Upon the request and inserting the following: (a) In general Upon the request ; and (2) by adding at the end the following: (b) Reimbursement Upon the request of a complainant, the judicial council of a circuit may, if the complaint was not finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation which would not have been incurred but for the requirements of this chapter. . 9. Rule of construction Nothing in this Act or the amendments made by this Act may be construed— (1) to abolish, diminish, or infringe upon any right or remedy provided by the Constitution of the United States or any other law; (2) to relieve any person or Government agency from liability under the Constitution of the United States or any other law; or (3) to relieve any Government agency or official of their responsibility to assure nondiscrimination in employment. 10. Definitions In this Act: (1) Commission The term Commission means the Federal Government Commission on Judicial Integrity established under section 4(a). (2) Covered employee The term covered employee means— (A) any full-time or part-time employee (including an officer, a former employee, and an applicant for prospective employment) of a court of the United States, an office or agency described in chapter 15 or part III of title 28, United States Code, or a defender organization described in section 3006A(g) of title 18, United States Code; and (B) any individual who carries or carried out an official duty of a court of the United States, an office or agency described in chapter 15 or part III of title 28, United States Code, or a defender organization described in section 3006A(g) of title 18, United States Code, but who is not paid by such court for carrying out such duties, including an intern. (3) Disability The term disability means a disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112–12114 ). (4) Workplace misconduct The term workplace misconduct means misconduct impacting the workplace and employment, including discrimination, harassment, retaliation, sexual assault, bullying, and conduct prohibited under sections 964 and 965 of title 28, United States Code. 11. Authorization of appropriations There are authorized to be appropriated such funds as are necessary to carry out this Act and the amendments made by this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2553is/xml/BILLS-117s2553is.xml
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117-s-2554
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II 117th CONGRESS 1st Session S. 2554 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Brown (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a refundable tax credit to taxpayers who provide reductions in rent to their tenants under State rental reduction programs, and for other purposes.
1. Short title This Act may be cited as the Renters Tax Credit Act of 2021 . 2. Renters 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 inserting after section 36B the following new section: 36C. Renters credit (a) Determination of credit amount (1) In general 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 amounts determined under paragraph (2) for all qualified buildings with a credit period which includes months occurring during the taxable year. (2) Qualified building amount The amount determined under this paragraph with respect to any qualified building for any taxable year shall be an amount equal to the lesser of— (A) the aggregate qualified rental reduction amounts for all eligible units within such building for months occurring during the taxable year which are within the credit period for such building, or (B) the rental reduction credit amount allocated to such building for such months. (3) Qualified building For purposes of this section— (A) In general The term qualified building means any building which is residential rental property (as defined in section 168(e)(2)(A)) of the taxpayer with respect to which— (i) a rental reduction credit amount has been allocated by a rental reduction credit agency of a State, and (ii) a qualified rental reduction agreement is in effect. (B) Building not disqualified by other assistance A building shall not fail to be treated as a qualified building merely because— (i) a credit was allowed under section 42 with respect to such building or there was any other Federal assistance in the construction or rehabilitation of such building, (ii) the rehabilitation credit determined under section 47 was allowed under section 38 with respect to such building, or (iii) Federal rental assistance was provided for such building during any period preceding the credit period. (b) Qualified rental reduction amount For purposes of this section— (1) In general The term qualified rental reduction amount means, with respect to any eligible unit for any month, an amount equal to the applicable percentage (as determined under subsection (e)(1)) of the excess of— (A) the applicable rent for such unit, over (B) the family rental payment required for such unit. (2) Applicable rent (A) In general The term applicable rent means, with respect to any eligible unit for any month, the lesser of— (i) the amount of rent which would be charged for a substantially similar unit with the same number of bedrooms in the same building which is not an eligible unit, or (ii) an amount equal to the market rent standard for such unit. (B) Market rent standard (i) In general The market rent standard with respect to any eligible unit is— (I) the small area fair market rent determined by the Secretary of Housing and Urban Development for units with the same number of bedrooms in the same zip code tabulation area, or (II) if there is no rent described in subclause (I) for such area, the fair market rent determined by such Secretary for units with the same number of bedrooms in the same county. (ii) State option A State may in its rental reduction allocation plan provide that the market rent standard for all (or any part) of a zip code tabulation area or county within the State shall be equal to a percentage (not less than 75 nor more than 125) of the amount determined under clause (i) (after application of clause (iii)) for such area or county. (iii) Minimum amount Notwithstanding clause (i), the market rent standard with respect to any eligible unit for any year in the credit period after the first year in the credit period for such unit shall not be less than the market rent standard determined for such first year. (3) Family rental payment requirements (A) In general Each qualified rental reduction agreement with respect to any qualified building shall require that the family rental payment for an eligible unit within such building for any month shall be equal to the lesser of— (i) 30 percent of the monthly family income of the residents of the unit (as determined under subsection (e)(5)), or (ii) the applicable rent for such unit. (B) Utility costs Any utility allowance (determined by the Secretary in the same manner as under section 42(g)(2)(B)(ii)) paid by residents of an eligible unit shall be taken into account as rent in determining the family rental payment for such unit for purposes of this paragraph. (c) Rental reduction credit amount For purposes of this section— (1) Determination of amount (A) In general The term rental reduction credit amount means, with respect to any qualified building, the dollar amount which is allocated to such building (and to eligible units within such building) under this subsection. Such dollar amount shall be allocated to months in the credit period with respect to such building (and such units) on the basis of the estimates described in paragraph (2)(B). (B) Allocation on project basis In the case of a project which includes (or will include) more than 1 building, the rental reduction credit amount shall be the dollar amount which is allocated to such project for all buildings included in such project. Subject to the limitation under subsection (e)(3)(B), such amount shall be allocated among such buildings in the manner specified by the taxpayer unless the qualified rental reduction agreement with respect to such project provides for such allocation. (2) State allocation (A) In general Except as provided in subparagraph (C), each rental reduction credit agency of a State shall each calendar year allocate its portion of the State rental reduction credit ceiling to qualified buildings (and to eligible units within each such building) in accordance with the State rental reduction allocation plan. (B) Allocations to each building The rental reduction credit amount allocated to any qualified building shall not exceed the aggregate qualified rental reduction amounts which such agency estimates will occur over the credit period for eligible units within such building, based on reasonable estimates of rents, family incomes, and vacancies in accordance with procedures established by the State as part of its State rental reduction allocation plan. (C) Specific allocations (i) Nonprofit organizations At least 25 percent of the State rental reduction credit ceiling for any State for any calendar year shall be allocated to qualified buildings in which a qualified nonprofit organization (as defined in section 42(h)(5)(C)) owns (directly or through a partnership) an interest and materially participates (within the meaning of section 469(h)) in the operation of the building throughout the credit period. A State may waive or lower the requirement under this clause for any calendar year if it determines that meeting such requirement is not feasible. (ii) Rural areas (I) In general The State rental reduction credit ceiling for any State for any calendar year shall be allocated to buildings in rural areas (as defined in section 520 of the Housing Act of 1949) in an amount which, as determined by the Secretary of Housing and Urban Development, bears the same ratio to such ceiling as the number of extremely low-income households with severe rent burdens in such rural areas bears to the total number of such households in the State. (II) Alternative 5-year testing period In the case of the 5-calendar year period beginning in 2021, a State shall not be treated as failing to meet the requirements of subclause (I) for any calendar year in such period if, as determined by the Secretary, the average annual amount allocated to such rural areas during such period meets such requirements. (3) Application of allocated credit amount (A) Amount available to taxpayer for all months in credit period Any rental reduction credit amount allocated to any qualified building out of the State rental reduction credit ceiling for any calendar year shall apply to such building for all months in the credit period ending during or after such calendar year. (B) Ceiling for allocation year reduced by entire credit amount Any rental reduction credit amount allocated to any qualified building out of an allocating agency's State rental reduction credit ceiling for any calendar year shall reduce such ceiling for such calendar year by the entire amount so allocated for all months in the credit period (as determined on the basis of the estimates under paragraph (2)(B)) and no reduction shall be made in such agency's State rental reduction credit ceiling for any subsequent calendar year by reason of such allocation. (4) State rental reduction credit ceiling (A) In general The State rental reduction credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) the per capita dollar amount multiplied by the State population, or (II) the minimum ceiling amount, plus (ii) the amount of the State rental reduction credit ceiling returned in the calendar year. (B) Return of State ceiling amounts For purposes of subparagraph (A)(ii), except as provided in subsection (d)(2), the amount of the State rental reduction credit ceiling returned in a calendar year equals the amount of the rental reduction credit amount allocated to any building which, after the close of the calendar year for which the allocation is made— (i) is canceled by mutual consent of the rental reduction credit agency and the taxpayer because the estimates made under paragraph (2)(B) were substantially incorrect, or (ii) is canceled by the rental reduction credit agency because the taxpayer violates the qualified rental reduction agreement and, under the terms of the agreement, the rental reduction credit agency is authorized to cancel all (or any portion) of the allocation by reason of the violation. (C) Per capita dollar amount; minimum ceiling amount For purposes of this paragraph— (i) Per capita dollar amount The per capita dollar amount is— (I) for calendar year 2021, $12.30, (II) for calendar year 2022, $24.50, and (III) for calendar years 2023 and thereafter, $36.75. (ii) Minimum ceiling amount The minimum ceiling amount is— (I) for calendar year 2021, $14,000,000, (II) for calendar year 2022, $28,000,000, and (III) for calendar years 2023 and thereafter, $42,000,000. (iii) Cost-of-living adjustment In the case of a calendar year beginning after 2023, the $36.75 and $42,000,000 amounts in clauses (i)(III) and (ii)(III) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. In the case of the $42,000,000 amount, any increase under this clause which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000 and in the case of the $36.75 amount, any increase under this clause which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (D) Population For purposes of this paragraph, population shall be determined in accordance with section 146(j). (E) Unused rental reduction credit allocated among certain States (i) In general The unused rental reduction credit of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. (ii) Unused rental reduction credit For purposes of this subparagraph, the unused rental reduction credit of a State for any calendar year is the excess (if any) of— (I) the State rental reduction credit ceiling for the year preceding such year, over (II) the aggregate rental reduction credit amounts allocated for such year. (iii) Formula for allocation of unused credit among qualified States The amount allocated under this subparagraph to a qualified State for any calendar year shall be the amount determined by the Secretary to bear the same ratio to the aggregate unused rental reduction credits of all States for the preceding calendar year as such State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). (iv) Qualified State For purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I) which allocated its entire State rental reduction credit ceiling for the preceding calendar year, and (II) for which a request is made (at such time and in such manner as the Secretary may prescribe) to receive an allocation under clause (iii). (5) Other definitions For purposes of this section— (A) Rental reduction credit agency The term rental reduction credit agency means any agency authorized by a State to carry out this section. Such authorization shall include the jurisdictions within the State where the agency may allocate rental reduction credit amounts. (B) Possessions treated as States The term State includes a possession of the United States. (C) Family The term family has the same meaning as when used in the United States Housing Act of 1937. (d) Modifications To correct inaccurate amounts due to incorrect estimates (1) Establishment of reserves (A) In general Each rental reduction credit agency of a State shall establish a reserve for the transfer and reallocation of amounts pursuant to this paragraph, and notwithstanding any other provision of this section, the rental reduction credit amount allocated to any building by such agency shall be zero unless such agency has in effect such a reserve at the time of the allocation of such credit amount. (B) Transfers to reserve (i) In general If, for any taxable year, a taxpayer would (but for this subparagraph) not be able to use the entire rental reduction credit amount allocated to a qualified building by a rental reduction credit agency of a State for the taxable year because of a rental reduction shortfall, then the taxpayer shall for the taxable year transfer to the reserve established by such agency under subparagraph (A) an amount equal to such rental reduction shortfall. (ii) Rental reduction shortfall For purposes of this subparagraph, the rental reduction shortfall for any qualified building for any taxable year is the amount by which the aggregate amount of the excesses determined under subsection (b)(1) for all eligible units within such building are less than such aggregate amount estimated under subsection (c)(2)(B) for the taxable year. (iii) Treatment of transferred amount For purposes of subsection (a)(2)(A), the aggregate qualified rental reduction amounts for all eligible units within a qualified building with respect to which clause (i) applies for any taxable year shall be increased by an amount equal to the applicable percentage (determined under subsection (e)(1) for the building) of the amount of the transfer to the reserve under clause (i) with respect to such building for such taxable year. (C) Reallocation of amounts transferred (i) In general If, for any taxable year— (I) the aggregate qualified rental reduction amounts for all eligible units within a qualified building for the taxable year exceed (II) the rental reduction credit amount allocated to such building by a rental reduction credit agency of a State for the taxable year (determined after any increase under paragraph (2)), the rental reduction credit agency shall, upon application of the taxpayer, pay to the taxpayer from the reserve established by such agency under subparagraph (A) the amount which, when multiplied by the applicable percentage (determined under subsection (e)(1) for the building), equals such excess. If the amount in the reserve is less than the amounts requested by all taxpayers for taxable years ending within the same calendar year, the agency shall ratably reduce the amount of each payment otherwise required to be made. (ii) Excess reserve amounts If a rental reduction credit agency of a State determines that the balance in its reserve is in excess of the amounts reasonably needed over the following 5 calendar years to make payments under clause (i), the agency may withdraw such excess but only to— (I) reduce the rental payments of eligible tenants in a qualified building in units other than eligible units, or of eligible tenants in units in a building other than a qualified building, to amounts no higher than the sum of rental payments required for eligible tenants in qualified buildings under subsection (b)(3) and any rental charges to such tenants in excess of the market rent standard; or (II) address maintenance and repair needs in qualified buildings that cannot reasonably be met using other resources available to the owners of such buildings. (D) Administration Each rental reduction credit agency of a State shall establish procedures for the timing and manner of transfers and payments made under this paragraph. (E) Special rule for projects In the case of a rental reduction credit allocated to a project consisting of more than 1 qualified building, a taxpayer may elect to have this paragraph apply as if all such buildings were 1 qualified building if the applicable percentage for each such building is the same. (F) Alternative methods of transfer and reallocation Upon request to, and approval by, the Secretary, a State may establish an alternative method for the transfer and reallocation of amounts otherwise required to be transferred to, and allocated from, a reserve under this paragraph. Any State adopting an alternative method under this subparagraph shall, at such time and in such manner as the Secretary prescribes, provide to the Secretary and the Secretary of Housing and Urban Development detailed reports on the operation of such method, including providing such information as such Secretaries may require. (2) Allocation of returned State ceiling amounts In the case of any rental reduction credit amount allocated to a qualified building which is canceled as provided in subsection (c)(4)(B)(i), the rental reduction credit agency may, in lieu of treating such allocation as a returned credit amount under subsection (c)(4)(A)(ii), elect to allocate, upon the request of the taxpayer, such amount to any other qualified building for which the credit amount allocated in any preceding calendar year was too small because the estimates made under subsection (c)(2)(B) were substantially incorrect. (3) Renting to noneligible tenants If, after the application of paragraphs (1)(C) (or any similar reallocation under paragraph (1)(F)) and (2), a rental reduction credit agency of a State determines that, because of the incorrect estimates under subsection (c)(2)(B), the aggregate qualified rental reduction amounts for all eligible units within a qualified building will (on an ongoing basis) exceed the rental reduction credit amount allocated to such building, a taxpayer may elect, subject to subsection (g)(2) and only to the extent necessary to eliminate such excess, rent vacant eligible units without regard to the requirements that such units be rented only to eligible tenants and at the rental rate determined under subsection (b)(3). (e) Terms relating to rental reduction credit and requirements For purposes of this section— (1) Applicable percentage (A) In general The term applicable percentage means, with respect to any qualified building, the percentage (not greater than 110 percent) set by the rental reduction credit agency at the time it allocates the rental reduction dollar amount to such building. (B) Higher percentage for high-opportunity areas The rental reduction credit agency may set a percentage under subparagraph (A) up to 120 percent for any qualified building which— (i) targets its eligible units for rental to families with children, and (ii) is located in a neighborhood which has a poverty rate of no more than 10 percent. (2) Credit period (A) In general The term credit period means, with respect to any qualified building, the 15-year period beginning with the first month for which the qualified rental reduction agreement is in effect with respect to such building. (B) State option to reduce period A rental reduction credit agency may provide a credit period for any qualified building which is less than 15 years. (3) Eligible unit (A) In general The term eligible unit means, with respect to any qualified building, a unit— (i) which is occupied by an eligible tenant, (ii) the rent of which for any month equals 30 percent of the monthly family income of the residents of such unit (as determined under paragraph (5)), (iii) with respect to which the tenant is not concurrently receiving rental assistance under any other Federal program, and (iv) which is certified to the rental reduction credit agency as an eligible unit for purposes of this section and the qualified rental reduction agreement. Notwithstanding clause (iii), a State may provide in its State rental reduction allocation plan that an eligible unit shall also not include a unit with respect to which any resident is receiving rental assistance under a State or local program. (B) Limitation on number of units (i) In general The number of units which may be certified as eligible units with respect to any qualified building under subparagraph (A)(iv) at any time shall not exceed the greater of— (I) 40 percent of the total units in such building, or (II) 25 units. In the case of an allocation to a project under subsection (c)(1)(B), the limitation under the preceding sentence shall be applied on a project basis and the certification of such eligible units shall be allocated to each building in the project, except that if buildings in such project are on non-contiguous tracts of land, buildings on each such tract shall be treated as a separate project for purposes of applying this sentence. (ii) Buildings receiving previous Federal rental assistance If, at any time prior to the entering into of a qualified rental reduction agreement with respect to a qualified building, tenants in units within such building had been receiving project-based rental assistance under any other Federal program, then, notwithstanding clause (i), the maximum number of units which may be certified as eligible units with respect to the building under subparagraph (A)(iv) shall not be less than the sum of— (I) the maximum number of units in the building previously receiving such assistance at any time before the agreement takes effect, plus (II) the amount determined under clause (i) without taking into account the units described in subclause (I). (4) Eligible tenant (A) In general The term eligible tenant means any individual if the individual's family income does not exceed the greater of— (i) 30 percent of the area median gross income (as determined under section 42(g)(1)), or (ii) the applicable poverty line for a family of the size involved. (B) Treatment of individuals whose incomes rise above limit (i) In general Notwithstanding an increase in the family income of residents of a unit above the income limitation applicable under subparagraph (A), such residents shall continue to be treated as eligible tenants if the family income of such residents initially met such income limitation and such unit continues to be certified as an eligible unit under this section. (ii) No rental reduction for at least 2 years A qualified rental reduction agreement with respect to a qualified building shall provide that if, by reason of an increase in family income described in clause (i), there is no qualified rental reduction amount with respect to the dwelling unit for 2 consecutive years, the taxpayer shall rent the next available unit to an eligible tenant (without regard to whether such unit is an eligible unit under this section). (C) Applicable poverty line The term applicable poverty line means the most recently published poverty line (within the meaning of section 2110(c)(5) of the Social Security Act ( 42 U.S.C. 1397jj(c)(5) )) as of the time of the determination as to whether an individual is an eligible tenant. (5) Family income (A) In general Family income shall be determined in the same manner as under section 8 of the United States Housing Act of 1937. (B) Time for determining income (i) In general Except as provided in this subparagraph, family income shall be determined at least annually on the basis of income for the preceding calendar year. (ii) Families on fixed income If at least 90 percent of the family income of the residents of a unit at the time of any determination under clause (i) is derived from payments under title II or XVI of the Social Security Act (or any similar fixed income amounts specified by the Secretary), the taxpayer may elect to treat such payments (or amounts) as the family income of such residents for the year of the determination and the 2 succeeding years, except that the taxpayer shall, in such manner as the Secretary may prescribe, adjust such amount for increases in the cost of living. (iii) Initial income The Secretary may allow a State to provide that the family income of residents at the time such residents first rent a unit in a qualified building may be determined on the basis of current or anticipated income. (iv) Special rules where family income is reduced If residents of a unit establish (in such manner as the rental reduction credit agency provides) that their family income has been reduced by at least 10 percent below such income for the determination year— (I) such residents may elect, at such time and in such manner as such agency may prescribe, to have their family income redetermined, and (II) clause (ii) shall not apply to any of the 2 succeeding years described in such clause which are specified in the election. (f) State rental reduction allocation plan (1) Adoption of plan required (A) In general For purposes of this section— (i) each State shall, before the allocation of its State rental reduction credit ceiling, establish and have in effect a State rental reduction allocation plan, and (ii) notwithstanding any other provision of this section, the rental reduction credit amount allocated to any building shall be zero unless such amount was allocated pursuant to a State rental reduction allocation plan. Such plan shall only be adopted after such plan is made public and at least 60 days has been allowed for public comment. (B) State rental reduction allocation plan For purposes of this section, the term State rental reduction allocation plan means, with respect to any State, any plan of the State meeting the requirements of paragraphs (2) and (3). (2) General plan requirements A plan shall meet the requirements of this paragraph only if— (A) the plan sets forth the criteria and priorities which a rental reduction credit agency of the State shall use in allocating the State rental reduction credit ceiling to eligible units within a building, (B) the plan provides that no credit allocation shall be made which is not in accordance with the criteria and priorities set forth under subparagraph (A) unless such agency provides a written explanation to the general public for any credit allocation which is not so made and the reasons why such allocation is necessary, and (C) the plan provides that such agency is required to prioritize the renewal of existing credit allocations at the time of the expiration of the qualified rental reduction agreement with respect to the allocation, including, where appropriate, a commitment within a qualified rental reduction agreement that the credit allocation will be renewed if the terms of the agreement have been met and sufficient new credit authority is available. (3) Specific requirements A plan shall meet the requirements of this paragraph only if— (A) the plan provides methods for determining— (i) the amount of rent which would be charged for a substantially similar unit in the same building which is not an eligible unit for purposes of subsection (b)(2)(A)(i), including whether such determination may be made by self-certification or by undertaking rent reasonableness assessments similar to assessments required under section 8(o)(10) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(10) ), (ii) the qualified rental reduction amounts under subsection (c)(2)(B), and (iii) the applicable percentage under subsection (e)(1), (B) the plan provides a procedure that the rental reduction credit agency (or an agent or other private contractor of such agency) will follow in monitoring for— (i) noncompliance with the provisions of this section and the qualified rental reduction agreement and in notifying the Internal Revenue Service of any such noncompliance of which such agency becomes aware, and (ii) noncompliance with habitability standards through regular site visits, (C) the plan requires a person receiving a credit allocation to report to the rental reduction credit agency such information as is necessary to ensure compliance with the provisions of this section and the qualified rental reduction agreement, and (D) the plan provides methods by which any excess reserve amounts which become available under subsection (d)(1)(C)(ii) will be used to reduce rental payments of eligible tenants or to address maintenance and repair needs in qualified buildings, including how such assistance will be allocated among eligible tenants and qualified buildings. (g) Qualified rental reduction agreement For purposes of this section— (1) In general The term qualified rental reduction agreement means, with respect to any building which is residential rental property (as defined in section 168(e)(2)(A)), a written, binding agreement between a rental reduction credit agency and the taxpayer which specifies— (A) the number of eligible units within such building for which a rental reduction credit amount is being allocated, (B) the credit period for such building, (C) the rental reduction credit amount allocated to such building (and dwelling units within such building) and the portion of such amount allocated to each month within the credit period under subsection (c)(2)(B), (D) the applicable percentage to be used in computing the qualified rental reduction amounts with respect to the building, (E) the method for determining the amount of rent which may be charged for eligible units within the building, and (F) whether— (i) the agency commits to entering into a new agreement with the taxpayer if the terms of the agreement have been met and sufficient new credit authority is available for such new agreement, and (ii) the taxpayer is required to accept such new agreement. (2) Tenant protections A qualified rental reduction agreement shall provide the following: (A) Non-displacement of non-eligible tenants A taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict (other than for good cause) a tenant of a unit who is not an eligible tenant at any time during the credit period and such unit shall not be treated as an eligible unit while such tenant resides there. (B) Only good cause evictions of eligible tenants A taxpayer receiving a rental reduction credit amount may not refuse to renew the lease of or evict (other than for good cause) an eligible tenant of an eligible unit. (C) Mobility A taxpayer receiving a rental reduction credit amount shall— (i) give priority to rent any available unit of suitable size to tenants who are eligible tenants who are moving from another qualified building where such tenants had lived at least 1 year and were in good standing, and (ii) inform eligible tenants within the building of their right to move after 1 year and provide a list maintained by the State of qualified buildings where such tenants might move. (iii) Fair housing and civil rights If a taxpayer receives a rental reduction credit amount— (I) such taxpayer shall comply with the Fair Housing Act with respect to the building, and (II) the receipt of such amount shall be treated as the receipt of Federal financial assistance for purposes of applying any Federal civil rights laws. (iv) Admissions preferences A taxpayer receiving a rental reduction credit amount shall comply with any admissions preferences established by the State for tenants within particular demographic groups eligible for health or social services. (3) Compliance requirements A qualified rental reduction agreement shall provide that a taxpayer receiving a rental reduction credit amount shall comply with all reporting and other procedures established by the State to ensure compliance with this section and such agreement. (4) Projects In the case of a rental reduction credit allocated to a project consisting of more than 1 building, the rental reduction credit agency may provide for a single qualified rental reduction agreement which applies to all buildings which are part of such project. (h) Certifications and other reports to Secretary (1) Certification with respect to 1st year of credit period Following the close of the 1st taxable year in the credit period with respect to any qualified building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes)— (A) the information described in subsection (g)(1) required to be contained in the qualified rental reduction agreement with respect to the building, and (B) such other information as the Secretary may require. In the case of a failure to make the certification required by the preceding sentence on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, no credit shall be allowable by reason of subsection (a) with respect to such building for any taxable year ending before such certification is made. (2) Annual reports to the Secretary The Secretary may require taxpayers to submit an information return (at such time and in such form and manner as the Secretary prescribes) for each taxable year setting forth— (A) the information described in paragraph (1)(A) for the taxable year, and (B) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the return required by the Secretary under the preceding sentence on the date prescribed therefor. (3) Annual reports from rental reduction credit agency (A) Reports Each rental reduction credit agency which allocates any rental reduction credit amount to 1 or more buildings for any calendar year shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual report specifying— (i) the amount of rental reduction credit amounts allocated to each such building for such year, (ii) sufficient information to identify each such building and the taxpayer with respect thereto, (iii) information as to the demographic and income characteristics of eligible tenants of all such buildings to which such amounts were allocated, and (iv) such other information as the Secretary may require. (B) Penalty The penalty under section 6652(j) shall apply to any failure to submit the report required by subparagraph (A) on the date prescribed therefor. (C) Information made public The Secretary shall, in consultation with Secretary of Housing and Urban Development, make information reported under this paragraph for each qualified building available to the public annually to the greatest degree possible without disclosing personal information about individual tenants. (i) Special rule for payments to partnerships and S corporations For purposes of this subtitle, in the case of any qualified building directly held by any partnership or S corporation, the payment under section 6433 shall be made in lieu of the credit determined under this section with respect to such building. (j) Regulations and guidance The Secretary shall prescribe such regulations or guidance as may be necessary to carry out the purposes of this section, including— (1) providing necessary forms and instructions, and (2) providing for proper treatment of projects for which a credit is allowed both under this section and section 42. . (b) Payment to partnerships and S corporations in lieu of credit (1) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Payments in lieu of renters credit for partnerships and S corporations (a) In general In the case of any qualified building (as defined in section 36C(a)(3)) directly held by any partnership or S corporation, the Secretary shall pay to such partnership or S corporation for any taxable year an amount equal to the amount of the credit which, but for section 36C(i), would be allowed under section 36C with respect to such building. (b) Regulatory authority The Secretary shall prescribe such regulations, rules, and guidance as may be necessary to carry out section 36C(i), section 92, and this section, including regulations, rules, and guidance providing for— (1) the application of the rules under section 36C with respect to payments under this section in the same manner as such rules apply for purposes of the credit under section 36C, (2) the time and manner of payments under subsection (a), and (3) the determination of a partner's distributive share, or an S corporation shareholder's pro rata share, of any payment under subsection (a). . (2) Conforming amendment The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6433. Payments in lieu of renters credit for partnerships and S corporations. . (c) Credit includible in gross income (1) In general Part II of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 92. Inclusion in income of renters credit and payments Gross income includes the amount of the credit allowed to the taxpayer under section 36C for the taxable year and the amount of any payment in lieu of such credit under section 6433. . (2) Income disregarded for alternative minimum taxable income Section 56(a) of such Code is amended by adding at the end the following: (8) Section 92 not applicable Section 92 (relating to inclusion in income of renters credit) shall not apply. . (3) Conforming amendment The table of sections for part II of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 92. Inclusion in income of renters credit and payments. . (d) Administrative fees No provision of, or amendment made by, this Act shall be construed to prevent a rental reduction credit agency of a State from imposing fees to cover its costs or from levying any such fee on a taxpayer applying for or receiving a rental reduction credit amount. (e) Other conforming amendments (1) Section 6211(b)(4) of the Internal Revenue Code of 1986 is amended by inserting 36C (including any related payment under section 6433), after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C (including any related payment under section 6433), after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Renters credit. . (f) Effective date The amendments 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-117s2554is/xml/BILLS-117s2554is.xml
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117-s-2555
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II 117th CONGRESS 1st Session S. 2555 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the PFAS Exposure Assessment and Documentation Act . 2. Perfluoroalkyl and polyfluoroalkyl substances task force of Department of Defense (a) In general The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Sustainment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) A liaison from the Department of Veterans Affairs to be determined by the Secretary of Veterans Affairs. (c) Chairman The Assistant Secretary of Defense for Sustainment shall be the chairman of the PFAS Task Force. (d) Support The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties The duties of the PFAS Task Force are the following: (1) Analysis of the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances. (2) Establishment of clean-up standards and performance requirements relating to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (3) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (4) Establishment of standards that are supported by science for determining exposure to and ensuring clean up of perfluoroalkyl substances and polyfluoroalkyl substances. (5) Establishment of interagency coordination with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (6) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. 3. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as part of periodic health assessments (a) Periodic health assessment The Secretary of Defense shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been— (1) based or stationed at a military installation identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or (2) exposed to such substances, including by evaluating any information in the health record of the member. (b) Separation history and physical examinations Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was— (i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or (ii) exposed to such substances, including by assessing any information in the health record of the member. . (c) Deployment assessments Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) An assessment of whether the member was— (i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or (ii) exposed to such substances, including by assessing any information in the health record of the member. . 4. Provision of blood testing for members of the Armed Forces, former members of the Armed Forces, and their families to determine exposure to perfluoroalkyl substances or polyfluoroalkyl substances (a) Members of the Armed Forces (1) In general If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, blood testing to determine and document potential exposure to such substances. (2) Inclusion in health record The results of blood testing of a member of the Armed Forces conducted under paragraph (1) shall be included in the health record of the member. (b) Former members of the Armed Forces and family members The Secretary shall pay for blood testing to determine and document potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances for any covered individual, at the election of the individual, either through the TRICARE program for individuals otherwise eligible for such program or through the use of vouchers to obtain such testing. (c) Definitions In this section: (1) Covered evaluation The term covered evaluation means— (A) a periodic health assessment conducted in accordance with section 3(a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c). (2) Covered individual The term covered individual means a former member of the Armed Forces or a family member of a member or former member of the Armed Forces who lived at a location (or the surrounding area of such a location) identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the individual lived at that location (or surrounding area). (3) TRICARE program The term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code. 5. Documentation of exposure to perfluoroalkyl substances or polyfluoroalkyl substances (a) Sharing of information The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to perfluoroalkyl substances or polyfluoroalkyl substances. (b) Registry (1) Establishment The Secretary of Defense shall establish a registry of members of the Armed Forces who have been exposed to, or are suspected to have been exposed to, perfluoroalkyl substances or polyfluoroalkyl substances. (2) Inclusion in registry The Secretary shall include a member of the Armed Forces in the registry established under paragraph (1) if a covered evaluation of the member establishes that the member— (A) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (B) was exposed to such substances. (3) Blood testing The results of any blood test conducted under section 4(a) shall be included in the registry established under paragraph (1) for any member of the Armed Forces included in the registry. (4) Election A member of the Armed Forces may elect not to be included in the registry established under paragraph (1). (c) Provision of information The Secretary of Defense shall provide to a member of the Armed Forces more information on perfluoroalkyl substances and polyfluoroalkyl substances and the potential impact of exposure to such substances if a covered evaluation of such member establishes that the member— (1) was based or stationed at a location identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the location; or (2) was exposed to such substances. (d) Rule of construction Nothing in this section may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the exposure of the veteran to perfluoroalkyl substances or polyfluoroalkyl substances not being recorded in a covered evaluation. (e) Covered evaluation defined In this section, the term covered evaluation means— (1) a periodic health assessment conducted in accordance with section 3(a); (2) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by section 3(b); and (3) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by section 3(c).
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https://www.govinfo.gov/content/pkg/BILLS-117s2555is/xml/BILLS-117s2555is.xml
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117-s-2556
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II 117th CONGRESS 1st Session S. 2556 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Warner (for himself, Mr. Daines , Ms. Duckworth , Mr. Grassley , Mr. Cornyn , and Mr. Cassidy ) 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 protect beneficiaries with limb loss and other orthopedic conditions by providing access to appropriate, safe, effective, patient-centered orthotic and prosthetic care, to reduce fraud, waste, and abuse with respect to orthotics and prosthetics, and for other purposes.
1. Short title This Act may be cited as the Medicare Orthotics and Prosthetics Patient-Centered Care Act . 2. Increasing protections for beneficiaries receiving orthotic and prosthetic care under the Medicare program (a) Distinguishing orthotists and prosthetists from suppliers of durable medical equipment and supplies Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended— (1) in subsection (j)(5), by striking subparagraph (C) and redesignating the subsequent subparagraphs accordingly; and (2) by adding at the end the following new subsection: (z) Requirements for orthotists and prosthetists (1) Issuance and renewal of supplier number (A) Payment (i) In general No payment may be made under this part to an orthotic or prosthetic supplier unless such orthotic or prosthetic supplier obtains (and renews at such intervals as the Secretary may require) a supplier number. (ii) Clarification regarding providers under part A Nothing in clause (i) shall prohibit a provider otherwise permitted to receive payment for orthotics and prosthetics under part A from continuing to receive payment under such part without interruption. (B) Standards for possessing a supplier number An orthotic or prosthetic supplier may only obtain a supplier number if the supplier meets standards prescribed by the Secretary that include requirements that the orthotic or prosthetic supplier (and, where applicable, the orthotist or prosthetist)— (i) licensure and accreditation— (I) complies with all applicable State and Federal licensure and regulatory requirements; and (II) acquires accreditation from the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or the Board of Certification/Accreditation, International, or other accreditation entity that the Secretary determines has standards that are equivalent to the standards of such Boards; (ii) maintains a physical facility on an appropriate site; (iii) has proof of appropriate liability insurance; and (iv) meets such other requirements as the Secretary shall specify. (C) Prohibition against multiple supplier numbers The Secretary may not issue more than one supplier number to any orthotic or prosthetic supplier unless the Secretary finds that the issuance of more than one number is appropriate to identify other entities under the ownership or control of the orthotic or prosthetic supplier. (2) Order for orthotics or prosthetics (A) Information provided by orthotists and prosthetists on detailed written orders for orthotics and prosthetics An orthotist or prosthetist may distribute to physicians, physician assistants, nurse practitioners, clinical nurse specialists, or individuals entitled to benefits under this part, a detailed written order for orthotics or prosthetics (as defined in paragraph (5)) for commercial purposes that contains the following information: (i) The identification of— (I) the orthotic or prosthetic supplier; and (II) the individual to whom the orthotics or prosthetics are furnished. (ii) The identification of the treating physician, physician assistant, nurse practitioner, or clinical nurse specialist. (iii) A description of the orthotics or prosthetics ordered. (iv) The date of the order described in this subparagraph. (B) Information on coding and descriptors of components provided If an orthotist or prosthetist distributes a detailed written order for orthotics or prosthetics described in subparagraph (A), the orthotist or prosthetist shall also list on the order the summary descriptors of the items and services being recommended prior to submission of the order to the treating physician for approval. (C) Signature by treating physician A detailed written order for orthotics or prosthetics described in subparagraph (A) shall be signed by the treating physician. (3) Limitation on patient liability Except as provided in paragraph (4), if an orthotist or prosthetist— (A) furnishes an orthosis or prosthesis to a beneficiary for which no payment may be made under this part; or (B) subject to section 1879, furnishes an orthosis or prosthesis to a beneficiary for which payment is denied under section 1862(a)(1), any expenses incurred for the orthosis or prosthesis furnished to an individual by the orthotist or prosthetist not on an assigned basis shall be the responsibility of such orthotist or prosthetist. The individual shall have no financial responsibility for such expenses and the orthotist or prosthetist shall refund on a timely basis to the individual (and shall be liable to the individual for) any amounts collected from the individual for such items and services. The provisions of subsection (a)(18) shall apply to refunds required under the previous sentence in the same manner as such provisions apply to refunds under such subsection. (4) Patient liability If an orthotist or prosthetist furnishes an orthosis or prosthesis to a patient for which payment is denied in advance under subsection (a)(15), expenses incurred for such orthosis or prosthesis furnished to the individual by the orthotist or prosthetist shall be the responsibility of the individual. (5) Definitions In this subsection: (A) Detailed written order for orthotics or prosthetics (i) In general The term detailed written order for orthotics or prosthetics means a form or other document prepared by an orthotist or prosthetist and signed by the physician (as defined by section 1861(r)) that contains information required by the Secretary to show that an orthosis or prosthesis is reasonable and necessary for the treatment of an illness or injury or to improve the functioning of a malformed body member. (ii) Clarification The detailed written order for orthotics or prosthetics shall not be considered alone for purposes of determining the reasonableness, medical necessity, and functional level (applicable to prosthetics) of orthotics and prosthetics. (B) Orthotics and prosthetics The term orthotics and prosthetics has the meaning given that term in section 1834(h)(4)(C). (C) Orthotist or prosthetist The term orthotist or prosthetist means an individual who is specifically trained and educated in the provision of, and patient care management related to, prosthetics and custom-fabricated or custom-fit orthotics, and— (i) in the case of a State that provides for the licensing of orthotists and prosthetists, is licensed by the State in which the orthotics or prosthetics were supplied; or (ii) in the case of a State that does not provide for the licensing of orthotists and prosthetists, is certified by the American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. or by the Board of Certification/Accreditation, International, or is certified and approved by an entity that the Secretary determines has certification and approval standards that are essentially equivalent to the certification and approval standards of such Boards. . (b) Prohibiting payment for certain orthotics and prosthetics Section 1834(h)(1) of the Social Security Act ( 42 U.S.C. 1395m(h)(1) ) is amended by adding at the end the following new subparagraph: (I) Special payment rules for orthotics or prosthetics (i) In general No payment shall be made under this subsection for— (I) a prosthesis (excluding prosthetic supplies) that is delivered by drop shipment; (II) a custom-fabricated or custom-fitted orthosis (excluding orthotic supplies) described in subparagraph (F)(ii) that is delivered by drop shipment; and (III) an orthotic item that is not otherwise competitively bid that is delivered by drop shipment. (ii) Drop shipment defined In this subparagraph, the term drop shipment means the shipping of an orthosis or prosthesis to a beneficiary without receiving from a trained, educated, and certified or licensed health care practitioner, orthotist, or prosthetist direct patient care with respect to assessing, adjusting, and training in the care and use of the orthosis or prosthesis. . (c) Standardizing the definitions of orthotics and prosthetics Section 1834(h)(4) of the Social Security Act ( 42 U.S.C. 1395m(h)(4) ) is amended— (1) in subparagraph (B), by striking at the end and ; (2) in subparagraph (C)— (A) by striking the term orthotics and prosthetics has the meaning given such term and inserting the terms orthotics and prosthetics and orthoses and prostheses have the meaning given such terms ; and (B) by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (C), as amended by paragraph (2), the following new subparagraph: (D) the terms prosthetics and prostheses refer to a device (including the clinical services associated with such device) that replaces all or part of a limb. . (d) Limitation of competitive acquisition for off-the-Shelf orthotics Section 1847(a) of the Social Security Act ( 42 U.S.C. 1395w–3(a) ) is amended— (1) in paragraph (2)(C), by inserting by the patient (and not by another person) after minimal self-adjustment ; and (2) in paragraph (7)(A)(i)— (A) by inserting , orthotist or prosthetist (as defined in section 1834(z)(5)(C)), after by a physician ; (B) by inserting , orthotist’s or prosthetist’s, after to the physician’s ; and (C) by inserting , orthotist’s or prosthetist’s, after of the physician’s . (e) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to implement the provisions of, and amendments made by, this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2556is/xml/BILLS-117s2556is.xml
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117-s-2557
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II 117th CONGRESS 1st Session S. 2557 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Portman (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require certain transportation projects to include a value-for-money analysis, and for other purposes.
1. Value for money analysis (a) In general Notwithstanding any other provision of law, in the case of a project described in subsection (b), the entity carrying out the project shall, during the planning and project development process, conduct a value for money analysis of the project, which shall include an evaluation of— (1) the life-cycle cost and project delivery schedule; (2) the costs of using public funding versus private financing for the project; (3) a description of the key assumptions made in developing the analysis, including— (A) an analysis of any Federal grants and subsidies received or expected (including tax depreciation costs); (B) the key terms of the proposed public-private partnership agreement, if applicable (including the expected rate of return for private debt and equity); (C) a discussion of the benefits and costs associated with the allocation of risk; (D) the determination of risk premiums assigned to various project delivery scenarios; (E) any user fee revenue generated by the project; and (F) any externality benefits for the public generated by the project; and (4) any other information the Secretary of Transportation determines to be appropriate. (b) Project described A project referred to in subsection (a) is a transportation project— (1) with an estimated total cost of more than $750,000,000; (2) carried out— (A) by a State, territory, Indian Tribe, unit of local government, transit agency, port authority, metropolitan planning organization, airport authority, or other political subdivision of a State or local government; and (B) in a State in which there is in effect a State law authorizing the use and implementation of public-private partnerships for transportation projects; and (3) that is carried out with— (A) assistance under the TIFIA program under chapter 6 of title 23, United States Code; or (B) assistance under the Railroad Rehabilitation and Improvement Financing Program of the Federal Railroad Administration established under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 et seq. ). (c) Reporting requirements (1) Project reports For each project described in subsection (b), the entity carrying out the project shall— (A) include the results of the analysis under subsection (a) on the website of the project; and (B) submit the results of the analysis to the Build America Bureau and the Secretary of Transportation. (2) Report to Congress The Secretary of Transportation, in coordination with the Build America Bureau, shall— (A) compile the analyses submitted under paragraph (1)(B); and (B) submit to Congress a report that— (i) includes the analyses submitted under paragraph (1)(B); (ii) describes— (I) the use of private financing for projects described in subsection (b); and (II) the benefits of conducting a value for money analysis; and (iii) identifies best practices for private financing of projects described in subsection (b). (d) Guidance The Secretary of Transportation, in coordination with the Build America Bureau, shall issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for projects described in subsection (b).
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https://www.govinfo.gov/content/pkg/BILLS-117s2557is/xml/BILLS-117s2557is.xml
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117-s-2558
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II 117th CONGRESS 1st Session S. 2558 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Marshall (for himself and Mr. Rounds ) 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 incentives for livestock processing facilities.
1. Short title This Act may be cited as the Feed America by Incentivizing Rural Meat Packing Act or as the FAIR Meat Packing Act . 2. Credit for livestock processing facilities (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: 48D. Livestock processing facilities credit (a) In general For purposes of section 46, the livestock processing facilities credit for any taxable year is an amount equal to 25 percent of the basis of each livestock processing facility property placed in service by the taxpayer during such taxable year. (b) Limitation on credit amount The credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $250,000. (c) Exclusion of certain large processors No credit shall be allowed under subsection (a) to any taxpayer for any taxable year if the gross receipts (within the meaning of section 448(c) of the Internal Revenue Code of 1986) of such taxpayer for such taxable year exceed $100,000,000. (d) Livestock processing facility property For purposes of this section— (1) In general The term livestock processing facility property means property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and which is part of a livestock processing facility. (2) Trade or business requirement The term livestock processing facility property shall not include any property unless such property is used in the taxpayer’s trade or business of processing livestock. (e) Other definitions For purposes of this section— (1) Livestock processing facility The term livestock processing facility means a facility which slaughters livestock for processing into meat and meat products, which participates in a meat and poultry inspection program conducted by the Department of Agriculture or the State in which such facility is located, and at which an average of fewer than 500 employees are employed on business days during the taxable year. Such term shall include any property used for the intake or storage of livestock, the disposal or management of livestock waste, or the packaging, handling, warehousing, or storage of meat products, if such property is located on the same site as such facility. (2) Livestock The term livestock means cattle, sheep, goats, bison, swine, and poultry. (f) 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) Aggregation rule For purposes of subsections (b) and (c), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person and the dollar limitation under subsection (b) shall be allocated in such manner as the Secretary may provide. (3) Election to not have section apply No credit shall be determined under subsection (a) with respect to any taxpayer for any taxable year if such taxpayer make an election under this paragraph (at such time and in such manner as the Secretary may provide) to have such subsection not apply for such taxable year. (g) Termination No credit shall be allowed under subsection (a) with respect to any taxable year beginning after December 31, 2026. . (b) Conforming amendments (1) Section 46 of such Code is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) the livestock processing facilities credit. . (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting a comma, and by adding at the end the following new clause: (vi) the basis of any livestock processing facility property under section 48D. . (3) Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(d)(1) . (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: Sec. 48D. Livestock processing facilities credit. . (c) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act 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). 3. Refundable credit for startup and organizational expenditures with respect to livestock processing facilities (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Credit for startup and organizational expenditures of livestock processing facilities (a) In general There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to 90 percent of the sum of— (1) the qualified livestock processing facility start-up expenditures of the taxpayer for such taxable year, (2) the qualified livestock processing facility corporate organizational expenditures of the taxpayer for such taxable year, plus (3) the qualified livestock processing facility partnership organizational expenditures of the taxpayer for such taxable year. (b) Qualified livestock processing facility start-Up expenditures For purposes of this section, the term qualified livestock processing facility start-up expenditures means, with respect to any taxpayer for any taxable year, the amount which would be allowed as a deduction under section 195 to such taxpayer for such taxable year with respect to any trade or business which slaughters livestock into meat or meat products if— (1) section 195(b)(1)(A)(ii) were applied— (A) by substituting $10,000 for $5,000 , and (B) by substituting $60,000 for $50,000 , and (2) subsection (f) of this section did not apply. (c) Qualified livestock processing facility corporate organizational expenditures For purposes of this section, the term qualified livestock processing facility corporate organizational expenditures means, with respect to any taxable year of any corporation substantially all of the gross receipts (within the meaning of section 448(c) of the Internal Revenue Code of 1986) of which are reasonably expected to be derived from a trade or business which slaughters livestock into meat or meat products, the amount which would be allowed as a deduction under section 248 to such corporation for such taxable year if— (1) section 248(a)(1)(B) were applied— (A) by substituting $10,000 for $5,000 , and (B) by substituting $60,000 for $50,000 , (2) in the case of any entity with a single owner that is disregarded as an entity separate from its owner, section 248 were applied as if such entity were a corporation, and (3) subsection (f) of this section did not apply. (d) Qualified livestock processing facility partnership organizational expenditures For purposes of this section, the term qualified livestock processing facility partnership organizational expenditures means, with respect to any taxable year of any partnership substantially all of the gross receipts (within the meaning of section 448(c) of the Internal Revenue Code of 1986) of which are reasonably expected to be derived from a trade or business which slaughters livestock into meat or meat products, the amount which would be allowed as a deduction under section 709 with respect to such partnership for such taxable year if— (1) section 709(b)(1)(A)(ii) were applied— (A) by substituting $10,000 for $5,000 , and (B) by substituting $60,000 for $50,000 , and (2) subsection (f) of this section did not apply. (e) Livestock For purposes of this section, the term livestock means cattle, elk, reindeer, bison, deer, sheep, goats, swine, and poultry. (f) Denial of double benefit Any deduction or credit allowed under this title (other than this section) with respect to any qualified livestock processing facility start-up expenditures, qualified livestock processing facility corporate organizational expenditures, or qualified livestock processing facility partnership organizational expenditures shall be reduced by the amount of the credit determined under this section. (g) Recapture If any credit is allowed under this section to any taxpayer for any taxable year with respect to any trade or business of processing livestock (including with respect to any entity substantially all of the gross receipts of which are with respect to the trade or business of processing of livestock) and such trade or business ceases to be conducted during the 3-taxable-year period following the taxable in which such credit is so allowed, the tax imposed under this chapter on such taxpayer for the taxable year in which such trade or business ceases shall be increased by the amount of the credit so allowed. (h) Termination No credit shall be allowed under subsection (a) with respect to any taxable year beginning after December 31, 2026. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code 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. Credit for startup and organizational expenditures of livestock processing facilities. . (c) Effective date The amendments made by this section shall apply to taxable year ending after the date of the enactment of this Act.
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117-s-2559
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II 117th CONGRESS 1st Session S. 2559 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Portman (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish the National Deepfake and Digital Provenance Task Force, and for other purposes.
1. Short title This Act may be cited as the Deepfake Task Force Act . 2. National deepfake and digital provenance task force (a) Definitions In this section: (1) Digital content forgery The term digital content forgery means the use of emerging technologies, including artificial intelligence and machine learning techniques, to fabricate or manipulate audio, visual, or text content with the intent to mislead. (2) Digital content provenance The term digital content provenance means the verifiable chronology of the origin and history of a piece of digital content, such as an image, video, audio recording, or electronic document. (3) Eligible entity The term eligible entity means— (A) a private sector or nonprofit organization; or (B) an institution of higher education. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives. (6) Secretary The term Secretary means the Secretary of Homeland Security. (7) Task Force The term Task Force means the National Deepfake and Provenance Task Force established under subsection (b)(1). (b) Establishment of task force (1) Establishment The Secretary, in coordination with the Director of the Office of Science and Technology Policy, shall establish a task force, to be known as the National Deepfake Provenance Task Force , to— (A) investigate the feasibility of, and obstacles to, developing and deploying standards and technologies for determining digital content provenance; (B) propose policy changes to reduce the proliferation and impact of digital content forgeries, such as the adoption of digital content provenance and technology standards; and (C) serve as a formal mechanism for interagency coordination and information sharing to facilitate the creation and implementation of a national strategy to address the growing threats posed by digital content forgeries. (2) Membership (A) Co-chairpersons The following shall serve as co-chairpersons of the Task Force: (i) The Secretary or a designee of the Secretary. (ii) The Director of the Office of Science and Technology Policy or a designee of the Director. (B) Composition The Task Force shall be composed of 12 members, of whom— (i) 4 shall be representatives from the Federal Government, including the co-chairpersons of the Task Force; (ii) 4 shall be representatives from institutions of higher education; and (iii) 4 shall be representatives from private or nonprofit organizations. (C) Appointment Not later than 120 days after the date of enactment of this Act, the co-chairpersons of the Task Force shall appoint members to the Task Force in accordance with subparagraph (A) from among technical experts in— (i) artificial intelligence; (ii) media manipulation; (iii) digital forensics; (iv) secure digital content and delivery; (v) cryptography; or (vi) related subjects. (D) Term of appointment The term of a member of the Task Force shall end on the date described in subsection (g)(1). (E) Vacancy Any vacancy occurring in the membership of the Task Force shall be filled in the same manner in which the original appointment was made. (F) Expenses for non-federal members Members of the Task Force described in clauses (ii) and (iii) of subparagraph (B) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees 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) Coordinated plan (1) In general The Task Force shall develop a coordinated plan to— (A) reduce the proliferation and impact of digital content forgeries, including by exploring how the adoption of a digital content provenance standard could assist with reducing the proliferation of digital content forgeries; (B) develop mechanisms for content creators to— (i) cryptographically certify the authenticity of original media and non-deceptive manipulations; and (ii) enable the public to validate the authenticity of original media and non-deceptive manipulations to establish digital content provenance; and (C) increase the ability of internet companies, journalists, watchdog organizations, other relevant entities, and members of the public to— (i) meaningfully scrutinize and identify potential digital content forgeries; and (ii) relay trust and information about digital content provenance to content consumers. (2) Contents The plan required under paragraph (1) shall include the following: (A) A Government-wide research and development agenda to— (i) improve technologies and systems to detect digital content forgeries; and (ii) relay information about digital content provenance to content consumers. (B) An assessment of the feasibility of, and obstacles to, the deployment of technologies and systems to capture, preserve, and display digital content provenance. (C) An assessment of the feasibility of, and challenges in, distinguishing between— (i) benign or helpful alterations to digital content; and (ii) intentionally deceptive or obfuscating alterations to digital content. (D) A discussion of best practices, including any necessary standards, for the adoption and effective use of technologies and systems to determine digital content provenance and detect digital content forgeries. (E) Conceptual proposals for necessary research projects and experiments to further develop successful technology to ascertain digital content provenance. (F) Proposed policy changes, including changes in law, to— (i) incentivize the adoption of technologies, systems, open standards, or other means to detect digital content forgeries and determine digital content provenance; and (ii) reduce the incidence, proliferation, and impact of digital content forgeries. (G) Recommendations for models for public-private partnerships to fight disinformation and reduce digital content forgeries, including partnerships that support and collaborate on— (i) industry practices and standards for determining digital content provenance; (ii) digital literacy education campaigns and user-friendly detection tools for the public to reduce the proliferation and impact of disinformation and digital content forgeries; (iii) industry practices and standards for documenting relevant research and progress in machine learning; and (iv) the means and methods for identifying and addressing the technical and financial infrastructure that supports the proliferation of digital content forgeries, such as inauthentic social media accounts and bank accounts. (H) An assessment of privacy and civil liberties requirements associated with efforts to deploy technologies and systems to determine digital content provenance or reduce the proliferation of digital content forgeries, including statutory or other proposed policy changes. (I) A determination of metrics to define the success of— (i) technologies or systems to detect digital content forgeries; (ii) technologies or systems to determine digital content provenance; and (iii) other efforts to reduce the incidence, proliferation, and impact of digital content forgeries. (d) Consultations In carrying out subsection (c), the Task Force shall consult with the following: (1) The Director of the National Science Foundation. (2) The National Academies of Sciences, Engineering, and Medicine. (3) The Director of the National Institute of Standards and Technology. (4) The Director of the Defense Advanced Research Projects Agency. (5) The Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence. (6) The Secretary of Energy. (7) The Secretary of Defense. (8) The Attorney General. (9) The Secretary of State. (10) The Federal Trade Commission. (11) The United States Trade Representative. (12) Representatives from private industry and nonprofit organizations. (13) Representatives from institutions of higher education. (14) Such other individuals as the Task Force considers appropriate. (e) Staff (1) In general Staff of the Task Force shall be comprised of detailees with expertise in artificial intelligence or related fields from— (A) the Department of Homeland Security; (B) the Office of Science and Technology Policy; (C) the National Institute of Standards and Technology; or (D) any other Federal agency the co-chairpersons of the Task Force consider appropriate with the consent of the head of the Federal agency. (2) Other assistance (A) In general The co-chairpersons of the Task Force may enter into an agreement with an eligible entity for the temporary assignment of employees of the eligible entity to the Task Force in accordance with this paragraph. (B) Application of ethics rules An employee of an eligible entity assigned to the Task Force under subparagraph (A)— (i) shall be considered a special Government employee for the purpose of Federal law, including— (I) chapter 11 of title 18, United States Code; and (II) the Ethics in Government Act of 1978 (5 U.S.C. App.); and (ii) notwithstanding section 202(a) of title 18, United States Code, may be assigned to the Task Force for a period of not more than 2 years. (C) Financial liability An agreement entered into with an eligible entity under subparagraph (A) shall require the eligible entity to be responsible for any costs associated with the assignment of an employee to the Task Force. (D) Termination The co-chairpersons of the Task Force may terminate the assignment of an employee to the Task Force under subparagraph (A) at any time and for any reason. (f) Task force reports (1) Interim report (A) In general Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2)(C), the Task Force shall submit to the President and the relevant congressional committees an interim report containing the findings, conclusions, and recommendations of the Task Force. (B) Contents The report required under subparagraph (A) shall include specific recommendations for ways to reduce the proliferation and impact of digital content forgeries, including the deployment of technologies and systems to determine digital content provenance. (2) Final report Not later than 180 days after the date of the submission of the interim report under paragraph (1)(A), the Task Force shall submit to the President and the relevant congressional committees a final report containing the findings, conclusions, and recommendations of the Task Force, including the plan developed under subsection (c). (3) Requirements With respect to each report submitted under this subsection— (A) the Task Force shall make the report publicly available; and (B) the report— (i) shall be produced in an unclassified form; and (ii) may include a classified annex. (g) Termination (1) In general The Task Force shall terminate on the date that is 90 days after the date on which the Task Force submits the final report under subsection (f)(2). (2) Records Upon the termination of the Task Force under paragraph (1), each record of the Task Force shall become a record of the National Archives and Records Administration.
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117-s-2560
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II 117th CONGRESS 1st Session S. 2560 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reform the inspection process of housing assisted by the Department of Housing and Urban Development, and for other purposes.
1. Short title This Act may be cited as the HUD Inspection Reform and Capital Improvement Act of 2021 . 2. Definition In this Act, the term Secretary means the Secretary of Housing and Urban Development. 3. Reduction in grade or pay or removal for misconduct or performance of employees of the Department of Housing and Urban Development (a) In general Section 7(c) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c) ) is amended— (1) by striking The Secretary is authorized and inserting the following: “ Employment, compensation, authority, and duties of personnel .— (1) In general The Secretary is authorized ; and (2) by adding at the end the following: (2) Reduction in grade or pay or removal for misconduct or performance of employees (A) Definitions For purposes of this paragraph— (i) the term covered employee — (I) means an individual holding a position in the civil service in the Department; and (II) does not include any individual— (aa) holding in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (bb) holding a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or (cc) holding a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; (ii) the term grade means a level of classification under a position classification system; (iii) the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function; and (iv) the term pay means the rate of basic pay fixed by law or administrative action for the position held by a covered employee. (B) Actions covered This paragraph— (i) applies to a reduction in grade or pay or removal; and (ii) does not apply to— (I) a reduction in grade or pay or removal under section 7512 of title 5, United States Code; (II) a reduction in grade or pay or removal under section 7521 of title 5, United States Code; (III) a removal under section 7532 of title 5, United States Code; or (IV) a removal under section 3592, 3595, or 7543 of title 5, United States Code. (C) Cause and procedure (i) In general Notwithstanding any other provision of law, under regulations prescribed by the Office of Personnel Management, the Secretary may, if the Secretary determines that the misconduct or performance of a covered employee warrants such action— (I) remove the covered employee from the civil service; (II) reduce the grade of the covered employee; or (III) reduce the pay of the covered employee. (ii) Reduction in grade A covered employee subject to a reduction in grade under clause (i)(II) shall, beginning on the date on which the reduction takes effect, receive the annual rate of pay applicable to the reduced grade. (iii) Appeal procedures (I) In general Subject to subclause (II) and clause (iv), any reduction in grade or pay or removal under this paragraph may be appealed to the Merit Systems Protection Board under section 7701 of title 5, United States Code. (II) Time for appeal An appeal under subclause (I) may only be made if such appeal is made not later than 7 days after the date of such reduction in grade or pay or removal. (iv) Review on appeal (I) In general Upon receipt of an appeal under clause (iii), the Merit Systems Protection Board shall refer the appeal to an administrative law judge pursuant to section 7701(b)(1) of title 5, United States Code. The administrative law judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 45 days after the date on which the Board receives the appeal. (II) Information and assistance To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board, and to any administrative law judge to whom an appeal under this paragraph is referred, such information and assistance as may be necessary to ensure an appeal under this paragraph is expedited. (III) Finality Notwithstanding any other provision of law, including section 7703 of title 5, United States Code, the decision of an administrative law judge under subclause (I) shall be final and shall not be subject to any further appeal. (IV) Delayed decision (aa) In general In any case in which the administrative law judge cannot issue a decision in accordance with the 45-day requirement under subclause (I), the reduction in grade or pay or removal shall be final. (bb) Explanation In a case described in item (aa), the Merit Systems Protection Board shall, not later than 14 days after the date on which the reduction in grade or pay or removal becomes final, submit to Congress a report that explains the reasons why a decision was not issued in accordance with that requirement. (V) No stays The Merit Systems Protection Board or administrative law judge may not stay any reduction in grade or pay or removal action under this paragraph. (VI) Effect of appeal of removal During the period beginning on the date on which a covered employee appeals a removal from the civil service under this paragraph and ending on the date on which the administrative law judge issues a final decision on such appeal, the covered employee may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. (v) Whistleblower protection In the case of a covered employee seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, United States Code, the Secretary may not reduce the grade or pay or remove the covered employee under this paragraph without the approval of the Special Counsel under section 1214(f) of title 5, United States Code. . (b) Application The authority under paragraph (2) of section 7(c) of the Department of Housing and Urban Development Act, as added by subsection (a), shall apply to any covered employee (as defined in such paragraph) appointed before, on, or after the date of enactment of this Act. (c) Conforming amendments Title 5, United States Code, is amended— (1) in section 4303(f)— (A) in paragraph (3), by striking or at the end; (B) in paragraph (4), by striking the period at the end and inserting , or ; and (C) by adding at the end the following: (5) the reduction in grade or removal of an employee under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ). ; (2) in section 7512— (A) in subparagraph (E), by striking ; or and inserting a comma; (B) in subparagraph (F), by striking the period at the end and inserting , or ; and (C) by adding at the end the following: (G) a reduction in grade or pay or removal under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ). ; (3) in section 7521(b), in the matter following paragraph (5)— (A) in subparagraph (B), by striking or at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (D) a reduction in grade or pay or removal under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ). ; and (4) in section 7542, by striking or to a removal under section 3592 or 3595 of this title and inserting to a removal under section 3592 or 3595 of this title, to an action under section 713 of title 38, or to a reduction in grade or pay or removal under section 7(c)(2) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(c)(2) ) . 4. Enforcement of physical condition standards and tenant protection Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by adding at the end the following: (22) Maintenance of property Any entity receiving housing assistance payments with respect to dwelling units covered by a housing assistance payments contract shall— (A) maintain decent, safe, and sanitary conditions at those dwelling units, as determined by the Secretary; and (B) comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of those dwelling units. (23) Enforcement of physical condition standards (A) In general The Secretary shall take action under subparagraph (C) against an entity with a housing assistance payments contract for project-based assistance with respect to a multifamily housing project if— (i) the project receives a Uniform Physical Condition Standards (in this paragraph referred to as UPCS ) inspection score of not more than 45; (ii) the entity fails to certify in writing to the Secretary within 3 days of receiving the score under clause (i) that all exigent health and safety deficiencies identified by the inspector at the project have been corrected; or (iii) the project receives a UPCS inspection score of more than 45 and less than 59 and has received consecutive scores of less than 60 on UPCS inspections. (B) Applicability Subparagraph (A) shall— (i) apply with respect to insured and noninsured projects with dwelling units receiving assistance under this section other than under paragraph (13); and (ii) not apply to dwelling units receiving assistance with capital or operating funds under section 9. (C) Notification and enforcement (i) In general If an entity violates clause (i), (ii), or (iii) of subparagraph (A), the Secretary shall notify the entity and provide an opportunity for response not later than 15 days after the date on which the results of the UPCS inspection are issued. (ii) Plan and notice of default If violations remain at a project after the 15-day period described in clause (i), the Secretary shall— (I) develop a plan to bring the project into compliance not later than 30 days after the date on which the results of the UPCS inspection are issued; and (II) provide the owner, the tenants of the property, the local government, any mortgagees, and any contract administrator of the project with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. (iii) Withdrawal of notice of default If an appeal submitted by the entity results in a UPCS inspection score of not less than 60, the Secretary may withdraw a Notice of Default issued under clause (ii)(II). (iv) Penalties If, at the end of the timetable described in clause (ii)(II), the entity fails to fully correct all deficiencies in the project, the Secretary may— (I) require immediate replacement of project management with a management agent approved by the Secretary; (II) impose civil money penalties, which— (aa) shall be used solely for the purpose of supporting safe and sanitary conditions at the property, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; and (bb) shall not be payable out of project income; (III) abate the housing assistance payments contract under this section, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (IV) pursue transfer of the project to an owner, approved by the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the housing assistance payments contract as long as such renewal is offered; (V) transfer the existing housing assistance payments contract under this section to another project or projects and owner or owners; (VI) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (VII) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (VIII) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third party that requires time to effectuate; or (IX) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (D) Contracts (i) In general The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies under this paragraph. (ii) Other assistance To the extent the Secretary determines, in consultation with the tenants and the local government, that a property is not feasible for continued rental assistance payments under this section or other housing programs, based on consideration of the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note) and environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of the property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (E) Report (i) In general The Secretary shall, on a quarterly basis, issue a publicly available report on all properties covered by this paragraph that— (I) are assessed through UPCS inspections; and (II) (aa) have a UPCS inspection score of less than 60; or (bb) received an unsatisfactory management and occupancy review during the 36-month period preceding the report. (ii) Contents Each report issued under clause (i) shall— (I) include, for each property covered by the report— (aa) the UPCS inspection score and date of inspection; and (bb) the ownership interest and management of the property; (II) identify— (aa) the enforcement actions being taken to address the physical conditions of the properties covered by the report, including imposition of civil monetary penalties and termination of subsidies; and (bb) properties that have been identified multiple times as having the physical conditions described in item (aa); (III) identify actions that the Secretary is taking to— (aa) remediate all health and safety concerns; and (bb) protect tenants of the properties covered by the report; and (IV) include any administrative or legislative recommendations to further improve the living conditions at each property covered under a housing assistance payments contract. (24) Tenant protection (A) In general The Secretary may provide tenant-based assistance for dwelling units covered under a project-based assistance subsidy contract if— (i) the owner of the dwelling units has received a Notice of Default; and (ii) the dwelling units pose an imminent health and safety risk to the tenants of the dwelling units. (B) Reimbursements To the extent that the Secretary determines that dwelling units described in subparagraph (A) are not feasible for continued rental assistance payments or transfer of the project-based assistance subsidy contract associated with those dwelling units to another project or projects and owner or owners, any remaining amounts associated with those dwelling units shall be recaptured and used to reimburse amounts used for tenant-based assistance under subparagraph (A). . 5. Reports on Real Estate Assessment Center inspections (a) Annual HUD report Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall issue a publicly available report on the website of the Department of Housing and Urban Development (in this section referred to as the Department ) regarding Real Estate Assessment Center (in this section referred to as REAC ) inspections of all properties assisted, insured, or both, under a program of the Department, which shall include— (1) the percentage of all inspected properties that received a REAC-inspected score of less than 65 during the 48-month period preceding the report; (2) the number of properties in which the most recent REAC-inspected score represented a decline relative to the previous REAC-inspected score; (3) a list of the 10 metropolitan statistical areas with the lowest average REAC-inspected scores for all inspected properties; and (4) a list of the 10 States with the lowest average REAC-inspected scores for all inspected properties. (b) GAO report The Comptroller General of the United States shall issue a publicly available report on the website of the Government Accountability Office with recommendations for how REAC inspections of all properties assisted, insured, or both, under a program of the Department should be reformed and improved. 6. Budget-based rental adjustments for certain properties receiving project-based rental assistance that underwent Mark-to-Market (a) Definition In this section, the term eligible property means a property that— (1) receives project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); (2) underwent a mortgage restructuring under subtitle A of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note; title V of Public Law 105–65 ); and (3) (A) has been transferred to a different owner due to the failure of a prior owner to meet Uniform Physical Condition Standards; (B) received a failing Uniform Physical Condition Standard score under a prior owner; or (C) requires substantial rehabilitation, including the replacement of major systems, in order to ensure the long term sustainability of the property, as determined by a capital needs assessment and as approved by the Secretary. (b) Authority The Secretary may, at the request of the owner of the property, approve the adjustment of rent on a budget basis (within the meaning of section 401.412(b) of title 24, Code of Federal Regulations, or any successor regulation) for an eligible property if the owner— (1) demonstrates that— (A) the available operating revenue is insufficient to operate and maintain the property; and (B) a rent adjustment is necessary to support financing for rehabilitation; and (2) submits a rehabilitation plan to extend the useful life of the property for not less than 25 years, including remediation of all existing health, sanitation, and safety concerns. (c) Reporting requirement During the period during which a property for which a budget-based rental adjustment is approved under subsection (b) is being rehabilitated, the owner of the property shall submit to the Secretary a quarterly report that includes— (1) a description of the progress made on, and expenses incurred for, capital improvements and debt service; (2) a detailed list of outstanding improvements; (3) the expected completion date for each outstanding improvement described in paragraph (2); and (4) any other information required by the Secretary. 7. Codification of Uniform Physical Condition Standards inspection timelines for units receiving project-based rental assistance (a) Definition In this section, the term covered property means a property that receives project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (b) Scoring and ranking of physical condition The Secretary shall score and rank the physical condition of covered properties in accordance with this section. (c) Methodology for ranking (1) In general The Secretary shall score each covered property on the basis of a 100-point scale. (2) Fractions In scoring a covered property under paragraph (1), the Secretary shall round— (A) a score that includes a fraction below one half point to the next lower full point; and (B) a score that includes a fraction of one half point or higher to the next higher full point. (d) Designations and frequency of inspections (1) Standard 1 performing property The Secretary shall— (A) designate a covered property that receives a score of not less than 90 points on its physical condition inspection as a standard 1 performing property; and (B) conduct a physical inspection of a standard 1 performing property once every 3 years. (2) Standard 2 performing property The Secretary shall— (A) designate a covered property that receives a score of not less than 80 points and less than 90 points on its physical condition inspection as a standard 2 performing property; and (B) conduct a physical inspection of a standard 2 performing property once every 2 years. (3) Standard 3 performing property The Secretary shall— (A) designate a covered property that receives a score of less than 80 points on its physical condition inspection as a standard 3 performing property; and (B) conduct a physical inspection of a standard 3 performing property every year. (e) Special requirements If a covered property receives a score in the range of a standard 1 performing property or standard 2 performing property on its physical condition inspection and has been cited by the Secretary as having an exigent health and safety deficiency, the property— (1) shall only shall be designated as a standard 1 performing property or standard 2 performing property, respectively, if the owner resolves the deficiency; and (2) shall be designated as a standard 3 performing property if the owner does not resolve the deficiency. (f) Authority To delay inspections (1) In general Notwithstanding subsection (d), the Secretary may delay the physical inspection of a covered property that is undergoing a substantial rehabilitation. (2) Definition For purposes of this subsection, the term substantial rehabilitation , with respect to a covered property, means a physical rehabilitation for the long-term sustainability of the property where the costs of the rehabilitation exceed 25 percent of the property's replacement cost (calculated based on fair market value) after completion of all required repairs, replacements, and improvements.
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https://www.govinfo.gov/content/pkg/BILLS-117s2560is/xml/BILLS-117s2560is.xml
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117-s-2561
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II 117th CONGRESS 1st Session S. 2561 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Daines (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal Land Policy and Management Act of 1976 to provide that a land resource management plan or land use plan approved, amended, or revised under those Acts shall not be considered to be a continuing Federal agency action or constitute a discretionary Federal involvement or control for a distinct Federal purpose, and for other purposes.
1. Treatment of certain land and resource management plans and land use plans (a) National Forest System land and resource management plan Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) is amended by adding at the end the following: (n) Completed Federal action A land and resource management plan for a unit of the National Forest System approved, amended, or revised under this section shall not— (1) be considered to be a continuing Federal agency action; or (2) constitute a discretionary Federal involvement or control for a distinct Federal purpose. . (b) Bureau of land management land use plans Section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) is amended by adding at the end the following: (g) Completed Federal action A land management plan approved, amended, or revised under this section shall not— (1) be considered to be a continuing Federal agency action; or (2) constitute a discretionary Federal involvement or control for a distinct Federal purpose. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2561is/xml/BILLS-117s2561is.xml
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117-s-2562
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II 117th CONGRESS 1st Session S. 2562 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Stabenow (for herself, Mr. Young , Ms. Hassan , Ms. Collins , Mr. Casey , Mr. Lankford , Mr. Cardin , and Ms. Lummis ) 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 extended care services by providing Medicare beneficiaries with an option for cost effective home-based extended care under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Choose Home Care Act of 2021 . 2. Establishment of a home-based extended care services benefit as part of Medicare (a) Improved support for health care at home (1) In general Section 1812 of the Social Security Act ( 42 U.S.C. 1395d ) is amended— (A) in subsection (a)— (i) in paragraph (2)(A), by inserting (reduced by the number of days of home-based extended care services furnished under paragraph (6) during such spell of illness) after spell of illness ; (ii) in paragraph (4), by striking and at the end; (iii) in paragraph (5), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new paragraph: (6) (A) home-based extended care services for a 30-day episode for individuals who otherwise qualify for post-hospital extended care services under paragraph (2)(A); (B) to the extent provided in subsection (f), home-based extended care services that are not post-hospital home-based extended care services; and (C) in such circumstances as the Secretary may specify, home-based extended care services for one or more subsequent 30-day episode or episodes up to a maximum of 100 days of home-based extended care services in a spell of illness. ; (B) in subsection (b)— (i) in paragraph (2), by striking or at the end; (ii) in paragraph (3), by striking the period at the end and inserting ; or ; and (iii) by inserting after paragraph (3) the following new paragraph: (4) home-based extended care services furnished to an individual after such services have been furnished to the individual for a 30-day episode during such spell, except as provided by the Secretary pursuant to subparagraph (B) or (C) of subsection (a)(6). ; and (C) in subsection (f)— (i) in paragraph (1)— (I) by inserting and, under subsection (a)(6)(B), of home-based extended care services, as applicable, after extended care services the first place it appears; (II) by inserting or post-hospital home-based extended care services after post-hospital extended care services ; and (III) by inserting or subsection (a)(6), as applicable before the period; and (ii) in paragraph (2)— (I) in subparagraph (A), by inserting or subsection (a)(6)(B), as applicable after subsection (a)(2)(B) ; and (II) in subparagraph (B), by striking subsection and inserting subsections . (2) Coinsurance and deductible Section 1813(a)(3) of the Social Security Act ( 42 U.S.C. 1395e(a)(3) ) is amended by inserting the following before the period: (or, in the case where an individual is furnished post-hospital home-based extended care services, after such services (or a combination of such services and post-hospital extended care services) have been furnished to him for 20 days during such spell) . (3) Certification requirement Section 1814(a)(2) of the Social Security Act ( 42 U.S.C. 1395f(a)(2) ) is amended— (A) in the matter preceding subparagraph (A), by inserting or (E) after subparagraph (C) ; (B) in subparagraph (C), by striking or at the end; (C) in subparagraph (D), by inserting or after the semicolon; and (D) by adding at the end the following new subparagraph: (E) in the case of post-hospital home-based extended care services, such services are or were required to be furnished because the individual otherwise needs or needed and qualifies for extended care services in a skilled nursing facility payable under this part under subparagraph (B), and such individual does not qualify for services in an inpatient rehabilitation facility or long-term care hospital payable under this part; . (4) Post-hospital extended care services Section 1861(i) of the Social Security Act ( 42 U.S.C. 1395x(i) ) is amended, in the second sentence— (A) by striking or (B) and inserting (B) ; and (B) by inserting the following before the period , or (C) in the case of an individual receiving post-hospital home-based extended care services, within 30 days after discharge from a hospital . (5) Definition of home-based extended care services Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Home-Based Extended Care Services (1) The term home-based extended care services means the following items and services furnished to an individual in the individual’s home by a home health agency (as defined in subsection (o) including the additional requirements under paragraph (9) of such subsection), or by others under arrangements with such agency: (A) Nursing care, other than as described in subsection (m), including when provided using telecommunications technology as a supplement to daily in-person care. (B) Physical or occupational therapy or speech-language pathology services, other than as described in subsection (m), including when provided using telecommunications as a supplement to daily in-person care. (C) Meals and nutritional support. (D) Remote patient monitoring as a supplement to in-person care other than as described in subsection (m). (E) Medical social services other than as described in subsection (m). (F) Services of a home health aide other than as described in subsection (m) and personal care services. (G) Respite care, family caregiver and other unpaid caregiver supports, education, and training resources. (H) Assistance with adherence to drugs prescribed for the individual. (I) Medical supplies, appliances, and equipment, other than those described in subsection (m), for use in the home, including related to bathing, dressing, toileting, walking, or feeding. (J) Nonemergency medical transportation other than ambulance services. (K) Care coordination and integration, including providing discharge planning and care transitions support to the individual and family and other unpaid caregivers, including referral for person-centered counseling or options counseling from their State’s Aging and Disability Resource Center/No Wrong Door System, upon completion of a 30-day episode or one or more subsequent 30-day episode or episodes, if applicable, under section 1812(a)(6)(C). To the greatest extent possible, care transitions support services provided as part of home-based extended care services should use evidence-based models and practices, particularly those that employ face-to-face visits. (L) Such other items and services as the home health agency determines are necessary for the care of the individual in the home. (2) Nothing in this subsection shall be construed as impacting an individual’s eligibility for transition of care services under any other provision of this title or otherwise for which the individual is eligible. . (6) Discharge planning Section 1861(ee)(2) of the Social Security Act ( 42 U.S.C. 1395x(ee)(2) ) is amended— (A) in subparagraph (D)— (i) by striking hospice care and post-hospital extended care services and inserting hospice care, post-hospital extended care services, post-hospital home-based extended care services, and services furnished by inpatient rehabilitation facilities and units and long-term care hospitals ; and (ii) by inserting and home-based extended care services after home health services ; and (B) by adding at the end the following new subparagraph: (I) The discharge planning evaluation and discharge plan for an individual who meets applicable standards and criteria for extended care services under section 1812, and who does not need services provided by an inpatient rehabilitation facility or unit or a long-term care hospital, shall include, in addition to the items described in subparagraph (D)— (i) an evaluation, in coordination with a qualified home health agency, of the appropriateness of home-based extended care services, including consideration of patient characteristics, including but not limited to functional, cognitive, and behavioral competencies and deficits and primary and secondary diagnoses, the availability of able and willing caregivers, the scope of home-based extended care services needed and other services (if applicable), the length of time such services would be needed, the availability of the level of services needed, and the need for and availability of health care services following completion of home-based extended care services, the individual’s place of care preferences, and the integration of and consideration of social determinants, inclusive of race and ethnicity and the availability of and access to quality services, into measures used to determine eligibility of a beneficiary to receive home-based extended care services; (ii) a consultation with the individual as to the findings of such evaluation, including consideration of the individual’s place of care preferences, goals regarding care, family caregiver concerns, and the ability of the individual to safely and effectively receive care in the home; (iii) the provision of caregiver training resources to family and other unpaid caregivers including guidance on medical, nursing, and personal care tasks; and (iv) obtaining verbal consent from the individual that is recorded in the individual’s inpatient care record if the individual chooses to receive home-based extended care services. Clauses (i), (ii), and (iii) shall not preempt any applicable State law requirements. Clause (iv) shall preempt any State law requirements relating to consent for home-based extended care services. The Secretary shall establish, through notice and comment rulemaking, the right to an expedited appeal of any adverse determination regarding the determination to provide the individual with the option of home-based extended care services and the scope of home-based extended care services needed by the individual. . (7) Additional requirements Section 1861(o) of the Social Security Act ( 42 U.S.C. 1395x(o) ) is amended— (A) in paragraph (7)(B), by striking and at the end; (B) in paragraph (8), by inserting and at the end; and (C) by inserting after paragraph (8) the following new paragraph: (9) for purposes of furnishing post-hospital home-based extended care services under section 1812(a)(6), meets such additional requirements and conditions as the Secretary finds necessary, including— (A) the provision of care on a 24-hour basis; (B) the ability to provide all items and services described in subsection (lll); (C) the provision of necessary and covered services; (D) education, training, and supervision requirements for those providing home-based extended care services; and (E) compliance with all requirements and conditions when such services are provided under arrangement as described in subsection (m) to ensure that others providing care under such arrangement with such agency are held to the same standards (requirements and conditions) as the agency; . (8) Home-based extended care services add-on Section 1895 of the Social Security Act ( 42 U.S.C. 1395fff ) is amended by adding at the end the following new subsection: (f) Home-Based extended care services add-On (1) In general An add-on payment in addition to the amount otherwise payable under this section for home health services shall be made to a home health agency that meets the additional requirements of section 1861(o)(9) and provides home-based extended care services under section 1812(a)(6). (2) Payment amount Subject to paragraphs (3) and (4), the amount of such add-on payment for home-based extended care services provided to an individual shall be determined as follows: (A) Determination Such amount shall be determined based on the following: (i) The following four case-mix classifications, determined by the number of hours of personal care services provided to an individual, as follows: (I) Up to 60 hours, including an initial assessment. (II) 61 to 120 hours. (III) 121 to 240 hours. (IV) 241 to 360 hours of personal care services. (ii) In calculating the number of hours of personal care services under clause (i), part-time or intermittent services provided by home health aides under sections 1812(a)(2) and 1835(a)(2)(A) shall not be included. (iii) Such other factors as the Secretary determines appropriate. (B) Fixed base amount The Secretary shall provide a fixed base amount for each of the 4 case-mix classifications described in subclauses (I) through (IV) of subparagraph (A)(i) as follows: (i) 2022 For services furnished during 2022, a fixed base amount of— (I) in the case of the case-mix classification described in subclause (I) of subparagraph (A)(i), $2,010; (II) in the case of the case-mix classification described in subclause (II) of such subparagraph, $4,020; (III) in the case of the case-mix classification described in subclause (III) of such subparagraph, $7,360; and (IV) in the case of the case-mix classification described in subclause (IV) of such subparagraph, $10,720, respectively. (ii) 2023 and subsequent years For services furnished during 2023, or a subsequent year, a fixed base amount equal to the amount determined under this subparagraph for the preceding year for the applicable case-mix classification, updated by the home health applicable increase percentage under subsection (b)(3)(B) applicable to the year involved. (C) Area wage index adjustment The fixed base amount determined under subparagraph (B) shall be subject to the applicable area wage index under subsection (b)(4)(C). (3) Alternative add-on payment model For services furnished in 2023, or in a subsequent year, the Secretary may apply an alternative model of payment that shall be based on relevant and reliable data on patient characteristics that reflect the variations in resource use and intensity within a patient case mix. (4) Limitation Notwithstanding any other provision in this section, the amount of the additional payment under this subsection to a home health agency for home-based extended care services, in combination with the amount of payment for home health services under this section for a unit of services furnished to an individual, shall not result in a total amount of payment under this section for such services that exceeds an amount equal to 80 percent of the national median 30-day payment amount for extended care services furnished in a skilled nursing facility under section 1812 for the most recent fiscal year prior to the payment year for which data is available, updated based on the skilled nursing facility market basket percentage change under section 1888(e)(5)(B). The Secretary may adjust the amount of the additional payment for home-based extended care services under this subsection in order to comply with the limitation under the preceding sentence. . (b) Transparency in notice and comment rulemaking In establishing standards and procedures under the provisions of, and amendments made by, this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall include full transparency through notice and comment rulemaking of the methodology, assumptions, evidence, and all data used in support of proposed payment rates, standards for eligibility and payment for services, provider conditions for participation, and any other matter related to the implementation of such provisions and amendments. (c) Stakeholder input In establishing any proposed standards and procedures under the provisions of, and amendments made by, this Act, the Secretary shall solicit written input on such proposed standards and procedures from providers, representatives of providers, Medicare beneficiaries, families, and related stakeholder groups and consider such input in the development of such standards and procedures. (d) Annual report to Congress For calendar year 2022, and each calendar year thereafter, the Secretary shall submit a report to Congress on the coverage of home-based extended care services under the Medicare program ( 42 U.S.C. 1395 et seq. ) pursuant to the provisions of, and amendments made by, this Act. Each report submitted under this subsection shall include the following: (1) The total number of individuals receiving such services pursuant to such provisions and amendments, including which services such individuals received, how long such individuals received such services, and what the average hours were per individual, and the total amount of expenditures for such services under the Medicare program, including an itemization of expenditures associated with home health care and in-home support services. (2) An analysis of the efficiency and effectiveness of the processes for discharge planning evaluation and discharge planning under section 1861(ee)(2)(I) of the Social Security Act, as added by subsection (a)(6), an itemization of the diagnoses, treatment protocols, and outcomes of individuals receiving benefits (including family or other unpaid caregivers, as applicable), an evaluation comparing clinical outcomes and patient experience for similar patients receiving home-based extended care services and services in skilled nursing facilities, an evaluation (which shall include audits) of whether home-based extended care services are being appropriately targeted to individuals who need and would benefit from the scope, level, and duration of such home-based extended care services and whether individuals receiving such services are receiving the appropriate scope, level and duration of care, and the cost effectiveness of furnishing home-based extended care services in relation to alternative skilled nursing facility costs. (3) Data by race and ethnicity as it applies to eligibility, decision on participation of the beneficiary, utilization rates, and availability of quality home health services in defined locales, as well as any protocol or changes in practice that were instituted to address existing inequities. (4) Recommendations for such administrative or legislative action as the Secretary determines necessary to improve the furnishing of such services. (e) Program integrity The Secretary shall take such actions and establish safeguards as are reasonable and necessary under existing law to ensure the program integrity of the provision of home-based extended care services pursuant to the provisions of, and amendments made by, this Act. (f) Implementation (1) Establishment of standards and procedures Not later than July 1, 2021, or as soon as practical after enactment of this Act during a public health emergency period described in section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ), the Secretary shall establish standards and procedures related to furnishing home-based extended care services pursuant to the provisions of, and amendments made by, this Act. (2) Provision of information regarding the home-based extended care services benefit The Secretary shall provide comprehensive information to Medicare beneficiaries and other stakeholders regarding the establishment and availability of the home-based extended care services benefit under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) pursuant to the provisions of, and amendments made by, this Act. Such information shall be in addition to any publication of standards and procedures with respect to such services in the Federal Register and Code of Federal Regulations. (3) Authorization of payments during public health emergency period Notwithstanding any other provision of law, the Secretary is authorized to make payments for home-based extended care services as described in section 1895(f) of the Social Security Act, as added by subsection (a)(8), for such services furnished prior to 2022 during any period in which there exists such a public health emergency period.
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https://www.govinfo.gov/content/pkg/BILLS-117s2562is/xml/BILLS-117s2562is.xml
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117-s-2563
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II 117th CONGRESS 1st Session S. 2563 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Schatz (for himself, Mr. Blumenthal , Mr. Whitehouse , Ms. Smith , Mr. Markey , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a Science Advisory Board at the Department of Justice, and for other purposes.
1. Short title This Act may be cited as the Improving Justice Programs through Science Act of 2021 . 2. Science Advisory Board (a) Amendment Part A of 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: 110. Science Advisory Board (a) Establishment There is established within the Office a Science Advisory Board (in this section referred to as the Board )— (1) which shall be composed of 26 senior representatives of academic institutions, including primary and secondary educational institutions, institutions of higher education, advanced technology education, and other related entities, and criminal justice and juvenile justice professionals, appointed in accordance with subsection (c); and (2) the purpose of which shall be to— (A) foster sustained dialogue between the academic and criminal and juvenile justice communities on research-based policies; and (B) advise the Attorney General with respect to— (i) relevant developments in criminal and juvenile justice research; (ii) the implications of developments described in clause (i) for Federal, State, and local criminal and juvenile justice agencies; and (iii) any other matters as requested by the Attorney General. (b) Charter There shall be a charter to govern the structure and mission of the Board, which shall— (1) direct the Board to focus on the departmental application of science and evidence under the guidance of the Attorney General; and (2) be reviewed and updated every 4 years, as appropriate. (c) Members (1) Appointment The 26 members of the Board shall— (A) be appointed by the Attorney General, in consultation with the Assistant Attorney General of the Office and considering recommendations from— (i) the Director of the National Institute of Justice; (ii) the Director Bureau of Justice Statistics; (iii) the Director of the Office for Victims of Crime; (iv) the Director of the Office of Sex Offender Sentencing, Monitoring, and Tracking; and (v) the Director of the Office of Juvenile Justice and Delinquency Prevention; (B) include senior representatives with a balance of backgrounds, experiences, and viewpoints that will include the expertise of scientific, criminal justice, and juvenile justice professionals; (C) include not fewer than 8 researchers in the field of statistics, evaluation, social sciences, or physical and biological sciences, which may include those researchers recommended by the National Academy of Sciences; (D) be selected to achieve a balance of backgrounds, experiences, and viewpoints that will include the expertise of scientific, criminal justice, and juvenile justice practitioners; and (E) include not less than three-fifths of the members who hold terminal degrees in their field, have published researcher, and are leading research in areas, including— (i) criminology; (ii) criminal justice; (iii) juvenile justice; (iv) tribal justice; (v) statistics; (vi) economics; (vii) sociology; (viii) psychology; (ix) political science; and (x) other relevant sciences. (2) Terms The term of each member appointed under paragraph (1) shall be 4 years. (3) Vacancies Any vacancy in the membership of the Board shall— (A) not affect the powers of the board; (B) be filled in the same manner as the original appointment; and (C) be only for the remainder of the term of the original appointment. (4) Chairperson The Attorney General, with the advice and recommendation of the Assistant Attorney General, shall appoint 1 member of the Science Advisory Board to serve as the Chairperson of the Board. (d) Meetings The Board shall— (1) meet on a regular basis to discuss science, research, and ongoing criminal and juvenile justice departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners; (2) make recommendations to the Assistant Attorney General; (3) provide advice and recommendations concerning support for research, statistics, and grant programs of the Office; (4) serve as a point of contact with the academic and practitioner communities to inform the Office of the impact of the research, statistics, and grant programs of the Office on both the academic community and the criminal and juvenile justice fields; (5) offer broad input into long-range plans and partnership opportunities; (6) serve as a forum for consideration of proposed interdisciplinary projects across the sciences; and (7) advise on policy development, program implementation and evaluation, and identify research needs and opportunities. (e) Support The Attorney General shall ensure that the Board complies with the requirements under— (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) section 552b of title 5 (commonly known as the Government in the Sunshine Act ); and (3) any— (A) governing Federal statute or regulation; or (B) relevant policy or procedure of the Department of Justice. . (b) Report Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the status and activities of the Science Advisory Board established under section 110 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a) of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2563is/xml/BILLS-117s2563is.xml
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117-s-2564
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II 117th CONGRESS 1st Session S. 2564 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Daines (for himself, Mr. Crapo , Mr. Risch , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a pilot program under which the Chief of the Forest Service may use alternative dispute resolution in lieu of judicial review for certain projects.
1. Short title This Act may be cited as the Protect Collaboration for Healthier Forests Act . 2. Alternative dispute resolution pilot program (a) Definitions In this Act: (1) Arbitrator The term arbitrator means a person— (A) selected by the Secretary under subsection (d)(1); and (B) that meets the qualifications under subsection (d)(2). (2) Land and resource management plan The term land and resource management plan means a plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (3) Participant The term participant means an individual or entity that, with respect to a project— (A) has exhausted the administrative review process under part 218 of title 36, Code of Federal Regulations (or successor regulations); or (B) in the case of a project that is categorically excluded for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), has participated in a collaborative process under clause (i) or (ii) of subsection (c)(1)(A). (4) Pilot program The term pilot program means the pilot program implemented under subsection (b)(1). (5) Project The term project means a project described in subsection (c). (6) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Arbitration pilot program (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule to implement an arbitration pilot program, to be carried out in the States of Idaho, Montana, and Wyoming, as an alternative dispute resolution in lieu of judicial review for projects described in subsection (c). (2) Limitation on number of projects (A) In general The Secretary may not designate for arbitration under the pilot program more than 2 projects per calendar year. (B) Exception If the Secretary designates a project for arbitration under the pilot program, and no participant initiates arbitration under subsection (e)(2), that project shall not count against the limitation on the number of projects under subparagraph (A). (3) Applicable process Except as otherwise provided in this Act, the pilot program shall be carried out in accordance with subchapter IV of chapter 5 of title 5, United States Code. (4) Exclusive means of review The alternative dispute resolution process under the pilot program for a project designated for arbitration under the pilot program shall be the exclusive means of review for the project. (5) No judicial review A project that the Secretary has designated for arbitration under the pilot program shall not be subject to judicial review. (c) Description of projects (1) In general The Secretary, at the sole discretion of the Secretary, may designate for arbitration projects that— (A) (i) are developed through a collaborative process (within the meaning of section 603(b)(1)(C) of the Healthy Forest Restoration Act of 2003 ( 16 U.S.C. 6591b(b)(1)(C) )); (ii) are carried out under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 ); or (iii) are identified in a community wildfire protection plan (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); (B) have as a purpose— (i) reducing hazardous fuels; or (ii) reducing the risk of, or mitigating, insect or disease infestation; and (C) are located, in whole or in part, in a wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )). (2) Inclusion In designating projects for arbitration, the Secretary may include projects that are categorically excluded for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Arbitrators (1) In general The Secretary shall develop and publish a list of not fewer than 15 individuals eligible to serve as arbitrators for the pilot program. (2) Qualifications To be eligible to serve as an arbitrator under this subsection, an individual shall be— (A) recognized by— (i) the American Arbitration Association; or (ii) a State arbitration program; or (B) a fully retired Federal or State judge. (e) Initiation of arbitration (1) In general Not later than 7 days after the date on which the Secretary issues the applicable decision notice or decision memo with respect to a project, the Secretary shall— (A) notify each applicable participant and the Clerk of the United States District Court for the district in which the project is located that the project has been designated for arbitration under the pilot program; and (B) include in the applicable decision notice or decision memo a statement that the project has been designated for arbitration. (2) Initiation (A) In general A participant that has received a notification under paragraph (1) and is seeking to initiate arbitration for the applicable project under the pilot program shall file a request for arbitration with the Secretary not later than 30 days after the date of receipt of the notification. (B) Requirement The request under subparagraph (A) shall include an alternative proposal for the applicable project that— (i) describes each modification sought by the participant with respect to the project; and (ii) is consistent with the goals and objectives of the applicable land and resource management plan, all applicable laws, regulations, legal precedent and policy directives, and the purpose and need for the project. (C) Failure to meet requirements A participant who fails to meet the requirements of subparagraphs (A) and (B) shall be considered to have forfeited their standing to initiate arbitration under this paragraph. (3) Compelled arbitration (A) In general For any request for judicial review with respect to a project that the Secretary has designated for arbitration under the pilot program— (i) the Secretary shall file in the applicable court a motion to compel arbitration in accordance with this Act; and (ii) the applicable court shall compel arbitration in accordance with this Act. (B) Fees and costs For any motion described in subparagraph (A) for which the Secretary is the prevailing party, the applicable court shall award to the Secretary— (i) full or partial court costs; and (ii) full or partial attorney's fees. (f) Selection of arbitrator For each arbitration initiated under this Act— (1) each applicable participant shall propose 2 arbitrators; and (2) the Secretary shall select 1 arbitrator from the list of arbitrators proposed under paragraph (1). (g) Responsibilities of arbitrator (1) In general An arbitrator— (A) shall address all claims or modifications sought by each party seeking arbitration with respect to a project under this Act; but (B) may consolidate into a single arbitration all requests to initiate arbitration by all participants with respect to a project. (2) Consideration of proposed projects and decision For each project for which arbitration has been initiated under this Act, the arbitrator shall make a decision with respect to the project by— (A) selecting the project, as approved by the Secretary; (B) selecting the alternative proposal submitted by the applicable participant in the request for initiation of arbitration for the project filed under subsection (e)(2)(A); or (C) rejecting both options described in subparagraphs (A) and (B). (3) Convene hearings In carrying out paragraph (2), the arbitrator may convene the Secretary and the participant, including by telephone conference or other electronic means to consider— (A) the administrative record; (B) arguments and evidence submitted by the Secretary and the participant; (C) the project, as approved by the Secretary; and (D) the alternative proposal submitted by the applicable participant in the request for initiation of arbitration for the project filed under subsection (e)(2)(A). (4) Limitations An arbitrator may not modify any project or alternative proposal contained in a request for initiation of arbitration of a participant under this Act. (h) Intervention A party may intervene in an arbitration under this Act if, with respect to the project to which the arbitration relates, the party— (1) meets the requirements of Rule 24(a) of the Federal Rules of Civil Procedure (or a successor rule); or (2) participated in the applicable collaborative process referred to in clause (i) or (ii) of subsection (c)(1)(A). (i) Scope of review In carrying out arbitration for a project, the arbitrator shall set aside the agency action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, within the meaning of section 706(2)(A) of title 5, United States Code. (j) Deadline for completion of arbitration Not later than 90 days after the date on which arbitration is initiated for a project under the pilot program, the arbitrator shall make a decision with respect to all claims or modifications sought by the participant that initiated the arbitration. (k) Effect of arbitration decision A decision of an arbitrator under this Act— (1) shall not be considered to be a major Federal action; (2) shall be binding; and (3) shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code. (l) Administrative costs (1) In general The Secretary shall— (A) be solely responsible for the professional fees of arbitrators participating in the pilot program; and (B) use funds made available to the Secretary and not otherwise obligated to carry out subparagraph (A). (2) Travel costs The Secretary— (A) shall be solely responsible for reasonable travel costs associated with the participation of an arbitrator in any meeting conducted under subsection (g)(3); and (B) shall not be responsible for the travel costs of a participant under subsection (g)(3). (3) Attorney's fees No arbitrator may award attorney’s fees in any arbitration brought under this Act. (m) Reports (1) In general Not later than 2 years after the date on which the Secretary issues a final rule to implement the pilot program under subsection (b)(1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and publish on the website of the Forest Service, a report describing the implementation of the pilot program, including— (A) the reasons for selecting certain projects for arbitration; (B) an evaluation of the arbitration process, including any recommendations for improvements to the process; (C) a description of the outcome of each arbitration; and (D) a summary of the impacts of each outcome described in subparagraph (C) on the timeline for implementation and completion of the applicable project. (2) GAO reviews and reports (A) Review on termination On termination of the pilot program under subsection (n), the Comptroller General of the United States shall review the implementation by the Secretary of the pilot program, including— (i) the reasons for selecting certain projects for arbitration under the pilot program; (ii) the location and types of projects that were arbitrated under the pilot program; (iii) a description of the outcomes of the projects that were arbitrated under the pilot program; (iv) a description of the participants who initiated arbitration under the pilot program; (v) a description and survey of the arbitrators who participated in the pilot program; (vi) the type and outcome of any requests for judicial review with respect to a project that the Secretary designated for arbitration under the pilot program; and (vii) any other items the Comptroller General of the United States may find applicable for evaluating the pilot program. (B) Report After completion of the review described in subparagraph (A) and not later than 1 year after termination of the pilot program under subsection (n), the Comptroller General of the United States shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report, describing the results of the applicable review. (n) Termination The Secretary may not designate a project for arbitration under the pilot program on or after the date that is 5 years after the date on which the Secretary issues a final rule to implement the pilot program under subsection (b)(1). (o) Effect Nothing in this Act affects the responsibility of the Secretary to comply with— (1) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (2) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (3) other applicable laws.
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https://www.govinfo.gov/content/pkg/BILLS-117s2564is/xml/BILLS-117s2564is.xml
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117-s-2565
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II 117th CONGRESS 1st Session S. 2565 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Rosen (for herself, Mr. Barrasso , Ms. Baldwin , and Mrs. Fischer ) 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 provide for the testing of a community-based palliative care model.
1. Short title This Act may be cited as the Expanding Access to Palliative Care Act . 2. Community-based palliative care model 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) Community-Based palliative care model (1) In general The CMI shall develop and implement a model to provide community-based palliative care and care coordination for high risk beneficiaries, in co-management with other providers of services and suppliers, aimed at improving outcomes and experience of care and reducing unnecessary or unwanted emergency department visits and hospitalizations (in this subsection referred to as the model ), and that is intended to replace the Medicare Care Choices Model due to sunset on December 31, 2021. (2) Duration The model shall be implemented for a 5 year period, beginning not later than one year after the date of the enactment of this subsection. (3) Target population (A) In general The target population for the model is an individual— (i) entitled to, or enrolled for, benefits under part A of title XVIII; and (ii) with a diagnosis of a serious illness or injury, which may include a diagnosis of cancer, heart and vascular disease, pulmonary disease, human immunodeficiency virus/acquired immunodeficiency, Alzheimer’s and dementia, stroke, serious injury requiring rehabilitation including burns, kidney disease, liver disease, Amyotrophic lateral sclerosis, any neuro degenerative disease, or any other serious illness or injury the Secretary determines appropriate. (B) No exclusion for prior use of hospice care benefits An individual shall not be excluded from participation in the model based on prior use of hospice care benefits during any period prior to such participation, regardless of the source of coverage for such benefits. (4) Participating providers Providers eligible to participate under the model may include palliative care teams working as an independent practice or associated with a hospice program, home health agencies, hospitals, integrated health systems, and other facilities determined appropriate by the Secretary. (5) Team-based approach Under the model, at least one member of the multi-disciplinary palliative care team shall be certified in hospice and palliative care. This is a co-management model with palliative care aligning with primary and specialist care for a team-based approach. Care must be coordinated across providers and community services for inclusion of all pain, symptom management, disease-modifying and curative treatments, and other palliative care services. (6) Location Care may be furnished under the model in any beneficiary home , including a caregiver’s residence, an extended care facility, or a community setting as appropriate based on the individual's ability to access services. The model shall include access within an in-patient stay so long as the patient begins receiving palliative care services prior to admission. Services shall not be disrupted solely due to change in location from a residence to an in-patient setting, and shall be part of care coordination and care planning following hospital discharge. (7) Services The model shall include items and services based on specific patient needs with respect to pain, symptom management, education, disease modifying treatments, advance care planning and shared decision-making, goals clarification, mental health services, family and caregiver support services, spiritual support care, personal care assistance, and stress reduction therapies. This includes a comprehensive assessment of symptoms and stress factors that impact quality of life. (8) Access Care shall be available under the model 24 hours a day, 7 days a week, and 365 days a year, including telehealth services. The CMI shall specifically consider the needs of rural and underserved areas and adjust accordingly to ensure equitable access to care. A broad range of providers must be included with no geographic limitations. (9) Metrics The CMI shall assess the model by comparing participants to other members of the target population who are receiving care outside of the model, including with respect to the following: (A) Demographics (including age, diagnosis, residence type, medical encounters in preceding 12 months leading to enrollment, geographic location (such as urban or rural) and others as determined by the CMI). (B) Impact on utilization of items and services under title XVIII (such as emergency department services, hospital observation services, inpatient admissions, and intensive care unit (ICU) stays). (C) Election of hospice care. (D) Duration of hospice care. (E) Care Experience (beneficiary and caregiver). .
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https://www.govinfo.gov/content/pkg/BILLS-117s2565is/xml/BILLS-117s2565is.xml
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117-s-2566
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II 117th CONGRESS 1st Session S. 2566 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Rosen (for herself, Mr. Barrasso , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Center for Medicare and Medicaid Innovation to test allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment
1. Short title This Act may be cited as the Improving Access to Transfusion Care for Hospice Patients Act of 2021 . 2. Center for Medicare and Medicaid Innovation testing of allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment 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 allowing blood transfusions To be paid separately from the Medicare hospice all-Inclusive per diem payment (1) In general Not later than 1 year after the date of enactment of this subsection, the CMI shall establish and implement a model under which blood transfusions furnished to an individual receiving hospice care are paid separately from the hospice all-inclusive per diem payment under section 1814(i). The separate payment amount for such blood transfusion shall be the amount that would otherwise apply under title XVIII if the transfusion was not furnished as part of hospice care. (2) Requirements for evaluation In conducting any evaluation of the model described in paragraph (1) pursuant to subsection (b)(4), the CMI shall ensure it compares participants under the model with similar patients outside of the model with respect to the following metrics: (A) The number of chemotherapy services furnished in the last 14 days of life. (B) Hospital utilization in the last 30 days of life, including emergency department visits, in-patient and observation status stays (including the length of the stays), and intensive care unit (ICU) days. (C) How many days receiving hospice care before the end of life. (D) The number of patients receiving hospice care who received a transfusion compared to patients with similar diagnoses not receiving hospice care. (E) The average frequency of transfusion for patients receiving hospice care compared patients not receiving hospice care. (F) The number of transfusions for patients receiving hospice care compared to patients not receiving hospice care. (G) Other areas determined appropriate by the CMI. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2566is/xml/BILLS-117s2566is.xml
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117-s-2567
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II 117th CONGRESS 1st Session S. 2567 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mrs. Capito (for herself, Mr. Cotton , Mr. Cramer , Mrs. Hyde-Smith , Mr. Hawley , Mr. Barrasso , Mrs. Blackburn , Mr. Hagerty , Mr. Blunt , Mr. Inhofe , Mr. Daines , Mr. Scott of South Carolina , Mr. Lankford , Mr. Tillis , Mr. Moran , Mr. Tuberville , Mrs. Fischer , Mr. Rounds , Mr. Crapo , Mr. Cruz , Mr. Sasse , Mr. Hoeven , Ms. Lummis , Ms. Ernst , Mr. Sullivan , Mr. Boozman , Mr. Graham , Mr. Wicker , Mr. Shelby , Mr. Risch , Mr. Marshall , Mr. Grassley , and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To enact the definition of waters of the United States into law, and for other purposes.
1. Short title This Act may be cited as the Navigable Waters Protection Act of 2021 . 2. Findings Congress finds that— (1) as of March 2021, the final rule of the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works, and the Administrator of the Environmental Protection Agency entitled The Navigable Waters Protection Rule: Definition of ‘Waters of the United States ’ (85 Fed. Reg. 22250 (April 21, 2020)) (referred to in this section as the Navigable Waters Protection Rule ) is being implemented in all 50 States; (2) the final rule issued by the Administrator of the Environmental Protection Agency and the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works, entitled Clean Water Rule: Definition of Waters of the United States (80 Fed. Reg. 37054 (June 29, 2015))— (A) was subject to a vote under chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act ), in which members of both parties in the House of Representatives and the Senate voted in favor of disapproving the final rule under that chapter; and (B) was stayed across the United States for over 2 years due to legal deficiencies; and (3) the Navigable Waters Protection Rule established a definition of navigable waters under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) that— (A) for the first time, provides clarity, predictability, and consistency while ensuring environmental protection; and (B) clearly delineates where Federal regulations apply and gives State and local authorities the flexibility to determine how to best manage water resources within their borders. 3. Waters of the United States The definitions of the term waters of the United States and the other terms defined in section 328.3 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act), are enacted into law.
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https://www.govinfo.gov/content/pkg/BILLS-117s2567is/xml/BILLS-117s2567is.xml
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117-s-2568
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II 117th CONGRESS 1st Session S. 2568 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Open Access Evapotranspiration (OpenET) Data Program.
1. Short title This Act may be cited as the Open Access Evapotranspiration Data Act . 2. Definitions In this Act: (1) Evapotranspiration The term evapotranspiration means the process by which water is transferred from the land to the atmosphere by— (A) evaporation from soil and other surfaces; and (B) transpiration from plants. (2) Program The term program means the Open Access Evapotranspiration (OpenET) Data Program established under section 4(a). (3) Program partner The term program partner means— (A) an institution of higher education; (B) a State (including a State agency); (C) a private sector entity; (D) a nongovernmental organization; or (E) any other entity determined to be appropriate by the Secretary. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. 3. Findings Congress finds that— (1) evapotranspiration is the second largest component of the water budget, which is an accounting of the allocation of water resources to various water uses; (2) evapotranspiration is a measure of the water that is consumed and lost from a water system, removed from available supplies, and unavailable for other uses within a watershed; (3) accurate information on evapotranspiration is required to balance water supply and water demand in a watershed and ensure that adequate water supplies for beneficial uses are available over time; (4) water users and managers are impeded in more efficient decisionmaking by— (A) the lack of consistent and comprehensive water use data; and (B) the fact that access to existing data is often limited and cost-prohibitive; and (5) evapotranspiration data may be applied for the purposes of— (A) assisting users and decisionmakers to better manage resources and protect financial viability of farm operations during drought; (B) developing more accurate water budgets and innovative management programs to better promote conservation and sustainability efforts; and (C) employing greater groundwater management practices and understanding impacts of consumptive water use. 4. Open Access Evapotranspiration (OpenET) data program (a) Establishment The Secretary shall establish an Open Access Evapotranspiration (OpenET) Data Program under which the Secretary shall provide for the delivery of satellite-based evapotranspiration data— (1) to advance the quantification of evaporation and consumptive water use; and (2) to provide data users with field-scale estimates of evapotranspiration data across large landscapes over certain periods of time. (b) Purpose The purpose of the program is to support the operational distribution of satellite-based evapotranspiration data generated under the program to sustain and enhance water resources in the United States. (c) Duties In carrying out the program, the Secretary shall— (1) evaluate, use, and modify sources of satellite-based evapotranspiration data based on best available science and technologies; and (2) coordinate and consult with— (A) the heads of other relevant Federal agencies, including— (i) the Commissioner of Reclamation; (ii) the Administrator of the National Aeronautics and Space Administration; (iii) the Administrator of the National Oceanic and Atmospheric Administration; (iv) the Administrator of the Agricultural Research Service; and (v) the Chief of the Natural Resources Conservation Service; and (B) program partners. (d) Components In carrying out the program, the Secretary shall carry out activities that would develop, maintain, establish, expand, or advance delivery of satellite-based evapotranspiration data to advance the quantification of evaporation and consumptive water use, with an emphasis on carrying out activities that would— (1) support the development and maintenance of evapotranspiration data and software systems and associated research and development in a manner that ensures that program data are reflective of the best available science, including by providing support to program partners, or coordinating activities with other programs within the Department of the Interior, that have developed and are maintaining evapotranspiration software systems and datasets; (2) demonstrate or test new and existing evapotranspiration measurement technology; (3) improve evapotranspiration measurement science and technology; and (4) develop or refine the application of satellite-based evapotranspiration data available to Federal agencies, States, and Indian Tribes, including the integration of program data into— (A) the Water Availability and Use Science Program, the National Water Census, and Integrated Water Availability Assessments by the United States Geological Survey; and (B) activities under the WaterSMART program authorized by subtitle F of title IX of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10361 et seq. ). (e) Use and availability of program data The Secretary— (1) shall incorporate, to the maximum extent practicable, program information and data for purposes of determining consumptive water use on irrigated or other vegetated landscapes for use in water allocation decisions, water budget accounting, and water use reporting; (2) shall coordinate data analyses, use, and collection efforts with other Federal agencies, States, and Tribal governments through existing coordinating organizations, such as— (A) the Western States Water Council; and (B) the Western States Federal Agency Support Team; and (3) may provide information collected and analyzed under the program to program partners through appropriate mechanisms, including through interagency agreements with Federal agencies, States (including State agencies), or Indian Tribes, leases, contracts, cooperative agreements, grants, loans, and memoranda of understanding. (f) Cooperative agreements The Secretary shall— (1) enter into cooperative agreements with program partners to provide for the efficient and cost-effective administration of the program, including through cost-sharing or by providing additional in-kind resources necessary to carry out the program; and (2) provide nonreimbursable matching funding for programmatic and operational activities under this section, in consultation with program partners. (g) Environmental laws Nothing in this Act modifies any obligation of the Secretary to comply with applicable Federal and State environmental laws in carrying out this Act. 5. Report Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Appropriations of the Senate and the Committees on Natural Resources, Agriculture, and Appropriations of the House of Representatives a report that includes— (1) a status update on the operational incorporation of program data into modeling, water planning, and reporting efforts of relevant Federal agencies, including the Water Availability and Use Science Program of the United States Geological Survey and the WaterSMART program authorized by subtitle F of title IX of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10361 et seq. ); and (2) a list of Federal agencies and program partners that are applying program data to beneficial use, including a description of examples of beneficial uses. 6. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $14,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
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https://www.govinfo.gov/content/pkg/BILLS-117s2568is/xml/BILLS-117s2568is.xml
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117-s-2569
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II 117th CONGRESS 1st Session S. 2569 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mrs. Gillibrand (for herself, Mr. Luján , Mr. Blumenthal , Mr. Padilla , Mr. Sanders , Mr. Markey , Ms. Klobuchar , Ms. Warren , Mr. Merkley , Mr. Booker , Ms. Baldwin , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To enhance the rights of domestic workers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Domestic Workers Bill of Rights Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Domestic worker rights and protections Subtitle A—Amendments to the Fair Labor Standards Act of 1938 Sec. 101. Overtime protections for live-in domestic employees. Sec. 102. Live-in domestic employees termination notices and communications. Sec. 103. Enforcement. Subtitle B—Domestic worker rights Sec. 110. Written agreements. Sec. 111. Earned sick days. Sec. 112. Fair scheduling practices. Sec. 113. Right to request and receive temporary changes to scheduled work hours due to personal events. Sec. 114. Privacy. Sec. 115. Breaks for meals and rest. Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes of communication. Sec. 117. Prohibited acts. Sec. 118. Enforcement authority. Sec. 119. Effect on existing employment benefits and other laws. Subtitle C—Domestic worker health and safety Sec. 121. National domestic worker hotline. Sec. 122. Access to health and safety. Sec. 123. Occupational safety and health training grants. Sec. 124. Workplace harassment survivor supports study. Subtitle D—Amendment to title VII of Civil Rights Act of 1964 Sec. 131. Including certain domestic workers in civil rights protections against discrimination in employment. TITLE II—Standards board, benefits, and workforce investment Sec. 201. Domestic worker standards board. Sec. 202. Domestic workers’ benefits study. Sec. 203. Workforce investment activities grants for domestic workers. Sec. 204. Report on career pathways, training standards, and apprenticeships for domestic workers. TITLE III—Implementation of the domestic workers bill of rights Sec. 301. Definitions. Sec. 302. Notice of domestic worker rights. Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights Enforcement. Sec. 304. National grant for community-based education, outreach, and enforcement of domestic worker rights. Sec. 305. Encouraging the use of fiscal intermediaries. Sec. 306. J–1 Visa program. Sec. 307. Application to domestic workers who provide Medicaid-funded services. Sec. 308. Delayed enforcement for government-funded programs. TITLE IV—Funding Sec. 401. Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic workers. Sec. 402. Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid. Sec. 403. Authorization of appropriations. TITLE V—Severability Sec. 501. Severability. 2. Findings Congress finds the following: (1) There are an estimated 2,200,000 domestic workers across the United States working in private homes to provide home and personal care, child care, and house-cleaning services. (2) Domestic work is a job-enabling job that makes all other work possible. It is labor that cannot be outsourced to individuals abroad, nor is it close to being automated. Without the millions of domestic workers caring for children, seniors, and people with disabilities, and cleaning homes, much of the economy would come to a standstill. (3) During the COVID–19 pandemic, domestic work and other low-wage service jobs, disproportionately held by women, women of color, and immigrants, have been deemed essential. This crisis has shown how essential these jobs have always been to our economy. At great risk to the health of themselves and their families, domestic workers have worked on the frontlines of the pandemic to provide care to those more vulnerable to COVID–19, seniors, and individuals with disabilities, and have provided child care for the children of essential workers. A study of Black immigrant domestic workers conducted by the Institute for Policy Studies and the National Domestic Workers Alliance in May and June of 2020 found that 25 percent of workers surveyed experienced or lived with someone who has experienced COVID–19 symptoms. 73 percent of such workers surveyed indicated that they did not received personal protective equipment ( PPE ) from their employers. (4) Domestic workers experienced a rapid and sustained loss of jobs during the COVID–19 pandemic, which exacerbated the existing financial insecurity experienced by many domestic workers. Surveys from the National Domestic Workers Alliance and NDWA Labs between March and September 2020 found that for 6 consecutive months more than half of domestic workers surveyed were unable to pay their rent or mortgage. Nearly ¾ of workers surveyed did not receive any compensation when their jobs were canceled. (5) The employment of individuals in domestic service in households affects commerce, as described in section 2(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 202(a) ). (6) Domestic workers are hired or contacted for work by phone, mail, or internet, or through newspaper ads, and travel to work through transportation on interstate highways, interstate transit, or vehicles in interstate commerce. (7) In 2019, the Bureau of Labor Statistics predicted that between 2019 and 2029— (A) the number of new jobs for home health and personal care aides will increase by 34 percent, which is an increase of 1,159,500 jobs and the largest increase in new jobs of any occupational category during such period; and (B) the number of new jobs for child care and house cleaning positions will increase by 6 to 7 percent. (8) The COVID–19 pandemic has increased the demand for in-home child care. According to the Center for Translational Neuroscience, the percentage of parents reporting use of home-based child care has grown since the onset of the pandemic from 27 percent to 31 percent. (9) An increasing number of workers, including domestic workers, are finding work on online platforms. An analysis from the JPMorgan Chase Institute found that between 2013 and 2018, the percentage of adults that had earned income from online platforms increased from 0.3 percent to 1.5 percent. (10) 9 out of 10 domestic workers are women, and such women are disproportionately people of color and immigrants. Women, people of color, and immigrants have historically faced barriers to employment and economic advancement. According to the Economic Policy Institute, domestic workers also tend to be older than other workers. 2 in 5 domestic workers are age 50 or older, while just 1/3 of all other workers are at least 50 years old. (11) Domestic workers are paid low wages, can be subjected to workplace health and safety hazards, and face difficulties saving for retirement. An Economic Policy Institute analysis of data from the Current Population Survey indicates that the average wage for a domestic worker is approximately $12 per hour or $15,980 per year if working full-time. In practice, the average wage for a domestic worker is less than such approximation given that domestic work has largely been negotiated in the informal labor market. (12) Low-wage workers, including domestic workers, experience high rates of minimum wage and overtime violations, violations of laws related to workers' compensation and other workplace benefits, and illegal retaliation. A 2017 study from the Economic Policy Institute found that 2,400,000 workers—17 percent of the low-wage workforce—experiences wage theft. A 2009 report from the National Employment Law Project found that employment in private homes was one of the 3 industries with the highest rates of employment and labor law violations. (13) A landmark study of domestic workers published in 2012 by the National Domestic Workers Alliance and the Center for Urban Economic Development of the University of Illinois at Chicago Data Center titled Home Economics: The Invisible and Unregulated World of Domestic Work indicated poor working conditions across the domestic workers industry. The findings of such study included that— (A) domestic workers have little control over their working conditions, and employment is usually arranged without a written contract; (B) 35 percent of domestic workers interviewed reported that they worked long hours without breaks in the year immediately preceding the interview; (C) 25 percent of live-in domestic workers had responsibilities that prevented them from getting at least 5 hours of uninterrupted sleep at night during the week immediately preceding the interview; and (D) 91 percent of domestic workers interviewed who encountered problems with their working conditions in the year immediately preceding the interview did not complain about their working conditions because they were afraid they would lose their job. (14) The study described in paragraph (13) found that domestic workers have little access to federally supported employment benefits. For instance— (A) less than 2 percent of such workers receive retirement or pension benefits, and less than 9 percent of such workers work for employers that collect payroll taxes on wages paid to such workers to provide eligibility for Social Security benefits; and (B) 65 percent of such workers do not have health insurance, and only 4 percent of such workers receive employer-provided insurance, despite the fact that domestic work is hazardous and often results in illness or physical injuries. (15) Compounding these challenges is the fact that many domestic workers have been, and in many cases continue to be, excluded from key provisions of labor and employment laws like the Occupational Health and Safety Act of 1970 ( 29 U.S.C. 651 et seq. ), and the National Labor Relations Act ( 29 U.S.C. 151 et seq. ). Live-in domestic workers employed by private households remain excluded from the overtime protections in the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). Minimum employee threshold rules, misclassification of domestic workers as independent contractors, and exclusion of independent contractors from coverage mean that most domestic workers are also de facto excluded from Federal civil rights protections, including protections under title VII of the Civil Rights Act of 1964 ( 29 U.S.C. 2000e et seq. ) and other laws. (16) The International Labour Organization’s Domestic Workers Convention, adopted in 2011, calls for domestic workers to have the right to freedom of association and collective actions, protections against harassment, privacy rights, and the right to be informed of conditions of employment. This Convention also calls for the right of domestic workers to keep their travel documents, the right to overtime compensation and rest breaks, the right to minimum wage coverage, the right to occupational safety and health protections, and mechanisms to pursue complaints and ensure compliance with the law. (17) The unique nature of their work, in private homes with individuals and families, also often makes it difficult for domestic workers to use Federal programs and policies to improve their skills and training and to join together collectively to negotiate better pay and working conditions. (18) Many domestic workers are also vulnerable to discrimination and sexual harassment. These issues are further exacerbated by the unique working conditions faced by domestic workers, such as isolation, poverty, immigration status, the lack of familiarity with the law and legal processes, limited networks for support, language barriers, and fear of retaliation and deportation. (19) Millions of older individuals, individuals with disabilities, and families are increasingly relying on domestic workers. By bringing domestic work out of the shadows and creating incentives and investments that help raise wages and standards for domestic workers, the Federal Government can lift millions of the most vulnerable workers out of poverty, reduce turnover due to poor working conditions, thereby enhancing quality of care, and support the millions of working and retired people of the United States who rely on them. 3. Definitions (a) Fair Labor Standards Act definitions In this Act— (1) the terms commerce , employ , employee , employer , enterprise , enterprise engaged in commerce or in the production of goods for commerce , goods , person , and State have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); and (2) the term regular rate has the meaning given such term in section 7(e) of such Act ( 29 U.S.C. 207(e) ). (b) Other definitions In this Act: (1) Career pathway The term career pathway has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (2) Child The term child — (A) means an individual who is under 18 years of age; and (B) includes an individual described in subparagraph (A) who is— (i) a biological, foster, or adopted child; (ii) a stepchild; (iii) a child of a domestic partner; (iv) a legal ward; or (v) a child of a person standing in loco parentis. (3) Disability The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Domestic partner (A) In general The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) Committed relationship defined The term committed relationship for purposes of subparagraph (A)— (i) means a relationship between 2 individuals, each at least 18 years of age, in which both individuals share responsibility for a significant measure of each other's common welfare; and (ii) includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (5) Domestic services The term domestic services — (A) means services— (i) of a household nature; (ii) provided in interstate commerce; and (iii) performed by an individual in or about a private home (permanent or temporary); and (B) includes services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides or assistants, and chauffeurs of automobiles for family use. (6) Domestic worker The term domestic worker — (A) means, except as provided in subparagraph (B), an individual, including an employee, who is compensated directly or indirectly for the performance of domestic services; and (B) does not include— (i) an individual who is a family member, friend, neighbor, or parent of a child and who provides child care for the child in the child's home; (ii) any individual who is— (I) an employee of a family child care provider; or (II) a family child care provider; and (iii) any employee described in section 13(a)(15) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(15) ). (7) Domestic work hiring entity The term domestic work hiring entity — (A) means any person who provides compensation directly or indirectly to a domestic worker for the performance of domestic services; and (B) includes— (i) a person acting directly or indirectly in the interest of a hiring entity in relation to a domestic worker; and (ii) an employer of a domestic worker. (8) Family child care provider The term family child care provider means 1 or more individuals who provide child care services, in a private residence other than the residence of the child receiving the services, for fewer than 24 hours per day for the child (unless the nature of the work of the parent of the child requires 24-hour care). (9) Medicaid HCBS-eligible elderly individual The term Medicaid HCBS-eligible elderly individual means an individual who— (A) is 65 years of age or older; (B) is eligible for and enrolled for medical assistance for any of the following services (whether provided on a fee-for-service, risk, or other basis) under a State Medicaid 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), and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list: (i) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ). (ii) Personal care services authorized under paragraph (24) of such section. (iii) PACE services authorized under paragraph (26) of such section. (iv) 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 ). (v) 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) ). (vi) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act ( 42 U.S.C. 1396d(a)(13) ). (vii) Such other services specified by the Secretary of Health and Human Services. (10) Parent The term parent , with respect to a parent of a domestic worker, means a biological, foster, or adoptive parent of a domestic worker, a stepparent of a domestic worker, parent-in-law of a domestic worker, parent of a domestic partner of a domestic worker, or a legal guardian or other person who stood in loco parentis to the domestic worker when the worker was a child. (11) Personal care aide or assistant The term personal care aide or assistant means an individual who provides personal care services. (12) Personal care services The term personal care services means assistance provided to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for individuals with intellectual disabilities, or institution for mental disease that enables the recipient to accomplish activities of daily living or instrumental activities of daily living. (13) Secretary The term Secretary means the Secretary of Labor. (14) Self-directed care The term self-directed care , with respect to an individual, means services for the individual that are planned and purchased under the direction and control of the individual, including the amount, duration, scope, provider, and location of the services. (15) Shared living arrangement The term shared living arrangement means a living arrangement involving— (A) not more than 2 individuals who are an individual with a disability or a Medicaid HCBS-eligible elderly individual, except if 1 or more of the individuals are related to each other (by blood or a close association that is equivalent to a family relationship); (B) an individual providing services for compensation and living in the private home of the recipient of such services; (C) an individual receiving funding through a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or another publicly funded program; (D) a stipend or room and board as the primary form of payment for the individual providing such services; and (E) the individual receiving such services having the final decision regarding who is the provider of such services living with the individual, through a consumer-driven matching process that includes relationship building, person-centered planning as defined by the Administrator of the Centers for Medicare & Medicaid Services, and an assessment of individual compatibility. (16) Spouse The term spouse , with respect to a domestic worker, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. I Domestic worker rights and protections A Amendments to the Fair Labor Standards Act of 1938 101. Overtime protections for live-in domestic employees Section 13(b)(21) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(b)(21) ) is repealed. 102. Live-in domestic employees termination notices and communications (a) In general The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 7 ( 29 U.S.C. 207 ) the following: 8. Live-in domestic employees termination notices and communications (a) Definition of live-In domestic employee In this section, the term live-in domestic employee means any employee who— (1) is employed in domestic service in a household and resides in such household; and (2) in any workweek is engaged in commerce or in the production of goods for commerce or is employed in an enterprise engaged in commerce or in the production of goods for commerce. (b) Notice of termination for live-In domestic employees (1) In general If an employer terminates the employment of a live-in domestic employee, the employer shall, except as provided in paragraph (3), provide the live-in domestic employee with— (A) written notice of the termination not later than 48 hours after such termination; and (B) (i) not less than 30 calendar days of lodging at— (I) the household premises of the employer, as customarily provided by the employer; or (II) another premise of a comparable lodging condition; or (ii) severance pay in an amount equivalent to the average earnings of the live-in domestic employee for 2 weeks of employment during the preceding 6 months. (2) Off-site lodging or severance If an employer chooses to provide a live-in domestic employee who is terminated, as described in paragraph (1), lodging described in paragraph (1)(B)(i)(II) or severance pay described in paragraph (1)(B)(ii), the employer shall allow the live-in domestic employee not less than 48 hours after the notice provided under paragraph (1)(A) to vacate the household of the employer. (3) Exception (A) In general The requirements under paragraph (1) shall not be required in a case involving a good faith allegation described in subparagraph (B) that the live-in domestic employee has engaged in abuse or neglect, or caused any other harmful conduct, against the employer, any member of the family of the employer, or any individual residing in the household of the employer. (B) Good faith allegations A good faith allegation described in this subparagraph shall be— (i) made in writing and provided to the employee not later than 48 hours after the employer has knowledge of the conduct of the employee; (ii) supported by a reasonable basis and belief; and (iii) made without reckless disregard or willful ignorance of the truth. (c) Communications for live-In domestic employees (1) In general If an employer requires an employee to be a live-in domestic employee, the employer shall— (A) provide the employee with the ability, and reasonable opportunity, to access telephone and internet services in accordance with paragraph (2); and (B) without interference by the employer, permit the employee to send and receive communications by text message, social media, electronic or regular mail, and telephone calls. (2) Telephone and internet services (A) Employer with services If an employer requires an employee to be a live-in domestic employee and has telephone or internet services for the household of the employer, the employer shall provide the live-in domestic employee with reasonable access to such services without charge to the employee. (B) Employer without services If an employer requires an employee to be a live-in domestic employee and does not have telephone or internet services for the household of the employer, the employer— (i) shall provide the live-in domestic employee with a reasonable opportunity to access such services at another location; and (ii) shall not be required to pay for such services. . (b) Conforming amendment Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) is repealed. 103. Enforcement (a) Prohibited act Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— (1) in paragraph (5), by striking the period and inserting ; and ; and (2) by adding at the end the following: (6) to violate any provision of section 8, including any regulation or order issued by the Secretary under that section. . (b) Penalties Section 16 of such Act ( 29 U.S.C. 216 ) is amended— (1) in subsection (b), by inserting Any employer who violates section 8(b) shall be liable to the employee affected in an amount of severance pay that is calculated, with respect to the employee, in accordance with section 8(b)(1)(B)(ii), and in an additional equal amount as liquidated damages. Any employer who violates section 8(c) shall be liable to the employee affected in an amount that is not to exceed $2,000 for each violation. after the third sentence; and (2) in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for the amounts described in subsection (b) for violations of such section. . (c) Injunction proceedings Section 17 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 217 ) is amended by striking (except sums and inserting and in the case of violations of section 15(a)(6) the restraint of any withholding of severance pay and other damages found by the court to be due to employees under this Act (except, in either case, sums . (d) Statute of limitations Section 6 of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 255 ) is amended, in the matter preceding subsection (a), by inserting (and any cause of action to enforce section 8 of such Act) after under the Fair Labor Standards Act of 1938, as amended . B Domestic worker rights 110. Written agreements (a) Covered domestic worker In this section, the term covered domestic worker means any domestic worker to whom the domestic work hiring entity expects to provide compensation for the performance of domestic services by the domestic worker for not less than 8 hours per week. (b) Requirement Each domestic work hiring entity shall provide a written agreement in accordance with this section to each covered domestic worker hired by the entity. (c) Written agreement requirements (1) In general A written agreement required under this section shall— (A) be signed and dated by the covered domestic worker and the domestic work hiring entity; (B) be written in a language easily and fully understood by the covered domestic worker and the domestic work hiring entity, which may be in multiple languages if the worker and the entity do not easily and fully understand the same language; and (C) include the contents described in subsection (d). (2) Copy A copy of the written agreement required under this section shall be provided to the covered domestic worker not later than 5 calendar days after the date on which the covered domestic worker is hired by the domestic work hiring entity. (d) Contents of the written agreement (1) In general The contents described in this subsection shall include each of the following: (A) The full name, address, and contact information of the domestic work hiring entity, including, as appropriate, any doing business as name of the entity and the name of each individual of the domestic work hiring entity who will be doing business with the covered domestic worker. (B) The address for the location where the covered domestic worker will be providing domestic services for the domestic work hiring entity. (C) All responsibilities to be performed by the covered domestic worker for the domestic work hiring entity, and the regularity in which such responsibilities are to be performed. (D) The regular rate of pay of the covered domestic worker for any work week, including any overtime compensation due. (E) The day of the week when the covered domestic worker will be paid. (F) The required working hours for any work week, including— (i) the time of day and day of week the work of the covered domestic worker begins; (ii) meal and rest breaks described in section 115; (iii) time off; (iv) the work schedule of the worker at the time of hire, including— (I) the time of day and the days of the week the covered domestic worker will be expected to work for the domestic work hiring entity each week; or (II) if the time of day or the days of the week that the domestic worker will be expected to work for the domestic work hiring entity will vary from week to week, information regarding a good faith estimate of the days and hours for which the covered domestic worker will be expected to work for the domestic work hiring entity each week, including, at minimum— (aa) the average number of hours the covered domestic worker will be expected to work for the domestic work hiring entity each week during a typical 90-day period; (bb) whether the covered domestic worker can expect to work any on-call shifts, as defined in paragraph (3), for the domestic work hiring entity; (cc) a subset of days the covered domestic worker can typically expect to work (or to be scheduled as off from work) for the domestic work hiring entity; and (dd) the amount of notice that the domestic work hiring entity will provide to the domestic worker in advance of scheduled work hours (as defined in section 112(a)), which shall not be less than 72 hours before such scheduled work hours are to begin (except during a period described in subparagraph (A) of section 112(e)(1), in a case described in subparagraph (B) of section 112(e)(1), or in the case of a shared living arrangement), and the manner in which such notice shall be provided; (v) the reporting time pay policy described in section 112(c); and (vi) the right to request and receive a change to scheduled work hours due to personal events as described in section 113. (G) If applicable, any policies of the domestic work hiring entity with respect to the covered domestic worker for paying for or providing reimbursement for— (i) health insurance; (ii) transportation, meals, or lodging; and (iii) any fees or costs associated with the domestic services provided by the covered domestic worker for the entity. (H) If applicable, any policies of the domestic work hiring entity with respect to the covered domestic worker for— (i) annual or other pay increases; (ii) severance pay; and (iii) providing materials or equipment related to the performance of domestic service by the covered domestic worker, including (if applicable) any cleaning supplies provided by the entity. (I) Information about policies, procedures, and equipment related to safety and emergencies. (J) The policy of the domestic work hiring entity pertaining to notice of termination of the covered domestic worker by the domestic work hiring entity. (K) In the case of a covered domestic worker who resides in the household of the person for whom the domestic worker provides domestic services— (i) the circumstances under which the domestic work hiring entity may enter the designated living space of the domestic worker; (ii) the circumstances under which the covered domestic worker, in a shared living arrangement, may enter the designated living space of the domestic work hiring entity; and (iii) a description of certain circumstances the domestic work hiring entity determines as cause for— (I) immediate termination of the covered domestic worker; and (II) subject (as applicable) to section 8(b) of the Fair Labor Standards Act of 1938, removal of the covered domestic worker from the household of the person for whom the worker provides domestic services not later than 48 hours after notice of the termination. (L) Any additional benefits afforded to the covered domestic worker by the domestic work hiring entity. (M) The process for the covered domestic worker to raise or address grievances with respect to, or breaches of, the written agreement. (N) The process used by the domestic work hiring entity to change any policy described in subparagraphs (A) through (M), including addressing additional compensation if responsibilities are added to those described in subparagraph (C), after the date on which the written agreement is provided to the domestic worker. (2) Prohibitions A written agreement required under this section may not— (A) contain— (i) a mandatory pre-dispute arbitration agreement for claims made by a covered domestic worker against a domestic work hiring entity regarding the legal rights of the worker; or (ii) a non-disclosure agreement, non-compete agreement, or non-disparagement agreement, limiting the ability of the covered domestic worker to seek compensation for performing domestic services after the worker ceases to receive compensation from the domestic work hiring entity for the performance of domestic services; and (B) be construed to waive the rights or protections of a domestic worker under Federal, State, or local law. (3) Definition of on-call shift For purposes of paragraph (1)(F)(iv)(II)(bb), the term on-call shift means any time a domestic work hiring entity expects a covered domestic worker to— (A) be available to work; and (B) wait to contact, or be contacted by, the domestic work hiring entity, or a designee of the entity, to determine whether the worker shall report to work during such time. (e) Timing (1) Initial agreement A domestic work hiring entity shall provide a written agreement required under this section— (A) to each covered domestic worker hired after the date of enactment of this Act, prior to the first day the worker performs domestic services for the entity; and (B) to each covered domestic worker hired on or prior to the date of enactment of this Act, 90 days after such date of enactment. (2) Subsequent agreements Not later than 30 calendar days after the date on which a domestic work hiring entity makes a change to a written agreement provided to a covered domestic worker under this section, the domestic work hiring entity shall provide the domestic worker with an updated agreement in accordance with this section. (f) Records A domestic work hiring entity that is required to provide a written agreement under this section to a covered domestic worker shall retain such agreement for a period of not less than 3 years from the date on which the covered domestic worker is no longer working for the entity. (g) Model written agreements (1) In general Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and make available templates for model written agreements under this section. (2) Requirements A model written agreement required under paragraph (1) shall— (A) be available in multiple languages commonly understood by domestic workers, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates the basic information fact sheet published by the Administrator; and (B) not include any agreement described in subsection (d)(2)(A). 111. Earned sick days (a) Definitions In this section: (1) Domestic violence The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the domestic work hiring entity involved is located. Such term also includes dating violence, as that term is defined in such section. (2) Domestic worker The term domestic worker means a domestic worker, as defined in section 3(b), other than an individual providing assistance through a shared living arrangement. (3) Domestic work hiring entity The term domestic work hiring entity — (A) means such a domestic work hiring entity, as defined in section 3(b), except that for purposes of this subparagraph, a reference in that section to a domestic worker shall be considered a domestic worker as defined in paragraph (2); and (B) includes any predecessor of a hiring entity described in subparagraph (A). (4) Employment The term employment includes service as a domestic worker. (5) Employment benefits The term employment benefits means all benefits provided or made available to domestic workers by a domestic work hiring entity, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of a domestic work hiring entity or through 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) ). (6) Health care provider The term health care provider means a provider who— (A) is described in section 825.125 of title 29, Code of Federal Regulations; and (B) is not employed by a domestic work hiring entity for whom the provider issues certification under this section. (7) Paid sick time The term paid sick time means an increment of compensated leave that can be earned by a domestic worker for use during an absence from employment for any of the reasons described in subparagraphs (A) through (D) of subsection (b)(2). (8) Sexual assault The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (9) Stalking The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (10) Victim services organization The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. (b) Earned paid sick time (1) Earning of time (A) In general A domestic work hiring entity shall provide each domestic worker employed by the hiring entity not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in paragraph (2). A domestic work hiring entity shall not be required to permit a domestic worker to earn, under this subsection, more than 56 hours of paid sick time in a year, unless the hiring entity chooses to set a higher limit. (B) Dates for beginning to earn paid sick time and use Domestic workers shall begin to earn and be entitled to use earned paid sick time under this subsection at the commencement of their employment. A domestic work hiring entity may, at the discretion of the hiring entity, loan paid sick time to a domestic worker for use by such domestic worker in advance of the domestic worker earning such sick time as provided in this paragraph and may permit use before the 60th day of employment. (C) Carryover (i) In general Except as provided in clause (ii), paid sick time earned under this subsection shall carry over from one year to the next. (ii) Construction This section shall not be construed to require a domestic work hiring entity to permit a domestic worker to earn more than 56 hours of earned paid sick time at a given time. (D) Hiring entities with existing policies Any domestic work hiring entity with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in paragraph (2) shall not be required to permit a domestic worker to earn additional paid sick time under this subsection. (E) Construction Nothing in this subsection shall be construed as requiring financial or other reimbursement to a domestic worker from a domestic work hiring entity upon the domestic worker’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (F) Reinstatement If a domestic worker is separated from employment with a domestic work hiring entity and is rehired, within 12 months after that separation, by the same hiring entity, the hiring entity shall reinstate the domestic worker’s previously earned paid sick time. The domestic worker shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the domestic work hiring entity. (G) Prohibition A domestic work hiring entity may not require, as a condition of providing paid sick time under this subsection, that the domestic worker involved search for or find a replacement to cover the hours during which the domestic worker is using paid sick time. (2) Uses Paid sick time earned under this subsection may be used by a domestic worker for any of the following: (A) An absence resulting from a physical or mental illness, injury, or medical condition of the domestic worker. (B) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the domestic worker. (C) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the domestic worker is the equivalent of a family relationship, who— (i) has any of the conditions or needs for diagnosis or care described in subparagraph (A) or (B); (ii) in the case of care for someone who is a child, is the subject of a school meeting, or a meeting at a place where the child is receiving care necessitated by the child’s health condition or disability, that the domestic worker is required to attend; or (iii) is otherwise in need of care. (D) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (i) seek medical attention for the domestic worker or a related person described in subparagraph (C), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (ii) obtain or assist a related person described in subparagraph (C) in obtaining services from a victim services organization; (iii) obtain or assist a related person described in subparagraph (C) in obtaining psychological or other counseling; (iv) seek or assist a related person in seeking relocation; or (v) take or assist a related person in taking legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (3) Scheduling A domestic worker shall make a reasonable effort to schedule a foreseeable period of paid sick time under this subsection in a manner that does not unduly disrupt the operations of the domestic work hiring entity. (4) Procedures (A) In general Paid sick time shall be provided upon the oral or written request of a domestic worker. Such request shall— (i) include the expected duration of the period of such time; (ii) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; and (iii) otherwise, be provided as soon as practicable after the domestic worker is aware of the need for such period. (B) Certification in general (i) Provision (I) In general Subject to clause (iv), a domestic work hiring entity may require that a request for paid sick time under this subsection for a purpose described in subparagraph (A), (B), or (C) of paragraph (2) be supported by a certification issued by the health care provider of the eligible domestic worker or of an individual described in paragraph (2)(C), as appropriate, if the period of such time covers more than 3 consecutive workdays. (II) Timeliness The domestic worker shall provide a copy of such certification to the domestic work hiring entity in a timely manner, not later than 30 days after the first day of the period of time. The domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification. (ii) Sufficient certification A certification provided under clause (i) shall be sufficient if it states— (I) the date on which the period of time will be needed; (II) the probable duration of the period of time; (III) the appropriate medical facts within the knowledge of the health care provider regarding the condition involved, subject to clause (iii); (IV) for purposes of paid sick time under paragraph (2)(A), a statement that absence from work is medically necessary; (V) for purposes of such time under paragraph (2)(B), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (VI) for purposes of such time under paragraph (2)(C), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such paragraph, and an estimate of the amount of time that such care is needed for such individual. (iii) Limitation In issuing a certification under clause (i), a health care provider shall make reasonable efforts to limit the medical facts described in clause (ii)(III) that are disclosed in the certification to the minimum necessary to establish a need for the domestic worker to utilize paid sick time. (iv) Regulations The Secretary shall prescribe regulations that shall specify the manner in which a domestic worker who does not have health insurance shall provide a certification for purposes of this subparagraph. (v) Confidentiality and nondisclosure (I) Protected health information Nothing in this section shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act ( 42 U.S.C. 1320d–6 ) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (II) Health information records If a domestic work hiring entity possesses health information about a domestic worker or a related person described in paragraph (2)(C), such information shall— (aa) be maintained on a separate form and in a separate file from other personnel information; (bb) be treated as a confidential medical record; and (cc) not be disclosed except to the affected domestic worker or with the permission of the affected domestic worker. (C) Certification in the case of domestic violence, sexual assault, or stalking (i) In general A domestic work hiring entity may require that a request for paid sick time under this subsection for a purpose described in paragraph (2)(D) be supported by any one of the following forms of documentation, but the domestic work hiring entity may not specify the particular form of documentation to be provided: (I) A police report indicating that the domestic worker, or a related person described in paragraph (2)(D), was, for not less than 3 consecutive days, a victim of domestic violence, sexual assault, or stalking. (II) A court order protecting or separating the domestic worker or a related person described in paragraph (2)(D) from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the domestic worker or a related person described in paragraph (2)(D) has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (III) Other documentation signed by an individual (who may be a volunteer) working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the domestic worker or a related person described in paragraph (2)(D) is a victim of domestic violence, sexual assault, or stalking. (ii) Requirements The requirements of subparagraph (B) shall apply to certifications under this paragraph, except that— (I) subclauses (III) through (VI) of clause (ii) and clause (iii) of such subparagraph shall not apply; (II) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the domestic worker to be absent from work, and the domestic worker shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (III) with respect to confidentiality under clause (v) of such subparagraph, any information provided to the domestic work hiring entity under this subparagraph shall be confidential, except to the extent that any disclosure of such information is— (aa) requested or consented to in writing by the domestic worker; or (bb) otherwise required by applicable Federal or State law. (c) Construction and application (1) Effect on other laws (A) Federal and State antidiscrimination laws Nothing in this section shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex (including sexual orientation and gender identity), age, disability, marital status, familial status, or any other protected status. (B) State and local laws Nothing in this section shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave, or greater coverage of those eligible for paid sick time or leave) than the rights established under this section. (2) Effect on existing employment benefits (A) More Protective Nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, any collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to domestic workers than the rights established under this section. (B) Less protective The rights established for domestic workers under this section shall not be diminished by any contract, any collective bargaining agreement, or any employment benefit program or plan. (d) Effective date This section, other than subsection (b)(4)(B)(4), takes effect 2 years after the date of enactment of this Act. 112. Fair scheduling practices (a) Definition of scheduled work hours In this section, the term scheduled work hours means the hours on a specified day during which a domestic worker is, through a written agreement or schedule, required by a domestic work hiring entity to perform domestic services for the entity and for which the worker will receive compensation for such services. (b) Requirement for notice of covered domestic worker In the case of a covered domestic worker (as defined in section 110(a)), the domestic work hiring entity shall provide the covered domestic worker notice of the scheduled work hours of such worker through— (1) a written agreement described in subclause (I) of section 110(d)(1)(F)(iv) regarding a schedule of the time of day and the days of the week the covered domestic worker is expected to work for the domestic work hiring entity each week; or (2) a schedule agreed upon by the domestic work hiring entity and the covered domestic worker provided in the amount of time specified in accordance with a written agreement described in subclause (II) of such section, regarding a good faith estimate of the time of day and the days of the week that the covered domestic worker is expected to work for the domestic work hiring entity. (c) Requirements for changes to scheduled work hours and reporting time pay A domestic work hiring entity shall— (1) communicate in writing (which may be in an electronic form) any change to the scheduled work hours of a domestic worker, including any on-call shifts, not less than 72 hours before the domestic worker is scheduled to begin work; and (2) pay a domestic worker— (A) the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker after the domestic worker arrives to work for the scheduled work hours; or (B) at a rate of 1/2 of the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker at a time that is less than 72 hours prior to the commencement of such scheduled work hours, unless the domestic work hiring entity— (i) is an individual with a disability relying on the domestic worker for disability supports and services (or an entity supporting an individual with a disability); and (ii) requests the domestic worker to consent to work alternative, equivalent scheduled work hours within a 7-day period and the worker consents to work such alternative, equivalent hours. (d) Right To decline schedule changes (1) In general In the case of a covered domestic worker (as defined in section 110(a)), if a domestic work hiring entity wishes to include work hours in the scheduled work hours of such worker that are identified as hours in which the worker can typically expect to be scheduled as off from work in accordance with the written agreement under section 110(d)(1)(F)(iv)(I) or are identified as hours outside of the good faith estimate under section 110(d)(1)(F)(iv)(II)(cc), the hiring entity shall obtain the written consent of the worker to work such hours prior to the commencement of such work. (2) Consent The consent required under paragraph (1) may be transmitted electronically to the domestic work hiring entity. (e) Exceptions (1) In general Notwithstanding any provision in this section, the requirements under subsection (c) shall not apply— (A) during any period in which the operations of the domestic work hiring entity cannot begin or continue due to— (i) a fire, flood, or other natural disaster; (ii) a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) or a state of emergency declared by a Governor of a State or chief official of a unit of local government; or (iii) a severe weather condition that poses a threat to worker safety; or (B) in a case in which— (i) the domestic worker voluntarily requested in writing a change to the scheduled work hours of the worker; or (ii) the domestic work hiring entity changes the scheduled work hours of a domestic worker due to— (I) a medical emergency requiring emergency medical treatment or hospitalization; or (II) the risk of contagion or a quarantine requirement related to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19, or any other public health emergency declared under such section. (2) Shared living arrangement Notwithstanding any provision in this section, the requirements under this section shall not apply to a shared living arrangement. (f) Effective date This section shall take effect on the date that is 2 years after the date of enactment of this Act. 113. Right to request and receive temporary changes to scheduled work hours due to personal events (a) Definitions In this section: (1) Covered domestic worker The term covered domestic worker has the meaning given the term in section 110(a). (2) Domestic violence The term domestic violence has the meaning given the term in section 111(a). (3) Personal event The term personal event , with respect to a covered domestic worker, means— (A) an event resulting in the need of the covered domestic worker to serve as a caregiver for an individual related to the covered domestic worker by blood or affinity or whose close association with the covered domestic worker is the equivalent of a family relationship; (B) an event resulting from the obligation of a covered domestic worker to attend a legal proceeding or hearing for subsistence benefits, including benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or under a State program for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), to which the worker, or an individual related to the worker as described in subparagraph (A), is a party or witness; or (C) any circumstance that would constitute a basis for permissible use of safe time, or family, medical, or sick leave, as determined based on the policy of the domestic work hiring entity. (4) Safe time The term safe time , with respect to a covered domestic worker, means an absence from work of the worker resulting from domestic violence, sexual assault, or stalking, if the absence is to— (A) seek medical attention for the worker or a child, parent, spouse, or domestic partner of the worker, or any other individual related to the worker by blood or affinity whose close association with the worker is the equivalent of a family relationship, in order to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph (A) in obtaining, services from a victim services organization; (C) obtain, or assist a child, parent, spouse, domestic partner, or other individual described in subparagraph (A) in obtaining, psychological or other counseling; (D) seek relocation for the worker or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A); or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking, of the worker or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A). (5) Scheduled work hours The term scheduled work hours has the meaning given such term in section 112(a), except that references in such section to the term domestic worker shall be deemed to be a reference to the term covered domestic worker . (6) Sexual assault; stalking The terms sexual assault and stalking have the meanings given such terms in section 111(a). (7) Temporary change The term temporary change , with respect to a change in the scheduled work hours of a covered domestic worker, means a limited alteration in the hours or dates that, or locations where, a worker is scheduled to work, including through using paid time off, trading or shifting work hours, or using short-term unpaid leave. (b) Request (1) In general In accordance with this subsection, for each calendar year, a domestic work hiring entity shall, upon request of a covered domestic worker, grant to the covered domestic worker not less than— (A) 2 requests for a temporary change, covering not more than 1 business day per request, to the scheduled work hours of the worker due to a personal event; or (B) 1 request for a temporary change, covering not more than 2 business days, to the scheduled work hours of the worker due to a personal event. (2) Notification of request (A) In general A covered domestic worker who requests a temporary change to the scheduled work hours of the worker due to a personal event under this subsection shall— (i) notify the domestic work hiring entity, or direct supervisor, of such worker, as soon as the worker becomes aware of the need for the temporary change and inform the entity or supervisor that the change is due to a personal event; (ii) make a proposal for the temporary change to the scheduled work hours of the worker, unless the worker seeks leave without pay; and (iii) subject to subparagraph (B), not be required to initially submit the request in writing. (B) Written record (i) In general A covered domestic worker that requests a temporary change to the scheduled work hours of the worker under this subsection and does not initially submit a request for such change in writing shall, as soon as practicable and not later than 2 business days after date on which the worker returns to work following the conclusion of the temporary change to the scheduled work hours, submit a written record of such request indicating— (I) the date for which the change was requested; and (II) that the request was made due to a personal event. (ii) Electronic means A domestic work hiring entity may require that a record under this subparagraph be submitted in electronic form if workers of the domestic work hiring entity commonly use an electronic form to request and manage leave and schedule changes. (c) Response A domestic work hiring entity who receives a request under subsection (b) for a temporary change to the scheduled work hours of a covered domestic worker due to a personal event shall respond as soon as practicable. Such entity shall not be initially required to respond to such request in writing. If such entity does not initially respond to the requested schedule change in writing, the entity shall, as soon as practicable and not later than 1 week after the requested schedule change, provide the domestic worker with a written record of the response to the requested schedule change. (d) Effective date This section shall take effect on the date that is 2 years after the date of enactment of this Act. 114. Privacy (a) In general A domestic work hiring entity shall not— (1) monitor or record a domestic worker while such domestic worker is— (A) using restroom or bathing facilities; (B) in the private living quarters of the worker; or (C) engaging in any activities associated with the dressing, undressing, or changing of clothes of the worker; (2) subject to subsection (b), restrict or interfere with, or monitor, the private communications of such domestic worker; or (3) take possession of any documents or other personal effects of such domestic worker. (b) Private communications A domestic work hiring entity may— (1) restrict, interfere with, or monitor the private communications of a domestic worker if the domestic work hiring entity has a reasonable belief that such communications significantly interfere with the domestic worker's performance of expected duties; and (2) establish reasonable restrictions on the private communications of a domestic worker while such worker is performing work for the domestic work hiring entity. (c) Relation to other laws This section shall not preclude liability under any other law. (d) Definition of private communications In this section, the term private communications means any communication through telephone or internet services, including sending and receiving communications by text message, social media, electronic mail, and telephone, with an entity or individual other than the domestic work hiring entity. 115. Breaks for meals and rest (a) Meal breaks (1) In general Except as provided in subsection (c), a domestic work hiring entity shall not require a domestic worker to work more than 5 hours for such hiring entity without an uninterrupted meal break of not less than 30 minutes. The number of hours worked by a domestic worker for purposes of this paragraph shall be calculated without regard to any rest break the worker takes and to which the worker has a right under subsection (b). (2) Rate of pay A domestic work hiring entity shall pay a domestic worker for a meal break under paragraph (1) at the regular rate of pay of the domestic worker unless the domestic worker is relieved of all duty for not less than 30 minutes during the meal break and is permitted to leave the work site during such break. (3) Paid meal break Except as provided in subsection (c), for any paid meal break required under paragraph (2), a domestic work hiring entity— (A) shall provide a reasonable opportunity for a domestic worker to take such break for a period of uninterrupted time that is not less than 30 minutes; and (B) shall not impede or discourage a domestic worker from taking such meal break. (b) Rest breaks (1) In general Except as provided in subsection (c), for every 4 hours of work that a domestic worker is scheduled to perform for a domestic work hiring entity, the entity shall allow the worker a rest break of not less than 10 uninterrupted minutes in which the domestic worker is relieved of all duties related to providing domestic services to the domestic work hiring entity. The domestic work hiring entity shall allow such rest break to occur during the first 3 hours of consecutive work performed by the worker for the entity. (2) Rate of pay A domestic work hiring entity shall pay a domestic worker for the times spent by the worker for a rest break under paragraph (1) at the regular rate of pay of the worker. The hiring entity shall not impede or discourage a domestic worker from taking such break. (c) Exceptions (1) In general Subject to paragraph (2), a domestic worker may not have the right to a meal break under subsection (a), or a rest break under subsection (b), in a case in which the safety of an individual under the care of the domestic worker prevents the domestic worker from taking such break. (2) On-duty breaks (A) Definition of on-duty In this subsection, the term on-duty , with respect to a meal break under subsection (a) or a rest break under subsection (b), means such a break in which the domestic worker— (i) is not relieved of all duties of the worker for the domestic work hiring entity; and (ii) may, to the extent possible given the duties of the domestic worker for the domestic work hiring entity, engage in personal activities, such as resting, eating a meal, drinking a beverage, making a personal telephone call, or making other personal choices. (B) Authorization (i) In general In a case described in paragraph (1), the domestic worker may still take an on-duty meal or rest break under subsection (a) or (b), respectively, if— (I) the nature of the work prevents a domestic worker from being relieved of all duties required of the domestic worker for the domestic work hiring entity; and (II) the domestic worker and the domestic work hiring entity agree to such an on-duty meal or rest break in a written agreement described in clause (ii). (ii) Written agreement The written agreement under clause (i)(II) shall include a provision allowing the domestic worker to, in writing, revoke the agreement at any time. (C) Rate of pay A domestic work hiring entity shall compensate a domestic worker for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the worker for the entity. (3) Shared living arrangement The requirements under this section shall not apply in the case of a shared living arrangement. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes of communication (a) In general (1) Requirement Except as provided in paragraph (2), a domestic work hiring entity may not make any deduction from the wage of, or require any reimbursement from, a domestic worker for— (A) any cash shortage of the domestic work hiring entity; or (B) breakage or loss of the entity's equipment or other belongings. (2) Exception A domestic work hiring entity may deduct from the wage of, or require reimbursement from, a domestic worker described in paragraph (1) if the entity can show that a shortage, breakage, or loss described in paragraph (1) was caused by a dishonest or willful act of the domestic worker. (b) Communications No domestic work hiring entity shall make any deduction from the wage of, or otherwise penalize, a domestic worker for communicating with a consumer of domestic services directly as opposed to communicating through an application or other messaging service provided by an on-demand platform or otherwise required by the domestic work hiring entity. (c) Violation Any deduction or reimbursement in violation of subsection (a)(1) or (b) shall be deemed an unpaid wage for purposes of enforcement under section 118, and the domestic worker shall have the right to recover such wage in accordance with such section. 117. Prohibited acts (a) Interference with rights It shall be unlawful for any person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including— (1) discharging or in any manner discriminating against (including retaliating against) any domestic worker for— (A) exercising, or attempting to exercise, any right provided under this subtitle; or (B) engaging in concerted activities for the purpose of collective bargaining or mutual aid or protection, regardless of whether such activities are with domestic workers of different employers or domestic workers at different worksites; and (2) discriminating against any domestic worker by using the exercise of a right provided under this subtitle as a negative factor in an employment action, such as an action involving hiring, promotion, or changing work hours or number of shifts, or a disciplinary action. (b) Retaliation protection It shall be unlawful for any domestic work hiring entity to discharge, demote, suspend, reduce the work hours of, take any other adverse employment action against, threaten to take an adverse employment action against, or in any other manner discriminate against a domestic worker with respect to compensation, terms, conditions, or privileges of employment because the domestic worker (or any person acting pursuant to the request of the domestic worker), whether at the initiative of the domestic worker or in the ordinary course of the domestic worker’s duties— (1) opposes any practice made unlawful under this subtitle; (2) asserts any claim or right under this subtitle; (3) assists a domestic worker in asserting such claim or right; (4) informs any domestic worker about this subtitle; (5) requests a change to the written agreement described in section 110; (6) requests a change in scheduled work hours described in section 112, or any other schedule change, without regard to the eligibility of such domestic worker to receive any such change; (7) participates as a member of, or takes an action described in paragraph (8) with respect to, the Domestic Worker Standards Board described in section 201; (8) (A) files an action, or institutes or causes to be instituted any proceeding, under or related to this subtitle; (B) gives, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (C) testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle; and (9) engages in concerted activities for the purpose of collective bargaining or mutual aid or protection, regardless of whether such activities are with domestic workers of different employers or domestic workers at different worksites. (c) Immigration-Related actions as discrimination For purposes of subsections (a) and (b), discrimination with respect to compensation, terms, conditions, or privileges of employment occurs if a person undertakes any of the following activities (unless such activity is legal conduct undertaken at the express and specific direction or request of the Federal Government): (1) Reporting, or threatening to report, the citizenship or immigration status of a domestic worker, or the suspected citizenship or immigration status of a family member of such an individual, to a Federal, State, or local agency. (2) Requesting more or different documents than those required under section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ), or refusing to honor documents that on their face appear to be genuine. (3) Using the Federal E-Verify system to check employment status in a manner not required under section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ) or any memorandum governing use of the E-Verify system. (4) Filing, or threatening to file, a false police report relating to the immigration status of a domestic worker, or a family member of a domestic worker. (5) Contacting, or threatening to contact, immigration authorities relating to the immigration status of a domestic worker, or a family member of a domestic worker. (d) Presumption of retaliation (1) In general For the purposes of subsections (a) and (b), proof that a person discharged an individual, or discriminated against an individual with respect to compensation, terms, conditions, or privileges of employment, within 90 days of the individual involved asserting any claim or right under this subtitle, or assisting any other individual in asserting such a claim or right, shall raise a presumption that the discharge or discrimination was in retaliation as prohibited under subsection (a) or (b), as the case may be. (2) Rebuttal The presumption under paragraph (1) may be rebutted by clear and convincing evidence that such discharge or discrimination was taken for another permissible reason. 118. Enforcement authority (a) In general (1) Application In this subsection— (A) the term domestic worker means a domestic worker described in subsection (e)(1)(A); and (B) the term domestic work hiring entity means a domestic work hiring entity described in subsection (e)(2)(A). (2) Investigative authority (A) In general To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to hiring entities, domestic workers, and other individuals affected. (B) Obligation to keep and preserve records A domestic work hiring entity shall make, keep, and preserve records pertaining to compliance with this subtitle in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis The Secretary shall not require under this paragraph a domestic work hiring entity to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary— (i) has reasonable cause to believe there may exist a violation of this subtitle, including any regulation or order issued under this subtitle; or (ii) is investigating a charge under paragraph (4). (D) Subpoena authority For the purposes of any investigation under this paragraph, the Secretary shall have the subpoena authority provided under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by domestic workers (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against a domestic work hiring entity by one or more domestic workers, or a representative for and on behalf of the domestic workers and any other domestic workers that may be similarly situated. (B) Liability A domestic work hiring entity that violates this subtitle shall be liable to a domestic worker aggrieved by the violation, except as provided in subparagraphs (C) and (D), for— (i) damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained, or the costs reasonably related to damage to or loss of property, or any other injury to the person, reputation, character, or feelings, sustained by a domestic worker as a direct result of the violation, or any injury to another person sustained as a direct result of the violation, by the domestic work hiring entity; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; (III) an additional amount as liquidated damages; and (IV) such other legal relief as may be appropriate; (ii) such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (iii) a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action. (C) Meal and rest breaks In the case of a violation of section 115, the domestic work hiring entity involved shall be liable under subparagraph (B)— (i) for the amount of damages described in subclauses (I), (II), and (III) of subparagraph (B)(i); and (ii) under subparagraph (B)(i)(IV), for each such violation, for an amount equal to 1 hour of pay at the domestic worker’s regular rate of compensation (but not more than 2 hours of such pay for each workday for which the domestic work hiring entity is in violation of such section). (D) Written agreements In the case of a violation of section 110, the domestic work hiring entity involved shall be liable, under subparagraph (B)(i)(I), for an amount equal to $5,000. (E) Venue An action under this paragraph may be maintained in any Federal or State court of competent jurisdiction. (4) Action by the Secretary (A) Administrative action (i) In general Subject to clause (ii), and subparagraphs (C) and (D) of paragraph (3), the Secretary shall receive, investigate, and attempt to resolve complaints of violations of this subtitle in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including the Secretary’s authority to supervise payment of wages and compensation under section 16(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(c) ). (ii) Violations generally The Secretary may assess a civil penalty against a domestic work hiring entity that violates any section of this subtitle— (I) of not more than $15,000 for any first violation of any such section by such domestic work hiring entity; and (II) of not more than $25,000 for any subsequent violation of any such section by such domestic work hiring entity. (B) Administrative review Any aggrieved dislocated worker who takes exception to an order issued by the Secretary under subparagraph (A) may request review of and a decision regarding such order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no aggrieved dislocated worker requests such review within 60 days after the order is issued under subparagraph (A), the order shall be considered to be a final order that is not subject to judicial review. (C) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover amounts described in paragraph (3)(B) on behalf of a domestic worker aggrieved by a violation of this subtitle. (D) Sums recovered (i) In general Any sums recovered by the Secretary under subparagraph (C) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each domestic worker aggrieved by the violation for which the action was brought. Any such sums not paid to a domestic worker because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as a miscellaneous receipt. (ii) Civil penalty Any sums recovered by the Secretary under subparagraph (A)(ii) shall be deposited into the general fund of the Treasury of the United States as a miscellaneous receipt. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. (C) Commencement An action shall be considered commenced under paragraph (3), (4), or (6) for the purposes of this paragraph on the date on which the complaint is filed under such paragraph (3), (4), or (6). (6) Action for injunction The district courts of the United States together with the District Court of the Virgin Islands and the District Court of Guam shall have jurisdiction, for cause shown, in an action brought by a domestic worker or the Secretary— (A) to restrain violations of this subtitle, including the withholding of a written agreement from a domestic worker as required under section 110, or of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to a domestic worker under this subtitle; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion, for a violation of this subtitle. (7) Solicitor of labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(B). (c) Employees covered by chapter 5 of title 3 , United States Code The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(C). (d) Employees covered by chapter 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(D). (e) Definition In section 117 and this section, except as otherwise provided in this subsection: (1) Domestic worker Notwithstanding section 3, the term domestic worker means a domestic worker— (A) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(A); (B) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(B); (C) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(C); and (D) as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(D). (2) Domestic work hiring entity Notwithstanding section 3, the term domestic work hiring entity means a domestic work hiring entity— (A) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in clause (i) or (ii) of subparagraph (A), and subparagraph (B), of paragraph (3); (B) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(iii) and (B) of paragraph (3); (C) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(iv) and (B) of paragraph (3); and (D) as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(v) and (B) of paragraph (3)(A). (3) Employer Notwithstanding section 3, for purposes of paragraph (2), the term employer means a person who is— (A) (i) an employer, as defined in section 3(a), who is not covered under another clause of this subparagraph; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) of title 3, United States Code; or (v) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (B) an enterprise engaged in commerce or in the production of goods for commerce. (4) Employment Notwithstanding section 3, the term employment includes service as a domestic worker. 119. Effect on existing employment benefits and other laws (a) In general Nothing in this subtitle shall— (1) supersede a provision in a collective bargaining agreement; or (2) be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this Act. (b) Other laws Nothing in this subtitle shall— (1) affect the obligation of a domestic work hiring entity to provide a reasonable accommodation in the form of a change to the work schedule of a domestic worker required under any other law, or to otherwise comply with any other law; (2) preempt, limit, or otherwise affect the applicability of any State or local law that provides comparable or superior benefits for domestic workers to the requirements under this subtitle; or (3) diminish the rights, privileges, or remedies of any domestic worker under any Federal or State law or under any collective bargaining agreement. (c) No waivers The rights and remedies in this subtitle may not be waived by a domestic worker through any agreement, policy, or form, or as a condition of employment. C Domestic worker health and safety 121. National domestic worker hotline (a) In general The Secretary shall award a grant, on a competitive basis, to an entity eligible under subsection (b), for a national hotline that domestic workers may call to report emergencies, seek emergency services, or seek support or guidance in lieu of emergency services. (b) Eligibility In order to be eligible to receive a grant under subsection (a), an entity shall— (1) be an entity described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (2) have a demonstrated expertise in and experience with domestic workers; (3) employ or otherwise engage domestic workers in the performance of domestic services; (4) have a leadership or board structure that includes domestic workers; and (5) comply with any other criteria established by the Secretary for purposes of this section. 122. Access to health and safety (a) Standard for domestic workers (1) Standard (A) In general Not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall, to improve the health and safety of domestic workers that clean private homes, promulgate a consumer product safety standard under section 7 of the Consumer Product Safety Act ( 15 U.S.C. 2056 ) to require manufacturers of household cleaning supplies to— (i) make safety data sheets for any household cleaning supply that contains a hazardous chemical available on the website of the manufacturer in a manner that ensures such safety data sheets are easily accessed via the name of the specific product line; (ii) translate such safety data sheets into multiple languages, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates the basic information fact sheet published by the Administrator; and (iii) create and provide, for use on small secondary containers, small labels with the name of the product and its ingredients as listed on the safety data sheet. (B) Civil penalty Notwithstanding section 20 of the Consumer Product Safety Act ( 15 U.S.C. 2069 ), or any other provision of that Act, any person that knowingly violates the requirements of the standard promulgated under subparagraph (A) shall be subject to a civil penalty not to exceed $500 for each violation. (2) Educational materials for workers The Consumer Product Safety Commission shall produce educational materials for consumers and domestic workers regarding requirements for safety data sheets and translate such materials into multiple languages, including all languages described in paragraph (1)(A)(ii). (3) Definitions In this subsection: (A) Hazardous chemical The term hazardous chemical has the meaning given such term in section 1910.1200(c) of title 29, Code of Federal Regulations, or a successor regulation. (B) Household cleaning supply The term household cleaning supply — (i) means any product, including a soap or detergent containing a surfactant as a wetting or dirt emulsifying agent, that is used primarily for domestic or commercial cleaning purposes, including the cleansing of fabrics, dishes, food utensils, and household and commercial premises; and (ii) does not include— (I) food, drugs, or cosmetics, including personal care items such as toothpaste, shampoo, or hand soap; or (II) products labeled, advertised, marketed, or distributed for use primarily as a pesticide subject to the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ). (C) Safety data sheets The term safety data sheets means the safety data sheets required under section 1910.1200 of title 29, Code of Federal Regulations, or a successor regulation. (b) NIOSH educational materials Not later than 1 year after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall develop and publish educational materials on protecting the health and safety of domestic workers who provide child care or cleaning services. 123. Occupational safety and health training grants The Secretary shall, in awarding Susan Harwood training grants under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ), assure that hazards facing domestic workers are included as a topic for training in any announcement for such grants issued after the date of enactment of this Act. 124. Workplace harassment survivor supports study (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report, to the Interagency Task Force on Domestic Workers Bill of Rights Enforcement established under section 303(a) and Congress, on ways to expedite public support to ensure that survivors of workplace harassment in low-wage, vulnerable, and marginalized sectors, such as the domestic service sector, can access support for any of the following: (1) Housing services. (2) Health care services, including mental health services. (3) Counseling services. (4) Workers’ compensation. (5) Unemployment insurance. (6) Disability benefits. (7) Transportation stipends. (8) Support for caregiving needs, including paid leave, child care, and care for an individual related to the survivor by blood or affinity or whose close association with the survivor is the equivalent of a family relationship. (9) Any other support determined appropriate by the Secretary. (b) Recommendations The report required under subsection (a) shall— (1) include specific recommendations for each type of support listed in paragraphs (1) through (8) of such subsection; and (2) take into account that support is needed regardless of immigration or citizenship status. D Amendment to title VII of Civil Rights Act of 1964 131. Including certain domestic workers in civil rights protections against discrimination in employment Section 701(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) ) is amended by striking fifteen and inserting one . II Standards board, benefits, and workforce investment 201. Domestic worker standards board (a) Establishment and purposes The Secretary shall establish a board to be known as the Domestic Worker Standards Board (referred to in this section as the Board ) to investigate standards in the domestic workers industry, and issue recommendations to the Secretary under subsection (e)(1), in order to promote the health, safety, and well-being of domestic workers. (b) Membership (1) Composition The Board shall be composed of 11 members, of which— (A) 5 shall be individuals, appointed by the Secretary in accordance with paragraph (2), representing domestic workers; (B) 5 shall be individuals, appointed by the Secretary in accordance with paragraph (3), representing domestic work hiring entities; and (C) 1 shall be an individual appointed by the Secretary who is an expert on the domestic services sector from academia, the nonprofit sector, or a Federal, State, or local governmental agency. (2) Domestic workers seats (A) In general The Secretary shall appoint members of the Board representing domestic workers from among individuals nominated under subparagraph (B) by eligible worker organizations. (B) Selection of eligible worker organizations The Secretary shall enter into agreements, on a competitive basis, with eligible worker organizations for such organizations to nominate individuals to serve as members of the Board representing domestic workers. (C) Selecting individuals on the board For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision. (D) Definition of eligible worker organization In this paragraph, the term eligible worker organization means an organization that— (i) is not a hiring entity or employment agency; (ii) represents members of the organization, including domestic workers; (iii) (I) is described in paragraph (3), (4), or (5) of section 501(c) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code; and (II) is organized and operated for the betterment of workers, including domestic workers; (iv) engages in public advocacy to promote the health and well-being of domestic workers; (v) has a governing structure that promotes the decision-making power of domestic workers; and (vi) submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (3) Domestic work hiring entity seats (A) In general The Secretary shall appoint members of the Board representing domestic work hiring entities from among individuals nominated by eligible hiring organizations under subparagraph (B). (B) Selection of eligible hiring organizations The Secretary shall enter into agreements on a competitive basis with eligible hiring organizations for such organizations to nominate individuals to serve as members of the Board representing domestic work hiring entities. (C) Selecting individuals on the board (i) In general For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision. (ii) Requirements for appointments The Secretary shall ensure that— (I) not less than 2 seats under this paragraph are filled by an individual who contracts with, or hires, 1 domestic worker to work in the residence of the individual; (II) not less than 1 seat under this paragraph is filled by a nomination from an eligible hiring organization that is dedicated to the well-being of domestic workers; (III) not less than 1 seat under this paragraph is filled by an individual who relies on a personal care aide or assistant financed through a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (IV) not less than 1 seat under this paragraph is filled by an individual who— (aa) is an adult family member of a Medicaid HCBS-eligible elderly individual or an individual with a disability; (bb) is an informal provider of in-home care to such Medicaid HCBS-eligible elderly individual or individual with a disability; and (cc) contracts with, or hires, 1 or more domestic workers to provide additional care for the Medicaid HCBS-eligible elderly individual or individual with a disability; (V) a single domestic work hiring entity does not fill more than 1 seat under this paragraph; and (VI) any domestic work hiring entity serving on the Board satisfies the requirements under clause (iii). (iii) Disclosure of labor violations (I) In general The Secretary shall require that each domestic work hiring entity that serves on the Board disclose to the Secretary, with respect to the preceding 5-year period— (aa) any administrative merits determination, arbitral award or decision, or civil judgment, rendered against the entity for a violation of the labor laws listed in subclause (II); and (bb) any steps taken by the entity to correct a violation of or improve compliance with the labor laws listed in subclause (II), including any agreement entered into with an enforcement agency. (II) Labor laws The labor laws described in this subclause are each of the following: (aa) The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (bb) Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ). (cc) The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ). (III) Responsible source The Secretary shall consider information disclosed by a domestic work hiring entity under this clause to determine whether the entity has a satisfactory record of integrity and business ethics for purposes of determining whether the entity shall serve on the Board. (D) Definition of eligible hiring organization In this paragraph, the term eligible hiring organization means an organization that— (i) (I) is an agency employing 2 or more domestic workers; or (II) is an association of 2 or more individuals who hire or contract with domestic workers; and (ii) submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (4) Chairperson The Board shall select a Chairperson from among the members of the Board. (5) Executive committee The Chairperson shall assign an executive committee of 3 members of the Board, including not less than 1 representative appointed under paragraph (2) and 1 representative appointed under paragraph (3). Such executive committee shall establish an agenda and a work plan for the Board. (c) Terms (1) In general Except as provided in paragraph (2), each member of the Board shall serve a term of 2 years. (2) Initial members The Secretary shall stagger the terms of the Board members such that— (A) 6 of the initial members appointed to the Board serve a term of 4 years, including 3 of the members described in subsection (b)(1)(A) and 3 of the members described in subsection (b)(1)(B); and (B) 5 of the initial members appointed to the Board serve a term of 2 years, including 2 of the members described in subsection (b)(1)(A), 2 of the members described in subsection (b)(1)(B), and the member described in subsection (b)(1)(C). (3) Vacancies (A) In general A vacancy on the Board— (i) shall not affect the powers of the Board; and (ii) shall be filled in the same manner as the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Filling unexpired terms An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Presumption If a member of the Board is unable to fill the duties of the member in serving on the Board, or leaves the domestic service industry, for a period that exceeds 90 days while serving on the Board, the seat of the member shall be considered a vacancy for purposes of this paragraph. (d) Meetings (1) In general The Board shall meet at the call of the Chairperson. (2) Public notice The call of the Chairperson under paragraph (1) shall include notice to the public of the meeting. (3) Initial meeting Not later than 90 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. (e) Standards (1) Process for recommending standards (A) In general Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter, the Board shall issue recommendations to the Secretary for standards that affect the well-being of domestic workers, including recommendations for— (i) workplace standards for domestic workers, including standards for— (I) occupational safety and health, that include the immediate protection of domestic workers and domestic work hiring entities from infectious diseases such as COVID–19; (II) wages; (III) hours; (IV) benefits; and (V) other matters that impact working conditions; and (ii) implementing and enforcing the rights of domestic workers granted under this Act and other Federal laws, including rights for minimum wage, health, safety, and other workplace standards. (B) Voting Any decision of the Board regarding a recommendation issued under subparagraph (A) shall be decided through a vote of the Board. In any such vote: (i) Each voting member of the Board shall have 1 vote. (ii) A quorum of the members of the Board shall be required to be in attendance at the vote. A quorum shall not be formed if there are in attendance fewer than— (I) 2 members of the Board described in subsection (b)(1)(A); or (II) 2 members of the Board described in subsection (b)(1)(B). (iii) The vote shall be agreed to upon the affirmative vote of not less than a majority of the members of the Board present and voting. (2) Rulemaking (A) Authority Subject to requirements under other law and paragraph (3), the Secretary may issue a rule, in accordance with section 553 of title 5, United States Code, regarding any standard recommended by the Board under paragraph (1). (B) Decision (i) In general Not later than 90 days after receiving a recommendation from the Board under paragraph (1), the Secretary shall issue a decision on— (I) whether the Secretary will issue a rule under subparagraph (A) regarding such recommendation; and (II) if the Secretary issues such a rule, whether the Secretary will deviate from such recommendation through such rule. (ii) Explanatory statement If the Secretary decides not to issue a rule under subparagraph (A) regarding a recommendation under paragraph (1) or decides to deviate from such recommendation in such a rule, the Secretary shall have 90 days after receiving such recommendation to issue a statement explaining the decision. (C) Workplace standards No standard included in a rule issued under subparagraph (A) may be for a workplace standard that is less protective of domestic workers than any law in effect on the date of enactment of this Act for domestic workers under any State or local law. (3) Recommendations to Congress (A) In general For any recommendation made by the Board under paragraph (1) that the Secretary determines is not within the authority of the Secretary, the Secretary shall make a recommendation to Congress to take action on the recommendation. (B) Hearing and investigations Not later than 1 year after such a recommendation is made by the Secretary to Congress under subparagraph (A), Congress shall conduct a hearing on and investigate the recommendation. (C) Rulemaking This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (f) Powers (1) Hearings (A) In general The Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this section. (B) Required public hearings The Board shall, prior to issuing any recommendation under this section, hold public hearings to enable domestic workers across the United States to have access to the Board. Any such public hearing shall— (i) be held at such a time, in such a location, and in such a facility that ensures accessibility for domestic workers; (ii) include interpretation services in the languages most commonly spoken by domestic workers in the geographic region of the hearing; (iii) be held in each of the regions served by the regional offices of the Wage and Hour Division of the Department of Labor; and (iv) include worker organizations in helping to populate the hearings. (2) Information from Federal agencies (A) In general The Board may secure directly from a Federal agency such information as the Board considers necessary to carry out this section. (B) Provision of information On request of the Chairperson of the Board, the head of the agency shall provide the information to the Board. (3) Postal services The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (4) Gifts The Board may accept, use, and dispose of gifts or donations of services or property. (g) Board personnel matters (1) Compensation of members (A) Non-Federal employees A member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. (B) Federal employees A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (2) Travel expenses A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (3) Staff (A) In general The Chairperson of the Board may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Board to perform the duties of the Board. (B) Required staff members The Secretary shall, in accordance with subparagraph (A), designate no fewer than 2 full-time staff members to support the operation of the Board through logistical, administrative, and legislative activities. (C) Confirmation of executive director The employment of an executive director shall be subject to confirmation by the Board. (D) Compensation (i) In general Except as provided in clause (ii), the Chairperson of the Board may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (ii) Maximum rate of pay The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of Federal government employees (A) In general An employee of the Federal Government may be detailed to the Board without reimbursement. (B) Civil service status The detail of the employee shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Board may procure temporary and intermittent services in accordance with 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. (h) Rule of construction for reporting requirements (1) In general Neither the nomination by an eligible worker organization of 1 or more individuals to serve as members of the Board, nor service on the Board by a representative of an eligible worker organization, shall— (A) make the eligible worker organization subject to the reporting requirements for labor organizations under title II of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431 et seq. ); or (B) be considered as a factor in any determination of whether the eligible worker organization is subject to such reporting requirements. (2) LMRDA requirements The status of an organization as an eligible worker organization shall not, by itself, make the organization subject to any reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ). (3) Definition of eligible worker organization For purposes of this subsection, the term eligible worker organization has the meaning given such term in subsection (b)(2)(D). (i) Prohibited acts No domestic work hiring entity may take any action prohibited under paragraph (7) of section 117(b) with respect to a domestic worker participating as a member of, or taking an action described in paragraph (8) of such section with respect to, the Board. (j) Rule of construction for State and local standards Nothing in this section shall preempt a State or local law with greater protections for domestic workers than the protections for such workers included in a standard issued through a rule under subsection (e)(2). (k) Effect on existing domestic worker benefits (1) More protective Nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, collective bargaining agreement, or any domestic worker benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this Act. (2) Less protective The rights established for domestic workers under this section shall not be diminished by any contract, collective bargaining agreement, or any benefit program or plan. 202. Domestic workers’ benefits study (a) Study (1) In general The Secretary shall conduct a study, which may be through a contract with another entity, for the purpose of providing information to labor organizations, domestic work hiring entities, and the general public concerning how to increase the number of domestic workers who have access to a secure retirement, affordable health care, unemployment insurance, life insurance, and other common benefits provided to employees of large private and public sector employers. (2) Matters The study conducted under paragraph (1) shall include— (A) a review of— (i) the levels of access to and usage of benefits for domestic workers, including retirement savings, health insurance, and reduced health care costs, paid sick time, unemployment insurance, disability and life insurance, and paid family and medical leave; (ii) barriers for domestic workers to— (I) participate in the old-age, survivors, and disability insurance program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ); (II) obtain disability insurance; (III) access and use benefits, including the old-age, survivors, and disability insurance program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Medicaid program established under title XIX of that Act ( 42 U.S.C. 1396 et seq. ), unemployment insurance, any benefits provided under the Patient Protection and Affordable Care Act ( Public Law 111–148 ), including the amendments made by that Act, paid family and medical leave, paid sick time, and any additional benefits identified by the Secretary, including such benefits that are portable from job to job; (IV) otherwise access affordable health insurance; and (V) access any other benefits described in clause (i); (iii) the portability of work-related benefits for domestic workers and the laws, including regulations, preventing innovation and improvement in the portability of such benefits; and (iv) whether domestic workers benefitted from the emergency family and medical leave and emergency paid sick leave provisions under the Families First Coronavirus Response Act ( Public Law 116–127 ), including the amendments made by that Act, and lessons learned from the implementation of these provisions; (B) an identification and analysis of State and nongovernmental innovations that can serve as potential replicable models on the national level to increase access to work-related benefits for domestic workers, through portability, outreach, enrollment, and other strategies; (C) a comparison of the ability of domestic workers to access, be eligible for, and participate in public and private sector work-related benefits compared to such ability of other workers; (D) a study on the coverage of domestic workers under State workers’ compensation laws, including in all 50 States, the District of Columbia, and territories of the United States; and (E) recommendations for innovations and reforms that would— (i) ensure domestic workers could— (I) access and use benefits, including the old-age, survivors, and disability insurance program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Medicaid program established under title XIX of that Act ( 42 U.S.C. 1396 et seq. ), unemployment insurance, any benefits provided under the Patient Protection and Affordable Care Act ( Public Law 111–148 ), including the amendments made by that Act, paid family and medical leave, paid sick time, and any additional benefits identified by the Secretary, including such benefits that are portable from job to job; and (II) have contributions for the benefits described in subclause (I) from multiple hiring entities as applicable; (ii) provide adequate levels of such benefits for domestic workers; and (iii) enable a domestic worker to have access to such benefits through multiple jobs the worker may have. (b) Report Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to the President and Congress a report on the study conducted under subsection (a) that includes each of the following: (1) The findings and conclusions of the study, including its findings and conclusions with respect to the matters described in subsection (a)(2). (2) Considerations for laws, including regulations, that should be reviewed to address barriers impacting domestic workers. (3) Other information and recommendations with respect to benefits for domestic workers as the Secretary considers appropriate. 203. Workforce investment activities grants for domestic workers (a) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor, in consultation with the Secretary of Education and the Secretary of Health and Human Services. (2) Supportive services; training services; workforce investment activities The terms supportive services , training services , and workforce investment activities have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (b) National grant program for domestic workers Every 3 years, the Secretary shall, on a competitive basis, make grants to, or enter into contracts with, eligible entities to carry out the activities described in subsection (d). The Secretary shall make the grants, or enter into the contracts, for periods of 4 years. (c) Eligibility (1) Eligible entities (A) In general Subject to subparagraph (B), to be eligible to receive a grant or enter into a contract under this section, an entity shall be— (i) (I) a nonprofit organization that is described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code; (II) an organization with a board of directors, at least one-half of the members of which is comprised of— (aa) domestic workers; or (bb) representatives of an organization of such workers, which organization is independent from all businesses, organizations, corporations, or individuals that would pursue any financial interest in conflict with that of the workers; (III) an organization that is independent as described in subclause (II)(bb); and (IV) an organization that has expertise in domestic work and the workforce of domestic workers; (ii) an eligible provider of training services listed pursuant to section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ); or (iii) an entity that carries out a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (B) Eligible entity that trains personal care aides or assistants In the case of an entity that plans to use a grant or cooperative agreement under this section to train personal care aides or assistants, such entity shall, to be eligible for such grant or contract, partner with individuals with disabilities or organizations that represent individuals with disabilities. (2) Program plan (A) In general To be eligible to receive a grant or enter into a contract under this section, an entity described in paragraph (1) shall submit to the Secretary of Labor a plan that describes a 4-year strategy for meeting the needs of domestic workers in the area to be served by such entity. (B) Contents Such plan shall— (i) describe the domestic worker population to be served and identify the needs of the population to be served for workforce investment activities and related assistance, which may include employment and supportive services; (ii) identify the manner in which career pathways to be provided will strengthen the ability of the domestic workers to be served to obtain or retain employment and to improve wages or working conditions, including improved employment standards and opportunities in the field of domestic work; (iii) specifically address how the funding provided through the grant or contract for services under this section to domestic workers will improve wages and skills for domestic workers in a way that helps meet the need to recruit workers for and retain workers in in-demand occupations or careers; and (iv) in the case of an entity that plans to serve domestic workers who are personal care aides or assistants through the grant or contract, provide an assurance that the workforce investment activities and related assistance carried out under this section will include relevant training for such domestic workers— (I) regarding the rights of recipients of home and community based services, including the rights of such recipients to— (aa) receive services in integrated settings that provide access to the broader community; (bb) exercise self-determination; (cc) be free from all forms of abuse, neglect, or exploitation; and (dd) receive person-centered planning and practices, including through the participation of such recipients in planning activities; (II) to ensure that each participant of such training has the necessary skills to recognize abuse and understand their obligations with regard to reporting and responding to abuse appropriately in accordance with relevant Federal and State law; and (III) regarding the provision of culturally competent and disability-competent supports to recipients of services provided by personal care aides or assistants. (3) Awards and administration The grants and contracts under this subsection shall be awarded by the Secretary using full and open competitive procedures and shall be administered by the Secretary. (d) Authorized activities Funds made available under this section shall be used to carry out workforce investment activities and provide related assistance for domestic workers, which may include— (1) outreach, employment, training services, educational assistance, digital literacy assistance, English language and literacy instruction, worker safety training, supportive services, school dropout prevention and recovery activities, individual career services, and career pathways; (2) follow-up services for those individuals placed in employment; (3) development or education as needed by eligible individuals as identified; (4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in domestic work or another area; and (5) the creation or maintenance of employment and training-related placement services, including digital placement services. (e) Funding allocation From the funds appropriated and made available to carry out this section, the Secretary shall reserve not more than 1 percent for discretionary purposes related to carrying out this section, such as providing technical assistance to eligible entities. (f) Eligible provider performance reports Each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section. The performance report for an eligible entity shall include, with respect to each such program (referred to in this subsection as a program of study ) of such provider— (1) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (V) of section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) ) with respect to all individuals engaging in the program of study; (2) the total number of individuals exiting from the program of study; (3) the total number of participants who received training services through the program; (4) the total number of participants who exited from training services, disaggregated by the type of entity that provided the training services, during the most recent program year and the 3 preceding program years; (5) the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training services, during the most recent program year and the 3 preceding program years; and (6) information on indicators specified by the Secretary concerning the impact of the training services on the wages, skills, recruitment, and retention of participants. 204. Report on career pathways, training standards, and apprenticeships for domestic workers (a) Definition In this section, the term Secretary means the Secretary of Labor, acting in consultation with the Secretary of Education and the Secretary of Health and Human Services. (b) Preparation (1) In general The Secretary shall conduct an interim study and a final study regarding the development of career pathways, national training standards, registered apprenticeship programs, and credentials for domestic workers who work in health care. (2) Contents The study required under paragraph (1) shall— (A) (i) examine how the establishment or expansion of career pathways, national training standards, registered apprenticeship programs, or credentials could enable the Nation to meet the growing demand for domestic workers; and (ii) make recommendations on whether and, if so, how that establishment could improve wages and working conditions across the domestic worker industry; (B) (i) examine how the creation or expansion of registered apprenticeship programs for domestic workers, including such programs conducted at work sites of domestic workers and such programs that use peer educators and peer mentors for such workers, could improve opportunities for such workers; and (ii) make recommendations on whether and, if so, how, that creation or expansion could improve wages and working conditions across the domestic worker industry; and (C) examine whether any amendments to the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) after the date of enactment of this Act should include assistance, through grants and contracts, specifically for domestic workers to improve outreach, training, education, and other assistance and support activities for such workers. (3) Consultation The study under paragraph (1) shall be conducted in consultation with representatives of domestic workers, experts in the field of domestic work, and domestic worker-led organizations. (c) Submission of reports (1) Interim report Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an interim report containing the findings of the interim study under subsection (b). (2) Final report Not later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a final report containing the findings of the final study under subsection (b). III Implementation of the domestic workers bill of rights 301. Definitions In this title: (1) Domestic workers bill of rights The term domestic workers bill of rights — (A) means the rights and protections provided to domestic workers under this Act, and the amendments made by this Act, including (as applicable)— (i) coverage under the overtime requirements of section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ); (ii) the right of live-in domestic employees to certain notices and communications under section 8 of such Act ( 29 U.S.C. 208 ); (iii) any minimum wage for domestic workers that may be established pursuant to a recommendation to Congress under section 201(e)(3); (iv) the protection against retaliation under section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ); (v) the applicability of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) to employers of 1 or more employees; (vi) the labor rights and privacy protections provided to domestic workers under subtitle B of title I, including— (I) the right to a written agreement under section 110; (II) the right to earned paid sick time provided under section 111; (III) the fair scheduling practices required under section 112; (IV) the right to request and receive temporary changes to scheduled work hours for certain personal events under section 113; (V) the privacy protections under section 114; (VI) the right to meal and rest breaks in accordance with section 115; (VII) the protection from wage deductions for cash shortages, breakages, or loss under subsection (a) of section 116 and wage deductions or other penalties for communications described in subsection (b) of such section; and (VIII) the protection against retaliation under section 117(b); and (vii) the availability of— (I) safety data sheets for household cleaning supplies in accordance with the consumer product safety standard promulgated by the Consumer Product Safety Commission under section 7 of the Consumer Product Safety Act ( 15 U.S.C. 2056 ) and section 122(a); (II) educational materials from the National Institute for Occupational Safety and Health relating to the health and safety of domestic workers who provide child care or cleaning services under section 122(b); and (III) the national domestic worker hotline supported under section 121, including the phone number and other contact methods for the hotline; and (B) includes any rules promulgated by the Secretary under this Act, or the amendments made by this Act, and any standard recommended by the Board that is promulgated as such a rule or otherwise implemented by the Secretary. (2) Eligible entity The term eligible entity means— (A) an organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code that— (i) has a board of directors, at least one-half of the members of which is comprised of— (I) domestic workers; or (II) representatives of organizations of such workers, which organization is independent from all businesses, organizations, corporations, or individuals that would pursue any financial interest in conflict with that of the workers; (ii) is independent, as described in clause (i)(II); (iii) has expertise in domestic service and the workforce of domestic workers, and has a track record of working with domestic workers; and (iv) operates in a jurisdiction with a significant population of domestic workers; or (B) a partnership of organizations described in subparagraph (A). (3) Notice of domestic worker rights The term notice of domestic worker rights means the document created and made available by the Secretary under section 302(a). 302. Notice of domestic worker rights (a) Providing notice of rights to domestic workers (1) Notice of rights The Secretary shall create, and make available, a notice of domestic worker rights document that describes the rights and protections provided by the domestic workers bill of rights and any other protections and other rights afforded under Federal law to domestic workers. (2) Availability and accessibility of notice The notice of domestic worker rights shall be— (A) a written document made available online, including through the website described in subsection (b); and (B) available in English, Spanish, and other languages understood by domestic workers, which shall be determined by the Secretary and include, at a minimum, the translation languages for the basic information fact sheet (or any successor document) produced by the Department of Labor. (b) Establishing a domestic workers rights website Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a single web page on the website of the Department of Labor that summarizes in plain language the rights of domestic workers under the domestic workers bill of rights. 303. Interagency Task Force on Domestic Workers Bill of Rights Enforcement (a) Establishment There is established an Interagency Task Force on Domestic Workers Bill of Rights Enforcement (referred to in this section as the Task Force ). (b) Members The Task Force shall consist of— (1) representatives of the Department of Labor selected by the Secretary, including representatives of the Wage and Hour Division, Occupational Safety and Health Administration, and Office of the Solicitor of Labor; (2) representatives of the Department of Health and Human Services selected by the Secretary of Health and Human Services, including representatives of the Centers for Medicare and Medicaid Services and the Administration for Community Living; and (3) representatives of the Equal Employment Opportunity Commission, selected by the Commission. (c) Initial meeting The Task Force shall hold its first meeting by not later than 90 days after the date of enactment of this Act. (d) Duties (1) Recommendations regarding workplace challenges Beginning not later than 180 days after the date of enactment of this Act, the Task Force shall— (A) examine the issues and challenges facing domestic workers who come forward to enforce their workplace rights; (B) identify challenges agencies enforcing these workplace rights have in reaching domestic workers and enforcing, including by conducting hearings in each of the regions served by the regional offices of the Wage and Hour Division of the Department of Labor to hear directly from domestic workers, advocates, and officials or employees of such agencies in the regional and local areas; and (C) develop a set of recommendations, including sample legislative language, on the best enforcement strategies to protect the workplace rights of domestic workers, including— (i) how to reach, and enforce the rights of, domestic workers who work in private homes; (ii) ways for Federal agencies to work together or conduct joint enforcement of workplace rights for domestic workers, as domestic workers who experience one type of violation are likely also experiencing other types of violations; and (iii) ways the Task Force can work with State and local enforcement agencies on the enforcement of workplace rights for domestic workers. (2) Report By not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall prepare and submit a report to Congress regarding the recommendations described in paragraph (1)(C). (3) Joint enforcement (A) In general For a period of not more than 3 years after the date of enactment of this Act, the Task Force shall carry out such actions as the Task Force determines necessary to support joint enforcement by Federal agencies of violations of the rights of domestic workers. (B) Report At the end of the 3-year period described in subparagraph (A), the Task Force shall submit a report to Congress regarding the efficacy of joint enforcement. (4) Audit of Federal enforcement strategies By not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Task Force shall— (A) conduct an audit of the Federal enforcement strategies relating to the rights of domestic workers; and (B) prepare and submit to Congress a report regarding the results of the audit. (5) Consultation regarding community-based enforcement demonstration projects Upon the request of the Secretary, the Task Force shall review, and provide recommendations regarding, the applications for community-based enforcement grants under section 304. 304. National grant for community-based education, outreach, and enforcement of domestic worker rights (a) Program authorized (1) In general From amounts made available to carry out this section, the Secretary, after consultation with the Interagency Task Force on Domestic Workers Bill of Rights Enforcement, shall award grants to eligible entities to enable the eligible entities to expand and improve cooperative efforts between Federal agencies and members of the community, in order to— (A) enhance the enforcement of the domestic workers bill of rights and other workplace rights provided to domestic workers under relevant Federal, State, and local laws; (B) educate domestic workers of their rights under the domestic workers bill of rights and other workplace rights under Federal, State, and local laws; (C) educate domestic work hiring entities regarding their responsibilities and obligations under the domestic workers bill of rights and other relevant Federal, State, and local laws; and (D) assist domestic workers in pursuing their workplace rights under the domestic workers bill of rights and other relevant Federal, State, or local laws. (2) Duration of grants Each grant awarded under this section shall be for a period of not more than 3 years. (b) Applications (1) In general An eligible entity desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (2) Partnership applications In the case of an eligible entity that is a partnership, the eligible entity may designate, in the application, a single organization in the partnership as the lead entity for purposes of receiving and disbursing funds. (3) Contents An application described in paragraph (1) shall include— (A) a description of a plan for the demonstration project that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan that reflects expected participation of, and partnership with, community partners; and (B) information on the training and education that will be provided to domestic workers and domestic work hiring entities under such program. (c) Selection (1) In general Subject to paragraph (2), the Secretary shall award grants under this section on a competitive basis. (2) Distribution through regions In awarding grants under this section, the Secretary shall ensure that a grant is awarded to an eligible entity in each region represented by a regional office of the Wage and Hour Division of the Department of Labor, to the extent practicable based on the availability of appropriations and the applications submitted. (d) Use of funds An eligible entity receiving a grant under this section shall use grant funds to develop a community partnership and establish and support, through the partnership, 1 or more of the following activities: (1) Disseminating information and conducting outreach and training to educate domestic workers about the rights and protections provided under the domestic workers bill of rights. (2) Conducting educational training for domestic work hiring entities about their obligations under the domestic workers bill of rights. (3) Conducting orientations and training jointly with relevant Federal agencies, including the Interagency Task Force established under section 303, regarding the rights and protections provided under the domestic workers bill of rights. (4) Providing mediation services between private-pay employers and workers. (5) Providing assistance to domestic workers in filing claims relating to violations of the domestic workers bill of rights, either administratively or in court. (6) Monitoring compliance by domestic work hiring entities with the domestic workers bill of rights. (7) Establishing networks for education, communication, and participation in the community relating to the domestic workers bill of rights. (8) Evaluating the effectiveness of programs designed to prevent violations of the domestic workers bill of rights and enforce the domestic workers bill of rights. (9) Recruiting and hiring staff and volunteers for the activities described in this subsection. (10) Producing and disseminating outreach and training materials. (11) Any other activity as the Secretary may reasonably prescribe through notice and comment rulemaking. (e) Memoranda of understanding (1) In general Not later than 60 days after receiving a grant under this section, an eligible entity shall negotiate and finalize with the Secretary a memorandum of understanding that sets forth specific goals, objectives, strategies, and activities that will be carried out under the grant by the eligible entity through a community partnership. (2) Signatures A representative of the eligible entity receiving a grant (or, in the case of an eligible entity that is a partnership, a representative of each organization in the partnership) and the Secretary shall sign the memorandum of understanding under this subsection. (3) Revisions A memorandum of understanding under this subsection shall be reviewed and revised by the eligible entity and the Secretary each year for the duration of the grant. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 305. Encouraging the use of fiscal intermediaries Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall issue a rule to facilitate the use of fiscal intermediaries that enable payments between domestic workers and domestic work hiring entities, to improve transparency, enforcement, and working conditions of domestic workers. 306. J–1 Visa program (a) Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to limit the authority of the Secretary of Labor or the States to enforce labor laws, or promulgate regulations, with respect to work performed by an individual who is— (1) participating in an exchange visitor program described in section 62.31 of title 22, Code of Federal Regulations (or a successor regulation); and (2) present in the United States pursuant to a visa issued under section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ). (b) Notification of rights (1) In General Not later than 180 days after the date of enactment of this Act, the Secretary of State and any sponsor designated under subsection (b) of section 62.31 of title 22, Code of Federal Regulations (or a successor regulation), to carry out an au pair program shall— (A) notify each au pair participating in the program of his or her rights under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); and (B) provide to each such au pair— (i) a description of the services provided by the Wage and Hour Division of the Department of Labor; and (ii) information with respect to the manner in which the au pair may contact the Department of Labor to request assistance. (2) Applicability of domestic worker requirements The notice requirement under paragraph (1) shall be in addition to all other protections or notices that apply to a domestic worker who is also an individual participating in an au pair program. 307. Application to domestic workers who provide Medicaid-funded services (a) Regulations To apply domestic worker protections and rights Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services jointly shall develop and issue the following regulations: (1) Regulations regarding the application of the protections and rights afforded to domestic workers including personal care aide or assistants who provide services described in subsection (b) that are funded under the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such plan including through a contract or other arrangement with a managed care entity (as defined in section 1932(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1396u–2(a)(1)(B) )), to individuals enrolled in such plan or waiver. The regulations issued under this paragraph shall recognize the role of self-directed care for individuals with disabilities and shall— (A) protect, stabilize, and expand the domestic worker and personal care aide or assistant workforce; (B) recognize the role of self-directed care for individuals with disabilities; (C) prohibit States from requiring individuals with disabilities who self-direct their care to use their direct service budget to pay for costs resulting from the application of such protections and rights to domestic workers (such as paid sick time, penalties, or overtime pay) except to the extent that such costs are directly related to the provision of services described in subsection (b) to such individuals; (D) facilitate Federal and State compliance with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and the holdings of the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), and companion cases; and (E) prohibit States from reducing the level at which States make medical assistance for the services described in subsection (b) available under the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such plan as a result of the application of protections and rights afforded to domestic workers who provide such services. (2) Regulations regarding— (A) mechanisms for States to use to pay for the costs described in paragraph (1)(C), including, to the extent the Secretaries determine appropriate, through the establishment of a dedicated State fund, using funds appropriated to a State agency, and using fiscal intermediaries; and (B) how States may use funds provided as a result of the increased Federal medical assistance percentage for services provided by domestic workers under section 1905(jj) of such Act ( 42 U.S.C. 196d(jj) ) (as added by section 401) for such costs. (b) Services described The services described in this subsection are the following: (1) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ). (2) Personal care services authorized under paragraph (24) of such section. (3) PACE services authorized under paragraph (26) of such section. (4) 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 ). (5) 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) ). (6) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act ( 42 U.S.C. 1396d(a)(13) ). (7) Such other services specified by the Secretary of Health and Human Services. 308. Delayed enforcement for government-funded programs (a) In general Notwithstanding any other provision of this Act, the Secretary shall delay all enforcement relating to the provisions of this Act, or the amendments made by this Act, with respect to a Federal, State, or local governmental agency, or an entity operating under a grant, contract, or other agreement for such agency until the day that is 2 years after the date of enactment of this Act. (b) Extension option The Secretary may extend the 2-year delay period in enforcement under subsection (a) with respect to a Federal, State, or local governmental agency, or an entity operating under a grant, contract, or other agreement for such agency for an additional 1-year period, if, through a process established by the Secretary, the Secretary determines the delay appropriate. In applying the preceding sentence, a delay in issuing the regulations required under section 307 shall be deemed a reason to extend the delayed enforcement period. (c) Delay of enforcement through civil actions by domestic workers providing services funded under Medicaid No action may be brought under section 118(a)(3) against a domestic work hiring entity that receives payment under a State Medicaid plan or waiver under title XIX of the Social Security Act for providing any services described in section 307(b), until on or after the date that is 2 years after the date of enactment of this Act. IV Funding 401. Temporary increase in the Federal medical assistance percentage for Medicaid-funded services provided by domestic workers (a) In general 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) Increased FMAP for medical assistance for services provided by domestic workers (1) Amount of increase (A) In general Notwithstanding subsection (b), with respect to amounts expended by a State for medical assistance described in paragraph (2) that is provided by a personal care aide or assistant during a quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this subsection, the Federal medical assistance percentage for the State and the quarter that applies to such expenditures shall, after application of any increase to the Federal medical assistance percentage for the State and quarter, if applicable, under subsection (y), (z), (aa), or (ii) of this section, section 1915(k), section 6008 of the Families First Coronavirus Response Act, section 9817 of the American Rescue Plan Act, or any other provision of law, be increased by 4 percentage points (not to exceed 100 percent). (B) Disregard from territorial payment 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. (2) Medical assistance described The medical assistance described in this paragraph is the following: (A) Home health care services authorized under paragraph (7) of subsection (a). (B) Personal care services authorized under paragraph (24) of such subsection. (C) PACE services authorized under paragraph (26) of such subsection. (D) Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915, such services authorized under a waiver under section 1115, and such services provided through coverage authorized under section 1937. (E) Case management services authorized under subsection (a)(19) and section 1915(g). (F) Rehabilitative services, including those related to behavioral health, described in subsection (a)(13). (G) Such other services specified by the Secretary. (3) Maintenance of effort requirement A State may not receive the increase described in paragraph (1) with respect to a quarter if the eligibility standards, methodologies, or procedures applicable to the provision of medical assistance described in paragraph (2) under the State plan (or waiver of such plan) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, applicable to the provision of such assistance under such plan (or waiver) as in effect on the date of enactment of this subsection. (4) Personal care aide or assistant defined In this subsection, the term personal care aide or assistant has the meaning given that term in section 3(b)(11) of the Domestic Workers Bill of Rights Act and includes any individual who provides medical assistance described in paragraph (2) for compensation. . (b) Application to CHIP Section 2105(a) of the Social Security Act ( 42 U.S.C. 1397ee(a) ) is amended by adding at the end the following new paragraph: (5) Child health assistance provided by domestic workers (A) In general Notwithstanding paragraph (1) and subsection (b), the Secretary shall pay to each State with a plan approved under this title, from its allotment under section 2104, an amount, for each quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this paragraph, equal to the enhanced FMAP, increased by 4 percentage points (not to exceed 100 percent) of expenditures in the quarter for child health assistance and pregnancy-related assistance described in subparagraph (B) that are provided under the plan for targeted low-income children and targeted low-income women. (B) Child health assistance and pregnancy-related assistance described The child health assistance and pregnancy-related assistance described in this subparagraph are the following: (i) Home and community-based health care services and related supportive services under paragraph (14) of section 2110 (other than training for family members, and minor modifications to the home). (ii) Rehabilitative services under paragraph (24) of section 2110. . 402. Process for determining an increased FMAP to ensure a robust homecare workforce under Medicaid (a) Data collection The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation (referred to in this section as ASPE ), shall enter into arrangements with States to collect State Medicaid program data on the personal care aide or assistant workforce. The data collected under such arrangements shall include the following: (1) Rates of retention and turnover of personal care aide or assistants by program type and State. (2) Causes of such turnover. (3) Numbers and types of personal care aide or assistants impacted by this Act and the amendments made by this Act, including, but not limited to, with respect to— (A) personal care aide or assistants providing services to individuals who are enrolled in a State Medicaid program, including, in the case of individuals enrolled under a waiver of such program, the types of waivers involved; and (B) personal care aide or assistants providing services to individuals who are not enrolled in a State Medicaid program. (4) Wages earned by personal care aide or assistants in each State. (5) Variations in wages across types of employers of personal care aide or assistants. (6) Any other such data as ASPE determines relevant to studying how to improve the recruitment and retention of the personal care aide or assistant workforce. (b) Proposed FMAP increase (1) In general Based on the data collected under arrangements entered into under subsection (a), ASPE shall determine a proposed increased FMAP for amounts expended by a State for medical assistance described in section 1905(jj)(2) of the Social Security Act ( 42 U.S.C. 1396d(jj)(2) ) (as added by section 401) under the State Medicaid program that is provided by a personal care aide or assistant. (2) Requirements The proposed increased FMAP shall be designed to do the following: (A) Provide adequate reimbursement under State Medicaid programs for increased costs for Federal, State, and local changes in wages and benefits for personal care aide or assistants as a result of this Act and the amendments made by this Act. (B) Improve the rates of retention and recruitment of personal care aide or assistants. (C) Ensure the independence and integration of individuals with disabilities who rely on personal care aide or assistants. (3) Consultation In determining such proposed increased FMAP, ASPE shall consult with the Domestic Worker Wage and Standards Board and shall provide that Board with the opportunity to make formal written comments on ASPE's final proposed increased FMAP before the report required under subsection (c) is submitted to Congress. (c) Report (1) Deadline Not later than 1 year after the date of enactment of this Act, ASPE shall submit a report to Congress that includes the following: (A) The proposed increased FMAP determined by ASPE. (B) An explanation of the benefits of using the proposed increased FMAP calculation for— (i) the personal care aide or assistant workforce; and (ii) elderly individuals and individuals with disabilities who are provided medical assistance described in section 1905(jj)(2) of the Social Security Act ( 42 U.S.C. 1396d(jj)(2) ) (as added by section 401) by a personal care aide or assistant, as well as to family caregivers. (C) The written comments, if any, submitted by the Domestic Worker Wage and Standards Board to ASPE prior to the submission of the report. (D) Suggestions for how States and the Federal Government can improve the process of obtaining timely, uniform data under State Medicaid programs regarding the personal care aide or assistant workforce. (E) Methods of ensuring parity in wages and working conditions of domestic workers covered under this bill and workers performing substantially similar Medicaid funded occupations such as in congregate settings. (2) Optional addendum Not later than 90 days after the report required under paragraph (1) is submitted to Congress, the Domestic Worker Wage and Standards Board may submit an addendum to the report to Congress that contains the Board’s views regarding the proposed increased FMAP and report submitted by ASPE. (d) Definitions In this section: (1) Personal care aide or assistant The term personal care aide or assistant has the meaning given that term in section 1905(jj)(4) of the Social Security Act ( 42 U.S.C. 1396d(jj)(4) ). (2) FMAP The term FMAP means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ), as determined without regard to this section. (3) State The term State has the meaning given that term in section 1101 of the Social Security Act ( 42 U.S.C. 1301 ) for purposes of title XIX of that Act. (4) State Medicaid program The term State Medicaid program means, with respect to a State, the program for medical assistance carried out by a State under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and any waiver of that plan. 403. Authorization of appropriations There are authorized to be appropriated to carry out this Act, and the amendments made by this Act, such sums as may be necessary. V Severability 501. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected.
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https://www.govinfo.gov/content/pkg/BILLS-117s2569is/xml/BILLS-117s2569is.xml
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117-s-2570
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II 117th CONGRESS 1st Session S. 2570 IN THE SENATE OF THE UNITED STATES July 29, 2021 Mr. Luján (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish grant programs to improve the health of residents along the United States-Mexico and United States-Canada borders and for all hazards preparedness in the border areas, including with respect to bioterrorism, infectious disease, and other emerging biothreats, and for other purposes.
1. Short title This Act may be cited as the Border Health Security Act of 2021 . 2. Findings Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of approximately 15,000,000 residents and millions of border crossings each year, with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, lack of education or access to information, poverty-related illness, including undernutrition, and high rates of infectious diseases, such as tuberculosis, West Nile virus, and Zika virus, as well as other noncommunicable diseases such as cardiovascular disease, asthma, diabetes, and obesity. (3) As the COVID–19 pandemic has illustrated, diseases do not respect international boundaries, and strong public health effort at and along the United States-Mexico and United States-Canada borders is crucial to not only protect and improve the health of Americans but also to help secure the country against biosecurity and other emerging threats. (4) For 20 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) The COVID–19 pandemic outbreak has also highlighted the need for continued coordination of resources, effective communication, and information sharing between countries to address emerging public health crises. 3. United States-Mexico Border Health Commission Act amendments The United States-Mexico Border Health Commission Act ( 22 U.S.C. 290n et seq. ) is amended— (1) in section 3— (A) by striking It should be the duty and inserting the following: (a) In general It should be the duty ; (B) in paragraph (1), by striking ; and and inserting ; ; (C) in paragraph (2)(B), by striking the period and inserting a semicolon; (D) by adding at the end the following: (3) to evaluate the Commission's progress in carrying out the duties described in paragraphs (1) and (2) and report on such progress and make recommendations, as appropriate, to the Secretary and Congress regarding such duties; and (4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues. ; and (E) by adding after paragraph (4) (as added by subparagraph (D) of this paragraph) the following: (b) United States section members The members of the United States section of the Commission, acting independently of the Commission overall, may— (1) provide reports and recommendations to, and consult with, the Secretary and Congress on the matters described in subsection (a)(3); and (2) cooperate with the Canada-United States Pan Border Public Health Preparedness Council (referred to in this Act as the Council ), as appropriate. ; (2) in section 5(b), by striking should be the leader and inserting shall be the Chair ; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: 7. Border health grants (a) Eligible entity defined In this section, the term eligible entity means a State, public institution of higher education, local government, Indian Tribe, Tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ), that is located in the United States-Mexico border area or the United States-Canada border area. (b) Authorization From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to improve the health of residents of the United States-Mexico and United States-Canada border areas with appropriate priority given to grants that address recommendations outlined by the strategic plan and operational work plan of the Commission and the Council under section 9. (c) Application An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: (1) Programs relating to any one or more of the following: (A) Maternal and child health. (B) Primary care and preventative health. (C) Infectious disease testing, monitoring, and surveillance. (D) Public health and public health infrastructure. (E) Health promotion, health literacy, and health education. (F) Oral health. (G) Behavioral and mental health. (H) Substance abuse prevention and harm reduction. (I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. (J) Medical and health services research in border communities. (K) Workforce training and development. (L) Community health workers and promotoras. (M) Health care infrastructure problems in the United States-Mexico border area or United States-Canada border area (including planning and construction grants). (N) Health disparities in the United States-Mexico border area or United States-Canada border area. (O) Environmental health. (P) Bioterrorism and zoonosis. (Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 42 U.S.C. 1397aa et seq. )). (R) Trauma care. (S) Health research with an emphasis on infectious disease, such as measles, in the border areas, as well as other pressing issues, including noncommunicable diseases such as diabetes and obesity. (T) Epidemiology and health research. (U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. (V) Community-based participatory research on border health issues. (W) Domestic violence and violence prevention. (X) Cross-border public health preparedness. (2) Other programs as the Secretary determines appropriate. (e) Supplement, not supplant Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). 8. Grants for early warning infectious disease surveillance in the border area (a) Eligible entity defined In this section, the term eligible entity means a State, local government, Indian Tribe, Tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. (b) Authorization From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. (c) Application An eligible entity that desires 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. (d) Uses of funds An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to— (1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; (2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; (3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation and decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; (4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; (5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at-risk populations; (6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; (7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; (8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and (9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States-Mexico or United States-Canada borders. 9. Plans, reports, audits, and by-laws (a) Strategic plan (1) In general Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. (2) Requirements The binational strategic plan under paragraph (1) shall include— (A) health-related priority areas identified by the full membership of the Commission or Council, as applicable; (B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and (C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. (b) Work plan Not later than January 1, 2024, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). (c) GAO review Not later than January 1, 2025, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. (d) Biannual reporting (1) Reporting by commission and council The Commission and Council shall each issue a biannual report to the Secretary that— (A) provides independent policy recommendations related to border health issues; and (B) details the expenditures of the Commission and Council over the reporting period. (2) Reporting by secretary Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. (e) Audits The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. (f) By-Laws Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. (g) Transmittal to congress The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. 10. Coordination (a) In general To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, including with respect to infectious disease, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. (b) Coordination of health services and surveillance The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that— (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area; and (3) is coordinated with other systems and agencies to avoid duplication. 11. Authorization of appropriations There is authorized to be appropriated to carry out this Act $20,000,000 for fiscal year 2022 and each succeeding year, of which for each fiscal year— (1) $14,000,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas; and (2) $6,000,000 shall be made available for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council. ; and (5) in section 12 (as so redesignated)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: (3) Indians; Indian Tribe; Tribal organization; urban Indian organization The terms Indian , Indian Tribe , Tribal organization , and urban Indian organization have the meanings given such terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). ; and (C) by inserting after paragraph (4), as so redesignated, the following: (5) United States-Canada border area The term United States-Canada border area means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada. .
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117-s-2571
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II 117th CONGRESS 1st Session S. 2571 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Peters (for himself, Mrs. Blackburn , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the inclusion on the Vietnam Veterans Memorial Wall of the names of the soldiers who died on Flying Tiger Flight 739 on March 16, 1962.
1. Short title This Act may be cited as the Flying Tiger Flight 739 Act . 2. Inclusion on the Vietnam Veterans Memorial Wall of the names of the soldiers who died on Flying Tiger Flight 739 on March 16, 1962 (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Defense (referred to in this Act as the Secretary ) shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 93 soldiers who died on Flying Tiger Flight 739 when the flight crashed in the Pacific Ocean en route to Vietnam on March 16, 1962. (b) Required consultation The Secretary shall consult with the Secretary of the Interior, the American Battle Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall. (c) Nonapplicability of Commemorative Works Act Chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall not apply to any activities carried out under subsection (a) or (b).
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117-s-2572
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II 117th CONGRESS 1st Session S. 2572 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require online platforms to provide a mechanism for the deletion of user accounts, and for other purposes.
1. Short title This Act may be cited as the Click to Quit Act . 2. Requirements for online platforms regarding account deletion (a) Mechanism for deletion (1) In general Beginning 1 year after the date of enactment of this section, an online platform shall provide a mechanism by which a user may delete or otherwise terminate the account of such user on the online platform. (2) Requirements The mechanism described in paragraph (1) shall be— (A) in the form of a tab, link, button, or other easy-to-use process; (B) in easily understandable, concise, accurate, and clear language; and (C) located in a conspicuous position (as determined by the Commission). (b) Enforcement by the Commission (1) Unfair or deceptive acts or practice A violation of subsection (a) or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates subsection (a) or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3) Rulemaking The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. (c) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Online platform The term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) that allows a user to create an account on the website or application, including by using information from an account associated with another website or application to register with, sign in to, or otherwise access the website or application involved.
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117-s-2573
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II 117th CONGRESS 1st Session S. 2573 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Daines 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 maintain the classification of certain airports for fiscal years 2022 and 2023.
1. Short title This Act may be cited as the Airport Classification Retention Act . 2. Maintenance of classification of certain airports for fiscal years 2022 and 2023 (a) In general Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following: (K) Special Rule on classification for fiscal years 2022 and 2023 Notwithstanding section 47102 and subparagraph (A), and subject to subparagraph (J), for fiscal years 2022 and 2023, the Secretary shall classify an airport as a primary nonhub airport if that airport was a primary nonhub airport for fiscal year 2021. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the enactment of division L of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ).
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117-s-2574
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II 117th CONGRESS 1st Session S. 2574 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Rubio (for himself, Mr. Braun , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VI of the Civil Rights Act of 1964 to protect students from racial hostility, and for other purposes.
1. Short title This Act may be cited as the Protecting Students From Racial Hostility Act . 2. Discrimination Section 601 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d ) is amended— (1) by striking No and inserting the following: (a) No ; and (2) by adding at the end the following: (b) For purposes of subsection (a), use of a curriculum, or teaching or counseling, that promotes a divisive concept under a program or activity described in subsection (a) relating to elementary, secondary, or postsecondary education and that results in a racially hostile environment in an educational setting shall be considered to be discrimination under that program or activity. (c) Any intimidation, threat, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by this section, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this section, shall be considered to be discrimination under the program or activity involved. (d) In this section: (1) The term promotion , used with respect to a divisive concept, means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: (A) One race is inherently superior to another race. (B) The United States is fundamentally racist. (C) An individual, by virtue of the individual's race, is inherently racist or oppressive, whether consciously or unconsciously. (D) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race. (E) Members of one race cannot and should not attempt to treat others without respect to race. (F) An individual’s moral character is necessarily determined by the individual's race. (G) An individual, by virtue of the individual's race, bears responsibility for actions committed in the past by other members of the same race. (H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual's race. (I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. (2) The term race scapegoating means assigning fault, blame, or bias to a race, or to members of a race because of their race. (3) The term race stereotyping means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race. (4) The term racially hostile environment means— (A) a situation of racial discrimination that has occurred and created an adverse setting; (B) a racially intimidating or racially offensive environment that causes a person to be fearful; or (C) a setting that denies, limits, or interferes with, on the basis of race, a person's ability to participate in or benefit from a program or activity. . 3. Reports Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 ) is amended— (1) by striking Each and inserting the following: (a) Each ; and (2) by adding at the end the following: (b) (1) Any State educational agency that is the subject of a complaint under this title, or that receives information about a complaint from an entity under paragraph (2)(A), shall report the complaint involved to the Attorney General of the State. Any State higher education agency that is the subject of a complaint under this title, or that receives information about a complaint from an entity under paragraph (2)(B), shall report the complaint involved to the Attorney General of the State. (2) Any division of a State, a local government in the State, or an entity in the State covered by any of paragraphs (1) through (4) of section 606, that is the subject of a complaint under this title shall— (A) if engaged in the business of providing elementary or secondary education, inform the State educational agency of the complaint; and (B) if engaged in the business of providing postsecondary education, inform the State higher education agency of the complaint. (3) In this subsection, the term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (c) The Secretary of Education shall annually prepare and submit a report to Congress on the nature of any complaints received under section 601 and described in section 601(b). .
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117-s-2575
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II 117th CONGRESS 1st Session S. 2575 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Cotton (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To help individuals receiving disability insurance benefits under title II of the Social Security Act obtain rehabilitative services and return to the workforce, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Social Security Disability Insurance Return to Work Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Information relating to the Ticket to Work and Self-Sufficiency Program. Sec. 3. Revising disability classifications. Sec. 4. Requiring periodic continuing disability reviews for certain beneficiaries. Sec. 5. Regulations related to disability classifications and CDRs. Sec. 6. Time-limiting disability benefits for MIE and MIL individuals. Sec. 7. Encouraging work by MIE and MIL individuals. Sec. 8. Increased funding for continuing disability reviews. Sec. 9. Work opportunity tax credit for hiring social security disability beneficiaries. 2. Information relating to the Ticket to Work and Self-Sufficiency Program Section 1148(d) of the Social Security Act ( 42 U.S.C. 1320b–19(d) ) is amended by adding at the end the following: (8) Program advertisement The Commissioner of Social Security shall disseminate information relating to participation in the Program to each disabled beneficiary at the time of such beneficiary’s entitlement to benefits and every 6 months thereafter. . 3. Revising disability classifications Section 221 of the Social Security Act ( 42 U.S.C. 421 ) is amended by adding at the end the following new subsection: (n) (1) Not later than 1 year after the date of the enactment of this subsection, the Commissioner of Social Security shall establish a system for classifying any individual who is determined to be entitled to disability insurance benefits under this title or to monthly benefits under section 202 by reason of being under a disability in the following manner: (A) An individual shall be classified as medical improvement expected if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in 12 to 24 months. (B) An individual shall be classified as medical improvement likely if the impairment or combination of impairments causing the individual to be disabled is expected to medically improve to the point where the individual will no longer be disabled in 25 months to 60 months. (C) An individual shall be classified as medical improvement possible if the impairment or combination of impairments causing the individual to be disabled is not expected to medically improve to the point where the individual will no longer be disabled in 60 months, but future improvement is possible. (D) An individual shall be classified as medical improvement not expected if the individual has an impairment or combination of impairments that is chronic or progressive with permanent, irreversible structural or functional loss, and for which there is no known effective therapy, treatment, or surgical intervention that could result in medical improvement to the point where the individual is no longer disabled. (2) In classifying an individual under the system established under this subsection, the Commissioner of Social Security shall not classify an individual as medical improvement not expected solely by reason of such individual's age where a lesser classification is appropriate. (3) Notwithstanding section 205(b)(1) or subsection (c)(1) or (d) of this section, there shall be no review of, or right to appeal, a classification made under the system established under this subsection. . 4. Requiring periodic continuing disability reviews for certain beneficiaries (a) In general Section 221(i) of the Social Security Act ( 42 U.S.C. 421(i) ) is amended— (1) by amending paragraph (1) to read as follows: (1) (A) In the case of any individual who has not attained age 63, is determined to be under a disability, and is classified as medical improvement possible or medical improvement not expected , the applicable State agency or the Commissioner of Social Security (as may be appropriate) shall, for purposes of determining such individual's continuing disability— (i) if the individual is classified as medical improvement possible , conduct a review to determine whether the individual remains under a disability during the 5th year following the first month after the individual's waiting period (as defined in section 223(c)(2)); and (ii) if the individual is classified as medical improvement not expected , conduct a review to determine whether the individual remains under a disability during the 10th year following the first month after the individual's waiting period (as so defined). (B) In addition to the continuing disability reviews required under subparagraph (A) and notwithstanding how an individual is classified under the system established by the Commissioner of Social Security under subsection (n), if the Commissioner has reason to believe that an individual that has been determined to be under a disability is not under a disability, the Commissioner may review such individual's case at such time and in such manner as the Commissioner determines appropriate except that the Commissioner shall not initiate a review on the basis of income earned by an individual who is a participant in the process established under section 223(l). (C) Reviews of cases which are required or permitted under this paragraph shall be in addition to, and shall not be considered as a substitute for, any other reviews which are required or provided for under or in the administration of this title. ; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (b) Standard of review for continuing disability reviews (1) In general Section 223(f) of the Social Security Act ( 42 U.S.C. 423(f) ) is amended— (A) in paragraph (4), by striking the period at the end and inserting ; or ; (B) by inserting after paragraph (4) the following new paragraph: (5) in the case of a continuing disability review under section 221(i), evidence that would be sufficient to support a finding in an initial determination that the individual is not under a disability and is able to engage in substantial gainful activity. ; and (C) in the flush matter at the end, by inserting , except that, in the case of a continuing disability review under section 221(i), the Commissioner shall not consider the fact that an individual is engaged in substantial gainful work as part of the process established under subsection (l) as evidence that the individual is able to engage in substantial gainful activity after secured by the Commissioner of Social Security . (2) Conforming amendment to definition of disability Section 223(d)(2) of the Social Security Act ( 42 U.S.C. 423(d)(2) ) is amended— (A) in subparagraph (A), by striking An individual and inserting Subject to subparagraph (D), an individual ; and (B) by adding at the end the following new subparagraph: (D) In the case of a continuing disability review under section 221(i), an individual may be found to be under a disability even though the individual is engaged in substantial gainful work as part of the process established under subsection (l). . 5. Regulations related to disability classifications and CDRs The Commissioner of Social Security shall promulgate or revise, as appropriate, regulations relating to the determination, classification, and review of the disability status of individuals who apply for or receive disability insurance benefits under title II of the Social Security Act and related provisions of agency guidance to carry out section 3 and the amendments made by section 4. 6. Time-limiting disability benefits for MIE and MIL individuals Section 223 of the Social Security Act ( 42 U.S.C. 423 ) is amended— (1) in subsection (a)(1), in the flush language after and below subparagraph (E), by striking subsection (e) and inserting subsections (e) and (k) ; and (2) by adding at the end the following new subsection: (k) Time-Limited disability benefits (1) In the case of an individual who files an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability for any month that begins on or after the date that is 1 year after the date of the enactment of the Social Security Disability Insurance Return to Work Act , is determined to be under a disability, and is classified by the Commissioner of Social Security as medical improvement expected or medical improvement likely , the termination month applicable to the individual shall be— (A) if the individual has been classified as medical improvement expected , the 23rd month following the first month after the individual's waiting period (as defined in subsection (c)(2)); or (B) if the individual has been classified as medical improvement likely , the 59th month following the first month after the individual's waiting period (as so defined). (2) (A) (i) For purposes of this paragraph, the term timely reapplication means an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability that is submitted— (I) by an individual who is a recipient of such benefits; and (II) during the period that is 14 months before the end of the termination month applicable (or most recently applicable) to the individual under paragraph (1) as of the date of such application and ending with the date that is 12 months before the end of such termination month. (ii) Notwithstanding clause (i), the Commissioner of Social Security may deem an application for disability insurance benefits under this section or for monthly benefits under section 202 by reason of being under a disability submitted by an individual who is a recipient of such benefits that is submitted after the period described in clause (i)(II) to be a timely reapplication if— (I) the individual can show good cause for why the application was not submitted during such period; and (II) the application is submitted not later than 6 months before the end of the termination month applicable (or most recently applicable) to the individual under paragraph (1) as of the date of such application. (B) (i) An individual who submits a timely reapplication and who is determined to be under a disability shall be deemed to have satisfied the waiting period applicable under subsection (c)(2). (ii) (I) If the Commissioner of Social Security fails to make an initial determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability before the end of the termination month applicable to the individual as of the date of such reapplication, such individual shall continue to be entitled to such benefits until an initial determination with respect to such timely reapplication is made. (II) If the Commissioner of Social Security makes an initial adverse determination with respect to the timely reapplication of an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability and such individual files a timely request for a hearing under section 221(d), such individual may elect to have the payment of such benefits (as well as any other benefits payable under this title or title XVIII on the basis of such individual's entitlement to such benefits) continue in the same manner and subject to the same conditions as an election made under subsection (g). (C) For purposes of reviewing a timely reapplication submitted by an individual who is a recipient of disability insurance benefits under this section or monthly benefits under section 202 by reason of being under a disability— (i) the fact that the individual was previously found to be under a disability shall have no evidentiary weight; (ii) the fact that the individual participated in the process established under subsection (l) may be taken into account for purposes of determining whether such individual is under a disability; and (iii) subsection (f) shall not apply. . 7. Encouraging work by MIE and MIL individuals (a) In general Section 223 of the Social Security Act ( 42 U.S.C. 423 ), as amended by section 6, is further amended— (1) in subsection (a)(2), by striking section 202(q) and section 215(b)(2)(A)(ii) and inserting subsection (l) and sections 202(q) and 215(b)(2)(A)(ii) ; and (2) by adding at the end the following new subsection: (l) Treatment of work performed by certain disabled individuals (1) The Commissioner of Social Security shall establish a process whereby an eligible individual who is entitled to a disability insurance benefit under this section may elect to return to employment and receive an adjusted disability insurance benefit amount (as determined pursuant to paragraph (3)). (2) (A) For purposes of this subsection, the term eligible individual means an individual who has been classified as medical improvement expected or medical improvement likely . (B) Participation by an eligible individual in the process established under this subsection shall be suspended if such individual has no reported wages or self-employment income for the 4 preceding calendar quarters (as defined in section 213(a)(1)). (3) (A) For purposes of subsection (a)(2), the amount of the disability insurance benefit provided to an eligible individual who has elected to return to employment for any month shall be equal to— (i) in the case of an individual who has average monthly earnings (as determined under subparagraph (B)) equal to or less than the level of monthly earnings established by the Commissioner to represent substantial gainful activity, the amount otherwise applicable for such individual under subsection (a)(2); or (ii) in the case of an individual who has average monthly earnings (as determined under subparagraph (B)) that are in excess of the level of monthly earnings established by the Commissioner to represent substantial gainful activity, the amount of the disability insurance benefit that would otherwise apply for such individual under subsection (a)(2) reduced (but not below zero) by an amount equal to 50 percent of the excess of such individual's average monthly earnings over the level of monthly earnings established by the Commissioner to represent substantial gainful activity. (B) (i) The average monthly earnings for an eligible individual shall be equal to the quotient of— (I) the total amount of wages and self-employment income for such individual in any eligible months during the 2 calendar quarters (as defined in section 213(a)(1)) that precede the most recently completed calendar quarter; and (II) the total number of eligible months during such 2-calendar-quarter period. (ii) For purposes of clause (i), the term eligible month means any month subsequent to the month in which an eligible individual became entitled to a disability insurance benefit. (4) For purposes of paragraph (3)(B), wages and self-employment income of an individual shall be determined based on relevant information for such individual as provided by the State agency responsible for the administration of State unemployment compensation law. (5) For purposes of an eligible individual who has elected to return to employment under this subsection, any services performed or earnings derived from services during the period of such participation shall not be considered for purposes of demonstrating an individual's ability to engage in substantial gainful activity under subsection (d)(4) and shall not be considered substantial gainful activity for purposes of subsection (e). (6) For purposes of this title, the disability insurance benefit received by an individual under this subsection shall not be applied for purposes of determining any monthly benefits payable to any other individuals entitled to benefits for any month based on the wages and self-employment income of such individual. . (b) Conforming amendment Section 221(m)(2)(B) of the Social Security Act ( 42 U.S.C. 421(m)(2)(B) ) is amended by inserting (unless such individual is participating in the process established under section 223(l)) before the period. (c) Effective date The amendments made by this section shall apply to benefits payable for months beginning on or after April 1, 2022. 8. Increased funding for continuing disability reviews Notwithstanding any other provision of law, for any calendar year after 2021— (1) the Commissioner of Social Security shall determine the amount of any reduction in expenditures from the Federal Disability Insurance Trust Fund (as defined in section 201(b) of the Social Security Act ( 42 U.S.C. 401(b) )) during the preceding calendar year by reason of the provisions of this Act and the amendments made by this Act; and (2) 10 percent of the amount determined under paragraph (1) shall be authorized to be made available from the Federal Disability Insurance Trust Fund for continuing disability reviews (as defined in section 201(g)(1)(A) of the Social Security Act ( 42 U.S.C. 401(g)(1)(A) )). 9. Work opportunity tax credit for hiring social security disability beneficiaries (a) In general Section 51(d) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)— (A) in subparagraph (I), by striking or ; (B) in subparagraph (J), by striking the period and inserting , or ; and (C) by adding at the end the following: (K) a qualified social security disability insurance beneficiary. ; and (2) by adding at the end the following: (16) Qualified social security disability insurance beneficiary The term qualified social security disability insurance beneficiary means any individual who is certified by the designated local agency as being entitled to disability insurance benefits under title II of the Social Security Act for any month ending within the 60-day period ending on the hiring date. . (b) Effective date The amendments made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2021.
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117-s-2576
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II 117th CONGRESS 1st Session S. 2576 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Thune (for himself and Mr. Cardin ) 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 establish a program to allow qualified group practices to furnish certain items and services at qualified skilled nursing facilities to individuals entitled to benefits under part A and enrolled under part B of the Medicare program to reduce unnecessary hospitalizations, and for other purposes.
1. Short title This Act may be cited as the Reducing Unnecessary Senior Hospitalizations Act of 2021 or the RUSH Act of 2021 . 2. SNF-based provision of preventive acute care and hospitalization reduction program Title XVIII of the Social Security Act is amended by adding at the end the following new section: 1899C. SNF-based provision of preventive acute care and hospitalization reduction program (a) Establishment There is established a program to be known as the SNF-based Provision of Preventive Acute Care and Hospitalization Reduction Program (in this section referred to as the Program ), to be administered by the Secretary, for purposes of reducing unnecessary hospitalizations and emergency department visits by allowing qualified group practices (as defined in section 1877(h)(4)) on or after January 1, 2022, to furnish items and services identified under subsection (b)(3) to individuals entitled to benefits under part A and enrolled under part B residing in qualified skilled nursing facilities. (b) Operation of Program Under the Program, the Secretary shall provide for the following: (1) Certification of skilled nursing facilities as qualified skilled nursing facilities under subsection (c)(1). (2) Certification of group practices as qualified group practices under subsection (c)(2). (3) Identification on an annual basis of minimum required, clinically appropriate nonsurgical items and services furnished at a hospital emergency department that may be safely furnished by a qualified group practice at a qualified skilled nursing facility under the Program and that such qualified group practice shall offer to furnish under the Program. Such items and services may include provider review of lab and imaging reports for medical decision making, medication management, blood glucose management, behavioral health services, and other services offered to diagnose or treat low acuity conditions. (4) Establishment of qualifications for nonphysician employees who may furnish such items and services at a qualified skilled nursing facility. Such qualifications shall include the requirement that such an employee— (A) be certified in basic life support by a nationally recognized specialty board of certification or equivalent certification board, in accordance with requirements under section 483.24(a)(3) of title 42, Code of Federal Regulations (or any successor regulation); and (B) have— (i) clinical experience furnishing medical care— (I) in a skilled nursing facility; (II) in a hospital emergency department setting; or (III) as an employee of a provider or supplier of ambulance services; or (ii) a certification in paramedicine. (5) Payment under this title for items and services identified under paragraph (3) furnished by such qualified group practices at such a facility in amounts determined under subsection (d). (c) Certifications (1) Qualified skilled nursing facilities (A) In general For purposes of this section, the Secretary shall certify a skilled nursing facility as a qualified skilled nursing facility if the facility submits an application in a time and manner specified by the Secretary and meets the following requirements: (i) The facility has on-site diagnostic equipment necessary for a qualified group practice to furnish items and services under the Program and real-time audio and visual capabilities as provided by the agreement between the facility and the qualified group practice. (ii) The facility has at least one individual who meets the qualifications described in subsection (b)(4) or a physician present 24 hours a day and 7 days a week to work with the qualified group practice, in accordance with section 483.35(a) of title 42, Code of Federal Regulations (or any successor regulation). Such individual may be a member of the staff of the qualified skilled nursing facility or of the qualified group practice. (iii) The facility ensures that residents of such facility, upon entering such facility, are allowed to specify in an advanced care directive or otherwise documented in the individual's records whether the resident wishes to receive items and services furnished at the facility under the Program in a case where communication with the resident is not possible. (iv) The facility ensures that individuals to be furnished such items and services under the Program at such facility have the opportunity, at their request, to instead be transported to a hospital emergency department. (v) The facility is not part of the Special Focus Facility program of the Centers for Medicare & Medicaid Services (although the facility may, at the discretion of the Secretary, be a candidate for selection under such program). (B) Required provision of services and activities Nothing in this paragraph shall affect the application of requirements under section 1819(b)(4), relating to provision of services and activities, to a facility. (2) Qualified group practices For purposes of this section, the Secretary shall certify a group practice as a qualified group practice for a period of 3 years if the group practice submits an application in a time and manner specified by the Secretary and meets the following requirements: (A) The group practice offers to furnish all minimum required items and services identified under subsection (b)(3) under the Program. (B) The group practice submits a notification to the Secretary annually specifying which (if any) additional items and services identified under subsection (b)(3) for a year the group practice will offer to furnish for such year under the Program. (C) The group practice ensures that only individuals who meet the qualifications established under subsection (b)(4) or a physician who is part of such group practice may furnish such minimum required items and services and such additional items and services. (D) The group practice, as provided by the agreement between the facility and the group practice or under the supervision of the medical director of the facility, ensures that, in the case where such minimum required items and services or such additional items and services are furnished by such an individual, such individual furnishes such minimum required items and services or additional items and services under the supervision, either in-person or through the use of telehealth (not including store-and-forward technologies), of— (i) a physician— (I) who is board certified or board eligible in emergency medicine, family medicine, geriatrics, or internal medicine; or (II) who has been certified by a nationally recognized specialty board of certification or equivalent certification board in basic life support; (ii) a nurse practitioner who has been certified by a nationally recognized specialty board of certification or equivalent certification board in basic life support; or (iii) a physician assistant who has been certified by a nationally recognized specialty board of certification or equivalent certification board in basic life support. (E) With respect to any year in which the qualified group practice would participate in the Program, the Chief Actuary for the Centers for Medicare & Medicaid Services determines that such participation during such year will not result in total estimated expenditures under this title for such year being greater than total estimated expenditures under such title for such year without such participation. (d) Payments and treatment of savings (1) Payments (A) In general For 2022 and each subsequent year, payments shall continue to be made to qualified group practices and qualified skilled nursing facilities participating in the Program under the original Medicare fee-for-service program under parts A and B in the same manner as they would otherwise be made except that such group practices and skilled nursing facilities are eligible to receive payment for shared savings under paragraph (2) if they meet the requirement under subparagraph (B)(i). (B) Savings requirement and benchmark (i) Determining savings In each year of the Program, a qualified group practice (and any qualified skilled nursing facility participating in the Program that has an agreement with the group practice for the furnishing of items and services identified under subsection (b)(3) to residents of the facility) shall be eligible to receive payment for shared savings under paragraph (2) only if the estimated average per capita Medicare expenditures for Medicare fee-for-service beneficiaries for parts A and B services furnished under the Program by the group practice (and any such facility), adjusted for beneficiary characteristics, is at least the percent specified by the Secretary below the applicable benchmark under clause (ii). The Secretary shall determine the appropriate percent described in the preceding sentence to account for normal variation in expenditures under this title, based upon the number of Medicare fee-for-service beneficiaries participating in the Program. (ii) Establish and update benchmark For each qualified group practice (and any qualified skilled nursing facility participating in the Program that has an agreement with the group practice for the furnishing of items and services identified under subsection (b)(3) to residents of the facility) the Secretary shall estimate a single benchmark for each year that is applicable to both the group practice (and any such facility) using the most recent available 3 years of per-beneficiary expenditures for parts A and B services for Medicare fee-for-service beneficiaries for items and services furnished by such group practice or skilled nursing facility under the Program. Such benchmark shall be adjusted for beneficiary characteristics and such other factors as the Secretary determines appropriate. Such benchmark shall be reset at the start of each year. (2) Payments for shared savings If a qualified group practice (and any qualified skilled nursing facility participating in the Program that has an agreement with the group practice for the furnishing of items and services identified under subsection (b)(3) to residents of the facility) meets the requirements under paragraph (1), the Secretary shall— (A) pay to such qualified group practice an amount equal to 37.5 percent of the difference between such estimated average per capita Medicare expenditures in a year, adjusted for beneficiary characteristics, for items and services furnished under the Program by the group practice (and any such facility) and such benchmark for the qualified group practice (and any such facility); and (B) in the case of each such facility— (i) if the qualified skilled nursing facility has at least a three-star rating under the Five Star Quality Rating System (or a successor system), pay to the facility an amount that bears the same ratio to 12.5 percent of the estimated amount of such difference as the amount of expenditures under the Program for such items and services furnished with respect to individuals at such facility by such qualified group practice during such year bears to the total amount of expenditures under the Program for such items and services furnished with respect to all individuals by such qualified group practice during such year; and (ii) in the case of a qualified skilled nursing facility that is not described in clause (i), retain in the Federal Hospital Insurance Trust Fund under section 1817 the amount that the facility would have been paid pursuant to clause (i) if the facility were described in such clause until such time as the facility has at least a three-star rating under the Five Star Quality Rating System (or a successor system), at which point the Secretary shall pay such amount to the facility. (3) Advanced alternative payment models Paragraph (2) shall not apply to items and services furnished to an individual entitled to benefits under part A and enrolled under Part B for whom shared savings would otherwise be attributed through an advanced alternative payment model as authorized under section 1115A or section 1899. (e) Evaluation (1) In general With respect to a qualified group practice and a qualified skilled nursing facility, not later than 6 months after such group practice begins furnishing items and services under the Program (or, in the case of a qualified skilled nursing facility, not less than 6 months after a qualified group practice first furnishes such items and services at such facility), and not less than once every 2 years thereafter, the Secretary shall evaluate such qualified group practice and such qualified facility using information received under paragraph (2) on such criteria as determined appropriate by the Secretary. (2) Reporting of performance and quality improvements In a time and manner specified by the Secretary, a qualified group practice and a qualified skilled nursing facility shall submit to the Secretary a report containing the following information with respect to items and services furnished under the Program during a reporting period (as specified by the Secretary): (A) The items and services most frequently furnished under the Program in such period. (B) The number of individuals with respect to whom such group practice furnished such items and services in such period (or, in the case of a qualified skilled nursing facility, the number of individuals with respect to whom such a group practice furnished such items and services at such facility in such period). (C) The number of hospitalizations prevented under the Program in such period. (D) The number of such individuals who were admitted to a hospital or treated in the emergency department of a hospital within 24 hours of being furnished such items and services. (E) Other information determined appropriate by the Secretary. (3) Loss of qualified certification (A) In general Not later than 3 months after a determination described in this sentence is made, the Secretary may revoke the certification of a qualified skilled nursing facility or a qualified group practice made under subsection (c) if— (i) the Chief Actuary of the Centers for Medicare & Medicaid Services determines that the participation of such skilled nursing facility or such group practice in the Program during a year resulted in total expenditures under this title for such period being greater than total expenditures under such title would have been during such period without such participation; or (ii) a facility is selected for the Special Focus Facility program or, if the facility is a candidate for the Special Focus Facility program, the Secretary determines that the participation of such facility in the Program should be terminated. (B) Exclusion from certification (i) In general In the case that the Secretary revokes the certification of a qualified skilled nursing facility or a qualified group practice under subparagraph (A), such skilled nursing facility or such group practice shall be ineligible for certification as a qualified skilled nursing facility or a qualified group practice (as applicable) under subsection (c) for the applicable period (as defined under clause (ii)). (ii) Applicable period defined In this subparagraph, the term applicable period means— (I) if the revocation of a facility or group practice under subparagraph (A) is due to the application of clause (i) of such subparagraph, a 1-year period beginning on the date of such revocation; and (II) in the revocation of a facility under subparagraph (A) is due to the application of clause (ii) of such subparagraph, the period beginning on the date of such revocation and ending on the date on which the facility graduates from the Special Focus Facility program (or, in the case of a facility that is a candidate for such program, the date on which the facility is no longer such a candidate, as determined by the Secretary). (f) Determination of budget neutrality; termination of program (1) Determination Not later than July 1, 2027, the Chief Actuary of the Centers for Medicare & Medicaid Services shall determine whether the Program has resulted in an increase in total expenditures under this title with respect to the period beginning on January 1, 2022, and ending on December 31, 2026, compared to what such expenditures would have been during such period had the Program not been in operation. (2) Termination If the Chief Actuary makes a determination under paragraph (1) that the Program has resulted in an increase in total expenditures under this title, the Secretary shall terminate the Program as of January 1 of the first year beginning after such determination. .
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117-s-2577
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II 117th CONGRESS 1st Session S. 2577 IN THE SENATE OF THE UNITED STATES July 30, 2021 Mr. Sullivan (for himself and Ms. Murkowski ) 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 clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.
1. Purpose The purpose of this Act is to clarify the treatment of authentic Alaska Native articles of handicraft under— (1) the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington August 16, 1916 (USTS 628) ( 16 U.S.C. 703 et seq. ); (2) the Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, signed at Mexico City February 7, 1936 (USTS 912) ( 16 U.S.C. 703 et seq. ); (3) the Convention between the United States and Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and Their Environment, signed at Tokyo March 4, 1974 (TIAS 7990) ( 16 U.S.C. 703 et seq. ); and (4) the Convention between the United States and the Soviet Union Concerning the Conservation of Migratory Birds and Their Environment, signed at Moscow November 19, 1976 (TIAS 9073) ( 16 U.S.C. 703 et seq. ). 2. Clarification for Alaska Native articles containing migratory bird parts (a) In general Section 2 of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) is amended by adding at the end the following: (c) Clarification for authentic Alaska Native articles of handicraft (1) Definitions In this subsection: (A) Alaska Native The term Alaska Native means a member of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) that is based in the State of Alaska. (B) Authentic Alaska Native article of handicraft (i) In general The term authentic Alaska Native article of handicraft means any item that is— (I) composed, wholly or in a significant respect, of natural materials; and (II) produced, decorated, or fashioned by hand in significant part— (aa) by an Alaska Native; (bb) in the exercise of traditional Alaska Native handicrafts; and (cc) without the use of any mass copying device. (ii) Inclusions The term authentic Alaska Native article of handicraft includes— (I) any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); and (II) any item, including clothing, described in subclause (I) that combines the techniques described in that subclause. (2) Clarification for certain authentic Alaska Native articles of handicraft Subject to paragraph (3) and notwithstanding any other provision of this Act, nothing in this Act prohibits the possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped or delivered for transportation, transport, causing to be transported, carrying, causing to be carried, or receiving for shipment, transportation, or carriage of any authentic Alaska Native article of handicraft on the basis that the authentic Alaska Native article of handicraft contains a nonedible migratory bird part. (3) Limitation This subsection does not apply to an authentic Alaska Native article of handicraft containing a part of a migratory bird that was taken in a wasteful manner. . (b) Technical amendment Section 2(a) of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) is amended by inserting a comma after March 4, 1972 .
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117-s-2578
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II 117th CONGRESS 1st Session S. 2578 IN THE SENATE OF THE UNITED STATES July 31, 2021 Mr. Schumer (for Mr. Brown (for himself, Mr. Schumer , Mr. Reed , Ms. Warren , Mrs. Murray , Mr. Durbin , Mr. Wyden , and Mr. Casey )) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To extend the moratorium on residential evictions, and for other purposes.
1. Extension of eviction moratorium (a) In general The order issued by the Centers for Disease Control and Prevention under section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) entitled Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID–19 (85 Fed. Reg. 55292 (September 4, 2020)) is extended through October 18, 2021, notwithstanding the effective dates specified in such Order. (b) Further extension The Director of the Centers for Disease Control and Prevention may further extend the order described in subsection (a) as determined necessary by the Director.
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117-s-2579
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II 117th CONGRESS 1st Session S. 2579 IN THE SENATE OF THE UNITED STATES August 2, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend titles 23 and 49, United States Code, with respect to bikeshare projects, and for other purposes.
1. Short title This Act may be cited as the Bikeshare Transit Act of 2021 . 2. Definitions Section 5302(1)(E) of title 49, United States Code, is amended— (1) by striking and the installation and inserting , the installation ; and (2) by inserting , and bikeshare projects after public transportation vehicles . 3. Congestion mitigation and air quality improvement program eligible projects Section 149(b)(7) of title 23, United States Code, is amended by inserting shared micromobility (including bikesharing and shared scooter systems), after carsharing, .
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117-s-2580
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II 117th CONGRESS 1st Session S. 2580 IN THE SENATE OF THE UNITED STATES August 2, 2021 Ms. Sinema (for herself, Mr. Boozman , Mr. Grassley , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior and the Secretary of Agriculture to make free National Parks and Federal Recreational Lands Passes available to members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Alexander Lofgren Veterans in Parks (VIP) Act . 2. Recreation passes Section 805 of the Federal Lands Recreation Enhancement Act ( Public Law 108–447 ; 118 Stat. 3385; 16 U.S.C. 6804 ) is amended— (1) in subsection (a)(4), by striking age and disability discounted and inserting age discount and lifetime ; and (2) in subsection (b)— (A) in the heading, by striking Discounted and inserting Free and discounted ; (B) in paragraph (2)— (i) in the heading, by striking Disability discount and inserting Lifetime passes ; and (ii) by striking subparagraph (B) and inserting the following: (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction). ; and (C) in paragraph (3)— (i) in the heading, by striking Gold star families parks pass and inserting Annual passes ; and (ii) by striking members of and all that follows through the end of the sentence and inserting members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary. .
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117-s-2581
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II 117th CONGRESS 1st Session S. 2581 IN THE SENATE OF THE UNITED STATES August 2, 2021 Mr. Portman (for himself and Mr. Bennet ) 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 relief for taxpayers affected by disasters or other critical events.
1. Short title This Act may be cited as the Automatic Relief for Taxpayers Affected by Major Disasters and Critical Events Act . 2. Modification of automatic extension of certain deadlines in the case of taxpayers affected by Federally declared disasters (a) In general Section 7508A(d) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)— (A) by striking the latest incident date so specified in subparagraph (B) and inserting the later of such earliest incident date described in subparagraph (A) or the date such declaration was issued , and (B) by striking in the same manner as a period specified under subsection (a) and inserting in determining, under the internal revenue laws, in respect of any tax liability of such qualified taxpayer, whether any of the acts described in subparagraphs (A) through (F) of section 7508(a)(1) were performed within the time prescribed therefor (determined without regard to extension under any other provision of this subtitle for periods after the date determined under subparagraph (B)) , (2) by striking paragraph (3) and inserting the following: (3) Disaster area For purposes of this subsection, the term disaster area means an area in which a major disaster for which the President provides financial assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) occurs. , and (3) by adding at the end the following: (6) Multiple declarations For purposes of paragraph (1), in the case of multiple declarations relating to a disaster area which are issued within a 60-day period, a separate period shall be determined under such paragraph with respect to each such declaration. . (b) Effective date The amendment made by this section shall apply to federally declared disasters declared after the date of enactment of this Act. 3. Modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation (a) In general Section 7508(a)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (C) and inserting the following: (C) Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court; , and (2) by inserting or in respect of any erroneous refund after any tax in subparagraph (J). (b) Effective date The amendments made by this section shall apply to any period for performing an act which has not expired before the date of the enactment of this Act. 4. Tolling of time for filing a petition with the tax court (a) In general Section 7451 of the Internal Revenue Code of 1986 is amended— (1) by striking The Tax Court and inserting the following: (a) Fees The Tax Court , and (2) by adding at the end the following new subsection: (b) Tolling of time in certain cases (1) In general Notwithstanding any other provision of this title, in any case (including by reason of a lapse in appropriations) in which a filing location is inaccessible or otherwise unavailable to the general public on the date a petition is due, the relevant time period for filing such petition shall be tolled for the number of days within the period of inaccessibility plus an additional 14 days. (2) Filing location For purposes of this subsection, the term filing location means— (A) the office of the clerk of the Tax Court, or (B) any on-line portal made available by the Tax Court for electronic filing of petitions. . (b) Conforming amendments (1) The heading for section 7451 of the Internal Revenue Code of 1986 is amended by striking Fee for filing petition and inserting Petitions . (2) The item in the table of contents for part II of subchapter C of chapter 76 of such Code is amended by striking Fee for filing petition and inserting Petitions . (c) Effective date The amendments made by this section shall apply to petitions required to be timely filed (determined without regard to the amendments made by this section) after the date of enactment of this Act.
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117-s-2582
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II 117th CONGRESS 1st Session S. 2582 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Ossoff 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 expand the residential energy efficient property credit and energy credit, and for other purposes.
1. Short title This Act may be cited as the Revamping Appropriate Incentives for Solar Energy for the Roof Act or the RAISE the Roof Act . 2. Credits for investment in solar energy property (a) Residential energy efficient property Paragraph (2) of section 25D(d) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Qualified solar electric property expenditure (A) In general The term qualified solar electric property expenditure means an expenditure for— (i) property which uses solar energy to generate electricity for use in a dwelling unit located in the United States and used as a residence by the taxpayer, (ii) any new roof, including any such roof which replaces an existing roof, which is part of an integrated product, or (iii) the replacement of an existing roof which is not part of an integrated product, provided that— (I) property described in clause (i) is installed, (II) replacement of such roof is necessary for the installation of such property, and (III) the installation of such property is a primary purpose of the replacement of such roof. (B) Integrated product For purposes of this paragraph, the term integrated product means a solar roofing system that combines property described in subparagraph (A)(i) with roofing materials for the primary purpose of generating electricity from solar energy. . (b) Energy credit Section 48 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in paragraph (2)(A)(i)(II), by striking paragraph (3)(A)(i) and inserting clause (i), (ix), or (x) of paragraph (3)(A) , and (B) in paragraph (3)(A)— (i) in clause (vii), by striking or at the end, and (ii) by adding at the end the following new clauses: (ix) a new roof of a structure, including any such roof which replaces an existing roof, which is part of an integrated product, or (x) property used with respect to the repair or replacement of an existing roof of a structure which is not part of an integrated product, provided that— (I) property described in clause (i) or (ii) is installed, (II) such repair or replacement is necessary for the installation of such property, and (III) the installation of such property is a primary purpose of such repair or replacement, , and (2) in subsection (c), by adding at the end the following new paragraph: (6) Integrated design For purposes of this section, the term integrated design means a solar roofing system that combines property described in clause (i) or (ii) of subsection (a)(3)(A) with roofing materials for the primary purpose of generating electricity from solar energy. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
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117-s-2583
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II 117th CONGRESS 1st Session S. 2583 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Cassidy (for himself 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 provide for rules for the use of retirement funds in connection with federally declared disasters.
1. Special rules for use of retirement funds in connection with qualified federally declared disasters (a) Tax-Favored withdrawals from retirement plans (1) In general Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Distributions from retirement plans in connection with federally declared disasters Any qualified disaster recovery distribution. . (2) Qualified disaster recovery distribution Section 72(t) of such Code is amended by adding at the end the following new paragraph: (11) Qualified disaster recovery distribution For purposes of paragraph (2)(I)— (A) In general Except as provided in subparagraph (B), the term qualified disaster recovery distribution means any distribution made— (i) on or after the first day of the incident period of a qualified disaster and before the date that is 180 days after the applicable date with respect to such disaster, and (ii) to an individual whose principal place of abode at any time during the incident period of such qualified disaster is located in the qualified disaster area with respect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster. (B) Aggregate dollar limitation (i) In general For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster recovery distributions with respect to any qualified disaster shall not exceed the excess (if any) of— (I) $100,000, over (II) the sum of aggregate amounts treated as qualified disaster recovery distributions with respect to such qualified disaster received by such individual. (ii) Treatment of plan distributions If a distribution to an individual would (without regard to clause (i)) be a qualified disaster recovery distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified disaster recovery distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000 with respect to the same qualified disaster. (iii) Controlled group For purposes of clause (ii), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. (iv) Special rule for individuals affected by more than one disaster The limitation of clause (i) shall be applied separately with respect to distributions made with respect to each qualified disaster. (C) Amount distributed may be repaid (i) In general Any individual who receives a qualified disaster recovery distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (ii) Treatment of repayments of distributions from eligible retirement plans other than iras For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified disaster recovery distribution from a plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified disaster recovery distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (iii) Treatment of repayments for distributions from iras For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified disaster recovery distribution from an individual retirement plan, then, to the extent of the amount of the contribution, the qualified disaster recovery distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (D) Income inclusion spread over 3-year period (i) In general In the case of any qualified disaster recovery distribution, unless the taxpayer elects not to have this subparagraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year. (ii) Special rule For purposes of clause (i), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. (E) Qualified disaster For purposes of this paragraph and paragraph (8), the term qualified disaster means any disaster with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act after December 31, 2020. (F) Other definitions For purposes of this paragraph and paragraph (8)— (i) Qualified disaster area (I) In general The term qualified disaster area means, with respect to any qualified disaster, the area with respect to which the major disaster was declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (II) Exceptions Such term shall not include any area which is a qualified disaster area solely by reason of section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (ii) Incident period The term incident period means, with respect to any qualified disaster, the period specified by the Federal Emergency Management Agency as the period during which such disaster occurred. (iii) Applicable date The term applicable date means the latest of— (I) the date of the enactment of this paragraph, (II) the first day of the incident period with respect to the qualified disaster, or (III) the date of the disaster declaration with respect to the qualified disaster. (iv) Eligible retirement plan The term eligible retirement plan shall have the meaning given such term by section 402(c)(8)(B). (G) Special rules (i) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, qualified disaster recovery distributions shall not be treated as eligible rollover distributions. (ii) Qualified disaster recovery distributions treated as meeting plan distribution requirements For purposes this title, a qualified disaster recovery distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). . (3) Effective date The amendments made by this subsection shall apply to distributions with respect to disasters the incident beginning date (as defined in section 72(t)(11)(F)(i) of the Internal Revenue Code of 1986, as added by this subsection) for which is after December 27, 2020. (b) Recontributions of withdrawals for home purchases (1) Individual retirement plans Paragraph (8) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Recontributions (i) General rule (I) In general Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. (II) Treatment of repayments Rules similar to the rules of clauses (ii) and (iii) of paragraph (11)(C) shall apply for purposes of this subsection. (ii) Qualified distribution For purposes of this subparagraph, the term qualified distribution means any distribution— (I) which is a qualified first-time homebuyer distribution, (II) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (III) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (iii) Applicable period For purposes of this subparagraph, the term applicable period means, in the case of a principal residence in a qualified disaster area with respect to any qualified disaster, the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the applicable date with respect to such disaster. . (2) Qualified plans Subsection (c) of section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Recontributions of withdrawals for home purchases (A) General rule (i) In general Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in paragraph (8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under subsection (c) or section 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be. (ii) Treatment of repayments Rules similar to the rules of clauses (ii) and (iii) of section 72(t)(11)(C) shall apply for purposes of this subsection. (B) Qualified distribution For purposes of this paragraph, the term qualified distribution means any distribution— (i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), or 403(b)(11)(B), (ii) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and (iii) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period. (C) Definitions For purposes of this paragraph— (i) the terms qualified disaster , qualified disaster area , and incident period have the meaning given such terms under section 72(t)(11), and (ii) the term applicable period has the meaning given such term under section 72(t)(8)(F). . (3) Effective date The amendments made by this subsection shall apply to distributions with respect to disasters the incident beginning date (as defined in section 72(t)(11)(F)(i) of the Internal Revenue Code of 1986, as added by subsection (a)) for which is after December 27, 2020. (c) Loans from qualified plans (1) In general Subsection (p) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Increase in limit on loans not treated as distributions (A) In general In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— (i) clause (i) of paragraph (2)(A) shall be applied by substituting $100,000 for $50,000 , and (ii) clause (ii) of such paragraph shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan . (B) Delay of repayment In the case of a qualified individual (with respect to any qualified disaster) with an outstanding loan on or after the applicable disaster date from a qualified employer plan— (i) if the due date pursuant to subparagraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date may be delayed for 1 year, (ii) any subsequent repayments with respect to any such loan may be appropriately adjusted to reflect the delay in the due date under clause (i) and any interest accruing during such delay, and (iii) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of paragraph (2), the period described in clause (i) may be disregarded. (C) Definitions For purposes of this paragraph— (i) Qualified individual The term qualified individual means any individual— (I) whose principal place of abode at any time during the incident period of any qualified disaster is located in the qualified disaster area with respect to such qualified disaster, and (II) who has sustained an economic loss by reason of such qualified disaster. (ii) Applicable period The applicable period with respect to any disaster is the period— (I) beginning on the applicable date with respect to such disaster, and (II) ending on the date that is 180 days after such applicable date. (iii) Other terms For purposes of this paragraph— (I) the terms applicable date , qualified disaster , qualified disaster area , and incident period have the meaning given such terms under subsection (t)(11), and (II) the term applicable period has the meaning given such term under subsection (t)(8). . (2) Hold harmless (A) In general A person shall not be treated as having violated the provisions of title I of the Employee Retirement Income Security Act of 1974 solely because— (i) the person made a plan loan to a qualified individual (as defined in section 72(p)(6) of the Internal Revenue Code of 1986, as added by paragraph (1)) during the applicable period (as defined in such section 72(p)(6)) in compliance with section 72(p)(6) of such Code; or (ii) a qualified individual (as so defined) delayed making a plan loan repayment in compliance with section 72(p)(6) of such Code. (B) Prohibited transactions A person shall be treated as being exempt from the requirements of section 406 of the Employee Retirement Income Security Act of 1974 pursuant to subparagraphs (A) and (E) of section 408(b)(1) of such Act if the person meets the requirements of clause (i) or (ii) of subparagraph (A). (3) Effective date The amendment made by paragraph (1) shall apply to loans made with respect to disasters the incident beginning date (as defined in section 72(t)(11)(F)(i) of the Internal Revenue Code of 1986, as added by subsection (a)) for which is after December 27, 2020. (d) Provisions relating to plan amendments (1) In general If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any amendment made by this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any amendment made by this section, and (ii) on or before the last day of the second calendar year beginning after the date of the enactment of this Act, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions This subsection shall not apply to any amendment unless— (i) during the period— (I) beginning on the date that the amendments made by this section, or any regulation described in subparagraph (A)(i), take effect (or in the case of a plan or contract amendment not required by amendments made by this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period.
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https://www.govinfo.gov/content/pkg/BILLS-117s2583is/xml/BILLS-117s2583is.xml
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117-s-2584
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II 117th CONGRESS 1st Session S. 2584 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Manchin (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 amend the Older Americans Act of 1965 to establish a competitive grant program to enable area agencies on aging and local nutrition service providers to purchase, customize, or repair vehicles with hot and cold food storage for delivering meals to older individuals through the Congregate Nutrition Program or the Home-Delivered Nutrition Program.
1. Short title This Act may be cited as the Helping Our Most Elderly Secure Meals Act or the HOME Meals Act . 2. Grants for vehicles with hot and cold food storage for meal delivery to older individuals Subpart 3 of part C of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030g–21 et seq. ) is amended by adding at the end the following: 340. Grants for vehicles with hot and cold food storage for meal delivery (a) In general The Assistant Secretary shall award grants in accordance with subsection (c) on a competitive basis to States receiving a grant under section 331 or 336 to enable such States to provide direct funds to area agencies on aging and local nutrition service providers to purchase, customize, or repair vehicles meeting the requirement under subsection (b) to be used in delivering meals to older individuals through a nutrition project supported or eligible for support under either such section. (b) Vehicle requirement The requirement under this subsection is that the vehicle has the capability to safely store hot food and cold food, as determined by the Assistant Secretary, while delivering meals. (c) Application and selection process (1) Applications (A) In general A State receiving a grant under section 331 or 336 that seeks a grant under this section shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including the demonstrations described in subparagraph (B). (B) Demonstrations An application under this paragraph shall contain a demonstration— (i) of how the State submitting the application will use the grant to enable nutrition projects supported or eligible for support under section 331 or 336 to enhance the delivery of services to older individuals with greatest economic need and older individuals with greatest social need; and (ii) that each such nutrition project has a program, in effect within the State on the date on which the State submits the application, to use vehicles meeting the requirement under subsection (b) to provide nutrition services supported or eligible for support under section 331 or 336. (2) Selection The Assistant Secretary, in selecting States meeting the requirements under paragraph (1) to receive a grant under this section, shall give preference to— (A) States with a high percentage of individuals who are 60 years of age or older; (B) States with a high rate of individuals at or below the poverty line; and (C) States with a high level of demand or unmet need for nutrition services provided by area agencies on aging or local nutrition service providers. (d) Grant amount A grant awarded under this section shall be for an amount that is equal to or less than $3,000,000. (e) Authorization of appropriations There is authorized to be appropriated $60,000,000 for each of fiscal years 2022 through 2026 to carry out this section. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2584is/xml/BILLS-117s2584is.xml
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117-s-2585
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II 117th CONGRESS 1st Session S. 2585 IN THE SENATE OF THE UNITED STATES August 3, 2021 Ms. Hassan (for herself, Mr. Cornyn , Ms. Sinema , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to authorize a grant program relating to the cybersecurity of State, local, Tribal, and territorial governments, and for other purposes.
1. Short title This Act may be cited as the State and Local Cybersecurity Improvement Act . 2. State and Local Cybersecurity Grant Program (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following: 2218. State and Local Cybersecurity Grant Program (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (2) Cyber threat indicator The term cyber threat indicator has the meaning given the term in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ). (3) Cybersecurity Plan The term Cybersecurity Plan means a plan submitted by an eligible entity under subsection (e)(1). (4) Eligible entity The term eligible entity means a— (A) State; or (B) Tribal government. (5) Incident The term incident has the meaning given the term in section 2209. (6) Information sharing and analysis organization The term information sharing and analysis organization has the meaning given the term in section 2222. (7) Information system The term information system has the meaning given the term in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ). (8) Multi-entity group The term multi-entity group means a group of 2 or more eligible entities desiring a grant under this section. (9) Online service The term online service means any internet-facing service, including a website, email, virtual private network, or custom application. (10) Rural area The term rural area has the meaning given the term in section 5302 of title 49, United States Code. (11) State and Local Cybersecurity Grant Program The term State and Local Cybersecurity Grant Program means the program established under subsection (b). (12) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (b) Establishment (1) In general There is established within the Department a program to award grants to eligible entities to address cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, State, local, or Tribal governments. (2) Application An eligible entity desiring a grant under the State and Local Cybersecurity Grant Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Administration The State and Local Cybersecurity Grant Program shall be administered in the same office of the Department that administers grants made under sections 2003 and 2004. (d) Use of funds An eligible entity that receives a grant under this section and a local government that receives funds from a grant under this section, as appropriate, shall use the grant to— (1) implement the Cybersecurity Plan of the eligible entity; (2) develop or revise the Cybersecurity Plan of the eligible entity; (3) pay expenses directly relating to the administration of the grant, which shall not exceed 5 percent of the amount of the grant; (4) assist with activities that address imminent cybersecurity threats, as confirmed by the Secretary, acting through the Director, to the information systems owned or operated by, or on behalf of, the eligible entity or a local government within the jurisdiction of the eligible entity; or (5) fund any other appropriate activity determined by the Secretary, acting through the Director. (e) Cybersecurity plans (1) In general An eligible entity applying for a grant under this section shall submit to the Secretary a Cybersecurity Plan for review in accordance with subsection (i). (2) Required elements A Cybersecurity Plan of an eligible entity shall— (A) incorporate, to the extent practicable— (i) any existing plans of the eligible entity to protect against cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, State, local, or Tribal governments; and (ii) if the eligible entity is a State, consultation and feedback from local governments and associations of local governments within the jurisdiction of the eligible entity; (B) describe, to the extent practicable, how the eligible entity will— (i) manage, monitor, and track information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, and the information technology deployed on those information systems, including legacy information systems and information technology that are no longer supported by the manufacturer of the systems or technology; (ii) monitor, audit, and, track network traffic and activity transiting or traveling to or from information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity; (iii) enhance the preparation, response, and resiliency of information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, against cybersecurity risks and cybersecurity threats; (iv) implement a process of continuous cybersecurity vulnerability assessments and threat mitigation practices prioritized by degree of risk to address cybersecurity risks and cybersecurity threats on information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity; (v) ensure that the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, adopt and use best practices and methodologies to enhance cybersecurity, such as— (I) the practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology; (II) cyber chain supply chain risk management best practices identified by the National Institute of Standards and Technology; and (III) knowledge bases of adversary tools and tactics; (vi) promote the delivery of safe, recognizable, and trustworthy online services by the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, including through the use of the .gov internet domain; (vii) ensure continuity of operations of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, in the event of a cybersecurity incident, including by conducting exercises to practice responding to a cybersecurity incident; (viii) use the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity developed by the National Institute of Standards and Technology to identify and mitigate any gaps in the cybersecurity workforces of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, enhance recruitment and retention efforts for those workforces, and bolster the knowledge, skills, and abilities of personnel of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, to address cybersecurity risks and cybersecurity threats, such as through cybersecurity hygiene training; (ix) if the eligible entity is a State, ensure continuity of communications and data networks within the jurisdiction of the eligible entity between the eligible entity and local governments within the jurisdiction of the eligible entity in the event of an incident involving those communications or data networks; (x) assess and mitigate, to the greatest degree possible, cybersecurity risks and cybersecurity threats relating to critical infrastructure and key resources, the degradation of which may impact the performance of information systems within the jurisdiction of the eligible entity; (xi) enhance capabilities to share cyber threat indicators and related information between the eligible entity and— (I) if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, including by expanding information sharing agreements with the Department; and (II) the Department; (xii) leverage cybersecurity services offered by the Department; (xiii) implement an information technology and operational technology modernization cybersecurity review process that ensures alignment between information technology and operational technology cybersecurity objectives; (xiv) develop and coordinate strategies to address cybersecurity risks and cybersecurity threats in consultation with— (I) if the eligible entity is a State, local governments and associations of local governments within the jurisdiction of the eligible entity; and (II) as applicable— (aa) eligible entities that neighbor the jurisdiction of the eligible entity or, as appropriate, members of an information sharing and analysis organization; and (bb) countries that neighbor the jurisdiction of the eligible entity; (xv) ensure adequate access to, and participation in, the services and programs described in this subparagraph by rural areas within the jurisdiction of the eligible entity; and (xvi) distribute funds, items, services, capabilities, or activities to local governments under subsection (n)(2)(A), including the fraction of that distribution the eligible entity plans to distribute to rural areas under subsection (n)(2)(B); (C) assess the capabilities of the eligible entity relating to the actions described in subparagraph (B); (D) describe, as appropriate and to the extent practicable, the individual responsibilities of the eligible entity and local governments within the jurisdiction of the eligible entity in implementing the plan; (E) outline, to the extent practicable, the necessary resources and a timeline for implementing the plan; and (F) describe the metrics the eligible entity will use to measure progress towards— (i) implementing the plan; and (ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity. (3) Discretionary elements In drafting a Cybersecurity Plan, an eligible entity may— (A) consult with the Multi-State Information Sharing and Analysis Center; (B) include a description of cooperative programs developed by groups of local governments within the jurisdiction of the eligible entity to address cybersecurity risks and cybersecurity threats; and (C) include a description of programs provided by the eligible entity to support local governments and owners and operators of critical infrastructure to address cybersecurity risks and cybersecurity threats. (f) Multi-Entity grants (1) In general The Secretary may award grants under this section to a multi-entity group to support multi-entity efforts to address cybersecurity risks and cybersecurity threats to information systems within the jurisdictions of the eligible entities that comprise the multi-entity group. (2) Satisfaction of other requirements In order to be eligible for a multi-entity grant under this subsection, each eligible entity that comprises a multi-entity group shall have— (A) a Cybersecurity Plan that has been reviewed by the Secretary in accordance with subsection (i); and (B) a cybersecurity planning committee established in accordance with subsection (g). (3) Application (A) In general A multi-entity group applying for a multi-entity grant under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Multi-entity project plan An application for a grant under this section of a multi-entity group under subparagraph (A) shall include a plan describing— (i) the division of responsibilities among the eligible entities that comprise the multi-entity group; (ii) the distribution of funding from the grant among the eligible entities that comprise the multi-entity group; and (iii) how the eligible entities that comprise the multi-entity group will work together to implement the Cybersecurity Plan of each of those eligible entities. (g) Planning committees (1) In general An eligible entity that receives a grant under this section shall establish a cybersecurity planning committee to— (A) assist with the development, implementation, and revision of the Cybersecurity Plan of the eligible entity; (B) approve the Cybersecurity Plan of the eligible entity; and (C) assist with the determination of effective funding priorities for a grant under this section in accordance with subsections (d) and (j). (2) Composition A committee of an eligible entity established under paragraph (1) shall— (A) be comprised of representatives from— (i) the eligible entity; (ii) if the eligible entity is a State, counties, cities, and towns within the jurisdiction of the eligible entity; and (iii) institutions of public education and health within the jurisdiction of the eligible entity; and (B) include, as appropriate, representatives of rural, suburban, and high-population jurisdictions. (3) Cybersecurity expertise Not less than one-half of the representatives of a committee established under paragraph (1) shall have professional experience relating to cybersecurity or information technology. (4) Rule of construction regarding existing planning committees Nothing in this subsection shall be construed to require an eligible entity to establish a cybersecurity planning committee if the eligible entity has established and uses a multijurisdictional planning committee or commission that— (A) meets the requirements of this subsection; or (B) may be expanded or leveraged to meet the requirements of this subsection, including through the formation of a cybersecurity planning subcommittee. (5) Rule of construction regarding control of information systems of eligible entities Nothing in this subsection shall be construed to permit a cybersecurity planning committee of an eligible entity that meets the requirements of this subsection to make decisions relating to information systems owned or operated by, or on behalf of, the eligible entity. (h) Special rule for Tribal governments With respect to any requirement under subsection (e) or (g), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may prescribe an alternative substantively similar requirement for Tribal governments if the Secretary finds that the alternative requirement is necessary for the effective delivery and administration of grants to Tribal governments under this section. (i) Review of plans (1) Review as condition of grant (A) In general Subject to paragraph (3), before an eligible entity may receive a grant under this section, the Secretary, acting through the Director, shall— (i) review the Cybersecurity Plan of the eligible entity, including any revised Cybersecurity Plans of the eligible entity; and (ii) determine that the Cybersecurity Plan reviewed under clause (i) satisfies the requirements under paragraph (2). (B) Duration of determination In the case of a determination under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), the determination shall be effective for the 2-year period beginning on the date of the determination. (C) Annual renewal Not later than 2 years after the date on which the Secretary determines under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), and annually thereafter, the Secretary, acting through the Director, shall— (i) determine whether the Cybersecurity Plan and any revisions continue to meet the criteria described in paragraph (2); and (ii) renew the determination if the Secretary, acting through the Director, makes a positive determination under clause (i). (2) Plan requirements In reviewing a Cybersecurity Plan of an eligible entity under this subsection, the Secretary, acting through the Director, shall ensure that the Cybersecurity Plan— (A) satisfies the requirements of subsection (e)(2); and (B) has been approved by— (i) the cybersecurity planning committee of the eligible entity established under subsection (g); and (ii) the Chief Information Officer, the Chief Information Security Officer, or an equivalent official of the eligible entity. (3) Exception Notwithstanding subsection (e) and paragraph (1) of this subsection, the Secretary may award a grant under this section to an eligible entity that does not submit a Cybersecurity Plan to the Secretary for review before September 30, 2023, if the eligible entity certifies to the Secretary that— (A) the activities that will be supported by the grant are— (i) integral to the development of the Cybersecurity Plan of the eligible entity; or (ii) necessary to assist with activities described in subsection (d)(4), as confirmed by the Director; and (B) the eligible entity will submit to the Secretary a Cybersecurity Plan for review under this subsection by September 30, 2023. (4) Rule of construction Nothing in this subsection shall be construed to provide authority to the Secretary to— (A) regulate the manner by which an eligible entity or local government improves the cybersecurity of the information systems owned or operated by, or on behalf of, the eligible entity or local government; or (B) condition the receipt of grants under this section on— (i) participation in a particular Federal program; or (ii) the use of a specific product or technology. (j) Limitations on uses of funds (1) In general Any entity that receives funds from a grant under this section may not use the grant— (A) to supplant State or local funds; (B) for any recipient cost-sharing contribution; (C) to pay a ransom; (D) for recreational or social purposes; or (E) for any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity. (2) Compliance oversight In addition to any other remedy available, the Secretary may take such actions as are necessary to ensure that a recipient of a grant under this section uses the grant for the purposes for which the grant is awarded. (3) Rule of construction Nothing in paragraph (1)(A) shall be construed to prohibit the use of funds from a grant under this section awarded to a State, local, or Tribal government for otherwise permissible uses under this section on the basis that the State, local, or Tribal government has previously used State, local, or Tribal funds to support the same or similar uses. (k) Opportunity To amend applications In considering applications for grants under this section, the Secretary shall provide applicants with a reasonable opportunity to correct any defects in those applications before making final awards, including by allowing applicants to revise a submitted Cybersecurity Plan. (l) Apportionment For fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion amounts appropriated to carry out this section among eligible entities as follows: (1) Baseline amount The Secretary shall first apportion— (A) 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; (B) 1 percent of such amounts to each of the remaining States; and (C) 3 percent of such amounts to Tribal governments. (2) Remainder The Secretary shall apportion the remainder of such amounts to States as follows: (A) 50 percent of such remainder in the ratio that the population of each State, bears to the population of all States; and (B) 50 percent of such remainder in the ratio that the population of each State that resides in rural areas, bears to the population of all States that resides in rural areas. (3) Apportionment among Tribal governments In determining how to apportion amounts to Tribal governments under paragraph (1)(C), the Secretary shall consult with the Secretary of the Interior and Tribal governments. (4) Multi-entity grants An amount received from a multi-entity grant awarded under subsection (f)(1) by a State or Tribal government that is a member of the multi-entity group shall qualify as an apportionment for the purpose of this subsection. (m) Federal share (1) In general The Federal share of the cost of an activity carried out using funds made available with a grant under this section may not exceed— (A) in the case of a grant to an eligible entity— (i) for fiscal year 2022, 90 percent; (ii) for fiscal year 2023, 80 percent; (iii) for fiscal year 2024, 70 percent; and (iv) for fiscal year 2025, 60 percent; and (B) in the case of a grant to a multi-entity group— (i) for fiscal year 2022, 100 percent; (ii) for fiscal year 2023, 90 percent; (iii) for fiscal year 2024, 80 percent; and (iv) for fiscal year 2025, 70 percent. (2) Waiver (A) In general The Secretary may waive or modify the requirements of paragraph (1) if an eligible entity or multi-entity group demonstrates economic hardship. (B) Guidelines The Secretary shall establish and publish guidelines for determining what constitutes economic hardship for the purposes of this subsection. (C) Considerations In developing guidelines under subparagraph (B), the Secretary shall consider, with respect to the jurisdiction of an eligible entity— (i) changes in rates of unemployment in the jurisdiction from previous years; (ii) changes in the percentage of individuals who are eligible to receive benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) from previous years; and (iii) any other factors the Secretary considers appropriate. (3) Waiver for Tribal governments Notwithstanding paragraph (2), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may waive or modify the requirements of paragraph (1) for 1 or more Tribal governments if the Secretary determines that the waiver is in the public interest. (n) Responsibilities of grantees (1) Certification Each eligible entity or multi-entity group that receives a grant under this section shall certify to the Secretary that the grant will be used— (A) for the purpose for which the grant is awarded; and (B) in compliance with subsections (d) and (j). (2) Availability of funds to local governments and rural areas (A) In general Subject to subparagraph (C), not later than 45 days after the date on which an eligible entity or multi-entity group receives a grant under this section, the eligible entity or multi-entity group shall, without imposing unreasonable or unduly burdensome requirements as a condition of receipt, obligate or otherwise make available to local governments within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group, consistent with the Cybersecurity Plan of the eligible entity or the Cybersecurity Plans of the eligible entities that comprise the multi-entity group— (i) not less than 80 percent of funds available under the grant; (ii) with the consent of the local governments, items, services, capabilities, or activities having a value of not less than 80 percent of the amount of the grant; or (iii) with the consent of the local governments, grant funds combined with other items, services, capabilities, or activities having the total value of not less than 80 percent of the amount of the grant. (B) Availability to rural areas In obligating funds, items, services, capabilities, or activities to local governments under subparagraph (A), the eligible entity or eligible entities that comprise the multi-entity group shall ensure that rural areas within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group receive not less than— (i) 25 percent of the amount of the grant awarded to the eligible entity; (ii) items, services, capabilities, or activities having a value of not less than 25 percent of the amount of the grant awarded to the eligible entity; or (iii) grant funds combined with other items, services, capabilities, or activities having the total value of not less than 25 percent of the grant awarded to the eligible entity. (C) Exceptions This paragraph shall not apply to— (i) any grant awarded under this section that solely supports activities that are integral to the development or revision of the Cybersecurity Plan of the eligible entity; or (ii) the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or a Tribal government. (3) Certifications regarding distribution of grant funds to local governments An eligible entity or multi-entity group shall certify to the Secretary that the eligible entity or multi-entity group has made the distribution to local governments required under paragraph (2). (4) Extension of period (A) In general An eligible entity or multi-entity group may request in writing that the Secretary extend the period of time specified in paragraph (2) for an additional period of time. (B) Approval The Secretary may approve a request for an extension under subparagraph (A) if the Secretary determines the extension is necessary to ensure that the obligation and expenditure of grant funds align with the purpose of the State and Local Cybersecurity Grant Program. (5) Direct funding If an eligible entity does not make a distribution to a local government required under paragraph (2) in a timely fashion, the local government may petition the Secretary to request the Secretary to provide funds directly to the local government. (6) Limitation on construction A grant awarded under this section may not be used to acquire land or to construct, remodel, or perform alterations of buildings or other physical facilities. (7) Consultation in allocating funds An eligible entity applying for a grant under this section shall agree to consult the Chief Information Officer, the Chief Information Security Officer, or an equivalent official of the eligible entity in allocating funds from a grant awarded under this section. (8) Penalties In addition to other remedies available to the Secretary, if an eligible entity violates a requirement of this subsection, the Secretary may— (A) terminate or reduce the amount of a grant awarded under this section to the eligible entity; or (B) distribute grant funds previously awarded to the eligible entity— (i) in the case of an eligible entity that is a State, directly to the appropriate local government as a replacement grant in an amount determined by the Secretary; or (ii) in the case of an eligible entity that is a Tribal government, to another Tribal government or Tribal governments as a replacement grant in an amount determined by the Secretary. (o) Consultation with state, local, and tribal representatives In carrying out this section, the Secretary shall consult with State, local, and Tribal representatives with professional experience relating to cybersecurity, including representatives of associations representing State, local, and Tribal governments, to inform— (1) guidance for applicants for grants under this section, including guidance for Cybersecurity Plans; (2) the study of risk-based formulas required under subsection (q)(4); (3) the development of guidelines required under subsection (m)(2)(B); and (4) any modifications described in subsection (q)(2)(D). (p) Notification to Congress Not later than 3 business days before the date on which the Department announces the award of a grant to an eligible entity under this section, including an announcement to the eligible entity, the Secretary shall provide to the appropriate committees of Congress notice of the announcement. (q) Reports, study, and review (1) Annual reports by grant recipients (A) In general Not later than 1 year after the date on which an eligible entity receives a grant under this section for the purpose of implementing the Cybersecurity Plan of the eligible entity, including an eligible entity that comprises a multi-entity group that receives a grant for that purpose, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report that, using the metrics described in the Cybersecurity Plan of the eligible entity, describes the progress of the eligible entity in— (i) implementing the Cybersecurity Plan of the eligible entity; and (ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity. (B) Absence of plan Not later than 1 year after the date on which an eligible entity that does not have a Cybersecurity Plan receives funds under this section, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report describing how the eligible entity obligated and expended grant funds to— (i) develop or revise a Cybersecurity Plan; or (ii) assist with the activities described in subsection (d)(4). (2) Annual reports to Congress Not less frequently than annually, the Secretary, acting through the Director, shall submit to Congress a report on— (A) the use of grants awarded under this section; (B) the proportion of grants used to support cybersecurity in rural areas; (C) the effectiveness of the State and Local Cybersecurity Grant Program; (D) any necessary modifications to the State and Local Cybersecurity Grant Program; and (E) any progress made toward— (i) developing, implementing, or revising Cybersecurity Plans; and (ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, State, local, or Tribal governments as a result of the award of grants under this section. (3) Public availability (A) In general The Secretary, acting through the Director, shall make each report submitted under paragraph (2) publicly available, including by making each report available on the website of the Agency. (B) Redactions In making each report publicly available under subparagraph (A), the Director may make redactions that the Director, in consultation with each eligible entity, determines necessary to protect classified or other information exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ). (4) Study of risk-based formulas (A) In general Not later than September 30, 2024, the Secretary, acting through the Director, shall submit to the appropriate committees of Congress a study and legislative recommendations on the potential use of a risk-based formula for apportioning funds under this section, including— (i) potential components that could be included in a risk-based formula, including the potential impact of those components on support for rural areas under this section; (ii) potential sources of data and information necessary for the implementation of a risk-based formula; (iii) any obstacles to implementing a risk-based formula, including obstacles that require a legislative solution; (iv) if a risk-based formula were to be implemented for fiscal year 2026, a recommended risk-based formula for the State and Local Cybersecurity Grant Program; and (v) any other information that the Secretary, acting through the Director, determines necessary to help Congress understand the progress towards, and obstacles to, implementing a risk-based formula. (B) Inapplicability of Paperwork Reduction Act The requirements of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), shall not apply to any action taken to carry out this paragraph. (5) Tribal cybersecurity needs report Not later than 2 years after the date of enactment of this section, the Secretary, acting through the Director, shall submit to Congress a report that— (A) describes the cybersecurity needs of Tribal governments, which shall be determined in consultation with the Secretary of the Interior and Tribal governments; and (B) includes any recommendations for addressing the cybersecurity needs of Tribal governments, including any necessary modifications to the State and Local Cybersecurity Grant Program to better serve Tribal governments. (6) GAO review Not later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall conduct a review of the State and Local Cybersecurity Grant Program, including— (A) the grant selection process of the Secretary; and (B) a sample of grants awarded under this section. (r) Authorization of appropriations (1) In general There are authorized to be appropriated for activities under this section— (A) for fiscal year 2022, $200,000,000; (B) for fiscal year 2023, $400,000,000; (C) for fiscal year 2024, $300,000,000; and (D) for fiscal year 2025, $100,000,000. (2) Transfers authorized (A) In general During a fiscal year, the Secretary or the head of any component of the Department that administers the State and Local Cybersecurity Grant Program may transfer not more than 5 percent of the amounts appropriated pursuant to paragraph (1) or other amounts appropriated to carry out the State and Local Cybersecurity Grant Program for that fiscal year to an account of the Department for salaries, expenses, and other administrative costs incurred for the management, administration, or evaluation of this section. (B) Additional appropriations Any funds transferred under subparagraph (A) shall be in addition to any funds appropriated to the Department or the components described in subparagraph (A) for salaries, expenses, and other administrative costs. (s) Termination (1) In general Subject to paragraph (2), the requirements of this section shall terminate on September 30, 2025. (2) Exception The reporting requirements under subsection (q) shall terminate on the date that is 1 year after the date on which the final funds from a grant under this section are expended or returned. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135), is amended by inserting after the item relating to section 2217 the following: Sec. 2218. State and Local Cybersecurity Grant Program. .
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117-s-2586
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II 117th CONGRESS 1st Session S. 2586 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Brown (for himself, Mr. Blumenthal , Ms. Klobuchar , Mr. Van Hollen , and Mr. Markey ) 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 enhance the national strategy for combating and eliminating tuberculosis, and for other purposes.
1. Short title This Act may be cited as the Comprehensive TB Elimination Act of 2021 . 2. National strategy for combating and eliminating tuberculosis (a) In general Section 317E of the Public Health Service Act ( 42 U.S.C. 247b–6 ) is amended— (1) in subsection (a)— (A) by striking The Secretary and inserting the following: (1) Grants The Secretary ; and (B) by adding at the end the following: (2) Priority In making grants under this subsection, the Secretary may give priority to State health departments proposing to focus on the prevention, control, and elimination of tuberculosis in high-risk populations, including foreign-born, homeless, incarcerated, HIV-tuberculosis coinfected, and medically underserved populations. ; (2) in subsection (b)— (A) in paragraph (3)— (i) in subparagraph (C), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; and (ii) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and adjusting the margins accordingly; (C) in the matter preceding subparagraph (A), as so redesignated, by striking With respect to and inserting the following: (1) In general With respect to ; (D) by striking subparagraph (B), as so redesignated, and inserting the following: (B) Research, investigations, experiments, demonstrations, and studies in the health sciences that are related to— (i) the development of new tools, including vaccines and antimicrobial drugs, to prevent and treat tuberculosis; (ii) novel therapeutics for special populations, including pediatric populations, immunosuppressed individuals, and pregnant women; (iii) the development or testing of medical diagnostics to detect tuberculosis; (iv) research to address the epidemiology, mechanisms, and pathogenesis of tuberculosis; (v) public health interventions to address the prevention, treatment, and control of tuberculosis, such as directly observed therapy and non-pharmaceutical intervention; (vi) methods to enhance detection and response to outbreaks of tuberculosis, including multidrug resistant tuberculosis; and (vii) other relevant research areas. ; (E) in subparagraph (C), as so redesignated— (i) by redesignating clause (vi), as so redesignated, as clause (vii); (ii) in clause (v), as so redesignated, by striking ; and and inserting ; ; and (iii) by inserting after clause (v), as so redesignated, the following: (vi) the intensification of efforts to prevent, detect, and treat latent tuberculosis; and ; (F) in subparagraph (D), as so redesignated, by inserting before the period the following: , including public awareness campaigns and development of educational, risk, and media communications, using materials in languages appropriate to target audiences ; (G) in subparagraph (F), as so redesignated, by striking paragraphs (1) through (4) and inserting subparagraphs (A) through (D) ; and (H) by adding at the end the following: (2) Selection In carrying out the activities described in paragraph (1), the Secretary— (A) is encouraged to give priority to programmatically relevant research so that new tools can be utilized in public health practice; and (B) may seek input from the Biomedical Advanced Research and Development Authority in identifying novel candidates to utilize in the efforts under this subsection to prevent, diagnose, and control tuberculosis. ; (3) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; (4) by inserting after subsection (b) the following— (c) Grants for coordination of programs and services for prevention, diagnosis, and treatment (1) Grants The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to State and local governments, territories, Indian Tribes, Tribal organizations, urban Indian health organizations, health service providers to Indian Tribes, Native Hawaiian health organizations, community health centers, and Federally qualified health centers for coordinating the programs and services of such entities to ensure timely and appropriate prevention, risk-based screening, diagnosis, and treatment of latent and active tuberculosis. (2) Definition In this subsection, the term Federally qualified health center has the meaning given to such term in section 1861(aa) of the Social Security Act. ; (5) in subsections (d), (e), and (f), as so redesignated, by striking (a) or (b) each place it appears and inserting (a), (b), or (c) ; (6) in subsection (g)(4), as so redesignated, by adding at the end the following: (C) Report to Congress The Secretary is encouraged to make the reports under subparagraph (A), or other publications relevant to domestic tuberculosis surveillance, publicly available on the internet website of the Centers for Disease Control and Prevention and to disseminate such information to stakeholders. ; (7) in subsection (h), as so redesignated— (A) in paragraph (1)— (i) by striking research into new tools under subsection (b)(2) and inserting the research, investigations, experiments, demonstrations, and studies in health science under subsection (b)(1)(B) ; and (ii) by inserting ensuring access to the products developed as a result of such research, investigations, experiments, demonstrations, and studies and after advice regarding ; and (B) in paragraph (3)— (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (ii) by inserting after subparagraph (C) the following: (D) members of the Biomedical Advanced Research and Development Authority; ; and (8) in subsection (i)(1)(A), as so redesignated, by striking $200,000,000 and all that follows through the period and inserting $142,200,000 for fiscal year 2022, $195,700,000 for fiscal year 2023, $225,000,000 for fiscal year 2024, $236,250,000 for fiscal year 2025, $248,062,500 for fiscal year 2026, and $260,465,625 for fiscal year 2027. . (b) NIH tuberculosis activities Section 424C(b) of the Public Health Service Act (42 U.S.C. 285b–7c(b)) is amended by striking paragraph (1) and inserting the following: (1) enhancing basic, clinical, and operational research on tuberculosis, including with respect to— (A) drug-resistant tuberculosis; (B) infection with tuberculosis and latency and progression of tuberculosis; and (C) pediatric tuberculosis; . 3. GAO studies (a) Tuberculosis prevention and elimination study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report on the coordination of efforts in the United States to— (1) prevent, control, and eliminate tuberculosis; and (2) implement the activities under section 317E of the Public Health Service Act ( 42 U.S.C. 247b–6 ), as amended by this Act, and the National Action Plan for Combating Multidrug-Resistant Tuberculosis, issued in December 2015. (b) Study on tuberculosis activities Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall issue 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 coordination of activities between the Food and Drug Administration and the Centers for Disease Control and Prevention with respect to— (1) shortages of critical tuberculosis drugs in the United States; (2) efforts to increase the availability of pediatric tuberculosis drug formulations in the United States; (3) mitigating the cost of tuberculosis drugs for States, including efforts to ensure States have timely access to treatments for individuals with tuberculosis; and (4) consideration for the introduction in the United States of pediatric tuberculosis drug formulations that are available in foreign countries.
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117-s-2587
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II 117th CONGRESS 1st Session S. 2587 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Barrasso (for himself, Mr. Grassley , Ms. Lummis , Mr. Rubio , Mr. Scott of Florida , Mr. Lankford , Mr. Inhofe , Mr. Cotton , Mr. Tillis , Mr. Braun , Mr. Sasse , Mr. Cornyn , Mr. Boozman , Mrs. Blackburn , Mr. Tuberville , Mr. Moran , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To oppose the provision of assistance to the People's Republic of China by the multilateral development banks.
1. Opposition to provision of assistance to People's Republic of China by multilateral development banks (a) Findings Congress makes the following findings: (1) The People’s Republic of China is the world’s second largest economy and a major global lender. (2) In February 2021, the foreign exchange reserves of the People’s Republic of China totaled more than $3,200,000,000,000. (3) The World Bank classifies the People’s Republic of China as having an upper-middle-income economy. (4) On February 25, 2021, President Xi Jinping announced complete victory over extreme poverty in the People’s Republic of China. (5) The Government of the People’s Republic of China utilizes state resources to create and promote the Asian Infrastructure Investment Bank, the New Development Bank, and the Belt and Road Initiative. (6) The People’s Republic of China is the world’s largest official creditor. (7) Through a multilateral development bank, countries are eligible to borrow until they can manage long-term development and access to capital markets without financial resources from the bank. (8) The World Bank reviews the graduation of a country from eligibility to borrow from the International Bank for Reconstruction and Development once the country reaches the graduation discussion income, which is equivalent to the gross national income. For fiscal year 2021, the graduation discussion income is a gross national income per capita exceeding $7,065. (9) Many of the other multilateral development banks, such as the Asian Development Bank, use the gross national income per capita benchmark used by the International Bank for Reconstruction and Development to trigger the graduation process. (10) The People’s Republic of China exceeded the graduation discussion income threshold in 2016. (11) Since 2016, the International Bank for Reconstruction and Development has approved projects totaling $8,930,000,000 to the People’s Republic of China. (12) Since 2016, the Asian Development Bank has continued to approve loans and technical assistance to the People’s Republic of China totaling $7,600,000,000. The Bank has also approved non-sovereign commitments in the People's Republic of China totaling $1,800,000,000 since 2016. (13) The World Bank calculates the People’s Republic of China’s most recent year (2019) gross national income per capita as $10,390. (b) Statement of policy It is the policy of the United States to oppose any additional lending from the multilateral development banks, including the International Bank for Reconstruction and Development and the Asian Development Bank, to the People’s Republic of China as a result of the People’s Republic of China’s successful graduation from the eligibility requirements for assistance from those banks. (c) Opposition to lending to People's Republic of China The Secretary of the Treasury shall instruct the United States Executive Director at each multilateral development bank to use the voice, vote, and influence of the United States— (1) to oppose any loan or extension of financial or technical assistance by the bank to the People’s Republic of China; and (2) to end lending and assistance to countries that exceed the graduation discussion income of the bank. (d) Report required Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that includes— (1) an assessment of the status of borrowing by the People’s Republic of China from each multilateral development bank; (2) a description of voting power, shares, and representation by the People’s Republic of China at each such bank; (3) a list of countries that have exceeded the graduation discussion income at each such bank; (4) a list of countries that have graduated from eligibility for assistance from each such bank; and (5) a full description of the efforts taken by the United States to graduate countries from such eligibility once they exceed the graduation discussion income at each such bank. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) Multilateral development banks The term multilateral development banks has the meaning given that term in section 1701(c) of the International Financial Institutions Act ( 22 U.S.C. 262r(c) ).
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117-s-2588
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II 117th CONGRESS 1st Session S. 2588 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mrs. Shaheen (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To study the extent to which individuals are more at risk of maternal mortality or severe maternal morbidity as a result of being a victim of intimate partner violence, and for other purposes.
1. Short title This Act may be cited as the Protect Moms From Domestic Violence Act . 2. Study by Department of Health and Human Services (a) Study The Secretary, in collaboration with the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, and the Administration for Children and Families, and in consultation with the Attorney General, the Director of the Indian Health Service, and stakeholders (including community-based organizations and culturally specific organizations), shall conduct a study on the extent to which individuals are more at risk for maternal mortality or severe maternal morbidity as a result of being a victim of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage. (b) Reports Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the study under subsection (a) and submit a report to Congress on the results of such study. Such report shall include— (1) an analysis of the extent to which domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, and forced marriage contribute to, or result in, maternal mortality; (2) an analysis of the impact of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, and forced marriage on access to health care (including mental health care) and substance use disorder treatment and recovery support; (3) a breakdown (including by race and ethnicity) of categories of individuals who are disproportionately victims of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage that contributes to, or results in, pregnancy-related death; (4) an analysis of the impact on health, mental health, and substance use resulting from domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, and forced marriage among Alaskan Natives, Native Hawaiians, and American Indians during the prenatal and postpartum period; (5) an assessment of the factors that increase or decrease risks for maternal mortality or severe maternal morbidity among victims of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage; (6) an assessment of increased risk of maternal mortality or severe maternal morbidity stemming from suicide, substance use disorders, or drug overdose due to domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage; (7) recommendations for legislative or policy changes— (A) to reduce maternal mortality rates; and (B) to address health inequities that contribute to disparities in such rates and deaths; (8) best practices to reduce maternal mortality and severe maternal morbidity among victims of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, and forced marriage, including— (A) reducing reproductive coercion, mental health conditions, and substance use coercion; and (B) routinely assessing pregnant people for domestic violence and other forms of reproductive violence; and (9) any other information on maternal mortality or severe maternal morbidity the Secretary determines appropriate to include in the report. 3. Study by National Academy of medicine (a) In general The Secretary shall seek to enter into an arrangement with the National Academy of Medicine (or, if the Academy declines to enter into such arrangement, another appropriate entity) to study the impact of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, and forced marriage on an individual’s health relative to maternal mortality and severe maternal morbidity. (b) Topics The study under subsection (a) shall— (1) examine— (A) whether domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage, or generational intimate partner violence, trauma, and psychiatric disorders, increase the risk of suicide, substance use, and drug overdose among pregnant and postpartum persons; and (B) the intersection of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, and forced marriage as a social determinant of health; and (2) give particular focus to impacts among African-American, American Indian, Native Hawaiian, Alaskan Native, and LGBTQ populations. 4. Grants for innovative approaches (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, and in collaboration with the Administration for Children and Families, the Indian Health Service, and the Substance Abuse and Mental Health Services Administration, shall award grants to eligible entities for developing and implementing innovative approaches to improve maternal and child health outcomes of victims of domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage. (b) Eligible entity To seek a grant under this section, an entity shall be— (1) a State, local, or federally recognized Tribal government; (2) a nonprofit organization or community-based organization that provides prevention or intervention services related to domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage; (3) a Tribal organization or urban Indian organization (as such terms are defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); (4) an entity, the principal purpose of which is to provide health care, such as a hospital, clinic, health department, freestanding birthing center, perinatal health worker, or maternity care provider; (5) an institution of higher education; or (6) a comprehensive substance use disorder parenting program. (c) Priority In awarding grants under this section, the Secretary shall give priority to applicants proposing to address— (1) mental health and substance use disorders among pregnant persons; or (2) pregnant and postpartum persons experiencing intimate partner violence. (d) Freestanding birth center defined In this section, the term freestanding birth center has the meaning given that term in section 1905(l) of the Social Security Act ( 42 U.S.C. 1396d(1) ). (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2022 through 2024. 5. Guidance Not later than 2 years after the date of enactment of this Act, the Secretary shall issue and disseminate guidance to States, Tribes, Territories, maternity care providers, and managed care entities on— (1) providing universal education on healthy relationships and intimate partner violence; (2) developing protocols on— (A) routine assessment of intimate partner violence; and (B) health promotion and strategies for trauma-informed care plans; and (3) creating sustainable partnerships with community-based organizations that address domestic violence, dating violence, sexual assault, stalking, human trafficking, sex trafficking, child sexual abuse, or forced marriage. 6. Definitions In this Act: (1) The term maternal mortality — (A) means death that— (i) occurs during, or within the 1-year period after, pregnancy; and (ii) is attributed to or aggravated by pregnancy-related or childbirth complications; and (B) includes a suicide, drug overdose death, homicide (including a domestic violence-related homicide), or other death resulting from a mental health or substance use disorder attributed to or aggravated by pregnancy-related or childbirth complications. (2) The term maternity care provider means a health care provider who— (A) is a physician, physician assistant, nurse, midwife who meets at a minimum the international definition of the midwife and global standards for midwifery education as established by the International Confederation of Midwives, nurse practitioner, or clinical nurse specialist; and (B) has a focus on maternal or perinatal health. (3) The term perinatal health worker means a worker who— (A) is a doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter, or navigator; and (B) provides assistance with perinatal health. (4) The term postpartum means the 12-month period following childbirth. (5) The term Secretary means the Secretary of Health and Human Services. (6) The term severe maternal morbidity means a health condition, including a mental health condition or substance use disorder, that— (A) is attributed to or aggravated by pregnancy or childbirth; and (B) results in significant short-term or long-term consequences to the health of the individual who was pregnant.
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117-s-2589
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II 117th CONGRESS 1st Session S. 2589 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mrs. Blackburn (for herself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the 21st Century Cures Act to provide for designation of institutions of higher education that provide research, data, and leadership on advanced and continuous manufacturing as National Centers of Excellence in Continuous Pharmaceutical Manufacturing, and for other purposes.
1. Short title This Act may be cited as the Securing America’s Medicine Cabinet Act of 2021 . 2. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing (a) In general Section 3016 of the 21st Century Cures Act ( 21 U.S.C. 399h ) is amended to read as follows: 3016. National Centers of Excellence in Advanced and Continuous Pharmaceutical Manufacturing (a) In general The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs— (1) shall solicit and, beginning not later than one year after the date of enactment of the Securing America’s Medicine Cabinet Act of 2021 , receive requests from institutions of higher education, or consortia of institutions of higher education, to be designated as a National Center of Excellence in Advanced and Continuous Pharmaceutical Manufacturing (in this section referred to as a National Center of Excellence ) to support the advancement, development, and implementation of advanced and continuous pharmaceutical manufacturing; and (2) shall so designate not more than 5 institutions of higher education or consortia of such institutions that— (A) request such designation; and (B) meet the criteria specified in subsection (c). (b) Request for designation A request for designation under subsection (a) shall be made to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Any such request shall include a description of how the institution of higher education, or consortium of institutions of higher education, meets or plans to meet each of the criteria specified in subsection (c). (c) Criteria for designation described The criteria specified in this subsection with respect to an institution of higher education, or consortium of institutions of higher education, are that the institution or consortium has, as of the date of the submission of a request under subsection (a) by such institution or consortium— (1) physical and technical capacity for research, development, implementation, and demonstration of advanced and continuous pharmaceutical manufacturing; (2) manufacturing knowledge-sharing networks with other institutions of higher education, large and small pharmaceutical manufacturers, generic and nonprescription manufacturers, contract manufacturers, and other relevant entities; (3) proven capacity to design, develop, implement, and demonstrate new, highly effective technologies for use in advanced and continuous pharmaceutical manufacturing; (4) a track record for creating, preserving, and transferring knowledge with respect to advanced and continuous pharmaceutical manufacturing; (5) the proven ability to facilitate training of an adequate future workforce for research on, and implementation of, advanced and continuous pharmaceutical manufacturing; and (6) experience in participating in and leading advanced and continuous pharmaceutical manufacturing technology partnerships with other institutions of higher education, large and small pharmaceutical manufacturers, generic and nonprescription manufacturers, contract manufacturers, and other relevant entities— (A) to support companies seeking to implement advanced and continuous pharmaceutical manufacturing in the United States; (B) to support Federal agencies with technical assistance and employee training, which may include regulatory and quality metric guidance as applicable, and hands-on training, for advanced and continuous pharmaceutical manufacturing; (C) with respect to advanced and continuous pharmaceutical manufacturing, to organize and conduct research and development activities needed to create new and more effective technology, develop and share knowledge, create intellectual property, and maintain technological leadership; (D) to develop best practices for designing and implementing advanced and continuous pharmaceutical manufacturing processes; and (E) to assess and respond to the national workforce needs for advanced and continuous pharmaceutical manufacturing, including the development and implementing of training programs. (d) Termination of designation The Secretary may terminate the designation of any National Center of Excellence designated under this section if the Secretary determines such National Center of Excellence no longer meets the criteria specified in subsection (c). Not later than 90 days before the effective date of such a termination, the Secretary shall provide written notice to the National Center of Excellence, including the rationale for such termination. (e) Conditions for designation As a condition of designation as a National Center of Excellence under this section, the Secretary shall require that an institution of higher education or consortium of institutions of higher education enters into an agreement with the Secretary under which the institution or consortium agrees— (1) to collaborate directly with the Food and Drug Administration to publish the reports required by subsection (g); (2) to share data with the Food and Drug Administration regarding best practices and research generated through the funding under subsection (f); (3) to develop, along with industry partners (which may include large and small biopharmaceutical manufacturers, generic and nonprescription manufacturers, and contract research organizations or contract manufacturers that carry out drug development and manufacturing activities) and another institution or consortium designated under this section, if any, a roadmap for developing an advanced and continuous pharmaceutical manufacturing workforce; (4) to develop, along with industry partners and other institutions or consortia of such institutions designated under this section, a roadmap for strengthening existing, and developing new, relationships with other institutions of higher education or consortia thereof; and (5) to provide an annual report to the Food and Drug Administration regarding the institution’s or consortium’s activities under this section, including a description of how the institution or consortium continues to meet and make progress on the criteria specified in subsection (c). (f) Funding (1) In general The Secretary shall award funding, through grants, contracts, or cooperative agreements, to the National Centers of Excellence designated under this section for the purpose of studying and recommending improvements to advanced and continuous pharmaceutical manufacturing, including such improvements as may enable the Centers— (A) to continue to meet the conditions specified in subsection (e); (B) to expand capacity for research on, and development of, advanced and continuous pharmaceutical manufacturing; and (C) to implement research infrastructure in advanced and continuous pharmaceutical manufacturing suitable for accelerating the development of drug products needed to respond to emerging medical threats, such as emerging drug shortages, quality issues disrupting the supply chain, epidemics and pandemics, and other such situations requiring the rapid development of new products or new manufacturing processes. (2) Consistency with FDA mission As a condition on receipt of funding under this subsection, a National Center of Excellence shall agree to consider any input from the Secretary regarding the use of funding that would — (A) help to further the advancement of advanced and continuous pharmaceutical manufacturing through the National Center of Excellence; and (B) be relevant to the mission of the Food and Drug Administration. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $80,000,000 for the period of fiscal years 2022 through 2026. (4) Rule of construction Nothing in this section shall be construed as precluding a National Center for Excellence designated under this section from receiving funds under any other provision of this Act or any other Federal law. (g) Annual review and reports (1) Annual report Beginning not later than one year after the date on which the first designation is made under subsection (a), and annually thereafter, the Secretary shall— (A) submit to Congress a report describing the activities, partnerships and collaborations, Federal policy recommendations, previous and continuing funding, and findings of, and any other applicable information from, the National Centers of Excellence designated under this section; and (B) make such report available to the public in an easily accessible electronic format on the website of the Food and Drug Administration. (2) Review of National Centers of Excellence and potential designees The Secretary shall periodically review the National Centers of Excellence designated under this section to ensure that such National Centers of Excellence continue to meet the criteria for designation under this section. (3) Report on long-term vision of FDA role Not later than 2 years after the date on which the first designation is made under subsection (a), the Secretary, in consultation with the National Centers of Excellence designated under this section, shall submit a report to Congress on the long-term vision of the Department of Health and Human Services on the role of the Food and Drug Administration in supporting advanced and continuous pharmaceutical manufacturing, including— (A) a national framework of principles related to the implementation and regulation of advanced and continuous pharmaceutical manufacturing; (B) a plan for the development of Federal regulations and guidance for how advanced and continuous pharmaceutical manufacturing can be incorporated into the development of pharmaceuticals and regulatory responsibilities of the Food and Drug Administration; (C) a plan for development of Federal regulations or guidance for how advanced and continuous pharmaceutical manufacturing will be reviewed by the Food and Drug Administration; and (D) appropriate feedback solicited from the public, which may include other institutions of higher education, large and small biopharmaceutical manufacturers, generic and nonprescription manufacturers, and contract manufacturers. (h) Definitions In this section: (1) Advanced The term advanced , with respect to pharmaceutical manufacturing, refers to an approach that incorporates novel technology, or uses an established technique or technology in a new or innovative way, that enhances drug quality or improves the performance of a manufacturing process. (2) Continuous The term continuous , with respect to pharmaceutical manufacturing, refers to a process— (A) where the input materials are continuously fed into and transformed within the process, and the processed output materials are continuously removed from the system; and (B) that consists of an integrated process that consists of a series of two or more simultaneous unit operations. (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. . (b) Transition rule Section 3016 of the 21st Century Cures Act ( 21 U.S.C. 399h ), as in effect on the day before the date of the enactment of this section, shall apply with respect to grants awarded under such section before such date of enactment.
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https://www.govinfo.gov/content/pkg/BILLS-117s2589is/xml/BILLS-117s2589is.xml
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117-s-2590
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II 117th CONGRESS 1st Session S. 2590 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mrs. Shaheen (for herself, Ms. Collins , Mr. Warner , Mr. Menendez , Mr. Rubio , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To designate an Anomalous Health Incidents Interagency Coordinator to coordinate the interagency investigation of, and response to, anomalous health incidents, and for other purposes.
1. Short titles This Act may be cited as the Directed Energy Threat Emergency Response Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Since at least 2016, United States Government personnel and their family members have reported anomalous health incidents at diplomatic missions across the world and in the United States, which are sometimes referred to as Havana Syndrome . (2) Some of the anomalous health incidents have resulted in unexplained brain injuries, which have had permanent, life-altering effects that have disrupted lives and ended careers. (b) Sense of Congress It is the sense of Congress that— (1) the threat to United States Government personnel presenting as anomalous health incidents is a matter of urgent concern and deserving of the full attention of government; (2) personnel, dependents, and other appropriate individuals afflicted by possible anomalous health incidents deserve equitable, accessible, and high-quality medical assessment and care, regardless of their employing Government agency; (3) diagnoses and determinations to treat personnel, dependents, and other appropriate individuals experiencing symptoms consistent with such injuries should be made by experienced medical professionals and made available by the Federal Government; (4) any recriminations, retaliation, or punishment associated with personnel self-reporting symptoms is unacceptable and should be investigated by internal agency oversight mechanisms; (5) information sharing and interagency coordination is essential for the comprehensive investigation, attribution, and mitigation of these injuries; (6) the Administration should provide Congress and the public with timely and regular unclassified updates on the threat posed to United States Government personnel by the suspected causes of these injuries; (7) recent efforts by the Administration and among relevant agencies represent positive steps toward responding to the threat of anomalous health incidents, but more comprehensive measures must be taken to further assist victims, investigate the cause of such incidents, and mitigate future incidents; (8) establishing the source and cause of these anomalous health incidents must be a top priority for the United States Government and requires the full coordination of relevant agencies; (9) if investigations into anomalous health incidents are found to be the result of deliberate acts by individuals, entities, or foreign countries, the United States Government should recognize these incidents as hostile attacks; and (10) any actors found to have been targeting United States Government personnel should be publicly identified, as appropriate, and held accountable. 3. Definitions In this Act: (1) Agency coordination lead The term Agency Coordination Lead means a senior official designated by the head of a relevant agency to serve as the Anomalous Health Incident Agency Coordination Lead for such agency. (2) Appropriate national security committees The term appropriate national security committees means— (A) the Committee on Armed Services of the Senate ; (B) the Committee on Foreign Relations of the Senate ; (C) the Select Committee on Intelligence of the Senate ; (D) the Committee on Homeland Security and Governmental Affairs of the Senate ; (E) the Committee on the Judiciary of the Senate ; (F) the Committee on Armed Services of the House of Representatives ; (G) the Committee on Foreign Affairs of the House of Representatives ; (H) the Permanent Select Committee on Intelligence of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives ; and (J) the Committee on the Judiciary of the House of Representatives . (3) Interagency coordinator The term Interagency Coordinator means the Anomalous Health Incidents Interagency Coordinator designated pursuant to section 4(a). (4) Relevant agencies The term relevant agencies means— (A) the Department of Defense; (B) the Department of State; (C) the Office of the Director of National Intelligence; (D) the Central Intelligence Agency; (E) the Department of Justice; (F) the Department of Homeland Security; and (G) other agencies and bodies designated by the Interagency Coordinator. 4. Anomalous Health Incidents Interagency Coordinator (a) Designation Not later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official as the Anomalous Health Incidents Interagency Coordinator , who shall work through the President’s designated National Security process— (1) to coordinate the United States Government’s response to anomalous health incidents; (2) to coordinate among relevant agencies to ensure equitable and timely access to assessment and care for affected personnel, dependents, and other appropriate individuals; (3) to ensure adequate training and education for United States Government personnel; and (4) to ensure that information regarding anomalous health incidents is efficiently shared across relevant agencies in a manner that provides appropriate protections for classified, sensitive, and personal information. (b) Designation of Agency Coordination Leads (1) In general The head of each relevant agency shall designate a Senate-confirmed or other appropriate senior official, who shall— (A) serve as the Anomalous Health Incident Agency Coordination Lead for the relevant agency; (B) report directly to the head of the relevant agency regarding activities carried out under this Act; (C) perform functions specific to the relevant agency, consistent with the directives of the Interagency Coordinator and the established interagency process; (D) participate in interagency briefings to Congress regarding the United States Government response to anomalous health incidents; and (E) represent the relevant agency in meetings convened by the Interagency Coordinator. (2) Delegation prohibited An Agency Coordination Lead may not delegate the responsibilities described in subparagraphs (A) through (E) of such paragraph. (c) Secure reporting mechanisms Not later than 90 days after the date of the enactment of this Act, the Interagency Coordinator shall— (1) ensure that agencies develop a process to provide a secure mechanism for personnel, their dependents, and other appropriate individuals to self-report any suspected exposure that could be an anomalous health incident; (2) ensure that agencies share all relevant data with the Office of the Director of National Intelligence through existing processes coordinated by the Interagency Coordinator; and (3) in establishing the mechanism described in paragraph (1), prioritize secure information collection and handling processes to protect classified, sensitive, and personal information. (d) Briefings (1) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following 2 years, the Agency Coordination Leads shall jointly provide a briefing to the appropriate national security committees regarding progress made in achieving the objectives described in subsection (a). (2) Elements The briefings required under paragraph (1) shall include— (A) an update on the investigation into anomalous health incidents impacting United States Government personnel and their family members, including technical causation and suspected perpetrators; (B) an update on new or persistent incidents; (C) threat prevention and mitigation efforts to include personnel training; (D) changes to operating posture due to anomalous health threats; (E) an update on diagnosis and treatment efforts for affected individuals, including patient numbers and wait times to access care; (F) efforts to improve and encourage reporting of incidents; (G) detailed roles and responsibilities of Agency Coordination Leads; (H) information regarding additional authorities or resources needed to support the interagency response; and (I) other matters that the Interagency Coordinator or the Agency Coordination Leads consider appropriate. (3) Unclassified briefing summary The Agency Coordination Leads shall provide a coordinated, unclassified summary of the briefings to Congress, which shall include as much information as practicable without revealing classified information or information that is likely to identify an individual. (e) Retention of authority The appointment of the Interagency Coordinator shall not deprive any Federal agency of any authority to independently perform its authorized functions. (f) Rule of construction Nothing in this section may be construed to limit— (1) the President’s authority under article II of the United States Constitution; or (2) the provision of health care and benefits to afflicted individuals, consistent with existing laws. 5. Authorization of appropriations There is authorized to be appropriated to the Secretary of Defense $45,000,000 for fiscal year 2022, of which— (1) $30,000,000 shall be used— (A) to develop the necessary medical capacity to provide health assessments and appropriate care to United States Government personnel, dependents, and other appropriate individuals who have symptoms associated with anomalous health incidents; (B) to develop additional capability and capacity in the military healthcare system to provide assessment and timely care to affected United States Government personnel, dependents, and other appropriate individuals; and (C) to fund the assessment and care of civilian employees of the Department of Defense and other Department of Defense-affiliated non-beneficiaries, if such funding is not otherwise available; and (2) the remaining $15,000,000 shall be used to support the Department of Defense’s— (A) efforts to investigate and characterize the cause of anomalous health incidents, including investigations of technical causation, medical research, and other activities in support of attribution; (B) intelligence and data analysis of information related to anomalous health incidents; and (C) development and implementation of force protection and mitigation efforts. 6. Development and dissemination of workforce guidance The President shall direct relevant agencies to develop and disseminate to their employees, not later than 30 days after the date of the enactment of this Act, updated workforce guidance that describes— (1) the threat posed by anomalous health incidents; (2) known defensive techniques; and (3) processes to self-report suspected exposure that could be an anomalous health incident.
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https://www.govinfo.gov/content/pkg/BILLS-117s2590is/xml/BILLS-117s2590is.xml
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117-s-2591
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II 117th CONGRESS 1st Session S. 2591 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the National Equal Pay Enforcement Task Force, and for other purposes.
1. Short title This Act may be cited as the Equal Pay for Equal Work Enforcement Act . 2. National Equal Pay Enforcement Task Force (a) In general There is established the National Equal Pay Enforcement Task Force, consisting of representatives from the Equal Employment Opportunity Commission, the Department of Justice, the Department of Labor, and the Office of Personnel Management. (b) Mission In order to improve compliance, public education, and enforcement of equal pay laws, the National Equal Pay Enforcement Task Force will ensure that the agencies in subsection (a) are coordinating efforts and limiting potential gaps in enforcement. (c) Duties The National Equal Pay Enforcement Task Force shall investigate challenges related to pay inequity pursuant to its mission in subsection (b), advance recommendations to address those challenges, and create action plans to implement the recommendations.
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https://www.govinfo.gov/content/pkg/BILLS-117s2591is/xml/BILLS-117s2591is.xml
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117-s-2592
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II 117th CONGRESS 1st Session S. 2592 IN THE SENATE OF THE UNITED STATES August 3, 2021 Ms. Duckworth (for herself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Bureau of Prisons to submit to Congress an annual summary report of disaster damage, and for other purposes.
1. Short title This Act may be cited as the Correctional Facility Disaster Preparedness Act of 2021 . 2. Definitions In this Act, the term major disaster means— (1) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); or (2) any natural disaster or extreme weather or public health emergency event that— (A) would activate the use of any Bureau of Prisons 18 contingency plans; and (B) the Bureau of Prisons determines is a major disaster. 3. Bureau of prisons annual summary report of disaster damage (a) In general The Bureau of Prisons shall submit to the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives an annual summary report of disaster damage on the scope of physical damage from a major disaster by each Bureau of Prisons facility and its contract prisons impacted or struck by a major disaster that explains the effects of the damage on inmates and staff, including— (1) data on injury and loss of life of inmates and staff; (2) access to health and medical care, food, special dietary needs, drinkable water, personal protective equipment, and personal hygiene products; (3) guidance used to adjudicate early release or home confinement requests, data on early release or home confinement approvals, denials, and justification for denials; explanation as to whether using home confinement or early release was considered; (4) access to cost-free and uninterrupted visitation with legal counsel and visitors with justifications for facility decisions that resulted in suspended or altered visitations; (5) access to appropriate accommodations for inmates with disabilities; (6) access to educational and work programs; (7) inmate grievances; (8) assessment of the cost of the damage to the facility and estimates for repairs; (9) the impact on staffing, equipment, and financial resources; and (10) other factors relating to the ability of the Bureau of Prisons and any existing contract prison to uphold the health, safety, and civil rights of the correctional population. (b) Corrective action plan The report required under subsection (a) shall include agency corrective actions that the Bureau of Prisons will take to improve and modernize emergency preparedness plans, as they relate to natural disasters, extreme weather, and public health emergencies and (b) a timeline to implement the corrective action plan. (c) Recommendations The report required under subsection (a) shall include specific legislative recommendations to Congress for improving emergency preparedness plans within the Bureau of Prisons. (d) Appointment No later than 90 days after the enactment of this Act, the Director of the Bureau of Prisons shall appoint an official of the Bureau of Prisons responsible for carrying out the corrective action plan. 4. National institute of corrections Section 4351 of title 18, United States Code, is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by striking ten and inserting 13 ; and (B) by adding at the end the following: (3) One shall have served a sentence in either a Federal or State correctional facility or have a professional background advocating on the behalf of formerly incarcerated or incarcerated individuals. (4) One shall have a background as an emergency response coordinator that has created an emergency management accreditation program. (5) One shall have an educational and professional background in public health working with communicable diseases. ; and (2) by adding at the end the following: (2) Field hearing Not later than 1 year after the date of enactment of this subsection, the National Institute of Corrections shall conduct at least one public field hearing on how correctional facilities can incorporate in their emergency preparedness plans and recovery efforts— (A) inmate access to medical care, food, drinkable water, personal protective equipment, and personal hygiene products; (B) consideration by staff of using home confinement or early release; (C) inmate access to cost-free and uninterrupted visitation with legal counsel and visitors with clear standards for when facilities may suspend or alter visitations; (D) inmate access to appropriate accommodations for inmates with disabilities; (E) use of Federal funding to restore disaster-damaged correctional facilities; and (F) incorporation by staff of risk management best practices, such as those made available under the relevant agencies of the Federal Emergency Management Administration, Department of Health and Human Services, and the Government Accountability Office to enhance emergency preparedness plans. .
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117-s-2593
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II 117th CONGRESS 1st Session S. 2593 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Rubio (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to improve Federal oversight of foreign funding in education.
1. Short title This Act may be cited as the Greater Insight into Foreign Transactions in Higher Education Act of 2021 or the GIFTs in Higher Education Act . 2. Federal oversight of foreign funding in education Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ) is amended— (1) in subsection (a), by inserting , including a member of the faculty, professional staff, or other staff engaged in research and development, after Whenever any institution ; (2) by redesignating subsections (b) through (g), and subsection (h), as subsections (c) through (h), and subsection (k), respectively; (3) by inserting after subsection (a) the following: (b) Disclosures of gifts and contracts from designated foreign adversary sources (1) In general Notwithstanding subsection (a), whenever any institution, including a member of the faculty, professional staff, or other staff engaged in research and development, receives a gift from or enters into a contract with a designated foreign adversary source, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that designated foreign adversary source within a calendar year, the institution shall file a disclosure report with the Secretary not later than 30 days after the date of the receipt of the gift or entry into the contract. (2) List of designated foreign adversary sources In consultation with Congress, the Secretary of State may add countries to the list of adversarial foreign governments in subsection (k) but may not remove countries from that list. ; (4) in subsection (d) (as redesignated), by striking subsection (b) and inserting subsection (c) ; (5) in subsection (e) (as redesignated), by striking subsection (a) each place it appears and inserting subsection (a) or (b) ; (6) in subsection (k) (as redesignated)— (A) by redesignating paragraph (1) and paragraphs (2) through (5) as paragraph 2 and paragraphs (4) through (7), respectively; (B) by inserting before paragraph (2) (as redesignated) the following: (1) the term adversarial foreign government means— (A) the People's Republic of China; (B) the Russian Federation; (C) the Democratic People's Republic of Korea; (D) the Islamic Republic of Iran; (E) the Republic of Cuba; (F) the Syrian Arab Republic; (G) the regime of Nicolás Maduro in Venezuela; and (H) the government of any other country designated as an adversarial foreign government for purposes of this section by the Secretary of State, in accordance with subsection (b)(2); ; and (C) by inserting after paragraph (2) (as redesignated) the following: (3) the term designated foreign adversary source means— (A) an adversarial foreign government, including an agency of an adversarial foreign government; (B) a legal entity, governmental or otherwise, organized solely under the laws of a country described in paragraph (1); (C) an individual who is a citizen or national of such a country; and (D) an agent, including a subsidiary or affiliate of a legal entity of an adversarial foreign government, acting on behalf of an adversarial foreign government; ; and (7) by inserting after subsection (h) (as redesignated) the following: (i) Publication of foreign gift disclosures (1) Disclosure of gifts or contracts from foreign sources Not later than 30 days after the deadline for submission of a disclosure report under subsection (a), the Secretary shall make the contents of the disclosure report available online. (2) Disclosure of gifts or contracts from designated foreign adversary sources Not later than 30 days after receipt of a disclosure report submitted under subsection (b), the Secretary shall make the contents of the disclosure report available online. (j) Agency coordination The Secretary shall coordinate with other Federal agencies, as appropriate, to ensure that other Federal agencies have access to disclosure reports submitted under this section and any information or documentation relating to disclosure reports submitted under this section. . 3. Ensuring compliance with reporting requirements (a) In general Each Federal agency shall ensure that no Federal funds under the jurisdiction of that agency are distributed to an institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as determined by the head of the relevant agency. (b) Department of Education An institution that is knowingly or willfully in violation of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ), as determined by the Secretary of Education, shall not be eligible to receive Federal funds distributed by the Department of Education, except funds provided under title IV of the Higher Education Act of 1965. (c) Definition of institution In this section, the term institution has the meaning given that term in section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f ). 4. Effective date This Act and the amendments made by this Act take effect on June 30 of the year following the year of enactment of this Act.
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117-s-2594
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II 117th CONGRESS 1st Session S. 2594 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Blumenthal (for himself, Mr. Whitehouse , and Mr. Markey ) 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 strengthen requirements related to nutrient information on food labels, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Food Labeling Modernization 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. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability. 2. Additional requirements for front-of-package labeling for foods (a) Summary nutrition labeling information Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) Summary nutrition information Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears summary nutrition information that reflects the overall nutritional value of the food or specified ingredients, as specified in accordance with regulations of the Secretary, and does not contain any summary nutritional information which is in addition to or inconsistent with the information required under this subparagraph. (2) Required criteria for implementing regulations Final regulations regarding the summary nutrition information required under subparagraph (1) shall meet the following criteria: (A) There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and information related to the content of saturated and trans fats, sodium, added sugars, and any other nutrients that the Secretary determines are strongly associated with public health concerns. (B) The system shall employ an approach that clearly distinguishes between products of greater or lesser nutritional value. This system shall include— (i) a warning symbol or symbols for products high in saturated or trans fats, sodium, added sugars, and any other nutrients the consumption of which should be limited or discouraged; and (ii) a stop-light, points, star, or other commonly recognized signaling system to scale or rank foods according to their overall health value. (C) The information shall appear on all products that are required to bear nutrition labeling. (D) The information shall— (i) appear in a consistent location on the principal display panels across products; (ii) have a prominent design that visually contrasts with existing packaging design; and (iii) be sufficiently large to be easily legible. (3) Principles for implementing regulations In promulgating regulations regarding the summary nutrition information required under subparagraph (1), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding such information, and base regulations on the following principles: (A) Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product’s contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. (B) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. (C) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. (D) The Secretary should periodically evaluate the front-of-package information to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. (E) The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary. . (b) Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: (aa) Percentage of wheat and grains in grain-Based products If, in the case of food other than a dietary supplement, the principal display panel bears— (1) the term whole wheat , whole grain , made with whole grain , or multigrain ; (2) a declaration of the whole grain content by weight; (3) the term wheat on a wheat bread, pasta, or similar product that is typically made from wheat; or (4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. (bb) Amount of fruit (1) In general If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term fruit , fruity , froot , frooty , or fruit-flavored ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. (2) Quantities The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. (3) Nutrient-dense In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (cc) Amount of vegetables (1) In general If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term vegetable or veggie ; (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. (2) Quantities The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. (3) Nutrient-dense In this paragraph, the term nutrient-dense , with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. (dd) Amount of yogurt (1) In general If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt , unless— (A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or (B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. (2) Quantities The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt. . (c) Coloring and flavoring Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: (ee) Coloring and flavoring If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations). . (d) Sweeteners Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: (ff) Sweeteners If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food. . (e) Construction Nothing in this section, including any amendment made by this section, shall be construed as— (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel. 3. Claims for conventional foods (a) Health-Related claims (1) In general Section 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(1)(B) ) is amended by inserting after health-related condition the following: , describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient, . (2) Substantiation of claim Section 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) ) is amended— (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: (7) If the Secretary requests that a claim under subparagraph (1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim. . (3) Incompatible with maintaining healthy dietary practices Section 403(r)(3)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(B) ) is amended by striking increases to persons in the general population the risk of a disease or health-related condition which is diet related and inserting may not be compatible with maintaining healthy dietary practices . (b) Nutrient content claims (1) In general Section 403(r)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2) ) is amended by striking clause (B) and inserting the following: (B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient. . (2) Revisions to regulations In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by— (A) updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels published by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied low added sugar claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). (c) Trans fats Section 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(A) ) is amended— (1) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (2) by inserting after subclause (iv) the following new subclause: (v) may not be made with respect to the level of trans fats in the food, except on the Nutrition Facts Panel, unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats, . (d) Added sugars Not more than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule revising section 101.14 of title 21, Code of Federal Regulations, to include a disqualifying nutrient level for added sugars. 4. Use of specific terms (a) Use of the term natural (1) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations— (A) relating to use of the term natural on the labeling of food (other than a dietary supplement); (B) specifically addressing the use of such term on the principal display panel and the information panel; and (C) requiring that any such use includes a prominent disclosure explaining what the term natural does and does not mean in terms of ingredients and manufacturing processes. (2) Definition The regulations promulgated pursuant to paragraph (1) shall define the term natural — (A) to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and (B) based on data, including data on consumers’ understanding of the term as used in connection with food. (3) Process In promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall— (A) conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term natural in relation to the term organic ; and (B) fully consider the results of such surveys and studies, as well as such public submissions. (b) Use of term healthy (1) Added sugars and whole grains (A) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains. (B) Requirement In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be healthy unless 100 percent of the grains are whole grains. (2) Sodium In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) relating to the use of the term healthy on the labeling of a food (other than a dietary supplement) to align labeling requirements related to sodium with the daily value for sodium in the most recent Dietary Guidelines for Americans. (3) Principles for implementing regulations In promulgating regulations under paragraphs (1) and (2) regarding the use of the term healthy , the Secretary of Health and Human Services shall— (A) consider both food and nutrient criteria; and (B) if requiring food labeled as healthy to contain healthful ingredients— (i) consider only ingredients that make up the core of a healthy eating pattern; and (ii) consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act). 5. Format of ingredient list (a) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) )— (1) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (2) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices. (b) Format requirements The format requirements described in subsection (a) shall include requirements for font size, uppercase and lowercase characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations. (c) Enforcement of ingredient list Not later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary’s enforcement of— (1) section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ), including with respect to the regulations described in subsection (a); and (2) regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations. 6. Declaration of phosphorus in the ingredient list Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 2(d), is further amended by adding at the end the following: (gg) Phosphorus content If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless— (1) the phrase contains phosphorus , along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or (2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel. . 7. Caffeine content on information panel Section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) ) is amended— (1) by striking and (2) and inserting (2) ; (2) by striking and if the food purports and inserting , (3) if the food purports ; and (3) by inserting , and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving after vegetable juice contained in the food . 8. Food allergen labeling (a) In general Section 201(qq) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(qq) ) is amended by adding at the end the following: (3) Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the prevalence and severity of allergic reactions to the food ingredient. . (b) Update to Compliance Policy Guide Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration's Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act. 9. Information about major food allergens and gluten-containing grains (a) In general Section 403(w) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(w) ) is amended— (1) in subparagraph (1)(A), by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i) and inserting is printed as specified in subparagraph (8) ; (2) in subparagraph (1)(B), by striking in the list of ingredients required under subsections (g) and (i) and inserting as so printed ; (3) in subparagraph (3), by striking The information and inserting Subject to subparagraph (8)(B), the information ; and (4) by adding at the end the following: (8) The information required by subparagraph (1) to be conveyed to the consumer shall be— (A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or (B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item). ; (5) by inserting or gluten-containing grain after each reference to food allergen in subparagraphs (1), (2), (4), and (7); and (6) in subparagraph (7)(A)— (A) by striking paragraph (6) and inserting subparagraph (6) ; and (B) by striking allergen labeling requirements of this subsection and inserting allergen and gluten-containing grain labeling requirements of this paragraph . (b) Hazard analysis and preventive controls Section 418 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350g ) is amended— (1) in subsection (b)(1)(A), by inserting gluten-containing grains, after allergens, ; and (2) in subsubsection (o)(3)(D), by inserting and gluten-containing grain after allergen, . (c) Inspections relating to food allergens Section 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 ( 21 U.S.C. 374a ) is amended by inserting and gluten-containing grains, after allergens each place it appears. 10. Submission and availability of food label information The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 403C of such Act ( 21 U.S.C. 343–3 ) the following: 403D. Submission and availability of food label information (a) Submissions (1) Requirement The Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims ); (F) claims under section 403(r)(1)(B) (commonly known as health-related claims ); and (G) other relevant information required by law to be published in the labeling of the food. (2) Updates The Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty Whoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. (b) Public database The Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information. . 11. Standards of identity (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) review standards of identity prescribed by regulation which require foods to contain— (A) minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or (B) minimum levels of ingredients containing high levels of such nutrients; and (2) report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review. (b) Amendments In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall amend standards of identity regulations to— (1) provide for the use of salt substitutes where appropriate; and (2) require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram. 12. Study on fortification of corn masa flour Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the effect of the final rule titled Food Additives Permitted for Direct Addition to Food for Human Consumption; Folic Acid published by the Food and Drug Administration on April 15, 2016 (81 Fed. Reg. 22176) on folic acid intake in the United States population by race and ethnicity, comparing actual exposure with modeled exposure estimates from the final rule. 13. Sugar alcohols and isolated fibers Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 6, is further amended by adding at the end the following: (hh) Allulose, polydextrose, sugar alcohols, and isolated fibers If it is a food intended for human consumption that is offered for sale and contains allulose, polydextrose, sugar alcohols, or isolated fibers, unless such fact is prominently stated on the principal display panel of the packaging of the food. The Secretary shall by regulation establish quantities above which such labeling shall include a warning that the food contains a level of allulose, polydextrose, sugar alcohols, or isolated fibers per serving determined by the Secretary to cause deleterious health effects. . 14. Infant and toddler beverages In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise— (1) section 101.3 of title 21, Code of Federal Regulations, to prohibit any beverage in powder or liquid form, other than infant formula, represented or purported to be for use by children more than 12 months old, from being identified as infant formula or use the term formula in combination with any other term; and (2) part 102 of title 21, Code of Federal Regulations, so that— (A) in the case of any powdered or liquid milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name a descriptive term such as milk-based drink ; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name a qualifying term such as sweetened or flavored ; (B) in the case of any powdered or liquid nondairy-milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name an appropriately descriptive term identifying the source of protein, such as soy-based drink powder for 12–36 month olds ; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name qualifying terms such as sweetened and flavored when applicable; and (C) the labeling of a beverage described in subparagraph (A) or (B) shall— (i) contain a disclaimer that— (I) cautions against consumption of the beverage by infants, such as DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD ; and (II) such beverages are not recommended for children 12 to 24 months of age and such consumption of such beverages is not required for a healthy diet, such as This product contains added sugars. The Dietary Guidelines for Americans recommend to avoid food and beverages with added sugars for children younger than 24 months of age. ; and (ii) not contain any statement suggesting a recommended intake of such beverages, such as one cup a day . 15. Formatting of information on principal display panels The Secretary of Health and Human Services shall— (1) not later than 2 years after the date of enactment of this Act, conduct a study on the legibility of food labeling to determine updated recommendations for text size and color contrast that make food labeling information visually accessible to the majority of consumers; (2) not later than 1 year after the completion of the study under paragraph (1), issue proposed regulations revising section 101.2(c) of title 21, Code of Federal Regulations, to— (A) set the scale of text size, taking into consideration the results of the study conducted under paragraph (1); and (B) establish new requirements for text and background color contrast, taking into consideration the results of the study conducted under paragraph (1); and (3) not later than 2 years after the completion of the study under paragraph (1), finalize such proposed regulations. 16. Sale of food online Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ), as amended by section 13, is further amended by adding at the end the following: (ii) Sale of food online (1) In general If it is a food offered for sale online, unless all information required to appear on the label or labeling under this section is available to consumers at the online point of selection prior to purchasing the food. (2) Form and manner The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. (3) Exemption A food shall be exempt from the requirements of this paragraph if it is a food that is offered for sale by a retailer with annual gross sales of not more than $500,000, or with annual gross sales of foods or dietary supplements to consumers of not more than $50,000, so long as such retailers do not provide nutrition information or make a nutrient content or health claim at the online point of purchase. . 17. Definitions (a) Definitions applicable in this Act In this Act, the terms food and dietary supplement have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (b) Definitions applicable in the Federal Food, Drug, and Cosmetic Act Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (ss) The term artificial , with respect to food or any ingredient of food, means— (1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient; (2) food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding— (A) food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or (B) food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or (3) any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act. (tt) The term synthetic , with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. (uu) The term gluten-containing grains means any one of the following grains (or any crossbred hybrid thereof): (1) Wheat, including any species belonging to the genus Triticum. (2) Rye, including any species belonging to the genus Secale. (3) Barley, including any species belonging to the genus Hordeum. (vv) The term gluten means the proteins that— (1) naturally occur in a gluten-containing grain; and (2) may cause adverse health effects in persons with celiac disease. (ww) The term online means on or by any system of data communication and transmission, such as the internet. (xx) The term online point of selection means any space in which consumers are allowed to purchase food online, including websites, e-commerce platforms, web applications, and mobile applications. . 18. Regulations; delayed applicability (a) Regulations (1) Proposed regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to carry out sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the amendments made by such sections. (2) Final regulations Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1). (3) Failure to issue final regulation If the Secretary of Health and Human Services does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline. (b) Delayed applicability The amendments made by sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on 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-117s2594is/xml/BILLS-117s2594is.xml
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117-s-2595
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II 117th CONGRESS 1st Session S. 2595 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Cardin (for himself 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 address prescription drug shortages and improve the quality of prescription drugs, and for other purposes.
1. Short title This Act may be cited as the Drug Shortages Prevention and Quality Improvement Act . 2. Lengthen expiration dates to mitigate critical drug shortages (a) In general The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506C–1 ( 21 U.S.C. 356c–1 ) the following: 506C–2. Extended shelf life dates for essential drugs (a) In general A manufacturer of a drug subject to notification requirements under section 506C(a) (referred to in this section as an essential drug ) shall— (1) submit to the Secretary data and information as required by subsection (b)(1); (2) conduct and submit the results of any studies required under subsection (b)(2); and (3) make any labeling change described in subsection (c) by the date specified by the Secretary pursuant to such subsection. (b) Notification (1) In general The Secretary may issue an order requiring the manufacturer of any essential drug to submit, in such manner as the Secretary may prescribe, data and information from any stage of development of the drug that are adequate to assess the shelf life stability of the drug to determine the longest supported expiration date. (2) Unavailable or insufficient data and information If the data and information required pursuant to an order issued under paragraph (1) are not available or are insufficient, the Secretary may require the manufacturer of the drug to— (A) conduct studies adequate to provide the data and information in accordance with section 211.166 of title 21, Code of Federal Regulations (or any successor regulations); and (B) submit to the Secretary the results, data, and information generated by such studies when available. (c) Labeling The Secretary may issue an order requiring the manufacturer of an essential drug to, by a specified date, make any labeling change regarding the expiration period that the Secretary determines to be appropriate based on the data and information required to be submitted under this section or any other data and information available to the Secretary in accordance with labeling requirements under subpart G of part 211 of title 21, Code of Federal Regulations (or any successor regulations). (d) Confidentiality Nothing in this section 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, or section 1905 of title 18, United States Code. . (b) Civil monetary penalty Section 303(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(b) ) is amended by adding at the end the following: (9) If a drug manufacturer fails to submit data and information as required under section 506C–2(b)(1), fails to conduct or submit the results of studies as required under section 506C–2(b)(3), or fails to make a labeling change as required under section 506C–2(c), such manufacturer shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation. . (c) GAO Study of shelf life data Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study examining the process by which prescription drug manufacturers submit data on shelf life to the Food and Drug Administration. In carrying out this study, the Comptroller General shall consider whether manufacturers adequately test the shelf life stability of their drug products subject to section 211.166 of title 21, Code of Federal Regulations (or any successor regulations). (d) Shelf life stability guidance Not later than 6 months after the date of enactment of this Act, the Secretary shall publish for notice and comment in the Federal Register updates to stability testing under section 211.166 of title 21, Code of Federal Regulations (or any successor regulations). 3. Quality Management Maturity Sterile Injectable Drug Pilot Program (a) Quality Management Maturity Sterile Injectable Drug Pilot Program (1) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Commissioner of Food and Drugs, shall commence the Quality Management Maturity (QMM) Sterile Injectable Drug Pilot Program (referred to in this section as the pilot program ) under this section. Under such program, the Secretary shall— (A) select eligible drug manufacturers to participate in the program in accordance with paragraph (2); and (B) contract with a third-party contractor to develop a QMM assessment tool and conduct assessments, in cooperation with staff of the Food and Drug Administration, of each participant’s quality management system. (2) Eligibility To be eligible to participate in the pilot program under this section, a manufacturer shall— (A) be a for-profit or nonprofit entity; (B) manufacture a prescription drug that is a sterile injectable drug; (C) manufacture a drug that is deemed an essential medicine under Executive Order 13944 (85 Fed. Reg. 49929); (D) have received a final classification of No Action Indicated or Voluntary Action Indicated with respect to all inspections of all manufacturing facilities of the entity conducted by the Food and Drug Administration within the 5-year period immediately preceding the date of enactment of this Act; (E) be a person who has registered one or more establishments under subsection (b)(1) or (i)(1) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ), with respect to the manufacture of a prescription drug described in subparagraph (B); and (F) agree to— (i) permit a third-party contractor to conduct regular assessments under the QMM pilot program, as described in paragraph (3), either on-site or remotely; (ii) collect and submit metrics data to the Food and Drug Administration and the contractor by an agreed upon date, prior to each assessment described in clause (i); and (iii) be available for consultations with the third-party contractor and the Food and Drug Administration prior to and after each assessment described in clause (i), including discussions regarding the participant’s established QMM-related activities and the contractor’s post-assessment recommendations regarding these activities. (3) Assessments Assessments that are conducted jointly by a third-party contractor, in cooperation with staff of the Food and Drug Administration, will regularly conduct manufacturer facility assessments to determine the manufacturer’s quality management maturity progress or status. Pilot program assessments will cover multiple topics and shall include— (A) supply chain management; (B) manufacturing strategy and operations; (C) safety, environmental, and regulatory compliance; (D) inventory management; (E) performance management and continual improvement; (F) risk management; (G) management review and responsibility; (H) planning; (I) workforce management; (J) quality culture; and (K) customer experience. (4) Program duration Not later than 6 months after the date of enactment of this Act, the Secretary shall publish instructions for applicants in the Federal Register. Such instructions shall include a timeline for the application period for such program, and a 1-year timeline for the pilot program following such application period. (b) Report to Congress Not later than 6 months after the completion of the pilot program, the Secretary shall submit a report to Congress on such pilot program. Such report shall include— (1) a summary of third-party assessments of each participating manufacturer’s quality management system; (2) recommendations on next steps towards developing a publicly available Food and Drug Administration rating system for quality management maturity systems of sterile injectable drug manufacturing facilities, including specific drugs manufactured at each facility; (3) considerations the Food and Drug Administration may take in updating guidance of current good manufacturing practice of sterile injectable drug products; and (4) recommendations on incorporating pilot programs (or related work) described in the guidances entitled, Quality Management Maturity for Finished Dosage Forms Pilot Program for Domestic Drug Product Manufacturers; Program Announcement , issued by the Food and Drug Administration on October 16, 2020 (85 Fed. Reg. 65824), and Quality Management Maturity for Active Pharmaceutical Ingredients Pilot Program for Foreign Facilities; Program Announcement , issued by the Food and Drug Administration on October 16, 2020 (85 Fed. Reg. 65828), into publicly available Food and Drug Administration rating systems for overall quality management maturity systems. (c) Definition In this section, the term sterile injectable drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), a biological product licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), or a combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(g) ) whose primary mode of action is that of a drug or biological product, whose manufacturing, distribution, and administration processes require sterile conditions. 4. Improved data sharing: ensuring timely and informative notification (a) In general Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (fff) Failure To provide timely and informative notification Any manufacturer who violates a requirement of this Act that relates to critical drugs by failing to provide timely, adequate information related to drug shortages pursuant to section 506C(a) shall be subject to a civil penalty in an amount not to exceed $50,000 per violation. . (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate final regulations to carry out section 301(fff) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). 5. Supporting continuous manufacturing to prevent shortages for susceptible drugs Subtitle B of title III of the 21st Century Cures Act is amended by inserting after section 3016 ( 21 U.S.C. 399h ) the following: 3017. Grants for continuous manufacturing to prevent drug shortages (a) In general The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall solicit and, beginning not later than one year after the date of enactment of the Drug Shortages Prevention and Quality Improvement Act , receive, requests from institutions of higher education and nonprofit entities engaged in the manufacture of sterile injectable drugs for the purpose of upgrading drug establishment to continuous manufacturing or other advanced manufacturing capabilities. (b) Grant criteria An institution of higher education or a nonprofit entity shall be eligible for a grant under this section if such institution or entity manufactures a drug that— (1) is categorized as an essential medicine under Executive Order 13944; (2) is a sterile injectable drug; and (3) is vulnerable to shortage. (c) Grant selection As a condition for accepting a grant under this section, an institution of higher education and nonprofit entity shall agree to participate in the Quality Management Maturity Sterile Injectable Drug Pilot Program established under section 3 of the Drug Shortages Prevention and Quality Improvement Act . (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $1,000,000,000 for the period of fiscal years 2022 through 2027. (e) Definitions In this section: (1) Advanced manufacturing The term advanced manufacturing means an approach for the manufacturing of drugs that incorporates novel technology, or uses an established technique or technology in a new or innovative way (such as continuous manufacturing where the input materials are continuously transformed within the process by 2 or more unit operations) that enhances drug quality or improves the manufacturing process. (2) Continuous manufacturing The term continuous manufacturing — (A) means a process where the input materials are continuously fed into and transformed within the process, and the processed output materials are continuously removed from the system; and (B) consists of an integrated process that consists of a series of 2 or more unit operations. (3) Sterile injectable drug The term sterile injectable drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), a biological product licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), or a combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(g) ) whose primary mode of action is that of a drug or biological product, whose manufacturing, distribution, and administration processes require sterile conditions. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2595is/xml/BILLS-117s2595is.xml
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117-s-2596
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II 117th CONGRESS 1st Session S. 2596 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for Federal student loan reform.
1. Short title This Act may be cited as the Leveraging Opportunities for Americans Now Act of 2021 or the LOAN Act of 2021 . 2. Elimination of interest and replacement with financing fees Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following: (r) Elimination of interest and replacement with financing fees (1) In general (A) In general Except as provided under subparagraph (B), beginning on July 1, 2022, the Secretary shall make loans under this part in accordance with this subsection. (B) Exception Beginning on July 1, 2022, the Secretary shall make loans under this part in accordance with the provisions of this part other than this subsection to a borrower who— (i) was enrolled in an institution of higher education on June 30, 2022; and (ii) elects to borrow a loan under this part in accordance with the provisions of this part other than this subsection. (2) Elimination of interest For loans made under this part in accordance with this subsection for which the first disbursement is made on or after July 1, 2022, the applicable rate of interest shall be equal to 0 percent. (3) Financing fees (A) In general Beginning on July 1, 2022, the Secretary shall charge the borrower of a loan made under this part in accordance with this subsection a financing fee determined in accordance with this paragraph and issued on the date the loan is dispersed. (B) Determination of fee The financing fee for a borrower of a loan made under this part— (i) that is used for enrollment in an undergraduate course of study (except a Federal Direct PLUS Loan made on behalf of a dependent student), shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; (ii) that is used for enrollment in a course of study necessary for enrollment in a program leading to a degree or certificate, shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; (iii) that is used for enrollment in a program that is necessary for a professional credential or certification from a State that is required for employment as a teacher in an elementary or secondary school in that State, shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; and (iv) that is a Federal Direct PLUS Loan made on behalf of a dependent student or used for enrollment in a graduate or professional course of study, shall be equal to, from the principal amount of the loan, 35 percent of the amount of such loan. (C) Reduction due to prepayment (i) In general In order to provide an incentive to borrowers to pay the balance of a loan made under this part earlier than required under the applicable repayment plan, the Secretary may credit or refund any such borrowers for an amount of the financing fee charged under this subsection. (ii) Regulations (I) In general Not later than 9 months after the date of enactment of the LOAN Act of 2021, the Secretary shall promulgate regulations establishing the methodology for crediting or refunding a financing fee charged under this subsection pursuant to clause (i). Such credit or refund shall not reduce the financing fee by more than— (aa) with respect to a borrower whose income, as determined under subclause (II), was not more than $45,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 15 percentage points of such amount; (bb) with respect to a borrower whose income, as determined under subclause (II), was more than $45,000 but not more than $95,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 10 percentage points of such amount; and (cc) with respect to a borrower whose income, as determined under subclause (II), was more than $95,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 5 percentage points of such amount. (II) Income determination For purposes of subclause (I), a borrower's income is equal to the amount by which— (aa) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds (bb) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (D) Methodology of payment The Secretary shall establish an amortization schedule for the repayment of financing fees charged under this subsection. (4) Rulemaking for consolidation Not later than 18 months after the date of enactment of the LOAN Act of 2021, the Secretary shall promulgate rules regarding Federal Direct Consolidation Loans made under this part in accordance with this subsection, including a rule that the financing fee for such a Federal Direct Consolidation Loan determined in accordance with this subsection shall not exceed the sum of the financing fees applicable to the consolidated loans. . 3. Income dependent education assistance repayment plan Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Income dependent education assistance repayment plan (a) In general (1) Applicability Notwithstanding any other provision of this Act, with respect to any loan made under this part after the date of enactment of the LOAN Act of 2021, the repayment plan options are only a 10-year fixed repayment plan and the repayment plan under this section. If the borrower of the loan does not select a repayment plan, the repayment of such loan shall be made in accordance with this section. A borrower of a loan made under this part after the date of enactment of the LOAN Act of 2021 may affirmatively select the repayment plan under this section. (2) Regulations Not later than 18 months after the date of enactment of the LOAN Act of 2021, the Secretary shall promulgate rules— (A) outlining how the Department will implement the income dependent education assistance repayment plan requirements for borrowers under this section; and (B) regarding monthly repayment processes for borrowers of loans made under this part before the date of enactment of the LOAN Act of 2021. (3) Rule of construction Nothing in this section shall be construed to eliminate or otherwise affect the loan forgiveness or loan cancellation options available under this part to a borrower. (b) Duties of the Secretary of the Treasury (1) In general The Secretary of the Treasury shall, with respect to each individual for whom a loan made under this part after the date of enactment of the LOAN Act of 2021 is in repayment status, transmit to the Secretary of Education— (A) in the case of such an individual who files an income tax return for such taxable year, such tax information as is necessary to determine the individual’s repayment obligation and financing fee adjustments, as determined by the Secretary under this part; and (B) in the case of any such individual who does not file a return for such taxable year, any available tax information of the individual as may be necessary to determine such obligation and whether such individual is delinquent under the terms of such loan for not so filing. (2) Additional program requirements The Secretary of the Treasury shall establish such other policies, procedures, and guidance as may be necessary to carry out the purposes of this section, including measures to prevent underreporting and evasion of repayment or filing. (c) Duties of the Secretary of Education (1) In general The Secretary shall carry out, as part of the loan repayment plan established under this section, the following activities: (A) Calculation of annual repayment amounts The Secretary shall calculate the annual repayment amount under this section for borrowers with 1 or more loans made under this part after the date of enactment of the LOAN Act of 2021 in repayment status for one or more months in the taxable year for which the amount is determined regardless of which repayment plan the borrower is in, including the repayment obligations of such borrowers in accordance with subsection (d)(3). (B) Communication with the secretary of the treasury The Secretary shall transmit to the Secretary of the Treasury such information as is necessary for the Secretary of the Treasury to carry out subsection (d)(3). (C) Annual statements Upon calculating the annual repayment amounts under subparagraph (A) for a taxable year, the Secretary shall provide a statement, on an annual basis, to each borrower with a loan made under this part after the date of enactment of the LOAN Act of 2021 regardless of which repayment plan the borrower is in, which lists the following: (i) Total payments made on the borrower’s annual repayment amount for such taxable year. (ii) The borrower’s annual repayment amount for such taxable year. (iii) The outstanding balances on all the loans made to the borrower under this part after the date of enactment of the LOAN Act of 2021 and any other outstanding balances on loans of the borrower that were made, insured, or guaranteed under this title. (iv) A description of how the borrower’s annual repayment amount was calculated. (D) Payments on a borrower's behalf (i) In general The Secretary shall— (I) provide a mechanism for other individuals or entities to make payments on the annual repayment amount of a borrower for a taxable year; and (II) notify the borrower that any payments made under subclause (I) for the taxable year that exceed the annual repayment amount for the year shall not be refunded to the borrower, except as provided through the appeals process described in clause (ii). (ii) Appeals process The Secretary shall make available a process through which a borrower can appeal for refund of payments made under clause (i) that exceed the annual repayment amount for the year if such payments were made pursuant to improper wage garnishment. (E) Appeals process (i) In general The Secretary shall make available a process through which a borrower can appeal the calculation of the borrower’s annual repayment amount, including a worksheet that enables a borrower to calculate the borrower’s annual repayment amount. (ii) Good standing A borrower who makes an appeal under clause (i) with respect to a loan shall be considered in good standing on such loan during the duration of the appeal. (iii) Regulations The Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the LOAN Act of 2021. (F) Delinquent for failure to file a return (i) In general In a case in which the Secretary receives information from the Secretary of the Treasury under subsection (b) that a borrower with a loan made under this part after the date of enactment of the LOAN Act of 2021 in repayment status in the repayment plan under this section, has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return, the Secretary shall— (I) notify the borrower of the borrower’s failure to file such a return; and (II) if the borrower fails to file such a return within 90 days of receipt of the notice described in subclause (I), consider the borrower’s loans made under this part after the date of enactment of the LOAN Act of 2021 in repayment status in the repayment plan under this section to be delinquent. (ii) Appeals process The Secretary shall make available a process through which a borrower can appeal a determination under clause (i) that the borrower has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return. The Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the LOAN Act of 2021. (G) Monthly payments process The Secretary shall— (i) establish a monthly payments process described in paragraph (2); and (ii) issue regulations establishing penalties for default on such monthly payments. (H) Calculating loan forgiveness The Secretary shall determine appropriate loan forgiveness options for students who select the repayment plan under this section. (I) Financial hardships (i) In general The Secretary shall establish a process for providing an adjustment in both the monthly payment and annual repayment amount obligations on a loan for a borrower experiencing extreme unforeseen financial circumstances unrelated to a change in annual income. (ii) Repayment status A borrower who receives an adjustment under clause (i) for a loan shall be deemed in repayment status with respect to such loan. (2) Monthly payments process (A) In general The Secretary shall establish a process under which a borrower, or one making payments on behalf of a borrower under paragraph (1)(D), shall make monthly payments towards the borrower’s annual repayment amount. (B) Information required The procedure for initiating the monthly payments process under subparagraph (A) shall include an income estimate based on the income verification provided by the Secretary of the Treasury under subsection (b). (C) Automatic continuation The monthly payments process shall continue until the borrower’s loans made under this part after the date of enactment of the LOAN Act of 2021 are repaid. (D) Updating payment amounts (i) Secretary The Secretary shall automatically recalculate a borrower’s monthly payment amount— (I) at the beginning of a new taxable year using the most recent income estimate provided under subsection (b)(1) by the Secretary of the Treasury; and (II) not later than 30 days after the date the borrower's income estimate is adjusted after an appeal under paragraph (1)(E). (ii) Borrower A borrower may request that the Secretary update the borrower’s income estimate to adjust monthly payment amounts pursuant to subparagraph (E) or (I) of paragraph (1) at any time. (d) Borrower repayment (1) Repayment period The repayment period of a loan in the repayment plan under this section shall— (A) begin on the first day of the first taxable year that begins after the borrower’s in-school deferment period; and (B) continue until the loan is paid in full, except that the Secretary may grant a borrower deferment of the borrower’s annual repayment amount— (i) for a period not to exceed 60 days, due to administrative or technical reasons; (ii) for a period not to exceed 3 months, due to unusual circumstances that disrupt the borrower’s ability to make timely payments on the loan; or (iii) renewable at 12-month intervals for a period not to exceed 3 years, due to documented extreme economic hardship on the part of a borrower. (2) Prepayment authorized A borrower shall have the right to prepay all or part of such loan, at any time and without penalty. Any such prepayment amount shall be applied in accordance with section 455(r)(3)(C). (3) Determination of income-Based repayment obligation (A) In general The repayment obligation under this section with respect to an individual for any taxable year is an amount equal to 10 percent of the amount by which— (i) the individual's, and the individual's spouse's (if applicable), adjusted gross income; exceeds (ii) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ). (B) Exclusion of certain amounts paid on behalf of individual Any amount paid on the borrower's behalf under subsection (c)(1)(D) shall not be taken into account in determining such borrower's income-based repayment obligation. (C) Individuals not filing a return The income-based repayment obligation with respect to an individual not required to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 shall be treated as zero. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2596is/xml/BILLS-117s2596is.xml
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117-s-2597
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II 117th CONGRESS 1st Session S. 2597 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Grassley (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Health Protection Act with respect to the importation of live dogs, and for other purposes.
1. Short title This Act may be cited as the Healthy Dog Importation Act . 2. Importation of live dogs (a) In general The Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ) is amended by inserting after section 10404 ( 7 U.S.C. 8303 ) the following: 10404A. Importation of live dogs (a) Definitions In this section: (1) Importer The term importer means any person who transports or causes the transportation of a dog into the United States from a foreign country. (2) Transfer The term transfer means a change of ownership or control of an imported dog to another person, including by sale, adoption, exchange, or donation. (b) Requirements (1) In general Except as provided in paragraph (3), no person shall import a dog into the United States unless, as determined by the Secretary, the dog— (A) is in good health; (B) has received all necessary vaccinations and demonstrated negative test results, as required by the Secretary and evidenced by a certificate that— (i) is issued by a licensed veterinarian accredited by a competent veterinary authority recognized by the Secretary; and (ii) is endorsed by that authority in a manner representing that the veterinarian issuing the certificate was authorized to do so; and (C) is officially identified by a permanent method approved by the Secretary. (2) Transfer Except as provided in paragraph (3), no person shall import or cause the transportation of a dog into the United States from a foreign country for the purpose of transfer unless, as determined by the Secretary, the dog— (A) meets the criteria described in paragraph (1); (B) is at least 6 months old; and (C) is accompanied by an import permit issued by the Secretary under this Act. (3) Exceptions The Secretary, by regulation, shall provide an exception to any requirement under this Act in any case in which a dog is imported for purposes of transfer for— (A) research purposes; (B) veterinary treatment, paid for by the importer, subject to the condition that the dog— (i) is taken directly to a veterinary facility for treatment with appropriate quarantine until the dog meets the criteria described in paragraph (1); and (ii) is then exported to its country of origin; or (C) in the case of a dog that is less than 6 months old, lawful importation into the State of Hawaii in compliance with the regulations of the State of Hawaii and the other requirements of this section, if the dog is not transported out of the State of Hawaii for transfer at less than 6 months of age. (c) Implementation and Regulations The Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security, shall— (1) promulgate such regulations as the Secretaries determine to be necessary to implement and enforce this section; (2) (A) facilitate electronic submission of all required documentation; and (B) make the information in the documentation submitted under subparagraph (A) available to the Secretary, the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security, as applicable, for verification on arrival of the dog in the United States; and (3) determine and establish such fees for the issuance of permits and the carrying out of inspections with respect to dog importation as are necessary to fund the implementation and enforcement of this section. (d) Rule of construction Nothing in subsection (c)(3) limits the availability of funding made available under section 10417 to carry out this section. (e) Enforcement (1) Authority The Secretary shall have the authority granted under section 10414 to enforce this section. (2) Penalties An importer that fails to comply with this section shall— (A) be subject to penalties under section 10414; and (B) if the importer is a dealer, provide, as the Secretary may determine, at the expense of the importer, for— (i) the care (including appropriate veterinary care), forfeiture, quarantine, and removal from the United States of each applicable dog; and (ii) the return of each applicable dog to its place of export, with due care for the welfare of each applicable dog. . (b) Conforming amendment Section 18 of the Animal Welfare Act ( 7 U.S.C. 2148 ) is repealed. 3. Transportation (a) Definition of transporter Section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking paragraph (1) and inserting subparagraph (A) ; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) in each of subsections (a) through (o), by inserting a subsection heading, the text of which is comprised of the term defined in the subsection; (3) by redesignating subsections (a) through (o) as paragraphs (12), (15), (3), (17), (14), (6), (1), (7), (11), (2), (8), (9), (13), (4), (10), respectively, and indenting appropriately; (4) by inserting after paragraph (4) (as so designated) the following: (5) Compensation The term compensation means any act, consideration, or thing of value received by a person directly, including cash or noncash benefits, cost-avoidance, obtaining positive or avoiding negative publicity, an exchange of services, or maintaining a license issued under any local, State, or Federal government authority. ; (5) by inserting after paragraph (15) (as so designated) the following: (16) Sell; resell The term sell or resell means to transfer ownership or control of an animal, including by sale, adoption, exchange, or donation. ; and (6) by adding at the end the following: (18) Transporter The term transporter means any person, department, agency, or instrumentality of the United States or of any State or local government, other than a carrier or intermediate handler, who— (A) receives an animal from any importer, dealer, research facility, exhibitor, operator of an auction sale, or department, agency, or instrumentality of the United States or of any State or local government; and (B) receives compensation for moving that animal in commerce. . (b) Humane standards Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) in subsection (a)(4)— (A) in the first sentence, by striking air carriers, and inserting transporters, air carriers, ; and (B) by adding at the end the following: The Secretary shall provide, by regulation, that each transporter, intermediate handler, or carrier receiving a certificate of veterinary inspection required under this section shall submit a copy of the certificate to the Secretary, who shall record the information in a centralized, publicly available database. ; (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (3) in the second subsection (f) (relating to certificates of inspection required for delivery of an animal), by striking (f) No dogs or cats and inserting the following: (g) No dogs or cats ; and (4) in subsection (g) (as so redesignated)— (A) in the first sentence— (i) by inserting importer, before dealer, ; and (ii) by inserting , transporter, after intermediate handler ; and (B) in the second sentence— (i) by inserting , the transporters, after the intermediate handlers ; and (ii) by striking section 10 of this Act and inserting subsection (a)(4) . 4. Regulations (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall promulgate final regulations to implement the amendments made by this Act, including with respect to— (1) the verification on arrival in the United States of each dog being imported into the United States from a foreign country that the dog meets all applicable importation requirements; and (2) the denial of entry into the United States of any dog that fails to meet those requirements. (b) Transition period Until the date on which final regulations are issued under subsection (a), the importation of live dogs shall be regulated in accordance with the regulations promulgated under section 18 of the Animal Welfare Act ( 7 U.S.C. 2148 ) (as in effect on the day before the date of enactment of this Act), but only to the extent that those regulations are not in conflict with section 10404A of the Animal Health Protection Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2597is/xml/BILLS-117s2597is.xml
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117-s-2598
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II 117th CONGRESS 1st Session S. 2598 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Durbin (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 title 11, United States Code, to improve the treatment of student loans in bankruptcy, and for other purposes.
1. Short title This Act may be cited as the Fostering Responsible Education Starts with Helping Students Through Accountability, Relief, and Taxpayer Protection Through Bankruptcy Act of 2021 or the FRESH START Through Bankruptcy Act . 2. Exceptions to discharge Section 523(a) of title 11, United States code, is amended by striking paragraph (8) and inserting the following: (8) for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship, or stipend received from a governmental unit or nonprofit institution, unless— (A) excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents; or (B) the first payment on such debt became due before the 10-year period (exclusive of any applicable suspension of the repayment period) ending on the date of the filing of the petition; (8A) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents, for— (A) an obligation to repay funds received as an educational benefit, scholarship, or stipend, other than an obligation described in paragraph (8); or (B) any educational loan, other than a loan described in paragraph (8), that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual; . 3. Effect of discharge of certain student loans Section 524 of title 11, United States Code, is amended by adding at the end the following: (n) (1) In this subsection: (A) The term cohort repayment rate , with respect to a covered institution of higher education, means the percentage of student borrowers who are making at least some progress paying down their student loans within 3 years of entering repayment. (B) The term covered institution of higher education means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.SC. 1002)) that— (i) is a participant in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ); and (ii) has an enrollment of students that is not less than 33 percent students who have received a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )). (C) The term covered student loan means the original principal of a loan— (i) the first payment on which became due before the 10-year period (exclusive of any applicable suspension of the repayment period) ending on the date of the filing of the petition; and (ii) used by the debtor to make a payment to a covered institution of higher education on behalf of the debtor for the purpose of attaining an educational benefit. (D) The term Federal Direct PLUS Loan means a Federal Direct PLUS Loan under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) (2) If a covered student loan is discharged in a bankruptcy case under this title, the covered institution of higher education to which the debtor of the bankruptcy case made a payment with the covered student loan shall pay to the Department of Education an amount determined in accordance with the following: (A) An amount equal to 50 percent of the amount of the covered student loan that is discharged, if the covered institution of higher education, on the date on which the first payment on the covered student loan became due— (i) had a cohort default rate (as determined under section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ) for each of the 3 fiscal years preceding that date that was equal to or more than 25 percent; and (ii) had a cohort repayment rate— (I) except for borrowers described in subclause (II), that was equal to or less than 20 percent; and (II) with respect to borrowers who were graduate or professional students who received a Federal Direct PLUS Loan for enrollment at the institution, that was equal to or less than 35 percent. (B) An amount equal to 30 percent of the amount of the covered student loan that is discharged, if the covered institution of higher education, on the date on which the first payment on the covered student loan became due— (i) had a cohort default rate (as determined under section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ) for each of the 3 fiscal years preceding that date that was equal to or more than 20 percent and less than 25 percent; and (ii) had a cohort repayment rate— (I) except for borrowers described in subclause (II), that was equal to or less than 25 percent and more than 20 percent; and (II) with respect to borrowers who were graduate or professional students who received a Federal Direct PLUS Loan for enrollment at the institution, that was equal to or less than 40 percent and more than 35 percent. (C) An amount equal to 20 percent of the amount of the covered student loan that is discharged, if the covered institution of higher education, on the date on which the first payment on the covered student loan became due— (i) had a cohort default rate (as determined under section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ) for each of the 3 fiscal years preceding that date that was equal to or more than 15 percent and less than 20 percent; and (ii) had a cohort repayment rate— (I) except for borrowers described in subclause (II), that was equal to or less than 30 percent and more than 25 percent; and (II) with respect to borrowers who were graduate or professional students who received a Federal Direct PLUS Loan for enrollment at the institution, that was equal to or less than 45 percent and more than 40 percent. . 4. Effective date; applicability This Act and the amendments made by this Act shall— (1) take effect on the date that is 180 days after the date of enactment of this Act; and (2) apply to a petition filed or amended under this title on or after the effective date under paragraph (1) with respect to a debt for an educational benefit, overpayment, loan, scholarship, or stipend of a debtor.
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https://www.govinfo.gov/content/pkg/BILLS-117s2598is/xml/BILLS-117s2598is.xml
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117-s-2599
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II Calendar No. 113 117th CONGRESS 1st Session S. 2599 [Report No. 117–34] IN THE SENATE OF THE UNITED STATES August 4, 2021 Ms. Baldwin , from the Committee on Appropriations , reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I AGRICULTURAL PROGRAMS Processing, research, and marketing Office of the secretary (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary, $52,916,000, of which not to exceed $5,703,000 shall be available for the immediate Office of the Secretary; not to exceed $4,749,000 shall be available for the Office of Homeland Security; not to exceed $1,025,000 shall be available for the Office of Tribal Relations; not to exceed $6,044,000 shall be available for the Office of Partnerships and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5) ; not to exceed $23,431,000 shall be available for the Office of the Assistant Secretary for Administration, of which $21,782,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department: Provided , That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $4,480,000 shall be available for the Office of Assistant Secretary for Congressional Relations and Intergovernmental Affairs to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $7,484,000 shall be available for the Office of Communications: Provided further , That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further , That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further , That not to exceed $22,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further , That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558: Provided further , That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations and Intergovernmental Affairs may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further , That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further , That during any 30 day notification period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action that is subject to section 716 of this Act or make any public announcement of such action in any form. Executive operations OFFICE OF THE CHIEF ECONOMIST For necessary expenses of the Office of the Chief Economist, $25,499,000, of which $8,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155: Provided , That of the amounts made available under this heading, $500,000 shall be available to carry out section 224 of subtitle A of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6924 ), as amended by section 12504 of Public Law 115–334 . OFFICE OF HEARINGS AND APPEALS For necessary expenses of the Office of Hearings and Appeals, $16,173,000. OFFICE OF BUDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of Budget and Program Analysis, $12,310,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $84,746,000, of which not less than $69,672,000 is for cybersecurity requirements of the department. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $7,118,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $1,426,000: Provided , That funds made available by this Act to an agency in the Civil Rights mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Office of civil rights For necessary expenses of the Office of Civil Rights, $29,328,000. Agriculture buildings and facilities (INCLUDING TRANSFERS OF FUNDS) For payment of space rental and related costs pursuant to Public Law 92–313 , including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121 , for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $313,443,000, to remain available until expended. Hazardous materials management (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), $6,545,000, to remain available until expended: Provided , That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of safety, security, and protection For necessary expenses of the Office of Safety, Security, and Protection, $23,306,000. Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 ( Public Law 95–452 ; 5 U.S.C. App.), $106,309,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978 ( Public Law 95–452 ; 5 U.S.C. App.), and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to the Inspector General Act of 1978 ( Public Law 95–452 ; 5 U.S.C. App.) and section 1337 of the Agriculture and Food Act of 1981 ( Public Law 97–98 ). Office of the general counsel For necessary expenses of the Office of the General Counsel, $60,723,000. Office of ethics For necessary expenses of the Office of Ethics, $4,277,000. Office of the under secretary for research, education, and economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $1,327,000: Provided , That funds made available by this Act to an agency in the Research, Education, and Economics mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Economic research service For necessary expenses of the Economic Research Service, $90,794,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $191,662,000, of which up to $46,850,000 shall be available until expended for the Census of Agriculture: Provided , That amounts made available for the Census of Agriculture may be used to conduct Current Agricultural Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). Agricultural research service SALARIES AND EXPENSES For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,675,040,000: Provided , That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limited to $1,800,000, except for 10 buildings to be constructed or improved at a cost not to exceed $1,100,000 each, and except for four buildings to be constructed at a cost not to exceed $5,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further , That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement: Provided further , That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further , That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further , That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 ( 21 U.S.C. 113a ): Provided further , That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further , That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. BUILDINGS AND FACILITIES For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $45,405,000 to remain available until expended. National institute of food and agriculture RESEARCH AND EDUCATION ACTIVITIES For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $1,057,420,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Research and Education Activities in the report accompanying this Act: Provided , That funds for research grants for 1994 institutions, education grants for 1890 institutions, Hispanic serving institutions education grants, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further , That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further , That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further , That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further , That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority. NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND For the Native American Institutions Endowment Fund authorized by Public Law 103–382 ( 7 U.S.C. 301 note), $11,880,000, to remain available until expended. EXTENSION ACTIVITIES For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $559,400,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Extension Activities in the report accompanying this Act: Provided , That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further , That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further , That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93–471 shall be available for retirement and employees’ compensation costs for extension agents. INTEGRATED ACTIVITIES For the integrated research, education, and extension grants programs, including necessary administrative expenses, $40,000,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Integrated Activities in the report accompanying this Act: Provided , That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2023: Provided further , That notwithstanding any other provision of law, indirect costs shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program ( 7 U.S.C. 7626 ). Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $1,577,000: Provided , That funds made available by this Act to an agency in the Marketing and Regulatory Programs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Animal and plant health inspection service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 ), $1,122,116,000 of which up to $3,474,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements; of which $491,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds ( contingency fund ) to the extent necessary to meet emergency conditions; of which $14,725,000, to remain available until expended, shall be used for the cotton pests program, including for cost share purposes or for debt retirement for active eradication zones; of which $38,486,000, to remain available until expended, shall be for Animal Health Technical Services; of which $2,340,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended ( 15 U.S.C. 1831 ); of which $63,833,000, to remain available until expended, shall be used to support avian health; of which $4,251,000, to remain available until expended, shall be for information technology infrastructure; of which $210,342,000, to remain available until expended, shall be for specialty crop pests, of which $8,500,000, to remain available until September 30, 2023, shall be for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening; of which, $11,137,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $19,782,000, to remain available until expended, shall be for zoonotic disease management; of which $38,380,000, to remain available until expended, shall be for emergency preparedness and response; of which $61,217,000, to remain available until expended, shall be for tree and wood pests; of which $6,751,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided , That any of the funds described in the Congressionally Directed Spending table that the Secretary determines will not be obligated during the fiscal year shall not be subject to the direction provided in such table: Provided further , That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further , That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended; of which $24,307,000, to remain available until expended, shall be used to carry out the science program and transition activities for the National Bio and Agro-defense Facility located in Manhattan, Kansas: Provided further , That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further , That this appropriation shall be available for the purchase, replacement, operation, and maintenance of aircraft: Provided further , That in addition, in emergencies which threaten any segment of the agricultural production industry of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further , That appropriations hereunder shall be available pursuant to law ( 7 U.S.C. 2250 ) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2022, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. BUILDINGS AND FACILITIES For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 , and acquisition of land as authorized by 7 U.S.C. 2268a , $3,175,000, to remain available until expended. Agricultural marketing service MARKETING SERVICES For necessary expenses of the Agricultural Marketing Service, $231,063,000, of which $7,000,000 shall be available for the purposes of section 12306 of Public Law 113–79 : Provided , That of the amounts made available under this heading, $25,000,000, to remain available until expended, shall be to carry out section 12513 of Public Law 115–334 and shall result in an equal distribution of funds between only the three regional innovation initiatives that were funded in fiscal year 2020: Provided further , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law ( 31 U.S.C. 9701 ), except for the cost of activities relating to the development or maintenance of grain standards under the United States Grain Standards Act, 7 U.S.C. 71 et seq. LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $61,786,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided , That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32) (INCLUDING TRANSFERS OF FUNDS) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ); (2) transfers otherwise provided in this Act; and (3) not more than $20,705,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961 ( Public Law 87–128 ). PAYMENTS TO STATES AND POSSESSIONS For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) ), $4,000,000. LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided , That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $1,327,000: Provided , That funds made available by this Act to an agency in the Food Safety mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $10,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $1,153,064,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 138f ): Provided , That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further , That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2022 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act ( 7 U.S.C. 1901 et seq. ): Provided further , That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified by the amendments made in section 12106 of Public Law 113–79 : Provided further , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. II FARM PRODUCTION AND CONSERVATION PROGRAMS Office of the under secretary for farm production and conservation For necessary expenses of the Office of the Under Secretary for Farm Production and Conservation, $1,687,000: Provided , That funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Farm production and conservation business center SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Production and Conservation Business Center, $238,177,000: Provided , That $60,228,000 of amounts appropriated for the current fiscal year pursuant to section 1241(a) of the Farm Security and Rural Investment Act of 1985 ( 16 U.S.C. 3841(a) ) shall be transferred to and merged with this account. Farm service agency SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Service Agency, $1,178,324,000, of which not less than $15,000,000 shall be for the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers and shall be available until September 30, 2023: Provided , That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further , That the agency shall submit a report by the end of the fourth quarter of fiscal year 2022 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further , That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further , That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further , That funds made available to county committees shall remain available until expended: Provided further , That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further , That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress. STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 ), $7,000,000. GRASSROOTS SOURCE WATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 ), $6,500,000, to remain available until expended. DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided , That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 , 114 Stat. 1549A–12). Geographically disadvantaged farmers and ranchers For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under section 1621 of the Food Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792 ), $3,000,000, to remain available until expended. AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed farm ownership ( 7 U.S.C. 1922 et seq. ) and operating ( 7 U.S.C. 1941 et seq. ) loans, emergency loans ( 7 U.S.C. 1961 et seq. ), Indian tribe land acquisition loans ( 25 U.S.C. 5136 ), boll weevil loans ( 7 U.S.C. 1989 ), guaranteed conservation loans ( 7 U.S.C. 1924 et seq. ), relending program ( 7 U.S.C. 1936c ), and Indian highly fractionated land loans ( 25 U.S.C. 5136 ) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm ownership loans and $2,800,000,000 for farm ownership direct loans; $2,118,482,000 for unsubsidized guaranteed operating loans and $1,633,333,000 for direct operating loans; emergency loans, $37,668,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; relending program, $61,425,000; Indian highly fractionated land loans, $5,000,000; and for boll weevil eradication program loans, $60,000,000: Provided , That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $40,017,000 for direct farm operating loans, $16,524,000 for unsubsidized guaranteed farm operating loans, $267,000 for emergency loans, $5,000,000 for the relending program, and $407,000 for Indian highly fractionated land loans, to remain available until expended. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $314,772,000: Provided , That of this amount, $294,114,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses . Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided , That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk management agency SALARIES AND EXPENSES For necessary expenses of the Risk Management Agency, $67,700,000: Provided , That $1,000,000 of the amount appropriated under this heading in this Act shall be available for compliance and integrity activities required under section 516(b)(2)(C) of the Federal Crop Insurance Act of 1938 ( 7 U.S.C. 1516(b)(2)(C) ), and shall be in addition to amounts otherwise provided for such purpose: Provided further , That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i) . Natural resources conservation service CONSERVATION OPERATIONS For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 ( 7 U.S.C. 2268a ); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $937,964,000, to remain available until September 30, 2023, of which up to $19,611,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided , That any of the funds described in the Congressionally Directed Spending table that the Secretary determines will not be obligated during the fiscal year shall not be subject to the direction provided in such table: Provided further , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further , That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a: Provided further , That of the total amount available under this heading, $8,000,000 shall be for necessary expenses to carry out the Urban Agriculture and Innovative Production Program under section 222 of subtitle A of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6923 ), as amended by section 12302 of Public Law 115–334 : Provided further , That of the amounts made available under this heading, $15,000,000, to remain available until expended, may be provided, pursuant to section 3709(b) of title 16, United States Code, to the National Fish and Wildlife Foundation to establish a Working Land Resilience Program to collaborate with the Natural Resources Conservation Service to offer technical and financial assistance to farmers, ranchers, and non-industrial private forestland owners who will adopt voluntary practices that will restore and increase the resiliency of natural ecosystems to protect rural communities from future adverse weather events: Provided further , That projects funded pursuant to the preceding proviso will meet Natural Resources Conservation Service requirements for planning and practice implementation: Provided further , That funds for such projects shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further , That the Foundation may transfer Federal funds to a non-Federal recipient for such projects at the proportionate rate that the recipient obtains the non-Federal matching funds. WATERSHED AND FLOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with the provisions of laws relating to the activities of the Department, $198,275,000, to remain available until expended; of which up to $23,275,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided , That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures): Provided further , That of the amounts made available under this heading, $10,000,000 shall be allocated to projects and activities that can commence promptly following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 13 of the Flood Control Act of December 22, 1944 ( Public Law 78–534 ) with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion and sediment transport: Provided further , That of the amounts made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing watershed projects with a primary purpose of providing water to rural communities. WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $10,000,000 is provided. CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 ), such sums as may be necessary, to remain available until expended. Commodity credit corporation fund REIMBURSEMENT FOR NET REALIZED LOSSES (INCLUDING TRANSFERS OF FUNDS) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 ): Provided , That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $15,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) ), and section 6001 of the Solid Waste Disposal Act ( 42 U.S.C. 6961 ). III RURAL DEVELOPMENT PROGRAMS Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $1,580,000: Provided , That funds made available by this Act to an agency in the Rural Development mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Rural development SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for carrying out the administration and implementation of Rural Development programs, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $363,922,000: Provided , That of the amount made available under this heading, $32,000,000 shall be for the StrikeForce activities of the Department of Agriculture, and may be transferred to agencies of the Department for such purpose, consistent with the missions and authorities of such agencies: Provided further , That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support Rural Development programs: Provided further , That in addition to any other funds appropriated for purposes authorized by section 502(i) of the Housing Act of 1949 ( 42 U.S.C. 1472(i) ), any amounts collected under such section, as amended by this Act, will immediately be credited to this account and will remain available until expended for such purposes. Rural housing service RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,250,000,000 shall be for direct loans and $30,000,000,000 shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 housing repair loans; $92,000,000 for section 515 rental housing; $250,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $23,250,000 shall be for direct loans; section 504 housing repair loans, $484,000; section 523 self-help housing land development loans, $55,000; section 524 site development loans, $206,000; and repair, rehabilitation, and new construction of section 515 rental housing, $8,225,000: Provided , That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), and the interest on such loans may not be subsidized: Provided further , That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 ( 42 U.S.C. 1490q ) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further , That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2022: Provided further , That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following: allow such nonprofit entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner’s oversight of asset referred to as Asset Management Fee of up to $7,500 per property. In addition, for the cost of direct loans and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $32,000,000, to remain available until expended, for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided , That the Secretary shall, as part of the preservation and revitalization agreement, obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further , That any balances, including obligated balances, available for all demonstration programs for the preservation and revitalization of sections 514, 515, and 516 multi-family rental housing properties in the Multi-Family Housing Revitalization Program Account shall be transferred to and merged with this account, and shall also be available for the preservation and revitalization of sections 514, 515, and 516 multi-family rental housing properties, including the restructuring of existing USDA multi-family housing loans: Provided further , That following the transfer of balances described in the preceding proviso, any adjustments to obligations for demonstration programs for the preservation and revitalization of section 514, 515, and 516 multi-family rental housing properties that would otherwise be incurred in Multi-family Housing Revitalization Program Account shall be made in this account from amounts transferred to this account under the preceding proviso. In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1486), $12,831,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided , That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . RENTAL ASSISTANCE PROGRAM For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,450,000,000, of which $40,000,000 shall be available until September 30, 2023; and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided , That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further , That upon request by an owner of a project financed by an existing loan under section 514 or 515 of the Act, the Secretary may renew the rental assistance agreement for a period of 20 years or until the term of such loan has expired, subject to annual appropriations: Provided further , That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction, maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further , That rental assistance provided under agreements entered into prior to fiscal year 2022 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further , That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act: Provided further , That except as provided in the fourth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2022 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs. RURAL HOUSING VOUCHER ACCOUNT For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $45,000,000, to remain available until expended: Provided , That the funds made available under this heading shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid or otherwise paid off after September 30, 2005: Provided further , That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further , That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further , That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further , That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 ( 42 U.S.C. 1490c ), $32,000,000, to remain available until expended. RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 , and 1490m, $45,000,000, to remain available until expended. RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and $500,000,000 for guaranteed loans. For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $172,690,000, to remain available until expended, of which up to $83,690,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided , That $6,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further , That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further , That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further , That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further , That of the amount appropriated under this heading, $25,000,000 shall be available to cover the subsidy costs for loans or loan guarantees under this heading: Provided further , That if any such funds remain unobligated for the subsidy costs after June 30, 2022, the unobligated balance may be transferred to the grant programs funded under this heading: Provided further , That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year: Provided further , That no amounts may be made available pursuant to the preceding proviso from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That $10,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural business—cooperative service RURAL BUSINESS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $81,150,000, to remain available until expended: Provided , That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $9,000,000 shall be for grants to the Delta Regional Authority ( 7 U.S.C. 2009aa et seq. ), the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. ), and the Appalachian Regional Commission ( 40 U.S.C. 14101 et seq. ) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further , That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further , That of the amount appropriated under this heading, $5,000,000 shall be for the Rural Innovation Stronger Economy Grant Program ( 7 U.S.C. 2008w ): Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b ), $18,889,000. For the cost of direct loans, $1,524,000, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b ), of which $167,000 shall be available through June 30, 2022, for Federally Recognized Native American Tribes; and of which $305,000 shall be available through June 30, 2022, for Mississippi Delta Region counties (as determined in accordance with Public Law 100–460 ): Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT For the principal amount of direct loans, as authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $50,000,000. The cost of grants authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $10,000,000. RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 ), $26,800,000, of which $3,000,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided , That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $15,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 210A of the Agricultural Marketing Act of 1946, of which $3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107–171 . RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM For gross obligations for the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act (U.S.C. 2008s), $150,000,000. For the cost of grants, $6,000,000 under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s ). RURAL ENERGY FOR AMERICA PROGRAM For the cost of a program of loan guarantees and grants, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ), $22,168,000: Provided , That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. HEALTHY FOOD FINANCING INITIATIVE For the cost of loans and grants consistent with section 243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 ), as added by section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities, $6,000,000, to remain available until expended: Provided , That the cost of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. Rural utilities service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, as follows: $1,400,000,000 for direct loans; and $50,000,000 for guaranteed loans. For the cost of loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $665,702,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be available for the rural utilities program described in section 306E of such Act: Provided , That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section 306A(i)(2) of the Consolidated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act: Provided further , That $73,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act, and the Department of Hawaiian Homelands (of the State of Hawaii): Provided further , That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83 : Provided further , That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs: Provided further , That not to exceed $37,500,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $9,000,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further , That not to exceed $20,157,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further , That not to exceed $4,000,000 of the amounts made available under this heading shall be for solid waste management grants: Provided further , That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ): Provided further , That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The principal amount of direct and guaranteed loans as authorized by sections 4, 305, and 317 of the Rural Electrification Act of 1936 ( 7 U.S.C. 904 , 935, and 940g) shall be made as follows: loans made pursuant to sections 4(c)(2), 305(d)(2), and 317, notwithstanding 317(c), of that Act, rural direct electric loans, $6,500,000,000; guaranteed underwriting loans pursuant to section 313A of that Act, $750,000,000; 5 percent rural telecommunications loans and cost of money rural telecommunications loans, $690,000,000: Provided , That up to $2,000,000,000 shall be used for the construction, acquisition, design and engineering or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon subsurface utilization and storage systems. For the cost of direct loans as authorized by section 305(d)(2) of the Rural Electrification Act of 1936 ( 7 U.S.C. 935(d)(2) ), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $2,070,000. In addition, $11,500,000 to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107a ): Provided , That the energy efficiency measures supported by the funding in this paragraph shall contribute in a demonstrable way to the reduction of greenhouse gases. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. , $62,510,000, to remain available until expended, of which up to $2,510,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided , That $3,000,000 shall be made available for grants authorized by section 379G of the Consolidated Farm and Rural Development Act: Provided further , That funding provided under this heading for grants under section 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section. For the cost of broadband loans, as authorized by sections 601 and 602 of the Rural Electrification Act, $2,272,000, to remain available until expended: Provided , That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $37,500,000, to remain available until expended, for the Community Connect Grant Program authorized by 7 U.S.C. 950bb–3 . IV DOMESTIC FOOD PROGRAMS Office of the under secretary for food, nutrition, and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $1,327,000: Provided , That funds made available by this Act to an agency in the Food, Nutrition and Consumer Services mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food and nutrition service CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), except section 21, and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), except sections 17 and 21; $26,878,922,000 to remain available through September 30, 2023, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided , That of the total amount available, $20,004,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ): Provided further , That of the total amount available, $15,607,000 shall be available to carry out studies and evaluations and shall remain available until expended: Provided further , That of the total amount available, $35,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment, with a value of greater than $1,000, needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further , That of the total amount available, $45,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 ( Public Law 111–80 ): Provided further , That of the total amount available, $2,000,000 shall remain available until expended to carry out activities authorized under subsections (a)(2) and (e)(2) of Section 21 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b-1(a)(2) and (e)(2)): Provided further , That of the total amount available, $6,000,000 shall be available until September 30, 2023 to carry out section 23 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1793 ), of which $2,000,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, and American Samoa: Provided further , That section 26(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g(d) ) is amended in the first sentence by striking 2010 through 2022 and inserting 2010 through 2023 : Provided further , That section 9(h)(3) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(h)(3) ) is amended in the first sentence by striking For fiscal year 2021 and inserting For fiscal year 2022 : Provided further , That section 9(h)(4) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(h)(4) ) is amended in the first sentence by striking For fiscal year 2021 and inserting For fiscal year 2022 . SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $6,278,000,000, to remain available through September 30, 2023: Provided , That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(10) ), not less than $90,000,000 shall be used for breastfeeding peer counselors and other related activities, and $14,000,000 shall be used for infrastructure: Provided further , That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further , That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further , That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), $105,829,347,000, of which $3,000,000,000, to remain available through September 30, 2024, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided , That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further , That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further , That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further , That funds made available for Employment and Training under this heading shall remain available through September 30, 2023: Provided further , That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2023: Provided further , That none of the funds made available under this heading may be obligated or expended in contravention of section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183A ): Provided further , That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $447,070,000, to remain available through September 30, 2023: Provided , That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further , That notwithstanding any other provision of law, effective with funds made available in fiscal year 2021 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2023: Provided further , That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ), the Secretary may use up to 20 percent for costs associated with the distribution of commodities. NUTRITION PROGRAMS ADMINISTRATION For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $178,233,000: Provided , That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171 , as amended by section 4401 of Public Law 110–246 . V FOREIGN ASSISTANCE AND RELATED PROGRAMS Office of the under secretary for trade and foreign agricultural affairs For necessary expenses of the Office of the Under Secretary for Trade and Foreign Agricultural Affairs, $1,408,000: Provided , That funds made available by this Act to any agency in the Trade and Foreign Agricultural Affairs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. OFFICE OF CODEX ALIMENTARIUS For necessary expenses of the Office of Codex Alimentarius, $4,841,000, including not to exceed $40,000 for official reception and representation expenses. Foreign agricultural service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $229,644,000, of which no more than 6 percent shall remain available until September 30, 2023, for overseas operations to include the payment of locally employed staff, and of which $1,000,000 shall be available to carry out section 3307 of Public Law 115–334 : Provided , That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs ( 7 U.S.C. 1737 ) and the foreign assistance programs of the United States Agency for International Development: Provided further , That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. FOOD FOR PEACE TITLE II GRANTS For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act ( Public Law 83–480 ), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,760,000,000, to remain available until expended. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ), $245,000,000, to remain available until expended: Provided , That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein: Provided further , That of the amount made available under this heading, not more than 10 percent, but not less than $24,000,000, shall remain available until expended to purchase agricultural commodities as described in subsection 3107(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(a)(2) ). COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,063,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses . VI RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION Department of health and human services FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; in addition to amounts appropriated to the FDA Innovation Account, for carrying out the activities described in section 1002(b)(4) of the 21st Century Cures Act ( Public Law 114–255 ); for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188 ; $6,122,657,000: Provided , That of the amount provided under this heading, $1,141,861,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h , and shall be credited to this account and remain available until expended; $241,431,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j , and shall be credited to this account and remain available until expended; $527,848,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j–42 , and shall be credited to this account and remain available until expended; $43,116,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52 , and shall be credited to this account and remain available until expended; $33,836,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12 , and shall be credited to this account and remain available until expended; $23,137,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C. 379j–21 , and shall be credited to this account and remain available until expended; $712,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s , and shall be credited to this account and remain available until expended: Provided further , That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal year 2022 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further , That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and generic new animal drug assessments for fiscal year 2022, including any such fees collected prior to fiscal year 2022 but credited for fiscal year 2022, shall be subject to the fiscal year 2022 limitations: Provided further , That the Secretary may accept payment during fiscal year 2022 of user fees specified under this heading and authorized for fiscal year 2023, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2023 for which the Secretary accepts payment in fiscal year 2022 shall not be included in amounts under this heading: Provided further , That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further , That of the total amount appropriated: (1) $1,153,405,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs, of which no less than $15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2) $2,086,106,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $459,150,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $263,668,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $637,327,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $75,180,000 shall be for the National Center for Toxicological Research; (7) $680,812,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) $198,485,000 shall be for Rent and Related activities, of which $55,892,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) $235,348,000 shall be for payments to the General Services Administration for rent; and (10) $333,176,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Food Policy and Response, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further , That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further , That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379dd(n) ) shall only be from amounts made available under this heading for other activities: Provided further , That of the amounts that are made available under this heading for other activities , and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for Department of Health and Human Services—Office of Inspector General for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further , That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b , export certification user fees authorized by 21 U.S.C. 381 , priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31 , outsourcing facility fees authorized by 21 U.S.C. 379j–62 , prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3) , third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1) , third-party auditor fees authorized by 21 U.S.C. 384d(c)(8) , medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited to this account, to remain available until expended. BUILDINGS AND FACILITIES For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $ 15,288,000, to remain available until expended. FDA INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading Salaries and Expenses , $50,000,000, to remain available until expended: Provided , That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for Department of Health and Human Services Food and Drug Administration Salaries and Expenses solely for the purposes provided in such Act: Provided further , That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account: Provided further , That such transfer authority is in addition to any other transfer authority provided by law. INDEPENDENT AGENCY Farm credit administration LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $84,200,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided , That this limitation shall not apply to expenses associated with receiverships: Provided further , That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further , That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 ( 12 U.S.C. 2128(b)(2)(A)(i) ), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans described in the clause guaranteed or insured in a manner other than described in subclause (II) of the clause. VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2022 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided , That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further , That the Secretary may not increase the Department of Agriculture's fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative, information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided , That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further , That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further , That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further , That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Officer shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further , That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further , That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further , That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further , That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided , That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That, notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further , That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113–235 . 707. Funds made available under section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 708. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act. 709. (a) Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2023, for information technology expenses. (b) Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30, 2023, for information technology expenses. 710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 711. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 ) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 712. Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 713. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 714. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 ( 7 U.S.C. 612c–6 ; in this section referred to as section 14222 ), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ; in this section referred to as section 32 ) in excess of $1,391,211,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$485,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000; Administration of Section 32 Commodity Purchases—$38,810,000: Provided , That of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2022, such unobligated balances shall carryover into fiscal year 2023 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further , That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32. 715. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2023 appropriations Act. 716. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for— (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes. (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) ), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. 718. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee. 719. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 720. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 721. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the report accompanying this Act. 722. Of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $514,660,000 are hereby rescinded: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 723. For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. 724. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided , That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. 725. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 ( 7 U.S.C. 2235a ; Public Law 107–76 ) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided , That the refunds or rebates so transferred shall be available for obligation only for the acquisition of property, plant and equipment, including equipment for the improvement, delivery, and implementation of Department financial management, information technology, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture. 726. None of the funds made available by this Act may be used to implement, administer, or enforce the variety requirements of the final rule entitled Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term variety as de fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and variety as applied in the definition of the term staple food as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided , That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 ( Public Law 113–79 ). 727. In carrying out subsection (h) of section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act ( 42 U.S.C. 1490p–2 ) with respect to loans guaranteed under such section 538 and eligible lenders for such loans. 728. None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act. 729. None of the funds made available by this or any other Act may be used to carry out the final rule promulgated by the Food and Drug Administration and put into effect November 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process. 730. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution. 731. (a) The Secretary of Agriculture shall— (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable— (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1). (b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements. 732. None of the funds made available by this Act may be used to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act. 733. None of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ), or the renewal of such licenses, to class B dealers who sell dogs and cats for use in research, experiments, teaching, or testing. 734. (a) (1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926 et seq. ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the Secretary ) or the designee of the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for Rural Utilities Service—Rural Water and Waste Disposal Program Account for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms United States and State shall include each of the several States, the District of Columbia, and each federally recognized Indian tribe. 735. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 . 736. Of the total amounts made available by this Act for direct loans and grants and in the following headings: Rural Housing Service—Rural Housing Insurance Fund Program Account ; Rural Housing Service—Mutual and Self-Help Housing Grants ; Rural Housing Service—Rural Housing Assistance Grants ; Rural Housing Service—Rural Community Facilities Program Account ; Rural Business-Cooperative Service—Rural Business Program Account ; Rural Business-Cooperative Service—Rural Economic Development Loans Program Account ; Rural Business-Cooperative Service—Rural Cooperative Development Grants ; Rural Utilities Service—Rural Water and Waste Disposal Program Account ; Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account ; and Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program , to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided , That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further , That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level. 737. In addition to any other funds made available in this Act or any other Act, there is appropriated $17,000,000 to carry out section 18(g)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g) ), to remain available until expended, of which $5,000,000 shall be used to establish a National Farm to School Institute to provide technical and practical assistance to Farm to School programs across the country and shall be located at Shelburne Farms in Shelburne, VT: Provided , That notwithstanding section 18(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769 (g)(3)(c)), the total grant amount provided to a farm to school grant recipient in fiscal year 2022 shall not exceed $500,000. 738. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds. 739. There is hereby appropriated $5,000,000, to remain available until September 30, 2023, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. 740. For school years 2021–2022 and 2022–2023, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). 741. None of the funds made available by this Act or any other Act may be used— (1) in contravention of section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 ), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or (2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014 or Subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated. 742. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) or section 351(a)(3) of the Public Health Service Act ( 42 U.S.C. 262(a)(3) ) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect. 743. In addition to amounts otherwise made available for Agricultural Research Service, Buildings and Facilities , there is hereby appropriated $39,700,000 for construction and other costs to establish a Plant Germplasm Research Facility located at the University of Wisconsin-Madison, Madison, WI. 744. Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2022, and following the review required under Executive Order No. 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review), issue advice revising the advice provided in the notice of availability entitled Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with nutrition science recognized by the Food and Drug Administration on the net effects of seafood consumption. 745. The Secretary of Agriculture may waive the matching funds requirement under Section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(g) ). 746. There is hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary. 747. There is hereby appropriated $3,000,000, to carry out section 4208 of Public Law 115–334 , including for project locations in additional regions and timely completion of required reporting to Congress. 748. There is hereby appropriated $5,000,000 to carry out section 12301 of Public Law 115–334 . 749. There is hereby appropriated $3,000,000, to carry out section 4003(b) of Public Law 115–334 relating to demonstration projects for Tribal Organizations. 750. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310 , there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act ( 16 U.S.C. 1301–1311 ). 751. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2022, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. 752. Hereafter, in response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health. 753. There is hereby appropriated $5,000,000, to remain available until expended, to carry out section 2103 of Public Law 115–334 : Provided , That the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests. 754. Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words genetically engineered prior to the existing acceptable market name. 755. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3851(a)(1) ), notwithstanding subsection (c) of such section. 756. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the Child and Adult Care Food Program under section 17 of such Act ( 42 U.S.C. 1766 ), the Summer Food Service Program for Children under section 13 of such Act ( 42 U.S.C. 1761 ), or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). 757. For school year 2022–2023, only a school food authority that had a negative balance in the nonprofit school food service account as of December 31, 2020, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(p) ). 758. (a) There is hereby appropriated $650,000,000, to remain available until expended, for an additional amount for section 779 of Public Law 115–141 . (b) Section 313(b) of the Rural Electrification Act of 1936, as amended ( 7 U.S.C. 940c(b) ), shall be applied for fiscal year 2022 and each fiscal year thereafter until the specified funding has been expended as if the following were inserted after the final period in subsection (b)(2): In addition, the Secretary shall use $425,000,000 of funds available in this subaccount in fiscal year 2019 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141 , shall use $255,000,000 of funds available in this subaccount in fiscal year 2020 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141 , shall use $104,000,000 of funds available in this subaccount in fiscal year 2021 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141 , and shall use $50,000,000 of funds available in this subaccount in fiscal year 2022 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141 . : Provided , That any use of such funds shall be treated as a reprogramming of funds under section 716 of this Act. (c) Section 775(b) of division A of Public Law 116–260 shall no longer apply. 759. There is hereby appropriated $400,000 to carry out section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public Law 115–334 . 760. Section 7605(b) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 5940 note; Public Law 115–334 ) is amended by striking January 1, 2022 and inserting January 1, 2023. . 761. Section 9(i)(2) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018(i)(2) ) is amended by striking December 31, 2021 and inserting December 31, 2022 . 762. There is hereby appropriated $1,000,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 89). 763. (a) For the period beginning on the date of enactment of this Act through school year 2022-2023, with respect to the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program established under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.), the Secretary of Agriculture shall allow States to grant an exemption from the whole grain requirements that took effect on or after July 1, 2014, and the States shall establish a process for evaluating and responding, in a reasonable amount of time, to requests for an exemption: Provided , That school food authorities demonstrate hardship, including financial hardship, in procuring specific whole grain products which are acceptable to the students and compliant with the whole grain-rich requirements: Provided further , That school food authorities shall comply with the applicable grain component or standard with respect to the school lunch or school breakfast program that was in effect prior to July 1, 2014. (b) For the period beginning on the date of enactment of this Act through school year 2022-2023, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to implement any regulations under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), the Healthy, Hunger-Free Kids Act of 2010 ( Public Law 111–296 ), or any other law that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below Target 1 (as described in section 220.8(f)(3) of title 7, Code of Federal Regulations (or successor regulations)). (c) For the period beginning on the date of enactment of this Act through school year 2022-2023, notwithstanding any other provision of law, the Secretary shall allow States to grant special exemptions for the service of flavored, low-fat fluid milk in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the school breakfast program established under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), and as a competitive food available on campus during the school day, to schools which demonstrate a reduction in student milk consumption or an increase in school milk waste. 764. None of the funds made available by this or any other act may be used to restrict the offering of low-fat (1 percent fat) flavored milk in the National School Lunch Program or School Breakfast Program, as long as such milk is not inconsistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990. 765. In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are Areas Rural in Character : Provided , That not more than 10 percent of the funds made available by section 758 may be used for this purpose. 766. There is hereby appropriated $24,525,000 for the Goodfellow Federal facility, to remain available until expended, of which $12,000,000 shall be transferred to and merged with the appropriation for Office of the Chief Information Officer and of which $12,525,000 shall be transferred to and merged with the appropriation for Food Safety and Inspection Service . 767. (a) There is hereby appropriated $3,000,000, to remain available until expended, for a pilot program for the Animal and Plant Health Inspection Service to provide grants to State departments of agriculture and forestry commissions in states identified in the final environmental assessment published in the Federal Register on September 23, 2020 (85 Fed. Reg. 59735), to combat and treat cogongrass through established cogongrass control programs. (b) Not to exceed 2 percent of the funds provided under this section shall be available for necessary costs of grant administration. 768. Section 764(d)(3)(B) of division N of Public Law 116–260 is amended by inserting and fiscal year 2022 after fiscal year 2021 and before the final period. 769. Section 6402(f) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1632b(f) ) is amended in the matter preceding paragraph (1) by striking section 210A(d)(2) and inserting section 210A(d)(5)(D) . 770. For an additional amount for the Office of the Secretary, $30,000,000, to remain available until expended, to establish an Institute for Rural Partnerships: Provided , That the Secretary shall establish a grant program and distribute the funds to three geographically diverse established land-grant universities: Provided further , That the Institute for Rural Partnerships shall dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges: Provided further , That administrative or other fees shall not exceed one percent: Provided further , That such partnership shall coordinate and publish an annual report. 771. There is hereby appropriated $1,000,000, to remain available until September 30, 2023, for a Cattle Contracts Library pilot program that the Agricultural Marketing Service shall develop and maintain. This program shall be similar, as determined by the Secretary, to the swine contract library the U.S. Department of Agriculture currently maintains pursuant to section 222 of the Packers and Stockyards Act ( 7 U.S.C. 198a ). The promulgation of the regulations and administration of this section shall be made without regard to: (1) the notice and comment provisions of section 553 of title 5; and (2) chapter 35 of title 44 (commonly known as the Paperwork Reduction Act ). 772. There is hereby appropriated $10,000,000, to remain available until expended, for costs associated with the establishment of an Institute of Rural Partnership, located at the University of Vermont, Burlington, VT. 773. For an additional amount for the Office of the Secretary , $7,030,000,000, which shall remain available until December 31, 2023, for necessary expenses related to losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2020 and 2021, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, winter storms, smoke exposure, quality losses of crops, and excessive moisture occurring in calendar years 2020 and 2021 under such terms and conditions as determined by the Secretary: Provided , That losses due to drought shall only be eligible under this section if any area within the county in which the loss occurs was rated by the U.S. Drought Monitor as having a D3 (Extreme Drought) or higher level of drought intensity during the applicable calendar years: Provided further , That of the amounts provided in this section, the Secretary shall use $750,000,000 to provide assistance to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2021 due to drought or wildfires: Provided further , That at the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ) or a cooperative processor of dairy, the Secretary shall make payments for losses in 2021 to such processors (to be paid to producer members, as determined by such processors) in lieu of payments to producers and under the same terms and conditions as payments made to processors pursuant to Title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 ( Public Law 116–20 ) under the heading Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary , as last amended by section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided further , That notwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in the preceding proviso does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under this section: Provided further , That of the amounts provided in this section, not more than $20,000,000 may be used for administrative costs to carry out this section: Provided further , That the total amount of payments received under this section and applicable policies of crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) or the Noninsured Crop Disaster Assistance Program (NAP) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) shall not exceed 90 percent of the loss as determined by the Secretary: Provided further , That the total amount of payments received under this section for producers who did not obtain a policy or plan of insurance for an insurable commodity for the applicable crop year under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses or did not file the required paperwork and pay the service fee by the applicable State filing deadline for a noninsurable commodity for the applicable crop year under NAP for the crop incurring the losses shall not exceed 70 percent of the loss as determined by the Secretary: Provided further , That producers receiving payments under this section, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years and producers receiving payments under this section shall be required to purchase coverage under NAP where crop insurance is not available in the next two available crop years, as determined by the Secretary: Provided further , That not later than 120 days after the end of fiscal year 2021, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. 774. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel— (1) to inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 ); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 note; Public Law 104–127 ); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation). 775. Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. §451 et seq., the Federal Meat Inspection Act, 21 U.S.C. §601 et seq, and the Egg Products Inspection Act, 21 U.S.C. §1031 et seq., for the cost of inspection services provided outside of an establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided , That any sums charged pursuant to this paragraph shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 (Pubic Law 117–2, 135 Stat. 242): Provided further , That sums received by the Secretary under this paragraph shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS inspections. 776. There is hereby appropriated $1,000,000, to remain available until expended: Provided , That funds provided under this section shall be for grants to the Southwest Border Regional Commission ( 40 U.S.C. 15301 et seq. ) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses. This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022 .
August 4, 2021 Read twice and placed on the calendar
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117-s-2600
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II 117th CONGRESS 1st Session S. 2600 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Booker (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Refund to Rainy Day Savings Program.
1. Short title This Act may be cited as the Refund to Rainy Day Savings Act . 2. Findings Congress finds the following: (1) Approximately 15,000,000 households file tax returns each year with the Internal Revenue Service. (2) For millions of Americans with low or moderate levels of income, their tax refund is the single largest source of income for the entire year. (3) Financial insecurity extends far up the income spectrum, as too few Americans have sufficient financial savings, and 1 in every 3 Americans has no financial savings at all. (4) Forty percent of American families do not have enough liquidity to pay for a $400 rainy day expense, and 40 percent of Americans are liquid asset poor, with emergency savings that are too small to cover basic needs in the event of a surprise expense or reduction in income. 3. Refund to Rainy Day Savings Program (a) In general Not later than December 31, 2021, the Secretary of the Treasury or the Secretary's delegate (referred to in this section as the Secretary ) shall establish and implement a program (referred to in this section as the Refund to Rainy Day Savings Program ) to allow participating taxpayers, pursuant to the requirements established under this section, to defer payment on 20 percent of the amount which would otherwise be refunded to such taxpayer as an overpayment (as described in section 6401 of the Internal Revenue Code of 1986). (b) Period of deferral Except as provided under subsection (c)(5), a participating taxpayer may elect to defer payment of the amount described in subsection (a) and have such amount deposited in the Rainy Day Fund (as described in subsection (c)). (c) Rainy Day Fund (1) In general The Secretary shall establish a fund, in such manner as the Secretary determines to be appropriate, to be known as the Rainy Day Fund , consisting of any amounts described in subsection (a) on which payment has been deferred by participating taxpayers. (2) Investment Any amounts deposited in the Rainy Day Fund shall be invested by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, in United States Treasury bills issued under chapter 31 of title 31, United States Code, with maturities suitable for the needs of the Fund and selected so as to provide the highest return on investment for participating taxpayers. (3) Disbursements from fund (A) In general On the date that is 180 days after receipt of the individual income tax return of a participating taxpayer, the amounts in the Rainy Day Fund shall be made available to the Secretary to distribute to such taxpayer in an amount equal to the amount deferred by such taxpayer under subsection (a) and any interest accrued on such amount (as determined under paragraph (4)). (B) Distributed to bank account The amounts described in subparagraph (A) shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3). (4) Interest accrued The amount of interest accrued on the amount deferred by a participating taxpayer under subsection (a) shall be determined by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, based upon the return on the investment of such amounts under paragraph (2). (5) Early withdrawal (A) In general On any date during the period between the date which is 30 days after receipt by the Secretary of the individual income tax return of the participating taxpayer and October 15 of the applicable year, such taxpayer may elect to terminate the deferral of the amount described under subsection (a) and receive a distribution from the Rainy Day Fund equal to such amount and any interest which has accrued on such amount up to that date. (B) Complete withdrawal A participating taxpayer making an election under subparagraph (A) must terminate deferral of the full amount described under subsection (a), and such amount shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3). (d) Participating taxpayer For purposes of this section, the term participating taxpayer means a taxpayer who— (1) has not requested or received an extension of the time for payment of taxes for such taxable year under section 6161 of the Internal Revenue Code of 1986, (2) prior to the due date for filing the return of tax for such taxable year, elects to participate in the Refund to Rainy Day Savings Program, and (3) provides the Secretary with a bank account number and any other financial information deemed necessary by the Secretary for purposes of paragraphs (3)(B) and (5)(B) of subsection (c). (e) Forms The Secretary shall ensure that the election to defer payment of the amount described in subsection (a) may be claimed on Forms 1040, 1040A, and 1040EZ. (f) Implementation (1) Educational materials and outreach The Secretary shall— (A) design educational materials for taxpayers regarding financial savings and the Refund to Rainy Day Savings Program, (B) publicly disseminate and distribute such materials during the first calendar quarter of each calendar year and following disbursement of amounts described in subsection (c)(3), and (C) engage in outreach regarding the Refund to Rainy Day Savings Program to the Volunteer Income Tax Assistance program and paid tax preparers. (2) Information for participating taxpayers The Secretary shall ensure that a participating taxpayer is able to electronically verify the status of the amount deferred by such taxpayer under subsection (a), including any interest accrued on such amount and the status of any distribution. (3) Federally funded benefits Any amounts described in subsection (a) which are distributed to a participating taxpayer, including any interest accrued on such amount, shall be treated in the same manner as any refund made to such taxpayer under section 32 of the Internal Revenue Code of 1986 for purposes of determining the eligibility of such taxpayer for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. 4. Assets for Independence Innovation Demonstration Projects (a) Reauthorization The Assets for Independence Act ( 42 U.S.C. 604 note) is amended— (1) in section 416, by inserting , and, subject to section 417, $25,000,000 for each of fiscal years 2021, 2022, 2023, 2024, and 2025 to remain available until expended. ; and (2) by adding at the end the following new section: 417. Reservation of funds (a) In general Subject to subsections (b) and (c), from the funds appropriated for each of fiscal years 2021, 2022, 2023, 2024, and 2025 under section 416, the Secretary shall reserve— (1) $3,000,000 for general research and evaluation; and (2) any amounts remaining after application of paragraph (1) to fund AFI innovation demonstration projects under section 418. (b) Pilot program funding From the amounts reserved under subsection (a) for each of fiscal years 2021, 2022, and 2023, the Secretary shall make available for operating the pilot program established under section 5 of the Refund to Rainy Day Savings Act — (1) 50 percent of the amount reserved for the relevant fiscal year under paragraph (1) of subsection (a) (after any adjustment under subsection (c)); and (2) 25 percent of the amount reserved for the relevant fiscal year under paragraph (2) of subsection (a) (after any adjustment under subsection (c)). (c) Proportional adjustment In any of fiscal years 2021, 2022, 2023, 2024, and 2025, if the amount appropriated for such fiscal year is greater or less than the amount authorized for such fiscal year under section 416, the amounts reserved under subsection (a) shall be increased or decreased for such fiscal year so that each such amount bears the same proportion to the amount appropriated as each of the amounts reserved under such subsection bears to the amount authorized. . (b) Establishment of Innovation Program The Assets for Independence Act ( 42 U.S.C. 604 note), as amended by subsection (a), is further amended by adding at the end the following new section: 418. AFI Innovation Projects (a) In general The Secretary is authorized to make grants to qualified entities to conduct AFI innovation projects under this section. (b) Definitions For purposes of this section: (1) AFI innovation project The term AFI innovation project means a demonstration project carried out by a qualified entity under this section. (2) Innovation development account The term innovation development account means an account that is established in a federally insured financial institution or a State insured financial institution and meets such other requirements as are established by the Secretary. (c) Application (1) Criteria and preferences (A) In general Subject to subparagraph (B), in considering an application to conduct an AFI innovation project, the Secretary shall apply subsections (c) and (d) of section 405 to the application in the same manner that such subsections apply to an application to conduct a demonstration project under section 405. (B) Modification For purposes of this paragraph, paragraph (1) of section 405(c) shall be applied without regard to the phrase through activities requiring one or more qualified expenses . (2) Approval of AFI innovation projects Not later than 12 months after the date of the enactment of this section, the Secretary shall, on a competitive basis, approve such applications to conduct AFI innovation projects as the Secretary considers to be appropriate, taking into account the considerations required by paragraph (1). The Secretary shall ensure, to the maximum extent practicable, that the applications that are approved involve a range of communities (both rural and urban) and diverse populations. (d) Project duration and grant amount (1) Duration The Secretary shall award grants under this section for a period not to exceed 5 project years. (2) Grant amount For each project year of an AFI innovation project approved under this section, the Secretary may make a grant to the qualified entity authorized to conduct the project. In making such a grant, the Secretary shall make the grant on the first day of the project year in an amount not to exceed the lesser of— (A) the aggregate amount of funds committed as matching contributions from non-Federal public or private sector sources; or (B) $1,000,000. (e) Eligibility and selection of individuals To participate in an AFI innovation project (1) Eligibility criteria Subject to the approval of the Secretary, each qualified entity conducting an AFI innovation project shall establish eligibility requirements for participants in the project. Such requirements shall— (A) be more expansive than the requirements established under section 408; and (B) ensure that eligibility is limited to low-income individuals. (2) Selection of individuals to participate Each qualified entity conducting an AFI innovation project shall select, from among the individuals that meet the eligibility requirements established by the entity under paragraph (1), the individuals— (A) that the qualified entity determines to be best suited to participate; and (B) to whom the qualified entity will make disbursements or deposits in accordance with subsection (f). (f) Disbursements by qualified entities (1) In general Each qualified entity conducting an AFI innovation project shall, in a manner consistent with the program requirements established by such entity, disburse to a third-party or deposit into the innovation development account of each individual participating in the project from the funds described in subsection (d)(2), a matching contribution of not less than $0.50 and not more than $8 for every $1 deposited in the account by a project participant. (2) Limitation on disbursements for an individual Not more than $5,000 from a grant made under subsection (d)(1) shall be provided to any one individual over the course of the AFI innovation project. (3) Limitation on disbursements for a household Not more than $10,000 from a grant made under subsection (d)(1) shall be provided to any one household over the course of the AFI innovation project. (4) Adjustment for inflation (A) In general For each calendar year after 2021, the dollar amounts in paragraphs (2) and (3) shall be increased by an amount equal to the product of— (i) such dollar amount, and (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 (as in effect on December 1, 2017) for the calendar year, determined by substituting calendar year 2019 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. . (c) Conforming amendments The Assets for Independence Act ( 42 U.S.C. 604 note), as amended by subsections (a) and (b), is further amended— (1) in section 404(2), by inserting or section 418 before the period; (2) in section 406— (A) in subsection (a), by striking to conduct a demonstration project under this title and inserting under section 405 ; and (B) in subsection (b), by striking conducted under this title and inserting approved under section 405 ; (3) in section 407— (A) in subsection (c)— (i) in paragraph (1)— (I) in subparagraph (A), by inserting or, in the case of a participant in a project conducted under section 418, other permitted expenses after qualified expenses ; and (II) in subparagraph (B), by inserting or subsection (f) of section 418 after section 410 ; and (ii) in paragraph (3), by inserting or section 418(d)(1) ; and (B) in subsection (d)(2)(A), by inserting or section 418(d)(1) after section 406(b) ; (4) in section 408, by striking conducted under this title each place it appears and inserting approved under section 405 ; (5) in section 409, by striking conducted under this title and inserting approved under section 405 ; (6) in section 410, by striking under this title and inserting conducting a demonstration project approved under section 405 ; (7) in section 413(a), by inserting or section 418(c) after under section 405 ; and (8) in section 415, by inserting or innovation development account after individual development account . 5. Matched Refund to Rainy Day Savings Pilot Program (a) In general Not later than 6 months after the date of the enactment of this Act and using the funds made available pursuant to section 417(b) of the Assets for Independence Act, the Secretary of Health and Human Services, acting through the Director of Community Services (in this section referred to as the Secretary ), shall establish under this section a matched savings account pilot program to encourage saving by eligible individuals. Under the pilot program, a qualified entity may apply to the Secretary for a grant to conduct a pilot project described in subsection (b) (in this section referred to as a pilot project ). The pilot program shall operate for a period of 3 years. (b) Pilot project described (1) In general A pilot project is a project in which a qualified entity establishes a matched savings program that meets the requirements of paragraph (2) for eligible individuals who are selected by the entity to participate in the program. (2) Requirements (A) Deposits into direct deposit accounts (i) In general A matched savings program established as part of a pilot project shall match amounts saved by each eligible individual participating in the pilot project, with such match amount to be equal to or less than the amount of any payment deferred by such individual under the Refund to Rainy Day Savings Program established in section 3(a). (ii) Timing Any amount described in clause (i) shall not be distributed to an eligible individual until the amounts described in paragraphs (3)(B) or (5)(B) of section 3(c) have been distributed to the bank account identified by such individual. (B) Evaluation of program by independent research organization (i) In general From amounts made available under section 417(b)(2) of the Assets for Independence Act, as added by section 4(a)(2) of this Act, the Secretary shall enter into a contract with an independent research organization for purposes of evaluating pilot projects conducted under this section. (ii) Coordination Each qualified entity that establishes a matched savings program as part of a pilot project shall collaborate with the independent research organization described in clause (i) to evaluate the outcomes and impact of the project. (iii) Impact on different groups The evaluation described in clause (i) shall include an examination of the demographic characteristics of the individuals participating in the pilot project, such as gender, race, age, geographic location, and family makeup, and how the impacts of the project vary among different demographic groups. (iv) Program features The program features to be evaluated through the pilot projects conducted under this section may include— (I) different levels of matching contributions by qualified entities; (II) lock-out periods during which an eligible individual may not make withdrawals from their account; and (III) educational materials intended to promote savings. (3) Duration A pilot project shall be for a duration of not more than 3 years. (4) Federally funded benefits Any amounts described in paragraph (2)(A) which are distributed to an eligible individual shall be treated in the same manner as any refund made to such taxpayer under section 32 of the Internal Revenue Code of 1986 for purposes of determining the eligibility of such taxpayer for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. (c) Strategic communications plan The Secretary shall devise a strategic communications plan to ensure a strong pilot program. (d) Annual report to Congress The Secretary shall submit an annual report to Congress on the progress and outcomes of the pilot program established under this section. (e) Definitions In this section: (1) Eligible individual The term eligible individual means an individual who— (A) has deferred payment of the amount described in section 3(a) under the Refund to Rainy Day Savings Program established in such section, and (B) meets the eligibility requirements under section 408 of the Assets for Independence Act, except that subsection (a)(2) of such section shall not apply. (2) Qualified entity (A) In general The term qualified entity means— (i) one or more not-for-profit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (ii) a State or local government agency, or a tribal government, submitting an application to conduct a pilot project jointly with an organization described in clause (i); (iii) a site that offers free tax help to individuals who qualify through the Internal Revenue Service's Voluntary Income Tax Assistance or Tax Counseling for the Elderly programs; or (iv) an entity that— (I) is— (aa) a credit union designated as a low-income credit union by the National Credit Union Administration; or (bb) an organization designated as a community development financial institution by the Secretary of the Treasury (or the Community Development Financial Institutions Fund); and (II) can demonstrate a collaborative relationship with a local community-based organization whose activities are designed to address poverty in the community and the needs of community members for economic independence and stability. (v) Rule of construction Nothing in this paragraph shall be construed as preventing an organization described in subparagraph (A)(i) from collaborating with a financial institution or for-profit community development corporation to carry out the purposes of this section.
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117-s-2601
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II 117th CONGRESS 1st Session S. 2601 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Booker (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow employers to offer short-term savings accounts with automatic contribution arrangements for financial emergencies.
1. Short title This Act may be cited as the Strengthening Financial Security Through Short-Term Savings Accounts Act of 2021 . 2. Purpose The purpose of this Act is to improve financial security, facilitate convenient and affordable access to all types of employer sponsored short-term savings accounts, reduce leakage, and complement overall retirement savings. 3. Stand-alone short-term savings accounts (a) In general An employer may make available to employees a stand-alone, short-term savings account, using an automatic contribution arrangement (as defined in section 514(e)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(e)(2) )) in accordance with this Act. An employer that offers employees a short-term savings account shall deduct amounts from each participating employee's wages in accordance with subsection (e) and transfer such amounts to a savings account that meets the requirements of subsection (b). (b) Account requirements (1) In general A short-term savings account offered in accordance with subsection (a) shall— (A) have no minimum balance requirements, reasonable fees as determined by a joint rulemaking by the Secretary of Labor and the Secretary of the Treasury, in consultation with other financial regulators, and a maximum account balance of not to exceed $10,000, adjusted annually for inflation and by the Secretary of the Treasury; (B) have a balance that is made readily available, in whole or in part, at any time to an individual who owns the account, subject to any reasonable, limited restrictions imposed on withdrawals pursuant to the terms of the arrangement; and (C) make available to the individual who owns the account, not later than 5 business days after the individual terminates employment, the entire account balance. An employer may structure and adapt such short-term savings account to assist employees with short-term financial emergencies, so long as such savings accounts meet the minimum standards set forth in this Act. (2) Coordination An employer may coordinate with a bank, credit union, or payroll card provider that is licensed by the Federal Government or a State government offering a short-term savings account under subsection (a), including— (A) an FDIC insured pooled account that the employer opens in the name of the employer for which the employer maintains responsibility, subject to reasonable fees as defined in section 1022.380 of title 31, Code of Federal Regulations, and New Opinion No. 8 of the General Counsel of the Federal Deposit Insurance Corporation (73 Fed. Reg. 67155 (November 13, 2008)), a variation of a savings account for a short-term savings account offered under subsection (a); and (B) an individual account opened in the name of the employee for which the employee maintains responsibility. (3) Regulations The Secretary of the Treasury, in consultation with the Secretary of Labor, shall promulgate regulations carrying out this subsection. Such regulations shall address the responsibility of employers to establish and maintain reasonable claims procedures, any associated penalties for failure to comply with this Act, the timing and notice of benefit determination, how the funds must be invested and minimum interest requirements, and the manner and content of benefit determination, rights of participants in these accounts, among other things as they determine are necessary. (4) Applicability Notwithstanding any other provision of law, an employer may designate an account for direct deposit for a short-term savings account offered under subsection (a). (c) Account sponsor requirements Employers— (1) shall have a fiduciary responsibility to ensure that— (A) any account offered in accordance with subsection (a) meets the requirements of subsection (b); (B) relevant information about participating employees is submitted safely and securely to the insured depository institution or insured credit union; (C) amounts are properly deducted from employees’ wages and transferred to the financial institution on behalf of the employees in accordance with subsection (f); (D) employees have clear instructions and an easy means to make changes to contributions or stop them entirely at any time; and (E) employees have clear guidance on how they may access their money and how quickly they will receive their money upon request; and (2) have no other fiduciary responsibility beyond the responsibilities described in paragraph (1). (d) Applicability of banking laws (1) In general Except as provided in paragraph (2), Federal banking laws (including regulations) shall apply to short-term savings accounts as if the short-term savings accounts were savings accounts. (2) Know your customer laws Notwithstanding any other provision of law, a bank, credit union, or payroll card provider offering a short-term savings account under subsection (a) shall be treated as if it were an ERISA plan, for purposes of rules relating to Anti-Money Laundering, Customer Identification Program (CIP), Suspicious Activity Report (SAR) requirements, or any other rules required to establish the identity of the account holder before an account for a short-term savings account is opened in accordance with this Act. The Secretary may prescribe regulations which would establish minimum standards that such an arrangement would be required to satisfy in order for this subsection to apply with respect to such an account. (e) Preemption of State anti-Garnishment laws Notwithstanding any other provision of law, this section shall supersede any law of a State which would directly or indirectly prohibit or restrict the use an automatic contribution arrangement for a short-term savings account, as if it were an ERISA plan. The Secretary may prescribe regulations which would establish minimum standards that such an arrangement would be required to satisfy in order for this subsection to apply with respect to such an account. (f) Transfers to accounts The account sponsor shall transfer each pay period— (1) to the short-term savings account an amount equal to the percentage of the employee's compensation, or a fixed amount, as the account sponsor determines; and (2) employees shall have the ability to adjust, stop, or pause, their contributions as they see fit. (g) Disclosure requirements An account sponsor shall disclose in writing, or electronically if the employee so elects, to the participating employee within 5 business days before the commencement of the contributions to the account— (1) a short-term savings account description, including the contours, all terms and conditions, and fees associated with the short-term savings account; (2) describe the tax treatment of the short-term savings account and the tax treatment of any tax favored account that is offered; (3) any rules with respect to deposits or contributions into the account, maintenance of the account, investments, balances, escalations not to exceed 4 percent and withdrawals, replenishment of the accounts, balance caps, and other features of the account; and (4) the access and availability to account information and related account information to participating employees. (h) Effective date The provisions of this Act shall be effective upon the date of enactment of this Act. 4. Short-term savings account within a retirement plan (a) In general Not later than one year after the date of enactment of this Act, the Secretary of the Treasury or the Secretary’s delegate shall issue regulations or other guidance that interprets and applies the rules of the Internal Revenue Code of 1986 applicable to tax-qualified plans and arrangements described in sections 219(g)(5), 408 (including 408(q) and 408A), and 457(b) of such Code in a manner that facilitates the offering and operation, including automatic enrollment and automatic escalation, of short-term savings arrangements as part of or in conjunction or coordination with, any such tax-qualified plan or arrangement. (b) Requirements Any short-term savings account that is part of a tax-qualified plans and arrangements described in sections 219(g)(5), 408 (including 408(q) and 408A), and 457(b) of the Internal Revenue Code of 1986 shall comply with applicable plan requirements, including provisions for the retention of assets in a qualified trust, timely payment of assets, and distribution of assets upon plan or participant termination. Any savings account that is not part of a tax-qualified plan, bank or credit union, shall be subject to appropriate regulations by the Department of Treasury. 5. Pilot program The Secretary of the Treasury may establish a pilot program that incentivizes employers to set up short-term savings accounts under this Act. Any employer that participates in the pilot program shall be eligible to receive not more than $400 per employee account. 6. Study of effectiveness of short-term savings account options Not later than 1 year after the date of enactment of this Act, the Comptroller General shall study, and report to the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means of the House of Representatives, the effectiveness of various methods for developing the savings accounts described in this Act, including after-tax employee contributions to a plan described in section 401(k) of the Internal Revenue Code of 1986, deemed treatment of such plans as a Roth plan for purposes of such Code, and the use of depository accounts, including payroll cards.
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117-s-2602
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II 117th CONGRESS 1st Session S. 2602 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Young (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for an additional nondiscrimination safe harbor for automatic contribution arrangements.
1. Short title This Act may be cited as the Retirement Security Flexibility Act of 2021 . 2. Additional nondiscrimination safe harbor for automatic contribution arrangements (a) In general Subsection (k) of section 401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (16) Special nonelective and matching contribution rules for small employers (A) In general In the case of a cash or deferred arrangement maintained by an eligible employer (as defined in section 408(p)(2)(C)(i)), for purposes of paragraph (13), the arrangement shall be treated as meeting the requirements of subparagraph (D) thereof if under the arrangement, the total elective deferrals (as defined in section 402(g)(3)(A)) with respect to any employee do not exceed an amount equal to the applicable percentage of the limitation otherwise applicable under section 402(g). (B) Applicable percentage For purposes of subparagraph (A), the applicable percentage with respect to an arrangement is— (i) 40 percent in the case of an arrangement which does not meet the requirements of paragraph (13)(D) and is not described in clause (ii) or (iii), (ii) 60 percent in the case of an arrangement which is not described in clause (iii) and which would meet the requirements of paragraph (13)(D) if— (I) equal to at least were substituted for equal to in clause (i)(I) thereof, (II) 2 percent of compensation, and such matching contributions meet the requirement of subsection (m)(11)(B) were substituted for 6 percent of compensation in clause (i)(I) thereof, and (III) 1 percent were substituted for 3 percent in clause (i)(II) thereof, and (iii) 80 percent in the case of an arrangement which would meet the requirements of paragraph (13)(D) if— (I) equal to at least were substituted for equal to in clause (i)(I) thereof, (II) 4 percent of compensation, and such matching contributions meet the requirement of subsection (m)(11)(B) were substituted for 6 percent of compensation in clause (i)(I) thereof, and (III) 2 percent were substituted for 3 percent in clause (i)(II) thereof. (C) Reporting This paragraph shall apply to an arrangement only if the plan includes with the reports required under sections 6057 and 6058— (i) the number of employees eligible to participate in the arrangement, and (ii) the number of participants for the plan year. . (b) Modification of existing automatic contribution safe harbor (1) Qualified percentage (A) In general Clause (iii) of section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by striking (10 percent during the period described in subclause (I)) . (B) Conforming amendments (i) Subclause (I) of section 401(k)(13)(C)(iii) of the Internal Revenue Code of 1986 is amended— (I) by striking 3 percent and inserting 3 percent, but not greater than 10 percent, , and (II) by adding and at the end. (ii) Subclause (II) of section 401(k)(13)(C)(iii) of such Code is amended to read as follows: (II) during any subsequent plan year, the lesser of 1 percentage point higher than the percentage in effect for the preceding plan year or 8 percent. . (iii) Section 401(k)(13)(C)(iii) of such Code is amended by striking subclauses (III) and (IV). (2) Automatic re-election Subparagraph (C) of section 401(k)(13) of such Code is amended by striking clause (iv) and by adding at the end the following new clause: (iv) Automatic re-election required The requirements of this subparagraph shall be treated as met only if, under the arrangement, every 3 years each employee— (I) who is eligible to participate in the arrangement, and (II) who is not participating, or is contributing less than 3 percent of compensation, at the time of determination, is treated as having made the election described in clause (i) unless the employee makes a new election under clause (ii). . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to plan years beginning after December 31, 2021. (2) Immediate automatic deferral for current employees not required In the case of an employer who adopts a qualified automatic contribution arrangement (as defined in section 401(k)(13)(B) of the Internal Revenue Code of 1986) after December 31, 2021, solely for the first and second plan years for which the arrangement is in effect, clauses (i) and (iv) of section 401(k)(13)(C) of the Internal Revenue Code of 1986 (as amended by this section) may be applied without taking into account any employee who— (A) is eligible to participate in the arrangement (or a predecessor arrangement) immediately before the date the arrangement goes into effect, and (B) has an election in effect on such date either to participate in the arrangement or to not participate in the arrangement.
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https://www.govinfo.gov/content/pkg/BILLS-117s2602is/xml/BILLS-117s2602is.xml
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117-s-2603
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II 117th CONGRESS 1st Session S. 2603 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Young (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a commission for the purpose of studying the issue of retirement security.
1. Short title This Act may be cited as the Commission on Retirement Security Act of 2021 . 2. Establishment There is established in the executive branch a commission to be known as the Commission on Retirement Security (referred to in this Act as the Commission ). 3. Members of the Commission (a) Number and appointment The Commission shall be comprised of 15 members as follows: (1) The Secretary of the Treasury (or the Secretary’s designee). (2) The Secretary of Labor (or the Secretary’s designee). (3) The Secretary of Commerce (or the Secretary's designee). (4) Three shall be appointed by the Speaker of the House of Representatives, of whom— (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, or consumers in the design and administration of retirement plans; and (C) one shall be a current or former Member of Congress. (5) Three shall be appointed by the minority leader of the House of Representatives, of whom— (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, or consumers in the design and administration of retirement plans; and (C) one shall be a current or former Member of Congress. (6) Three shall be appointed by the majority leader of the Senate, of whom— (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, or consumers in the design and administration of retirement plans; and (C) one shall be a current or former Member of Congress. (7) Three shall be appointed by the minority leader of the Senate, of whom— (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, or consumers in the design and administration of retirement plans; and (C) one shall be a current or former Member of Congress. (b) Expertise In making appointments under this section, consideration should be given to individuals with expertise in economics, behavioral economics, retirement security, savings incentives, pension plan design, benefit plan design, actuarial science, the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ), or consumer protection. (c) Chairperson and co-Chairperson (1) Chairperson The President shall select the chairperson of the Commission from among the Members selected for the Commission. (2) Co-chairperson The co-chairperson shall be selected as follows: (A) If, on the date of appointment, the majority leader of the Senate is of a different political party than the President, such majority leader shall select the co-chairperson from among the Members selected for the Commission. (B) If, on the date of appointment, the majority leader of the Senate is of the same political party as the President, the minority leader of the Senate shall select the co-chairperson from among the Members selected for the Commission. (d) Timing of appointments Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; vacancies Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Hearings In carrying out its duties under this Act, the Commission is authorized to hold such hearings and take testimony with respect to matters to which it has a responsibility under this Act. The Chairperson, or any member authorized by the Chairperson, may administer oaths or affirmations to witnesses appearing before the Commission. The Commission shall hold, at minimum, not fewer than 4 hearings in a location that is outside of the metropolitan area of Washington, DC, and within the United States. (g) Compensation Members of the Commission shall serve without pay. (h) Travel expenses Each 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. 4. Duties of the Commission (a) Study of retirement security The Commission shall— (1) conduct a comprehensive study of the state of retirement security in the United States, which shall include— (A) a comprehensive review of private benefit programs existing in the United States, with a particular focus on the historical movement from the defined benefit model to the defined contribution model; (B) a comprehensive review of private retirement coverage, individual and household accounts balances, investment trends, costs and net returns, and retention and distribution during retirement; (C) a comprehensive review of societal trends, including wage growth, economic growth, unique small business challenges, serial employment, gig economy, health care costs, life expectancy, and shrinking household size, that could lead future generations to be less financially secure in retirement compared to previous generations; and (D) a comprehensive review of other countries’ retirement programs; and (2) submit to Congress recommendations on how to improve or replace existing private retirement programs. (b) Report Upon the affirmative vote of at least 3/4 of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study under subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (c) Deadline The report under subsection (b) shall be submitted not later than the date that is 2 years after the date a majority of the members of the Commission are appointed pursuant to section 3. (d) Available reports In conducting its study and developing findings, conclusions, and recommendations for legislation or administrative action, the Commission— (1) shall take into account available reports and materials; and (2) may consult with the Government Accountability Office. 5. Operation and powers of the Commission (a) Executive branch assistance The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Bureau of the Census. (2) The Internal Revenue Service. (3) The Department of Housing and Urban Development. (4) The Social Security Administration. (5) The Department of Health and Human Services. (6) The Department of Agriculture. (7) The Pension Benefit Guaranty Corporation. (8) Any other agency, as determined by the Commission. (b) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (c) Meetings The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. Detailed minutes of each meeting of the Commission, except for any closed session, shall be kept and shall include a record of the persons present and a complete and accurate description of matters discussed. (d) Rules of procedure The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (e) Hearings The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Timely public notice of each hearing, including the time, place, and agenda of the meeting, shall be provided by any means that will result in wide publicity in the region of the United States in which it is held. Timely notice of each regular meeting shall be published in the Federal Register. Interested persons shall be permitted to submit written statements regarding the matters on the agenda of such hearings. (f) Contracts The Commission may contract with and compensate government and private agencies or persons for the purpose of carrying out this Act. (g) Mails The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. 6. Funding (a) In general Subject to subsection (b) and the availability of appropriations at the request of the Secretary of the Treasury, the agencies described in section 5(a) shall transfer funds, as specified in advance in appropriations Act and in a total amount not to exceed $5,000,000, to the Department of the Treasury for the purpose of carrying out the activities of the Commission in accordance with this Act. (b) Administrative support The Department of the Treasury shall provide administrative support to the Commission, which may include providing physical space at, and access to, the headquarters of the Department of the Treasury located in Washington, DC. (c) Prohibition on new funding No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise available for the Department of the Treasury or the agencies described in section 5(a). 7. Personnel (a) Director The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co-chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Director shall include in budget recommendations a summary of the amounts such Director determines necessary for the expenses of the Commission, including expenses for publications of reports, as appropriate. (b) Staff The Director may appoint and fix the pay of additional staff as the Director determines appropriate. No staff of the Commission shall receive compensation at a rate in excess of the rate specified for GS–15 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (d) Authority To accept voluntary services Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission is authorized to accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law: (1) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (2) Chapter 171 of title 28, United States Code, relating to tort claims. (3) Chapter 11 of title 18, United States Code, relating to conflicts of interest. 8. Termination The Commission shall terminate not later than 2 years after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2603is/xml/BILLS-117s2603is.xml
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117-s-2604
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II Calendar No. 114 117th CONGRESS 1st Session S. 2604 [Report No. 117–35] IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Heinrich , from the Committee on Appropriations , reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF DEFENSE Military construction, army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $991,762,000, to remain available until September 30, 2026: Provided , That, of this amount, not to exceed $165,619,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $147,070,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Army in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, navy and marine corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $2,452,247,000, to remain available until September 30, 2026: Provided , That, of this amount, not to exceed $396,652,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $469,145,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Navy and Marine Corps in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, air force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $2,106,750,000, to remain available until September 30, 2026: Provided , That, of this amount, not to exceed $262,175,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $269,060,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Air Force in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, defense-Wide (INCLUDING TRANSFER OF FUNDS) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $2,082,663,000, to remain available until September 30, 2026: Provided , That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further , That, of the amount, not to exceed $320,887,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $89,955,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Defense-Wide in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, army national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $315,893,000, to remain available until September 30, 2026: Provided , That, of the amount, not to exceed $37,725,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $49,790,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Army National Guard in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, air national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $298,550,000, to remain available until September 30, 2026: Provided , That, of the amount, not to exceed $23,682,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $97,780,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Air National Guard in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, army reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $94,111,000, to remain available until September 30, 2026: Provided , That, of the amount, not to exceed $7,167,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $29,200,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Army Reserve in the report to accompany this Act, in addition to amounts otherwise available for such purposes. Military construction, navy reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $71,804,000, to remain available until September 30, 2026: Provided , That, of the amount, not to exceed $6,005,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, air force reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $111,374,000, to remain available until September 30, 2026: Provided , That, of the amount, not to exceed $5,830,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount made available under this heading, $33,000,000 shall be for the projects and activities, and in the amounts, specified under the heading Military Construction, Air Force Reserve in the report to accompany this Act, in addition to amounts otherwise available for such purposes. North atlantic treaty organization Security investment program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $205,853,000, to remain available until expended. Department of defense base closure account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), $334,639,000, to remain available until expended. Family housing construction, army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $99,849,000, to remain available until September 30, 2026. Family housing operation and maintenance, army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $391,227,000. Family housing construction, navy and marine corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $77,616,000, to remain available until September 30, 2026. Family housing operation and maintenance, navy and marine corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $357,341,000. Family housing construction, air force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $115,716,000, to remain available until September 30, 2026. Family housing operation and maintenance, air force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $325,445,000. Family housing operation and maintenance, defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $49,785,000. Department of defense Family housing improvement fund For the Department of Defense Family Housing Improvement Fund, $6,081,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Department of defense Military unaccompanied housing improvement fund For the Department of Defense Military Unaccompanied Housing Improvement Fund, $494,000, to remain available until expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities. Administrative provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided , That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further , That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (INCLUDING TRANSFER OF FUNDS) 117. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided , That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (INCLUDING TRANSFER OF FUNDS) 118. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A) . Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. 119. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided , That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further , That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. 120. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (INCLUDING TRANSFER OF FUNDS) 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense , to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. (INCLUDING TRANSFER OF FUNDS) 122. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of March 2011, as in effect on the date of enactment of this Act. 123. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. 124. For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2026: Military Construction, Army , $27,000,000; Military Construction, Navy and Marine Corps , $28,000,000; Military Construction, Defense-Wide , $36,100,000; Military Construction, Army National Guard , $11,000,000; and Military Construction, Air National Guard , $19,200,000: Provided , That such funds may only be obligated to carry out construction projects identified in the respective military department’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 125. All amounts appropriated to the Department of Defense—Military Construction, Army , Department of Defense—Military Construction, Navy and Marine Corps , Department of Defense—Military Construction, Air Force , and Department of Defense—Military Construction, Defense-Wide accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2022 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects. 126. Notwithstanding section 116 of this Act and similar provisions in previous Military Construction, Veterans Affairs, and Related Agencies appropriations Acts, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2023 for fiscal year 2017 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2022 by a National Defense Authorization Act: Provided , That no amounts may be obligated pursuant to this section from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (RESCISSION OF FUNDS) 127. Of the unobligated balances available to the Department of Defense from prior appropriations Acts under the heading Military Construction, Defense-Wide , $131,000,000 is hereby rescinded: Provided , That no amounts may be rescinded from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 128. For the purposes of this Act, the term congressional defense committees means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. 129. For an additional amount for Family Housing Construction, Army , $17,500,000 to remain available until September 30, 2024: Provided , That such funds may only be obligated to carry out construction projects identified in the Army’s cost to complete projects list of previously appropriated projects submitted to Congress: Provided further , That such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further , That not later than 30 days after enactment of this Act, the Secretary of the Army, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 130. For an additional amount for the accounts and in the amounts specified for planning and design, unspecified minor construction, and authorized major construction projects, for construction improvements to Department of Defense laboratory facilities, to remain available until September 30, 2026: Military Construction, Army , $30,000,000; Military Construction, Navy and Marine Corps , $15,000,000; and Military Construction, Air Force , $30,000,000: Provided , That not later than 30 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further , That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. 131. For an additional amount for Military Construction, Navy and Marine Corps , $225,000,000, to remain available until September 30, 2026, for Shipyard Infrastructure Optimization Plan unspecified worldwide construction: Provided , That such funds may only be obligated to carry out construction projects identified in the respective military department’s unfunded priority list for fiscal year 2022 submitted to Congress: Provided further , That not later than 60 days after enactment of this Act, the Secretary of the Navy, or her or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 132. For an additional amount for Military Construction, Defense-Wide , $153,000,000, to remain available until September 30, 2026: Provided , That such funds may only be obligated to carry out construction projects specified in a National Defense Authorization Act for fiscal year 2022 in the funding table in section 4601 of that Act: Provided further , That not later than 30 days after enactment of this Act, the Secretary of Defense, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 133. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2026: Military Construction, Army , $10,000,000; Military Construction, Navy and Marine Corps , $25,000,000; and Military Construction, Air Force , $15,000,000: Provided , That not later than 60 days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section: Provided further , That the Secretary of the military department concerned may not obligate or expend any funds prior to approval by the Committees on Appropriations of both Houses of Congress of the expenditure plan required by this section. II DEPARTMENT OF VETERANS AFFAIRS Veterans benefits administration COMPENSATION AND PENSIONS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $7,347,837,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2021, to remain available until expended; and, in addition, $147,569,474,000, which shall become available on October 1, 2022, to remain available until expended: Provided , That not to exceed $20,115,000 of the amount made available for fiscal year 2023 under this heading shall be reimbursed to General Operating Expenses, Veterans Benefits Administration , and Information Technology Systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the Compensation and Pensions appropriation: Provided further , That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical Care Collections Fund to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $8,906,851,000, which shall become available on October 1, 2022, to remain available until expended: Provided , That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. VETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21 of title 38, United States Code, $109,865,000, which shall become available on October 1, 2022, to remain available until expended. VETERANS HOUSING BENEFIT PROGRAM FUND For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That, during fiscal year 2022, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $229,500,000. VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $2,838, as authorized by chapter 31 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $1,662,758. In addition, for administrative expenses necessary to carry out the direct loan program, $429,467, which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration . NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,300,000. GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $3,486,000,000: Provided , That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further , That, of the funds made available under this heading, not to exceed 10 percent shall remain available until September 30, 2023. Veterans health administration MEDICAL SERVICES For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances authorized by section 322(d) of title 38, United States Code, grants authorized by section 521A of title 38, United States Code, and administrative expenses necessary to carry out sections 322(d) and 521A of title 38, United States Code, and hospital care and medical services authorized by section 1787 of title 38, United States Code; $70,323,116,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $1,500,000,000 shall remain available until September 30, 2024: Provided further , That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further , That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further , That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further , That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further , That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading for medical supplies and equipment are available for the acquisition of prosthetics designed specifically for female veterans. MEDICAL COMMUNITY CARE For necessary expenses for furnishing health care to individuals pursuant to chapter 17 of title 38, United States Code, at non-Department facilities, $3,269,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2021; and, in addition, $24,156,659,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $2,000,000,000 shall remain available until September 30, 2024. MEDICAL SUPPORT AND COMPLIANCE For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act ( 42 U.S.C. 2651 et seq. ), $9,673,409,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $200,000,000 shall remain available until September 30, 2024. MEDICAL FACILITIES For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $7,133,816,000, plus reimbursements, shall become available on October 1, 2022, and shall remain available until September 30, 2023: Provided , That, of the amount made available on October 1, 2022, under this heading, $350,000,000 shall remain available until September 30, 2024. MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $882,000,000, plus reimbursements, shall remain available until September 30, 2023: Provided , That the Secretary of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research. National cemetery administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $394,000,000, of which not to exceed 10 percent shall remain available until September 30, 2023. Departmental administration GENERAL ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $401,200,000, of which not to exceed 10 percent shall remain available until September 30, 2023: Provided , That funds provided under this heading may be transferred to General Operating Expenses, Veterans Benefits Administration . BOARD OF VETERANS APPEALS For necessary operating expenses of the Board of Veterans Appeals, $228,000,000, of which not to exceed 10 percent shall remain available until September 30, 2023. INFORMATION TECHNOLOGY SYSTEMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $4,842,800,000, plus reimbursements: Provided , That $1,414,215,000 shall be for pay and associated costs, of which not to exceed 3 percent shall remain available until September 30, 2023: Provided further , That $3,131,585,000 shall be for operations and maintenance, of which not to exceed 5 percent shall remain available until September 30, 2023: Provided further , That $297,000,000 shall be for information technology systems development, and shall remain available until September 30, 2023: Provided further , That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That amounts made available for the Information Technology Systems account for development may be transferred among projects or to newly defined projects: Provided further , That no project may be increased or decreased by more than $2,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further , That the funds made available under this heading for information technology systems development shall be for the projects, and in the amounts, specified under this heading in the report accompanying this Act. VETERANS ELECTRONIC HEALTH RECORD For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, and salaries and expenses of employees hired under titles 5 and 38, United States Code, $2,500,000,000, to remain available until September 30, 2024: Provided , That the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility, including any changes from the deployment plan or schedule: Provided further , That the funds provided in this account shall only be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further , That 25 percent of the funds made available under this heading shall not be available until July 1, 2022, and are contingent upon the Secretary of Veterans Affairs providing a plan with benchmarks and measureable metrics for deployment, and a plan for addressing all required infrastructure upgrades, no later than 30 days prior to that date to the Committees on Appropriations. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $239,000,000, of which not to exceed 10 percent shall remain available until September 30, 2023. CONSTRUCTION, MAJOR PROJECTS For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $1,611,000,000, of which $911,000,000 shall remain available until September 30, 2026, and of which $700,000,000 shall remain available until expended, of which $100,000,000 shall be available for seismic improvement projects and seismic program management activities, including for projects that would otherwise be funded by the Construction, Minor Projects, Medical Facilities or National Cemetery Administration accounts: Provided , That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and planning, cost estimating, and design for major medical facility projects and major medical facility leases and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, staffing expenses, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project that has not been notified to Congress through the budgetary process or that has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying such Act and presented to the President at the time of enrollment: Provided further , That such sums as may be necessary shall be available to reimburse the General Administration account for payment of salaries and expenses of all Office of Construction and Facilities Management employees to support the full range of capital infrastructure services provided, including minor construction and leasing services: Provided further , That funds made available under this heading for fiscal year 2022, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2022; and (2) by the awarding of a construction contract by September 30, 2023: Provided further , That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above: Provided further , That notwithstanding the requirements of section 8104(a) of title 38, United States Code, amounts made available under this heading for seismic improvement projects and seismic program management activities shall be available for the completion of both new and existing seismic projects of the Department. CONSTRUCTION, MINOR PROJECTS For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $553,000,000, of which $497,700,000 shall remain available until September 30, 2026, and of which $55,300,000 shall remain available until expended, along with unobligated balances of previous Construction, Minor Projects appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided , That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $50,000,000, to remain available until expended. GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $50,000,000, to remain available until expended. ASSET INFRASTRUCTURE REVIEW COMMISSION For carrying out the VA Asset and Infrastructure Review Act of 2018 (subtitle A of title II of Public Law 115–182 ), $5,000,000, to remain available until September 30, 2023. Administrative provisions (INCLUDING TRANSFER OF FUNDS) 201. Any appropriation for fiscal year 2022 for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided , That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (INCLUDING TRANSFER OF FUNDS) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2022, in this or any other Act, under the Medical Services , Medical Community Care , Medical Support and Compliance , and Medical Facilities accounts may be transferred among the accounts: Provided , That any transfers among the Medical Services , Medical Community Care , and Medical Support and Compliance accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further , That any transfers among the Medical Services , Medical Community Care , and Medical Support and Compliance accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That any transfers to or from the Medical Facilities account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, Major Projects , and Construction, Minor Projects ) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. )), unless reimbursement of the cost of such hospitalization or examination is made to the Medical Services account at such rates as may be fixed by the Secretary of Veterans Affairs. 206. Appropriations available in this title for Compensation and Pensions , Readjustment Benefits , and Veterans Insurance and Indemnities shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2021. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and Pensions . (INCLUDING TRANSFER OF FUNDS) 208. Notwithstanding any other provision of law, during fiscal year 2022, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General Operating Expenses, Veterans Benefits Administration and Information Technology Systems accounts for the cost of administration of the insurance programs financed through those accounts: Provided , That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2022 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further , That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further , That the Secretary shall determine the cost of administration for fiscal year 2022 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended. (INCLUDING TRANSFER OF FUNDS) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $78,417,225 for the Office of Resolution Management, Diversity and Inclusion, $6,609,000 for the Office of Employment Discrimination Complaint Adjudication, and $3,822,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided , That payments may be made in advance for services to be furnished based on estimated costs: Provided further , That amounts received shall be credited to the General Administration and Information Technology Systems accounts for use by the office that provided the service. 211. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided , That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further , That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (INCLUDING TRANSFER OF FUNDS) 212. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, Major Projects and Construction, Minor Projects accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in Construction, Major Projects and Construction, Minor Projects . 213. Amounts made available under Medical Services are available— (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (INCLUDING TRANSFER OF FUNDS) 214. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the Medical Services and Medical Community Care accounts to remain available until expended for the purposes of these accounts. 215. The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska shall mean those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough. (INCLUDING TRANSFER OF FUNDS) 216. Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, Major Projects and Construction, Minor Projects accounts, to remain available until expended for the purposes of these accounts. 217. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided , That, at a minimum, the report shall include the direction contained in the paragraph entitled Quarterly reporting , under the heading General Administration in the joint explanatory statement accompanying Public Law 114–223 . (INCLUDING TRANSFER OF FUNDS) 218. Amounts made available under the Medical Services , Medical Community Care , Medical Support and Compliance , Medical Facilities , General Operating Expenses, Veterans Benefits Administration , Board of Veterans Appeals , General Administration , and National Cemetery Administration accounts for fiscal year 2022 may be transferred to or from the Information Technology Systems account: Provided , That such transfers may not result in a more than 10 percent aggregate increase in the total amount made available by this Act for the Information Technology Systems account: Provided further , That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. (INCLUDING TRANSFER OF FUNDS) 219. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2022 for Medical Services , Medical Community Care , Medical Support and Compliance , Medical Facilities , Construction, Minor Projects , and Information Technology Systems , up to $379,009,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided , That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress: Provided further , That section 220 of title II of division J of Public Law 116–260 is repealed. (INCLUDING TRANSFER OF FUNDS) 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2022, for Medical Services , Medical Community Care , Medical Support and Compliance , and Medical Facilities , up to $323,242,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided , That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (INCLUDING TRANSFER OF FUNDS) 221. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided , That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2573), amounts transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended. (INCLUDING TRANSFER OF FUNDS) 222. Of the amounts available in this title for Medical Services , Medical Community Care , Medical Support and Compliance , and Medical Facilities , a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. 223. None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment. 224. The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided , That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further , That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. 225. None of the funds made available for Construction, Major Projects may be used for a project in excess of the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations unless the Secretary of Veterans Affairs receives approval from the Committees on Appropriations of both Houses of Congress. 226. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided , That, at a minimum, the report shall include the direction contained in the section entitled Disability claims backlog , under the heading General Operating Expenses, Veterans Benefits Administration in the joint explanatory statement accompanying Public Law 114–223 : Provided further , That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. 228. The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. (INCLUDING TRANSFER OF FUNDS) 229. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the Medical Services account any discretionary appropriations made available for fiscal year 2022 in this title (except appropriations made to the General Operating Expenses, Veterans Benefits Administration account) or any discretionary unobligated balances within the Department of Veterans Affairs, including those appropriated for fiscal year 2022, that were provided in advance by appropriations Acts: Provided , That transfers shall be made only with the approval of the Office of Management and Budget: Provided further , That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further , That no amounts may be transferred from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That such authority to transfer may not be used unless for higher priority items, based on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further , That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated: Provided further , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. (INCLUDING TRANSFER OF FUNDS) 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2022, under the Board of Veterans Appeals and the General Operating Expenses, Veterans Benefits Administration accounts may be transferred between such accounts: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request. 231. The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress. 232. (a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code— (1) provides to individuals who contact the hotline immediate assistance from a trained professional; and (2) adheres to all requirements of the American Association of Suicidology. (b) (1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a). (2) In this subsection— (A) the term civil service has the meaning given such term in section 2101(1) of title 5, United States Code; and (B) the term Executive action includes— (i) any Executive order, presidential memorandum, or other action by the President; and (ii) any agency policy, order, or other directive. (c) (1) The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline. (2) At a minimum, the study required by paragraph (1) shall— (A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter; (B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide. 233. Effective during the period beginning on October 1, 2018 and ending on January 1, 2024, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention. 234. (a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made available to the Department of Veterans Affairs for the Medical Services account may be used to provide— (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or (2) adoption reimbursement to a covered veteran. (b) In this section: (1) The term service-connected has the meaning given such term in section 101 of title 38, United States Code. (2) The term covered veteran means a veteran, as such term is defined in section 101 of title 38, United States Code, who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. (3) The term assisted reproductive technology means benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United States Code, as described in the memorandum on the subject of Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, including any limitations on the amount of such benefits available to such a member except that— (A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage. (4) The term adoption reimbursement means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. (c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ). 235. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 ; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code. 236. Section 842 of Public Law 109–115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Administration, or National Cemetery Administration to contractor performance by a business concern that is at least 51 percent owned by one or more Indian tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code. 237. (a) Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to identify individuals in all information systems of the Department of Veterans Affairs as follows: (1) For all veterans submitting to the Secretary of Veterans Affairs new claims for benefits under laws administered by the Secretary, not later than March 23, 2023. (2) For all individuals not described in paragraph (1), not later than March 23, 2026. (b) The Secretary of Veterans Affairs may use a Social Security account number to identify an individual in an information system of the Department of Veterans Affairs if and only if the use of such number is required to obtain information the Secretary requires from an information system that is not under the jurisdiction of the Secretary. (c) The matter in subsections (a) and (b) shall supersede section 238 of Public Law 116–94 . 238. For funds provided to the Department of Veterans Affairs for each of fiscal year 2022 and 2023 for Medical Services , section 239 of division A of Public Law 114–223 shall apply. 239. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs. 240. Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2022 and fiscal year 2023 for Medical Services , funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111–163 , notwithstanding subsection (e) of such section. 241. None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. 242. For funds provided to the Department of Veterans Affairs for each of fiscal year 2022 and 2023, section 258 of division A of Public Law 114–223 shall apply. 243. (a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access. (b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement. 244. None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs. 245. None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2022 to convert any program which received specific purpose funds in fiscal year 2021 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees. 246. For funds provided to the Department of Veterans Affairs for each of fiscal year 2022 and 2023, section 248 of division A of Public Law 114–223 shall apply. 247. (a) None of the funds appropriated or otherwise made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b). (b) (1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using canines, felines, or non-human primates if the Secretary determines that— (A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates; (B) such scientific objectives are directly related to an illness or injury that is combat-related; and (C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document. (2) The Secretary may not delegate the authority under this subsection. (c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing— (1) the nature of the research to be conducted using canines, felines, or non-human primates; (2) the date on which the Secretary approved the research; (3) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates; (4) the frequency and duration of such research; and (5) the protocols in place to ensure the necessity, safety, and efficacy of the research. (d) Not later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to such Committees a report describing— (1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; (2) the circumstances under which such research was conducted using canines, felines, or non-human primates; (3) the justification for using canines, felines, or non-human primates to conduct such research; and (4) the protocols in place to ensure the necessity, safety, and efficacy of such research. (e) The Department shall implement a plan under which the Secretary will eliminate or reduce the research conducted using canines, felines, or non-human primates by not later than 5 years after the date of enactment of Public Law 116–94 . 248. (a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter 31 of title 38, United States Code, does not exceed 125 veterans to one full-time employment equivalent. (b) Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, United States Code, including— (1) an assessment of the veteran-to-staff ratio for each such program; and (2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program. 249. Amounts made available for the Veterans Health Administration, Medical Community Care account in this or any other Act for fiscal years 2022 and 2023 may be used for expenses that would otherwise be payable from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act, as amended ( 38 U.S.C. 1701 note). 250. Obligations and expenditures applicable to the Medical Services account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the Medical Community Care account for such fiscal years. 251. Of the amounts made available for the Department of Veterans Affairs for fiscal year 2022, in this or any other Act, under the Veterans Health Administration—Medical Services , Veterans Health Administration—Medical Community Care , Veterans Health Administration—Medical Support and Compliance , and Veterans Health Administration—Medical Facilities accounts, $820,446,000 shall be made available for gender-specific care and programmatic efforts to deliver care for women veterans. 252. Funds made available in this or any other Act for any department or agency for fiscal year 2022 that are received by the Secretary of Veterans Affairs for the conduct of research or education at a Department medical center or centers, other than funds appropriated to the Department of Veterans Affairs, and are transferred to and administered by a corporation established under subchapter IV of title 38, United States Code, for such purposes pursuant to section 7364(b)(1) of title 38, United States Code, shall remain available until expended. (INCLUDING TRANSFER OF FUNDS) 253. Amounts made available for the Department of Veterans Affairs for Medical Facilities and General Administration in this Act or prior Acts that remain available for obligation in fiscal year 2022 may be transferred as necessary to the Asset and Infrastructure Review account for the purposes of carrying out the VA Asset and Infrastructure Review Act of 2018 (subtitle A of title II of Public Law 115–182 ): Provided , That the total amounts transferred may not increase the account by more than $2,000,000: Provided further , That in advance of any such transfer, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (RESCISSION OF FUNDS) 254. (a) Any remaining unobligated balances in the Recurring Expenses Transformational Fund established in section 243 of division J of Public Law 114–113 are hereby rescinded immediately upon enactment of this Act. (b) An amount of additional new budget authority equivalent to the amount rescinded pursuant to subsection (a) is hereby appropriated, to remain available until expended, for facilities infrastructure improvements, including non-recurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, in addition to such other funds as may be available for such purposes, as follows: (1) 80 percent of the additional new budget authority shall be made available for an additional amount for Departmental Administration—Information Technology Systems ; and (2) 20 percent of the additional new budget authority shall be made available for an additional amount for Departmental Administration—Construction, Minor Projects : Provided , That prior to obligation of any of the funds provided in this subsection, the Secretary of Veterans Affairs must provide a plan for the execution of the funds appropriated in this subsection to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. 255. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the Veterans Medical Care and Health Fund , established to execute section 8002 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ): Provided , That, at a minimum, the report shall include an update on obligations by program, project or activity and a plan for expending the remaining funds; Provided further , That the Secretary of Veterans Affairs must submit notification of any plans to reallocate funds from the current apportionment categories of Medical Services , Medical Support and Compliance , Medical Facilities , Medical Community Care , or Medical and Prosthetics Research , including the amount and purpose of each reallocation to the Committees on Appropriations of both Houses of Congress and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. 256. None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act may be used in a manner that would— (1) interfere with the ability of a veteran to participate in a medicinal marijuana program approved by a State; (2) deny any services from the Department to a veteran who is participating in such a program; or (3) limit or interfere with the ability of a health care provider of the Department to make appropriate recommendations, fill out forms, or take steps to comply with such a program. III RELATED AGENCIES American battle monuments commission SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $87,500,000, to remain available until expended. FOREIGN CURRENCY FLUCTUATIONS ACCOUNT For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United States court of appeals for veterans claims SALARIES AND EXPENSES For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $41,700,000: Provided , That $3,385,104 shall be available for the purpose of providing financial assistance as described and in accordance with the process and reporting procedures set forth under this heading in Public Law 102–229 . Department of defense—civil Cemeterial expenses, army SALARIES AND EXPENSES For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $2,000 for official reception and representation expenses, $87,000,000, of which not to exceed $15,000,000 shall remain available until September 30, 2024. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. CONSTRUCTION For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, $141,000,000, to remain available until expended, for planning and design and construction associated with the Southern Expansion project at Arlington National Cemetery. Armed forces retirement home TRUST FUND For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $76,300,000, to remain available until September 30, 2023, of which $8,300,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi: Provided, That of the amounts made available under this heading from funds available in the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid from the general fund of the Treasury to the Trust Fund. Administrative provision 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. IV GENERAL PROVISIONS 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 403. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of E-Commerce technologies and procedures in the conduct of their business practices and public service activities. 404. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 405. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 406. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 407. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 408. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 409. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 410. None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code. This Act may be cited as the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 .
August 4, 2021 Read twice and placed on the calendar
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II Calendar No. 115 117th CONGRESS 1st Session S. 2605 [Report No. 117–36] IN THE SENATE OF THE UNITED STATES August 4, 2021 Mrs. Feinstein , from the Committee on Appropriations , reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. INVESTIGATIONS For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $153,000,000, to remain available until expended: Provided , That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. CONSTRUCTION For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $3,002,003,000, to remain available until expended; of which $100,202,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects, except for McClellan-Kerr Arkansas River Navigation System, Three Rivers, Arkansas, which shall be 28 percent during the fiscal year covered by this Act, shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law. MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $380,000,000 to remain available until expended, of which $5,312,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided , That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. OPERATION AND MAINTENANCE For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $4,682,797,000 to remain available until expended, of which $1,943,486,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $50,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c ) and shall be designated as being for such purpose pursuant to paragraph (2)(B) of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ): Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. REGULATORY PROGRAM For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $212,000,000, to remain available until September 30, 2023. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $260,000,000, to remain available until expended. FLOOD CONTROL AND COASTAL EMERGENCIES For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended. EXPENSES For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $216,000,000, to remain available until September 30, 2023, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided , That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further , That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3) , $5,000,000, to remain available until September 30, 2023: Provided , That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title, as designated under such heading in the report accompanying this Act, to specific programs, projects, or activities. WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $5,700,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private: Provided , That no project may be funded with amounts provided under this heading for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: Provided further , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $570,000,000: Provided further , That within 30 days of enactment of this Act, the Secretary, in consultation with the Office of Management and Budget, shall transmit a report to the Committees on Appropriations of the House of Representatives and the Senate that provides: (1) an analysis of how subsidy rates will be determined for loans financed by appropriations provided under this heading in this Act; (2) a comparison of the factors that will be considered in estimating subsidy rates for loans financed under this heading in this Act with factors that will be considered in estimates of subsidy rates for other projects authorized by the Water Infrastructure Finance and Innovation Act of 2014, including an analysis of how both sets of rates will be determined; and (3) an analysis of the process for developing draft regulations for the Water Infrastructure Finance and Innovation program, including a crosswalk from the statutory requirements for such program, and a timetable for publishing such regulations: Provided further , That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading Water Infrastructure Finance and Innovation Program Account in division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided further , That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further , That any references to the Environmental Protection Agency (EPA) or the Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: Provided further , That for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Secretary shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $8,500,000, to remain available until September 30, 2023. GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL (INCLUDING TRANSFER OF FUNDS) 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2022, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) Investigations For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided , That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further , That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) Construction For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided , That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further , That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further , That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) Operation and maintenance Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided , That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further , That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further , That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further , That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) Mississippi river and tributaries The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) Formerly utilized sites remedial action program Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De minimus reprogrammings In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing authorities program Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; and (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the report accompanying this Act. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ): Provided , That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211 ). 106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. II DEPARTMENT OF THE INTERIOR Central Utah Project CENTRAL UTAH PROJECT COMPLETION ACCOUNT For carrying out activities authorized by the Central Utah Project Completion Act, $21,000,000, to remain available until expended, of which $5,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided , That of the amount provided under this heading, $1,550,000 shall be available until September 30, 2023, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2022, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $1,850,000 for administrative expenses. Bureau of reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: WATER AND RELATED RESOURCES (INCLUDING TRANSFERS OF FUNDS) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,832,101,000 to remain available until expended, of which $71,217,000 shall be available for transfer to the Upper Colorado River Basin Fund and $19,606,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided , That $40,000,000 shall be available for transfer into the Blackfeet Water Settlement Implementation Fund established by section 3717 of Public Law 114–322 : Provided further , That $1,000,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended ( 43 U.S.C. 510b(d)(1) ): Provided further , That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further , That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts account established by section 4011(e) of Public Law 114–322 , or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further , That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further , That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further , That of the amounts made available under this heading, $10,000,000 shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title 1 of appendix D of Public Law 106–554 : Provided further , That of the amounts provided herein, funds may be used for high-priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further , That within available funds, $250,000 shall be for grants and financial assistance for educational activities: Provided further , That in accordance with section 4007 of Public Law 114–322 , funding provided for such purpose in fiscal years 2019, 2020, and 2021 shall be made available for the construction, pre-construction, or study of the North-of-the-Delta Off Stream Storage (Sites Reservoir Project), the Los Vaqueros Reservoir Phase 2 Expansion Project, the B.F. Sisk Dam Raise and Reservoir Expansion Project, and the Del Puerto Canyon Reservoir, as recommended by the Secretary in the letter dated July 23, 2021: Provided further , That in accordance with section 4009(c) of Public Law 114–322 , and as recommended by the Secretary in a letter dated July 23, 2021, funding provided for such purpose in fiscal year 2021 shall be made available to the El Paso Aquifer Storage and Recovery Using Reclaimed Water Project, the Pure Water Soquel: Groundwater Replenishment and Seawater Intrusion Prevention Project, the North San Diego Water Reuse Coalition Project, the Pure Water Oceanside Project, City of Santa Fe Reuse Pipeline Project, the Replenish Big Bear Project, the Central Coast Blue: Recycled Water Project, the Harvest Water Program, the East County Advanced Water Purification Program: Phase Two, the Ventura Water Pure Program, and the San Juan Watershed Project: Provided further , That in accordance with section 4009(a) of Public Law 114–322 , and as recommended by the Secretary in a letter dated July 23, 2021, funding provided for such purpose in fiscal year 2021 shall be made available to the North Pleasant Valley Desalter Facility, the Mission Basin Groundwater Purification Facility Well Expansion and Brine Minimization Project, the Los Robles Desalter Project and the Regional Brackish Water Reclamation Program. CENTRAL VALLEY PROJECT RESTORATION FUND For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $56,499,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575 , to remain available until expended: Provided , That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575 : Provided further , That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. CALIFORNIA BAY-DELTA RESTORATION (INCLUDING TRANSFERS OF FUNDS) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $33,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided , That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further , That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. POLICY AND ADMINISTRATION For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2023, $64,400,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided , That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ADMINISTRATIVE PROVISION Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide necessary charging infrastructure. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2022, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading Bureau of Reclamation—Water and Related Resources shall be expended for the programs, projects, and activities specified in the Senate Recommended columns in the Water and Related Resources table included under the heading Title II—Department of the Interior in the report accompanying this Act. (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program—Alternative Repayment Plan and the SJVDP—Alternative Repayment Plan described in the report entitled Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 , prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $610,000,000 and inserting $730,000,000 . 204. Title I of Public Law 108–361 (the CALFED Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of Public Law 114–322 , is amended by striking 2021 each place it appears and inserting 2022 . 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) is amended by striking 2021 and inserting 2022 . 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) is amended by striking 2021 and inserting 2022 . (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) is amended by striking 2021 and inserting 2022 . 207. Section 1101(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 ) is amended by striking $10,000,000 and inserting $13,000,000 . III DEPARTMENT OF ENERGY ENERGY PROGRAMS Energy Efficiency and Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,896,971,000 to remain available until expended: Provided , That of such amount, $220,000,000 shall be available until September 30, 2023, for program direction: Provided further , That of the amount appropriated in this paragraph, $77,047,000 shall be used for projects specified in the table that appears under the heading Congressionally Directed Spending Energy Efficiency and Renewable Energy Projects in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Cybersecurity, Energy Security, and Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $177,000,000, to remain available until expended: Provided , That of such amount, $14,000,000 shall be available until September 30, 2023, for program direction: Provided further , That of the amount appropriated in this paragraph, $5,000,000 shall be used for projects specified in the table that appears under the heading Congressionally Directed Spending Cybersecurity, Energy Security, and Emergency Response Projects in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $303,000,000, to remain available until expended: Provided , That of such amount, $20,000,000 shall be available until September 30, 2023, for program direction: Provided further , That of the amount appropriated in this paragraph, $2,850,000 shall be used for projects specified in the table that appears under the heading Congressionally Directed Spending Electricity Projects in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Nuclear Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,590,800,000, to remain available until expended: Provided , That of such amount, $85,000,000 shall be available until September 30, 2023, for program direction: Provided further , That section 954(a)(6) of the Energy Policy Act of 2005, as amended, shall not apply to amounts appropriated under this heading. Fossil Energy and Carbon Management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs ( 30 U.S.C. 3 , 1602, and 1603), $850,000,000, to remain available until expended: Provided , That of such amount $65,800,000 shall be available until September 30, 2023, for program direction: Provided further , That of the amount appropriated in this paragraph, $20,199,000 shall be used for projects specified in the table that appears under the heading Congressionally Directed Spending Fossil Energy and Carbon Management Projects in the report of the Committee on Appropriations of the United States Senate to accompany this Act. Naval Petroleum and Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,650,000, to remain available until expended: Provided , That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ), $197,000,000, to remain available until expended: Provided , That notwithstanding sections 161 and 167 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 , 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2022: Provided further , That all proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2022: Provided further , That upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve. SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended ( 42 U.S.C. 6201 et seq. ), sections 403 and 404 of the Bipartisan Budget Act of 2015 ( 42 U.S.C. 6241 , 6239 note), and section 5010 of the 21st Century Cures Act ( Public Law 114–255 ), $7,350,000, to remain available until expended. Northeast Home Heating Oil Reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ), $6,500,000, to remain available until expended. Energy Information Administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $129,087,000, to remain available until expended. Non-Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $338,863,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116–94 are appropriated, to remain available until expended, for mercury storage costs. Uranium Enrichment Decontamination and Decommissioning Fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $860,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $16,155,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 35 passenger motor vehicles for replacement only, $7,490,000,000, to remain available until expended: Provided , That of such amount, $202,000,000 shall be available until September 30, 2023, for program direction. Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97–425 , as amended, including interim storage activities, $27,500,000, to remain available until expended, of which $7,500,000 shall be derived from the Nuclear Waste Fund. Technology Transitions For Department of Energy expenses necessary for carrying out the activities of technology transitions, $19,470,000, to remain available until expended: Provided , That of such amount, $8,375,000 shall be available until September 30, 2023, for program direction. Clean Energy Demonstrations For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $100,000,000, to remain available until expended: Provided , That of such amount, $8,400,000 shall be available until September 30, 2023, for program direction. Advanced Research Projects Agency—Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act ( Public Law 110–69 ), $500,000,000, to remain available until expended: Provided , That of such amount, $37,000,000 shall be available until September 30, 2023, for program direction. Title 17 Innovative Technology Loan Guarantee Program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided , That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to remain available until September 30, 2023: Provided further , That up to $32,000,000 of fees collected in fiscal year 2022 pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until September 30, 2023: Provided further , That to the extent that fees collected in fiscal year 2022 exceed $32,000,000, those excess amounts shall be credited as offsetting collections under this heading and available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further , That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2022 (estimated at $3,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at $0: Provided further , That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal Regulations. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $5,000,000, to remain available until September 30, 2023. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2023: Provided , That in this fiscal year and subsequent fiscal years, under section 3502(c) of title 25, United States Code, the Secretary of Energy may provide direct loans, as defined in section 661a of title 2, United States Code: Provided further , That any funds previously appropriated for the cost of loan guarantees under section 3502(c) of title 25, United States Code, may also be used for the cost of direct loans provided under such section of such title. Office of Indian Energy Policy and Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), $122,000,000, to remain available until expended: Provided , That of the amount appropriated under this heading, $5,523,000 shall be available until September 30, 2023, for program direction. Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), $343,578,000, to remain available until September 30, 2023, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act ( 31 U.S.C. 1511 et seq. ): Provided , That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further , That moneys received by the Department for miscellaneous revenues estimated to total $100,578,000 in fiscal year 2022 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95–238 , notwithstanding the provisions of 31 U.S.C. 3302: Provided further , That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $243,000,000. Office of the Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $78,000,000, to remain available until September 30, 2023. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed one ambulance, for replacement only, $15,484,295,000, to remain available until expended: Provided , That of such amount, $117,060,000 shall be available until September 30, 2023, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,264,000,000, to remain available until expended. Naval Reactors (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $1,840,505,000, to remain available until expended, of which, $89,108,000 shall be transferred to Department of Energy—Energy Programs—Nuclear Energy , for the Advanced Test Reactor: Provided , That of such amount, $55,579,000 shall be available until September 30, 2023, for program direction. Federal Salaries and Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $453,000,000, to remain available until September 30, 2023, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 1 passenger minivan for replacement only, $6,510,000,000, to remain available until expended: Provided , That of such amount, $297,000,000 shall be available until September 30, 2023, for program direction. Defense Uranium Enrichment Decontamination and Decommissioning (INCLUDING TRANSFER OF FUNDS) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $860,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . Other Defense Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $930,400,000, to remain available until expended: Provided , That of such amount, $317,636,000 shall be available until September 30, 2023, for program direction. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454 , are approved for the Umatilla Hatchery Facility Project and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That during fiscal year 2022, no new direct loan obligations may be made. Operation and Maintenance, Southeastern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), as applied to the southeastern power area, $7,184,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Provided , That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $7,184,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $0: Provided further , That notwithstanding 31 U.S.C. 3302 , up to $74,986,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further , That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation and Maintenance, Southwestern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), as applied to the Southwestern Power Administration, $48,324,000, to remain available until expended: Provided , That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), up to $37,924,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $10,400,000: Provided further , That notwithstanding 31 U.S.C. 3302 , up to $70,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further , That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 ( 42 U.S.C. 7152 ), and other related activities including conservation and renewable resources programs as authorized, $285,237,0000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $285,237,000 shall be derived from the Department of the Interior Reclamation Fund: Provided , That notwithstanding 31 U.S.C. 3302 , section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), and section 1 of the Interior Department Appropriation Act, 1939 ( 43 U.S.C. 392a ), up to $194,465,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $90,772,000, of which $90,772,000 is derived from the Reclamation Fund: Provided further , That notwithstanding 31 U.S.C. 3302 , up to $316,000,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further , That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,808,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided , That notwithstanding the provisions of that Act and of 31 U.S.C. 3302 , up to $5,580,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2022 appropriation estimated at not more than $228,000: Provided further , That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further , That for fiscal year 2022, the Administrator of the Western Area Power Administration may accept up to $1,737,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further , That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal Energy Regulatory Commission SALARIES AND EXPENSES For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. 3109 , official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $466,426,000, to remain available until expended: Provided , That notwithstanding any other provision of law, not to exceed $466,426,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2022 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS—DEPARTMENT OF ENERGY (INCLUDING TRANSFER OF FUNDS) 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading Department of Energy—Energy Programs , enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the Final Bill column in the Department of Energy table included under the heading Title III—Department of Energy in the report accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for fiscal year 2022. 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 305. No funds shall be transferred directly from Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration to the general fund of the Treasury in the current fiscal year. 306. (a) In general The Secretary shall establish an experienced worker program, to be known as Department of Energy Experienced Worker Program , for the purpose of awarding grants and entering into cooperative agreements under subsection (b) for the purpose of using the talents of individuals in the United States who are age 55 or older and are not employees of the Department to provide technical, professional and administrative services to support the mission of the Department of Energy. (b) Grants and Cooperative Agreements (1) In general Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary may make grants to, or enter into cooperative agreements with, private national nonprofit organizations eligible to receive grants under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ) to use the talents of individuals in the United States who are age 55 or older in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (2) Requirements Prior to awarding a grant or entering into a cooperative agreement under paragraph (1), the Secretary shall ensure that the grant or cooperative agreement would not— (A) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (B) result in the use of an individual under the Department of Energy Experienced Worker Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (C) affect existing contracts for services. 307. (a) Of the unobligated balances available to the Department of Energy from amounts appropriated in prior Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts— (1) Defense Nuclear Nonproliferation for the construction project 99–D–143 , $330,000,000; and (2) Naval Reactors , $6,000,000. (b) No amounts may be rescinded under subsection (a) from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 308. (a) Definitions In this section: (1) Affected indian tribe The term affected Indian tribe has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (2) High-level radioactive waste The term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (3) Nuclear waste fund The term Nuclear Waste Fund means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ). (4) Secretary The term Secretary means the Secretary of Energy. (5) Spent nuclear fuel The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (b) Pilot program Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a pilot program to license, construct, and operate 1 or more Federal consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor. (c) Requests for proposals Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of 1 or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the 1 or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based approval Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability In executing this section, the Secretary shall comply with— (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot program plan Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes— (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for— (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public participation Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct 1 or more public hearings in the vicinity of each potential site and in at least 1 other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of nuclear waste fund The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $210,000,000, to remain available until expended. Defense Nuclear Facilities Safety Board SALARIES AND EXPENSES For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456 , section 1441, $31,000,000, to remain available until September 30, 2023. Delta Regional Authority SALARIES AND EXPENSES For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Denali Commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $15,100,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided , That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities: Provided further , That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non-Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $35,000,000, to remain available until expended: Provided , That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $2,500,000, to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $2,500,000, to remain available until expended. Nuclear Regulatory Commission SALARIES AND EXPENSES For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $873,901,000, including official representation expenses not to exceed $25,000, to remain available until expended: Provided , That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2023: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $745,258,000 in fiscal year 2022 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302 , and shall remain available until expended: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation estimated at not more than $128,643,000. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $13,799,000, to remain available until September 30, 2023: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $11,442,000 in fiscal year 2022 shall be retained and be available until September 30, 2023, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation estimated at not more than $2,357,000: Provided further , That of the amounts appropriated under this heading, $1,146,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board SALARIES AND EXPENSES For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203 , section 5051, $3,800,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2023. GENERAL PROVISIONS—INDEPENDENT AGENCIES 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for Nuclear Regulatory Commission—Salaries and Expenses shall be expended as directed in the report accompanying this Act. (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. V GENERAL PROVISIONS (INCLUDING TRANSFER OF FUNDS) 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 . 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 505. For an additional amount for Bureau of Reclamation—Water and Related Resources , $450,000,000, to remain available until expended for activities to address drought, as determined by the Secretary of the Interior: Provided , That not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations to be funded: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2022 .
August 4, 2021 Read twice and placed on the calendar
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https://www.govinfo.gov/content/pkg/BILLS-117s2605rs/xml/BILLS-117s2605rs.xml
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117-s-2606
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II 117th CONGRESS 1st Session S. 2606 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Rubio (for himself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require an unclassified interagency report on the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party with respect to the United States, and for other purposes.
1. Short title This Act may be cited as the Countering the Chinese Government and Communist Party's Political Influence Operations Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations of the Senate ; (B) the Committee on Armed Services of the Senate ; (C) the Committee on Foreign Relations of the Senate ; (D) the Committee on Health, Education, Labor, and Pensions of the Senate ; (E) the Committee on the Judiciary of the Senate ; (F) the Select Committee on Intelligence of the Senate ; (G) the Committee on Banking, Housing, and Urban Affairs of the Senate ; (H) the Committee on Appropriations of the House of Representatives ; (I) the Committee on Armed Services of the House of Representatives ; (J) the Committee on Education and Labor of the House of Representatives ; (K) the Committee on Foreign Affairs of the House of Representatives ; (L) the Committee on the Judiciary of the House of Representatives ; (M) the Permanent Select Committee on Intelligence of the House of Representatives ; and (N) the Committee on Financial Services of the House of Representatives . (2) Political influence operations The term political influence operations means the coordinated and often concealed application of disinformation, press manipulation, economic coercion, targeted investments, corruption, or academic censorship, which are often intended— (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People’s Republic of China or the Chinese Communist Party. 3. Statement of policy (a) Findings Congress finds the following: (1) The Government of the People’s Republic of China and the Chinese Communist Party employ a wide range of political, informational, and economic measures to influence, coerce, intimidate, and undermine the United States interests and the interests of United States partners and allies. (2) The December 2017 National Security Strategy of the United States of America states, Although the United States seeks to continue to cooperate with China, China is using economic inducements and penalties, influence operations, and implied military threats to persuade other states to heed its political and security agenda. (3) Given the economic strength of the People’s Republic of China and the growing apparatus being used to spread its influence globally, efforts to promote its authoritarian ideal pose significant and consequential long-term challenges to United States interests and values. (4) The Government of the People’s Republic of China and the Chinese Communist Party use overt and covert means to target the political and economic elite, the media and public opinion, civil society and academia, and members of the Chinese diaspora. (5) The Government of the People’s Republic of China and the Chinese Communist Party employ an array of government entities, friendship and exchange organizations, private entities and businesspeople, and government-funded foundations, think tanks, educational and other projects to carry out political influence operations, which is often referred to as United Front work. (6) According to the U.S.-China Economic and Security Review Commission, China uses what it calls United Front work to co-opt and neutralize sources of potential opposition to the policies and authority of its ruling Chinese Communist Party… To carry out its influence activities abroad, the [United Front Work Department] directs overseas Chinese work, which seeks to co-opt ethnic Chinese individuals and communities living outside China, while a number of other key affiliated organizations guided by China’s broader United Front strategy conduct influence operations targeting foreign actors and states. (7) These political influence operations violate national sovereignty, and as such, are fundamentally different from traditional efforts by countries to shape international policy debates and improve their public image through public diplomacy and strategic communications campaigns. (8) The aims of the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party are— (A) to protect the political security of the Chinese Communist Party, or its ability to exercise an absolute monopoly on political power within the People’s Republic of China and to increasingly to dominate international politics regarding issues that the Chinese Communist Party deems important; (B) to domestically and globally promote the idea that the Chinese Communist Party’s political and economic model is superior to that of democracies; (C) to spread its governance model to other countries and to undermine democracy and free-market economies; (D) to promote the interests of the regime globally; (E) to weaken American alliances and partnerships by creating new divisions between them, or by exacerbating existing ones; and (F) to foment domestic social and political divisions, and to exacerbate existing ones, within democratic countries, including by undermining popular confidence in democracy and its essential institutions. (9) The political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party take advantage of the open and democratic nature of the United States, including— (A) constitutional protections for free speech and a free press; and (B) the desire of some companies or institutions to attract Chinese investment, gain access to Chinese markets, or attain greater global influence. (b) Sense of Congress It is the sense of Congress that— (1) the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party are not soft power intended to persuade, but sharp power intended— (A) to penetrate or corrupt democratic countries and undermine democratic institutions and freedoms; (B) to foster attitudes, behavior, laws, and policies favorable to the Government of the People’s Republic of China’s interest through disinformation, coercion, corruption, and other means; (C) to widen the scope of Chinese authoritarian influence around the world, including— (i) to suppress political opposition to the Chinese Communist Party; and (ii) to violate the internationally recognized human and civil rights of both Chinese and foreign citizens living in countries around the world; and (D) to undermine the strength of American alliances around the world; and (2) the people of the United States need reliable and current information— (A) to identify the key institutions, individuals, entities, and ministries that carry out such operations; and (B) to distinguish between malign political influence operations intended to undermine core American freedoms and democratic institutions, as opposed to legitimate cultural, educational, business, and people-to-people exchanges that may benefit the United States and China. (c) Statement of policy It is the policy of the United States— (1) to clearly differentiate between the Chinese people and culture and the Government of the People’s Republic of China and the Chinese Communist Party in official statements, media messaging, and policy; (2) to clearly differentiate between legal, internationally accepted public diplomacy and strategic communications campaigns and illicit activities to undermine democratic institutions or freedoms; (3) to protect United States citizens and legal residents from malign or coercive political influence operations; (4) to enhance cooperation and coordination with the United Kingdom, Australia, Canada, New Zealand, Japan, Taiwan, Singapore, and the members of the European Union, whose governments and institutions have faced acute pressure from the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party, and with other allies throughout the world; (5) to create strategies to ensure that countries in Africa, the Western Hemisphere, Southeast Asia, and elsewhere are aware of the People’s Republic of China’s sharp power tactics, including the Chinese Communist Party’s party-to-party training program, which is designed to instill admiration and emulation of Beijing’s governance model and weaken democracy in these regions, and provide needed capacity to counter them effectively; (6) to implement more advanced transparency requirements concerning collaboration with Chinese actors for media agencies, universities, think tanks, and government officials; (7) to use various forums to raise awareness about— (A) the goals and methods of the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party; and (B) common patterns and approaches used by Chinese intelligence agencies or related actors; (8) to require greater transparency for Confucius Institutes, think tanks, academic programs, and nongovernmental organizations funded primarily by the Government of the People’s Republic of China and the Chinese Communist Party, or by individuals or public or private organizations with a demonstrable affiliation with the Government of the People’s Republic of China and the Chinese Communist Party that are operating in the United States to register through the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ) or a comparable mechanism; (9) to seek ways to increase Chinese language proficiency among mid-career professionals that do not rely on funding linked to the Government of the People’s Republic of China; (10) to ensure that existing tools are sufficiently screening for the risk of Chinese influence operations; and (11) to create more flexible tools, as needed, with the goals of— (A) screening investments from the Government of the People’s Republic of China or sources backed by such government to protect against the takeover of United States companies by Chinese state-owned or state-driven entities; and (B) protecting institutions or business sectors critically important to United States national security and the viability of democratic institutions. 4. Strategy to counter “sharp power” political influence operations and To protect United States citizens (a) In general The Secretary of State and the Secretary of Homeland Security, in coordination with all relevant Federal agencies, shall develop a long-term strategy— (1) to carry out the policy set forth in section 3(c); (2) to effectively counter the sharp power political influence operations of the Chinese Communist Party globally and in the United States; (3) to ensure that United States citizens, particularly Chinese Americans and members of the Chinese, Uyghur, Mongolian, Korean, Taiwanese, and Tibetan diaspora who are often the victims and primary targets of malign political influence operations, are protected; (4) to ensure that— (A) the United States Government strategy to protect the communities described in paragraph (3) is clearly communicated by relevant Federal officials; and (B) secure outlets are created for reporting on intimidation and surveillance; (5) to ensure that Chinese nationals who are legally studying, living, or working temporarily in the United States know that intimidation or surveillance by the Government of the People’s Republic of China and the Chinese Communist Party is an unacceptable invasion of their rights while they reside in the United States; (6) to provide secure outlets for reporting on intimidation and surveillance; and (7) to identify new tools or authorities necessary to implement this strategy. (b) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, or an appropriate high-ranking official, shall— (1) submit an unclassified report, which may include a classified annex, containing the strategy required under subsection (a) to the appropriate congressional committees; or (2) describe the strategy required under subsection (a) through unclassified testimony before the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives . 5. Report on the political influence operations of the Government of China and the Communist Party of China (a) In general Because it is important for United States policymakers and the American people to be informed about the influence operations described in section 3, not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Director of National Intelligence, and in consultation with the heads of relevant Federal departments and agencies, shall submit an unclassified report, which may include a classified annex, to the appropriate congressional committees that describes the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party affecting the United States and select allies and partners, including the United Kingdom, Canada, Australia, New Zealand, Taiwan, and Japan, including efforts— (1) to exert influence over United States governmental or nongovernmental institutions or individuals, or government officials among United States allies and partners; (2) to coerce or threaten United States citizens or legal permanent residents or their families and associates living in China or elsewhere; (3) to undermine democratic institutions and the freedoms of speech, expression, the press, association, assembly, religion, or academic thought; (4) to otherwise suppress information in public fora, in the United States and abroad; or (5) to develop or obtain property, facilities, infrastructure, business entities, or other assets for use in facilitating the activities described in paragraphs (1) through (4). (b) Contents The report required under subsection (a) shall include recommendations for the President and Congress relating to— (1) the need for additional resources or authorities to counter political influence operations in the United States directed by the Government of the People’s Republic of China and the Chinese Communist Party, including operations carried out in concert with allies; (2) whether a permanent office to monitor and respond to political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party should be established within the Department of State or within the Office of the Director of National Intelligence; and (3) whether regular public reports on the political influence operations of the Government of the People’s Republic of China and the Chinese Communist Party are needed to inform Congress and the American people of the scale and scope of such operations.
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117-s-2607
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II 117th CONGRESS 1st Session S. 2607 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Padilla (for himself, Mr. Rubio , Mr. Cornyn , Mrs. Murray , Mr. Luján , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the former hostages of the Iran Hostage Crisis of 1979–1981, highlighting their resilience throughout the unprecedented ordeal that they lived through and the national unity it produced, marking 4 decades since their 444 days in captivity, and recognizing their sacrifice to the United States.
1. Short title This Act may be cited as the Iran Hostages Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) On January 20, 1981, United States diplomats, military personnel, and civilians were released after being held hostage for 444 days by militant student supporters of Iran’s Ayatollah Ruhollah Khomeini in a violation of international law. The individuals were taken from the United States Embassy in Tehran, Iran, and the ordeal came to be known as the Iran Hostage Crisis. (2) The hostages were subjected to intense physical and psychological torture throughout their captivity, such as mock executions, beatings, solitary confinement, and inhospitable living conditions. (3) Throughout their time held, the hostages were routinely told to denounce the United States and, when they refused, they were tortured, but remained strong in their spirit. (4) One hostage wrote Viva la roja, blanco, y azul , which translates to Long live the red, white, and blue , on the wall of his cell as a reminder of the values he swore to protect. (5) The hostages showed extraordinary courage by continually engaging in acts of resistance against their captors, such as by refusing to sign condemnations of the United States, in the face of gross violations of their human rights. (6) Many of the hostages still experience trauma as a result of the events of the crisis and deserve to have their suffering recognized. (7) While, as of the date of enactment of this Act, 35 of the hostages are living, it is important that the people of the United States reflect on the resilience and strength of the hostages, which serve as an example to current generations. (8) The people of the United States should— (A) acknowledge the hostages as heroes who— (i) experienced great tribulation; and (ii) endured, so that the people of the United States may know the blessing of living in the United States; and (B) strive to demonstrate the values shown by the hostages. (9) On January 22, 1981, President Jimmy Carter met with the hostages in West Germany and stated the following: One of the acts in my life which has been the most moving and gratifying in meeting with and discussing the future and the past with the now liberated Americans who were held hostage in Iran for so long. I pointed out to them that, since their capture by the Iranian terrorists and their being held in this despicable act of savagery, that the American people’s hearts have gone out to them and the Nation has been united as perhaps never before in history and that the prayers that have gone up from the people throughout the world to God for their safety have finally been answered. . (10) On January 28, 1981, when welcoming the hostages home, President Ronald Reagan stated the following: You’ve come home to a people who for 444 days suffered the pain of your imprisonment, prayed for your safety, and most importantly, shared your determination that the spirit of free men and women is not a fit subject for barter. You’ve represented under great stress the highest traditions of public service. Your conduct is symbolic of the millions of professional diplomats, military personnel, and others who have rendered service to their country. . (11) During the 444 days the brave hostages were held, the rest of the United States held its breath, waiting for news of the hostages. The United States hoped and prayed together, as one, for the hostages’ safe return. (12) Bruce Laingen, who served as United States Ambassador to Iran from 1979 to 1980 and was the highest ranking diplomat held hostage, summed up the experience by saying the following: Fifty-three Americans who will always have a love affair with this country and who join with you in a prayer of thanksgiving for the way in which this crisis has strengthened the spirit and resilience and strength that is the mark of a truly free society. . It is now the responsibility of the people of the United States to honor the spirit, resilience, and strength that the hostages displayed during their 444 days of imprisonment. (13) Now, more than 4 decades later, the United States continues to honor the hostages. The recipients of the award bestowed by this Act are heroes in every sense of the word. They are role models who wore their pride in the United States with esteem and have allowed for subsequent generations to appreciate the blessing of living in the United States. Today, as we mark 40 years since their release, the people of the United States acknowledge their endurance, strength, and contributions to seeing a more peaceful world. The hostages suffered for the United States and now it is the duty of the United States to recognize them for it. 3. Definition In this Act, the term hostage means a person of the United States who was taken captive on November 4, 1979, in Tehran, Iran, at the United States embassy and released on— (1) July 11, 1980; or (2) January 20, 1981. 4. Congressional Gold Medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the 53 hostages of the Iran Hostage Crisis, in recognition of their bravery and endurance throughout their captivity, which started on November 4, 1979, and lasted until January 21, 1981. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary, in consultation with the Secretary of State. (c) Smithsonian Institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the National Museum of American History of the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for loan, as appropriate, so that the medal may be displayed elsewhere. 5. Bronze duplicate medals (a) In general The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. (b) Proceeds of sales The amounts received from the sale of duplicate medals under subsection (a) shall be deposited in the United States Mint Public Enterprise Fund. 6. Authority to use Fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. 7. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 8. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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117-s-2608
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II 117th CONGRESS 1st Session S. 2608 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Grassley (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Attorney General to make grants to States that have in place a law providing for the rights of sexual assault survivors, and for other purposes.
1. Short title This Act may be cited as the Survivors’ Bill of Rights in the States Act of 2021 . 2. Incentives for States to create sexual assault survivors' bill of rights (a) In general The Attorney General shall make grants to States that have in place a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code. (b) Grant amount Subject to the availability of appropriations, a grant to a State under this section shall be equal to 10 percent of the average of the amount of funding of the 3 most recent awards that the State received under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10441 et seq. ) (commonly referred to as the STOP Violence Against Women Formula Grant Program ). (c) Application A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a). (d) Authorization of appropriations There is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2026 to carry out this section.
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117-s-2609
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II 117th CONGRESS 1st Session S. 2609 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mrs. Blackburn (for herself and Ms. Baldwin ) 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 ensure equitable payment for, and preserve Medicare beneficiary access to, diagnostic radiopharmaceuticals under the Medicare hospital outpatient prospective payment system.
1. Short title This Act may be cited as the Facilitating Innovative Nuclear Diagnostics Act of 2021 . 2. Separate payment for certain diagnostic radiopharmaceuticals (a) In general Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395(t)(16) ) is amended by adding at the end the following new subparagraph: (G) Separate payment for certain diagnostic radiopharmaceuticals (i) In general Notwithstanding any other provision of this subsection, with respect to services furnished on or after January 1, 2022, the Secretary shall not package, and shall make a separate payment as specified in clause (ii) for a diagnostic radiopharmaceutical (as defined in clause (v)) with an estimated mean per day product cost equal to or exceeding the threshold specified in clause (iii). (ii) Separate payment For purposes of clause (i), the separate payment specified in this subclause for a diagnostic radiopharmaceutical described in clause (i) shall be equal to— (I) the average sales price for the drug established under section 1847A, to the extent the average sales price is available, as calculated and adjusted by the Secretary to the extent such adjustment is adopted for other specified covered outpatient drugs under paragraph (14)(A); or (II) if the data necessary to calculate the average sales price for the drug in the year under the section and paragraph specified in subclause (I) is not available, the wholesale acquisition cost (as defined in subsection 1847A(c)(6)(B)), as calculated and adjusted by the Secretary to the extent such adjustment is adopted for other specified covered outpatient drugs under paragraph (14)(A), or, if the wholesale acquisition cost is not available, the mean unit cost data derived from hospital claims data. Nothing in this subparagraph shall be construed as affecting eligibility of diagnostic radiopharmaceuticals for pass-through payments under paragraph (6). (iii) Threshold For purposes of this subparagraph, the threshold specified in this clause— (I) for 2022, is $500; and (II) for a subsequent year, is the amount specified in this clause for the preceding year increased by the OPD fee schedule increase factor under paragraph (3)(C)(iv) for the year. (iv) Budget neutrality The Secretary shall make such adjustments as are necessary under paragraph (9)(B) to ensure that the amount of expenditures under this subsection for a year with application of this subparagraph is equal to the amount of expenditures that would be made under this subsection for such year without application of this subparagraph. (v) Definition of diagnostic radiopharmaceutical For purposes of this subparagraph, the term diagnostic radiopharmaceutical means a drug or biological that is described in section 315.2(a) of title 21, Code of Federal Regulations, or any successor regulation, and is approved by the Food and Drug Administration on or after January 1, 2008. . (b) No impact on copayment Section 1833(t)(8)(E) of the Social Security Act ( 42 U.S.C. 1395l(t)(8)(E) ) is amended— (1) in the heading, by inserting and separate payments for certain diagnostic radiopharmaceuticals after pass-through adjustments ; and (2) by inserting and paragraph (16)(G) after such adjustments) .
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https://www.govinfo.gov/content/pkg/BILLS-117s2609is/xml/BILLS-117s2609is.xml
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117-s-2610
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II Calendar No. 116 117th CONGRESS 1st Session S. 2610 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Warner , from the Select Committee on Intelligence , reported the following original bill; which was read twice and placed on the calendar A BILL To authorize appropriations for fiscal year 2022 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2022 . (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—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—General intelligence matters Subtitle A—Intelligence community matters Sec. 301. Increasing agricultural and commercial intelligence measures. Sec. 302. Plan for allowing contracts with providers of services relating to sensitive compartmented information facilities. Sec. 303. Plan to establish commercial geospatial intelligence data and services program office. Sec. 304. Investment strategy for commercial geospatial intelligence services acquisition. Sec. 305. Central Intelligence Agency Acquisition Innovation Center report, strategy, and plan. Sec. 306. Improving authorities relating to national counterintelligence and security. Sec. 307. Removal of Chief Information Officer of the Intelligence Community from level IV of the Executive Schedule. Sec. 308. Requirements relating to construction of facilities to be used primarily by intelligence community. Sec. 309. Director of National Intelligence support for intelligence community diversity, equity, inclusion, and accessibility activities. Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of the Intelligence Community. Sec. 311. Clarification of authority of National Reconnaissance Office. Sec. 312. Director of National Intelligence declassification review of information relating to terrorist attacks of September 11, 2001. Sec. 313. Establishment of Chaplain Corps of the Central Intelligence Agency. Sec. 314. Pilot program on recruitment and retention in Office of Intelligence and Analysis of the Department of the Treasury. Sec. 315. Pilot program on student loan repayment at Office of Intelligence and Analysis of Department of the Treasury. Sec. 316. Prohibition on collection and analysis of United States persons' information by intelligence community based on First Amendment-protected activities. Sec. 317. Sense of the Senate on the use of intelligence community resources for collection, assessment, and analysis of information pertaining exclusively to United States persons absent a foreign nexus. Subtitle B—Inspector General of the Intelligence Community Sec. 321. Submittal of complaints and information by whistleblowers in the intelligence community to Congress. Sec. 322. Definitions and authorities regarding whistleblower complaints and information of urgent concern received by Inspectors General of the intelligence community. Sec. 323. Harmonization of whistleblower protections. Sec. 324. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Subtitle C—Reports and assessments pertaining to the intelligence community Sec. 331. Report on efforts to build an integrated hybrid space architecture. Sec. 332. Report on Project Maven transition. Sec. 333. Assessment of intelligence community counternarcotics capabilities. Sec. 334. Assessment of intelligence community’s intelligence-sharing relationships with Latin American partners in counternarcotics. Sec. 335. Report on United States Southern Command intelligence capabilities. Sec. 336. Director of National Intelligence report on trends in technologies of strategic importance to United States. Sec. 337. Report on Nord Stream II companies and intelligence ties. Sec. 338. Assessment of Organization of Defensive Innovation and Research activities. Sec. 339. Report on intelligence community support to Visas Mantis program. Sec. 340. Plan for artificial intelligence digital ecosystem. Sec. 341. Study on utility of expanded personnel management authority. Sec. 342. Assessment of role of foreign groups in domestic violent extremism. Sec. 343. Report on the assessment of all-source cyber intelligence information, with an emphasis on supply chain risks. Sec. 344. Review of National Security Agency and United States Cyber Command. Sec. 345. Support for and oversight of Unidentified Aerial Phenomena Task Force. Sec. 346. Publication of unclassified appendices from reports on intelligence community participation in Vulnerabilities Equities Process. Sec. 347. Report on future structure and responsibilities of Foreign Malign Influence Center. Subtitle D—People's Republic of China Sec. 351. Assessment of posture and capabilities of intelligence community with respect to actions of the People's Republic of China targeting Taiwan. Sec. 352. Plan to cooperate with intelligence agencies of key democratic countries regarding technological competition with People's Republic of China. Sec. 353. Assessment of People's Republic of China genomic collection. Sec. 354. Updates to annual reports on influence operations and campaigns in the United States by the Chinese Communist Party. Sec. 355. Report on influence of People's Republic of China through Belt and Road Initiative projects with other countries. Sec. 356. Study on the creation of an official digital currency by the People's Republic of China. Sec. 357. Report on efforts of Chinese Communist Party to erode freedom and autonomy in Hong Kong. Sec. 358. Report on targeting of renewable sectors by China. TITLE IV—Anomalous health incidents Sec. 401. Definition of anomalous health incident. Sec. 402. Assessment and report on interagency communication relating to efforts to address anomalous health incidents. Sec. 403. Advisory panel on the Office of Medical Services of the Central Intelligence Agency. Sec. 404. Joint task force to investigate anomalous health incidents. Sec. 405. Reporting on occurrence of anomalous health incidents. Sec. 406. Access to certain facilities of United States Government for assessment of anomalous health conditions. TITLE V—Security clearances and trusted workforce Sec. 501. Exclusivity, consistency, and transparency in security clearance procedures, and right to appeal. Sec. 502. Federal policy on sharing of derogatory information pertaining to contractor employees in the trusted workforce. Sec. 503. Performance measures regarding timeliness for personnel mobility. Sec. 504. Governance of Trusted Workforce 2.0 initiative. TITLE VI—Other intelligence matters Sec. 601. National Technology Strategy. Sec. 602. Improvements relating to continuity of Privacy and Civil Liberties Oversight Board membership. Sec. 603. Air America. Sec. 604. Access by Comptroller General of the United States to certain cybersecurity records. Sec. 605. Reports on intelligence support for and capacity of the Sergeants at Arms of the Senate and the House of Representatives and the United States Capitol Police. Sec. 606. Study on vulnerability of Global Positioning System to hostile actions. Sec. 607. Authority for transportation of federally owned canines associated with force protection duties of intelligence community. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (2) Intelligence community The term intelligence community has the meaning given such term in such section. I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. (17) The Space Force. 102. Classified Schedule of Authorizations (a) Specifications of amounts The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (17) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany this Act. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2022 the sum of $615,600,000. (b) Classified authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2022 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency retirement and disability system 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2022. III General intelligence matters A Intelligence community matters 301. Increasing agricultural and commercial intelligence measures (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Agriculture, Nutrition, and Forestry, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Agriculture, the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (b) Report required Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with other appropriate Federal Government entities, shall submit to the appropriate committees of Congress a report detailing the options for the intelligence community to improve intelligence support to the Department of Agriculture and the Department of Commerce. (c) Form The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if necessary. 302. Plan for allowing contracts with providers of services relating to sensitive compartmented information facilities (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services of the Senate; and (3) the Committee on Armed Services of the House of Representatives. (b) Plan required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a plan for allowing elements of the intelligence community to contract with providers of services relating to sensitive compartmented information facilities for use of those facilities by businesses and organizations on contracts at multiple security levels. (c) Elements The plan required by subsection (b) shall include the following: (1) An explanation of how the Director of National Intelligence will leverage the contracting methodology the National Reconnaissance Office has used to provide leased sensitive compartmented information facility space to businesses and organizations. (2) Policy and budget guidance to incentivize Federal agencies to implement the plan required by subsection (b). 303. Plan to establish commercial geospatial intelligence data and services program office (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Plan required Not later than 90 days after the date of the enactment of this Act, the Director of the National Reconnaissance Office and the Director of the National Geospatial-Intelligence Agency, in consultation with the Director of National Intelligence, shall jointly develop and submit to the appropriate committees of Congress a plan to establish an office described in subsection (c). (c) Office described An office described in this subsection is a co-located joint commercial geospatial intelligence data and services program office at the National Geospatial-Intelligence Agency, the head of which shall be a representative from the National Geospatial-Intelligence Agency and the deputy head of which shall be a representative from the National Reconnaissance Office. (d) Contents The plan required by subsection (b) shall include the following: (1) Milestones for implementation of the plan. (2) An updated acquisition strategy that— (A) provides for an annual evaluation of new capabilities with opportunities to contract with or terminate use of commercial providers at least annually; and (B) considers efficiencies to be gained from closely coordinated acquisitions of geospatial intelligence data and services. (3) A plan for the establishment of a commercial geospatial intelligence data innovation fund equaling at least 10 percent of the total commercial data investment of the National Reconnaissance Office to enable the rapid procurement of data supporting emerging global mission requirements. 304. Investment strategy for commercial geospatial intelligence services acquisition (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Strategy required Not later than 90 days after the date of the enactment of this Act, the Director of the National Geospatial-Intelligence Agency, in consultation with the Director of National Intelligence and the Secretary of Defense, shall submit to the appropriate committees of Congress an investment strategy for the acquisition of commercial geospatial intelligence data services and analytics by the National Geospatial-Intelligence Agency. (c) Contents The strategy required by subsection (b) shall include the following: (1) A plan to increase purchases of unclassified geospatial intelligence data services and analytics to meet global mission requirements of the National Geospatial-Intelligence Agency while maximizing enterprise access agreements for procured data and services. (2) An articulation of the relationship between geospatial intelligence data and services and how such data and services are purchased, identifying in particular any challenges to procuring such services independent of the underlying data. 305. Central Intelligence Agency Acquisition Innovation Center report, strategy, and plan (a) Requirement for report and strategy Not later than 120 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees— (1) a report stating the mission and purpose of the Acquisition Innovation Center of the Agency; and (2) a strategy for incorporating the Acquisition Innovation Center into the standard operating procedures and procurement and acquisition practices of the Agency. (b) Requirement for implementation plan Not later than 120 days after the date of the enactment of this Act, the Director shall, using the findings of the Director with respect to the report submitted under subsection (a)(1), submit to the congressional intelligence committees an implementation plan that addresses— (1) how the Director will ensure the contracting officers of the Agency and the technical representatives of the Acquisition Innovation Center for the contracting officers have access to the technical expertise required to inform requirements development, technology maturity assessments, and monitoring of acquisitions; (2) how the plan specifically applies to technical industries, including telecommunications, software, aerospace, and large-scale construction; and (3) projections for resources necessary to support the Acquisition Innovation Center, including staff, training, and contracting support tools. 306. Improving authorities relating to national counterintelligence and security (a) Duties of the Director of the National Counterintelligence and Security Center Section 902(c) of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3382(c) ) is amended by adding at the end the following: (5) To organize and lead strategic planning for counterintelligence activities in support of National Counterintelligence Strategy objectives and other national counterintelligence priorities by integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities, within and among Federal agencies. . (b) Changes to the functions of the National Counterintelligence and Security Center (1) Evaluation of implementation of National Counterintelligence Strategy Paragraph (3) of section 904(d) of such Act ( 50 U.S.C. 3383(d) ) is amended to read as follows: (3) Implementation of National Counterintelligence Strategy To evaluate on an ongoing basis the implementation of the National Counterintelligence Strategy by the intelligence community and other appropriate elements of the United States Government and to submit to the President, the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), the National Security Council, the Director of the Office of Management and Budget, and the National Counterintelligence Policy Board periodic reports on such evaluation, including a discussion of any shortfalls in the implementation of the Strategy and recommendations for remedies for such shortfalls. . (2) National counterintelligence program budget Paragraph (5) of such section is amended— (A) in subparagraph (A)— (i) by inserting oversee and before coordinate ; and (ii) by inserting in furtherance of the National Counterintelligence Strategy and other strategic counterintelligence priorities before of the Department of Defense ; and (B) in subparagraph (C), by striking the National Security Council and inserting the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), the National Security Council, the Director of the Office of Management and Budget, and the National Counterintelligence Policy Board . (3) National counterintelligence outreach, watch, and warning (A) Counterintelligence vulnerability risk assessments Subparagraph (A) of paragraph (7) of such section is amended by striking surveys of the vulnerability of the United States Government, and the private sector, and inserting counterintelligence risk assessments and surveys of the vulnerability of the United States . (B) Outreach Subparagraph (B) of such paragraph is amended to read as follows: (B) Outreach (i) Outreach programs and activities To carry out and coordinate, consistent with other applicable provisions of law and in consultation with appropriate Federal departments and agencies, outreach programs and outreach activities on counterintelligence to other elements of the United States Government, State, local, and Tribal governments, foreign governments and allies of the United States, the private sector, and United States academic institutions. (ii) Public warnings To coordinate the dissemination to the public of warnings on intelligence threats to the United States. . 307. Removal of Chief Information Officer of the Intelligence Community from level IV of the Executive Schedule Section 5315 of title 5, United States Code, is amended by striking Chief Information Officer of the Intelligence Community . 308. Requirements relating to construction of facilities to be used primarily by intelligence community Section 602(a) of the Intelligence Authorization Act for Fiscal Year 1995 ( 50 U.S.C. 3304(a) ) is amended— (1) in paragraph (1), by striking $5,000,000 and inserting $6,000,000 ; and (2) in paragraph (2), by striking $5,000,000 and inserting $6,000,000 . 309. Director of National Intelligence support for intelligence community diversity, equity, inclusion, and accessibility activities (a) In general Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et. seq.) is amended by adding at the end the following: 1111. Support for intelligence community diversity, equity, inclusion, and accessibility activities (a) Definition of covered workforce activities In this section, the term covered workforce activities includes— (1) activities relating to the recruitment or retention of personnel in the workforce of the intelligence community; and (2) activities relating to the workforce of the intelligence community and diversity, equity, inclusion, or accessibility. (b) Authority to support covered workforce activities Notwithstanding any other provision of law and subject to the availability of appropriations made available to the Director of National Intelligence for covered workforce activities, the Director may, with or without reimbursement, support such covered workforce activities of the various elements of the intelligence community as the Director determines will benefit the intelligence community as a whole. . (b) Clerical amendment The table of contents at the beginning of such Act is amended by inserting after the item relating to section 1110 the following: Sec. 1111. Support for intelligence community diversity, equity, inclusion, and accessibility activities. . 310. Establishment of Diversity, Equity, and Inclusion Officer of the Intelligence Community (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 103J ( 50 U.S.C. 3034a ) the following: 103K. Diversity, Equity, and Inclusion Officer of the Intelligence Community (a) Diversity, equity, and inclusion officer of the intelligence community Within the Office of the Director of National Intelligence, there is a Diversity, Equity, and Inclusion Officer of the Intelligence Community who shall be appointed by the Director of National Intelligence. (b) Duties The Diversity, Equity, and Inclusion Officer of the Intelligence Community shall— (1) serve as the principal advisor to the Director of National Intelligence and the Principal Deputy Director of National Intelligence on diversity, equity, and inclusion in the intelligence community; (2) lead the development and implementation of strategies and initiatives to advance diversity, equity, and inclusion in the intelligence community; and (3) perform such other duties, consistent with paragraphs (1) and (2), as may be prescribed by the Director. (c) Annual reports to Congress Not less frequently than once each year, the Diversity, Equity, and Inclusion Officer of the Intelligence Community shall submit to the congressional intelligence communities a report on the implementation of the strategies and initiatives developed pursuant to subsection (b)(2) and the execution of related expenditures. (d) Prohibition on simultaneous service as other Diversity, Equity, and Inclusion or Equal Employment Opportunity Officer An individual serving in the position of Diversity, Equity, and Inclusion Officer of the Intelligence Community may not, while so serving, serve as either the Diversity, Equity, and Inclusion Officer or the Equal Employment Opportunity Officer of any other department or agency, or component thereof, of the United States Government. . (b) Clerical amendment The table of contents at the beginning of such Act is amended by inserting after the item relating to section 103J the following: Sec. 103K. Diversity, Equity, and Inclusion Officer of the Intelligence Community. . (c) Limitation None of the funds authorized to be appropriated by this Act may be used to increase the number of full-time equivalent employees of the Office of the Director of National Intelligence in order to carry out section 103K of such Act, as added by subsection (a). 311. Clarification of authority of National Reconnaissance Office Section 106A of the National Security Act of 1947 ( 50 U.S.C. 3041a ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): (d) Clarification of authority (1) Prohibition on transfer of elements No element of the National Reconnaissance Office may be transferred to the Space Force. (2) No effect on authorities Nothing in chapter 908 of title 10, United States Code, shall affect the authorities, duties, or responsibilities of the Director of the National Reconnaissance Office, including with respect to the authority of the Director to operate a unified organization to carry out the research, development, test, evaluation, acquisition, launch, deployment, and operations of overhead reconnaissance systems and related data processing facilities of the National Reconnaissance Office. . 312. Director of National Intelligence declassification review of information relating to terrorist attacks of September 11, 2001 (a) Declassification review required Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the heads of such other elements of the intelligence community as the Director of National Intelligence considers appropriate, commence a declassification review, which the Director of National Intelligence shall complete not later than 120 days after the date of the enactment of this Act, to determine what additional information relating to the terrorist attacks of September 11, 2001, can be appropriately declassified and shared with the public. (b) Information covered The information reviewed under subsection (a) shall include the following: (1) Information relating to the direction, facilitation, and other support provided to the individuals who carried out the terrorist attacks of September 11, 2001. (2) Information from Operation Encore and the PENTTBOM investigation of the Federal Bureau of Investigation. (c) Report Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the findings of the Director with respect to the declassification review conducted under subsection (a). 313. Establishment of Chaplain Corps of the Central Intelligence Agency The Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3501 et seq. ) is amended by adding at the end the following: 26. Chaplain Corps and Chief of Chaplains (a) Establishment of Chaplain Corps There is in the Agency a Chaplain Corps for the provision of spiritual or religious pastoral services. (b) Chief of Chaplains The head of the Chaplain Corps shall be the Chief of Chaplains, who shall be appointed by the Director. (c) Staff and administration (1) Staff The Director may appoint and fix the compensation of such staff of the Chaplain Corps as the Director considers appropriate, except that the Director may not— (A) appoint more than 10 full-time equivalent positions; or (B) provide basic pay to any member of the staff of the Chaplain Corps at an annual rate of basic pay in excess of the maximum rate of basic pay for grade GS–15 as provided in section 5332 of title 5, United States Code. (2) Administration The Director may— (A) reimburse members of the staff of the Chaplain Corps for work-related travel expenses; (B) provide security clearances to such members; and (C) furnish such physical workspace at the headquarters building of the Agency as the Director considers appropriate. . 314. Pilot program on recruitment and retention in Office of Intelligence and Analysis of the Department of the Treasury (a) Pilot program required The Assistant Secretary for Intelligence and Analysis in the Department of the Treasury shall carry out a pilot program to assess the feasibility and advisability of using adjustments of rates of pay to recruit and retain staff for high-demand positions in the Office of Intelligence and Analysis of the Department of the Treasury. (b) Duration The Assistant Secretary shall carry out the pilot program required by subsection (a) during the 4-year period beginning on the date of the enactment of this Act. (c) Additional pay Under the pilot program required by subsection (a), the Assistant Secretary shall, notwithstanding any provision of title 5, United States Code, governing the rates of pay or classification of employees in the executive branch, prescribe the rate of basic pay for financial and cyber intelligence analyst positions designated under subsection (d) at rates— (1) not greater than 130 percent of the maximum basic rate of pay and locality pay that such positions would otherwise be eligible for; and (2) not greater than the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. (d) Designated positions (1) In general Except as provided in paragraph (2), under the pilot program required by subsection (a), the Assistant Secretary shall designate not fewer than 5 percent and not more than 25 percent of the total number of positions in the Office, including positions to be filled by new hires, as financial or cyber intelligence analyst positions eligible for the additional pay under subsection (c). (2) Current employees The Assistant Secretary may designate under paragraph (1) a position filled by an employee who was employed in that position on the day before the date of the enactment of this Act only if the employee was in the top one-third of performance rankings for the position within the Office for the duration of the 2-year period ending on the date of the enactment of this Act. (e) Briefing on the pilot program Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for the duration of the period set forth in subsection (b), the Assistant Secretary shall provide the congressional intelligence committees and the Director of National Intelligence with a briefing on the pilot program required by subsection (a). (f) Report on the pilot program Not later than 180 days before the last day of the period set forth in subsection (b), the Assistant Secretary shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Director of National Intelligence a report on the effectiveness of the pilot program and recommendations on whether the pilot program should be extended, modified, or ended. (g) Recommendations of Director of National Intelligence Not later than 3 years after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees recommendations as to— (1) which, if any, other elements of the intelligence community would benefit from a program similar to the pilot program required by subsection (a); and (2) what, if any, modifications the Director would recommend for such elements. (h) Retention of prescribed rates of pay after termination of pilot program After the period set forth in subsection (b), the Assistant Secretary may continue to pay a person, who received pay during such period pursuant to a rate of basic pay prescribed under subsection (c), at a rate of basic pay not to exceed the rate of basic pay that was in effect for the person on the day before the last day of such period, until such time as the applicable rate of basic pay for the person under the General Schedule exceeds the rate of basic pay that was so in effect under subsection (c). 315. Pilot program on student loan repayment at Office of Intelligence and Analysis of Department of the Treasury (a) Pilot program (1) Establishment The Assistant Secretary for Intelligence and Analysis in the Department of the Treasury shall carry out a pilot program to assess the feasibility and advisability of using repayment of loans on behalf of persons that were used by the persons to finance education as a recruitment incentive for employment at the Office of Intelligence and Analysis of China specialists, data scientists, cyber specialists, and others with any other analytic or technical capabilities that are in high demand by the Office. (b) Loan repayments (1) In general Under the pilot program, the Assistant Secretary may repay the principal, interest, and related expenses of a loan obtained by a covered person to finance education. (2) Covered persons For purposes of paragraph (1), a covered person is a person who agrees to an offer from the Assistant Secretary to participate in the pilot program before beginning employment in the Office. (3) Limitation on total amount Under the pilot program, the Assistant Secretary may repay not more than $100,000 on behalf of any one person. (4) Limitation on annual amount of payments Under the pilot program, the Assistant Secretary may repay not more than $15,000 on behalf of any one person in any one fiscal year. (5) Timing and period of payments In repaying a loan of a person under the pilot program, the Assistant Secretary shall make payments— (A) on a monthly basis; and (B) only during the period beginning on the date on which the person begins employment with the Office and ending on the date on which the person leaves employment with the Office. (c) Duration The Assistant Secretary shall carry out the pilot program during the period of fiscal years 2022 through 2024. (d) Limitation on number of participants The total number of individuals receiving a loan repayment under the pilot program during any fiscal year may not exceed 10. (e) Administration (1) In general In carrying out the pilot program, the Assistant Secretary shall— (A) establish such requirements relating to the academic or specialized training of participants as the Assistant Secretary considers appropriate to ensure that participants are prepared for employment as intelligence analysts; and (B) periodically review the areas of high demand for particular analytic or technical capabilities and determine which academic areas of specialization may be most useful in addressing that demand. (2) Use of existing programs The Assistant Secretary shall assess the feasibility and advisability of administering the pilot program by leveraging student loan programs of the Department of the Treasury that were in effect on the day before the date of the enactment of this Act. (f) Reports (1) Preliminary report Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary shall submit to Congress a preliminary report on the pilot program, including a description of the pilot program and the authorities to be utilized in carrying out the pilot program. (2) Annual report (A) In general Not later than one year after the commencement of the pilot program and annually thereafter until the program ends, the Assistant Secretary shall submit to the congressional intelligence committees and the Director of National Intelligence a report on the pilot program. (B) Contents Each report submitted under subparagraph (A) shall include— (i) a description of the activities under the pilot program, including the number of individuals who participated in the pilot program; (ii) an assessment of the effectiveness of the pilot program as a recruitment tool; and (iii) such recommendations for legislative or administrative action as the Assistant Secretary considers appropriate in light of the pilot program. (3) Recommendations Not later than 2 years after the commencement of the pilot program, the Director of National Intelligence shall submit to the congressional intelligence committees the recommendations of the Director as to which, if any, other elements of the intelligence community would benefit from establishing a loan repayment program similar to the pilot program required by subsection (a), and what, if any, modifications the Director would recommend to the program if it were established. (g) Funding Of the amounts authorized to be appropriated by this Act, $1,300,000 shall be available until expended to carry out this section. Of such amounts— (1) $1,000,000 shall be available for repayment of loans; and (2) $300,000 shall be available for a period of 2 years during the pilot program to hire personnel to administer the pilot program. 316. Prohibition on collection and analysis of United States persons' information by intelligence community based on First Amendment-protected activities No element of the intelligence community may collect or analyze a United States person's information solely upon the basis of an activity protected by the First Amendment to the Constitution of the United States. 317. Sense of the Senate on the use of intelligence community resources for collection, assessment, and analysis of information pertaining exclusively to United States persons absent a foreign nexus It is the sense of the Senate that— (1) the Federal Bureau of Investigation and the Department of Homeland Security do vital work in enforcing the rule of law and safeguarding the people of the United States from harm; (2) the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 118 Stat. 3638) sought to facilitate greater information sharing between law enforcement and intelligence communities for the purpose of thwarting attacks on the homeland from international terrorist organizations; (3) National Intelligence Program funds should be expended only in support of intelligence activities with a foreign nexus consistent with the definition of intelligence provided by Congress in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); and (4) the intelligence community should not engage in the collection, assessment, or analysis of information that pertains exclusively to United States persons absent a foreign nexus. B Inspector General of the Intelligence Community 321. Submittal of complaints and information by whistleblowers in the intelligence community to Congress (a) Amendments to Inspector General Act of 1978 (1) Appointment of security officers Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) by redesignating subsection (h) as subsection (i); and (B) by inserting after subsection (g) the following: (h) Appointment of security officers Each Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (a)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to an employee of their respective establishment, an employee assigned or detailed to such establishment, or an employee of a contractor of such establishment who intends to report to Congress a complaint or information, so that such employee can obtain direction on how to report to Congress in accordance with appropriate security practices. . (2) Procedures Subsection (d) of such section is amended— (A) by amending paragraph (2) to read as follows: (2) (A) Except as provided in subparagraph (B), the employee may contact the intelligence committees directly as described in paragraph (1) of this subsection or in subsection (a)(4) only if the employee— (i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee's complaint or information and notice of the employee's intent to contact the intelligence committees directly; and (ii) (I) obtains and follows from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact the intelligence committees in accordance with appropriate security practices; or (II) obtains and follows such procedural direction from the applicable security officer appointed under subsection (h). (B) If an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact the intelligence committees directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to— (A) the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee; or (B) the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subsection (a) of such section is amended by adding at the end the following: (4) Subject to paragraphs (2) and (3) of subsection (d), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (A) in lieu of reporting such complaint or information under paragraph (1); or (B) in addition to reporting such complaint or information under paragraph (1). . (b) Amendments to National Security Act of 1947 (1) Appointment of security officers Section 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) ) is amended by adding at the end the following: (5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by subsection (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.). . (2) Procedures Subparagraph (D) of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) ) is amended— (A) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the congressional intelligence committees directly; and (bb) (AA) obtains and follows from the Director, through the Inspector General, procedural direction on how to contact the intelligence committees in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 8H(h) of the Inspector General Act of 1978 (5 U.S.C. App.). (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact the congressional intelligence committees directly without obtaining or following the procedural direction otherwise required under such subclause. ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to— (I) the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee; or (II) the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (A) in lieu of reporting such complaint or information under clause (i); or (B) in addition to reporting such complaint or information under clause (i). . (c) Amendments to the Central Intelligence Agency Act of 1949 (1) Appointment of security officers Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended by adding at the end the following: (I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by subsection (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.). . (2) Procedures Subparagraph (D) of such section is amended— (A) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact the intelligence committees directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the intelligence committees directly; and (bb) (AA) obtains and follows from the Director, through the Inspector General, procedural direction on how to contact the intelligence committees in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 8H(h) of the Inspector General Act of 1978 (5 U.S.C. App.). (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact the congressional intelligence committees directly without obtaining or following the procedural direction otherwise required under such subclause. ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to— (I) the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee; or (II) the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subparagraph (A) of such section is amended— (A) by inserting (i) before An employee of ; and (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (A) in lieu of reporting such complaint or information under clause (i); or (B) in addition to reporting such complaint or information under clause (i). . 322. Definitions and authorities regarding whistleblower complaints and information of urgent concern received by Inspectors General of the intelligence community (a) Definition of urgent concern (1) National Security Act of 1947 Section 103H(k)(5)(G)(i) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5)(G)(i) ) is amended by striking within the and all that follows through policy matters. and inserting the following: “of the Federal Government that is— (I) a matter of national security; and (II) not a difference of opinion concerning public policy matters. . (2) Inspector General Act of 1978 Paragraph (1)(A) of subsection (i) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.), as redesignated by section 321(a)(1)(A), is amended by striking involving and all that follows through policy matters. and inserting the following: “of the Federal Government that is— (i) a matter of national security; and (ii) not a difference of opinion concerning public policy matters. . (3) Central Intelligence Agency Act of 1949 Section 17(d)(5)(G)(i)(I) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5)(G)(i)(I) ) is amended by striking involving and all that follows through policy matters. and inserting the following: “of the Federal Government that is— (aa) a matter of national security; and (bb) not a difference of opinion concerning public policy matters. . (b) Authority of Inspectors General (1) Scope of authority of Inspector General of the Intelligence Community Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) ) is amended by adding at the end the following: (J) The Inspector General shall have authority over any complaint or information submitted to the Inspector General from an employee, detailee, or contractor, or former employee, detailee, or contractor, of the intelligence community. . (2) Authority of Inspector General of the Intelligence Community to determine matters of urgent concern Section 103H(k)(5)(G) of such Act ( 50 U.S.C. 3033(k)(5)(G) ) is amended— (A) in clause (i), as amended by subsection (a)(1), by resdesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively; (C) in the matter before subclause (I), as redesignated by subparagraph (B), by inserting (i) before In this ; and (D) by adding at the end the following: (ii) The Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern under this paragraph. . (3) Authority of Inspectors General to determine matters of urgent concern Subsection (i) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.), as redesignated by section 321(a)(1)(A), is amended— (A) in paragraph (1)— (i) in subparagraph (A), as amended by subsection (a)(2), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; and (ii) by redesignating paragraphs (A), (B), and (C) and clauses (i), (ii), and (iii), respectively; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (C) in the matter before subparagraph (A), as redesignated by subparagraph (B), by inserting (1) before In this ; and (D) by adding at the end the following: (2) The Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern under this section. . (4) Authority of Inspector General of Central Intelligence Agency to determine matters of urgent concern Section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5)(G) ) is amended— (A) in clause (i)— (i) in subclause (I), as amended by subsection (a)(3), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively; and (ii) by redesignating subclauses (I), (II), and (III) as items (aa), (bb), and (cc), respectively; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; and (C) in the matter before clause (I), as redesignated by subparagraph (B), by inserting (i) before In this ; and (D) by adding at the end the following: (ii) The Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern under this paragraph. . 323. Harmonization of whistleblower protections (a) Prohibited personnel practices in the intelligence community (1) Threats relating to personnel actions (A) Agency employees Section 1104(b) of the National Security Act of 1947 ( 50 U.S.C. 3234(b) ) is amended, in the matter preceding paragraph (1), by inserting , or threaten to take or fail to take, after take or fail to take . (B) Contractor employees Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ) is amended, in the matter preceding subparagraph (A), by inserting , or threaten to take or fail to take, after take or fail to take . (2) Protection for contractor employees against reprisal from agency employees Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ), as amended by paragraph (1)(B) of this subsection, is further amended, in the matter preceding subparagraph (A), by inserting of an agency or after Any employee . (3) Enforcement Subsection (d) of section 1104 of such Act ( 50 U.S.C. 3234 ) is amended to read as follows: (d) Enforcement The President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code. . (b) Retaliatory revocation of security clearances and access determinations (1) Enforcement Section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j) ) is amended— (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7) the following: (8) Enforcement Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code. . (2) Elimination of deadline for appeal of prohibited reprisal Section 3001(j)(4)(A) of such Act ( 50 U.S.C. 3341(j)(4)(A) ) is amended by striking within 90 days . (3) Elimination of cap on compensatory damages Section 3001(j)(4)(B) of such Act ( 50 U.S.C. 3341(j)(4)(B) ) is amended, in the second sentence, by striking not to exceed $300,000 . (4) Establishing process parity for adverse security clearance and access determinations Subparagraph (C) of section 3001(j)(4) of such Act ( 50 U.S.C. 3341(j)(4) ) is amended to read as follows: (C) Burdens of proof (i) In general Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual. (ii) Circumstantial evidence An individual under clause (i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— (I) the official making the determination knew of the disclosure; and (II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. (iii) Defense In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure. . (c) Correction of definition of agency Section 3001(a)(1)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a)(1)(B) ) is amended by striking and and inserting or . (d) Establishing consistency with respect to protections for disclosures of mismanagement (1) Security clearance and access determinations Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1) ) is amended— (A) in subparagraph (A)(ii), by striking gross mismanagement and inserting mismanagement ; and (B) in subparagraph (B)(ii), by striking gross mismanagement and inserting mismanagement . (2) Personnel actions against contractor employees Section 1104(c)(1)(B) of the National Security Act of 1947 ( 50 U.S.C. 3234(c)(1)(B) ) is amended by striking gross mismanagement and inserting mismanagement . (e) Protected disclosures to supervisors (1) Personnel actions (A) Disclosures by agency employees to supervisors Section 1104(b) of the National Security Act of 1947 ( 50 U.S.C. 3234(b) ), as amended by subsection (a)(1)(A), is further amended, in the matter preceding paragraph (1), by inserting a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including before the head of the employing agency . (B) Disclosures by contractor employees to supervisors Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ), as amended by subsection (a), is further amended, in the matter preceding subparagraph (A), by inserting a supervisor in the contractor employee's direct chain of command up to and including before the head of the contracting agency . (2) Security clearance and access determinations Section 3001(j)(1)(A) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1)(A) ) is amended, in the matter preceding clause (i), by inserting a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including before the head of the employing agency . (f) Establishing parity for protected disclosures Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— (1) in subsection (b), as amended by subsections (a)(1)(A) and (e)(1)(A)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right; (B) in the matter preceding subparagraph (A), as redesignated and moved by subparagraph (B) of this paragraph, by striking for a lawful disclosure and inserting the following: “for— (1) any lawful disclosure ; and (C) by adding at the end the following: (2) any lawful disclosure that complies with— (A) subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); (B) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or (C) subparagraphs (A), (D), and (I) of section 103H(k)(5); or (3) if the actions do not result in the employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— (A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (B) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or (C) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. ; and (2) in subsection (c)(1), as amended by subsections (a) and (e)(1)(B)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses, as so redesignated, 2 ems to the right; (B) in the matter preceding clause (i), as redesignated and moved by subparagraph (B) of this paragraph, by striking for a lawful disclosure and inserting the following: “for— (A) any lawful disclosure ; and (C) by adding at the end the following: (B) any lawful disclosure that complies with— (i) subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); (ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or (iii) subparagraphs (A), (D), and (I) of section 103H(k)(5); or (C) if the actions do not result in the contractor employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— (i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or (iii) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. . (g) Clarification relating to protected disclosures Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c) the following: (d) Rule of construction Consistent with the protection of sources and methods, nothing in subsection (b) or (c) shall be construed to authorize— (1) the withholding of information from Congress; or (2) the taking of any personnel action against an employee who lawfully discloses information to Congress. (e) Disclosures A disclosure shall not be excluded from this section because— (1) the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably believed to be covered under subsection (b)(1)(B) or the contractor employee reasonably believed to be covered under subsection (c)(1)(A)(ii); (2) the disclosure revealed information that had been previously disclosed; (3) the disclosure was not made in writing; (4) the disclosure was made while the employee was off duty; (5) of the amount of time which has passed since the occurrence of the events described in the disclosure; or (6) the disclosure was made during the normal course of duties of an employee or contractor employee. . (h) Correction relating to normal course disclosures Section 3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(3) ) is amended— (1) by striking Disclosures .— and all that follows through because— and inserting Disclosures .—A disclosure shall not be excluded from paragraph (1) because— ; (2) by striking subparagraph (B); (3) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; (4) in subparagraph (D), as so redesignated, by striking or at the end; (5) in subparagraph (E), as redesignated by paragraph (3), by striking the period at the end and inserting ; or ; and (6) by adding at the end the following: (F) the disclosure was made during the normal course of duties of an employee. . (i) Clarification relating to rule of construction Section 3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(2) ) is amended by inserting or clearance action after personnel action . (j) Clarification relating to prohibited practices (1) Intelligence Reform and Terrorism Prevention Act of 2004 Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1) ), as amended by this section, is further amended by striking over and inserting to take, materially impact, direct others to take, recommend, or approve . (2) National Security Act of 1947 (A) Agency employees Section 1104(b) of the National Security Act of 1947 ( 50 U.S.C. 3234(b) ), as amended by this section, is further amended by inserting materially impact, after authority to take, (B) Contractor employees Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ), as amended by this section, is further amended by inserting materially impact, after authority to take, . (k) Technical correction Section 3001(j)(1)(C)(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1)(C)(i) ) is amended by striking (h) and inserting (g) . (l) Report required Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report assessing the extent to which protections provided under Presidential Policy Directive 19 (relating to protecting whistleblowers with access to classified information) have been codified in statutes. 324. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community (a) In general Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— (1) in subsection (a)(3) of such section— (A) in subparagraph (I), by striking ; or and inserting a semicolon; (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee; or ; (2) by redesignating subsections (f) and (g), as redesignated by section 323(g)(1), as subsections (g) and (h), respectively; and (3) by inserting after subsection (e), as added by section 323(g)(2), the following: (f) Personnel actions involving disclosures of whistleblower identity A personnel action described in subsection (a)(3)(J) shall not be considered in violation of subsection (b) or (c) under the following circumstances: (1) The personnel action was taken with the express consent of the employee or contractor employee. (2) An Inspector General with oversight responsibility for a covered intelligence community element determines that— (A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) ), section 17(e)(3)(A) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(3)(A) ), or section 8M(b)(2)(B) of the Inspector General Act of 1978 (5 U.S.C. App.); (B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (C) the personnel action was required by statute or an order from a court of competent jurisdiction. . (b) Applicability to detailees Subsection (a) of section 1104 of such Act ( 50 U.S.C. 3234 ) is amended by adding at the end the following: (5) Employee The term employee , with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element. . (c) Private right of action for unlawful disclosure of whistleblower identity Subsection (g) of such section, as amended by subsection (a)(3) of section 323(a)(3), redesignated by subsection (g)(1) of such section, and further redesignated by subsection (a)(2) of this section, is amended to read as follows: (g) Enforcement (1) In general Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement To the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section. (3) Private right of action for disclosures of whistleblower identity in violation of prohibition against reprisals Subject to paragraph (4), in a case in which an employee of an agency takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection (b) or in a case in which an employee or contractor employee takes a personnel action described in subsection (a)(3)(J) against another contractor employee as a reprisal in violation of subsection (c), the employee or contractor employee against whom the personnel action was taken may, consistent with section 1221 of title 5, United States Code, bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, in an amount not to exceed $250,000, against the agency of the employee or contracting agency of the contractor employee who took the personnel action, in a Federal district court of competent jurisdiction. (4) Requirements (A) Review by inspector general and by external review panel Before the employee or contractor employee may bring a private action under paragraph (3), the employee or contractor employee shall exhaust administrative remedies by— (i) first, obtaining a disposition of their claim by requesting review of the appropriate inspector general; and (ii) second, submitting to the Inspector General of the Intelligence Community a request for a review of the claim by an external review panel under section 1106. (B) Period to bring action The employee or contractor employee may bring a private right of action under paragraph (3) during the 180-day period beginning on the date on which the employee or contractor employee is notified of the final disposition of their claim under section 1106. . C Reports and assessments pertaining to the intelligence community 331. Report on efforts to build an integrated hybrid space architecture (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Report required Not later than 180 days after the date of the enactment of this Act, and annually for 2 years thereafter, the Director of National Intelligence, in coordination with the Under Secretary of Defense for Intelligence and Security and the Director of the National Reconnaissance Office, shall submit to the appropriate committees of Congress a report on the efforts of the intelligence community to build an integrated hybrid space architecture that combines national and commercial capabilities and large and small satellites. (c) Elements The report required by subsection (b) shall include the following: (1) An assessment of how the integrated hybrid space architecture approach is being realized in the overhead architecture of the National Reconnaissance Office. (2) An assessment of the benefits to the mission of the National Reconnaissance Office and the cost of integrating capabilities from smaller, proliferated satellites and data from commercial satellites with the national technical means architecture. 332. Report on Project Maven transition (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Report required Not later than 120 days after the date of the enactment of this Act, the Director of the National Geospatial-Intelligence Agency, in consultation with such other Federal Government entities as the Director considers appropriate, shall submit to the appropriate committees of Congress a report on the transition of Project Maven to operational mission support. (c) Plan of action and milestones The report required by subsection (b) shall include a detailed plan of action and milestones that identifies— (1) the milestones and decision points leading up to the transition of successful geospatial intelligence capabilities developed under Project Maven to the National Geospatial-Intelligence Agency; and (2) the metrics of success regarding the transition described in paragraph (1) and mission support provided to the National Geospatial-Intelligence Agency for each of fiscal years 2022 and 2023. (d) Form The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 333. Assessment of intelligence community counternarcotics capabilities (a) Assessment required Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with such other Federal Government entities as the Director considers appropriate, submit to the congressional intelligence committees an assessment on the status of the intelligence community’s— (1) counternarcotics capabilities and resourcing with regard to intelligence collection and analysis; (2) operational support to foreign liaison partners; and (3) operational capacity to support the counternarcotics mission of the Federal Government. (b) Form The assessment required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 334. Assessment of intelligence community’s intelligence-sharing relationships with Latin American partners in counternarcotics (a) Assessment required Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with such other Federal Government entities as the Director considers appropriate, submit to the congressional intelligence committees an assessment on the intelligence-sharing relationships of the intelligence community with foreign partners in Latin America on counternarcotics matters. (b) Form The assessment required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 335. Report on United States Southern Command intelligence capabilities (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Report required Not later than 120 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency, in consultation with such other Federal Government entities as the Director considers relevant, shall submit to the appropriate committees of Congress a report detailing the status of United States Southern Command’s intelligence collection, analysis, and operational capabilities to support Latin America-based missions. (c) Form The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 336. Director of National Intelligence report on trends in technologies of strategic importance to United States (a) In general Not less frequently than once every 2 years until the date that is 4 years after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report assessing commercial and foreign trends in technologies the Director considers of strategic importance to the national and economic security of the United States. (b) Contents The report required by subsection (a) shall include the following: (1) A list of the top technology focus areas that the Director considers to be of the most strategic importance to the United States. (2) A list of the top technology focus areas in which countries that are adversarial to the United States are poised to match or surpass the technological leadership of the United States. (c) Form Each report submitted under subsection (a) may take the form of a National Intelligence Estimate and shall be submitted in classified form, but may include an unclassified summary. 337. Report on Nord Stream II companies and intelligence ties (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (b) Report required Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with other appropriate Federal Government entities, shall submit to the appropriate committees of Congress a report on Nord Stream II efforts, including: (1) an unclassified list of all companies supporting the Nord Stream II project; and (2) an updated assessment of current or former ties between Nord Stream’s Chief Executive Officer and Russian, East German, or other hostile intelligence agencies. (c) Form The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if necessary. 338. Assessment of Organization of Defensive Innovation and Research activities (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Assessment required Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with other appropriate Federal Government entities, shall submit to the appropriate committees of Congress an assessment of the activities and objectives of the Organization of Defensive Innovation and Research (SPND). This assessment shall include information about the composition of the organization, the relationship of its personnel to any research on weapons of mass destruction, and any sources of financial and material support that such organization receives, including from the Government of Iran. (c) Form The assessment required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if necessary. 339. Report on intelligence community support to Visas Mantis program (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and (3) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. (b) Report (1) In general Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of any other appropriate Government entity, shall submit to the appropriate committees of Congress a report on intelligence matters relating to the Visas Mantis program, including efforts by— (A) the intelligence community to provide and plan for effective intelligence support to such program; and (B) hostile intelligence services to exploit such program or any other program by which visas for admission to the United States are issued. (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex, as necessary. 340. Plan for artificial intelligence digital ecosystem (a) In general Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall— (1) develop a plan for the development and resourcing of a modern digital ecosystem that embraces state-of-the-art tools and modern processes to enable development, testing, fielding, and continuous updating of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge; and (2) submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the plan developed under paragraph (1). (b) Contents of plan At a minimum, the plan required by subsection (a) shall include the following: (1) A roadmap for adopting a hoteling model to allow trusted small- and medium-sized artificial intelligence companies access to classified facilities on a flexible basis. (2) An open architecture and an evolving reference design and guidance for needed technical investments in the proposed ecosystem that address issues, including common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure. (3) A governance structure, together with associated policies and guidance, to drive the implementation of the reference throughout the intelligence community on a federated basis. (4) Recommendations to ensure that use of artificial intelligence and associated data in Federal Government operations comport with rights relating to freedom of expression, equal protection, privacy, and due process. (c) Form The plan submitted under subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex. 341. Study on utility of expanded personnel management authority (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services of the Senate; and (3) the Committee on Armed Services of the House of Representatives. (b) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence and Security and the Director of National Intelligence shall jointly submit to the appropriate committees of Congress a study on the utility of providing elements of the intelligence community of the Department of Defense, other than the National Geospatial-Intelligence Agency, personnel management authority to attract experts in science and engineering under section 1599h of title 10, United States Code. 342. Assessment of role of foreign groups in domestic violent extremism (a) Assessment required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) complete an assessment to identify the role of foreign groups, including entities, adversaries, governments, or other groups, in domestic violent extremist activities in the United States; and (2) submit to the congressional intelligence committees the findings of the assessment completed under paragraph (1). (b) Form The findings submitted under subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex. 343. Report on the assessment of all-source cyber intelligence information, with an emphasis on supply chain risks (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the potential to strengthen all-source intelligence integration relating to foreign cyber threats, with an emphasis on cyber supply chain risks. (b) Contents The report required under subsection (a) shall include the following: (1) An assessment of the effectiveness of the all-source cyber intelligence integration capabilities of the Office of the Director of National Intelligence and recommendations for such changes as the Director considers necessary to strengthen those capabilities. (2) An assessment of the effectiveness of the Office of the Director of National Intelligence in analyzing and reporting on cyber supply chain risks, including efforts undertaken by the National Counterintelligence and Security Center. (3) Mitigation plans for any gaps or deficiencies identified in the assessments included under paragraphs (1) and (2). 344. Review of National Security Agency and United States Cyber Command (a) Review required Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community and the Inspector General of the Department of Defense shall jointly complete a review of the National Security Agency and the United States Cyber Command. (b) Elements The review required by subsection (a) shall include assessment of the following: (1) Whether resources, authorities, activities, missions, facilities, and personnel are appropriately being delineated and used to conduct the intelligence and cybersecurity missions at the National Security Agency as well as the cyber offense and defense missions of United States Cyber Command. (2) The extent to which current resource-sharing arrangements between the National Security Agency and United States Cyber Command lead to conflicts of interest in directing intelligence collection in support of United States Cyber Command missions rather than foreign intelligence collection. (3) The intelligence analysis and production conducted by United States Cyber Command using National Security Agency authorities, with a focus on analytic integrity and intelligence oversight to ensure proper analysis is informing mission operations. (c) Report and brief Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community and the Inspector General of the Department of Defense shall jointly submit to the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report and provide such committees a briefing on the findings of the inspectors general with respect to the review completed under subsection (a). 345. Support for and oversight of Unidentified Aerial Phenomena Task Force (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress includes: (A) The congressional intelligence committees. (B) The Committee on Armed Services of the Senate. (C) The Committee on Armed Services of the House of Representatives. (2) Unidentified Aerial Phenomena Task Force The term Unidentified Aerial Phenomena Task Force means the task force established by the Department of Defense on August 4, 2020, to be led by the Department of the Navy, under the Office of the Under Secretary of Defense for Intelligence and Security. (b) Availability of data on unidentified aerial phenomena The Director of National Intelligence and the Secretary of Defense shall each, in coordination with each other, require each element of the intelligence community and the Department of Defense with data relating to unidentified aerial phenomena to make such data available immediately to the Unidentified Aerial Phenomena Task Force and to the National Air and Space Intelligence Center. (c) Quarterly reports to Congress (1) In general Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter, the Unidentified Aerial Phenomena Task Force, or such other entity as the Deputy Secretary of Defense may designate to be responsible for matters relating to unidentified aerial phenomena, shall submit to the appropriate committees of Congress quarterly reports on the findings of the Unidentified Aerial Phenomena Task Force, or such other designated entity as the case may be. (2) Contents Each report submitted under paragraph (1) shall include, at a minimum, the following: (A) All reported unidentified aerial phenomena-related events that occurred during the previous 90 days. (B) All reported unidentified aerial phenomena-related events that occurred during a time period other than the previous 90 days but were not included in an earlier report. (3) Form Each report submitted under paragraph (1) shall be submitted in classified form. 346. Publication of unclassified appendices from reports on intelligence community participation in Vulnerabilities Equities Process Section 6720(c) of the National Defense Authorization Act for Fiscal Year 2020 ( 50 U.S.C. 3316a(c) ) is amended by adding at the end the following: (4) Publication The Director of National Intelligence shall make available to the public each unclassified appendix submitted with a report under paragraph (1) pursuant to paragraph (2). . 347. Report on future structure and responsibilities of Foreign Malign Influence Center (a) Assessment and report required Not later than one year after the date of the enactment of this Act, the Director of National Intelligence shall— (1) conduct an assessment as to the future structure and responsibilities of the Foreign Malign Influence Center; and (2) submit to the congressional intelligence committees a report on the findings of the Director with respect to the assessment conducted under paragraph (1). (b) Elements The assessment conducted under subsection (a)(1) shall include an assessment of whether— (1) the Director of the Foreign Malign Influence Center should continue to report directly to the Director of National Intelligence; or (2) the Foreign Malign Influence Center should become an element of the National Counterintelligence and Security Center and the Director of the Foreign Malign Influence Center should report to the Director of the National Counterintelligence and Security Center. D People's Republic of China 351. Assessment of posture and capabilities of intelligence community with respect to actions of the People's Republic of China targeting Taiwan (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Assessment required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly— (1) complete an assessment to identify whether the posture and capabilities of the intelligence community are adequate to provide— (A) sufficient indications and warnings regarding actions of the People's Republic of China targeting Taiwan; and (B) policymakers with sufficient lead time to respond to actions described in subparagraph (A); and (2) submit to the appropriate committees of Congress the findings of the assessment completed under paragraph (1). (c) Form The findings submitted under subsection (b)(2) shall be submitted in unclassified form, but may include a classified annex. 352. Plan to cooperate with intelligence agencies of key democratic countries regarding technological competition with People's Republic of China Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a plan to increase cooperation with the intelligence agencies of key democratic countries and key partners and allies of the United States in order to track and analyze the following: (1) Technology capabilities and gaps among allied and partner countries of the United States. (2) Current capabilities of the People's Republic of China in critical technologies and components. (3) The efforts of the People's Republic of China to buy startups, conduct joint ventures, and invest in specific technologies globally. (4) The technology development of the People's Republic of China in key technology sectors. (5) The efforts of the People's Republic of China relating to standard-setting forums. (6) Supply chain vulnerabilities for key technology sectors. 353. Assessment of People's Republic of China genomic collection (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and (3) the Committee on Armed Services, the Committee on Labor and Education, and the Committee on Foreign Affairs of the House of Representatives. (b) Assessment required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with other appropriate Federal Government entities, shall submit to the appropriate committees of Congress an assessment of the People’s Republic of China’s plans, intentions, capabilities, and resources devoted to biotechnology, and the objectives underlying those activities. The assessment shall include— (1) a detailed analysis of efforts undertaken by the People's Republic of China (PRC) to acquire foreign-origin biotechnology, research and development, and genetic information, including technology owned by United States companies, research by United States institutions, and the genetic information of United States citizens; (2) identification of PRC-based organizations conducting or directing these efforts, including information about the ties between those organizations and the PRC government, the Chinese Communist Party, or the People’s Liberation Army; and (3) a detailed analysis of the intelligence community resources devoted to biotechnology, including synthetic biology and genomic-related issues, and a plan to improve understanding of these issues and ensure the intelligence community has the requisite expertise. (c) Form The assessment required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if necessary. 354. Updates to annual reports on influence operations and campaigns in the United States by the Chinese Communist Party Section 1107(b) of the National Security Act of 1947 ( 50 U.S.C. 3237(b) ) is amended— (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following: (9) A listing of all known Chinese talent recruitment programs operating in the United States as of the date of the report. . 355. Report on influence of People's Republic of China through Belt and Road Initiative projects with other countries (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on recent projects negotiated by the People's Republic of China with other countries as part of the Belt and Road Initiative of the People's Republic of China. Such report shall include information about the types of such projects, costs of such projects, and the potential national security implications of such projects. (b) Form The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 356. Study on the creation of an official digital currency by the People's Republic of China (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (3) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (b) In general Not later than one year after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on the short-, medium-, and long-term national security risks associated with the creation and use of the official digital renminbi of the People’s Republic of China, including— (1) risks arising from potential surveillance of transactions; (2) risks related to security and illicit finance; and (3) risks related to economic coercion and social control by the People’s Republic of China. (c) Form of report The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 357. Report on efforts of Chinese Communist Party to erode freedom and autonomy in Hong Kong (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on efforts of the Chinese Communist Party to stifle political freedoms in Hong Kong, influence or manipulate the judiciary of Hong Kong, destroy freedom of the press and speech in Hong Kong, and take actions to otherwise undermine the democratic processes of Hong Kong. (b) Contents The report submitted under subsection (a) shall include an assessment of the implications of the efforts of the Chinese Communist Party described in such subsection for international business, investors, academic institutions, and other individuals operating in Hong Kong. (c) Form The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 358. Report on targeting of renewable sectors by China (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report assessing the efforts and advancements of China in the wind power, solar power, and electric vehicle battery production sectors (or key components of such sectors). (b) Contents The report submitted under subsection (a) shall include the following: (1) An assessment of how China is targeting rare earth minerals and the effect of such targeting on the sectors described in subsection (a). (2) Details of the use by the Chinese Communist Party of state-sanctioned forced labor schemes, including forced labor and the transfer of Uyghurs and other ethnic groups, and other human rights abuses in such sectors. (c) Form The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. IV Anomalous health incidents 401. Definition of anomalous health incident In this title, the term anomalous health incident means an unexplained health event characterized by any of a collection of symptoms and clinical signs that includes the sudden onset of perceived loud sound, a sensation of intense pressure or vibration in the head, possibly with a directional character, followed by the onset of tinnitus, hearing loss, acute disequilibrium, unsteady gait, visual disturbances, and ensuing cognitive dysfunction. 402. Assessment and report on interagency communication relating to efforts to address anomalous health incidents (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) conduct an assessment of how the various elements of the intelligence community are coordinating or collaborating with each other and with elements of the Federal Government that are not part of the intelligence community in their efforts to address anomalous health incidents; and (2) submit to the congressional intelligence committees a report on the findings of the Director with respect to the assessment conducted under paragraph (1). (b) Form The report submitted pursuant to subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex. 403. Advisory panel on the Office of Medical Services of the Central Intelligence Agency (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall establish, under the sponsorship of the National Institutes of Health and such other entities as the Director considers appropriate, an advisory panel to assess the capabilities, expertise, and qualifications of the Office of Medical Services of the Central Intelligence Agency in relation to the care and health management of personnel of the intelligence community who are reporting symptoms consistent with anomalous health incidents. (b) Membership (1) In general The advisory panel shall be composed of at least 9 individuals selected by the Director of National Intelligence from among individuals who are recognized experts in the medical profession and intelligence community. (2) Diversity In making appointments to the advisory panel, the Director shall ensure that the members of the panel reflect diverse experiences in the public and private sectors. (c) Duties The duties of the advisory panel established under subsection (a) are as follows: (1) To review the performance of the Office of Medical Services of the Central Intelligence Agency, specifically as it relates to the medical care of personnel of the intelligence community who are reporting symptoms consistent with anomalous health incidents during the period beginning on January 1, 2016, and ending on December 31, 2021. (2) To assess the policies and procedures that guided external treatment referral practices for Office of Medical Services patients who reported symptoms consistent with anomalous health incidents during the period described in paragraph (1). (3) To develop recommendations regarding capabilities, processes, and policies to improve patient treatment by the Office of Medical Services with regard to anomalous health incidents, including with respect to access to external treatment facilities and specialized medical care. (4) To prepare and submit a report as required by subsection (e)(1). (d) Administrative matters (1) In general The Director of the Central Intelligence Agency shall provide the advisory panel established pursuant to subsection (a) with timely access to appropriate information, data, resources, and analysis so that the advisory panel may carry out the duties of the advisory panel under subsection (c). (2) Inapplicability of FACA The requirements of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory panel established pursuant to subsection (a). (e) Reports (1) Final report Not later than 1 year after the date on which the Director of National Intelligence establishes the advisory panel pursuant to subsection (a), the advisory panel shall submit to the Director of National Intelligence, the Director of the Central Intelligence Agency, and the congressional intelligence committees a final report on the activities of the advisory panel under this section. (2) Elements The final report submitted under paragraph (1) shall contain a detailed statement of the findings and conclusions of the panel, including— (A) a history of anomalous health incidents; and (B) such additional recommendations for legislation or administrative action as the advisory panel considers appropriate. (3) Interim report or briefing Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report or provide such committees a briefing on the interim findings of the advisory panel with respect to the elements set forth in paragraph (2). (4) Comments of the Director of National Intelligence Not later than 30 days after receiving the final report of the advisory panel under paragraph (1), the Director of National Intelligence shall submit to the congressional intelligence committees such comments as the Director may have with respect to such report. 404. Joint task force to investigate anomalous health incidents (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (b) Joint task force required The Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly establish a task force to investigate anomalous health incidents. (c) Consultation In carrying out an investigation under subsection (b), the task force established under such subsection shall consult with the Secretary of Defense. (d) Report to Congress (1) In general Not later than 1 year after the date of the enactment of this Act, the task force established under subsection (b) shall complete the investigation required by such subsection and submit to the appropriate committees of Congress a written report on the findings of the task force with respect to such investigation. (2) Form The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 405. Reporting on occurrence of anomalous health incidents (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Appropriations of the Senate; and (3) the Committee on Appropriations of the House of Representatives. (b) In general Whenever the head of an element of the intelligence community becomes aware of a report of an anomalous health incident occurring among the employees or contractors of the element, the head of the element shall submit to the appropriate committees of Congress a brief report on the reported incident. 406. Access to certain facilities of United States Government for assessment of anomalous health conditions (a) Assessment The Director of National Intelligence shall ensure that elements of the intelligence community provide to employees of elements of the intelligence community and their family members who are experiencing symptoms of anomalous health conditions timely access for medical assessment to facilities of the United States Government with expertise in traumatic brain injury. (b) Process for assessment and treatment The Director of National Intelligence shall coordinate with the Secretary of Defense and the heads of such Federal agencies as the Director considers appropriate to ensure there is a process to provide employees and their family members described in subsection (a) with timely access to the National Intrepid Center of Excellence at Walter Reed National Military Medical Center for assessment and, if necessary, treatment, by not later than 60 days after the date of the enactment of this Act. V Security clearances and trusted workforce 501. Exclusivity, consistency, and transparency in security clearance procedures, and right to appeal (a) Exclusivity of procedures Section 801 of the National Security Act of 1947 ( 50 U.S.C. 3161 ) is amended by adding at the end the following: (c) Exclusivity Except as provided in subsection (b) and subject to sections 801A and 801B, the procedures established pursuant to subsection (a) and promulgated and set forth under part 2001 of title 32, Code of Federal Regulations, or successor regulations, shall be the exclusive procedures by which decisions about eligibility for access to classified information are governed. . (b) Transparency Such section is further amended by adding at the end the following: (d) Publication (1) In general Not later than 180 days after the date of the enactment of this subsection, the President shall— (A) publish in the Federal Register the procedures established pursuant to subsection (a); or (B) submit to Congress a certification that the procedures currently in effect that govern access to classified information as described in subsection (a)— (i) are published in the Federal Register; and (ii) comply with the requirements of subsection (a). (2) Updates Whenever the President makes a revision to a procedure established pursuant to subsection (a), the President shall publish such revision in the Federal Register not later than 30 days before the date on which the revision becomes effective. . (c) Consistency (1) In general Title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ) is amended by inserting after section 801 the following: 801A. Decisions relating to access to classified information (a) Definitions In this section: (1) Agency The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Classified Information The term classified information includes sensitive compartmented information, restricted data, restricted handling information, and other compartmented information. (3) Eligibility for access to classified information The term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section 801(a). (b) In general Each head of an agency that makes a determination regarding eligibility for access to classified information shall ensure that in making the determination, the head of the agency or any person acting on behalf of the head of the agency— (1) does not violate any right or protection enshrined in the Constitution of the United States, including rights articulated in the First, Fifth, and Fourteenth Amendments; (2) does not discriminate for or against an individual on the basis of race, ethnicity, color, religion, sex, national origin, age, or handicap; (3) is not carrying out— (A) retaliation for political activities or beliefs; or (B) a coercion or reprisal described in section 2302(b)(3) of title 5, United States Code; and (4) does not violate section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1) ). . (2) Clerical amendment The table of contents in the matter preceding section 2 of the National Security Act of 1947 ( 50 U.S.C. 3002 ) is amended by inserting after the item relating to section 801 the following: Sec. 801A. Decisions relating to access to classified information. . (d) Right to appeal (1) In general Such title, as amended by subsection (c), is further amended by inserting after section 801A the following: 801B. Right to appeal (a) Definitions In this section: (1) Agency The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Covered person The term covered person means a person, other than the President and Vice President, currently or formerly employed in, detailed to, assigned to, or issued an authorized conditional offer of employment for a position that requires access to classified information by an agency, including the following: (A) A member of the Armed Forces. (B) A civilian. (C) An expert or consultant with a contractual or personnel obligation to an agency. (D) Any other category of person who acts for or on behalf of an agency as determined by the head of the agency. (3) Eligibility for access to classified information The term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section 801(a). (4) Need for access The term need for access has such meaning as the President may define in the procedures established pursuant to section 801(a). (5) Reciprocity of clearance The term reciprocity of clearance , with respect to a denial by an agency, means that the agency, with respect to a covered person— (A) failed to accept a security clearance background investigation as required by paragraph (1) of section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(d) ); (B) failed to accept a transferred security clearance background investigation required by paragraph (2) of such section; (C) subjected the covered person to an additional investigative or adjudicative requirement in violation of paragraph (3) of such section; or (D) conducted an investigation in violation of paragraph (4) of such section. (6) Security Executive Agent The term Security Executive Agent means the officer serving as the Security Executive Agent pursuant to section 803. (b) Agency review (1) In general Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2022 , each head of an agency shall, consistent with the interests of national security, establish and publish in the Federal Register a process by which a covered person to whom eligibility for access to classified information was denied or revoked by the agency or for whom reciprocity of clearance was denied by the agency can appeal that denial or revocation within the agency. (2) Elements The process required by paragraph (1) shall include the following: (A) In the case of a covered person to whom eligibility for access to classified information or reciprocity of clearance is denied or revoked by an agency, the following: (i) The head of the agency shall provide the covered person with a written— (I) detailed explanation of the basis for the denial or revocation as the head of the agency determines is consistent with the interests of national security and as permitted by other applicable provisions of law; and (II) notice of the right of the covered person to a hearing and appeal under this subsection. (ii) Not later than 30 days after receiving a request from the covered person for copies of the documents that formed the basis of the agency's decision to revoke or deny, including the investigative file, the head of the agency shall provide to the covered person copies of such documents as— (I) the head of the agency determines is consistent with the interests of national security; and (II) permitted by other applicable provisions of law, including— (aa) section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); (bb) section 552a of such title (commonly known as the Privacy Act of 1974 ); and (cc) such other provisions of law relating to the protection of confidential sources and privacy of individuals. (iii) (I) The covered person shall have the opportunity to retain counsel or other representation at the covered person’s expense. (II) Upon the request of the covered person, and a showing that the ability to review classified information is essential to the resolution of an appeal under this subsection, counsel or other representation retained under this clause shall be considered for access to classified information for the limited purposes of such appeal. (iv) (I) The head of the agency shall provide the covered person an opportunity, at a point in the process determined by the agency head— (aa) to appear personally before an adjudicative or other authority, other than the investigating entity, and to present to such authority relevant documents, materials, and information, including evidence that past problems relating to the denial or revocation have been overcome or sufficiently mitigated; and (bb) to call and cross-examine witnesses before such authority, unless the head of the agency determines that calling and cross-examining witnesses is not consistent with the interests of national security. (II) The head of the agency shall make, as part of the security record of the covered person, a written summary, transcript, or recording of any appearance under item (aa) of subclause (I) or of any calling or cross-examining of witnesses under item (bb) of such subclause. (v) On or before the date that is 30 days after the date on which the covered person receives copies of documents under clause (ii), the covered person may request a hearing of the decision to deny or revoke by filing a written appeal with the head of the agency. (B) A requirement that each review of a decision under this subsection is completed on average not later than 180 days after the date on which a hearing is requested under subparagraph (A)(v). (3) Agency review panels (A) In general Each head of an agency shall establish a panel to hear and review appeals under this subsection. (B) Membership (i) Composition Each panel established by the head of an agency under subparagraph (A) shall be composed of at least 3 employees of the agency selected by the agency head, two of whom shall not be members of the security field. (ii) Terms A term of service on a panel established by the head of an agency under subparagraph (A) shall not exceed 2 years. (C) Decisions (i) Written Each decision of a panel established under subparagraph (A) shall be in writing and contain a justification of the decision. (ii) Consistency Each head of an agency that establishes a panel under subparagraph (A) shall ensure that each decision of the panel is consistent with the interests of national security and applicable provisions of law. (iii) Overturn The head of an agency may overturn a decision of the panel if, not later than 30 days after the date on which the panel issues the decision, the agency head personally exercises the authority granted by this clause to overturn such decision. (iv) Finality Each decision of a panel established under subparagraph (A) or overturned pursuant to clause (iii) of this subparagraph shall be final but subject to appeal and review under subsection (c). (D) Access to classified information The head of an agency that establishes a panel under subparagraph (A) shall afford access to classified information to the members of the panel as the agency head determines— (i) necessary for the panel to hear and review an appeal under this subsection; and (ii) consistent with the interests of national security. (4) Representation by counsel (A) In general Each head of an agency shall ensure that, under this subsection, a covered person appealing a decision of the head's agency under this subsection has an opportunity to retain counsel or other representation at the covered person’s expense. (B) Access to classified information (i) In general Upon the request of a covered person appealing a decision of an agency under this subsection and a showing that the ability to review classified information is essential to the resolution of the appeal under this subsection, the head of the agency shall sponsor an application by the counsel or other representation retained under this paragraph for access to classified information for the limited purposes of such appeal. (ii) Extent of access Counsel or another representative who is cleared for access under this subparagraph may be afforded access to relevant classified materials to the extent consistent with the interests of national security. (5) Corrective action If, in the course of proceedings under this subsection, the head of an agency or a panel established by the agency head under paragraph (3) decides that a covered person's eligibility for access to classified information was improperly denied or revoked by the agency, the agency shall take corrective action to return the covered person, as nearly as practicable and reasonable, to the position such covered person would have held had the improper denial or revocation not occurred. (6) Publication of decisions (A) In general Each head of an agency shall publish each final decision on an appeal under this subsection. (B) Requirements In order to ensure transparency, oversight by Congress, and meaningful information for those who need to understand how the clearance process works, each publication under subparagraph (A) shall be— (i) made in a manner that is consistent with section 552 of title 5, United States Code, as amended by the Electronic Freedom of Information Act Amendments of 1996 ( Public Law 104–231 ); (ii) published to explain the facts of the case, redacting personally identifiable information and sensitive program information; and (iii) made available on a website that is searchable by members of the public. (c) Higher level review (1) Panel (A) Establishment Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2022 , the Security Executive Agent shall establish a panel to review decisions made on appeals pursuant to the processes established under subsection (b). (B) Scope of review and jurisdiction After the initial review to verify grounds for appeal, the panel established under subparagraph (A) shall review such decisions only— (i) as they relate to violations of section 801A(b); or (ii) to the extent to which an agency properly conducted a review of an appeal under subsection (b). (C) Composition The panel established pursuant to subparagraph (A) shall be composed of three individuals selected by the Security Executive Agent for purposes of the panel, of whom at least one shall be an attorney. (2) Appeals and timeliness (A) Appeals (i) Initiation On or before the date that is 30 days after the date on which a covered person receives a written decision on an appeal under subsection (b), the covered person may initiate oversight of that decision by filing a written appeal with the Security Executive Agent. (ii) Filing A written appeal filed under clause (i) relating to a decision of an agency shall be filed in such form, in such manner, and containing such information as the Security Executive Agent may require, including— (I) a description of— (aa) any alleged violations of section 801A(b) relating to the denial or revocation of the covered person's eligibility for access to classified information; and (bb) any allegations of how the decision may have been the result of the agency failing to properly conduct a review under subsection (b); and (II) supporting materials and information for the allegations described under subclause (I). (B) Timeliness The Security Executive Agent shall ensure that, on average, review of each appeal filed under this subsection is completed not later than 180 days after the date on which the appeal is filed. (3) Decisions and remands (A) In general If, in the course of reviewing under this subsection a decision of an agency under subsection (b), the panel established under paragraph (1) decides that there is sufficient evidence of a violation of section 801A(b) to merit a new hearing or decides that the decision of the agency was the result of an improperly conducted review under subsection (b), the panel shall vacate the decision made under subsection (b) and remand to the agency by which the covered person shall be eligible for a new appeal under subsection (b). (B) Written decisions Each decision of the panel established under paragraph (1) shall be in writing and contain a justification of the decision. (C) Consistency The panel under paragraph (1) shall ensure that each decision of the panel is consistent with the interests of national security and applicable provisions of law. (D) Finality (i) In general Except as provided in clause (ii), each decision of the panel established under paragraph (1) shall be final. (ii) Overturn The Security Executive Agent may overturn a decision of the panel if, not later than 30 days after the date on which the panel issues the decision, the Security Executive Agent personally exercises the authority granted by this clause to overturn such decision. (E) Nature of remands In remanding a decision under subparagraph (A), the panel established under paragraph (1) may not direct the outcome of any further appeal under subsection (b). (F) Notice of decisions For each decision of the panel established under paragraph (1) regarding a covered person, the Security Executive Agent shall provide the covered person with a written notice of the decision that includes a detailed description of the reasons for the decision, consistent with the interests of national security and applicable provisions of law. (4) Representation by counsel (A) In general The Security Executive Agent shall ensure that, under this subsection, a covered person appealing a decision under subsection (b) has an opportunity to retain counsel or other representation at the covered person’s expense. (B) Access to classified information (i) In general Upon the request of the covered person and a showing that the ability to review classified information is essential to the resolution of an appeal under this subsection, the Security Executive Agent shall sponsor an application by the counsel or other representation retained under this paragraph for access to classified information for the limited purposes of such appeal. (ii) Extent of access Counsel or another representative who is cleared for access under this subparagraph may be afforded access to relevant classified materials to the extent consistent with the interests of national security. (5) Access to documents and employees (A) Affording access to members of panel The Security Executive Agent shall afford access to classified information to the members of the panel established under paragraph (1)(A) as the Security Executive Agent determines— (i) necessary for the panel to review a decision described in such paragraph; and (ii) consistent with the interests of national security. (B) Agency compliance with requests of panel Each head of an agency shall comply with each request by the panel for a document and each request by the panel for access to employees of the agency necessary for the review of an appeal under this subsection, to the degree that doing so is, as determined by the head of the agency and permitted by applicable provisions of law, consistent with the interests of national security. (6) Publication of decisions (A) In general For each final decision on an appeal under this subsection, the head of the agency with respect to which the appeal pertains and the Security Executive Agent shall each publish the decision, consistent with the interests of national security. (B) Requirements In order to ensure transparency, oversight by Congress, and meaningful information for those who need to understand how the clearance process works, each publication under subparagraph (A) shall be— (i) made in a manner that is consistent with section 552 of title 5, United States Code, as amended by the Electronic Freedom of Information Act Amendments of 1996 ( Public Law 104–231 ); (ii) published to explain the facts of the case, redacting personally identifiable information and sensitive program information; and (iii) made available on a website that is searchable by members of the public. (d) Period of time for the right to appeal (1) In general Except as provided in paragraph (2), any covered person who has been the subject of a decision made by the head of an agency to deny or revoke eligibility for access to classified information shall retain all rights to appeal under this section until the conclusion of the appeals process under this section. (2) Waiver of rights (A) Persons Any covered person may voluntarily waive the covered person's right to appeal under this section and such waiver shall be conclusive. (B) Agencies The head of an agency may not require a covered person to waive the covered person's right to appeal under this section for any reason. (e) Waiver of availability of procedures for national security interest (1) In general If the head of an agency determines that a procedure established under subsection (b) cannot be made available to a covered person in an exceptional case without damaging a national security interest of the United States by revealing classified information, such procedure shall not be made available to such covered person. (2) Finality A determination under paragraph (1) shall be final and conclusive and may not be reviewed by any other official or by any court. (3) Reporting (A) Case-by-case (i) In general In each case in which the head of an agency determines under paragraph (1) that a procedure established under subsection (b) cannot be made available to a covered person, the agency head shall, not later than 30 days after the date on which the agency head makes such determination, submit to the Security Executive Agent and to the congressional intelligence committees a report stating the reasons for the determination. (ii) Form A report submitted under clause (i) may be submitted in classified form as necessary. (B) Annual reports (i) In general Not less frequently than once each fiscal year, the Security Executive Agent shall submit to the congressional intelligence committees a report on the determinations made under paragraph (1) during the previous fiscal year. (ii) Contents Each report submitted under clause (i) shall include, for the period covered by the report, the following: (I) The number of cases and reasons for determinations made under paragraph (1), disaggregated by agency. (II) Such other matters as the Security Executive Agent considers appropriate. (f) Denials and revocations under other provisions of law (1) Rule of construction Nothing in this section shall be construed to limit or affect the responsibility and power of the head of an agency to deny or revoke eligibility for access to classified information or to deny reciprocity of clearance in the interest of national security. (2) Denials and revocation The power and responsibility to deny or revoke eligibility for access to classified information or to deny reciprocity of clearance pursuant to any other provision of law or Executive order may be exercised only when the head of an agency determines that an applicable process established under this section cannot be invoked in a manner that is consistent with national security. (3) Finality A determination under paragraph (2) shall be final and conclusive and may not be reviewed by any other official or by any court. (4) Reporting (A) Case-by-case (i) In general In each case in which the head of an agency determines under paragraph (2) that a determination relating to a denial or revocation of eligibility for access to classified information or denial of reciprocity of clearance could not be made pursuant to a process established under this section, the agency head shall, not later than 30 days after the date on which the agency head makes such a determination under paragraph (2), submit to the Security Executive Agent and to the congressional intelligence committees a report stating the reasons for the determination. (ii) Form A report submitted under clause (i) may be submitted in classified form as necessary. (B) Annual reports (i) In general Not less frequently than once each fiscal year, the Security Executive Agent shall submit to the congressional intelligence committees a report on the determinations made under paragraph (2) during the previous fiscal year. (ii) Contents Each report submitted under clause (i) shall include, for the period covered by the report, the following: (I) The number of cases and reasons for determinations made under paragraph (2), disaggregated by agency. (II) Such other matters as the Security Executive Agent considers appropriate. (g) Relationship to suitability No person may use a determination of suitability under part 731 of title 5, Code of Federal Regulations, or successor regulation, for the purpose of denying a covered person the review proceedings of this section where there has been a denial or revocation of eligibility for access to classified information or a denial of reciprocity of clearance. (h) Preservation of roles and responsibilities under Executive Order 10865 and of the Defense Office of Hearings and Appeals Nothing in this section shall be construed to diminish or otherwise affect the procedures in effect on the day before the date of the enactment of this Act for denial and revocation procedures provided to individuals by Executive Order 10865 ( 50 U.S.C. 3161 note; relating to safeguarding classified information within industry), or successor order, including those administered through the Defense Office of Hearings and Appeals of the Department of Defense under Department of Defense Directive 5220.6, or successor directive. (i) Rule of construction relating to certain other provisions of law This section and the processes and procedures established under this section shall not be construed to apply to paragraphs (6) and (7) of section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j) ). . (2) Clerical amendment The table of contents in the matter preceding section 2 of the National Security Act of 1947 ( 50 U.S.C. 3002 ), as amended by subsection (c), is further amended by inserting after the item relating to section 801A the following: Sec. 801B. Right to appeal. . 502. Federal policy on sharing of derogatory information pertaining to contractor employees in the trusted workforce (a) Policy required Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent, in coordination with the principal members of the Performance Accountability Council and the Attorney General, shall issue a policy for the Federal Government on sharing of derogatory information pertaining to contractor employees engaged by the Federal Government. (b) Consent requirement (1) In general The policy issued under subsection (a) shall require, as a condition of accepting a security clearance with the Federal Government, that a contractor employee provide prior written consent for the Federal Government to share covered derogatory information with the chief security officer of the contractor employer that employs the contractor employee. (2) Covered derogatory information For purposes of this section, covered derogatory information— (A) is information that— (i) contravenes National Security Adjudicative Guidelines as specified in Security Executive Agent Directive 4 (appendix A to part 710 of title 10, Code of Federal Regulations), or any successor Federal policy; (ii) a Federal Government agency certifies is accurate and reliable; (iii) is relevant to a contractor's ability to protect against insider threats as required by section 1–202 of the National Industrial Security Program Operating Manual (NISPOM), or successor manual; and (iv) may have a bearing on the contractor employee's suitability for a position of public trust or to receive credentials to access certain facilities of the Federal Government; and (B) shall include any negative information considered in the adjudicative process, including information provided by the contractor employee on forms submitted for the processing of the contractor employee's security clearance. (c) Elements The policy issued under subsection (a) shall— (1) require Federal agencies, except under exceptional circumstances specified by the Security Executive Agent, to share with the contractor employer of a contractor employee engaged with the Federal Government the existence of potentially derogatory information and which National Security Adjudicative Guideline it falls under, with the exception that the Security Executive Agent may waive such requirement in circumstances the Security Executive Agent considers extraordinary; (2) require that covered derogatory information shared with a contractor employer as described in subsection (b)(1) be used by the contractor employer exclusively for risk mitigation purposes under section 1–202 of the National Industrial Security Program Operating Manual, or successor manual; (3) require Federal agencies to share any mitigation measures in place to address the derogatory information; (4) establish standards for timeliness for sharing the derogatory information; (5) specify the methods by which covered derogatory information will be shared with the contractor employer of the contractor employee; (6) allow the contractor employee, within a specified timeframe, the right— (A) to contest the accuracy and reliability of covered derogatory information; (B) to address or remedy any concerns raised by the covered derogatory information; and (C) to provide documentation pertinent to subparagraph (A) or (B) for an agency to place in relevant security clearance databases; (7) establish a procedure by which the contractor employer of the contractor employee may consult with the Federal Government prior to taking any remedial action under section 1–202 of the National Industrial Security Program Operating Manual, or successor manual, to address the derogatory information the Federal agency has provided; (8) stipulate that the chief security officer of the contractor employer is prohibited from sharing or discussing covered derogatory information with other parties, including nonsecurity professionals at the contractor employer; and (9) require companies in the National Industrial Security Program to comply with the policy. (d) Consideration of lessons learned from information-sharing program for positions of trust and security clearances In developing the policy issued under subsection (a), the Director shall consider, to the extent available, lessons learned from actions taken to carry out section 6611(f) of the National Defense Authorization Act for Fiscal Year 2020 ( 50 U.S.C. 3352f(f) ). 503. Performance measures regarding timeliness for personnel mobility (a) Policy required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall issue a policy for measuring the total time it takes to transfer personnel with security clearances and eligibility for access to information commonly referred to as sensitive compartmented information (SCI) from one Federal agency to another, or from one contract to another in the case of a contractor. (b) Requirements The policy issued under subsection (a) shall— (1) to the degree practicable, cover all personnel who are moving to positions that require a security clearance and access to sensitive compartmented information; (2) cover the period from the first time a Federal agency or company submits a request to a Federal agency for the transfer of the employment of an individual with a clearance access or eligibility determination to another Federal agency, to the time the individual is authorized by that receiving agency to start to work in the new position; and (3) include analysis of all appropriate phases of the process, including polygraph, suitability determination, fitness determination, human resources review, transfer of the sensitive compartmented information access, and contract actions. (c) Updated policies (1) Modifications Not later than 1 year after the date on which the Director issues the policy under subsection (a), the Director shall issue modifications to such policies as the Director determines were issued before the issuance of the policy under such subsection and are relevant to such updated policy, as the Director considers appropriate. (2) Recommendations Not later than 1 year after the date on which the Director issues the policy under subsection (a), the Director shall submit to Congress recommendations for legislative action to update metrics specified elsewhere in statute to measure parts of the process that support transfers described in subsection (a). (d) Annual reports Not later than 180 days after issuing the policy required by subsection (a) and not less frequently than once each year thereafter until the date that is 3 years after the date of such issuance, the Director shall submit to Congress a report on the implementation of such policy. Such report shall address performance by agency and by clearance type in meeting such policy. 504. Governance of Trusted Workforce 2.0 initiative (a) Governance The Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Deputy Director for Management in the Office of Management and Budget, acting as the director of the Performance Accountability Council, and the Under Secretary of Defense for Intelligence and Security shall jointly— (1) not later than 180 days after the date of the enactment of this Act, publish in the Federal Register a policy with guidelines and standards for Federal Government agencies and industry partners to implement the Trusted Workforce 2.0 initiative; (2) not later than 2 years after the date of the enactment of this Act and not less frequently than once every 6 months thereafter, submit to Congress a report on the timing, delivery, and adoption of Federal Government agencies’ policies, products, and services to implement the Trusted Workforce 2.0 initiative, including those associated with the National Background Investigation Service; and (3) not later than 90 days after the date of the enactment of this Act, submit to Congress performance management metrics for the implementation of the Trusted Workforce 2.0 initiative, including performance metrics regarding timeliness, cost, and measures of effectiveness. (b) Independent study on Trusted Workforce 2.0 (1) Study required Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall enter into an agreement with an entity that is not part of the Federal Government to conduct a study on the effectiveness of the initiatives of the Federal Government known as Trusted Workforce 1.25, 1.5, and 2.0. (2) Elements The study required by paragraph (1) shall include the following: (A) An assessment of how effective such initiatives are or will be in determining who should or should not have access to classified information. (B) A comparison of the effectiveness of such initiatives with the system of periodic reinvestigations that was in effect on the day before the date of the enactment of this Act. (C) Identification of what is lost from the suspension of universal periodic reinvestigations in favor of a system of continuous vetting. (D) An assessment of the relative effectiveness of Trusted Workforce 1.25, Trusted Workforce 1.5, and Trusted Workforce 2.0. (3) Report Not later than 180 days after the date of the enactment of this Act, the Director shall submit a report on the findings from the study conducted under paragraph (1) to the following: (A) The congressional intelligence committees. (B) The Committee on Armed Services of the Senate . (C) The Committee on Homeland Security and Governmental Affairs of the Senate . (D) The Committee on Armed Services of the House of Representatives . (E) The Committee on Homeland Security of the House of Representatives . VI Other intelligence matters 601. National Technology Strategy (a) In general Each year, the President shall submit to Congress a comprehensive report on the technology strategy of the United States designed to maintain United States leadership in critical and emerging technologies essential to United States national security and economic prosperity. (b) Elements Each National Technology Strategy developed and submitted under subsection (a) shall contain at least the following elements: (1) An assessment of the efforts of the United States Government to preserve United States leadership in key emerging technologies and prevent United States strategic competitors from leveraging advanced technologies to gain strategic military or economic advantages over the United States. (2) A review of existing United States Government technology policy, including long-range goals. (3) An analysis of technology trends and assessment of the relative competitiveness of United States technology sectors in relation to strategic competitors. (4) Identification of sectors critical for the long-term resilience of United States innovation leadership across design, manufacturing, supply chains, and markets. (5) Recommendations for domestic policy incentives to sustain an innovation economy and develop specific, high-cost sectors necessary for long-term national security ends. (6) Recommendations for policies to protect United States and leadership of allies of the United States in critical areas through targeted export controls, investment screening, and counterintelligence activities. (7) Identification of priority domestic research and development areas critical to national security and necessary to sustain United States leadership, and directing funding to fill gaps in basic and applied research where the private sector does not focus. (8) Recommendations for talent programs to grow United States talent in key critical and emerging technologies and enhance the ability of the Federal Government to recruit and retain individuals with critical skills into Federal service. (9) Methods to foster the development of international partnerships to reinforce domestic policy actions, build new markets, engage in collaborative research, and create an international environment that reflects United States values and protects United States interests. (10) A technology annex, which may be classified, to establish an integrated and enduring approach to the identification, prioritization, development, and fielding of emerging technologies. (11) Such other information as may be necessary to help inform Congress on matters relating to the technology strategy of the United States and related implications for United States national security. 602. Improvements relating to continuity of Privacy and Civil Liberties Oversight Board membership Paragraph (4) of section 1061(h) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(h) ) is amended to read as follows: (4) Term (A) Commencement Each member of the Board shall serve a term of 6 years, commencing on the date of the appointment of the member to the Board. (B) Reappointment A member may be reappointed to one or more additional terms. (C) Vacancy A vacancy in the Board shall be filled in the manner in which the original appointment was made. (D) Extension Upon the expiration of the term of office of a member, the member may continue to serve, at the election of the member— (i) during the period preceding the reappointment of the member pursuant to subparagraph (B); or (ii) until the member’s successor has been appointed and qualified. . 603. Air America (a) Findings Congress finds the following: (1) Air America, Incorporated (referred to in this section as Air America ) and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976. (2) Air America, a corporation owned by the Government of the United States, constituted a Government corporation , as defined in section 103 of title 5, United States Code. (3) It is established that the employees of Air America and the other entities described in paragraph (1) were Federal employees. (4) The employees of Air America were retroactively excluded from the definition of the term employee under section 2105 of title 5, United States Code, on the basis of an administrative policy change in paperwork requirements implemented by the Office of Personnel Management 10 years after the service of the employees had ended and, by extension, were retroactively excluded from the definition of the term employee under section 8331 of title 5, United States Code, for retirement credit purposes. (5) The employees of Air America were paid as Federal employees, with salaries subject to— (A) the General Schedule under subchapter III of chapter 53 of title 5, United States Code; and (B) the rates of basic pay payable to members of the Armed Forces. (6) The service and sacrifice of the employees of Air America included— (A) suffering a high rate of casualties in the course of employment; (B) saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and (C) lengthy periods of service in challenging circumstances abroad. (b) Definitions In this section: (1) Affiliated company The term affiliated company , with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport. (2) Qualifying service The term qualifying service means service that— (A) was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and (B) is documented in the attorney-certified corporate records of Air America or any affiliated company. (c) Treatment as Federal employment Any period of qualifying service— (1) is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and (2) shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code. (d) Rights An individual who performed qualifying service, or a survivor of such an individual, shall be entitled to the rights, retroactive as applicable, provided to employees and their survivors for creditable service under the Civil Service Retirement System under subchapter III of chapter 83 of title 5, United States Code, with respect to that qualifying service. (e) Deduction, contribution, and deposit requirements The deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability & Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service. (f) Application time limit Section 8345(i)(2) of title 5, United States Code, shall be applied with respect to the death of an individual who performed qualifying service by substituting 2 years after the effective date under section 603(g) of the Intelligence Authorization Act for Fiscal Year 2022 for 30 years after the death or other event which gives rise to title to the benefit . (g) Effective date This section shall take effect on the date that is 30 days after the date of the enactment of this Act. 604. Access by Comptroller General of the United States to certain cybersecurity records Section 5710 of the National Defense Authorization Act for Fiscal Year 2020 ( 2 U.S.C. 4111 ) is amended— (1) by redesignating subsection (d) as subsection (e); (2) by inserting after subsection (c) the following: (d) Right of access Notwithstanding any other provision of law, for the purpose of preparing each report required by subsection (a), the Comptroller General may obtain from the Architect of the Capitol, the Congressional Budget Office, the Library of Congress, the Office of Congressional Workplace Rights, the Sergeant at Arms and Doorkeeper of the Senate, the Sergeant at Arms of the House of Representatives, the Chief Administrative Officer of the House of Representatives, the Secretary of the Senate, and the United States Capitol Police, and any contractor of any such entity, such records as the Comptroller General may require to prepare the report. ; and (3) by adding at the end the following: (f) Relationship to existing authority Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any authority of the Comptroller General, except as specifically provided for in subsection (d). . 605. Reports on intelligence support for and capacity of the Sergeants at Arms of the Senate and the House of Representatives and the United States Capitol Police (a) Definitions In this section: (1) Relevant congressional intelligence committees The term relevant congressional intelligence committees means— (A) the Select Committee on Intelligence, the Committee on Rules and Administration, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on House Administration, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives. (2) Sergeants at Arms The term Sergeants at Arms means the Sergeant at Arms and Doorkeeper of the Senate and the Sergeant at Arms of the House of Representatives. (b) Report on intelligence support (1) Report required Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, shall submit to the relevant congressional intelligence committees a report on intelligence support provided to the Sergeants at Arms and the United States Capitol Police. (2) Elements The report required by paragraph (1) shall include a description of the following: (A) Policies related to the Sergeants at Arms and the United States Capitol Police as customers of intelligence. (B) How the intelligence community, the Federal Bureau of Investigation, and the Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency, are structured, staffed, and resourced to provide intelligence support to the Sergeants at Arms and the United States Capitol Police. (C) The classified electronic and telephony interoperability of the intelligence community, the Federal Bureau of Investigation, and the Department of Homeland Security with the Sergeants at Arms and the United States Capitol Police. (D) Any expedited security clearances provided for the Sergeants at Arms and the United States Capitol Police. (E) Counterterrorism intelligence and other intelligence relevant to the physical security of Congress that are provided to the Sergeants at Arms and the United States Capitol Police, including— (i) strategic analysis and real-time warning; and (ii) access to classified systems for transmitting and posting intelligence. (F) Cyber intelligence relevant to the protection of cyber networks of Congress and the personal devices and accounts of Members and employees of Congress, including— (i) strategic and real-time warnings, such as malware signatures and other indications of attack; and (ii) access to classified systems for transmitting and posting intelligence. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Government Accountability Office report (1) Report required Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the relevant congressional intelligence committees a report on the capacity of the Sergeants at Arms and the United States Capitol Police to access and use intelligence and threat information relevant to the physical and cyber security of Congress. (2) Elements The report required by paragraph (1) shall include the following: (A) An assessment of the extent to which the Sergeants at Arms and the United States Capitol Police have the resources, including facilities, cleared personnel, and necessary training, and authorities to adequately access, analyze, manage, and use intelligence and threat information necessary to defend the physical and cyber security of Congress. (B) The extent to which the Sergeants at Arms and the United States Capitol Police communicate and coordinate threat data with each other and with other local law enforcement entities. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 606. Study on vulnerability of Global Positioning System to hostile actions (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives. (b) Study required The Director of National Intelligence shall, in consultation with the Secretary of Defense and the Secretary of Commerce, conduct a study on the vulnerability of the Global Positioning System (GPS) to hostile actions, as well as any actions being undertaken by the intelligence community, the Department of Defense, the Department of Commerce, and any other elements of the Federal Government to mitigate any risks stemming from the potential unavailability of the Global Positioning System. (c) Elements The study conducted under subsection (b) shall include net assessments and baseline studies of the following: (1) The vulnerability of the Global Positioning System to hostile actions. (2) The potential negative effects of a prolonged Global Positioning System outage, including with respect to the entire society, to the economy of the United States, and to the capabilities of the Armed Forces. (3) Alternative systems that could back up or replace the Global Positioning System, especially for the purpose of providing positioning, navigation, and timing, to United States civil, commercial, and government users. (4) Any actions being planned or undertaken by the intelligence community, the Department of Defense, the Department of Commerce, and other elements of the Federal Government to mitigate any risks to the entire society, to the economy of the United States, and to the capabilities of the Armed Forces, stemming from a potential unavailability of the Global Positioning System. (d) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report in writing and provide such committees a briefing on the findings of the Director with respect to the study conducted under subsection (b). 607. Authority for transportation of federally owned canines associated with force protection duties of intelligence community Section 1344(a)(2)(B) of title 31, United States Code, is amended by inserting , or transportation of federally owned canines associated with force protection duties of any part of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) after duties .
August 4, 2021 Read twice and placed on the calendar
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117-s-2611
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II 117th CONGRESS 1st Session S. 2611 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Cruz (for himself, Mr. Warnock , Mr. Cornyn , Mr. Wicker , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To designate high priority corridors on the National Highway System, and for other purposes.
1. High priority corridors on national highway system (a) Identification (1) Central Texas corridor Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 129 Stat. 1422) is amended by striking paragraph (84) and inserting the following: (84) The Central Texas Corridor, including the route— (A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas; (B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas; (C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas; (D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas; (E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas; (F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and (G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas, to Interstate 20 at Odessa, Texas. . (2) Central Louisiana corridor Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018), is amended by adding at the end the following: (92) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana. . (3) Central Mississippi corridor Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) (as amended by paragraph (2)) is amended by adding at the end the following: (93) The Central Mississippi Corridor, including the route— (A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi–Alabama State border; and (B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport. . (4) Middle Alabama corridor Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) (as amended by paragraph (3)) is amended by adding at the end the following: (94) The Middle Alabama Corridor including the route— (A) beginning at the Alabama–Mississippi border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80, specifically— (B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama; (C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama; (D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; (E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia. . (5) Middle Georgia corridor Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) (as amended by paragraph (4)) is amended by adding at the end the following: (95) The Middle Georgia Corridor including the route— (A) beginning at the Alabama–Georgia Border generally following the Fall Line Freeway from Columbus, Georgia to Augusta, Georgia, specifically— (B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate Route 75 in Byron, Georgia; (C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16, then following Interstate Route 16 east it would next join United States Route 80 and then onto State Route 57; (D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass, and after the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520. . (b) Inclusion of certain segments on Interstate system Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 597; 126 Stat. 427; 129 Stat. 1422; 133 Stat. 3018) is amended, in the first sentence— (1) by inserting subsection (c)(84), after subsection (c)(83), ; and (2) by striking and subsection (c)(91) and inserting subsection (c)(91), subsection (c)(92), subsection (c)(93), subsection (c)(94), and subsection (c)(95) . (c) Designation Section 1105(e)(5)(C) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 597; 129 Stat. 1422; 133 Stat. 3018) is amended by striking the fifteenth sentence and inserting the following: The route referred to in subsection (c)(84)(A) is designated as Interstate Route I–14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I–14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84)(C) is designated as Interstate Route I–214. The routes referred to in subsections (c)(84)(C), (c)(92), (c)(93), (c)(94), and (c)(95) are designated as Interstate Route I–14. The routes referred to in subparagraphs (D), (E), (F), and (G) of subsection (c)(84) and subparagraph (B) of subsection (c)(93) shall each be given separate Interstate route numbers. .
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117-s-2612
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II 117th CONGRESS 1st Session S. 2612 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Luján (for himself, Mr. Thune , Ms. Stabenow , Mr. Grassley , and Mr. Casey ) 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 add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare.
1. Short title This Act may be cited as the Prevent Interruptions in Physical Therapy Act of 2021 . 2. Allowing physical therapists to utilize locum tenens arrangements under Medicare (a) In general The first sentence of section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) ) is amended by striking , and (J) and all that follows through physicians’ services furnished by physicians. and inserting , and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians’ services furnished by physicians. . (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2612is/xml/BILLS-117s2612is.xml
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117-s-2613
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II 117th CONGRESS 1st Session S. 2613 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Menendez (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for climate change planning, mitigation, adaptation, and resilience in the United States Territories and Freely Associated States, and for other purposes.
1. Short title This Act may be cited as the Insular Area Climate Change Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. TITLE I—General Provisions Sec. 101. Insular Area Climate Change Interagency Task Force. Sec. 102. Non-Federal cost-share waiver. Sec. 103. Coral reefs prize competitions. TITLE II—Department of the Interior Sec. 201. Office of Insular Affairs Technical Assistance Program. Sec. 202. Runit Dome report and monitoring activities. TITLE III—National Oceanic and Atmospheric Administration Sec. 301. Climate Change Insular Research Grant Program. Sec. 302. Coastal management technical assistance and report. Sec. 303. National Weather Service technical assistance and grants. Sec. 304. Ocean and Coastal Mapping Integration Act. TITLE IV—Department of Energy Sec. 401. Office of Insular Area Energy Policy and Programs. Sec. 402. Comprehensive energy plans. Sec. 403. Energy Efficient Product Rebate Program. Sec. 404. Renewable Energy Grant Program. Sec. 405. Offshore wind for the territories. Sec. 406. State Energy Program non-Federal cost-share waiver. TITLE V—Environmental Protection Agency Sec. 501. Definitions. Sec. 502. Insular Area National Program Office. Sec. 503. Insular Area Sustainable Infrastructure Grant Program. Sec. 504. Insular Area Renewable Energy Grant Program. Sec. 505. Insular Area Technical Assistance Program. TITLE VI—Emergency Management Sec. 601. Community disaster loans repayment cancellation. Sec. 602. Disaster relief non-Federal cost-share waiver. TITLE VII—Sense of Congress regarding the threat of climate change Sec. 701. Sense of Congress regarding the threat of climate change. 3. Definitions In this Act, the following definitions apply: (1) Adaptation The term adaptation means the capacity of natural and human systems to adjust to climate change or its impacts in a matter that will reduce damage or take advantage of any beneficial aspects. (2) Freely associated states The term Freely Associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (3) Insular areas The term Insular Areas means the territories and Freely Associated States. (4) Mitigation The term mitigation means measures and initiatives that would limit or reduce greenhouse gas emissions. (5) Resilience The term resilience means the capacity of natural and human systems to resist, assimilate, and recover from the effects of climate change in an efficient and timely manner, maintaining or restoring basic structures and essential functions. (6) Renewable energy The term renewable energy means energy that has been derived from Earth’s natural resources that are not finite or exhaustible, including solar, wind, hydroelectric, geothermal, and ocean (thermal and mechanics). (7) Renewable energy system The term renewable energy system includes off-grid or stand-alone systems, microgrids, nano grids, and virtual power plants systems based on renewable energy sources, including storage and other related ancillary equipment. These may also be referred to as eligible projects . Waste to energy are not considered as eligible projects. (8) Territories The term territories means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States. (9) Territory The term territory means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the Virgin Islands of the United States. 4. Findings Congress finds as follows: (1) The Insular Areas are topographically and environmentally diverse and treasured by millions of individuals who call them home. (2) The territories in the Caribbean (Puerto Rico and the Virgin Islands of the United States) and the territories in the Pacific (American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam) face many of the same climate change-related challenges. Freely Associated States face similar climate change-related vulnerabilities. (3) Insular Areas are experiencing sea level rise, coastal erosion, and increasing storm impacts that threaten lives, critical infrastructure, ecosystems, and livelihood security. (4) Sea level rise from climate change poses an existential threat to low-lying Insular Areas, including the Republic of the Marshall Islands, the impacts of which could significantly undermine the strategic, economic, and defense interests of the United States. (5) Temperature increases are likely to further create and intensify the length of droughts, reduce water supply, impact public health, and increase demand of freshwater in Insular Areas. In addition, temperature increases will drive coral reefs to extinction, eliminating a natural barrier against storm surge, increasing destruction of infrastructure, and threatening lives of the inhabitants of the islands. (6) In 2017, two major storms, Hurricane Irma and Hurricane Maria, impacted Puerto Rico and the Virgin Islands of the United States. Hurricane Maria caused thousands of deaths in Puerto Rico and the Virgin Islands of the United States and significant damage to their infrastructure, including Puerto Rico’s energy system. Hurricane Maria destroyed millions of trees in Puerto Rico and the Virgin Islands of the United States, which has significantly increased erosion and sediment transport. As a result, reservoirs have lost significant storage capacity and coral reefs are severely impacted. (7) In 2018, Typhoon Yutu impacted the Commonwealth of the Northern Mariana Islands and Guam, causing catastrophic destruction in those territories. I General Provisions 101. Insular Area Climate Change Interagency Task Force (a) Establishment of task force Not later than 90 days after the date of the enactment of this Act, the following shall jointly establish the Insular Area Climate Change Interagency Task Force (hereafter in this section referred to as the Task Force ): (1) The Secretary of the Interior. (2) The Secretary of Energy. (3) The Secretary of State. (4) The Secretary of Housing and Urban Development. (5) The Secretary of Agriculture. (6) The Secretary of Commerce. (7) The Administrator of the Federal Emergency Management Agency. (8) The Administrator of the Environmental Protection Agency. (b) Chairperson The Task Force shall be chaired by the Administrator of the Federal Emergency Management Agency. (c) Duties The Task Force shall— (1) evaluate all Federal programs regarding ways to provide greater access to Federal programs and equitable baseline funding in relation to States, to territories for climate change planning, mitigation, adaptation, and resilience; (2) identify statutory barriers to providing territories greater access to Federal programs and equitable baseline funding; and (3) provide recommendations related to climate change in Insular Areas in consultation with local governments and non-governmental organizations in Insular Areas with expertise on climate change. (d) Comprehensive report Not later than 1 year after the establishment of the Task Force, the Task Force, in consultation with Insular Area governments, shall issue a comprehensive report that— (1) identifies Federal programs that have an impact on climate change planning, mitigation, adaptation, and resilience, but exclude territories in regard to eligibility, funding, and assistance, or do not provide equitable baseline funding in relation to States; and (2) provides advice and recommendations related to climate change in Insular Areas, such as new suggested Federal programs or initiatives. (e) Publication; public availability The Administrator of the Federal Emergency Management Agency shall ensure that the report required under subsection (d) is— (1) submitted to the Committees on Energy and Commerce and Natural Resources of the House of Representatives, and Energy and Natural Resources of the Senate; (2) published in the Federal Register for public comment for a period of at least 60 days; and (3) made available on a public website along with any comments received during the public comment period required under paragraph (2). 102. Non-Federal cost-share waiver Section 501 of Public Law 95–134 (commonly known as the Omnibus Territories Act of 1977 ) ( 48 U.S.C. 1469a ), is amended by adding at the end the following: (e) Notwithstanding any other provision of law, in the case of the Insular Areas, any department or agency shall waive any requirement for non-Federal matching funds under $750,000 (including in-kind contributions) required by law to be provided by those jurisdictions. . 103. Coral reefs prize competitions (a) Prize competitions The Director of the Office of Science and Technology Policy shall work with the head of each Federal agency represented on the U.S. Coral Reef Task Force established under Executive Order 13089 (63 Fed. Reg. 32701) to establish prize competitions, in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), that promote coral reef research and conservation in the Insular Areas, the State of Hawaii or Florida, or any other area in the United States or Insular Areas, as determined by the Director of the Office of Science and Technology Policy, facing a significant ecological threat due to coral reef die-offs. (b) Waiver of matching requirement Section 204(b)(2) of the Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6403(b)(2) ) is amended— (1) by striking the paragraph designation and all that follows through The Administrator and inserting the following: (2) Waivers (A) In general The Administrator ; and (2) by adding at the end the following: (B) Sustaining coral reef management and monitoring The Administrator shall waive the matching requirement under paragraph (1) for grants to implement State and territorial coral reef conservation cooperative agreements to sustain coral reef management and monitoring in the State of Florida or Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or the United States Virgin Islands. . II Department of the Interior 201. Office of Insular Affairs Technical Assistance Program (a) In general The Secretary of the Interior, acting through the Office of Insular Affairs Technical Assistance Program, shall provide technical assistance for climate change planning, mitigation, adaptation, and resilience to Insular Areas under the jurisdiction of such Program. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026. 202. Runit Dome report and monitoring activities (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committees on Natural Resources and Energy and Commerce of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate, a report, prepared by independent experts not employed by the U.S. government, on the impacts of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards in the vicinity thereof. The report shall include the following: (1) A detailed scientific analysis of any threats to the environment, and to the health and safety of Enewetak Atoll residents, posed by each of the following: (A) The Runit Dome nuclear waste disposal site. (B) Crypts used to contain nuclear waste and other toxins on Enewetak Atoll. (C) Radionuclides and other toxins present in the lagoon of Enewetak Atoll, including areas in the lagoon where nuclear waste was dumped. (D) Radionuclides and other toxins, including beryllium, which may be present on the islands of Enewetak Atoll as a result of nuclear tests and other activities of the U.S. government, including tests of chemical and biological warfare agents, rocket tests, contaminated aircraft landing on Enewetak Island, and nuclear cleanup activities. (E) Radionuclides and other toxins that may be present in the drinking water on Enewetak Island or in the water source for the desalination plant. (F) Radionuclides and other toxins that may be present in the groundwater under and in the vicinity of the nuclear waste disposal facility on Runit Island. (2) A detailed scientific analysis of the extent to which rising sea levels, severe weather events and other effects of climate change might exacerbate any of the threats identified above. (3) A detailed plan, including costs, to relocate all of the nuclear waste and other toxic waste contained in— (A) the Runit Dome nuclear waste disposal site; (B) all of the crypts on Enewetak Atoll containing such waste; and (C) the three dumping areas in Enewetak’s lagoon to a safe, secure facility to be constructed in an uninhabited, unincorporated territory of the United States. (b) Marshallese participation The Secretary of the Interior shall allow scientists or other experts selected by the Republic of the Marshall Islands to participate in all aspects of the preparation of the report required by subsection (a), including, without limitation, developing the work plan, identifying questions, conducting research, and collecting and interpreting data. (c) Publication The report required in subsection (a) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (d) Public availability The Secretary of the Interior shall publish the study required under subsection (a) and results submitted under subsection (b) on a public website. (e) Authorization of appropriation for report It is hereby authorized to be appropriated to the Department of the Interior, Office of Insular Affairs, for fiscal year 2022 such sums as may be necessary to produce the report required in subsection (a). (f) Indefinite authorization of appropriation for Runit Dome monitoring activities It is hereby authorized to be appropriated to the Department of Energy such sums as may be necessary to comply with the requirements of section 103(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 ( 42 U.S.C. 1921b(f)(1)(B) ). III National Oceanic and Atmospheric Administration 301. Climate Change Insular Research Grant Program (a) In general The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Insular Research Grant Program to provide grants to institutions of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), and nonprofit organizations in Insular Areas for monitoring, collecting, synthesizing, analyzing, and publishing local climate change data, including ocean temperature, sea level rise, ocean acidification, and altered ocean currents data. (b) Authorization of appropriations To carry out this section there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. 302. Coastal management technical assistance and report (a) Technical assistance (1) In general The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the Office for Coastal Management, shall provide technical assistance to Insular Areas to enhance such entities’ coastal management and climate change programs. (2) Authorization of appropriations To carry out this subsection there is authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration $5,000,000 for each of the fiscal years 2022 through 2026. (b) Annual report The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the Office for Coastal Management, shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of— (1) wetland, mangrove, and estuary conditions in Insular Areas; and (2) climate change impacts, including ecological, economic, and cultural impacts, in Insular Areas. 303. National Weather Service technical assistance and grants (a) Technical assistance (1) In general The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Weather Service, shall provide technical assistance and outreach to Insular Areas through the San Juan, Tiyan, and Pago Pago Weather Forecast Offices of the National Weather Service. For the purposes of this section, the Administrator may also employ other agency entities as the Administrator deems necessary, in order to improve weather data collection and provide science, data, information, and impact-based decision support services to reduce hurricane, typhoon, droughts, tsunamis, tides, and sea level rise impacts in the Insular Areas. (2) Authorization of appropriations To carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. (b) Grants (1) In general The Administrator of the National Oceanic and Atmospheric Administration may provide grants to academic, nonprofit, and local entities to conduct climate change research to improve weather data collection and provide science, data, information, and impact-based decision support services to reduce hurricane, typhoon, droughts, tsunamis, tides, and sea level rise impacts in the Insular Areas. (2) Authorization of appropriations To carry out this subsection there is authorized to be appropriated to the Administrator $5,000,000 for each of the fiscal years 2022 through 2026. 304. Ocean and Coastal Mapping Integration Act Section 12204 of the Ocean and Coastal Mapping Integration Act ( 33 U.S.C. 3503 ) is amended— (1) in paragraph (12), by striking and ; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (14) the study of Insular Areas and the effects of climate change . IV Department of Energy 401. Office of Insular Area Energy Policy and Programs (a) In general Title II of the Department of Energy Organization Act ( 42 U.S.C. 7131 et seq. ) is amended by adding at the end the following: 218. Office of insular area energy policy and programs (a) Establishment There is established within the Department an Office of Insular Area Energy Policy and Programs (referred to in this section as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties The Office shall— (1) direct, coordinate, implement, and monitor energy planning, education, management, conservation, and delivery programs of the Department to— (A) assist Insular Areas in developing comprehensive energy plans; (B) expand renewable energy and energy efficiency in Insular Areas; (C) reduce or stabilize energy costs in Insular Areas; (D) enhance and strengthen energy infrastructure in Insular Areas to withstand natural disasters; and (E) work with Insular Areas to develop improved regulatory and oversight conditions; and (2) centralize and align all ongoing Department of Energy efforts in the Insular Areas. (c) Annual report The Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver Any funding made available to Insular Areas by the Office of Insular Area Energy Policy and Programs under this or any other Federal law shall not be subject to a non-Federal share funding requirement. . (b) Conforming amendments (1) Table of contents The table of contents of the Department of Energy Organization Act is amended by inserting after the item relating to section 217 the following: Sec. 218. Office of Insular Area Energy Policy and Programs. . (2) Positions at level iv Section 5315 of title 5, United States Code, is amended by inserting after the item related to the Director, Office of Science, Department of Energy the following new item: Director, Office of Insular Area Energy Policy and Programs, Department of Energy. . 402. Comprehensive energy plans (a) In general Not later than 1 year after the date of the enactment of this Act, the Office of Insular Area Energy Policy and Programs in the Department of Energy, in consultation with the Office of Insular Affairs of the Department of the Interior, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of a study of the execution of the comprehensive energy plans required by section 9 of Public Law 113–235 ( 48 U.S.C. 1492a ), including— (A) initial, planned, and current sources of renewable energy; (B) initial, planned, and current energy imports; and (C) projected and actual energy needs during calendar year 2020 for each Insular Area; (2) the lessons learned from the preparation of these plans; (3) the date on which each plan was most recently updated; and (4) recommendations with respect to each Insular Area, on the need to update such plans. (b) Publication; public availability The Secretary of Energy shall ensure that— (1) the report required by subsection (a) is published in the Federal Register for public comment for a period of not fewer than 60 days; and (2) the report required by subsection (a) and any comments received under subsection (b) are made available on a public website. 403. Energy Efficient Product Rebate Program (a) Definitions In this section: (1) Eligible territory The term eligible territory means a territory that meets the requirements of subsection (c). (2) Energy star program The term Energy Star program means the program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ). (3) Residential Energy Star product The term residential Energy Star product means a product for a residence that is rated for energy efficiency under the Energy Star program. (4) Energy office The term energy office means the government agency within the territory responsible for developing an energy conservation plan under section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ). (5) Rebate program The term rebate program means an energy efficient product rebate program described in subsection (c)(1). (b) Establishment The Secretary of Energy shall establish a program, to be known as the Energy Efficient Product Rebate Program , under which the Director of the Office of Insular Area Energy Policy and Programs shall provide allocations to eligible territories in accordance with this section. (c) Eligible territories A territory shall be eligible to receive an allocation under subsection (d) if the territory— (1) establishes (or has established) an energy efficient product rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products to replace used products of the same type; (2) establishes clear requirements to prevent illegal dumping of old products and the overflow of landfills, and ensure environmental justice; (3) submits an application for the allocation at such time, in such form, and containing such information as the Director of the Office of Insular Area Energy Policy and Programs may require; and (4) provides assurances satisfactory to the Director of the Office of Insular Area Energy Policy and Programs that the territory will use the allocation to supplement, but not supplant, funds made available to carry out the rebate program. (d) Amount of allocations (1) In general Subject to paragraph (2), for each of fiscal years 2022 through 2026, the Director of the Office of Insular Area Energy Policy and Programs shall allocate to the energy office of each eligible territory to carry out subsection (e) an amount equal to the product obtained by multiplying the amount made available under subsection (g) for the fiscal year by the ratio that the population of the territory in the most recent calendar year for which data are available bears to the total population of all eligible territories in that calendar year. (2) Minimum allocations For each fiscal year, the amounts allocated under this subsection shall be adjusted proportionately so that no eligible territory is allocated a sum that is less than an amount determined by the Director. (e) Use of allocated funds An allocation to an energy office under subsection (d) may be used to pay not more than 75 percent of the cost of establishing and carrying out a rebate program. (f) Issuance of rebates The amount of a rebate provided under a rebate program shall be determined by the applicable energy office, taking into consideration— (1) the amount of the allocation to the energy office under subsection (d); (2) the amount of any tax incentive available for the purchase of the residential Energy Star product; and (3) the difference between the cost of the residential Energy Star product and the cost of a product that is not a residential Energy Star product, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the energy office) to, the residential Energy Star product. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026. 404. Renewable Energy Grant Program (a) Definitions In this section: (1) Covered entity The term covered entity means a not-for-profit organization determined eligible by the Secretary for purposes of this section. (2) Department of energy national laboratories The term Department of Energy national laboratories has the same meaning as the term National Laboratory under section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (3) Microgrid The term microgrid means an electric system— (A) that serves the local community with a power generation and distribution system; and (B) that has the ability— (i) to disconnect from a traditional electric grid; and (ii) to operate autonomously when disconnected. (4) Program The term Program means the Renewable Energy Grant Program established under subsection (b). (5) Smart grid The term smart grid means an intelligent electric grid that uses digital communications technology, information systems, and automation to, while maintaining high system reliability— (A) detect and react to local changes in usage; (B) improve system operating efficiency; and (C) reduce spending costs. (b) Establishment Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Insular Area Energy Policy and Programs (referred to in this section as the Director ) shall establish a Renewable Energy Grant Program under which the Director may award grants to covered entities to facilitate projects in Insular Areas described in subsection (d). (c) Applications (1) In general To be eligible for a grant under the Program, a covered entity shall submit to the Director an application at such time, in such form, and containing such information as the Secretary may require. (2) Priority In providing grants under the Program, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost-effective; and (C) serve areas with environmental justice communities— (i) in rural areas; or (ii) that are poor air quality areas. (d) Use of funds (1) In general A covered entity receiving a grant under the Program may use grant funds for a project, in territories of the United States— (A) to develop or construct a renewable energy system; (B) to carry out an activity to increase energy efficiency; (C) to develop or construct an energy storage system or device for— (i) a system developed or constructed under subparagraph (A); or (ii) an activity carried out under subparagraph (B); (D) to develop or construct— (i) a smart grid; or (ii) a microgrid; or (E) to train residents of territories of the United States to develop, construct, maintain, or operate a renewable energy system. (2) Limitation A covered entity receiving a grant under the Program may not use grant funds to develop or construct a facility that generates electricity using energy derived from— (A) fossil fuels; or (B) nuclear power. (e) Technical assistance The Director shall ensure that Department of Energy national laboratories offer to provide technical assistance to each covered entity carrying out a project assisted with a grant under the Program. (f) Report Not later than two years after the establishment of the Program, and on an annual basis thereafter, the Secretary shall submit to Congress a report containing— (1) an estimate of the amount of funds disbursed under the Program; (2) an estimate of the energy conservation achieved as a result of the Program; (3) a description of challenges encountered in implementing projects described in subsection (d)(1); and (4) any recommendations as to additional legislative measures to increase the use of renewable energy in territories of the United States, as appropriate. (g) GAO study and report (1) Study and report Not later than 180 days after the date of enactment of this section, the Comptroller General of the United States shall— (A) conduct a study regarding renewable energy and energy efficiency in territories of the United States; and (B) submit to Congress a report containing— (i) the findings of the study; and (ii) related recommendations. (2) Components The study conducted under paragraph (1) shall consider, in relation to territories of the United States, the potential— (A) to modify existing electric power systems to use renewable energy sources; (B) to expand the use of microgrids; and (C) to improve energy resiliency. 405. Offshore wind for the territories (a) Application of outer continental shelf lands act with respect to territories of the united states (1) In general Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (A) in subsection (a), by inserting or lying within the exclusive economic zone of the United States and the Outer Continental Shelf adjacent to any territory of the United States, except that such term shall not include any area conveyed by Congress to a territorial government for administration after control ; (B) in subsection (p), by striking and after the semicolon at the end; (C) in subsection (q), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (r) The term State means the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. . (2) Exclusions Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended by adding at the end the following: (i) This section shall not apply to the scheduling of lease sales in the Outer Continental Shelf adjacent to the Territories of the United States. . (b) Wind lease sales for areas of outer continental shelf The Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is amended by adding at the end the following: 33. Wind lease sales for areas of Outer Continental Shelf (a) Authorization The Secretary may conduct wind lease sales on the Outer Continental Shelf. (b) Wind lease sale procedure Any wind lease sale conducted under this section shall be considered a lease under section 8(p). (c) Wind lease sales off coasts of territories of the United States (1) Study on feasibility of conducting wind lease sales (A) In general The Secretary shall conduct a study on the feasibility, including the technological and long-term economic feasibility, and the potential environmental effects of, conducting wind lease sales on an area of the Outer Continental Shelf within the territorial jurisdiction of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (B) Consultation In conducting the study required in subparagraph (A), the Secretary shall consult— (i) the National Laboratories, as that term is defined in section 2 of the Energy Policy Act of 2005; (ii) the National Oceanic and Atmospheric Administration, including the Office of National Marine Sanctuaries and National Marine Fisheries Service; and (iii) the Governor of each of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (C) Publication The study required in subparagraph (A) shall be published in the Federal Register for public comment for a period of not fewer than 60 days. (D) Submission of results Not later than 18 months after the date of enactment of this section, the Secretary shall submit the results of the study conducted under subparagraph (A) to— (i) the Committee on Energy and Natural Resources of the Senate; (ii) the Committee on Natural Resources of the House of Representatives; and (iii) each Delegate or Resident Commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States. (E) Public availability The Secretary shall publish the study required under subparagraph (A) and results submitted under subparagraph (D) on a public website. (2) Call for information and nominations The Secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph (1). (3) Conditional wind lease sales (A) In general For each territory, the Secretary shall conduct not less than 1 wind lease sale on an area of the Outer Continental Shelf within the territorial jurisdiction of such territory that meets each of the following criteria: (i) The study required under paragraph (1)(A) concluded that a wind lease sale on the area is feasible. (ii) The Secretary has determined that the call for information has generated sufficient interest for the area. (iii) The Secretary has consulted with the Secretary of Defense and other relevant Federal agencies regarding such a sale. (iv) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development. (B) Exception If no area of the Outer Continental Shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses (i) through (iv) of subparagraph (A), the requirement under subparagraph (A) shall not apply to such territory. . 406. State Energy Program non-Federal cost-share waiver Funding made available to a territory under the Department of Energy’s State Energy Program ( 42 U.S.C. 6321 et seq. ) shall not be subject to a non-Federal share funding requirement. V Environmental Protection Agency 501. Definitions In this title: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Director The term Director means the Director of the Insular Area National Program Office. (3) Eligible entity The term eligible entity means each of the following: (A) A government, municipality, agency, or instrumentality of a territory. (B) A private, nonprofit organization or institution. (C) An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), except that such term does not include private, nonprofit institutions of higher education). (D) Any combination of entities described in subparagraphs (A) through (C), including partnerships and consortiums of local governments. (4) Office The term Office means the Insular Area National Program Office established by section 502. (5) Renewable energy The term renewable energy means energy that has been derived from Earth’s natural resources that are not finite or exhaustible, including solar, wind, hydroelectric, geothermal, ocean (thermal and mechanics). 502. Insular Area National Program Office (a) Establishment There is established within the Environmental Protection Agency an office, to be known as the Insular Area National Program Office. The Office shall be headed by a Director, who shall be appointed by the Administrator and compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Duties The Director shall— (1) direct, coordinate, implement, and monitor programs of the Environmental Protection Agency to— (A) build, enhance, and strengthen infrastructure in Insular Areas to withstand natural disasters; (B) expand renewable energy and energy efficiency in Insular Areas; and (C) provide technical assistance in Insular Areas; and (2) centralize and align all ongoing Environmental Protection Agency efforts in the Insular Areas. (c) Annual report The Director shall submit an annual report to the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate on the status of all projects undertaken and grants approved by the Office. (d) Authorization of appropriations For the Insular Area National Program Office, there is authorized to be appropriated to the Administrator $20,000,000 for each of the fiscal years 2022 through 2026. (e) Non-Federal Cost-Share waiver Any funding made available to Insular Areas by the Office shall not be subject to a non-Federal share funding requirement. 503. Insular Area Sustainable Infrastructure Grant Program (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Director of the Insular Area National Program Office shall establish and carry out a program, to be known as the Insular Area Sustainable Infrastructure Grant Program, to provide grants to eligible entities in the Insular Areas to build, enhance, and strengthen infrastructure systems in Insular Areas to withstand natural disasters, including drinking water systems, septic systems, stormwater systems, and solid waste systems. (b) Use of funds An eligible entity that receives a grant for infrastructure system projects under the Insular Area Sustainable Infrastructure Grant Program may use such funds for— (1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, and replacement activities; and (3) the acquisition of real property or an interest in real property (including land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (c) Applications (1) Inclusions An application under this subsection shall include— (A) a description of the project proposed by the eligible entity; (B) an evaluation (using methodology approved by the Director) of the quantifiable and unquantifiable benefits of the proposed project; (C) an estimate of the cost of the proposed project; and (D) a description of the age and expected lifetime of the infrastructure system funded by the project. (2) Priority In providing grants under this section, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost effective; and (C) serve areas with environmental justice communities— (i) in rural remote areas; or (ii) that have challenged environmental conditions. (3) Application Guidance and Processes The Director shall provide Insular Areas— (A) guidance for use in applying for grant funds under this section, including information regarding— (i) the process and forms for applications; (ii) permissible uses of funds received; and (iii) an annual deadline for submission of the applications; (B) a process by which the Director shall approve or disapprove each application; and (C) a streamlined process by which an Insular Area may renew an application described in subparagraph (A) for subsequent fiscal years. (d) Limitation on use of funds (1) Office The Director shall use 100 percent of the funds made available to carry out this section to provide grants, on a competitive basis, to eligible entities in Insular Areas. (2) Grant recipient An eligible entity may use not more than 10 percent of a grant provided under this section for administrative expenses of an approved project. (e) Authorization of appropriations To carry out this section there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026. 504. Insular Area Renewable Energy Grant Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Director of the Insular Area National Program Office shall establish and carry out a program, to be known as the Insular Area Renewable Energy Grant Program to provide grants to eligible entities in the Insular Areas to expand renewable energy and energy efficiency in the Insular Areas. (b) Eligibility (1) Projects eligible for assistance The following projects may be carried out with amounts made available under this section: (A) Construction of a new renewable energy system. (B) A project for energy redundancy and resilience based on renewable energy and for hurricane and storm damage reduction on renewable energy systems that the Director determines is technically sound, economically justified, and environmentally acceptable. (C) A project for enhanced energy efficiency in the operation of infrastructure that belongs to an eligible entity. (D) A project for repair, rehabilitation, or replacement of a renewable energy system. (E) A project to prevent, reduce, or mitigate the effects of hurricanes or storms, including projects that enhance the resilience of renewable energy systems. (F) Acquisition of real property or an interest in real property— (i) if the acquisition is integral to a project described in subparagraphs (A) through (D); or (ii) pursuant to an existing plan that, in the judgment of the Director, as applicable, would mitigate the environmental impacts of renewable energy system infrastructure projects. (G) A combination of projects under subparagraphs (A) through (F). (2) Activities eligible for assistance An eligible entity may use a grant provided under this section for, with respect to an eligible project— (A) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, and replacement activities; and (C) the acquisition of real property or an interest in real property (including land relating to the project, and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment. (c) Applications (1) Inclusions An application under this subsection shall include— (A) a description of the project proposed by the eligible entity; (B) an evaluation (using methodology approved by the Director) of the quantifiable and unquantifiable benefits of the proposed project; (C) an estimate of the cost of the proposed project; and (D) a description of the age and expected lifetime of a renewable energy or energy efficiency system funded by the project. (2) Priority In providing grants under this section, the Director shall give priority to proposed projects that, as determined by the Director— (A) maximize public health benefits; (B) are the most cost effective; and (C) serve areas with environmental justice communities— (i) in rural remote areas; or (ii) that are poor air quality areas. (3) Application Guidance and Processes The Director shall provide Insular Areas— (A) guidance for use in applying for grant funds under this section, including information regarding— (i) the process and forms for applications; (ii) permissible uses of funds received; and (iii) an annual deadline for submission of the applications; (B) a process by which the Director shall approve or disapprove each application; and (C) a streamlined process by which an Insular Area may renew an application described in subparagraph (A) for subsequent fiscal years. (d) Limitation on use of funds (1) Office The Director shall use 100 percent of the funds made available to carry out this section to provide grants, on a competitive basis, to eligible entities in Insular Areas. (2) Grant recipient An eligible entity may use not more than 10 percent of a grant provided under this section to fund administrative expenses of an approved project. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated to the Administrator $50,000,000 for each of the fiscal years 2022 through 2026. 505. Insular Area Technical Assistance Program (a) In general The Director shall establish a program, to be known as the Insular Area Technical Assistance Program, to provide technical assistance to Insular Areas relating to climate change planning, mitigation, adaptation, and resilience. (b) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of the fiscal years 2022 through 2026. VI Emergency Management 601. Community disaster loans repayment cancellation Notwithstanding any other provision of law, repayment of a loan made to a local government in an Insular Area under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ), including any interest on such loan, shall be canceled. 602. Disaster relief non-Federal cost-share waiver Funding made available to an Insular Area for disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) shall not be subject to a non-Federal share funding requirement. VII Sense of Congress regarding the threat of climate change 701. Sense of Congress regarding the threat of climate change It is the sense of Congress that— (1) climate change is an existential threat to the Freely Associated States; and (2) the United States should examine additional ways to help the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau address and mitigate the impacts of climate change and rising sea level through their respective Compacts of Free Association.
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